Agreement with Florida International University Board of Trustees DocuSign Envelope ID:E02198DA-7408-471C-A421-21515C92E7FD
Reso 2018-30259
AGREEMENT
8/3/2022 I 1:13 PM EDT
THIS AGREEMENT is made and entered into as of this 2022(the Effective
Date,which shall be the date this Agreement is fully executed),by and between
CITY OF MIAMI BEACH, FLORIDA
(Hereinafter referred to as CMB)
a body corporate and political subdivision of the State of Florida,
whose principal place of business is
1700 Convention Center Drive, Miami Beach, FL 33139
And
FLORIDA INTERNATIONAL UNIVERSITY BOARD OF TRUSTEES,
(Hereinafter referred to as FIU)
A member of the Florida College System and a political subdivision of the State of Florida,
whose principal place of business is
11200 SW 8th Street, MARC 430,Miami,Florida 33199
WHEREAS, Miami Beach Fienberg Fisher K-8 and Biscayne Beach Elementary School (the
"CMB Program Schools") do not offer after-school science, technology, engineering, and math
("STEM") enrichment classes, while the remaining CMB public elementary schools currently
offer after-school enrichment classes for their students; and
WHEREAS, through this Agreement, in partnership with FIU, CMB seeks to combine its
resources with FIU in order to increase the competitiveness of the CMB youth by establishing and
supporting an after-school enrichment program at the CMB Program Schools pursuant to the terms
and conditions set forth herein(the"Program");and
WHEREAS,this Agreement provides the guidelines for CMB to financially support the Program
for the 2022-23 school year.
NOW, THEREFORE, in consideration of the premises and of the mutual covenants contained
herein and other good and valuable consideration,the receipt and sufficiency of which are hereby
acknowledged,the parties agree as follows:
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ARTICLE 1—RECITALS
1.01 Recitals. CMB and FIU (individually,a"party" and collectively,the"parties")agree
that the foregoing recitals are true and correct and that such recitals are incorporated herein by
reference.
ARTICLE 2—DEFINITIONS
2.01 Chief Learning Officer: As referred to herein,the Chief Learning Officer shall be defined
as the Chief Learning and Development Officer who is employed by CMB and responsible for the
administration of this Agreement on behalf of CMB.
2.02 FIU Educator(s): As referred to herein,the FIU educator(s)shall be defined as a fulltime
or part-time member of the staff of FIU.
ARTICLE 3—SPECIAL CONDITIONS
3.01 Term of Agreement.The term of this Agreement shall be effective from October 3,2022
through June 2,2023, unless terminated earlier pursuant to Section 3.02 below.This Agreement
may be renewed annually upon the mutual written consent of the two Parties to this Agreement,
and subject to such terms and conditions as the Parties shall determine in writing.
3.02 Termination. This Agreement may be canceled with or without cause by either party
during the term hereof upon thirty (30) days written notice to the other party of its desire to
terminate this Agreement.
3.03 Joint Responsibilities. CMB and FIU shall maintain responsibility for implementing the
various components of the Program, as delineated in this Agreement.
A. For the Program, FIU serves as the "lead" organization for afterschool STEM classes at the
CMB Program Schools. As the lead organization, FIU is responsible for the following:
1. Requirements and Regulations: ensuring that the Program activities and supplies are
in compliance with this Agreement.
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2. Recruitment, Selection, and student mentorship: recruitment and selection of all
Program staff and management of staff throughout the recruitment, selection, and
onboarding process.
3. Program Content: Development, curation, and implementation of the Program
content, including: curriculum and exposure opportunities (e.g. speakers, workshops,
etc.). FIU will work in collaboration with CMB to jointly plan exposure opportunities
and events,but FIU retains the right of final approval and confirmation of all Program
class content and delivery. Prior to classes commencing, FIU will provide CMB with
the syllabus for the Program classes.
B. All Program support shall be provided by FIU pursuant to the course parameters and schedules,
set forth in Composite Attachment"A", attached hereto and incorporated herein by reference.
Fee: The fee shall be $250 per curriculum program for sixty(60)modules for a total amount not
to exceed$19,800(the"Fee")for up to 90 students per curriculum inclusive of all locations. Class
size will be no more than 30 students per class. Total of 90 students each semester. The City shall
pay 50% of the Fee in the amount of$9,900, within (45) days from the Effective Date of the
Agreement and receipt of an invoice from-FIU. The remainder of the Fee,in the amount of$9,900,
will be paid for by FIU through the Hobbs Foundation Grant. Pricing is listed for ten curriculum
modules conducted at three locations(one hour at each location per week) for two semesters (20
weeks). It is inclusive of all staff time,use of the curriculum,materials and mileage.
C. Teaching Staff: The responsibilities of FIU and CMB with respect to the FIU Educators will
be as follows:
1. FIU will be responsible for the development and implementation of staff recruitment,
training and placement. FIU full-time and part-time Educators are eligible to apply. FIU
will hold weekly meetings with FIU Educators. Weekly conference calls will follow with
the Chief Learning Officer.
2. The Chief Learning Officer, at the Chief Learning Officer's sole discretion,may request
that any FIU Educator be removed from participating in the Program, upon written notice
to FIU, effective as of the date provided in the written notice. If CMB requests that FIU
replaces the removed FIU Educator, FIU agrees to secure a replacement FIU Educator for
the Program.
3. FIU staff will escort pre-registered students from the designated after-care location to the
to the applicable space used for the Program. Upon completion of the one-hour Program,
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FIU staff will escort such students back to the designated after-care location. CMB shall
be responsible for all students once FIU staff has escorted them to the designated after-care
location. Parents shall be advised by CMB of the foregoing arrangements. FIU will not be
responsible for releasing children to parents.
D. Impact Evaluation: FIU will be responsible for the administration, analysis, and delivery of
impact evaluation efforts including participant, teacher, and parent assessment. FIU will
provide CMB with an impact report.Parent assessments will be conducted with the assistance
of CMB for access to contact information and/or parent interaction opportunities.
E. Under this Agreement,for the Program, CMB serves as"Host."As the Host, CMB agrees to:
1. Recruitment and Registration: CMB will support student recruitment efforts including
mandatory support/outreach to relevant community and education partners; CMB will
share additional opportunities for partner employees to engage in recruitment efforts as
they become available. CMB will require online registration through RecWare. CMB will
be responsible for the enrollment of students. Students may not take more than one (1)
class per semester, unless the class size is under-enrolled, then CMB may, at its sole
discretion,permit the same student to attend multiple classes.
CMB requires that the FIU Educators go through the City's Level 2 screening and obtain
contractor badges from MDCPS for classes onsite only(if applicable).
2. Space: CMB will execute a facility use agreement with Miami-Dade County Public
Schools(MDCPS) for the use of the required space for the Program at the CMB Program
Schools and Provide a dedicated classroom space at each CMB Program School for a
minimum of thirty (30) Program students and two (2) FIU Educators for the duration of
the 28 week Program. Classroom space must be pre-approved by FIU and include
windows, desk space, and chairs (either one large table or portable desks), a whiteboard,
and internet access. In the event that courses need to pivot to Virtual,then FIU will provide
all required virtual platforms and ensure connectivity throughout each class session.
3. Security: CMB will ensure security support and building access to Program students and
FIU Educators involved in the Program if applicable for onsite classes, in line with
MDCPS' policies and procedures. During the week prior to the Program start date, CMB
will provide a security overview meeting to the FIU Educators,outlining onsite procedures
in case of emergency, and during the first week of the Program, CMB will provide a
security overview and procedures to the Program students and FIU Educators. If
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applicable,FIU Educators will follow MDCPS protocol for virtual learning to ensure safety
of student participants in virtual classes.
F. Equipment/Supplies: CMB will make arrangements with MDCPS, through the facility use
agreement,for MDCPS to provide access to computer labs and classrooms as needed.MDCPS
will provide computers/laptops with Wi-Fi and Bluetooth capabilities for ninety(90) Program
students and two(2)FIU Educators, if applicable.
G. Program Management Resources: CMB has appointed the Chief Learning Officer and the
Education Compact Coordinator as the main points of contact to serve as the internal Program
manager for the Program at the CMB Program Schools from October 2022—June 2023. The
point of contact for each school and FIU is as follows:
Principal Maria Costa—Miami Beach Fienberg-Fisher K-8—mcosta@dadeschools.net
Principal Karen Belusic—Biscayne Beach Elementary School—kbelusic a,dadeschools.net
Nicholas Ogle—FIU—786-683-4069—nogle@fiu.edu
3.04 Marketing. FIU and CMB will work collaboratively to market,transition,evaluate, and
assess the results of the Program.
3.05 Notice. When any of the parties desire to give notice to the other, such notice must be in
writing, sent by U.S. Mail,postage prepaid, addressed to the representatives designated below by
each party(unless changed by written notice in compliance with the provisions of this paragraph):
To CMB: Alina T. Hudak
City Manager
City of Miami Beach
1700 Convention Center Drive
Miami Beach,Florida 33139
With a copy to: Dr. Leslie Rosenfeld
Chief Learning Development Officer
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
To FIU: Elizabeth M. Bejar
Interim Provost, Executive Vice President
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and COO
Florida International University
Modesto A. Maidique Campus
11200 S.W. 8th Street
Miami, Florida 33199
With a copy to: Office of Engagement
Florida International University
Modesto A. Maidique Campus
11200 S.W. 8th Street, PC 100
Miami, Florida 33199
ARTICLE 4-GENERAL CONDITIONS
4.01 Independent Contractor.The parties to this Agreement shall at all times be acting in the
capacity of independent contractors and not as an officer, employee or agent of one another.
Neither party nor its respective agents, employees, subcontractors or assignees shall represent to
others that it has the authority to bind the other party unless specifically authorized in writing to
do so.
4.02 Default. The parties agree that,in the event that either party is in default of its obligations
under this Agreement, the non-defaulting party shall provide to the defaulting party (30) days
written notice to cure the default. However, in the event said default cannot be cured within said
thirty(30)day period and the defaulting party is diligently attempting in good faith to cure same,
the time period shall be reasonably extended to allow the defaulting party additional cure time.
Upon the occurrence of a default that is not cured during the applicable cure period;this Agreement
may be terminated by the non-defaulting party upon thirty (30) days' notice. This remedy is not
intended to be exclusive of any other remedy,and each and every such remedy shall be cumulative
and shall be in addition to every other remedy now or hereafter existing at law or in equity or by
statute or otherwise. No single or partial exercise by any party of any right, power, or remedy
hereunder shall preclude any other or future exercise thereof.
4.03 Annual Appropriation.The performance and obligations of CMB under this Agreement
shall be contingent upon an annual budgetary appropriation by CMB's governing body. If CMB
does not allocate funds for the payment of services or products to be provided under this
Agreement, this Agreement may be terminated by CMB at the end of the period for which funds
have been allocated. CMB shall notify the other party at the earliest possible time before such
termination. No penalty shall accrue to CMB in the event this provision is exercised, and CMB
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shall not be obligated or liable for any future payments due or any damages as a result of
termination under this section.
4.04 Excess Funds. Any party receiving funds paid by CMB under this Agreement agrees to
promptly notify CMB of any funds erroneously received from CMB upon the discovery of such
erroneous payment or overpayment. Any such excess funds shall be refunded to CMB, as
applicable, with interest calculated from the date of the erroneous payment or overpayment.
Interest shall be calculated using the interest rate for judgments under Section 55.03, Florida
Statutes, applicable at the time the erroneous payment or overpayment was made by CMB. This
provision shall equally inure to FIU's benefit.
4.05 FIU'S COMPLIANCE WITH FLORIDA PUBLIC RECORDS LAW
A. FIU 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 CMB.
C. Pursuant to Section 119.0701 of the Florida Statutes, if FIU meets the definition of
"Contractor" as defined in Section 119.0701(1)(a),the FIU shall:
1. Keep and maintain public records required by CMB to perform the service;
2. Upon request from CMB's custodian of public records, provide CMB with a copy
of the requested records or allow the records to be inspected or copied within a
reasonable time at a cost that does not exceed the cost provided in Chapter 119,
Florida Statutes or as otherwise provided by law;
3. Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed,except as authorized by law, for
the duration of the contract term and following completion of the Agreement if the
FIU does not transfer the records to CMB;
4. Upon completion of the Agreement,transfer,at no cost to CMB, all public records
in possession of the FIU or keep and maintain public records required by CMB to
perform the service.If the FIU transfers all public records to CMB upon completion
of the Agreement, the FIU shall destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure requirements. If
the FIU keeps and maintains public records upon completion of the Agreement,the
FIU shall meet all applicable requirements for retaining public records. All records
stored electronically must be provided to CMB, upon request from CMB's
custodian of public records, in a format that is compatible with the information
technology systems of CMB.
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D. REQUEST FOR RECORDS;NONCOMPLIANCE.
1. A request to inspect or copy public records relating to CMB's contract for services
must be made directly to CMB. If CMB does not possess the requested records,
CMB shall immediately notify FIU of the request, and the FIU must provide the
records to CMB or allow the records to be inspected or copied within a reasonable
time.
2. FIU's failure to comply with CMB's request for records shall constitute a breach
of this Agreement, and CMB, 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. FIU who fails to provide the public records to CMB within a reasonable time may
be subject to penalties under s. 119.10.
E. CIVIL ACTION.
1. If a civil action is filed against FIU to compel production of public records relating
to CMB's contract for services, the court shall assess and award against FIU the
reasonable costs of enforcement,including reasonable attorneys' fees,if:
a. The court determines that FIU 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 FIU has not
complied with the request,to CMB and to FIU.
2. A notice complies with subparagraph (1)(b) if it is sent to CMB's custodian of
public records and to FIU at FIU's address listed on its contract with CMB or to
FIU'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. If FIU complies with a public records request within 8 business days after the notice
is sent is not liable for the reasonable costs of enforcement.
F. IF FIU HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119,
FLORIDA STATUTES,TO FIU'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS AGREEMENT,CONTACT THE CUSTODIAN OF PUBLIC
RECORDS AT:
CITY OF MIAMI BEACH
ATTENTION: RAFAEL E. GRANADO,CITY CLERK
1700 CONVENTION CENTER DRIVE
MIAMI BEACH, FLORIDA 33139
E-MAIL: RAFAELGRANADO@MEAMIBEACHFL.GOV
PHONE: 305-673-7411
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4.06 Audit and Inspections.
A. Upon reasonable verbal or written notice to FIU, 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 CMB's behalf, to audit, examine, and/or inspect, any and all other
documents and/or records relating to all matters covered by this Agreement. FIU shall maintain
any and all such records at its place of business at the address set forth in the "Notices"
section of this Agreement.
B. Inspector General Audit Rights: •
1. Pursuant to Section 2-256 of the Code of the City of Miami Beach, CMB 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 CMB.
2. The Office of the Inspector General is authorized to investigate CMB affairs and
empowered to review past,present and proposed CMB 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 CMB projects and programs.
Monitoring of an existing CMB 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 related to this Agreement
including but not limited to project design,bid specifications, (bid/proposal)submittals,activities
of CMB or FIU, its officers, agents and employees, lobbyists, CMB 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, CMB is allocating a percentage of its overall annual contract
expenditures to fund the activities and operations of the Office of Inspector General.
3. Upon ten(10)days written notice to FIU, FIU 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
related to this Agreement including but not limited to project design, bid specifications,
(bid/proposal) submittals,activities of CMB or FIU its officers, agents and employees, lobbyists,
City staff and elected officials to ensure compliance with the contract documents and to detect
fraud and corruption.
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4. The Inspector General shall have the right to inspect and copy all documents and
records in FIU'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.
5. FIU 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:
a. If this Agreement is completely or partially terminated, FIU shall make
available records relating to the work terminated until three (3) years after any resulting final
termination settlement;and
b. FIU shall make available records relating to appeals or to litigation or the
settlement of claims arising under or relating to this Agreement until such appeals, litigation, or
claims are finally resolved.
6. The provisions in this section shall apply to FIU, its officers, agents, employees,
subcontractors and suppliers.FIU shall incorporate the provisions in this section in all subcontracts
and all other agreements executed by FIU.in connection with the performance of this Agreement.
7. Nothing in this section shall impair any independent right of CMB or FIU to
conduct audits or investigative activities. The provisions of this section are neither intended nor
shall they be construed to impose any liability on CMB by FIU or third parties.
C. E-Verify
1. CMB and FIU 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, CMB and FIU 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, CMB and FIU 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 CMB and FIU enter into a contract with
an approved subcontractor, the subcontractor must provide CMB and FIU, as applicable, with an
affidavit stating that the subcontractor does not employ, contract with, or subcontract with an
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unauthorized alien. CMB and FIU, as applicable, 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.
2. TERMINATION RIGHTS.
a. If CMB or FIU, as applicable, has a good faith belief that any party has
knowingly violated Section 448.09(1),Florida Statutes,such party shall terminate this Agreement
for cause, and neither party shall thereafter have or owe no further obligation or liability to the
other party.
b. If CMB or FIU, as applicable, has a good faith belief that a subcontractor
has knowingly violated Section A, but such party, as applicable, otherwise complied with such
section, then it shall promptly notify the other party, as applicable, and order such party to
immediately terminate the agreement with the subcontractor. Such party's failure to terminate a
subcontractor shall be an event of default under this Agreement, entitling the other party to
terminate the Agreement for cause.
c. A contract terminated under the foregoing Subsections(2)(a)or(2)(b)is not
in breach of contract and may not be considered as such.
d. CMB or FIU or a subcontractor may file an action with the Circuit or
County Court to challenge a termination under the foregoing Subsections(2)(a) or(2)(b) no later
than 20 calendar days after the date on which the contract was terminated.
e. If any party terminates the Agreement under the foregoing Subsection
(2)(a), CMB or FIU, as applicable, may not be awarded a public contract for at least 1 year after
the date of termination of this Agreement.
f. CMB or FIU, as applicable, is liable for any additional costs incurred by
CMB as a result of the termination of this Agreement under this section.
4.07 Student Records: Notwithstanding any provision to the contrary within this Agreement,
FIU shall fully comply with the requirements of Section 1002.22, Florida Statutes, or any other
state or federal law or regulation regarding the confidentiality of student information and records.
FIU agrees, for itself, its officers, employees, agents, representatives, contractors or
subcontractors,to fully indemnify and hold harmless CMB and its officers and employees for any
violation of this section, including, without limitation, defending CMB and its officers and
employees against any complaint, administrative or judicial proceeding, payment of any penalty
imposed upon CMB, or payment of any and all costs, damages,judgments or losses incurred by
or imposed upon CMB arising out of a_breach of this covenant by FIU, or an officer, employee,
agent, representative, contractor, or sub-contractor of FIU to the extent that FIU or an officer,
employee, agent, representative, contractor, or sub-contractor of FIU shall either intentionally or
negligently violate the provisions of this section or of Section 1002.22, Florida Statutes. This
section shall survive the termination of all performance or obligations under this Agreement and
shall be fully binding until such time as any proceeding brought on account of this Agreement is
barred by any applicable statute of limitations.
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4.08 Indemnification. Solely to the extent and limits permitted by Fla. Stat.Section 768.28 and
without waiving any rights or defenses thereunder,FIU agrees to indemnify and hold harmless the
City of Miami Beach and its officers, employees, agents, and contractors, from and against any
and all actions(whether at law or in equity),claims,liabilities,losses,and expenses,including,but
not limited to, attorneys' fees and costs, for personal, economic or bodily injury,wrongful death,
loss of or damage to property,which may arise or be alleged to have arisen from the negligent acts,
errors,omissions or other wrongful conduct of FIU,its officers,employees,agents,contractors,or
any other person or entity acting under FIU's control or supervision, in connection with, related
to,or as a result of FIU's performance of the services pursuant to this Agreement. To that extent,
FIU 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 CMB in the defense of such claims and losses,including appeals. FIU expressly
understands and agrees that any insurance protection required by this Agreement or otherwise
provided by FIU shall in no way limit FIU's responsibility to indemnify, keep and save harmless
and defend CMB or its officers,employees, agents and instrumentalities as herein provided.
The parties agree that one percent(1%) of the total compensation to FIU for performance of the
Services under this Agreement is the specific consideration from CMB to the FIU for FIU's
indemnity agreement. The provisions of this Section and this indemnification shall survive
termination or expiration of this Agreement.
4.08 Place of Performance. The Program services will take place in one of the CMB Program
Schools.
4.09 Governing Law and Venue. This Agreement shall be interpreted and construed in
accordance with and governed by the laws of the State of Florida. Any controversies or legal
problems arising out of this Agreement and any action involving the enforcement or interpretation
of any rights hereunder shall be submitted to the jurisdiction of a State court of competent
jurisdiction in Miami-Dade County, Florida.
4.10 Entirety of Agreement. This document incorporates and includes all prior negotiations,
correspondence,conversations,agreements and understandings applicable to the matters contained
herein and the parties agree that there are no commitments, agreements or understandings
concerning the subject matter of this Agreement that are not contained in this document.
Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon
any prior representations or agreements,whether oral or written.
4.11 Preparation of Agreement. The parties acknowledge that they have sought and obtained
whatever competent advice and counsel as was necessary for them to form a full and complete
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understanding of all rights and obligations herein and that the preparation of this Agreement has
been their joint effort. The language agreed to herein express their mutual intent and the resulting
document shall not,solely as a matter of judicial construction,be construed more severely against
one of the parties than the other.
4.12 Amendments. No modification, amendment, or alteration in the terms or conditions
contained herein shall be effective unless contained in a written document prepared with the same
or similar formality as this Agreement and executed by each party hereto. The City Manager of
the City of Miami Beach, Florida, on behalf of CMB, shall be authorized to execute any
amendment or extension of this Agreement.
4.13 Survival. All representations and warranties made herein, regarding indemnification
obligations,obligations to reimburse CMB,obligations to maintain and allow inspection and audit
of records and property, obligations to maintain the confidentiality of records, reporting
requirements, and obligations to return public funds shall survive the termination of this
Agreement.
4.14 Authority. Each person signing this Agreement on behalf of either party individually
warrants that he or she has full legal power to execute this.Agreement on behalf of the party for
whom he or she is signing, and to bind and obligate such party with respect to all provisions
contained in this Agreement.
4.15 NO DISCRIMINATION.In connection with the performance of the Services,FIU 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, FIU 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.
13
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The Parties hereto have made and executed this Agreement on the date last signed below.
FOR THE CITY OF MIAMI BEACH:
(Corporate Seal) CITY OF MIAMI BEACH,FLORIDA:
DS Es
„,7
By. ll
Tina T.Hudak,City Manager
Date: 8/3/2022
ATTEST:
—DocuSigned by:
By: rafaa'GV'aan,aa.o
Rafael-EF'drAaiiao;City Clerk
Date: 8/3/2022 1 1:13 PM EDT
Approved as to Form and Legal Content:
Office of the City Attorney ,(-Ai/
Date: 0'/fIZ2.-
14
DocuSign Envelope ID:E02198DA-7408-471C-A421-21.515C92E7FD
DocuSign Envelope ID:BE18AB06-FD1F-4EA3-B382-0CA838B2B757 16 E 1-5 0 7 F E F 2 0 1 8 C 4
FOR THE REPRESENTATIVES OF FLORIDA INTERNATIONAL UNIVERISTY:
(Corporate Seal) THE REPRESENTATIVES OF FLORIDA
INTERNATIONAL UNIVERSITY,
MIAMI,FLORIDA:
FDS
DocuSigned by:
By: Eetii1S104 M159ar
Elizabetnig '.Etie ar"-
Interim Provost,Executive Vice President
and COO
Date: July 15, 2022
ATTEST:
By:
Michael Heithaus
Executive Dean,College of Arts,Sciences&
Education
Date: 7/14/2022
Approved as to Form and Legal Sufficiency:
ned by:
By: /
RafaeerdnF o iias6E...
Senior University Counsel
Date: July 15, 2022
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Attachment A
Scope of Services
Miami Beach Public Schools,Office of Engagement&CASE Education Outreach
Interactive Programs After-School
Overview
Florida International University's(FIU)College of Arts, Sciences and Education(CASE)Education
Outreach team will provide STEM focused programming to Miami Beach youth at Miami Beach
Fienberg Fisher K-8 and Biscayne Beach Elementary during the 2022-23 school year.
NUMBER OF WEEKS
Two 10 week-long sessions
• Fall: October-December 2022
• Spring February-April 2023
NUMBER OF TRACKS/SEMESTER
• One middle school track at Miami Beach Fienberg Fisher K-8
• One 3`a—5th grade track at Biscayne Beach Elementary
• One 3'a-5`h grade track at Miami Beach Fienberg Fisher K-8
STAFFING
The FlU CASE Ed Outreach team will hire and train two(2)student assistants to facilitate programming.
Ed Outreach will hire and supervise staff.
SCHOOLS
Miami Beach Fienberg-Fisher K-8
Biscayne Beach Elementary
INTERACTIVE PROGRAMS
Interactive programs are engaging classroom experiences facilitated by FIU content experts.Topics for
programming range from microplastics and Tardigrades,to forensics and technology in science. Our
interactive programs engage students in conversations about careers in STEM,their connection to the
• natural world and practical science concepts needed for a sustainable future. Students will interact with
FlU staff during a 1-hour interactive program that will foster an engaging and holistic educational
experience.
Interactive Program Breakdown:
1. DNA Detectives: Explore different methods to extract and analyze DNA. Identify unknown
species using the biological clues left.behind.Then,make conservation management decisions
based on the identity of the revealed species and the role it plays within ecosystems and trophic
webs.
2. Rocket Racers: Engineer air-propelled rockets using key tenets of physics such as lift,drag,
thrust and gravity. Launch each model to see which goes the farthest/highest.Then as a team
discuss individual successes and areas of opportunity.
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3. Tech to Protect:Join research expeditions and field work with some of FlU's most adventurous
scientists.Explore different types of marine animal camera rigs,then create your own,
showcasing how scientists have to think on their feet-or fins.
4. Planet Plankton: Examine plankton species and their complex anatomies under high-powered
microscopes.Build plankton models based on real-world adaptations and test their effectiveness
in water.
5. Code Breakers:Travel back in time to learn about various ciphers composed of alphanumeric
digits and cultural symbols.Learn to encode your own mysterious message to see if its intended
recipients can decode its clandestine meaning.
6. Mapping Microplastics: Students will use scientific tools and follow the engineering&design
process to look for microplastics within water samples taken from Biscayne Bay.Students will
then analyze their samples and contribute to a project that is seeking to determine the amount and
kinds of microplastics in our water.
7. Biscayne Bay Journey:Coastal habitats provide a wide range of valuable services and are
important indicators of ecological health—from land to sea.Journey through Biscayne Bay where
vast oceans meet the Florida peninsula to create one of the most unique ecosystems on Earth.
Using select activities from our Mission Inspire:Expedition Biscayne Bay curriculum,students
and teachers will join an FIU facilitator in completing a lesson along with trained staff.
8. Journal Earth:There are so many stories to be told—where does one begin?Learn how to blend
technical and creative writing methods when building a narrative.Then,choose a writing genre to
express ideas and emotions by crafting relatable tales.Areas include fiction and non-fiction as
well as prose and poetry.
9. Aquarius Journey:Participants explore the ocean and its inhabitants along with how to conserve
all the resources they provide.Using select activities from our Mission Inspire: Expedition Ocean
curriculum,students and teachers will join an FIU facilitator in completing a lesson along with
trained staff.
10. Animal Encounter: Interact with marine invertebrates such as sea stars,urchins,snails,crabs
and more*to gain a better understanding of the critical roles they play in their ecosystems.Learn
about taxonomy by identifying and classifying these marine species by their shared
characteristics.
FACILITATION
The FIU Education Outreach team would hire,train and supervise two(2)part time staff positions to
cover the program facilitations.
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TRACKS&WEEKLY THEMES
Fall 2022
CASE ED OUTREACH&FIU Office of Engagement After School Programming
OCTOBER 2022 DECEMBER 2022
School Fienberg-Fisher MS Biscayne Beach Fienberg-Fisher
6TH_8TH 3rd—5th 3RD_5TH
Day of the Week Tuesday Wednesday Thursday
Week 1 DNA Detectives DNA Detectives DNA Detectives
Oct.3-7
Week 2 Rocket Racers Rocket Racers Rocket Racers
Oct. 10-14
Week 3 Tech to Protect Tech to Protect Tech to Protect
Oct.17-21
Week 4 Planet Plankton Planet Plankton Planet Plankton
Oct.24-28
Week 5 Code Breakers Code Breakers Code Breakers
Oct.31-Nov.4
Week 6 Mapping Microplastics Mapping Microplastics Mapping Microplastics
Nov.7-11
Week 7 Biscayne Bay Journey Biscayne Bay Journey Biscayne Bay Journey
Nov. 14-18
Week 8 Journal Earth Journal Earth Journal Earth
Nov.21-25
Week 9 Aquarius Journey Aquarius Journey Aquarius Journey
Dec.5-9
Week 10 Animal Encounter Animal Encounter Animal Encounter
Dec. 12-16
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TRACKS&WEEKLY THEMES
Spring 2023
CASE ED OUTREACH&FIU Office of Engagement After School Programming
FEBRUARY 2023—APRIL 2023
School Fienberg-Fisher MS Biscayne Beach Fienberg-Fisher
6TR_8TH 3ad—5th 3RD_5TH
Day of the Week Tuesday Wednesday Thursday
Week 1 DNA Detectives DNA Detectives DNA Detectives
Jan.30-Feb.3
Week 2 Rocket Racers Rocket Racers Rocket Racers
Feb.6- 10
Week 3 Tech to Protect Tech to Protect Tech to Protect
Feb. 13-17
Week 4 Planet Plankton Planet Plankton Planet Plankton
Feb.20-24
Week 5 Code Breakers Code Breakers Code Breakers
Feb.27-Mar.3
Week 6 Mapping Microplastics Mapping Microplastics Mapping Microplastics
Mar.6-10
Week 7 Biscayne Bay Journey Biscayne Bay Journey Biscayne Bay Journey
Mar. 13-17
Week 8 Journal Earth Journal Earth Journal Earth
Mar.27-31
Week 9 Aquarius Journey Aquarius Journey Aquarius Journey
Mar.3-7
Week 10 Animal Encounter Animal Encounter Animal Encounter
Apr. 10-14
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ED OUTREACH COSTS—INTERACTIVE PROGRAMS
Program costs for the 2022-23 school year will not exceed$19,800 of which the City of Miami Beach
will fund the Fall 2022 cost at$9,900 and FIU will cover the Spring 2022 term at$9,900.
Fall 2022
Item Cost Quantity Total
Interactive Programs $250/per program 30 $7,500
Ed Outreach Student $12/hour(10 10 weeks $1,200
Facilitator hours/week)
Ed Outreach Student $12/hour(10 10 weeks $1,200
Facilitator hours/week)
Total $9,900
Spring 2023*
Item Cost Quantity Total
Interactive Programs $250/per program 30 $7,500
Ed Outreach Student $12/hour(10 10 weeks $1,200
Facilitator hours/week)
Ed Outreach Student $12/hour(10 10 weeks $1,200
Facilitator hours/week)
Total $9,900
*Paid for by FIU-Hobbs foundation grant
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Attachment B
City of Miami Beach Program
Afterschool Enrichment Program for Biscayne Beach Elementary School students and Miami Beach
Fienberg-Fisher K-8 students.
Schools
Biscayne Beach Elementary School Miami Beach Fienberg-Fisher K-8
800 77th Street,Miami Beach 1420 Washington Ave,Miami Beach
(305)868-7727 (305)531-0419
Principal Karen Belusic Principal Maria Costa
FIIU SCIENCE Afterschool
•FIU Educators must attend an orientation session on the first Friday of each semester.
•FILJ Educators will be matched to an afterschool session depending on their course schedules.
Educators Illness or Emergency
•FIIU Educators are expected to notify FIIU and the Chief Learning Officer and corresponding school by
10:00am on the day they will not be able to make it to class due to illness. In case of an emergency,
instructors are also expected to call before the session.In both cases,the session will be hosted by a FIIU
alternate educator.
FIU PRIMARY CONTACT
Nicholas Ogle
Assistant Director,Education Outreach&BBC Operations
College of Arts,Sciences&Education
Florida International University
3000 NE 151st St-AC1315
Miami,FL 33181
0:(305)919-5568 C: (786)683-4069
Email:nogle@fiu.edu
Schedule
The in-person program runs in the Fall from October 3,. 2022 to December 16,2022,and Spring from
January 30,2023 to April 14,2022. A background check of level II is required.
Mondays,Tuesday,Thursdays 3:15 p.m.—4:15 p.m.
Wednesdays 2:05 p.m.—3:05 p.m.
If virtual,the times will be:
Mondays,Tuesday,Thursdays 4:00 p.m.—5:00 p.m.
Wednesdays 3:00 p.m.—4:00 p.m.
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Program Dates
Fall 2022 Semester Dates(10 weeks)
Week 1: October 3-7
*No school October 5
Week 2: October 10-14
Week 3: October 17-21
Week 4:October 24-28
Week 5:Oct.31-Nov.4
Week 6:November 7-11
*No school November 8, 11
Week 7:November 14-18
*No school November 21-25
Week 8:Nov.28-Dec.2
Week 9:December 5-9
Week 10:December 12-16
Spring 2023 Semester Dates(10 weeks)
Week 1:Jan.30-Feb.3
Week 2: February 6-10
Week 3:February 13-17
Week 4: February 20-24
*No school February 20
Week 5: Feb.27-Mar. 3
Week 6:March 6-10
Week 7:March 13-17
*No school March 20-24
Week 8:March 27-31
Week 9:April 3-7
*No school April 7
Week 10:April 10-14
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MI AM I BEACH 'Contract/Docum t.Routing Form
arContCaafiNo:Mi.,a' • T1L)e- .,' ,, ai„ -;, .�_ 5,t `;r _ s , _
CMB FIU AFTERSCHOOL 2022-23 "�) e
:Coil actor " `' �MIL r t�i�f ment j 2K� -�C�S 3
FLORIDA INTERNATIONAL UNIVERSITY ORGANIZATIONAL DEVELOPMENT PERFORMANCE INIT.
De arfineht,'.D>rect& ame&Si:n ea "D9`a .:" i,ACM.Name"8nSi natu e r..-
DR.LESLIE ROSENFELD CG�t�ur. MARK TAXIS CH
19CD24CA93D74¢. l E9ACO51EF2M4I..,
qY.
Type 1-Contract,amendment,change order or task order resulting from a procurement-issued competitive solicitation.
X Type 2-Other contract,amendment,change order or task order not resulting from a procurement-issued competitive solicitation.
Type 3-Independent Contractor Agreement(ICA) Type 6-Tenant Agreement
Type 4-Grant agreements with the City as the recipient Type 7-Inter-governmental agency agreement
Type 5-Grant agreements with the City as the grantor Other:
:&iP,t r:`o a attachmeMi ifadc7rtio r"ahs aaji necessa .: , ;s. .
This agreement allows Florida International University(FIU)to provide free STEM afterschool programming to students at
Biscayne Beach Elementary and Fienberg-Fisher K8 for the 2022-2023 school year.Afterschool programming for 2022-23 will
also be provided by FROST Museum. In 2008,the City of Miami Beach entered into an Education Compact with Miami-Dade
County Public Schools to enhance learning opportunities for youth.Reso 2018-30259 approved afterschool activities at these
schools including subsequent school years in an amount not to exceed$60,000.Reso 2018-30259 authorizes the City
Manager and City Clerk to execute any and all required agreements to implement the educational enhancements.
3t1_ma Teciit `" ' ,. . �: "Tot`. T,e rtt:(!ri:ii1a1 :Renewals<f k
October 3,2023-June 2,2023
n11 16:41 or"niat ri `
Grant Funded: Yes X No I State Federal Other:
"3 x, a $ " Cat- IFl ndirt:=SSfurce `:S e !'_
leap a�� AnntaFCcsL; a Acioa`ntsri ` e�etiesErhaice,.mert ,1`�s,
1 $9,900 177-6881-000343 r!,, Yes X No
2 1"%' Yes No
3 Yes No
4 Yes No
5 Yes No
1.For contracts longer than five years,contact the Procurement Department. 2.Attach any supporting explanation needed.
3.Budget approval indicates approval for current fiscal year only. Future years are subject to City Commission approval of
annual adopted operating budget.
_;xAttA.. .ra.AtlthOCf.°�
City Commission Approved: X Yes No Resolution No.: CC Agenda Item No.: CC Meeting Date:
2018-30259 C7 L April 11,2018
If no,explain why CC approval is not required:
Legal Form Approved: X Yes No If no,explain below why form approval is not necessary:
° �, 5 • A•.royals'se 4 ttath4d,t r ',
e a, �;ss�'i—oe steneanr..� ..�'-) �,s.
Procurement: A Dza.s Grants: NA
�-IftWITR9b 4cD
Budget: Information Technology: NA
1'tlettin(9fEo Sh41-4tVt
Risk Management: Avoggingi�oi�..�' Fleet&Facilities: NA
1X I(,!. +
Human Resources: NW Other: NA
`-8C5ED829874948�