PreKindergarten Program Provider Contract with Vivi's Child Care, Inc. JAN 2 5 2023
DocuSign Envelope ID:5C229DD5-8D2F-48DA-8CF0-2BC7A3875D0B .
Reso 2021-31962
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CITY OF MIAMI BEACH
PREKINDERGARTEN PROGRAM
PROVIDER CONTRACT
(SCHOOL YEAR 2023-2024)
1. PARTIES AND TERMS OF CONTRACT
1.1 Parties.This Provider Contract ("Contract") relating to the City of Miami Beach
Prekindergarten Program (the "CMB Program") is made and entered into this day of
January 5, 2023 , 20_, by and between the City of Miami Beach, Florida, a municipal
corporation of the State of Florida, with its principal office located at 1700 Convention Center
Drive, Miami Beach, Florida 33139 (herein referred to as the "CITY"), and
Vivi's Child Care Inc. , a [ ) not-for-profit
corporation [ x [ for profit corporation [ 1 limited liability company (herein referred to as
"PROVIDER"), with its principal office located at 759 83rd St,Miami Beach,FL 33141 and
its provider physical site address(if the single site provider physical site address is different from
principal office address) located at 759 83rd St.Miami Beach,FL 33141
a. Multiple Public School Locations. If PROVIDER is a school district executing a
single Contract on behalf of multiple public school Prekindergarten (PK) Education
Program providers, a list of their names and their physical addresses are included in
Exhibit 1:Provider Location List;thereafter,the reference to"PROVIDER"shall include
each entity listed in Exhibit 1.
b. Multiple Private Provider Locations.If PROVIDER is executing a single Contract on
behalf of multiple private PK Education Program sites within the CITY's service area,
a list of their names and their physical addresses are included in Exhibit 1: Provider
Location List; thereafter,the reference to "PROVIDER"shall include each entity listed
in Exhibit 1.
c. Identification Number and Department of Children and Families Number.
Insert PROVIDER's EIN or Social Security (SSN)Number here:
27-0300062
Insert PROVIDER's Department of Children and Families(DCF)Number here:
C11MD1779 -
PROVIDER's EIN or SSN Number is requested in accordance with Sections
119.071(5)(a)(2) and 119.092, Florida Statutes, for use in the records and data
systems of the CITY. Submission of PROVIDER's EIN or SSN is mandatory.
PROVIDER's EIN or SSN will be used for processing payments to PROVIDER as a
CMB Program provider,for reporting those payments for federal tax purposes, and for
routine identification. PROVIDER's DCF Number is required to confirm eligibility to
provide services under this Contract.
1.2 Purpose. This Contract is designed to inform PROVIDER of the requirements of
participation in the CMB Program. Payment is not conveyed to PROVIDER through this Contract.
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Instead, PROVIDER must agree to comply with the terms and conditions of this Contract in order
to be eligible to participate in the CMB Program. This Contract is to engage an eligible provider to
provide PK Education Program services to eligible CMB Program participants. As referred to in
this Contract,"participant(s)"shall refer to the Miami Beach parent/guardian and their children,for
whom PROVIDER will be providing PK Education Program services under the CMB Program. A
school-year PK Education Program provides for 540'instructional hours. PK Education Programs
may receive funding from the State Voluntary Pre-Kindergarten(V-PK)Program,federal programs
or other third-party scholarships('Third Party Funders"). Under the CMB Program,the CITY will
provide a stipend, in the amount of up to$3,000.00 per school year, to cover up to an additional
450 instructional hours ("Program Instructional Hours"), representing up to 2.5 hours per day
for 180 days, payable, on a reimbursable basis, as more particularly described in Subsection 5.5.
The Program Instructional Hours may not serve to supplant,or duplicate funding provided by Third
Party Funders which is received by the participants. The Program Instructional Hours may serve
to provide an additional 2.5 PK Education Program hours per day, beyond those funded through
Third Party Funders, or as a stand-alone stipend. Program Instructional Hours may only be
applied toward programming occurring during the regular school hours for PROVIDER's PK
Education Program. Program Instructional Hours may not be applied toward after-school
programming hours.
1.3 Term. This Contract applies to the CMB Program for the 2023-2024 school year.
PROVIDER shall offer a PK Education Program for the full school year. This Contract begins on
the date on which the Contract is signed and dated by the last party required to sign the Contract
(as reflected in Subsection 1.1 of the Contract), or the first day of school, aligned to the Miami-
Dade County public school calendar, whichever occurs last("Effective Date"), and expires upon
completion of the school year or expenditure of the allotted Program Instructional Hours,
whichever occurs first, unless otherwise terminated earlier under the terms of the Contract
(collectively,the"Term").
2. PROVIDER ELIGIBILITY
To be eligible to deliver the CMB Program services, PROVIDER must be a traditional public
school; or one of the following private PK Education Program providers: (1) a child care facility,
licensed under Section 402.305, Florida Statutes;a family day care home licensed under Section
402.313,Florida Statutes;a large family child care home licensed under Section 402.3131,Florida
Statutes,a non-public school exempt from licensure under Section 402.3025(2), Florida Statutes;
or a faith-based child care provider exempt from licensure under Section 402.316, Florida
Statutes.
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A charter school that includes a PK Education Program in its charter is a public school and shall
only execute this Contract with the approval and oversight of the school district.A charter school
that does not include a PK Education Program in its charter must meet the requirements to be a
private provider to be eligible to deliver the CMB Program.
Check the box to indicate PROVIDER's type:
DA public school (Exhibit 1 must be completed as an authorized attachment to this
Contract.)
®A private provider (Exhibit 1 must be completed as an authorized attachment to this
Contract.)
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{ 3. PROVIDER RESPONSIBILITIES AND SCOPE OF WORK
3.1 Child Enrollment. PROVIDER agrees to enroll eligible children as determined by the
• CITY for the CMB Program. The CITY will provide PROVIDER with written notification of eligibility
for approved participants. PROVIDER will be required to execute an agreement with the
participants, as described in Subsection 5.1, as a condition precedent to acceptance of the
participants into the CMB Program.
3.2 Adherence to Requirements.
a. PROVIDER agrees to deliver the CMB Program in accordance with all of the
requirements which are set forth in the applicable Florida statutes, rules, and this
Contract.
b. PROVIDER agrees to participate in a CMB orientation prior to the execution of the
Contract if offered by the CITY.
3.3 Assessment. PROVIDER agrees to implement a CMB Program survey to participants
upon the commencement and completion of the CMB Program.
3.4 Supplemental Services. PROVIDER shall not require a child to enroll for, or require the
• payment of any fee or charge for, supplemental services(e.g., "extended-day,""extended-year,"
"wrap-around,"or"full-day"services)as a condition of admitting a participant in the CMB Program.
PROVIDER agrees to schedule all Program Instructional Hours offered for any CMB Program
class so that parents/guardians are not constructively required to enroll a child in supplemental
services or pay any fee or charge (e.g., scheduling Program Instructional Hours in a day with a
break in instructional time,for which parents would be required to pay for supplemental services
for care). If PROVIDER requires such fees,the CITY shall have the right to terminate the Contract
for cause,as described in Subsection 11.1(d).
3.5 Class Staffing. PROVIDER agrees to maintain proper staffing for the CMB Program, as
required by Florida Statutes.
3.6 CITY'S Logo. PROVIDER may use the registered CITY logo in conjunction with the
operation of the CMB Program in advertisements, letterhead, educational and promotional
materials. PROVIDER agrees to comply with the CMB Program Logotype Usage and Brand
Guidelines and must cease use of the CITY's logo once services under this Contract are
suspended or terminated, or upon the CITY's request. All promotional materials related to the
CMB Program shall be subject to the prior written approval by the CITY's Chief Learning Officer.
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3.7 PROVIDER Deliverables for CMB Program
Type Task Provider Activities Due Date
Invoices for Program Private and Provide Invoices,signed by Monthly
Instructional Hours Public PROVIDER and
parent/guardian of the
participant child within fifteen
(15)days from end of month
of service
Child Attendance Private and Child Attendance Monthly
Public records per Subsections 5.2
and 5.3
Information Private Compliance with notification Subsection 5.1 —(upon
change and requirements per Subsection execution of PROVIER-
notification Public 5.1 (Enrollment); Subsection Participant Agreement);
5.9(DismissalNoluntary Subsection 5.9 (7
Withdrawal); Subsection calendar days from
12(a)(closure of business; dismissal,withdrawal);
and Subsection 12(b) Subsections: 12(a)(end
Reasons for dismissal of of business day of
child participant closure date; 2 business
days after re-opening);
and 12(b) (7 calendar
days from dismissal of
child)
Liability Private Notification of Within 10 calendar days
Insurance cancellation of of cancellation or
Notification changes to general changes to general
liability coverage liability coverage
Implementation of Private Administration of Survey Within the first 30
Pre and Post CMB and calendar days of CMB
Program Survey Public Program class
commencement and 30
days from CMB
Program end date
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4. CITY RESPONSIBILITIES
4.1 PROVIDER eligibility. The CITY is responsible for determining eligibility of PROVIDER
to participate in the CMB Program.
4.2 Child Eligibility. The CITY is responsible for determining the eligibility of children
enrolling in the CMB Program.
5. COMPENSATION AND FUNDING
5.1 Notification of Enrollment. PROVIDER agrees that it will not receive payment until
PROVIDER has an executed agreement with the CITY, and the CITY has approved, in writing,
an agreement between PROVIDER and an eligible Miami Beach parent/guardian of a child
participating in the CMB Program(the"PROVIDER-Participant Agreement"). The PROVIDER-
Participant Agreement must describe the authorized use of the CMB Program funds and the
tuition rates for PROVIDER's PK Education Program. Upon review and approval of the
PROVIDER-Participant Agreement,the CITY's Chief Learning Officer will provide a confirmatory
letter of eligibility for the participant and the selected PROVIDER,which letter shall be counter-
signed by the participant parent/guardian and PROVIDER.
5.2 Attendance Documentation. PROVIDER agrees to document the daily attendance, to
certify the monthly attendance, and to certify the annual cumulative attendance of each child
admitted to PROVIDER's CMB Program class(es).
5.3 Parent Attendance Certification. PROVIDER agrees to require that the parent/guardian
of each child in the CMB Program verify,each month,the child's attendance on the prior month's
certified child attendance record.
5.4 Invoicing and Payment. PROVIDER shall provide the CITY with a monthly invoice,
within fifteen (15) days from the end of a given month, for payment of eligible Program
Instructional Hours to:
Dr. Leslie Rosenfeld
Chief Learning Development Officer City of Miami
Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
E-Mail: Ieslierosenfeld a,miamibeachfl.gov
The invoice will be executed by PROVIDER and the parent/guardian of the participant child and
include a reimbursement summary,the attendance documentation(certified by PROVIDER),and
the parent attendance certification for the given month. If the due date for the monthly invoice and
the foregoing required documentation falls on a holiday, PROVIDER agrees to submit the monthly
invoice, along with the required documentation to the CITY on the proceeding business day.
Documentation submitted late will be processed and paid in the next payment cycle.
Payments will be mailed to PROVIDER, within thirty (30) days from receipt of an acceptable
invoice, at the address for contact for PROVIDER,listed in Subsection 1.1 of the Contract. At the
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option of the CITY, PROVIDER may be provided with the opportunity to receive payment through
Direct Deposit.
5.5 Payment Rate. PROVIDER will be entitled to receive payment for eligible Program
Instructional Hours of service provided during the Term, to be paid at PROVIDER's regular rate
or $6.00 per hour, whichever is less, for up to 2.5 hours per day for 180 days, not to exceed
$$3,000.00 per applicable school year per participant child. Any discounts based on income or
other PROVIDER offerings available to the eligible participant will decrease the amount due from
the CITY, as applicable. If PROVIDER's tuition rate, as disclosed by the PROVIDER-participant
Agreement, exceeds the maximum CMB Program hourly rate of$6.00 per hour, the participant
parent/guardian is responsible for paying any additional sums due and owing PROVIDER.
5.6 No Advance Payment Option. PROVIDER understands that the CITY will not provide
any advanced payments and will reimburse PROVIDER as per Contract terms. Additionally,
PROVIDER shall not be permitted to charge the participants up front, pending receipt of the
reimbursement payment from the City for eligible Program Instructional Hours.
5.7 Overpayment. PROVIDER agrees that, if the end-of-year reconciliation of payments
reveals that PROVIDER received payments in excess of the amount owed to PROVIDER,
PROVIDER agrees to return to the CITY the funds it was overpaid. If PROVIDER fails to return
the funds it was overpaid, within ten (10) days from receipt of a written request from the CITY,
PROVIDER will be subject to collection efforts. Any outstanding sums owed to the CITY shall
accrue interest at the rate of 18% per annum until paid. Additionally, PROVIDER will not be
eligible to participate in any additional CITY sponsored PK Education Programs until the
overpayment has been paid to the CITY.
5.8 Closures. PROVIDER agrees no compensation will be provided during temporary
closures.
5.9 Child Participant DismissalNaluntary Withdrawal. In the event that a child participant
is dismissed or withdraws from PROVIDER's location("Unenrolled Participant"), funding for the
Unenrolled Participant shall terminate under this Contract. The unused portion of the approved
stipend will remain with the CITY for use by the Unenrolled Participant at a different provider
location or, at the CITY's option, for use by other approved participants. The Unenrolled
Participant may seek approval from the CITY to apply the balance of the approved stipend to PK
Education Program services with a different provider. PROVIDER shall provide the CITY with
notice of an Unenrolled Participant within seven (7)calendar days.
6. AUDITING AND INSPECTIONS
6.1 Upon reasonable verbal or written notice to PROVIDER, 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 designate 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 Contract.
PROVIDER shall maintain any and all such records at its place of business at the address set
forth in Subsection 1.1 of this Contract.
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6.2 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
PROVIDER, its officers, agents and employees, lobbyists, CITY staff and elected
officials to ensure compliance with the contract documents and to detect fraud and
corruption. Pursuant to Section 2-378 of the CITY Code, the CITY is allocating a
percentage of its overall annual contract expenditures to fund the activities and
operations of the Office of Inspector General.
c. Upon ten(10)days written notice to PROVIDER,PROVIDER 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 PROVIDER its
officers, agents and employees, lobbyists, CITY staff and elected officials to ensure
compliance with the contract documents and to detect fraud and corruption.
d. The Inspector General shall have the right to inspect and copy all documents and
records in PROVIDER'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.
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e. PROVIDER 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 Contract, for examination, audit, or reproduction, until three (3)
years after final payment under this Contract or for any longer period required by
statute or by other clauses of this Contract. In addition:
1. If this Contract is completely or partially terminated,PROVIDER shall make
available records relating to the work terminated until three (3)years after
any resulting final termination settlement;and
2. PROVIDER shall make available records relating to appeals or to litigation
or the settlement of claims arising under or relating to this Contract until
such appeals, litigation, or claims are finally resolved.
f. The provisions in this section shall apply to PROVIDER, its officers, agents,
employees, subcontractors and suppliers. PROVIDER shall incorporate the
provisions in this section in all subcontracts and all other agreements executed by
PROVIDER in connection with the performance of this Contract.
g. Nothing in this section shall impair any independent right to the CITY to conduct
audits or investigative activities.The provisions of this section are neither intended
nor shall they be construed to impose any liability on the CITY by PROVIDER or
third parties.
7. MAINTENANCE OF RECORDS, DATA,AND CONFIDENTIALITY
7.1 Record Confidentiality. PROVIDER agrees to protect the confidentiality of child and
family records, as required by applicable law.
7.2 Record Maintenance. PROVIDER agrees to maintain records, including enrollment
and attendance records for children funded by the CMB Program; and other fiscal records for
audit purposes fora period of five(5)years from the date of the last payment for that fiscal year
or until the resolution of any audit findings or any litigation related to this Contract, whichever
occurs last. PROVIDER may maintain records in an electronic medium and if PROVIDER does
so,then PROVIDER shall back up records on a regular basis to safeguard against loss.
8. PROVIDER'S COMPLIANCE WITH FLORIDA PUBLIC RECORDS LAW
8.1 PROVIDER shall comply with Florida Public Records law under Chapter 119, Florida
Statutes, as may be amended from time to time.
8.2 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
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transaction of official business of the CITY.
8.3 Pursuant to Section 119.0701 of the Florida Statutes, if PROVIDER meets the definition
of"Contractor" as defined in Section 119.0701(1)(a), PROVIDER shall:
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a. Keep and maintain public records required by the CITY to perform the service;
b. Upon request from the CITY's custodian of public records, provide the CITY with
a copy of the requested records or allow the records to be inspected or copied
within a reasonable time at a cost that does not exceed the cost provided in
Chapter 119, Florida Statutes or as otherwise provided by law;
c. 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 Contract if
PROVIDER does not transfer the records to the CITY;
d. Upon completion of the Contract,transfer,at no cost to the CITY,all public records
in possession of PROVIDER or keep and maintain public records required by the
CITY to perform the service. If PROVIDER transfers all public records to the CITY
upon completion of the Contract, PROVIDER shall destroy any duplicate public
records that are exempt or confidential and exempt from public records disclosure
requirements. If PROVIDER keeps and maintains public records upon completion
of the Contract, PROVIDER 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.
8.4 REQUEST FOR RECORDS;NONCOMPLIANCE.
a. 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 PROVIDER of the request,
and PROVIDER must provide the records to the CITY or allow the records to be
inspected or copied within a reasonable time.
b. PROVIDER's failure to comply with the CITY's request for records shall constitute
a breach of this Contract,and the CITY, at its sole discretion, may: (1) unilaterally
terminate the Contract;(2)avail itself of the remedies set forth under the Contract;
and/or(3)avail itself of any available remedies at law or in equity.
c. If PROVIDER fails to provide the public records to the CITY within a reasonable
time may be subject to penalties under s. 119.10.
8.5 CIVIL ACTION.
a. If a civil action is filed against PROVIDER to compel production of public records
relating to the CITY's contract for services, the court shall assess and award
against PROVIDER the reasonable costs of enforcement if:
1. The court determines that PROVIDER unlawfully refused to comply with the
public records request within a reasonable time; and
2. At least 8 business days before filing the action, the plaintiff provided written
notice of the public records request, including a statement that PROVIDER
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has not complied with the request, to the CITY and to PROVIDER.
b. A notice complies with subsection (a)(2) if it is sent to the CITY's custodian of
public records and to PROVIDER at PROVIDER's address listed on its contract
with the CITY or to PROVIDER'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.
c. If PROVIDER complies with a public records request within 8 business days after
the notice is sent is not liable for the reasonable costs of enforcement.
8.6 IF PROVIDER HAS QUESTIONS REGARDING THE APPLICATION
OF CHAPTER 119, FLORIDA STATUTES, TO PROVIDER'S DUTY
TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT,
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@MIAMIBEACHFL.GOV
PHONE: 305-673-7411
9. LIMITATION OF CITY'S LIABILITY
The CITY desires to enter into this Contract 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 Contract,so that its liability for any such breach never exceeds the sum of$$3,000.00,less
any payments received by PROVIDER during the Term. PROVIDER hereby expresses its
willingness to enter into this Contract with PROVIDER's recovery from the CITY for any damage
action for breach of contract to be limited to a maximum amount of$$3,000.00 less any payments
received by PROVIDER during the Term.
Accordingly,and notwithstanding any other term or condition of this Contract, PROVIDER hereby
agrees that the CITY shall not be liable to PROVIDER for damages in an amount in excess of
$$3,000.00, less any payments received by PROVIDER during the Term for any action or claim
for breach of contract arising out of the performance or non-performance of any obligations
imposed upon the CITY by this Contract.
Nothing contained in this section or elsewhere in this Contract is in any way intended to be a
waiver of the limitation placed upon the CITY's liability, as set forth in Section 768.28, Florida
Statutes.
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10. NONDISCRIMINATION
Discrimination Prohibited.
In connection with the performance of the services under this Contract, PROVIDER 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, with respect to a PROVIDER located within the limits of the City of Miami Beach,
Florida, PROVIDER 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.
11. TERMINATION AND NONCOMPLIANCE
11.1 Termination for Cause. PROVIDER agrees that the CITY,through its City Manager,
has the right to terminate this Contract for cause at any time.The following are grounds for
termination for cause:
a. Breach of Contract Provisions. The City of Miami Beach may terminate this
Contract upon PROVIDER failing to fulfill in a timely manner,or otherwise violates,
any of the covenants, agreements,or stipulations to this Contract.
b. Licensing; Health, Safety or Welfare.The CITY may immediately terminate this
Contract on an emergency basis upon: (a) a notification by the Department of
Children and Families(DCF)or local licensing agency or accreditation body actions
or inactions of a PROVIDER that pose an immediate and serious danger to the
health, safety, or welfare of children; (b) PROVIDER's action, or lack of action,
which threatens the health, safety or welfare of children; or (c) revocation of
PROVIDER's DCF license.
c. Fraud. The CITY may suspend or terminate PROVIDER from participation in the
CMB Program when it has reasonable cause to believe that PROVIDER has
committed fraud.
d. Notice of Termination/Partial Termination. The CITY may terminate this
Contract for cause by sending PROVIDER written notice of termination at least
twenty-four(24)hours prior to termination.The written notice must specifically state
the basis of the CITY's termination for cause. If PROVIDER has executed this
Contract on behalf of multiple locations and one or more of the locations is
terminated pursuant to this Section 11, then, at the sole discretion of the City
Manager, the CITY may terminate the entire Contract or chose to terminate a
specific location from the scope of the Contract.
11.2 Termination of Contract by PROVIDER. PROVIDER and the CITY may agree to
terminate this Contract by mutual consent. PROVIDER may NOT unilaterally terminate this
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Contract at will. Written notice of request to terminate must be given at least thirty (30)calendar
days before the termination date in order for the CITY to support the participant in making
alternative arrangements for uninterrupted services for children served under this Contract. If
sufficient notice of termination is not provided, the CITY may refuse to issue the final
reimbursement payment to PROVIDER.
12. NOTIFICATION
Information Change Notification. PROVIDER agrees that it will comply with each of the
following notification requirements:
a. Submitting documentation demonstrating temporary closure by the close of
business on the first day that a closing occurs and submitting documentation
demonstrating subsequent reopening within two(2)business days after reopening;
and
b. Providing notice and documentation specifying reasons for dismissal of a child
participant within seven (7)calendar days.
13. INDEMNIFICATION
Indemnification. PROVIDER shall be fully liable,for and indemnify, defend and hold harmless
the CITY and all of their officers, directors, agents, contractors, subcontractors and employees
from and against any and all third-party claims, suits, actions, damages,judgments and costs
that arise whether in law or in equity, from any of PROVIDER's agents, subcontractors or
employees' acts, actions, neglect or omission during the performance or operations under this
Contract or any subsequent modification thereof. This includes attorney's fees and costs.This
indemnification holds whether liability is direct or indirect and whether damage is to any person
or real or personal tangible or-intangible property. If PROVIDER is a state agency or a
subdivision thereof,as defined in Section 768.28(2), Florida Statutes this section is limited to the
extent permitted by Section 768.28, Florida Statutes.
14. MISCELLANEOUS PROVISIONS
14.1 Counterparts;Electronic Signatures. This Contract and any amendments hereto may
be executed in counterparts, each of which shall be an original as against either Party whose
signature appears thereon, but all of which taken together shall constitute but one and the same
instrument. An executed facsimile or electronic scanned signed copy of this Contract shall have
the same force and effect as an original. The parties shall be entitled to sign and transmit an
electronic signature on this Contract (whether by facsimile, PDF or other email transmission),
which signature shall be binding on the party whose name is contained therein. Any party
providing an electronic signature agrees to promptly execute and deliver to the other parties an
original signed Contract upon request.
14.2 Severability. If any provision of this Contract is held to be unenforceable by a court of
competent jurisdiction,the remaining terms and conditions remain in full force and effect.
14.3 Amendments. Only authorized attachments, amendments, or supplements to this
Contract, executed by the parties, are authorized or permitted including those specifically
incorporated by reference in this Contract.
CMB Program 23-24 CITY OF MIAMI BEACH
(Updated May 31, 2022) Prekindergarten Program Provider Contract
DocuSign Envelope ID:5C229DD5-8D2F-48DA-8CF0-2BC7A3875D0B
13
14.4 Applicable Law. In its performance of the CMB Program services under the Contract,
PROVIDER 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.
14.5 Not Transferrable. This Contract is not transferrable or assignable to another entity. A
change in ownership of PROVIDER requires execution of a new contract. In the event of a change
of ownership, sale, sale of assets, conveyance of ownership or other transfer of ownership
interest, PROVIDER shall notify the CITY no later than 30 calendar days prior to the transfer of
ownership.
14.6 Litigation and Venue.The CITY and PROVIDER agree that any litigation related
to this Contract which is brought by the CITY or PROVIDER will be brought in Miami-Dade
County.
15. E-VERIFY
15.1 PROVIDER 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, PROVIDER 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
Contract. Additionally, PROVIDER shall expressly require any subcontractor performing work or
providing services pursuant to the Contract 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 PROVIDER enters into a contract with an approved
subcontractor, the subcontractor must provide PROVIDER with an affidavit stating that the
subcontractor does not employ, contract with, or subcontract with an unauthorized
alien. PROVIDER shall maintain a copy of such affidavit for the duration of the subcontract or
such other extended period as may be required under this Contract.
15.2 Termination Rights.
a. If the CITY has a good faith belief that PROVIDER has knowingly violated Section
448.09(1), Florida Statutes,the CITY shall terminate this Contract with PROVIDER
for cause,and the CITY shall thereafter have or owe no further obligation or liability
to PROVIDER.
b. If the CITY has a good faith belief that a subcontractor has knowingly violated the
foregoing Subsection 15.1, but PROVIDER otherwise complied with such
subsection, the City will promptly notify PROVIDER and order PROVIDER to
immediately terminate the agreement with the subcontractor. PROVIDER's failure
to terminate a subcontractor shall be an event of default under this Contract,
entitling the CITY to terminate PROVIDER's Contract for cause.
c. A contract terminated under the foregoing Subsection 15.2(a) or 15.2(b) is not in
breach of contract and may not be considered as such.
d. The CITY or PROVIDER or a subcontractor may file an action with the Circuit or
County Court to challenge a termination under the foregoing Subsection 15.2(a)or
15.2(b) no later than 20 calendar days after the date on which the contract was
terminated.
CMB Program 23-24 CITY OF MIAMI BEACH
(Updated May 31, 2022) Prekindergarten Program Provider Contract
DocuSign Envelope ID:5C229DD5-8D2F-48DA-8CF0-2BC7A3875D0B
14
e. If the CITY terminates the Contract with PROVIDER under the foregoing
Subsection 15.2(a), PROVIDER may not be awarded a public contract for at least
1 year after the date of termination of this Contract.
f. PROVIDER is liable for any additional costs incurred by the CITY as a result of the
termination of this Contract under this Section 15.
16. EXECUTION OF CONTRACT
PROVIDER has caused this Contract to be executed as of the date set forth in Subsection 1.1.
By signing below, PROVIDER hereby certifies that PROVIDER has read and understood this
Contract. PROVIDER certifies that all information provided is true and correct and agrees that
noncompliance with the requirements of the CMB Program, which include the requirements of
this Contract, and all Exhibits and authorized attachments, shall result in withholding of funds,or
termination of this Contract at the discretion of the CITY. •
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK
CMB Program 23-24 CITY OF MIAMI BEACH
(Updated May 31, 2022) Prekindergarten Program ProviderContract
.
DocuSign Envelope ID:5C229DD5-8D2F-48DA-8CF0-2BC7A3875D0B
15
Warranty of Authority. Each person signing this contract warrants that he or she is duly
authorized to do so and to bind the respective party to the contract.
EVRielitp.ViDER:DocuSigned by.
A5441E148BAF424...
Vivian Lopez
Signature of PresidentNice President/ Print Name
Secretary/OfficerlOwner/Principallor Other Print Email vivischitdcare@yahoo.com
Authorized Representative
bllBy Electronic Signature 12/27/2022 1 9:11 AM EST
President
LJ
dolthned by. Date
A5441E148BAF424... Isonely Olivia
PROVIDER's Additional Signatory Print Name vivischildcare@yahoo.com
(if required by PROVIDER) Print Email
@By Electronic Signature
12/29/2022 1 9:00 AM EST
Director
Title Date
PROVIDER's Additional Signatory Print Name
(if required by PROVIDER) Print Email
®By Electronic Signature
Title Date
FOR CITY OF MIAMI BEACH, FLORIDA:
P"--2141
„—D3 li w Alina T. Hudak
Signature of ALthnriaet Y Print Name
Representative
®By Electronic Signature
APPROVED AS TO
City Manager January 5, 2023 FORM & LANGUAGE
Date &FOR EXECUTION
Title
)-1P'44*— (131\0LZ
-1 City Attorney wt Date
CMB Program 23-24 CITY OF MIAMI BEACH
(Updated May 31,2022) Prekindergarten Program Provider Contract
DocuSign Envelope ID:5C229DD5-8D2F-48DA-8CF0-2BC7A3875D0B
16
EXHIBIT 1
PROVIDER LOCATION LIST
• Provider Legal Name: Vivi's Child Care Inc.
'dolma business asl: Vivi's Child Care
If PROVIDER is executing this Contract on behalf of one physical location, mark this
Exhibit"Not Applicable"in the box below.
® Not Applicable
If PROVIDER is a school district executing a single Contract on behalf of multiple public
school PK Education Program providers or if PROVIDER is executing a single Contract on
behalf of multiple private PK Education Program sites, PROVIDER shall complete a Provider
Location List in a table format with the following columns:
a. Location Legal Name
b. Doing Business as Name(if applicable)
c. Physical Address
d. Employer Identification Number(EIN)
e. Department of Children and Families Number(DCF)
f. School Year(Y/N)
g. Official Use Only(for CITY use)
DocuSign Envelope ID:5C229DD5-8D2F-48DA-8CF0-2BC7A3875DDB
RESOLUTION NO. 2021-31962
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
• CITY OF MIAMI BEACH; FLORIDA, ESTABLISHING A PERMANENT
EARLY CHILDCARE PREKINDERGARTEN PROGRAM ("PROGRAM")
FOR MIAMI BEACH RESIDENTS, SUBJECT TO FUNDING
APPROPRIATION AND APPROVAL BY THE CITY COMMISSION
DURING THE BUDGETARY PROCESS FOR EACH FISCAL YEAR;
INCREASING FUNDING FOR THE PROGRAM,IN AN AMOUNT NOT TO
EXCEED $475,000, ANNUALLY, WITH $3,000 PER CHILD
COMMENCING AS OF THE 2023-24 SCHOOL YEAR;AND FURTHER,
AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE
ANY REQUIRED AGREEMENTS AND DOCUMENTS TO IMPLEMENT
THE PROGRAM.
WHEREAS, on December 9, 2015, the City Commission passed and adopted
Resolution No.2015-29222,authorizing the City Manager to negotiate an agreement(the
"Agreement")with Miami-Dade County Public Schools("M-DCPS"),for the City to provide
funding to M-DCPS for one prekindergarten classroom ("VPK") at each of the following
schools: Biscayne Beach Elementary School and Miami Beach Fienberg/Fisher K-8(the
"CMB VPK classrooms");and
WHEREAS, CMB and M-DCPS executed the Agreement, dated February 10,
2016; and
WHEREAS, the prekindergarten services offered at Biscayne Elementary School
and Fienberg/Fisher K-8 Center, under the terms of the Agreement, served the City of
Miami Beach resident children from the following four targeted schools: Biscayne Beach
Elementary School, Miami Beach Fienberg/Fisher K-8, North Beach Elementary School,
and Miami Beach South Pointe Elementary School,following the Registration and Lottery
Procedures for school years 2016/17, 2017/18, and 2018/19;and
WHEREAS, at the January 15, 2020 City Commission meeting, a referral was
made to the Finance and Economic Resiliency Committee("FERC")to discuss the funding
of an Early Childcare Pilot Program; and •
WHEREAS, at its July 17, 2020 meeting, FERC recommended to fund an Early
Childcare Pilot Program for implementation in the 2021-2022 school year,with funding in.
the amount of$250,000 to be allocated from Fiscal Year 2022; and
••
WHEREAS, the details of FERC's recommendation for the Early Childcare Pilot
Program are outlined as follows:
1. Eligibility requirements for all Miami Beach child applicants and Miami Beach
partner childcare providers:
a. Child must be 4 years old on or before September 1 of enrollment
• school year to enroll;
b. Child's parent/legal guardian must be a resident of the City of Miami
Beach upon submission of application and throughout the year of
program participation 2021-2022.
2. Eligibility requirements for all partner childcare providers:
DocuSign Envelope ID:5C229DD5-8D2F-48DA-8CF0-2BC7A3875DOB
Early childcare center must meet Florida Statutes applicable sections to be
eligible to offer prekindergarten as a public school provider, nonpublic school
provider or faith-based provider.
1. Be licensed as a childcare facility under s.402.305, F.S., family day care
home under s. 402.313, F.S., or large family childcare facility under
s.402.313, F.S.; or
2. Be licensed exempt under s. 402.3025(2), F.S. (nonpublic schools) or s.
402.316,F.S.(for faith-based providers),and
a. Hold a Gold Seal Quality Care designation under s.402.281, F.S,;
b. Each agency must apply for Gold Seal with Department of Children
• and Families;
c. Or be accredited by an accrediting association that is a member of
i. National Council for Private School Accreditation
ii. The Florida Association of Academic Nonpublic Schools
3. The requested funding in the amount of$250,000 for prekindergarten stipend will
be distributed as follows:$250,000 funds will be available to eligible applicants and
equally apportioned among eligible children in an amount not to exceed $2,700
per child,for maximum hourly rate of$6.00 per hour, up to 2.5 hours for 180 days;
and
WHEREAS,on July 29,2020,the Mayor and City commission adopted Resolution
No.2020-31375,authorizing a Prekindergarten Pilot Program for the 2021-22 school year;
and
WHEREAS, on January 5, 2021, the City conducted a computerized lottery to
determine the order in which applicants would be screened to determine eligibility based
on residency status of the primary parent/guardian and age of the applicant child;and
WHEREAS, as of May 3, 20.21,agreements have been executed with fifteen(15)
Prekindergarten providers to partner with the City to expand PreK access to Miami Beach
families during the 2021-22 school year; and
WHEREAS,at the March 17,2021 City Commission meeting,a referral was made
to FERC to discuss the extension of the funding for the Early Childcare Prekindergarten
Pilot Program to the 2022-23 school year; and
WHEREAS, on April 30, 2021, FERC members voted unanimously to support the
extension of the City's Prekindergarten Pilot Program for the 2022-23 school year, at an
amount of$250,000,for approximately 92 Miami Beach youth, at$2,700 per child for 180
days of service at$6.00 per hour for an additional 2.5 hours a day; and
WHEREAS,on May 12,2021,the Mayor and City Commission adopted Resolution
2021-31712,accepting FERC's recommendation and extending the Prekindergarten Pilot
Program and its funding for the 2022-2023 school year;and
WHEREAS, in the Letter to Commission (LTC #488-2021) dated November 9,
2021, City Manager Aline Hudak provided an update on the status of the Pilot Program,
with 77 Prekindergarten youth currently participating; and
2
DocuSign Envelope ID:5C229DD5-8D2F-48DA-8CF0-2BC7A3875D0B
WHEREAS, access to Prekindergarten programs allows children to build a strong
foundation in social, pre-academic, and general life skills that will give them an advantage
in school and beyond;and
WHEREAS, research shows that children who graduate from preschool have
improved academic readiness, lower incarceration rates, and higher earnings; and
WHEREAS, making the Prekindergarten Pilot Program a permanent, annual
program, and increasing funding at $3,000 per child, in a total amount not to exceed
$475,000 per school year, would benefit many•Miami Beach families and ensure that
children of all socioeconomic and racial backgrounds will have the opportunity to attend
well-designed, high-quality preschool.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby establish a permanent Early Childcare Prekindergarten Program
("Program")for Miami Beach residents, subject to funding appropriation and approval by
the City Commission during the budgetary process for each fiscal year; increase funding
for the Program, in an amount not to exceed $475,000, annually, with $3,000 per child •
commencing as of the 2023-24 school year;and further,authorize the City Manager and
City Clerk to execute any required agreements and documents to implement the Program.
PASSED and ADOPTED this S day of QQCembec , 2021.
ATTEST: „;B .
IN o DI Dan Gelber, Mayor
afael E. Granado, City Cletle`' DEC 1 3 2021
(sponsored by Commissioner Mark Samuelian)
APPROVED AS TO
'FORM&LANGUAGE
•
•
&FOR EXECUTION
I 1-1-9_Zi
City Attorney, Date
3
DocuSign Envelope ID:5C229DD5-8D2F-48DA-8CF0-2BC7A3875D0B
Resolutions-R7 U.
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Rafael A. Paz,City Attorney
DATE: December 8,2021 •
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, ESTABLISHING A PERMANENT EARLY •
CHILDCARE PREKINDERGARTEN PROGRAM ("PROGRAM") FOR MIAMI
BEACH RESIDENTS, SUBJECT TO FUNDING APPROPRIATION AND
APPROVAL BY THE CITY COMMISSION DURING THE BUDGETARY
PROCESS FOR EACH FISCAL YEAR;.INCREASING FUNDING FOR THE
PROGRAM, IN AN AMOUNT NOT TO EXCEED $475,000,ANNUALLY, WITH
$3,000 PER CHILD COMMENCING AS OF THE 2023-24 SCHOOL YEAR;
AND FURTHER, AUTHORIZING THE CITY MANAGER AND CITY CLERK
TO EXECUTE ANY REQUIRED AGREEMENTS AND DOCUMENTS TO
IMPLEMENT THE PROGRAM.
ANALYSIS .
Pursuant to the request of Commissioner Mark Samuelian, the above-referenced Resolution is
submitted for consideration by the Mayor and City Commission at the December 8, 2021
Commission meeting.
SUPPORTING SURVEY DATA
N/A
Applicable Area
Citywide
Is this a"Residents Right Does this item utilize G.O.
to Know" item.pursuant to Bond Funds?
City Code Section 2-14?
Yes No
Legislative Tracking
Office of the CityAttomey
Sponsor
Commissioner Mark Samuelian
Page 1146 of 1357
DocuSign Envelope ID:5C229DD5-8D2F-48DA-8CF0-2BC7A3875D0B
ATTACHMENTS:
Description
❑ Resolution
Page 1147 of 1357
DocuSign Envelope ID:5C229DD5-8132F-48DA-8CF0-2BC7A3875D0B
•
MIAMI BEACH .
Contract/Document.Routing Form
Contract No. 'Title
2023-24 School Year Prekindergarten Program Provider Contract
Contralto, Re.uestin: De•artme t
Vivi'S Child Care Inc. ORGANIZATIONAL DEVELOPMENT
;se aartnient,Director N• PITAV ,74 „ ACM•Name&Si:nature
DR.LESLIE ROSENFELD t,s(ii✓ osf J4 fj f.4 TAMEKA OTTO STEWART
"-3ADAA049EF4F483... �" •
Dacu enfT O. Select e
Type 1—Contract,amendment,change order or task order resulting from a procurement-issued competitive solicitation.
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
X Type 5—Grant agreements with the City as the grantor Other:
aBriefi urnria"' &Par;ose attach memo ifiatldttionals.ace)srrrecessa ' • ' , ,
The Prekindergarten Program for the 2023-24 school year will expand hourly access to high-quality PreK providers by
providing up to$3,000 to eligible Miami Beach families..On July 29,2020,the Mayor and City Commission adopted Reso
2020-31375,authorizing a PreK Pilot Program for the 2021-22 school year.On May 12,2021,Reso 2021-31712 was adopted,
extending the PreK Pilot Program for the 2022-23 school year. At the December 2021 commission meeting,Reso 2021-
31962 was adopted,approving the program as a permanent,annual program,in an amount not to exceed$475,000
annually with$3,000 per child. This PreK provider agreement is for the provider listed above as contractor to partner
with the City of Miami Beach's PreK scholarship program for the 2023-24 school year.Any accredited PreK agency may apply
to be a provider by completing the application linked on the City'.s website.Families who are eligible for the City's PreK
scholarship may use their PreK stipend at an approved provider. Resolution 2021-31962 authorizes the City Manager and
City Clerk to execute any required agreements and documents to implement the Program.
-Orr: 1.1*'>' .ha ` °ReneviaLPerioiis?-a '`' Total Tent')."Or!:TnaF Renewals
1 YEAR 0 1 YEAR
.`z ,;. z;, *At: ,101,e'!Fundint.I formation:. <°? r . .: , r#,x
Grant Funded: I Yes I X I No I State Federal Other:
;e y , ., _ . .'•Cost&'!Fundin:,Sour'ee .. ,'•.-- ..h <,
Years '*Annual'Cost r ,•• • ate.ulceiEnhancement
1 $3,000 011-0332-000343-16-400-582-00-00-00 Yes No
2 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.
{ • ? s ;,fat:_:... r+' "�" .+, 'rioC�'" "f' �fi .:.:.Eta' >;tti7 ':T'a". �3;.
,� caucuu�a. fdIIY�z�FFssr•i. Saari
City Commission Approved: X Yes No Resolution No.: CC Agenda Item No.: CC Meeting Date: •
2021-31962 R7U Dec 8,2021
If no,explain why CC approval is not required:
_egal Form Approved: X I Yes No If no,explain below why form approval is not necessary:
• 71.. a .3= 4am Do gi =' •:ova s •ea •chei ".". ,..
•
Procurement: r. Grants: NA
N!�
Budget: .'_wd ro Information Technology: NA
sop B4A61 Ee 463 1
Risk Management: Npt( ,. V j (Jt t( -' Freet&Facilities: NA
Human Resources: "NA794E8689AC564D2... Othcr: NA