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Amendment NO.1 to the Agreement between CMB & Young Music Unite INC. DocuSign Envelope ID:4665DC97-9589-4788-AEF8-E9231B2B5525 2 c 2. - Z / DocuSign Envelope ID:3C24230E-344F-40E1-BA77-2D25A3F74FA1 �U ( AMENDMENT NO.1 TO THE AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND YOUNG MUSICIANS UNITE INC. FOR AFTERSCHOOL ENRICHMENT SERVICES This Amendment No, 1 (Amendment)to the Agreement(the "Agreement")dated September 26, 2023, by and between the City of Miami Beach, Florida, a municipal corporation organized and existing under the laws of the State of Florida, having its principal place of business at 1700 Convention Center Drive, Miami Beach, Florida 33139 (City), and Young Musicians Unite Inc., a Florida Not For Profit Corporation, having its principal place of business 1260 NW 29 Street#103, Miami Beach, FL 33143, is entered into this day of February 2024(Effective Date):2/12/2024 I 9:17 AM RECITALS WHEREAS, on September 26, 2023, the City and Young Musicians Unite Inc. executed the Agreement to provide After-School Enrichment services to Miami Beach Fienberg Fisher K-8 and Biscayne Beach Elementary School ("CMB Program Schools"), as set forth in Exhibits "A"through of the Agreement; and WHEREAS, in consideration of the Services to be provided pursuant to the Agreement, the City and CMB Program Schools would like to extend programming into the Spring 2024 semester to provide additional programming, if twenty or more students register for the course by February 21, 2024; and NOW THEREFORE, in consideration of the mutual promises and conditions contained herein, and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the City and Young Musicians Unite Inc. hereby agree to amend the Agreement as follows: 1. ABOVE RECITALS. The above recitals are true and correct and are incorporated as part of this Amendment. 2. MODIFICATIONS. The Agreement is hereby modified (deleted items struck-thigh and inserted items underlined) as follows: (a) The first full paragraph of ARTICLE 3 (SPECIAL CONDITIONS), Section 3.03 (Join Responsibility), Bullet "A" (FEE) is deleted in its entirety and replaced with the following: Fee: The fee shall be$5,886.70 per semester(for 10 weeks), for a total of one semester(which totals 10 interactions)for a total amount not to exceed $5,886.70 (the "Fee") for up to 30 students per curriculum inclusive of all locations. The class size will be no more than 30 students per class. A minimum of 15 students must be registered and attending the class for the Spring 2024 semester. The deadline for enrollment is three weeks after the start date of the program on February 21, 2024. The City shall pay 50% of DocuSign Envelope ID:4665DC97-9589-4788-AEF8-E9231B2B5525 DocuSign Envelope ID:3C24230E-344F-40E 1-BA77-2D25A3F74FA1 the Fee in the amount of $2,943.35 within145) days from the Effective Date of the Agreement and receipt of an invoice with supporting documentation from YOUNG MUSICIANS UNITE, INC. The remainder of the Fee, in the amount of $2,943.35, will be paid upon completion of the Program. Pricing is listed for ten curriculum modules, conducted each week (one hour each interaction day)for one semester(10 weeks). It is inclusive of all staff time, use of the curriculum, materials, and mileage. (b) Exhibit "A"to the Agreement is deleted in its entirety and replaced with the attached Amended Exhibit "A". 3. RATIFICATION. Except as amended herein, all other terms and conditions of the Agreement shall remain unchanged and in full force and effect. In the event there is a conflict between the provisions of this Amendment and the Agreement, the provisions of this Amendment shall govern. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by the respective officials thereunto duly authorized, this date and year first above written. FOR CITY: CITY OF MIAMI BEACH, FLORIDA ATTEST: c—DocuSigned by: oS By: Aros � F:BAB8BQBrg5F4 ierk ��/ City Manager 2/12/2024 1 9:17 AM EST Date: APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION 9 ( ..— 0210 S it City Attorney -.. Date DocuSign Envelope ID:4665DC97-9589-4788-AEF8-E9231B2B5525 DocuSign Envelope ID.3C24230E-344F-40E1-BA77-2D25A3F74FA1 FOR THE REPRESENTATIVES OF YOUNG MUSICIANS UNITE, INC.: (Corporate Seal) THE REPRESENTATIVES OF YOUNG MUSICIANS UNITE. INC., MIAMI, FLORIDA: pDocuSpned by . By: S �� GeW�jaLtiij Sarrtmy Soar z CEO / Founder Date: 2/6/2024 110:14 AM PST ATTEST: DocuSigned by By: (ULw,ic. .42 Me .eoGr ald CFO Date: 2/6/2024 1 1:41 PM EST DocuSign Envelope ID:4665DC97-9589-4788-AEF8-E9231B2B5525 DocuSign Envelope ID:3C24230E-344F-40E1-BA77-2D25A3F74FA1 Exhibit A: Scope of Program DETAILED OVERVIEW(Attached Separately—Exhibit B) Grade Levels: 6-8th Schedule: Wednesdays, 2:05—3:05 Fall 2023 Semester Dates: October 3, 2023—December 14, 2023 Spring 2024 Semester Dates: February 6, 2024--April 18, 2024 *Each Semester is 10 weeks/1 Day a Week Interaction Themes: YMU's arts-based STEAM curriculum captures students'attention, making STEM learning more attractive for them because they are inherently drawn to learning the artistic side of these concepts. This unique approach makes it easy for students and schools alike to say"yes"to STEAM, as the schools witness students' increased interest inSTEAM subjects and improved attendance for these classes, and students get to experience and build what gives them "bragging rights"with their peers. Through its STEAM curriculum, YMU unlocks access for its partner schools to the rigor of an MDCPS-approved STEAM curriculum and places them on the path toward achieving STEAM designation, a"carrot"that helps them attract and retain students, teachers, and additional funding. Since 2018, YMU has grown this program's reach from 80 to 300 students, 4 to 8 schools, 8 of which have achieved STEAM designation, including 6 at Gold level. Week 1: ACOUSTIC SOUND AMPLIFICATION Week 2: BUILD YOUR OWN ACOUSTIC AMPLIFIER Week 3: MARKET YOUR PRODUCT Week 4: BUILD YOUR OWN BLUETOOTH SPEAKER Week 5: BUILD A ONE-STRING INSTRUMENT Week 6 IDENTIFYING THE FREQUENCY Week 7: MIXING YOUR OWN SONG Week 8: PYRAMID OF SOUND Week 9: VOLUMES OF WATER Week 10: 3-PITCH PAN FLUTE Contact: Pedro Diaz CPO programs@youngmusiciansunite.orq DocuSign Envelope ID:4665DC97-9589-4788-AEF8-E9231B2B5525 DocuSign Envelope ID 3C24230E-344F-40E1-BA77-2D25A3F74FA1 Exhibit A: Scope of Program(Spring Budget) IkOa.vrallm rim: roseq AW.ans',JAW.Inc 10 Interactions 0001asea Amount afptytlalfMlakdnta InlnusrSaYyMO Pricer*Aannsaaem f9t0 Ewe ptieam see bIceHonity overseen b0ou MOW)Snow eta e4IbeOr*di.a4ct tor ns moo...1.wa9onal winged ey our MOUT bootee.These are People m ow pow po.»p Amami'swarm to as ttamera rcl*man thy our potrann an;-HnM a*eigtarNry Runts.prevbrlPsaa DM)$4G.W•I 0ueao!Pedro R 0 resets.avenge d I t notes Per twee•laPr+•01•$000 p $1+eaa.tOwws.arenprdanosn per r.eel:SPmOr•St.000 II W .M/SYin.d Pinto.*MIDI 51.000 'Arum 9tudtFenton Faber'Soma)•$100:dass A.10lows 51.000 'Marc Program Trusty Towers Au 0 0atnd n STEAMpo€ a 0 set kr swam Ia moves;thee Woman ref lesson Orb That Tarory SI:00 iSprr0i 'Mt somereskri0 nosesdte:rw oaut*t per WOW at uvnotr.I Woos*,•51S0sa TenAKAYS•Sir$0.$I.200 kr Zsd.OmerI[OO)a cosmic dr training Conraclec Kwrde Amos rees/semws S,.500 M11eM1LY Stg7 Toot o tared tpaler ale ale An opeamns.Sing passe SiobW+muMws 0 Gonsuna0e S Vicense Foes tam software.!mats menus.copr*0'eeo a.moNani rota Expenses 4 O.MCTO t DocuSign Envelope ID:4665DC97-9589-4788-AEF8-E9231B2B5525 DocuSign Envelope ID:3C24230E-344F-40E 1-BA77-2025A3F74FA1 Exhibit A: Scope of Program MIAMI-DADE COUNTY PUBLIC SCHOOLS rr: 2023-2024 SCHOOL CALENDAR . - 1r'`' ELEMENTARY AND SECONDARY '� JULY 2023 AUGUST 2023 SEPTEMBER 2023 ©1101©1111111;11 ©111M©0© ©0©U1U ©I!ail©111310 w0©©0 —111111•1111110 10 im ®min rzawaramitIVM D-,77'©113111QO DQiCI 20 ® um cam) 0 m®tEI I 0®0®0 ®®®IEM® 18 110 20 ®® ®111MINIIIIIM11111 28 0 30 ®_ [mi0m 28 0 OCTOBER 2023 NOVEMBER 2023 DECEMBER 2023 o©©o ©o©o© ©o©o© ©©o©o __0©© 1111111111111111=0 10 0®® 0000 : 0©OQ 8 11111111111EVIKEll 20 ®m®ELllm 0®®E011101 ®m® R 40=40.�R. .1,_ ; . 11111111110 20 11111E1ii ®11•1111111111111 30 Eli JANUARY 2024 FEBRUARY 2024 MARCH 2024 MI MINIM ©0©0SA ©©©0RI 11101111111_0© 1111-11111111111•0 00 10 m® 1011131111111:1111E1 0©000 ::'1mm car mmm®m mmmm® ®m®0 ' 9,= 20 mmm OD 20 ®M • 30 ®mmil 26 ® 28 min APRIL 2024 MAY 2024 JUNE 2024 ©O©01/111 ©0©0© © iui UW EI ��0©© ©o© Ma 0 CEI'W� ® 101OOm 10 1131=11171111231111 ® 16 ® 18 0 ®i0®i0i0 mi111T1. 20 11111 mmm®0 20 mmmm 0® 26 ®0 ® 30 =00 ; SOD 30 ® 00000 ow Taachora ROPn+t .Recoss D.y DAYS IN GRADING PERIOD 4IMITaschor Planning Doy 6og1End of Grading Porlod 1 49 Dlatr lei wlda Profosslonsl Dovolopo ont Day a.;Logo Hotbay 2-41 ' ,logal Holiday'ill month) available to opl 3-50 ►=.Rocoas Day(10 montn) Toachor Planning Day availatsio to opt 4_40 For information on employee opt days,please refer to the back of calendar. DocuSign Envelope ID:4665DC97-9589-4788-AEF8-E9231B2B5525 DocuSign Envelope ID:3C24230E-344F-40E1-BA77-2025A3F74FA1 DocuSign Envelope ID:F1C369BF-883B-405F-8E58-2980148C9B3E AGREEMENT THIS AGREEMENT is made and entered into as of this 9/26/2023 2th3 B{ e fective 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 YOUNG MUSICIANS UNITE,INC. a Florida Not For Profit Corporation whose principal place of business is 1260 NW 29th Street#103,MIAMI Beach,FL 33142 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 YOUNG MUSICIANS UNITE, INC, CMB seeks to combine its resources with YOUNG MUSICIANS UNITE,INC 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 2023-2024 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: DocuSign Envelope ID:4665DC97-9589-4788-AEF8-E9231 B2B5525 DocuSign Envelope ID:3C24230E-344F-40E1-BA77-2D25A3F74FA1 DocuSign Envelope ID:F1C3698F-883B-405F-9E5B-2980148C983E ARTICLE 1—RECITALS 1.01 Recitals. CMB and YOUNG MUSICIANS UNITE,INC(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 Education Officer: As referred to herein, the Chief Education Officer shall be defined as the Chief Education Officer who is employed by CMB and responsible for the administration of this Agreement on behalf of CMB. 2.02 YOUNG MUSICIANS UNITE,INC Educator(s): As referred to herein, the YOUNG MUSICIANS UNITE,INC.educator(s)shall be defined as a full-tune or part-time member of the staff of YOUNG MUSICIANS UNITE,INC.. ARTICLE 3—SPECIAL CONDITIONS 3.01 Term of A,reement. The term of this Agreement shall be effective from October 1,2023 through April 18, 2024,unless terminated earlier pursuant to Section 3.02 below. Programming under this Agreement shall not commence until the City of Miami Beach and Miami-Dade County Schools execute an affiliation agreement for Afterschool Enrichment Program for the 2023-2024 academic school year.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 YOUNG MUSICIANS UNITE, INC. shall maintain responsibility for implementing the various components of the Program, as delineated in this Agreement 2 DocuSign Envelope ID 4665DC97-9589-4788-AEF8-E9231B2B5525 DocuSign Envelope ID:3C24230E-344F-40E1-BA77-2D25A3F74FA1 DocuSign Envelope ID:F1C369BF-883B-405E-9E5B-2980148C983E A. For the Program,YOUNG MUSICIANS UNITE, INC.serves as the"lead"organization for afterschool STEM classes at the CMB Program Schools. As the Iead organization,YOUNG MUSICIANS UNITE,INC.is responsible for the following: 1. Requirements and Regulations:ensuring that the Program activities and supplies arc in compliance with this Agreement. 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.). YOUNG MUSICIANS UNITE, INC. will work in collaboration with CMB to jointly plan exposure opportunities and events, but YOUNG MUSICIANS UNIJ±, INC.retains the right of final approval and confirmation of all Program class content and delivery.Prior to classes commencing,YOUNG MUSICIANS UNITE,INC.will provide CMB with the syllabus for the Program classes. B. AlI Program support shall be provided by YOUNG MUSICIANS UNITE, INC. 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$9,680 per semester(for 10 weeks), for a total of one semester of ten (10) modules for a total amount not to exceed S9,680(the"Fee")for up to 30 students per curriculum inclusive of all locations.The class size will be no more than 30 students per class. Total of 30 students each semester. The City shall pay 50%of the Fee in the amount of S4,840, within(45) days from the Effective Date of the Agreement and receipt of an invoice from YOUNG MUSICIANS UNITE,INC. The remainder of the Fee,in the amount of S4,840,will be paid upon completion of the Program.Pricing is listed for ten curriculum modules conducted each week(one hour each day)for one semesters(10 weeks).It is inclusive of all staff time,use of the curriculum, materials,and mileage. C. Teaching Staff:The responsibilities of YOUNG MUSICIANS UNITE, INC.and CMB with respect to the YOUNG MUSICIANS UNITE,INC.Educators will be as follows: 1. YOUNG MUSICIANS UNITE, INC. will be responsible for the development and implementation of staff recruitment, training, and placement YOUNG MUSICIANS UNITE, INC. full-time and part-time Educators are eligible to apply. YOUNG 3 DocuSign Envelope ID:4665DC97-9589-4788-AEF8-E9231 B2B5525 DocuSlgn Envelope ID:3C24230E-344F-40E1-BA77-2D25A3F74FA1 DocuSlgn Envelope ID:FiC3698F-883B-405F-9E5B 2980148C983E MUSICIANS UNITE, INC. will hold weekly meetings with YOUNG MUSICIANS UNITE, INC. Educators. Weekly conference calls will follow with the Chief Education Officer. 2. The Chief Education Officer,at the Chief Education Officer's sole discretion,may request that any YOUNG MUSICIANS UNITE, INC.Educator be removed from participating in the Program,upon written notice to YOUNG MUSICIANS UNITE, INC.,effective as of the date provided in the written notice. If CMB requests that YOUNG MUSICIANS UNITE, INC. replaces the removed YOUNG MUSICIANS UNITE, INC. Educator, YOUNG MUSICIANS UNITT , INC. agrees to secure a replacement YOUNG MUSICIANS UNITE,INC.Educator for the Program. 3. YOUNG MUSICIANS UNITE, INC. staff will escort pre-registered students from the designated after-care Iocation to the applicable space used for the Program. Upon completion of the one-hour Program,YOUNG MUSICIANS UNITE,INC.staff will escort such students back to the designated after-care location.CMB shall be responsible for all students once YOUNG MUSICIANS UNITE, INC. staff has escorted the pre-registered students to the designated after-care location. Parents shall be advised by CMB of the foregoing arrangements.YOUNG MUSICIANS UNITE,INC.will not be responsible for releasing children to parents. D. Impact Evaluation: YOUNG MUSICIANS UNITE, INC. will be responsible for the administration, analysis, and delivery of impact evaluation efforts including participant, teacher,and parent assessment.YOUNG MUSICIANS UNITE, INC.will provide CMB with an impact report at the conclusion of each semester(Fall and Spring).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. 4 DocuSign Envelope ID:4665DC97-9589-4788-AEF8-E9231B2B5525 DocuSign Envelope ID:3C24230E-344F-40E1-13A77-2025A3F74FA1 DocuSign Envelope ID:F1C3698F-88313405F-9E5B-2980148C983E CMB requires that the YOUNG MUSICIANS UNITE, INC. 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)YOUNG MUSICIANS UNITE,INC. Educators for the duration of the 20 week Program.Classroom space must be pre-approved by YOUNG MUSICIANS UNITE,INC.,and include windows,desk space,chairs(either one large table or portable desks), a whiteboard, and interne access. In the event that courses need to pivot to Virtual,then YOUNG MUSICIANS UNITE, INC. 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 YOUNG MUSICIANS UNITE,INC. 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 YOUNG MUSICIANS UNITE,INC. 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 YOUNG MUSICIANS UN1 h, INC.Educators. If applicable, YOUNG MUSICIANS UNITE, INC. Educators will follow MDCPS protocol for virtual Iearning 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 sixty(60) Program students and two(2)YOUNG MUSICIANS UNITE,INC.Educators,if applicable. G. Program Management Resources:CMB has appointed the Chief Education 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 2023 —June 2024.The point of contact for each school and YOUNG MUSICIANS UNITE,INC..is as follows: Principal Marry Murphy—Feinberg Fisher K-8 Center—kbelusic@dadeschools.net Sammy Gonzalez — YOUNG MUSICIANS UNITE, INC.. - mailto:Sammy cr,voungnusiciansunite.org 5 DocuSign Envelope ID:4665DC97-9589-4788-AEF8-E9231B2B5525 DocuSign Envelope ID:3C24230E-344F-40E1-BA77-2D25A3F74FA1 DocuSlgn Envelope ID:F1C3a98F-883B-405F-9E5S-298o148C983E 3.04 Marketing.YOUNG MUSICIANS UNITE,INC.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: AEna T.Hudak City Manager City of Miami Beach 1700 Convention Center Drive Miami Beach,Florida 33139 With a copy to: Dr.Leslie Rosenfeld Chief Education Officer City of Miami Beach 1700 Convention Center Drive Miami Beach,Florida 33139 With a copy to: Koren Illa Education Compact Initiatives Coordinator City of Miami Beach 1700 Convention Center Drive Miami Beach,Florida 33139 To YOUNG MUSICIANS UNITE,INC.: Sammy Gonzalez CEO/Founder YOUNG MUSICIANS UNITE,INC.. 1260 NW 29th Street#103, MIAMI Beach,FL 33142 Sanunv@younsmusiciansunite.org With a copy to: Melanie Greenwald CFO YOUNG MUSICIANS UNITE,INC.. 1260 NW 29th Street#103, MIAMI Beach,FL 33142 melanie(@youngmusiciansunite.org 6 DocuSign Envelope ID:4665DC97-9589-4788-AEF8-E9231B2B5525 DocuSign Envelope ID:3C24230E-344F-40E1-BA77-2D25A3F74FA1 DocuSlgn Envelope ID:F1C3698F-883B-405F-9E6B-2980148C983E f 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 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 YOUNG MUSICIANS UNITE,INC.'s benefit. 7 DocuSign Envelope ID:4665DC97-9589-4788-AEF8-E9231B2B5525 DocuSign Envelope ID:3C24230E-344F-40E1-SA77-2D25A3F74FA1 DocuSIgn Envelope ID:FiC3698F-8836-405F-9E5D-2980148C983E 4.05 YOUNG MUSICIANS UNITE, INC.'S COMPLIANCE WITH FLORIDA PUBLIC RECORDS LAW A. YOUNG MUSICIANS UNITE, INC., INCshall 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 119.01 I(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 YOUNG MUSICIANS UNITE, INC. meets the definition of "Contractor" as defined in Section 119.0701(1)(a), the YOUNG MUSICIANS UNITE,INC.,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 YOUNG MUSICIANS UNITE,INC.,INC 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 YOUNG MUSICIANS UNITE, INC., INC or keep and maintain public records required by CMB to perform the service. If the YOUNG MUSICIANS UNITE, INC. transfers all public records to CMB upon completion of the Agreement, the YOUNG MUSICIANS UNITE, INC. shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements.If the YOUNG MUSICIANS UNITE,INC.keeps and maintains public records upon completion of the Agreement, the YOUNG MUSICIANS UNITE, INC. 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. 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 YOUNG MUSICIANS UNITE,INC.of the request, and the YOUNG MUSICIANS UNITE,INC.must provide the records to CMB or allow the records to be inspected or copied within a reasonable time. 8 'DocuSign Envelope ID:4665DC97-9589-4788-AEF8-E9231B2B5525 DocuSign Envelope ID:3C24230E-344F-40E1-BA77-2D25A3F74FA1 DocuSign Envelope ID:F1C3698F-88313-405F-8E5B-288o148Cg83E • 2. YOUNG MUSICIANS UNITE,INC.'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. YOUNG MUSICIANS UNITE, INC. 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 YOUNG MUSICIANS UNITE, INC. to compel production of public records relating to CMB's contract for services,the court shall assess and award against YOUNG MUSICIANS UNITE,INC.the reasonable costs of enforcement,including reasonable attorneys' fees,if: a. The court determines that YOUNG MUSICIANS UNITE, INC. unlawfully refused to comply with the public records request within a reasonable time; and b. At Ieast 8 business days before filing the action,the plaintiff provided written notice of the public records request, including a statement that YOUNG MUSICIANS UNITE,INC.has not complied with the request,to CMB and to YOUNG MUSICIANS UNITE,INC__ 2. A notice complies with subparagraph (I)(b) if it is sent to CMB's custodian of public records and to YOUNG MUSICIANS UNITE, INC. at YOUNG MUSICIANS UNITE, INC.'s address listed on its contract with CMB or to YOUNG MUSICIANS UNITE,INC.'s registered agent.Such notices must be sent by common carrier delivery service or by registered, GIobal Express Guaranteed, or certified mail,with postage or shipping paid by the sender and with evidence of delivery,which maybe in an electronic format. 3. If YOUNG MUSICIANS UNITE, INC. 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 YOUNG MUSICIANS UNITE,INC.HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119,FLORIDA STATUTES,TO YOUNG MUSICIANS UNITE,INC.'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT,CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: CITY OF MIAMI BEACH A I-IhNTION:RAFAEL E.GRANADO,CITY CLERK 1700 CONVENTION CENTERDRIVE MIAMI BEACH,FLORIDA 33139 E-MAIL: RAFAELGRANADO@MIAMIBEACHFL.GOV PHONE: 305-673-7411 9 •DocuSign Envelope ID 4665DC97-9589-4788-AEF8-E9231B2B5525 • - DocuSign Envelope ID:3C24230E-344F-40E1-BA77-2D25A3F74FA1 DocuSign Envelope ID:F1C3698F-883B-405F-9E5B-2980148C983E 4.06 Audit and Inspections. A. Upon reasonable verbal or written notice to YOUNG MUSICIANS UNITE,INC., 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. YOUNG MUSICIANS UNITE, INC.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 YOUNG MUSICIANS UNITE, INC., 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 YOUNG MUSICIANS UNITE, INC., YOUNG MUSICIANS UNITE,INC.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 YOUNG MUSICIANS UNITE, INC. its officers, agents and employees, lobbyists, City staff and elected officials to ensure compliance with the contract documents and to detect fraud and corruption. 10 DocuSign Envelope ID:4665DC97-9589-4788-AEF8-E9231B2B5525 DocuSign Envelope ID:3C24230E-344F-40E1-BA77-2D25A3F74FA1 DocuSign Envelope ID:F1C3698F-883B-405F-9E5B-2980148C983E 4. The Inspector General shall have the right to inspect and copy all documents and records in YOUNG MUSICIANS UNITE, INC.'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, . payrolI and personnel records and supporting documentation for the aforesaid documents and records. 5. YOUNG MUSICIANS UNITE, INC. 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, YOUNG MUSICIANS UNITE, INC. shall make available records relating to the work terminated until three(3)years after any resulting final termination settlement;and b. YOUNG MUSICIANS UNITE,INC.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 YOUNG MUSICIANS UNITE,INC., its officers,agents,employees,subcontractors and suppliers.YOUNG MUSICIANS UNITE,INC. shall incorporate the provisions in this section in all subcontracts and all other agreements executed by YOUNG MUSICIANS UNITE,INC.in connection with the performance of this Agreement. 7. Nothing in this section shall impair any independent right of CMB or YOUNG MUSICIANS UNITE, INC. to conduct audits or investigative activities. The provisions of this section are neither intended nor shall they be construed to impose any Iiability on CMB by YOUNG MUSICIANS UNITE,INC.or third parties. C. E-Verify 1. CMB and YOUNG MUSICIANS UNITE, INC. 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 YOUNG MUSICIANS UNITE,INC.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 YOUNG MUSICIANS UNITE, INC. 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 11 DocuSign Envelope ID 4665DC97-9589-4788-AEF8-E9231B2B5525 DocuSign Envelope ID:3C24230E-344F-40E1-9A77-2D25A3F74FA1 DocuSign Envelope ID:F1C31398F-883B-405F-9E5B.2960148C983E of all new employees hired by the subcontractor during the contract Term. If CMB and YOUNG MUSICIANS UNITE,INC.enter into a contract with an approved subcontractor,the subcontractor must provide CMB and YOUNG MUSICIANS UNITE, INC., as applicable, with an affidavit stating that the subcontractor does not employ,contract with,or subcontract with an unauthorized alien. CMB and YOUNG MUSICIANS UNItE, INC., 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 YOUNG MUSICIANS UNITE,INC., 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 YOUNG MUSICIANS UNITE,INC.,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 YOUNG MUSICIANS UNITE,INC. 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 YOUNG MUSICIANS UNI'l tr,INC.,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 YOUNG MUSICIANS UNITE,INC., 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 Ag.eeauent, YOUNG MUSICIANS UNITE,INC.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. YOUNG MUSICIANS UNITE, INC. 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 YOUNG MUSICIANS UNITE,INC.,or an officer,employee,agent, 12 DocuSign Envelope ID:4665DC97-9589-4788-AEF8-E9231B2B5525 DocuSign Envelope ID:3C24230E-344F-40E1-BA77-2D25A3F74FA1 DocuSign Envelope ID:F1C3698F-883B-405F-9E5B-2680148C983E representative,contractor,or sub-contractor of YOUNG MUSICIANS UNITE,INC.to the extent that YOUNG MUSICIANS UNITE, INC. or an officer, employee, agent, representative, • contractor,or sub-contractor of YOUNG MUSICIANS UNITE,INC.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. 4.08 Indemnification.Solely to the extent and limits permitted by FIa.Stat.Section 768.28 and without waiving any rights or defenses thereunder,YOUNG MUSICIANS UNITE,INC. 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 YOUNG MUSICIANS UNITE, INC., its officers, employees, agents, contractors, or any other person or entity acting under YOUNG MUSICIANS UNITE, INC.'s control or supervision, in connection with,related to,or as a result of YOUNG MUSICIANS UNITE, INC.'s performance of the services pursuant to this Agreement. To that extent,YOUNG MUSICIANS UNITE, INC. shall pay all such claims and Iosses 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. YOUNG MUSICIANS UNITE, INC. expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by YOUNG MUSICIANS UNr1'E, 1NC.shall in no way limit YOUNG MUSICIANS UNITE,INC.'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 YOUNG MUSICIANS UNITE, INC. for performance of the Services under this Agreement is the specific consideration from CMB to the YOUNG MUSICIANS UNITE,INC.for YOUNG MUSICIANS UNITE,INC.'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 13 DocuSign Envelope ID:4665DC97-9589-4788-AEF8-E9231B2B5525 DocuSign Envelope ID:3C24230E-344F-40E1-BA77-2D25A3F74FA1 DocuSign Envelope ID:F1C369BF-883B-405F-9E5B-2980148C9B3E 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 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 Ali 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, YOUNG MUSICIANS UNI fb,INC.shall not exclude front participation in,deny the benefits ai',or subject to discrimination anyone on the grounds of race,color,national origin,sex,age,disability,religion, income or family status. 14 DocuSign Envelope ID:4665DC97-9589-4788-AEF8-E9231 B2B5525 DocuSign Envelope ID:3C24230E-344F-40E1-BA77-2D25A3F74FA1 DocuSign Envelope ID F1C3698F-883B-405F-9E5B-2980148C983E Additionally, YOUNG MUSICIANS UNITE, INC. 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. The Parties hereto have made and executed this Agreement on the date last signed below. FOR THE CITY OF MIAMI BEACH: (Corporate Seal) CITY OE MIAMI BEACH. FLORIDA: By: ja ina T.Hudak,City Manager Date: 4Ct 1,4(2,3 ATTEST: o«u/lened by: • By: ►`.aim 6•YaAAtiO ka ado,City Clerk 9/26/2023 I 6:12 PM EDT Date: APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION 1 ►, , _ City Attorney Date IS 9 DocuSign Envelope ID:4665DC97-9589-4788-AEF8-E9231B2B5525 DocuSign Envelope ID:3C24230E-344F-40E1-BA77-2D25A3F74FA1 DocuSign Envelope ID'F 1 C3698F-8838-405F-9E58-2980148C983E FOR THE REPRESENTATIVES OF YOUNG MUSICIANS UNITE,INC.: (Corporate Seal) THE REPRESENTATIVES OF YOUNG MUSICIANS UNITE, INC., MIAMI. FLORIDA: OneeMgr*try Samara ez CEO/Founder 9/21/2023 112:27 PM PDT Date: ATTEST: Mel ffletwald CFO 9/21/2023 I 5:58 PM EDT Date: I6 9 DocuSign Envelope ID:4665DC97-9589-4788-AEF8-E9231B2B5525 DocuSign Envelope ID:3C24230E-344F-40E1-BA77-2D25A3F74FA1 11nritSign Envelope ID:F1C3698F-8836-005F-9E5B-29B0148C983E Attachment A:Scope of Program DETAILED OVERVIEW(Attached Separately—Exhibit B) Grade Levels:6-8th Schedule: Wednesdays,2:05—3:05 Fall 2023 Semester Dates:October 3,2023—December 14,2023 Tentative-Spring 2024 Semester Date:February 6,2024 April 18,2024 *Each Semester is 10 weeks/1 Day a Week Interaction Themes: YMU's arts-based STEAM curriculum captures students'attention,making STEM learning more attractive for them because they are inherently drawn to learning the artistic side of these concepts.This unique approach makes it easy for students and schools alike to say"yes"to STEAM,us the schools witness students'increased interest inSTEAM subjects and improved attendance for these classes,and students get to experience and build what gives them"bragging rights"with their peers. Through its STEAM curriculum,YMU unlocks access for its partner schools to the rigor of an MDCPS- approved STEAM curriculum and places them on the path toward achieving STEAM designation,a "carrot"that helps them attract and retain students,teachers,and additional funding.Since 2018,YMU has grown this program's reach from 80 to 300 students,4 to 8 schools,8 of which have achieved STEAM designation,including 6 at Gold level. Week 1:ACOUSTIC SOUND AMPLIFICATION Week 2:BUILD YOUR OWN ACOUSTIC AMPLIFIER Week 3:MARKET YOUR PRODUCT Week 4:BUILD YOUR OWN BLUETOOTH SPEAKER Week 5:BUILD A ONE-STRING INSTRUMENT Week 6 IDENTIFYING THE FREQUENCY Week 7:MIXING YOUR OWN SONG Week 8:PYRAMID OF SOUND Week 9:VOLUMES OF WATER Week 10:3-PITCH PAN FLUTE Contact: Pedro Diaz CPO programs@younamusiciansunite.org 17 DocuSign Envelope ID:4665DC97-9589-4788-AEF8-E9231B2B5525 DocuSign Envelope ID:3C24230E-344F-40E1-BA77-2D25A3F74FA1 DocuSign Envelope ID F1C3698F-883E-405F•9E5B-2980148C983E Attachment A: Scope of Program(Budget) Budget 2023.2024. Organisation Nam.[v own Muscat"Urea.Ire 20 Inbrastlons IExpedwa TAttrouet emu InnduewSatsrlas PwaonW.Apnivelratcn i Si 760_ Every program wdt oe persorWiy overseen by our regional deeds enu we be feed specacaoy for Irn props+we a0dnonel Overige by our program erector Thus We pe00M on the ground OrOveing 110dtmne*stow.to our leaders and areare Vial our programs we carnal out effeClesis Program geet/or $401MtW■10 wens a average of 1 5 n urs per week•$600 Regore attune 62Sr-fov a 10 weeks a average of 4 hours Per weak a SI 000 .silo,'Per,0eVelopnlant$2 000 YMU we customs•our SMEAM 5 0 assort pens for grades 6.a Ao 10 separate assent'or aner-acrod Unary lesson pans wsi ecalie muse produyon~arts on pads !rr btno+Ig d Sound speakers ,suaerslanden eaMYnglts a M more Inrinisioaallitted PetaatelM:A/Mgc S3.603 'Btieayne Bestyl Elementary $100rcuse for 0(lasses SI 000 *Miami Beach Feinberg F den St 00rcuss Ion 10 cusses 11 00C •Artelc Program Trance:secrets wr oe Peru+1 STEAM protocol ant set on MUCOUS to marogeg Mee saleroom end esson pans Total Treeyg $3 000 The scowls for 20 noun Of teaftler treeing per learlw at S2Snlour a 1 teerwrs• 5600 are then 40 ears a$62 50•$2 500 for Zecn_airier(0001 to condu0 Ina `uaerg CanMM'ilMIO W1M Mow IsselaMNbas Ss 000 $9 000 115 par student,30 Binders,a 10 Cheese it 2 Schools{toots to sum a$asiw afa (Sul plae/matrisY NoeCdrrtaerobe f _ ----.._. tearer,FeeS peck software n e_se icnn4es copy geed`u. . TotalE+Mneaa _S 111r360.00 DocuSign Envelope ID:4665DC97-9589-4788-AEF8-E9231B2B5525 DocuSign Envelope ID:3C24230F344F-40E1-BA77-2D25A3F74FA1 DocuSign Envelope ID F1C3698F-883B_405F-9E5B-2980148C983E kttachment 1: Scope of Program MIAMI-DADE COUNTY PUBLIC SCHOOLS 2023-2024 SCHOOL CALENDAR ELEMENTARY AND SECONDARY 1111) JULY 2023 AUGUST 2023 SEPTEM BER 2023 ©11011©©© ©111011©0© MIWIF ©16 ©00 ©1811111 10 m®®m O FACM11617027, 5 6 7 8 ,� �0� 20 EllID] [ ] 18 11 12 13 14 15 m®im® 28 ®®®imu® 1 a 19 zo 21 22 0 29 30 ®M (2S 26 27 28 _ 29 OCTOSER 2023 1401,1011ER 2023 DICEMItER 2023 1113111ii111131111MA 1123111111131111111E111 ©0©1E110 ©©1111111©0 0 10 m®® 1111•311111B10111E71 0©IBI0 8 mIWI 20 ®m® 16 m ®®111® ®m® ► 7.4*-at►i♦ �:o 1: 11:111E1 20 EI& ®mmisms ® 28 El 30 ME ►��►.Tire►r_20►. 111►.�0 JANUARY 2024 FEORUARY 2024 MANCH 2024 110111111110111151111171 M . T W T F liffiamimmEZINE11111�►774,_ 1 2MIKE10 0® 5 6 7 8 9 00 ElltEll [II 12 13 14 15 16 m11EMEMEI® ®m®rall 20 21 22 23 18 19 20 21 (A EN 30 ®_— 26 27 _ 28 29 Sing►'�►TQ► i►Er11 APRIL 2024 MAY 2024 JUNE 2024 ©1i11©© ©©©©� M F T W T 0©©0f 111111111110©© 3 4 5 Q ® 1113111000 10 - 10 11 12 13 14 ®�m�� ®m®�� 17 18 1.5! i 20 21 ®®m®� 20 ®®®u' 24 25 26 27 28 ® 30 11.1111.1=1 1►.j 28 m 30 © mob•T.achve a spat N«aa,Day DAYS IN GRADING PERIOD TaacNr Mane'.Day BN'4w d 6.so.:•y Noma 1 .4C • ..a,- da.rorasswnu O.va,o0s •a Day opal'Wan, ,._1 • I Maray.'2'naiN, s..iia Ne wuq .J - ►=, «a,Day Ito manta Teas,.,atom.,D.,w..•alas to op. 4-4,j For information on employee opt days.please refer to the back of calendar I9 DocuSign Envelope ID:4665DC97-9589-4788-AEF8-E9231B2B5525 DocuSign Envelope ID:3C24230E-344F-40E1-BA77-2D25A3F74FA1 DocuSpn Envelope ID:F1C3698F-8838-405F-9E58-2980148C983E : «hwi i y 1 1t!'SItiANS ! 4. . . • USTE NITE • ....... , • ..• , :, .. , K ,, , . ,. , , 1 Young Musicians Unite is actively providing music programming for over 4,000 students in 40 schools this 23/24 school year. YMU uniquely uses art and music as a platform to entice students to engage with subjects that are often difficult for them to grasp, such as science,technology, engineering, and math (STEAM). YMU's "5.0" STEAM Lesson Plans, designed in partnership with MDCPS, are accessible, relatable, and rewarding for students. Interactive fun classes using popular music hiphop-rock and roll and pop, as a tool to engage students into grasping complicated subjects and concepts using science and technology. Lessons explore a core concept through all 5 aspects of STEAM to ensure the content "sticks" across multiple styles of learning, e.g. discovering sound waves and designing, building, testing an acoustic amplifier, and plotting data points as part of their results. NWW.YOUNGMUSICIANSUNITE.ORG t DocuSign Envelope ID:4665DC97-9589-4788-AEF8-E9231B2B5525 DocuSign Envelope ID,3C24230E-344F-40E1-BA77-2D25A3F74FA1 DocuSign Envelope ID.F1C3888F-8838-405F-9E5E3-2980148C983E YOUNG MUSICIANS UNITE PROGRAM OVERVIEW EMPHASIS ON STUDENTS YMU is the only STEAM 5.0 provider in Miami-Dade who approaches STEAM from an arts perspective first. Created in partnership with Miami-Dade County Public Schools (MDCPS), YMU's "5.0" lesson plans immerse students in STEAM subjects by exploring a core concept in 5 ways, which ensures the content "sticks" across multiple learning styles. YMU presents STEAM subjects comprehensively, cohesively, and relatably, removing barriers to learning for those who had previously struggled to grasp these subjects, and building their potential to become career-ready. For example, in one lesson, students learn how sound waves pass through different mediums (Science), design and create an acoustic amplifier (Technology & Engineering), test the amplifier in a musical setting (Arts), and plot data of their results (Math). In a hands-on, immersive class, students absorb the concept from different perspectives as they cooperate to work towards the unified goal of building their own amplifiers and determining the effectiveness of each design. EMPHASIS ON SCHOOLS YMU's arts-based STEAM curriculum captures students' attention, making STEM learning more attractive for them because they are inherently drawn to learning the artistic side of these concepts. This unique approach makes it easy for students and schools alike to say "yes" to STEAM, as the schools witness students' increased interest in STEAM subjects and improved attendance for these classes, and students get to experience and build what gives them "bragging rights" with their peers. Through its STEAM curriculum, YMU unlocks access for its partner schools to the rigor of a MDCPS-approved STEAM curriculum and places them on the path toward achieving STEAM designation, a "carrot" which helps them attract and retain students, teachers, and additional funding. Since 2018, YMU has grown this program's reach from 80 to 300 students, 4 to 8 schools, 8 of which have achieved STEAM designation, including 6 at Gold level. DocuSign Envelope ID:4665DC97-9589-4788-AEF8-E9231B2B5525 DocuSign Envelope ID:3C24230E-344F-40E1-BA77-2025A3F74FA1 w DocuSign Envelope ID F1C3698F-883B-405F-9E5B-2980148C983E • - IPYOUNG MUSICIANS UNITE sIA 10 WEEK TIMELINE WEE 1;ACOUSTIC SOUND AMPLIFICATION Introduction to Sound Waves: Students will get an overview of sound waves and how they are perceived by different human senses. Students will understand the concepts of acoustic and electric sound t_. . x amplification, loudness, and decibels and learn to apply the engineering 4.4,+••••.* design process through their favorite artists. By employing colored liquid sound testing, where colored liquid is placed on a scrim over the .~ speaker's diaphragm, students will have the opportunity to observe and experience sound waves firsthand. • WEEK 2:BUILD YOUR OWN ACOUSTIC AMPLIFIER Through critical thinking and engineering, students will deepen their understanding of sound waves amplification levels based on the shape, size and material used. - • Experiment - Students wilt implement their new learned knowledge on acoustic sound amplification from the previous lesson to design and build a prototype acoustic smartphone amplifier. 1 : :..., . VUJO N +� �+, Awl N`Ta'1' + ��/.•► +r` I . DocuSign Envelope ID:4665DC97-9589-4788-AEF8-E9231B2B5525 DocuSign Envelope ID 3C24230E-344F-40E1-BA77-2D25A3F74FA1 DocuSign Envelope ID F1C3698F-8838-405F-9E5B-2980148C983E YOUNG MUSICIANS UNITE WEEK 3:MARKET YOUR PRODUCT Through big-picture analysis, students wilt compare and contrast prototypes with each other to determine advantages and disadvantages of their devices. Adopting a marketing perspective, they will analyze their results, rating the effectiveness of the product and why it would be attractive to potential consumers. • Activity: Each group will make a 2-page brochure describing why the model works, what are the advantages, why would people Like it? Sell it to your audience. • • 111-4c. fa, " 4‘,Ir tit • WEEK 4:BUILD YOUR OWN BLUETOOTH SPEAKER ' Students will discover how speakers work while building one of their own. Students will explore the world of sound and music, navigating through fun music genres and music history, all while engaging in a hands-on activity. 0: „.. • _R' ` DocuSign Envelope ID:4665DC97-9589-4788-AEF8-E9231B2B5525 DocuSign Envelope ID 3C24230E-344F-40E 1-BA77-2D25A3F74FA1 MIIIIIIIMIII DocuSign Envelope ID F1C3698F-8838-405F-9E5B-2980148C983E • YOUNG IPMUSICIANS . UNITE . . . 4. • WEED(S:,BUILD A ONE-STRING INSTRUMENT Through the engineering design process, students will sharpen their ability to plan and work as a team as they design and build their own one-string instrument. Then they will test the ability of their instrument . to tune to specific pitches, hold the notes, and create melodies in a : . musical context. le tot elt kit = • Experiment: Students will build a playable One-string instrument km .. using recycled materials. Use the engineering cycle to go through Si M : %et Mt the 5 steps and come up with a prototype using the provided et eke Ile M :Wm ... _ -e Is r► materials. MOM 4.1 eatt tee el.. NI Mt. elle IF. _ , ..... ....., ... _ �� .rr M �.. '►_ .�" = v -- - pi zA ..w Ne — IflfbENTIFYING THE FREQUENCY - - Students will be split into groups of 2. Each group will be given 5 audio ___:�+ —' - samples and answer the following questions about each sample: Is it — _ _ predominantly a bass or treble sound? What is the frequency range of -- _ the sound in hertz? Then, they will each receive a paper with a blank �-` " _ graphic equalizer and color in the frequency range. i= 7 _ aft ... •an - r . .Mt .. et M IF. .S . MI el te ea v_ II . 1 . •. t"h.l'''I DocuSign Envelope ID:4665DC97-9589-4788-AEF8-E923182B5525 DocuSign Envelope ID 3C24230E-344F-40E1-BA77-2D25A3F74FA1 umumumeimma DocuSign Envelope ID F1C3698F-883B-405F-9E5B-2980148C983E 11. WI . 10UNG MUSICIANS UNITE WEEK 7:MIXING YOUR OWN SONG Teacher win display the Pyramid of Sound and use it to discuss the • different frequencies of instruments, with low or bass instruments at the bottom and high or treble instruments at the top. STEAM teachers will then explain graphic equalizers using white board. • Activity: each group will mix a song in garageband by adjusting the volume faders of each instrument track. Students will use their own creative judgment to determine the best loudness level for each track and then write down each instrument level in a chart expressed in decibels (dB). Oft 4 ._. , . . • ,,,,.. , . illien., NMI , .. . .,_. -. .. . :. . • ., I ,..„.,.. . . . ._ / " - ' , I. -It IL 1111.. 41.1P k WEEK 8:PYRAMID OF SOUND Teachers will display the Pyramid of Sound and use it to discuss the different frequencies of instruments, with low or bass instruments at the bottom and high or treble instruments at the top. Instruments at the top of the pyramid produce higher frequency sound waves, whose wavelengths are closer together and move through the air which result in higher pitches. Low Instruments produce longer sound waves that result in lower musical notes. • Activity: Each group will make a collage of the pyramid of sound that accurately represents the mix they did. They will use recycled materials and catalog cutouts to construct the collage. This can be a 2 dimensional representation of the pyramid. Find the different instruments that can be heard in your mix and neatly cut them out and glue them onto the pyramid. DocuSign Envelope ID:4665DC97-9589-4788-AEF8-E9231B2B5525 DocuSign Envelope ID:3C24230E-344F-40E1-BA77-2D25A3F74FA1 DocuSign Envelope ID FIC3698F-883B-405F-9E5B-2980148C983E lkd YOUNG MUSICIANS UNITE WEEK 9:VOLUMES OF WATER ram"' Teacher will show students how pitch is affected by adding and subtracting water to a bottle when they blow across the opening of the bottle. Teacher will repeat the demonstration using a smartphone app to read the produced pitch in real time. Students will observe the teacher and learn how to read and interpret the tuner app, so that they feel comfortable using it for segment 3. flPffr ' *-- 4- pow �C _ • • Vallb:3-PITCH PAN FLUTE Using their knowledge of the relationship between pitch and volume of water in a bottle, students will work in groups to recreate the pitches in a major triad. • Experiment: Using the provided materials, each group will build a 3- pitch pan flute capable of reproducing a major triad. Teacher will give each group their starting pitch and they will have to use their knowledge of triads to determine the second and third pitches. DocuSign Envelope ID:4665DC97-9589-4788-AEF8-E9231B2B5525 DocuSign Envelope ID:3C24230E-344F-40E1-BA77-2025A3F74FA1 OocuSign Envelope ID F1C3898F-883B-405F-9E58-2980148C983E . . . . • • • • • • • • ,X. • . 1�5 YOUNG MUSICIANS UNITE 5.10 WWW.YOUNGMUSICIANSUNITE.ORG DocuSign Envelope ID:4665DC97-9589-4788-AEF8-E9231B2B5525 DocuSign Envelope ID:3C24230E-344F-40E1-BA77-2D25A3F74FA1 • • • ' RESOLUTION NO. 20,23-32686 RESOLUTION OF THE MAYOR AND CITY COMMISSION OF.THE CITY OF MIAMI BEACH, FLORIDA,• RESCINDING RESOLUTIONS NO. 2016-29660, • '. 2018-30259, 2019-31014, 2020-31481, 2021-31537, 2022-32064, 2022-32139, • 2023.32632, RELATING TO THE CITY'S FREE AFTERSCHOOL ENRICHMENT PROGRAMS AT,MIAMI BEACH PUBLIC SCHOOLS AND CONSOLIDATING ALL OF THE 'CITY-FUNDED PROGRAMS CREATED BY THE ABOVE REFERENCED RESOLUTIONS WITHIN THIS SINGLE AUTHORIZING RESOLUTION, SUBJECT TO THE FUNDING ALLOCATIONS AUTHORIZED FOR EACH SCHOOL, AS SPECIFIED.IN EXHIBIT A TO THE COMMISSION MEMORANDUM ACCOMPANYING THIS RESOLUTION; APPROVING FUNDING FOR THE ABOVE REFERENCED AFTER SCHOOL PROGRAMS, IN . THE TOTAL AMOUNT OF '$122,525.77 FOR FY24 AND EACH YEAR • • THEREATER;'.FURTHER, PROVIDING THAT IF ANY SCHOOL DOES NOT . UTILIZE ITS-ENTIRE ALLOCATION'OF FUNDS FOR AN AFTERSCHOOL , PROGRAM APPROVED BY THIS.RESOLUTION, THE CITY MANAGER MAY . AUTHORIZE ANY UNSPENT FUNDS'FOR THAT SCHOOL TO BE USED FOR ANOTHER AFTERSCHOOL PROGRAM AT SUCH SCHOOL, UP TO THE • TOTAL AMOUNT ALLOCATED FOR'THAT SCHOOL; ACCEPTING THE RECOMMENDATION 'OF 'THE CITY MANAGER AND WAIVING, BY 5/7TH VOTE, • THE - FORMAL- •'COMPETITIVE BIDDING •REQUIREMENT, IN 'ACCORDANCE WITH SECTION 2-367(E) OF THE CITY CODE, AS TO THE SELECTION OF ALL FUTURE AFTERSCHOOL SERVICE PROVIDERS CONTEMPLATED UNDER'THIS RESOLUTION, FINDING SUCH WAIVER TO BE.IN THE CITY'S BEST INTEREST; FURTHER, AUTHORIZING THE CITY CLERK AND . 'CITY 'MANAGER TO EXECUTE ALL APPLICABLE- AGREEMENTS WITH SERVICE -PROVIDERS SELECTED BY THE CITY MANAGER AND"SCHOOL SITE PRINCIPAL; AND FURTHER AUTHORIZING THE CITY CLERK AND 'CITY MANAGER TO EXECUTE ANNUAL " AGREEMENTS WITH THE SERVICE PROVIDERS DESCRIBED IN EXHIBIT A ' , SUBJECT TO AN ANNUAL ALLOCATION OF FUNDS DURING THE CITY'S ANNUAL BUDGET PROCESS. • ' WHEREAS, the'City of•Miami Beabh through the Office of Education and Performance - Initiatives provides free.afterschool STEM (Science Technology Engineering Mathematics) enrichment at Miami Beach'Fienberg Fisher K-8 and Miami Beach Biscayne Beach Elementary; and ' - • WHEREAS, on December 14,2016 Resolution No. 2016-29660 was passed to support a ` partnership with Common Threads programming and an.amount not to exceed $ 18,925.77;and WHEREAS, on April 26,2017, the City•Commission directed staff to survey members of the community with children 'In a Miami Beach public school to determine what educational enhancements were needed, and present findings to the Finance and Citywide Projects Committee; and ' WHEREAS, in May 2017;the City Administration developed and conducted an education enhancement survey'to gather input on potential enhancements, and received 374 community responses; and • • • DocuSign Envelope ID:4665DC97-9589-4788-AEF8-E9231B2B5525 DocuSign Envelope ID:3C24230E-344F-40E1-BA77-2025A3F74FA1 • • • WHEREAS, on April 11, 2018, the Mayor and City Commission adopted Resolution No. 2018-30259,approving recommendations made by the Finance and Citywide Projects Committee ("FCWPC")to implement educational enhancements and activities in the Citys public schools for the 2018-2019 school year and •subsequent school years including afterschool activities at Biscayne Beach Elementary School and Miami Beach Fienberg/Fisher K-8 Center, in an amount not-to exceed$60,000;and • • ' WHEREAS, since the April 1.1, 2018 City Commission meeting, the afterschool • enrichment program was expanded to Miami Beach Senior High School ("MBSHS"), without increasing the approved funding, in the amount of$60,000;and WHEREAS, at the October 16, 2019 the City Commission meeting, MBSHS Rock Ensemble program was added as an afterschool enrichment program in an amount not to exceed $10,000; and . • WHEREAS,on October 16,2019 the City Mayor and Commission passed Resolution No. 2019-31014 to amend Resolution No.2018-30259 expanding the scope of afterschool activities currently funded by the City, in the annual amount of$60,000, to include Miami Beach Senior • High school as a participating school. WHEREAS; on November 18, 2020 Resolution No. 2020-31481 was passed to amend Resolution'No. 2019-31014 and Resolution.No. 2018-30259, in order to expand the scope of afterschool activities currently funded by the City, in the annual amount of$60,000, to include Speech and Debate at Miami Beach Senior High School, in an additional amount not to exceed $3,600.00 per year; and WHEREAS; on January 13, 2021, Resolution No. 2021-31537 was passed to authorize the City to accept donations to support the City of Miami Beach afterschool Rock Ensemble enrichment program, to be utilized by the City of Miami Beach's afterschool enrichment Rock Ensemble program at Miami Beach•Senior High School, and appropriate said donations to the • . City's Education Compact- Fund for use exclusively to support the City's Rock Ensemble afterschooi enrichment program; and . • • . WHEREAS; on March 9, 2023 Resolution No. 2022-32064 was passed and adopted to provide funding for the'Miami Beach Senior High School Rock Ensemble afterschool program, • through a grant to Young Musicians;Unite, Inc.for the 2021-22 school year, in an amount not to exceed $30,000; and authorized the City Manager and City Clerk to execute a grant agreement • for the 2021-22 school year,.retroactive to the beginning of the school year(August 23, 2021 ); and further authorized funding for subsequent school years, in an amount not to exceed $30,000 per fiscal year, subject to funding approval during the City's annual budgetary process; and WHEREAS; on May 4, 2023 Resolution No. 2022-32139 amend Resolution No. 2021- 31537, which authorized the City to accept donations in support of the City of Miami Beach's afterschool enrichment Rock-Ensemble program At• Miami Beach Senior'High School (the "Program"); said amendment approving and authorizing Young Musicians Unite, Inc. to accept donations in support of the Program (in lieu of the City accepting such donations), provided that all donations made to the Program shall be dedicated for the exclusive use and benefit of the Program', per the terms of the agreement between the Young Musicians Unite, Inc. and the City; and - ' - . . • • 2 • DocuSign Envelope D.4665DC97-9589-4788-AEF8-E9231B2B5525 DocuSign Envelope ID:3C24230E-344F-40E1-BA77-2D25A3F74FA1 • WHEREAS,on June 28,2023 the City Commission approved Resolution No.2023-32632, a grant in the total amount of$10,000 to the Winsome Bolt Art Program;as part of the Sunflower Society, to-provide art education at Miami Beach Fienberg Fisher K-8 during the 2023-24 school • • year and allocated a $10,000,grant'for art education programming at Miami Beach Fienberg , Fisher K-8'as part of the City's budget process annually; and . • WHEREAS,.the unique heeds of each participating school make it challenging, if not impossible, for anyone other than the City's Chief Education Officer, in collaboration with each appropriate school site principal, to identify the appropriate-service provider for each school; and . . WHEREAS, each afterschool enrichment class is fundamental in encouraging critical thinking;sparking creativity;and setting the foundation for a career ingrowing fields and ensuring Miami`Beach educational enrichment programming Is accessible; and, . WHEREAS, as student bodies change, so do the interests of those student bodies, . making it challenging.to guarantee the annual use of funds'identified for specific programs at ' specific schools. . • NOW, THEREFORE, BE IT . DULY .RESOLVED BY THE MAYOR AND CITY- COMMISSION OF THE CITY OF MIAMI BEACH,' FLORIDA, that the Mayor and City Commission approve the rescinding•'Resolutions No..2016-29660, 2018-30259, 201.9-31014, ' • 2020-31481, 2021-31537; 2022-32064, 2022-32139, 2023-32632 relating to the"City's free afterschool enrichment programs at Miami Beach public schools and consolidating all of the City- . funded programs created by the above referenced resolutions within this single authorizing resolution, subject to the funding allocations authorized for each school, as specified in Exhibit A . • to the Commission Memorandum accompanying this Resolution; approve funding.for the above referenced after school programs, in the total amount of$122,525.77, for FY24 and each year • thereafter;'further,.provide that if any school does not utilize its entire allocation of funds for an • afterschool program approved by this Resolution, the City Manager may authorize any unspent .• funds for that school to.be used for another afterschool program at such school, up to the total ' amount allocated for that school; accept the recommendation of the City Manager and waive;by . • 5/7th vote,the.formal competitive bidding requirement, In accordance with Section 2-367(e)of the 'City Code, as to the selection of all future-afterschool service providers.contemplated under this . Resolution, finding such waiver to be'in the City's"best interest; further, authorize the City Clerk and City Manager to execute all applicable agreements with service providers selected by the : City Manager and school site principal;•and further authorize the City Clerk and City Manager to execute annual agreements with the service providers described in Exhibit A subject to an annual allocation of funds during the City's annual budget process. . PASSED and ADOPTED this 01G day of .fiii • ' 2023. . 'ATTEST: . • ' . ,____# . . . di4;271----1--------- . . . . . t. - • .- JUL ?.g 2023 Dan Gelber, Mayor • Rafael E. Granado, City Clerk ,•,„,,,, ' •' - APPROVED AS TO `-1 -g 8'''�, . . FORM& LANGUAGE . • & FOR EXECUTION IA CO 1 —-'/ 3 . f',,- ••• •:.& i'Z'A '•.• , in— _ '1—1 9 • `„ R,,,, f. . City Attorney ' Date 3 DocuSign Envelope ID:4665DC97-9589-4788-AEF8-E9231B2B5525 DocuSign Envelope ID:3C24230E-344F-40E1-BA77-2D25A3F74FA1 Resolutions-C7 I MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Aline T.Hudak,City Manager DATE: July 26,2023 • SUBJECT A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, RESCINDING RESOLUTIONS NO. 2016- 29660, 2018-30259, 2019-31014, 2020-31481, 2021-31537, 2022-32064, 2022- 32139, 2023-32632, RELATING TO THE CITY'S FREE AFTERSCHOOL ENRICHMENT PROGRAMS AT MIAMI BEACH PUBLIC SCHOOLS AND CONSOLIDATING ALL OF THE CITY-FUNDED PROGRAMS CREATED BY THE ABOVE REFERENCED RESOLUTIONS WITHIN THIS SINGLE AUTHORIZING RESOLUTION, SUBJECT TO THE FUNDING ALLOCATIONS AUTHORIZED FOR EACH SCHOOL, AS SPECIFIED IN EXHIBIT A TO THE COMMISSION MEMORANDUM ACCOMPANYING THIS RESOLUTION; APPROVING FUNDING FOR THE ABOVE REFERENCED AFTER SCHOOL PROGRAMS, IN THE TOTAL AMOUNT OF $122,525.77 FOR FY 24 AND EACH YEAR THEREAFTER; FURTHER, PROVIDING THAT IF ANY SCHOOL DOES NOT UTILIZE ITS ENTIRE ALLOCATION OF FUNDS FOR AN AFTERSCHOOL PROGRAM APPROVED BY THIS RESOLUTION, THE CITY MANAGER MAY AUTHORIZE ANY UNSPENT FUNDS FOR THAT SCHOOL TO BE USED FOR ANOTHER AFTERSCHOOL PROGRAM AT SUCH SCHOOL, UP TO THE TOTAL AMOUNT ALLOCATED FOR THAT SCHOOL; ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER AND WAIVING, BY 5/7TH VOTE, THE FORMAL COMPETITIVE BIDDING REQUIREMENT, IN ACCORDANCE WITH SECTION 2-367(E) OF THE CITY CODE,AS TO THE SELECTION OF ALL FUTURE AFTERSCHOOL SERVICE PROVIDERS CONTEMPLATED UNDER THIS RESOLUTION, FINDING SUCH WAIVER TO BE IN THE CITY'S BEST INTEREST; FURTHER, AUTHORIZING THE CITY CLERK AND CITY MANAGER TO EXECUTE ALL APPLICABLE AGREEMENTS WITH SERVICE PROVIDERS SELECTED BY THE CITY MANAGER AND SCHOOL SITE PRINCIPAL; AND FURTHER AUTHORIZING THE CITY CLERK AND CITY MANAGER TO EXECUTE ANNUAL AGREEMENTS WITH THE SERVICE PROVIDERS DESCRIBED IN EXHIBIT A SUBJECT TO AN ANNUAL ALLOCATION OF FUNDS DURING THE CITY'S ANNUAL BUDGET PROCESS. Page 466 of 1588 DocuSign Envelope ID:4665DC97-9589-4788-AEF8-E9231B2B5525 DocuSign Envelope ID:3C24230E-344F-4OE1-BA77-2025A3F74FAt RECOMMENDATiOiN The Administration recommends that the Mayor and the City Commission authorize the City to execute annual agreements with service providers as described in Appendix A, subject to an annual allocation of funds during the City's annual budget process. BACKGROUND/HISTORY As part of an ongoing effort to enrich the lives of youth in the community, the City of Miami Beach has launched a free Miami Beach After-School Enrichment Program (ASEP)to three Miami Beach schools in hopes of improving student self-esteem, providing a positive environment for kids and inspiring children to build their natural curiosity through hands-on learning. The unique needs of each participating school make it challenging to preselect providers without ongoing collaboration between the City's Chief Education Officer and each appropriate school site principal annually. Each afterschool enrichment class is fundamental in encouraging critical thinking, sparking creativity, setting the foundation for a career in growing fields,and ensuring Miami Beach educational enrichment programming is accessible. in January 2008, the City of Miami Beach entered into an Education Compact with Miami- Dade County Public Schools to enhance learning opportunities for youth. The Compact reflects the desire of the Miami Beach community to support excellence in the City's public schools and currently addresses and supports the following priority areas: Teacher Recruitment/Retention; Communication; Parental Involvement/Family Support? Youth and Community Engagement; Health and Weil-Being; Student Achievement; Safety, and Technology. On April 15,2015,the Mayor and the City Commission adopted Resolution No.2015-28997, which directed the Administration to expand the Compact to address the following areas: Early Learning; Extracurricular/Choice Offerings;and Afterschool Programming. On December 14, 2016, the Mayor and the City Commission adopted Resolution No. 2016- 29660 to support a partnership with Common Threads programming in an amount not to exceed$ 18,925.77.Common Threads offers youth and families hands-on cooking programs and nutrition education. On April 11, 2018, the Mayor and City Commission adopted Resolution No. 2018-30259, approving recommendations made by the Finance and Citywide Projects Committee (" FCWPC")to implement educational enhancements and activities in the City's public schools for the 2018-2019 school year and subsequent school years including afterschool activities at Biscayne Beach Elementary School and Miami Beach Fienberg/Fisher K-8 Center, in an amount not to exceed$60,000. On October 16, 2019 the Mayor and Commission passed Resolution No. 2019--31014 to amend Resolution No. 2018-30259 expanding the scope of afterschool activities currently funded by the City, in the annual amount of $60,000, to include Miami Beach Senior High school as a participating school to support the Miami Beach Senior High School Rock Ensemble in an amount not to exceed$10,000. On November 18, 2020 Resolution No. 2020-31481 was passed to amend Resolution No. Page 467 of 158E DocuSign Envelope ID 4665DC97-9589-4788-AEF8-E9231B2B5525 DocuSign Envelope ID:3C24230E-344F-4DE1-BA77-2D25A3F74FA1 2019-31014 and Resolution No. 2018-30259, in order to expand the scope of afterschool activities currently funded by the City, in•the annual amount of$60,000,to include Speech and Debate at.Miami Beach Senior High School,in an additional amount not to exceed $3,600.00 per year. On January 13,2021, Resolution No.2021-31537 was passed to authorize the City to accept donations, to support the City of Miami Beach afterschool Rock Ensemble enrichment program,to be utilized by the City•of Miami Beach's afterschool enrichment Rock Ensemble program at Miami Beach Senior High School,and appropriate the said donations to the City's Education Compact Fund for use exclusively to support the City's Rock Ensemble afterschool enrichment program. On March 9, 2023 Resolution No. 2022-32064 was passed and adopted to provide funding • for the Miami Beach Senior High School Rock Ensemble afterschool program, through a grant to Young Musicians Unite, Inc. for the 2021-22 school year, in an amount not to exceed $30,000; and authorize the City Manager and City Clerk to execute a grant agreement for the 2021-22 school year, retroactive to the beginning of the school year(August 23, 2021 ); and further authorize funding for subsequent school years, in an amount not to exceed $30,000 per fiscal year,subject to funding approval during the City's annual budgetary process. At the June 28, 2023, City Commission meeting the City Commission approved Resolution No. 2023-32632, a grant in the total amount of$10,000 to the Winsome Bolt Art Program,as part of the Sunflower Society, to provide art education at Miami Beach Fienberg Fisher K-8 during the 2023-24 school year and allocate a$10,000 grant for art education programming at Miami Beach Fienberg Fisher K-8 as part of the City's budget process annually. ANALYSIS The Afterschool program continues to expand and provide enrichment to Miami Beach youth. By engaging students around the subjects of Science, Technology, Engineering, Art, and Math, the Afterschool program aims to spark an interest and life-long appreciation of the arts and sciences in children from an early age. As student bodies change, so do the interests of those student bodies, making it challenging to guarantee the annual use of funds identified for specific programs at specific schools. SUPPORTING SURVEY DATA 49%of residents indicated satisfied or very satisfied with public schools in Miami Beach FINANCIAL INFORMATION Funding approved in prior resolutions. No new funding requested.See Appendix A. Applicable Area Not Applicable Is this a"Residents Right Does this item utilize G.O. to Know"item.pursuant to Bond Funds? City Code Section 2-14? No No Page 468 of 1588 DocuSign Envelope ID:4665DC97-9589-4788-AEF8-E9231B2B5525 DocuSlgn Envelope ID:3C24230E-344F-40E1-BA77-2D25A3F74FA1 Strategic Connection Prosperity-Be known for(K-12)educational excellence. Legislative Tracking Education and Performance Initiatives ATTACHMENTS: Description ❑ Resolution ❑ Appendix A-Afterschool Reso Tracker Chart • Page 469 of 1588 DocuSign Envelope ID:4665DC97-9589-4788-AEF8-E9231 B2B5525 DocuSign Envelope ID:3C24230E-344F-40E1-BA77-2D25A3F74FA1 EXHIBIT A Reso No. Title • Amount($) Service Provider 2016-29650 RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA, $18,925.77 Common Threads ACCEPTING THE RECOMMENDATION OF THE NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE TO SUPPORT A PARTNERSHIP WITH COMMON THREADS,A NATIONAL NON-PROFIT ORGANIZATION,WHICH TEACHES CHILDREN,FAMILIES,AND TEACHERS TO COOK FOR A HEAL THIER LIFE;APPROVING A PARTNERSHIP WITH COMMON THREADS;REFERRING THIS MATTER TO THE FINANCE AND CITYWIDE PROJECTS COMMITTEE TO IDENTIFY FUNDING FOR A .PARTNERSHIP WITH COMMON THREADS;AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR A PARTNERSHIP WITH COMMON THREADS,AFTER FUNDING APPROVAL, IN AN AMOUNT NOT TO EXCEED$18,925.77. 2018-30259 RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA, $60,000 Selected Annually for Biscayne ACCEPTING THE RECOMMENDATION OF THE FINANCE AND CITYWIDE PROJECTS COMMITTEE Beach Elementary and Miami TO IMPLEMENT THE FOLLOWING EDUCATIONAL ENHANCEMENTS IN THE CITY'S PUBLIC Beach Fienberg Fisher K-8 SCHOOLS FOR THE 2018-2019 SCHOOL YEAR AND SUBSEQUENT SCHOOL YEARS,SUBJECT TO APPROVAL OF A BUDGET-AMENDMENT FOR FY 2017-2018 AND FUNDING APPROVAL IN EACH SUBSEQUENT FISCAL YEAR DURING THE CITY'S BUDGETARY PROCESS:(I)AFTERSCHOOL ACTIVITIES AT BISCAYNE ELEMENTARY SCHOOL AND FIENBERG/FISHER K-8 CENTER,IN AN AMOUNT NOT TO EXCEED$60,000;(II)READING TUTORS FOR STUDENTS WHO ATTEND SOUTH POINTE ELEMENTARY SCHOOL,NORTH BEACH ELEMENTARY SCHOOL,BISCAYNE ELEMENTARY SCHOOL,FIENBERG/FISHER K-8 CENTER,AND NAUTILUS MIDDLE SCHOOL,IN AN AMOUNT NOT TO EXCEED$50,000;(ill)MATH TUTORS FOR STUDENTS WHO ATTEND NAUTILUS MIDDLE SCHOOL AND MIAMI BEACH SENIOR HIGH SCHOOL,IN AN AMOUNT NOT TO EXCEED$20,000; (IV)MENTAL HEALTH SERVICE EXPANSION AT SOUTH POINTE ELEMENTARY SCHOOL,NORTH BEACH ELEMENTARY SCHOOL,BISCAYNE ELEMENTARY SCHOOL,FIENBERG/FISHER K-8 CENTER, AND NAUTILUS MIDDLE SCHOOL,IN AN AMOUNT NOT TO EXCEED$60,000;AND(V)COLLEGE PREPARATION PROGRAM AND MATERIALS FOR 500 MIAMI BEACH SENIOR HIGH SCHOOL STUDENTS,IN AN AMOUNT NOT TO EXCEED$12,500;FURTHER,AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE ANY AND ALL REQUIRED AGREEMENTS AND DOCUMENTS TO IMPLEMENT THE EDUCATIONAL ENHANCEMENTS;FURTHER,AUTHORIZING THE REDUCTION IN FUNDING,TO AN AMOUNT NOT TO EXCEED$35,000,OF THE VOLUNTARY . PREKINDERGARDEN(VPK)PROGRAM FOR THE 2018-2019 SCHOOL YEAR;AND FURTHER AUTHORIZING THE CITY MANAGER TO MODIFY AND/OR TERMINATE THE AGREEMENT WITH THE SCHOOL BOARD OF MIAMI-DADE COUNTY,FLORIDA FOR THE VPK PROGRAM,AS APPLICABLE 2019-31014 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, N/A Selected Annually FLORIDA,AMENDING RESOLUTION NO.2018-30259 EXPANDING THE SCOPE OF AFTERSCHOOL ACTIVITIES CURRENTLY FUNDED BY THE CITY,IN THE ANNUAL AMOUNT OF$60,000,TO INCLUDE MIAMI BEACH SENIOR HIGH SCHOOL AS A PARTICIPATING SCHOOL. 2020-31481 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, $3,600 Selected Annually for Miami FLORIDA,AMENDING RESOLUTION NO.2019-31014 AND RESOLUTION NO.2018-30259,IN Beach Sr.High ORDER TO EXPAND THE SCOPE;OF AFTERSCHOOL ACTIVITIES CURRENTLY FUNDED BY THE CITY, IN THE ANNUAL AMOUNT OF$60,000,TO INCLUDE SPEECH AND DEBATE AT MIAMI BEACH SENIOR HIGH SCHOOL,IN AN ADDITIONAL AMOUNT NOT TO EXCEED$3,600 PER YEAR. 2021-31537 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, N/A Submitted Annually by Young FLORIDA,APPROVING AND AUTHORIZING THE CITY TO ACCEPT DONATIONS TO SUPPORT THE Musicians Unite CITY OF MIAMI BEACH AFTERSCHOOL ROCK ENSEMBLE ENRICHMENT ROGRAM,TO BE UTILIZED BY THE CITY OF MIAMI BEACH'S AFTERSCHOOL ENRICHMENT ROCK ENSEMBLE PROGRAM AT MIAMI BEACH SENIOR HIGH SCHOOL,AND APPROPRIATE THE SAID DONATIONS TO THE CITY'S EDUCATION COMPACT FUND FOR USE EXCLUSIVELY TO SUPPORT THE CfiY'S ROCK ENSEMBLE AFTERSCHOOL ENRICHMENT PROGRAM. Pac, gi71309 1588 DocuSign Envelope ID:4665DC97-9589-4788-AEF8-E9231 B2B5525 DocuSign Envelope 1D:3C24230E-344F-40E1-BA77-2D25A3F74FA1 EXHIBIT A • Reso No:-• Title • Amount($) Service Provider' 2022-32064 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, 530,000 Young Musicians Unite,Inc. 4 FLORIDA,ACCEPTING THE RECOMMENDATION OF THE FINANCE AND ECONOMIC RESILIENCY COMMITTEE TO PROVIDE FUNDING FOR THE MIAMI BEACH SENIOR HIGH SCHOOL ROCK ENSEMBLE AFTERSCHOOL PROGRAM;THROUGH A GRANT TO YOUNG MUSICIANS UNITE,INC FOR THE 2021-22 SCHOOL YEAR,IN AN AMOUNT NOT TO EXCEED$30,000;AND AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE A GRANT AGREEMENT•WITH YOUNG MUSICIANS UNITE,INC,RETROACTIVE TO THE BEGINNING OF THE 2021-2022 SCHOOL YEAR (AUGUST 23,2021);AND FURTHER AUTHORIZING FUNDING FOR SUBSEQUENT SCHOOL YEARS, IN AN AMOUNT NOT TO EXCEED$30,000 PER FISCAL YEAR,SUBJECT TO FUNDING APPROVAL •DURING THE CITY'S ANNUAL BUDGETARY PROCESS. 2022-32139 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CRY OF MIAMI BEACH, N/A Submitted Annually by Young FLORIDA,AMENDING RESOLUTION NO.2021-31537,WHICH AUTHORIZED THE CITY TO ACCEPT Musicians Unite,Inc DONATIONS IN SUPPORT OF THE CITY OF MIAMI BEACH'S AFttHSCHOOL ENRICHMENT ROCK • ENSEMBLE PROGRAM AT MIAMI BEACH SENIOR HIGH SCHOOL,(THE"PROGRAM");SAID AMENDMENT APPROVING AND AUTHORIZING YOUNG MUSICIANS UNITE,INC TO ACCEPT DONATIONS IN SUPPORT OF THE PROGRAM(IN LIEU OF THE CITY ACCEPTING SUCH DONATIONS),PROVIDED THAT ALL DONATIONS MADE TO THE PROGRAM SHALL BE DEDICATED FOR THE EXCLUSIVE USE AND BENEFIT OF THE PROGRAM,PER THE TERMS OF THE AGREEMENT BETWEEN THE YOUNG MUSICIANS UNITE,INC.AND THE CITY. 2023-32632 A RESOLUTION OF THE MAYOR AND COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA, _ $10,000 Selected Annually ACCEPTING THE RECOMMENDATION OF THE FINANCE AND ECONOMIC RESIDENCY COMMITTEE,MADE AT ITS MAY 24,2023 MEETING,AND APPROVING A GRANT IN THE TOTAL AMOUNT OF 510,000 TO THE WINSOME BOLT ART PROGRAM,AS PART OF THE SUNFLOWER SOCIETY,TO PROVIDE ART EDUCATION AT MIAMI BEACH FIENBERG FISHER K-S DURING THE 2023-24 SCHOOL YEAR;AUTHORIZING THE CITY CLERK AND CITY MANAGER.TO EXECUTE THE CITY'S STANDARD GRANT AGREEMENT WITH RESPECT TO THE FOREGOING;AND DIRECTING THE ADMINISTRATION TO ALLOCATE A 510,000 GRANT FOR ART EDUCATION PROGRAMMING AT MIAMI BEACH FIENBERG FISHER K-8 AS PART OF THE CITY'S BUDGET PROCESS ANNUALLY. Total Funds for Afterachool Programming:$122,525.771 Pag 4e72 0Q 1588 DocuSign Envelope ID:4665DC97-9589-4788-AEF8-E9231 B2B5525 DocuSign Envelope ID.3C24230E-344F-40E1-BA77-2D25A3F74FA1 MI A M I BEACH Contract/Document Routing Form • .ter _ CMB YOUNG MUSICIANS UNITE AFTERSCHOOL 2023-24 R .DI YOUNG MUSICIANS UNITE EDUCATION&PERFORMANCE INITIATIVES (-11ocu81gned by • - -- DR. LESLIE ROSENFELC G w I JASON GREENE ,y2 Sou awl.) 194824CA93D744F ment Type(Se-ea-One) 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 Type S—Grant agreements with the City as the grantor X Other: Amendment No.1 to the agreement allows YOUNG MUSICIANS UNITE to provide free STEAM afterschool programming to students at Miami Beach Fienberg-Fisher K-8 for an additional semester(Spring 2024)during the 2023-2024 academic school year.Afterschool programming for 2023-24 will also be provided by FROST Museum,Florida International University,and Moonlighters Fablab. 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($30,000 for Fienberg Fisher K-8 and$30,000 Biscayne Beach Elementary).In July of 2023 the Mayor and Commission signed Reso 2023-32686 which consolidated all Afterschool Enrichment Resolutions,approving funding(listed on pages 8&9 of Reso)for$122,525.77 for Fiscal Year 2024 and each year thereafter with the authorization of the City Manager and City Clerk to execute any and all required agreements to implement the educational enhancements. 111E- " . October 1,2023-June 7,2024 Grant Funded: Yes X 1 No State I Federal Other: ce • Require Enhancement 1 $5,886.70 011-0332-000343-16-400-582-00-00-00 Yes X No 1.For contracts longer than five years,contact the Procurement Department. . • ach 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. .w.ham Authority to Sian City Commission Approved: X Yes No Resolution No.: CC Agenda Item No.: CC Meeting Date: 2023-32686 C7I 7/26/2023 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: Procurement: D Grants. NA ocuSiQned by: Budget:Tameka Otto- ' b Information Technology. NA Stewart t) SfUNCArf Risk Management:Marc }-404ekwitardatS3 Fleet&Facilities: NA Chevalier 1144.4s "� ,mt! Human Resources: N..116F0e2e87 Qoaoe Other: NA