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Agreement between CMB & Phillip and Patricia Frost Museum of Science, Inc.
Docusign Envelope ID:87C3D565-01E8-47D2-8EF8-DOD1E30AACB5 — ""2 3—3 Z(0E% Docusign Envelope ID 77B5057C-D9E6-4879-8709-751011ADF7B9 AGREEMENT THIS AGREEMENT is made and entered into as of this9/12/2024 peEDT Effective Date, which shall be the date this Agreement is fully executed),by and between CITY OF MIAMI BEACH,FLORIDA (Hereinafter referred to as CMB) a body corporate and political subdivision of the State of Florida, whose principal place of business is 1700 Convention Center Drive,Miami Beach, FL 33139 And PHILLIP AND PATRICIA FROST MUSEUM OF SCIENCE,INC. (Hereinafter referred to as FROST SCIENCE) a Florida not-for-profit corporation whose principal place of business is 1101 Biscayne Boulevard,Miami,FL 33132 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 Frost Science, CMB seeks to combine its resources with FROST SCIENCE 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 2024-2025 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: ARTICLE 1 —RECITALS 1.01 Recitals. CMB and FROST SCIENCE(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. Docusign Envelope ID:87C3D565-01E8-47D2-8EF8-DOD1E30AACB5 Docusign Envelope ID.77B5057C-D9E6-48 79-8709-751 01 1ADF7B9 ARTICLE 2—DEFINITIONS 2.01 FROST SCIENCE Educators) As referred to herein, the FROST SCIENCE educator(s) shall be defined as a fulltime or part-time member of the staff of FROST SCIENCE. ARTICLE 3 —SPECIAL CONDITIONS 3.01 Term of Agreement. The term of this Agreement shall be effective from October 1, 2024 through April 17, 2025, 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 2024-2025 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 FROST SCIENCE shall maintain responsibility for implementing the various components of the Program,as delineated in this Agreement. A. For the Program, FROST SCIENCE serves as the"lead" organization for afterschool STEM classes at the CMB Program Schools. As the lead organization, FROST SCIENCE is responsible for the following: 1. Requirements and Regulations: ensuring that the Program activities and supplies are 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.). FROST SCIENCE will work in collaboration with CMB to jointly plan exposure opportunities and events, but FROST SCIENCE retains the right of final approval and confirmation of all Program class content and delivery. Prior to classes commencing, FROST SCIENCE will provide CMB with the syllabus for the Program classes. B. The Program classes to be provided in Fall 2024 and Spring 2025,in partnership with FROST SCIENCE, include the following modules: 2 Docusign Envelope ID:87C3D565-01E8-47D2-8EF8-DOD1E30AACB5 Docusign Envelope ID 77B5057C-D9E6-4 879-8 7 09-751 0 1 1ADF7B9 1. Playing with Physics: Accelerate an interest in physical sciences with thrilling lessons exploring gravity, magnetism, forces and energy. Students will start off with mechanic fundamentals in simple machines and then increase momentum by investigating the laws of motion and electricity before venturing into the application of physics to cosmology and astronomy. Activities include: • Assembling and testing a projectile launcher • Improving rollercoaster designs to understand motion • Analyzing the properties of light through diffraction • Simulating the gravitational pull of a blackhole • Generating the flow of electricity by connecting circuits 2. Coral Reefs: ReeFLorida The National Coral Reef Conservancy (ReeFLorida) at Frost Science is an interdisciplinary marine science hub that provides unique opportunities for ongoing education and collaborative research, with the goal of conserving, restoring and enhancing Florida's Coral Reef. Students will dive into coral reefs and learn about their very own backyards from the experts. Through exploring ecosystems that are so close to home,students will dive into the underwater world and learn about marine life on the reef, why reefs are important, the threats they face and what we can do to help. 3. Fee: 4. The fee shall be $15,514.40 (the "Fee") to develop and facilitate one (1) new module (Coral Reefs: ReeFL) and facilitate one (1) module developed in a previous year(Playing with Physics). The Program will be for up to 60 students per curriculum inclusive of both locations. Class size will be no more than 30 students per class.Total of 60 students each semester. The City shall pay 50%of the Fee in the amount of$7,757.20 within(45)days from the Effective Date of the Agreement and receipt of an invoice from FROST SCIENCE. The remainder of the Fee, in the amount of$7,757.20,upon completion of the Program. Pricing is listed for four curriculum modules conducted at two locations (one hour at each location per week) for two semesters (20 weeks). It is inclusive of all staff time, use of the curriculum,materials and mileage. All Program classes shall be provided by FROST SCIENCE pursuant to the course parameters and schedules,set forth in Composite Attachment"A"and Attachment"B", attached hereto and incorporated herein by reference. C. Teaching Staff: The responsibilities of FROST SCIENCE and CMB with respect to the FROST SCIENCE Educators will be as follows: 3 Docusign Envelope ID:87C3D565-01E8-47D2-8EF8-DOD1E30AACB5 Docusign Envelope ID 7785057C-D9E6-4879-87 09-751 01 1ADF7B9 1. FROST SCIENCE will be responsible for the development and implementation of staff recruitment, training and placement. FROST SCIENCE full-time and part- time Educators are eligible to apply. FROST SCIENCE will hold conference calls with the Chief Education Officer at the end of each semester.Additional conference calls will be scheduled if needed by either parties. 2. Conference calls with the Chief Education Officer will be held at the end of each semester. Additional conference calls will be scheduled if needed by either parties. Chief Education Officer The Chief Education Officer,at the Chief Education Officer's sole discretion,may request that any FROST SCIENCE Educator be removed from participating in the Program,upon written notice to FROST SCIENCE,effective as of the date provided in the written notice.If CMB requests that FROST SCIENCE replaces the removed FROST SCIENCE Educator,FROST SCIENCE agrees to secure a replacement FROST SCIENCE Educator for the Program.FROST SCIENCE educators will have access to emergency contact information for the City of Miami Beach education staff and registered children,to be used in the case of an emergency. 3. FROST SCIENCE staff will escort pre-registered students from the designated after-care location to the applicable space used for the Program. Upon completion of the one-hour Program,FROST SCIENCE staff will escort such students back to the designated after-care location. CMB shall be responsible for all students once FROST SCIENCE staff has escorted them to the designated after-care location. Parents shall be advised by CMB of the foregoing arrangements.FROST SCIENCE will not be responsible for releasing children to parents. D. Impact Evaluation: FROST SCIENCE will be responsible for the administration, analysis, and delivery of impact evaluation efforts including participant, teacher, and parent assessment. FROST SCIENCE will provide CMB with an impact report. Parent assessments will be conducted with the assistance of CMB for access to contact information and/or parent interaction opportunities. E. Under this Agreement, for the Program, CMB serves as "Host." As the Host, CMB agrees to: 1. Recruitment and Registration: CMB will support student recruitment efforts including mandatory support/outreach to relevant community and education partners;CMB will share additional opportunities for partner employees to engage in recruitment efforts as they become available. CMB will require online registration through RecWare. CMB will be responsible for the enrollment of students. Students may not take more than one (1) class per semester, unless the class size is under-enrolled, then CMB may,at its sole discretion,permit the same student to attend multiple classes. 4 Docusign Envelope ID 87C3D565-01E8-47D2-8EF8-DOD1E30AACB5 Docusign Envelope ID 77B5057C-D9E6-4879-8709-751011ADF7B9 2. CMB requires that the Frost Science Educators go through the City's Level 2 screening and obtain contractor badges from MDCPS for classes onsite only (if applicable). 3. 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) FROST SCIENCE Educators for the duration of the 20 week Program. Classroom space must be pre-approved by FROST SCIENCE and include windows,desk space,and chairs(either one large table or portable desks), a whiteboard,and internet access. In the event that courses need to pivot to Virtual, then Frost Science will provide all required virtual platforms and ensure connectivity throughout each class session. 4. Security: CMB will ensure security support and building access to Program students and FROST SCIENCE 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 FROST SCIENCE 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 FROST SCIENCE Educators. If applicable, Frost Educators will follow MDCPS protocol for virtual learning to ensure safety of student participants in virtual classes. For onsite classes,FROST SCIENCE staff must pick up the Program students and take them to the class. Upon completion of the one-hour Program, FROST SCIENCE staff will escort such students back to the designated after-care location. CMB staff will remain with the Program students,at the designated location,until the authorized parent or guardian picks up the Program student. The Chief Education Officer may remove Program students from the Program if the authorized parent or guardian fails to promptly pick them up within 15 minutes of the conclusion of the class session. 1 . 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 thirty(30)Program students and two(2)FROST SCIENCE Educators, if applicable. G. Program Management Resources: CMB has appointed the Chief Education Officer as the main point of contact to serve as the internal Program manager for the Program at the CMB Program Schools from August 2024—June 2025. 5 Docusign Envelope ID:87C3D565-01 E8-47D2-8EF8-DOD1 E30AACB5 Docusign Envelope ID:7785057C-D9E6-4879-8709-751011ADF789^""?AE51 BD 3.04 Marketing. FROST SCIENCE 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: Eric Carpenter 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 Manager City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 To FROST SCIENCE: Douglas A. Roberts, Ph.D. President&CEO Phillip and Patricia Frost Museum of Science, Inc. 1101 Biscayne Boulevard Miami, Florida 33132 With a copy to: Analisa Duran Knight Director of Science Education Phillip and Patricia Frost Museum of Science, Inc. 1101 Biscayne Boulevard Miami, Florida 33132 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. 6 Docusign Envelope ID:87C3D565-01E8-47D2-8EF8-DOD1E30AACB5 Docusign Envelope ID 77B5057C-D9E6-4 879-8709-751 01 1ADF7B9 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 FROST SCIENCE's benefit. 4.05 FROST SCIENCE'S COMPLIANCE WITH FLORIDA PUBLIC RECORDS LAW A. FROST SCIENCE shall comply with Florida Public Records law under Chapter 119,Florida Statutes,as may be amended from time to time. B. The term"public records"shall have the meaning set forth in Section 119.011(12), which means all documents,papers,letters,maps,books,tapes,photographs,films, sound recordings, data processing software, or other material, regardless of the physical form,characteristics,or means of transmission,made or received pursuant to law or ordinance or in connection with the transaction of official business of CMB. C. Pursuant to Section 119.0701 of the Florida Statutes, if FROST SCIENCE meets the definition of"Contractor" as defined in Section 119.0701(1)(a), the FROST SCIENCE shall: 1. Keep and maintain public records required by CMB to perform the service; 7 Docusign Envelope ID.87C3D565-01E8-47D2-8EF8-DOD1E30AACB5 Docusign Envelope ID 77B5057C-D9E6-4879-8709-75101IADF7B9 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 FROST SCIENCE 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 FROST SCIENCE or keep and maintain public records required by CMB to perform the service. If the FROST SCIENCE transfers all public records to CMB upon completion of the Agreement,the FROST SCIENCE shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the FROST SCIENCE keeps and maintains public records upon completion of the Agreement, the FROST SCIENCE 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 FROST SCIENCE of the request, and the FROST SCIENCE must provide the records to CMB or allow the records to be inspected or copied within a reasonable time. 2. FROST SCIENCE'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. FROST SCIENCE 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 FROST SCIENCE to compel production of public records relating to CMB's contract for services,the court shall assess and award against FROST SCIENCE the reasonable costs of enforcement, including reasonable attorneys' fees,if: a. The court determines that FROST SCIENCE unlawfully refused to comply with the public records request within a reasonable time;and b. At least 8 business days before filing the action, the plaintiff provided written notice of the public records request, including a statement that FROST SCIENCE has not complied with the request, to CMB and to FROST SCIENCE. 2. A notice complies with subparagraph(1)(b)if it is sent to CMB's custodian of public records and to FROST SCIENCE at FROST SCIENCE's address 8 Docusign Envelope ID:87C3D565-01E8-47D2-8EF8-DOD1E30AACB5 Docusign Envelope ID 77B5057C-D9E6-4879-8709-751011ADF7B9 listed on its contract with CMB or to FROST SCIENCE's registered agent. Such notices must be sent by common carrier delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or shipping paid by the sender and with evidence of delivery,which may be in an electronic format. 3. If FROST SCIENCE 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 FROST SCIENCE HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119,FLORIDA STATUTES,TO FROST SCIENCE'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: CITY OF MIAMI BEACH ATTENTION: RAFAEL E.GRANADO,CITY CLERK 1700 CONVENTION CENTER DRIVE MIAMI BEACH,FLORIDA 33139 E-MAIL: RAFAELGRANADO@MIAMIBEACHFL.GOV PHONE: 305-673-7411 4.06 Audit and Inspections. A. Upon reasonable verbal or written notice to FROST SCIENCE, 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. FROST SCIENCE 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 9 Docusign Envelope ID:87C3D565-01E8-47D2-8EF8-DOD1E30AACB5 Docusign Envelope ID,77B5057C-D9E6-48 79-8 709-751 01 1ADF7B9 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 FROST SCIENCE, 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 FROST SCIENCE,FROST SCIENCE 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 FROST SCIENCE its officers, agents and employees, lobbyists, City staff and elected officials to ensure compliance with the contract documents and to detect fraud and corruption. 4. The Inspector General shall have the right to inspect and copy all documents and records in FROST SCIENCE's possession, custody or control which in the Inspector General's sole judgment,pertain to performance of the contract, including,but not limited to original estimate files, change order estimate files, worksheets, proposals and agreements from and with successful subcontractors and suppliers, all project-related correspondence, memoranda, instructions, financial documents, construction documents, (bid/proposal)and contract documents,back-change documents,all documents and records which involve cash,trade or volume discounts, insurance proceeds, rebates, or dividends received, payroll and personnel records and supporting documentation for the aforesaid documents and records. 5. FROST SCIENCE 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, FROST SCIENCE shall make available records relating to the work terminated until three(3)years after any resulting final termination settlement;and b. FROST SCIENCE 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 FROST SCIENCE,its officers, agents, employees, subcontractors and suppliers. FROST SCIENCE shall incorporate the provisions in this section in all subcontracts and all other agreements executed by FROST SCIENCE in connection with the performance of this Agreement. 7. Nothing in this section shall impair any independent right of C M B to conduct audits or investigative activities.The provisions of this section are neither intended I0 Docusign Envelope ID.87C3D565-01E8-47D2-8EF8-DOD1E30AACB5 Docusign Envelope ID.77B5057C-09E6-4879-8709-751011 ADF7B9 nor shall they be construed to impose any liability on CMB by FROST SCIENCE or third parties. C. E-Verify 1. FROST SCIENCE 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,FROST SCIENCE 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, FROST SCIENCE shall expressly require any subcontractor performing work or providing services pursuant to the Agreement to likewise utilize the U.S.Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract Term. If FROST SCIENCE enters into a contract with an approved subcontractor, the subcontractor must provide FROST SCIENCE with an affidavit stating that the subcontractor does not employ,contract with,or subcontract with an unauthorized alien. FROST SCIENCE 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 Client has a good faith belief that FROST SCIENCE has knowingly violated Section 448.09(1), Florida Statutes, Client shall terminate this Agreement with FROST SCIENCE for cause, and City shall thereafter have or owe no further obligation or liability to FROST SCIENCE. b. If Client has a good faith belief that a subcontractor has knowingly violated Section A but the FROST SCIENCE otherwise complied with such section,Client will promptly notify FROST SCIENCE and order the FROST SCIENCE to immediately terminate the agreement with the subcontractor. FROST SCIENCE failure to terminate a subcontractor shall be an event of default under this Agreement, entitling Client 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. Client or FROST SCIENCE 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 Client terminates the Agreement with FROST SCIENCE under the foregoing Subsection(2)(a), FROST SCIENCE may not be awarded a public contract for at least 1 year after the date of termination of this Agreement. f. FROST SCIENCE is liable for any additional costs incurred by Client as a result of the termination of this Agreement under this section. 4.07 Student Records: Notwithstanding any provision to the contrary within this Agreement, FROST SCIENCE 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. FROST SCIENCE agrees,for itself,its officers, employees, agents, representatives, contractors or subcontractors, to fully 11 Docusign Envelope ID 87C3D565-01E8-47D2-8EF8-DOD1E30AACB5 Docusign Envelope ID:77B5057C-D9E6-4879-8709-751011 ADF7B9 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 FROST SCIENCE, or an officer, employee, agent,representative,contractor,or sub-contractor of FROST SCIENCE to the extent that FROST SCIENCE or an officer, employee, agent, representative,contractor,or sub-contractor of FROST SCIENCE 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. FROST SCIENCE 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 FROST SCIENCE,its officers,employees,agents,contractors,or any other person or entity acting under FROST SCIENCE's control or supervision, in connection with, related to, or as a result of FROST SCIENCE's performance of the services pursuant to this Agreement. To that extent, FROST SCIENCE shall pay all such claims and losses and shall pay all such costs and judgments which may issue from any lawsuit arising from such claims and losses, and shall pay all costs and attorneys' fees expended by CMB in the defense of such claims and losses, including appeals. FROST SCIENCE expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by FROST SCIENCE shall in no way limit FROST SCIENCE'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 FROST SCIENCE for performance of the Services under this Agreement is the specific consideration from CMB to the FROST SCIENCE for FROST SCIENCE's indemnity agreement. The provisions of this Section and this indemnification shall survive termination or expiration of this Agreement. 4.08 Place of Performance. The Program services will take place in one of the CMB Program Schools. 4.09 Governing Law and Venue. This Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Florida. Any controversies or legal problems arising out of this Agreement and any action involving the enforcement or interpretation of any rights hereunder shall be submitted to the jurisdiction of a State court of competent jurisdiction in Miami-Dade County, Florida. 4.10 Entirety of Agreement. This document incorporates and includes all prior negotiations,correspondence,conversations,agreements and understandings applicable to the matters contained herein and the parties agree that there are no commitments, 12 Docusign Envelope ID 87C3D565-01E8-47D2-8EF8-DOD1E30AACB5 Docusign Envelope ID:77B5057C-09E6-4879-8709-751011ADF7B9 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. All representations and warranties made herein, regarding indemnification obligations, obligations to reimburse CMB, obligations to maintain and allow inspection and audit of records and property, obligations to maintain the confidentiality of records, reporting requirements, and obligations to return public funds shall survive the termination of this Agreement. 4.14 Authority. Each person signing this Agreement on behalf of either party individually warrants that he or she has full legal power to execute this Agreement on behalf of the party for whom he or she is signing,and to bind and obligate such party with respect to all provisions contained in this Agreement. 4.15 NO DISCRIMINATION. In connection with the performance of the Services, FROST SCIENCE 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, FROST SCIENCE 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. 13 Docusign Envelope ID:87C3D565-01E8-47D2-8EF8-DOD1E30AACB5 Docusign Envelope ID:77B5057C-D9E6-4879-8709-751011 ADF7B9 FOR THE CITY OF MIAMI BEACH: (Corporate Seal) CITY OF MIAMI BEACH, FLORIDA: 6 J �os DS‹J By: l/Zi<,04 lL l v6 � `C� Eric Carpenter/City Manager Date: (1/6 /24 ATTEST: DocuSigned by: BY: E Afzul. f. au.4414 armofinanado,City Clerk Date:9/12/2024 1 9:48 PM EDT APPROVED AS TO FORM &LANGUAGE &FOR `EX�E�CU��TIIONu bc1z' - ..),1 ' �City Attorney Date 14 Docusign Envelope ID:87C3D565-01E8-47D2-8EF8-DOD1E30AACB5 Docusign Envelope ID:77B5057C-09E6-4879-8709-751011ADF7B9 FOR THE REPRESENTATIVES PHILLIP AND PATRICIA FROST MUSEUM OF SCIENCE, INC.: (Corporate Seal) THE REPRESENTATIVES OF PHILLIP AND PATRICIA FROST MUSEUM OF SCIENCE,INC. r--DocuSigned by: By: pal roi,t.vfs �--2841BE81192F478 President and CEO Date: 9/3/2024 1 10:16 AM PDT ATTEST: Signed by: By� FEBFE99MCDF40E Date:9/4/2024 1 12:07 PM EDT 15 Docusign Envelope ID:87C3D565-01E8-47D2-8EF8-DOD1E30AACB5 Docusign Envelope ID:77B5057C-D9E6-4879-8709-751011ADF7139 AE51 BD Attachment A City of Miami Beach Program Afterschool Enrichment Program for Biscayne Beach Elementary School students and Miami Beach Fienberg-Fisher K-8 students. Schools Biscayne Beach Elementary School Miami Beach Fienberg-Fisher K-8 800 77th Street, Miami Beach 1420 Washington Ave, Miami Beach (305) 868-7727 (305) 531-0419 Principal Karen Belusic Principal Mary Murphy FROST SCIENCE Afterschool .FROST SCIENCE Educators must attend an orientation session on the first Friday of each semester. .FROST SCIENCE Educators will be matched to an afterschool session depending on their course schedules. Educators Illness or Emer2encv .FROST SCIENCE Educators are expected to notify FROST SCIENCE, Chief Education Officer and corresponding school by 10:00am on the day they will not be able to make it to class due to illness. In case of an emergency, instructors are also expected to call before the session. In both cases,the session will be hosted by a Frost Science alternate educator. FROST SCIENCE PRIMARY CONTACT Analisa Duran Knight Director of Science Education Phillip and Patricia Frost Museum of Science, Inc. 1101 Biscayne Boulevard, Miami, Florida 33132 aduran@frostscience.org Schedule The in-person program runs in the Fall from October 1,2024 to December 12, 2024, and Spring from February 4,2025 to April 17,2025.A background check of level II is required. Tuesdays 3:15 p.m.—4:15 p.m. (Miami Beach Fienberg Fisher K-8) Wednesdays 2:05 p.m.—3:05 p.m. (Biscayne Beach Elementary) Thursdays 3:15 p.m.—4:15 p.m. 16 Docusign Envelope ID.87C3D565-01E8-47D2-8EF8-DOD1E30AACB5 Docusign Envelope ID:77B5057C-D9E6-4 87 9-8 70 9-751 01 1ADF7B9 Progam Dates Fall 2024 Semester Dates(10 weeks) Week 1: October 1-2 *No School October 3rd Week 2:October 8-10 Week 3:October 15-17 Week 4: October 22-24 Week 5: Oct. 29-31 Week 6:November 6-7 *No school November 5th Week 7:November 12-14 Week 8:November 19-21 *No school November 25-29th Week 9: December 3-5 Week 10: December 10-12 Spring 2025 Semester Dates(10 weeks) Week 1: February 4-6 Week 2: February 11-13 Week 3: February 18-20 Week 4: February 25-27 Week 5: March 4-6 Week 6: March 11-13 Week 7: March 18-20 *No school March 24-28 Week 8:April 1-3 Week 9: April 8-10 Week 10: April 15-17 17 Docusign Envelope ID:87C3D565-01E8-47D2-8EF8-DOD1E30AACB5 Docusign Envelope ID 77B5057C-09E6-4879-8 7 09-751 01 1ADF7B9 Attachment A MIAMI-DADE COUNTY PUBLIC SCHOOLS 2024-2025 SCHOOL CALENDAR ELEMENTARY AND SECONDARY JULY 2024 AUGUST 2024 SEPTEMBER 2024 ©0©©© 113111E1111711Mill ©©©©© 0©©0_E40 _-- l�1 - ©000 8 9 10 m0 0/ta ,*.0 0 10 IMI00 ®1131001011 [E] Cm] EMI 1011m 18 19 20 0®m®la • 20 ®00 IEEE 30 ®__ Qm 28 1E2 30 30 ---- OCTOBER 2024 NOVEMBER 2024 DECEMBER 2024 ©mama ©0©©© ©0©00 1111R. I11011111 111111•11111111111110 ©©000 0 8 KM 10 m 0 QO 8 0 10 11011®® 111:1000 rf7:'10®E11® MI® 18 19 cell 0®m0 18 0 20 00 28 30 ®� T / �0. ' - . . _ •��� /�7 ►T �-�r . JANUARY 2025 FEBRUARY 2025 MARCH 2025 ©0©ma 11131111111111111151111211 ©m is ma 000n0 00©00 QO 8 K. 10 10 m0®11E1 10 lama ®m0 IL431 {11131m 20 ® ®Qm 20 3c. 01BIm mOQ®1101 Exam 29 30 ® 111111111111111111111111111 �`�40111111011111 APRIL 2025 • MAY 2025 JUNE 2025 M T W T F 2 3 4 ___Q© 000 (01 7 8 9 10 11 © 6 0 8 9 5115111111111111111111 14 15 16 17 G 1131E11 18 test 20 21 22 23 24 25 19 20 ®0® Om000 28 29 30 1 t` l® 28 29 30 30 —___ Ae-To...Regal • •rye's Day DAYS IN GRADING PERIOD L1 "char Plannln5Day •NtaiofGrachn9 Per od 1.45 slnct.wide Prolass.naI Learn.rg Da, � ryas Monday 2-46 C•}:�Teacher Plannmq Day e.mleblo to DO , rya%Monday 117 month) 3-43 NM'ores a Day Oa months ve.leDi<to opt 4-46 1d00.+,s TJI.r` For information on employee opt days,please refer to the back of calendar l 0 0 C, c Docusign Envelope ID:77B5057C-09E6-4879-8709-751011A0F7B9 u' D m CD 0 ID m O v o o PROJECTED BUDGET-CMB After School 0 CMB rn Phillip and Patricia Frost Museum of Science,Inc. o EXPENSES Staff only•hourly rate/cost per 'Staff only-#of hours Budget 'Variance Explanation and/or Comments — - -- — m — ;PERSONNEL 1 1 1 — ; o Education Programs Manager $65.00 40 $2,600.00 Time for creating curriculum and overseeing program 0 ,Museum Educator I $40.00 150 $6,000.00;;Time for facilitating !Curriculum Development Specialist $50.00 30. $1,500.00 iTime for creating curriculum Director of Science Communication S125.00 3' $375.00 Time for reviewing curriculum a IAsst.Director of Education $75.00 5, $375.00 Time for program management ff :Subtotal Personnel t-- $10,850.00 fringe is included in hourly rate 3 - - — _ — _ — ,— MATERIAIS&SUPPUES f for classroom,children,teachers,families) 1_ l I a Outreach matenals $1,003.00!Materials ›- ;Curriculum Licensing $900.00 i Materials administration $1,090.00 ir Subtotal-Materials&Supplies $2,990.00 ,Travel I i Iiik, 'Staff travel to outreach $0.66 400 $264.00 10 miles RT @.66 per mile(40 trips,20 per semester) 'Subtotal-Other Direct $264.00 I Administrative(max 10%1 _ _ $1,410.40 10%of direct expenses including stipends TOTAL EXPENSE $15,514. Docusign Envelope ID:87C3D565-01E8-47D2-8EF8-DOD1E30AACB5 Docusign Envelope ID 77B5057C-D9E6-48 79-87 0 9-7 51 01 1A0F7B9 RESOLUTION NO.' 2023-32686 l _ 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 5/7T" 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 Beach 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:87C3D565-01E8-47D2-8EF8-DOD1E30AACB5 Docusign Envelope ID 77B5057C-D9E6-4879-8709-751011ADF7B9 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 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; and WHEREAS, since the April 11, 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 afterschool 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 ID:87C3D565-01E8-47D2-8EF8-DOD1E30AACB5 Docusign Envelope ID.77B5057C-D9E6-4879-8709-751011 ADF7B9 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 needs 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 in growing 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, 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; 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 5/7t 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 96 day of /i/ _, 2023. ATTEST: JUL2 8 2023 Dan Gelber, Mayor Rafael E. Granado, City Clerk „M�,a APPROVED AS TO may,, FORM & LANGUAGE & FOR EXECUTION I!!CD'nPORATED•' cH..2, = City Attorney . Date ...... 3 Docusign Envelope ID:87C3D565-01E8-47D2-8EF8-DOD1E30AACB5 Docusign Envelope ID 77B5057C-D9E6-4879-8709-751011ADF7B9 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:87C3D565-01E8-47D2-8EF8-DOD1E30AACB5 Docusign Envelope ID 77B5057C-D9E6-487 9-8709-7 51 01 1ADF7B9 RECOMMENDATION 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 Citys 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 Well-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 1588 Docusign Envelope ID 87C3D565-01E8-47D2-8EF8-DOD1E30AACB5 Docusign Envelope ID 77B5057C-D9E6-4879-8709-751011ADF7B9 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$10,000 grant for art education programming at Miami Beach Fienberg Fisher K-8 as part of the City's budget process annually. ANALYSIS The Afterschool program continues to expand and provide enrichment to Miami Beach youth. By engaging students around the subjects of Science, Technology, Engineering, Art, and Math, the Afterschool program aims to spark an interest and life-long appreciation of the arts and sciences in children from an early age. As student bodies change, so do the interests of those student bodies, making it challenging to guarantee the annual use of funds identified for specific programs at specific schools. SUPPORTING SURVEY DATA 49%of residents indicated satisfied or very satisfied with public schools in Miami Beach FINANCIAL INFORMATION Funding approved in prior resolutions. No new funding requested. See Appendix A. Applicable Area Not Applicable Is this a"Residents Right Does this item utilize G.Q. to Know" item. pursuant to Bond Funds? City Code Section 2-14? No No Page 468 of 1588 Docusign Envelope ID:87C3D565-01E8-47D2-8EF8-DOD1E30AACB5 Docusign Envelope ID 7785057C-D9E6-4879-8709-751011ADF7B9 Strategic Connection Prosperity-Be known for(K-12)educational excellence. Legislative Tracking Education and Performance Initiatives ATTACHMENTS: Description ❑ Resolution o Appendix A-Afterschool Reso Tracker Chart Page 469 of 1588 Docusign Envelope ID:87C3D565-01E8-47D2-8EF8-D0D1E30AACB5 Docusign Envelope ID:77B5057C-D9E6-4879-87 09-751 01 1ADF7B9 EXHIBIT A Reso No. Title Amount($) Service Provider 2016-29660 RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE DTI'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 Fienoerg 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 560,000;(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;(III)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$3,600 PER YEAR. 2021-31537 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, N/A Submitted Annually by Young FLORIDA,APPROVING AND AUTHORIZING THE CITY TO ACCEPT DONATIONS TO SUPPORT THE Musicians Unite CITY OF MIAMI BEACH AFTERSCHOOL ROCK ENSEMBLE ENRICHMENT ROGRAM,TO BE UTILIZED BY THE CITY OF MIAMI BEACH'S AFTERSCHOOL ENRICHMENT ROCK ENSEMBLE PROGRAM AT MIAMI BEACH SENIOR HIGH SCHOOL,AND APPROPRIATE THE SAID DONATIONS TO THE CITY'S EDUCATION COMPACT FUND FOR USE EXCLUSIVELY TO SUPPORT THE CITY'S ROCK ENSEMBLE AFTERSCHOOL ENRICHMENT PROGRAM. Pagipagt7130P 1588 Docusign Envelope ID:87C3D565-01E8-47D2-8EF8-DOD1E30AACB5 Docusign Envelope ID'7785057C-D9E6-4879-8709-751011ADF789 EXHIBIT A Reso No. Title Amount($) Service Provider 2022-32064 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, $30,000 Young Musicians Unite,Inc. 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 CITY 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 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. 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 RESILIENCY COMMITTEE,MADE AT ITS MAY 24,2023 MEETING,AND APPROVING 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;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$10,000 GRANT FOR ART EDUCATION PROGRAMMING AT MIAMI BEACH FIENBERG FISHER K-8 AS PART OF THE CITY'S BUDGET PROCESS ANNUALLY. Total Funds for Aftersrhool Programming:$122,525.77 Pag g 724opl 1588 Docusign Envelope ID:87C3D565-01E8-47D2-8EF8-DOD1E30AACB5 Docusign Envelope ID 77B5057C-D9E6-4879-8709-751011ADF7B9 M I A M I BEACH Contract/Document Routing Form ct No. T1 , CMB FROST AFTERSCHOOL 2024-25 Contractor Requesting Department FROST Museum of Science EDUCATION PERFORMANCE INIT. Department Director P;amEllii, ACM Name&5:;:.-^ - DR.LESLIE ROSENFELi r JASON GREEN 194824CA93D744F Document Tiq ) 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 5—Grant agreements with the City as the grantor X Other: .`7`,, • �� (attach memo M additional space is necessary) = , This agreement allows FROST Museum of Science to provide free STEM afterschool programming to students at Biscayne Beach Elementary and Fienberg-Fisher K8 for the 2024-25 school year.Afterschool programming for 2024-25 will also be provided by Moonlighters Inc.,Florida International University,and Young Musicians Unite. 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.In July of 2023 the Mayor and Commission signed Reso 2023-32686 which consolidated all Afterschool Enrichment Resolutions,approving funding 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. Renewal Periods Total Term(Original+Renewak) October 1,2024-June 5,2025 AlkfunchneiliMilt Grant Funded: No - State IIII Federal In Other: t&Funding. ; Bear Annual Cost Accounli"1 Require Enhancement 1 $15,514.40 -eel ' - -' AI- • -tI-IS-it- Yes X No 1.For contracts longer than five years,contact the Procurement Department. 2.Attach a , •*porting 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. City Commission Approved: X Yes No Resolution No.: CC Agenda Item No.: CC Meeting Date: I 2023-32686 C71 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: attached Procurement: NA Grants: NA Budget:Tameka Otto- U0C erea pY. Information Technology: NA Stewart a O S Art Risk Management:Marc 9zeB4A8�e,Ey4es{I Fleet&Facilities: NA IA A Chevalier Y'C 041vtMJJfy Human Resources: 5ED/329874040B Other: NA Docusign Envelope ID:EB481536-4C94-4E42-835F-4A66B255B6D6 a2L - 393 SPONSORSHIP AGREEMENT THIS SPONSORSHIP AGREEMENT("Agreement") is made and entered into as of the 30 day of August 2024, by and between the City of Miami Beach, Florida ("City" or "Sponsor"), a municipal corporation organized and existing under the laws of the State of Florida, with its principal place of business located at 1700 Convention Center Drive, Miami Beach, Florida 33139,and Style Saves Inc. ("Style Saves"),a not- for-profit corporation organized existing under the laws of the State of Florida, with its principal place of business located at 1800 N Miami Ave, Miami, Florida 33136. RECITALS WHEREAS, Style Saves requested an Official Sponsorship (the "Sponsorship") from the City that will enable philanthropic efforts through the basic principles of fashion and supports the 14th Annual Style Saves Inc. Back-to-School Program; and WHEREAS,Style Saves is organizing its Back-to-School Program to aid thousands of students,and their families,with school essentials;and WHEREAS, the Back-to-School Program provides brand new clothing, school uniforms, food assistance,maternity needs,and more at no cost to the students or their families;and WHEREAS, the City is sponsoring the Back-to-School Program to provide a civic and social benefit to the residents of Miami Beach;and WHEREAS,the City received and approved an application,from Style Saves Inc., for the waiver of rental fees for the use of the Miami Beach Convention Center, in an amount not to exceed $19,123, for use of Exhibit Hall A to host the Back-to-School Program,to be held on August 7-12, 2024; and WHEREAS,Style Saves requested a City sponsorship of the Back-to-School Program,in an amount not to exceed$60,000;and WHEREAS, on (DATE), the Mayor and City Commission of the City of Miami Beach, Florida, approved a sponsorship of the Back-to-School Program, in an additional amount not to exceed $60,000 and waiver of rental fees for the Miami Beach Convention Center, in an amount not to exceed 519,123, by Resolution No. 2024-33093, and authorized the Interim City Manager and City Clerk to execute this Agreement with Style Saves. NOW,THEREFORE, in exchange for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,the parties agree as follows: 1. Marketing. 1.1 The City agrees to sponsor the Style Saves Inc. 2024 Back-to-School Program in an amount not to exceed$60,000. 1.2 The sponsorship funds shall be used solely for expenses related to the 2024 Back-to-School Program,as outlined in the Rental Waiver Application("Exhibit A"). 1 Docusign Envelope ID:EB481536-4C94-4E42-835F-4A66B255B6D6 1.3 Style Saves shall provide the City with a detailed final budget and financial reconciliation report within Thirty(30)days following,the conclusion of the event,outlining how the sponsorship funds were utilized. 1.4 Non-Disparagement. During the Term and thereafter, neither party will, directly or indirectly, disparage in writing,orally,or through any form or otherwise bring into public disrepute the other party(and its principals and employees and agents),the Sponsorship,or any of the other party's offerings. 2. Sponsorship Funding Disbursement and Final Report 2.1 Sponsorship Funding. The City agrees to provide Style Saves with sponsorship funding in an amount not to exceed Sixty Thousand Dollars and No Cents($60,000.00) ("Sponsorship Funds"). The City agrees to pay Style Saves in the manner specified in Sections 2.2, 2.3 and in accordance with the Payment Schedule in Exhibit E ("Exhibit E—Marketing, Sponsorship Fees, and Payment Schedule"). 2.2 Conditions for Disbursement. Sponsorship Funds that will be provided in advance are contingent upon the following conditions being met: (i)Style Saves must submit an invoice for the$60,000 to the City no later than fifteen (15) days from the execution of this agreement; (ii) Style Saves must register as a vendor with the City in accordance with the City's procurement guidelines and provide a current W-9 form; (iii)Style Saves must submit the Final Report in the manner specified in Section 2.3; and (iv) both parties must fully execute this Agreement. The Invoice shall be submitted by Style Saves to the City as follows: City of Miami Beach Economic Development Department 1700 Convention Center Drive Miami Beach, Florida 33139 Attn: Heather Shaw Interim Director heathershaw@miamibeachfl.gov City shall pay Style Saves, within thirty (30) calendar days of receipt by the City of Style Saves' proper invoice. All payments shall be made in accordance with the Payment Schedule in Exhibit E,which is attached to and made a part of this Agreement. 2.3 Final Report.Within Thirty(30)days following the conclusion of the 2024 Back-to-School Program, Style Saves shall provide the City with a Final Report.The Final Report must outline all qualified expenses(in accordance with "Exhibit D") paid with the sponsorship funds, and include any and all invoices, receipts, wire transfers and canceled checks for each expense, demonstrating that the sponsorship funds were used in accordance with the proposal submitted to the City. 2.4 Recapture Provision. In the event that Style Saves Inc.fails to meet the requirements outlined in Sections 2.2,2.3,or if the City determines, in its sole discretion, that the sponsorship funds were not spent in accordance with the proposal submitted to the City,Style Saves shall return the full amount of the sponsorship funding ($60,000.00) to the City within thirty (30) days of receiving formal written notice from the City. The City reserves the right to audit Style Saves' records to ensure compliance with this Agreement. Failure to comply with this provision and all other applicable provisions contained in this Agreement,may result in legal action to recover the funds. 2 Docusign Envelope ID:EB481536-4C94-4E42-835F-4A66B255B6D6 3. Fees. 3.1 The City agrees to waive the rental fees for the use of Exhibit Hall A at the Miami Beach Convention Center for the Style Saves Inc.Back-to-School Program 2024,in an amount not to exceed$19,123. 3.2 The rental fee waiver applies to the period from August 7-12, 2024, including load-in and load- out days("Exhibit B—Miami Beach Convention Center License"). 4. Term and Termination. 4.1 Term. The term of this Agreement shall be for a period of six (6) months, commencing on the Effective Date (which shall be defined as the date of execution of this Agreement), and unless terminated pursuant to Section 0 below, will continue until 11:59 p.m. on the six (6) month anniversary of such Effective Date(the"Term"). 4.2 Termination. Either party may terminate this Agreement immediately for cause if the other party materially breaches this Agreement and does not cure such breach within 30 days from receipt of written notice. 4.3 Effect of Termination; Survival. Termination or expiration of this Agreement will not affect any obligations or liabilities accruing prior to such termination or expiration. Except as otherwise set forth herein,each party will immediately cease its use of the other party's Identifiers(as defined below) upon termination or expiration of this Agreement. Sections 1.4, 3,4.3,and 5 through 10 will survive the expiration or termination of this Agreement. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. 5. Ownership. 5.1 Definitions. "Identifiers" means a party's name, logos, trademarks,service marks,graphics,text, and other works of authorship, together with any trademark, copyright, or other intellectual property rights therein. 5.2 Limited License. Sponsor hereby grants Style Saves a royalty-free,worldwide license to use and display provided Sponsor Identifiers during the Term(a)in connection with the Main Sponsorship and the promotion of the Event. Except for the foregoing, neither party will use, publish, or distribute any of the other party's Identifiers other than as approved in writing(email suffices)by the other party. Each party grants the other party a non-exclusive license to use, reproduce and distribute the first party's Identifiers only in the manner as authorized hereunder during the Term. 5.3 Retention of Rights. Each party acknowledges and agrees that all intellectual property rights in and to the other party's Identifiers and other proprietary materials and all enhancements, improvements, and new versions thereof, are and will remain the sole property of such other party. Nothing in this Agreement grants any right, title, or interest in any of the foregoing from one party to the other(except for the limited license in Section 5.2 above). 3 Docusign Envelope ID:EB481536-4C94-4E42-835F-4A66B25586D6 6. Confidentiality. 6.1 Definition. "Confidential Information" means any non-public information provided by one party ("Discloser") to the other party("Recipient") hereunder that is either conspicuously identified as confidential or proprietary or should be reasonably understood to be confidential based on the nature of the information or circumstances of the disclosure. Confidential Information includes, but is not limited to, information regarding a party's or its affiliates' technology, software, websites, pricing, customers, or other business, technical,or financial information (including the Main Sponsorship).Confidential Information does not include information that:(a) is in or enters the public domain through no wrongful act of the Recipient; (b) is or was lawfully received by Recipient from a third party without confidentiality obligations; or (c) has been independently developed by Recipient without access to the Confidential Information. 6.2 Protection. Recipient will only use Confidential Information to perform its obligations or exercise its rights under this Agreement. Recipient will not disclose Confidential Information to any individuals or entities except for its and its affiliates' officers, employees, agents, and representatives (collectively, "Personnel") who have a need to know such Confidential Information for the purposes of this Agreement and who are bound by confidentiality obligations at least as protective as those set forth herein. Recipient shall maintain the Confidential Information in confidence using the same degree of care as it uses to protect its own similar information (but no less than reasonable care), and will be liable for any unauthorized use or disclosure of the Confidential Information, including by any of its Personnel.The protections set forth herein will continue to apply to any particular Confidential Information disclosed during the Term for the greater of five years, or so long as such Confidential Information is protected as a trade secret under applicable law. 6.3 Return or Destruction. Upon termination of this Agreement or at any time at Discloser's request, Recipient will promptly return or destroy all Confidential Information (including any copies thereof)in its possession or control,except that Recipient may retain: (i)any copies permitted or required to be retained under applicable law and(ii)copies in backup or archive media created in the ordinary course of business; provided in each case that the obligations of confidentiality hereunder will continue to apply to such retained copies. 7. Representations and Warranties.Each party represents and warrants that:(i)it has full authority to enter into and perform its obligations under this Agreement; (ii) its entry into this Agreement and performance hereunder does not and will not conflict with or violate any agreement or obligation it has to any third party;and (iii)it is and shall remain fully in compliance with all laws, rules, and regulations, including without limitation CAN-SPAM, and any privacy policies, applicable to its performance hereunder. 8. Indemnity. Sponsor will indemnify, defend, and hold harmless Style Saves , its affiliates, and its and their respective officers, directors, employees and agents from any losses, liabilities, damages, awards, settlements, costs, and expenses (including reasonable attorneys' fees) incurred in connection with any third party claims to the extent based on:(a)Sponsor's breach of the representations and warranties set forth herein, (b) Sponsor's gross negligence, willful misconduct or reckless disregard in performance or non-performance of its obligations and duties 4 Docusign Envelope ID:EB481536-4C94-4E42-835F-4A66B255B6D6 under this Agreement, (c) Sponsor's Offerings or any complaints by any investor or manager (including Sponsor Managers) regarding Sponsor's acts or omissions,or(d)the Sponsor Content. Style Saves will indemnify, defend, and hold harmless Sponsor, its affiliates, and its and their respective officers,directors,employees and agents from any losses,liabilities,damages,awards, settlements, costs, and expenses (including reasonable attorneys' fees) incurred in connection with any third party claims to the extent based on: (a)Style Saves' breach of the representations and warranties set forth herein and/or (b) Style Saves' gross negligence, willful misconduct or reckless disregard in performance or non-performance of its obligations and duties under this Agreement. 9. Disclaimer. 9.1 GENERALLY. EXCEPT AS EXPRESSLY SET FORTH HEREIN, EACH PARTY DISCLAIMS ANY AND ALL WARRANTIES,WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING,WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF THIRD-PARTY RIGHTS. EXCEPT AS OTHERWISE EXPRESSLY STATED HEREIN,THE MAIN SPONSORSHIP IS PROVIDED ON AN "AS IS"AND"AS AVAILABLE" BASIS. 10. Limitation of Liability. IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING,WITHOUT LIMITATION,LOST PROFITS,LOST DATA,OR LOST BUSINESS,EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER ARISING OUT OF CONTRACT,TORT,NEGLIGENCE,STRICT LIABILITY,OR ANY OTHER LEGAL OR EQUITABLE THEORY. IN ADDITION, IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR DIRECT DAMAGES UNDER THIS AGREEMENT,WHETHER ARISING OUT OF CONTRACT,TORT,NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY, IN EXCESS OF THE AMOUNTS PAID OR PAYABLE BY ONE PARTY TO THE OTHER PARTY UNDER THIS AGREEMENT.THIS SECTION WILL NOT LIMIT INDEMNIFICATION OBLIGATIONS UNDER SECTION 8. 11. General Provisions. 11.1 Governing Law. These terms are governed by and will be construed in accordance with the laws of the State of Florida,without regard to the conflicts of laws provisions thereof. THE PARTIES AGREE THAT ANY DISPUTES ARISING IN CONNECTION WITH STYLE SAVES OR THESE TERMS WILL BE EXCLUSIVELY RESOLVED IN BINDING ARBITRATION USING THE DISPUTE RESOLUTION PROCEDURES OF THE AMERICAN ARBITRATION ASSOCATION LOCATED IN MIAMI, FLORIDA. NOTWITHSTANDING THE FOREGOING OBLIGATION TO ARBITRATE DISPUTES, EACH PARTY SHALL HAVE THE RIGHT TO PURSUE INJUNCTIVE OR OTHER EQUITABLE RELIEF AT ANY TIME, FROM ANY COURT OF COMPETENT JURISDICTION. THE PARTIES HERETO EXPRESSLY WAIVE THE RIGHT TO TRIAL BY JURY AND ANY RIGHT TO PARTICIPATE IN CLASS ACTION PROCEEDINGS. In the event that any dispute arises between the parties pertaining to their respective rights and obligation as specified in this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and costs incurred by that party. 11.2 Assignment. Neither party may assign, subcontract or otherwise delegate its obligations under this Agreement without the other party's prior written consent, which will not be unreasonably 5 Docusign Envelope ID:EB481536-4C94-4E42-835F-4A66B25586D6 withheld or delayed. Subject to the foregoing, this Agreement will be for the benefit of, and binding upon,each party's permitted successors and assigns. 11.3 Notices.Any notice required to be given or otherwise given pursuant to this Agreement shall be in writing and shall be hand delivered, mailed by certified mail, return receipt requested or sent recognized overnight courier service as follows: If to Style Saves, Inc: Style Saves, Inc. Rachael Russell Saiger 1800 N Miami Ave, Miami, FL 33136 Email: rachael@stylesaves.org If to the CITY: City of Miami Beach Attention: Rickelle Williams, Director/Assistant City Manager Economic Development 1700 Convention Center Drive Miami Beach, Florida 33139 Email:RickelleWilliams@miamibeachfl.gov Notices will be considered as properly received:(i)when delivered, if delivered in person; (ii)one business day after dispatch, if dispatched by an overnight delivery service that provides signed acknowledgment of receipt; (iii) three business days after deposit in the U.S. Mail, if sent by certified or registered first class mail,postage prepaid,return receipt requested;or(iv)when sent, if sent by email (provided no notice of delivery failure is received by the sender). A party may change its address by providing notice to the other party in accordance with this section. 11.4 Severability. If any provision of this Agreement is held illegal or unenforceable,that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect. 11.5 Waiver. No waiver of a breach of any provision of this Agreement by either party will constitute a waiver of any subsequent breach of the same or any other provision hereof, and no waiver will be effective unless made in writing and signed by a duly authorized representative of the waiving party. 11.6 Headings.The section headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. 11.7 Amendments. No amendments, modifications or changes shall be effective unless they are in a writing signed by authorized representatives of the parties. 6 Docusign Envelope ID: EB481536-4C94-4E42-835F-4A66B255B6D6 11.8 Force Majeure. Neither party will be liable for any failure in its performance to the extent that such failure or delay is due to a cause beyond such party's reasonable control1hich may include, without limitation: acts of God, war, natural disaster, strike, lockout, labor dispute, fire, serious accident, act of government,or epidemics, pandemics,or other public health emergencies. 11.9 Relationship of the Parties. The relationship between Sponsor and Style Saves will be that of independent contractors and in no event will Sponsor and Style Saves be considered in an employer/employee, partnership,or fiduciary relationship. 11.10 Counterparts.This Agreement may be executed in any number of counterparts,each of which will be an original,but all such counterparts will together constitute but one and the same instrument. 11.11 Entire Agreement.This Agreement(including all schedules and annexes and exhibits)contains the entire agreement between the parties relating to the subject matter hereof,supersedes any and all prior agreements, understandings, and representations, oral or written, between the parties regarding the subject matter,and may not be amended or modified except in writing as mutually agreed upon by the parties. 11.12 Recognition. Nothing in this Agreement is meant to facilitate any brokerage or related activities, and in no event will Style Saves pay to, or be entitled to receive fees from, Sponsor for the introduction of, or referral to,any investors. 11.13 Equitable Relief. In the event of a breach of any of the provisions of this Agreement by Sponsor, Sponsor acknowledges and agrees that:(i)such breach is likely to cause significant and irreparable harm to Style Saves and will not be susceptible of cure by the payment of monetary damages and (ii)Style Saves shall be entitled to immediately terminate this Agreement and to obtain injunctive relief and/or other equitable relief, in addition to other remedies afforded by law, all of which shall be cumulative,to prevent or restrain such breach of this Agreement. 11.14 Third Party Beneficiaries. Except as otherwise expressly provided herein, this Agreement is not intended to and shall not convey any rights to persons not a party to this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement by their duly authorized representatives as of the Effective Date. STYLE SAVES INC. CITY OF MIAMI BEACH 1800 North Miami Ave 1700 Convention Center Drive Miami, FL 33136 Miami Beach, FL 33139 By: By: Name: Rac el Saiger Name: `r c. C, r( art--'( Title: Founder Title: r Date: Founder Date: APPROVED AS TO ,--DocuSigned by FORM&LANGUAGE Attested: Attested: d_C a, �I. t14. AR E CUTION !- t AB OBSE4 AFBCF Raffae� E. Granado City Attorney ' Date city Clerk �l. 7 9/13/2024 I 6:36 PM EDT Docusign Envelope ID:EB481536-4C94-4E42-835F-4A66B255B6D6 LIST OF EXHIBITS Exhibit A—Miami Beach Convention Center Rental Waiver Application Exhibit B—Miami Beach Convention Center License Exhibit C—City of Miami Beach Resolution No. 2024-33093 Exhibit D—List of Qualified Expenses for the Final Report Exhibit E—Marketing,Sponsorship Fees and Payment Schedule 8 Docusign Envelope ID:EB481536-4C94-4E42-835F-4A66B255B6D6 EXHIBIT A Rental Discount/Waiver Application tlllIlllAllllil�I rr r",...• MIAMI BEACH RENTAL DISCOUNT/WAIVER APPLICATION On November 9.2018.the City of Miami Beach approved yenta.tee waver glide nes to,the Mono Brach Convention Canter I'MRCC) Inc wader will be admnnstcred by the Ecor,vnc Development Department, when wl review and recommend past Tyc'8 app11aUons to WC Cry of Miami Reach City•,tanager.who wan then make a recommenpanon tO the mayor and City Commissar The rental discount/walver Is specific to room and space rental fees only The event producer/organiter will be solely responsible for any and all other associated MBCC fees as assessed for the event.including but not limited to,audio,visual,utilities,furniture rentals,security,food and beverage,corkage fees,room set-up and cleaning, NOTE: Incomplete applications will not be considered until all requested information is provided An appl-patron received less than 120 days/'our(41 months prior to the event will be deemed a late appacat•on and may not be considered t vents may oily apply within a 180 days resin(6)months prior to the event DATE OF REQUEST-05/06/1024 NAME Of EVENT STYLE SAVES-BACX TO SCHOOL DATE(S)OF EVENT 08/7,8-9/1024(MOVE-IN),(lam(-08/10 11/2024(EVENT).08/12/2024(MOVE OUT,Clf AN• UP) TIME Of EVENT 9am to Spm ESTIMATED ATTENDANCE.15,000 for all days REQUESTED MBCC ROOM(S)AND PREPUNCTION SPACE(S):HAIL A,HALF PORTION NON-PROFIT 501(C)3 ORGANIZATION NAME:(as t appears on Articles of Incorporation) S t YLE SAVES'NC FEDERAL Ma 30-0948238 EXECUTIVE DIRECTOR:RACHAEI SAILER PHONE:786.409.5333 EMAIL rachacle stylesaves.orr,INI 061St YLESAVES.ORG MAILING ADDRESS:1800 N MIAMI AVE CITY MIAMI STATE: Ft 21►COOE:33136 ROAN My 10))-Page 1 9 Docusign Envelope ID:EB481536-4C94-4E42-835F-4A66B255B6D6 TOTAL EVENT ROOM/SPACE RENTAL FEE $67,500 REQUESTED ROOM/SPACE RENTAL FEE WAIVER AMOUNT i::'SOO TICKEI PRICEIS) N/A NUMBER OF FREE OR DISCOUNT RATE TICKETS FOR MIAMI BEACH RESIDENTS.N/A WHAT IS THE DISCOUNT TICKET RATE.IF APPLICABLE N/A PLEASE PROVIDE WHAT OTHER LOCATIONS HAVE HOSTED YOUR EVENTIS)BEFORE ANO WHY THE EVE NI WILL NOT BE HOSTED AT THAT LOCATION UNAVAILABLE DUE TO A BUYOUT PLEASE PROVIDE AN EXPLANATION WHY A MIAMI BEACH HOTEL OR OTHER VENUE CANNOT ACCOMMODATE THE EVENT'UNAVAILABLE OUT TO RUYOIJI PI EASE DESCRIBE THE EVENT,ITS HISTORY,AND THE PUBLIC BENEFIT TO MIAMI BEACH RESIDENTS. CERTIFICATION/SIGNATURE I cent fy that all I,(ormatto^contained It'th'c appi tatlon and attac nine ntt ate true and accurate,and that I am authorized by the appIcant hereto to execute tMt aoplrcn,on Further I agree to Cover aK MBCC out of Pocket costa as outlined in the MBE(estimate attached NAME,_. RACHAEI SAUGER TITLE_,_,PRESIDENT______ .___ l Please P.in t i SIGNATURE __ - _"" OAT('___04/09/2024 REQUIRI0 ATTACHMENTS • A copy of 60'IcE3 terser of detecm+naa ion.dated within the pact Iwo(JI year.Updated Vile,can he oatatned horn the Internal Revenue SerwCe. • Most'event audited nnanpal statement oa IRS Foam 990 • CPA prepared Compilation,Review at'Sodded manual statement for the same petlod as the tone 990 above the hnanrnal statement must include a BaLaoca Sheet,Profit and toss and Statement of Cash Flow • event budget lot the requested discount or wawea.The budget most ditclota all sources and uses of Funds related ICI the event,Innvdttsg the use of the requested cent discount oa waiver • I,at of all coeporatd and private spontorahtps and tn•Und conlalbutrons to be used to the event faarawa matenals lot the sponsorships and In Sind tenvtbuttom must be included SPONSORSHIP RECOGNITION. t a u at womorsh p Ivtgn,t on on a+ media Of p•ntrot am O'attmms'e and le lee Ere^'.II r•a u,nr t0.aitotth p IMcl as nIh,v tpo'ttot,D•ww4.ng 1 nanc-al Of olhet wpWrt coffs011iabia to the(ny's tpuntotship Event Organ Let m I a to lag City en all Trent millet pdtlingl on Sj,tal a-sit battyi•a 11forms it.,retorted'.o it WWOCia'i media Vatlo'mt Event Organurr"t(vent,third pose rigs 0.,i nt`Vdr high ot,al ty tonienl treeVNt In IFe Esnnt and it,targeted audiences Dig NI disc'out postings shall be.(lard.n(n41,04 and Saran Us odwittvet relevant 2 F trot Otter,Ier or.use loge P•oyeee ba(ny bn all(vent retaltd aovM•anE Leo tnoudrl'.Kal telr'ra.on pansies., s.air,al media campaigns,r ado efforts.and'aCa-newspapers 1 A ptomot aria.matrui.:Much'at ado the C Ty t name at ado ,nc,ud rig in.shout,imnaun',advrttung to reacts, tiynale and srletal med-a pohlgahors thaf be kablert roc N SORE wEtHeRgpNc$VOI,hhith approval may he warnrld at CRY s d,terelton Teem Dreamer,SI'ail tease using all laden,t Other City maths spot,In;eep.ralyM d Tne l tern Mddl0raily,CRY ttterve,the right to reOVitP too Ivtnoral of,ls IOROhnath,Inpn any pl0inolt0nal math aIS tn'S paragraph toy,Survirp We erpcaT'on of the Agtetimenl 10Jrir1 ,nil P,ttr) 10 Docusign Envelope ID:EB481536-4C94-4E42-835F-4A66B255B6D6 itrI,"lit ctmu cted 49pbcaporl Yell' lurrc0 auacheR it.s. City of Miami Beath I SS Meridian Avenue,2,Floor Miami Beach.flotida 33139 Email NeatherShawdlimumlbeachfl.gov 'A. eh,q(e,luihr ran at!a.it lh,Telil<aa"N 11<II..rr,trl,dar,al.wen,et!n,,.t ha ep1rolv9 n tat un(o'.ar'o:re evlM ta,iarr,to,tc.e apC'c-,A willr.S,!t'n lentil+a'+at Ike(er:at Waesal A^oc(anoa:ion m:-/mho'-.are Jan V•:e err farndar.ea' rn.l .lu•vec event HSCC rent*t,:,only All r,vM;,n0ll p'o,lae C1,•a1 a7la^,11:4 caul, pnplrj/me,and tereee,end mate mat d.g,pros,,c''the aasn at l•.ibl'ty,rac?o'CIM,C'y.cater,steed,.11t)as:cv relt(.o't•a(e,(cadet e''6,va1 prrlerertte.n,elc.darre ,eft the VI aaa+re anal lnr Canl la Rhn Set of 11E4,the Aad oacrirmat'a All Cl 19l1 a'd'Me for tat 13al41»n Amrrrr'lenq al 19,7 at ,Tre411 111 U$C MCC et✓V I.the A'otls and war J131.30 ea All IA/A)al 199.i and Sell on'{ae,a the Rrhap,hi,i.p"At,7'f a'f 'pw ar 11e0Muer4-•'1nt0Yni atarnn'ed(r the Oh et VW,.Sewn N a,panto' rtadineoiy'4(0,.'ni re oratl.l(and p..a•.fay natetl.yaA wr/a. tumnerinra.,^d n,arlaiw(nVtaru{ •With:rr c.ppert of tar Clv of foam Ifeeme'Fa Ive to ntl..V lea pearl•„e anJ/or',>(..oat'..ail.o rvnotato al ele FOR MSCC ONLY: OATE(S)OF EVENT AVAIUIBLL Y / N TIME Of EVENT AVAILABLE: Y / N I'(IA rt itsl inturrni Provided Form 990 signed by an entity uffci,rr,not dated more than one year,and has an affirmation for t`e oreparer that it hat been timely bled with the Internal Revenue Service "•oveted(VA prepared Compilation,Review or Audited financial statement for the same period as the for m 990,above. The bnanclal statement must Include a Balance Sheet.Profit and Lon and Statement or Cash / F!a•w V pmMded the men(budget for the'mutated discount or waiver The budget mutt disclose ail sources and Y / use;of funds related to the event,'ncluding the use of NW reouested tent dIScount Or wd ver OISc'Ose all corporate and private sponsorsh'ps and in-kind contributions to toe veil for the['vent bock up materals to the sp0nsoisnips and in a ro Conti.buttons must be Incuded Vent Community Impact Crllerly.FRF C9B$409L'019n Feint a melte countywide fp.'Ciel event ._ Event demonstrates'nol.ty 1 rppm night generat.on In M'dml death hotels (vent n ploeuced by an organuat•on based'n Miami Brach or preendes most sniv'res to the ret,dents of Mlam'Beach _ H a ticketed evens.the event prosedes free entry or a discounted rate to Miami Beach rev dents,students. aril/n'Lemon C.*L ada.aenAt Aemonu rated nn other venue is available dun to cue _.,. M.1110nclfated pr!' OU$venues utlhfrd fee event are not suitable or available 5. r3.2 Oat,'Approved/Denied Sta tnitiats URaa:r.s idly tail >aa1 3 11 Docusign Envelope ID:EB481536-4C94-4E42-835F-4A66B255B6D6 Comments:City ManaleCiAprovaydecllne date: friai— /44`vtL tifi;, City Commission approval/decline date: -/ upuecY idr 7A)t Pre 4 12 Docusign Envelope ID:EB481536-4C94-4E42-835F-4A66B255B6D6 stylesaves 05/01/2024 Dear Office of the Mayor and Commission, Subject Funding Request for Event Infrastructure Miami Beach Convention Center Wo are excited to present to you a comprehensive funding request for the essential infrastructure and support services required for our upcoming event.We have planned and budgeted for various items and services.The breakdown of the required ferns and associated costs are as follows: 1.Air Conditioner-$36,000.00-24 hours for 5 days($300 an hour) 2.Air Wall Panels-$500.00•For the hall. 3.Cleaning/Housekeeping-$2,232.00 for 4 housekeepers for 2 event days 4.Key l ocks-$50.00 Includes 2 keys for security purposes. 5.Lights-S3,375.00-9 hours a day for 5 days to ensure adequate illumination. 6.Security-Overnight•$3,720.00 Includes provision for 1 guard,day and night,to safeguard inventory. 7 Security-Event-St,674.00 Allocation for 3 guards during event days to ensure participant safety. 8.Recycle/Trash Hauls•6825.00 Allocation for sufficient trash hauls during the event duration. Total Add-on fees:S48,376.00 Event Foe:$19,123.00 Total Event Fee:$67,499.00 These costs have been calculated based on industry standards and experience of our event.Your support in funding these crucial aspects will greatly contribute to achieving our obloctrvos. Thank you for considering our request.We look forward to your favorable response. Sincerely, Rachael Saeger, President-Style Saves Inc 13 Docusign Envelope ID:EB481536-4C94-4E42-835F-4A66B255B6D6 EXHIBIT B Miami Beach Convention Center License LICENSE AGREEMENT MIAMI BEACH CONVENTION CENTER THIS LICENSE AGREEMENT ithe Agreement')s made area ente'ed into Pus 70"day of Jane 2024.by and between Gabel Spectrum.L P dib•a 0V0300 Venue Management!licensor'),as agent on oehaif of City of Miami Bead..1N0'Ow•ne").raving an ofkx at 190,Convention Center Drive.Miami Beach Ft.33139 and Style Saves Inc (Licensee')hav,ng an address al 1800 N Miami.Ave.Miami FL 33136 WHEREAS the(Tuner owns the Miami Beach Convention Center one Center I rotated:n Miam•Beach Ronda ann has nngageo Lieeeso'l0 manage and operate the Center on the Owner a behalf,and WHEREAS Licensor is authcnied to enter convects on belief of the Owner roe use o'space within the Center.Licensee desires to license space within the Center and I icensor agrees 10 license such space.ander and su'ryect to the terms and conditions set foii•h herein. INTENDING TO SE LEGALLY BOUND,IN CONSIDERATION OF THE MUTUAL COVENANTS AND PROMISES CONTAINED HEREIN,THE PARTIES HERETO AGREE AS FOLLOWS: Specific Terms of License Portion of Facility I License Period • Days of the Usage LlcenR Fee • (Premises) } _ Week Hoff West Portion CBR-veve4(Ian•I Wed.Fri {Hare in !.519.123 of I OS.'t0.1tr202a Set•Scn I Show Hall A 4 08l120024(11 59pm) Mon 1 Move out Rale based on lee of$t9,123 I . A EVENT DESCRIPTION' Style Suvea-Back to School eApec:rEpATTk,N AhhQ1 I5.000attendees i1 DEPOSIT $ 19'23 00 Space Rental License Fee to.Hall West Portion of Hall A Si B 123 00) City of Miami Beach Waiver Apphao $ 000 TOTAL RENT Licensee will need to remit(1)copy(original or PDF)of the unmodifedtunaltered signed license agreement by June 21,2024. [Q40-�_��v�RAGE Sodom)Live authortZes exemptions for Style SaveS•Back to School scheduled'or August 10.11.2024(show days) this rh:nyr scion is a one-bme encephon for the specified event. • Modihcanon of sarrtping podues being in reiatior to tree nature a`the event • 'Medication of samptng puacrrts lairs hg saes from 2 ources to 3 ounces per item • Modification of epplicsble buy-out lens allowing d stnouhon of bottled water and soh dnnks,at no charge to Mu evrvil Style Saves-Back to School is requiem to provide COI following Simeon Live ma•,mium cnveragn and additional insured requ romenrs. SP41AL CONDtT'ONS Phase note acidifiers+needs such as food and beverage labor parking egolorneni Internet and audio visua,will be additional merges plus tau arid service(eos C e8eve 41LYI5r99 All equipment.budd!ng services anti tabor leeward rpr Ire event will oe called at prevailing'ales per the Event Planning Guido and a payable(tOt days prior to the event.All additional charges for equ-pr•em and building services incarred during the even)w.(I be payah e at settlement for the even' 1 i i 1 14 Docusign Envelope ID:EB481536-4C94-4E42-835F-4A66B255B6D6 • u gCludarent Weeding rooms used br non-exhibit functions Include a compidnenlaty dme•tatw Set of tables,Chats,oSef. podium(inventory permdfimg)Any cnanges,resets or addq,onal equipment own oecharged at this prevetbng rates per the Event Planning Guide THE ABOVE TERMS ARE SUBJECT IN ALL RESPECTS TO THE GENERAL TERMS AND CONDITIONS ATTACHED HERETO,WHICH ARE INCORPORATED HEREIN AND MADE AN INTEGRAL PART OF THIS AGREEMENT. IN WITNESS WHEREOF,' a endorslgeed P.avo duly executed tins Agreement by trete authorised representatives on this dale set forth below Licensor -ILEA See GLOBAL SPECTR M,L P., Style Saves Inc. DIBIA OVG380 V MAN).GEfMfNT As Agent By Name Freddie Peterson Haire Ms.Rachaet Satger Title General Mona er Tile President I I Date r97 _ ..__.-__. ()ate _OS/24/2024 • II.GENERAL TERMS AND CONDITIONS I. Great of License'Premises. Sutter'to the tends and conditions home sot kilt t cmisnt Itcleby grants In Ucenscc pro,gnl and han-SO b use inn roomslspaco described in Section I,located within the Center(me-11emises'1 for the limited purpose of hotting thte event aescnbed en Section-.tine •E•arnl•l and not nor any deer purpose I.wansec Shah not have access nghls or privileges in of to any other part of the Center besides the lAverises except for the privilege of Ingress and egress thraugn the public corm:lois In the Center,on a non-exclusive tests.as nerves:11y to utilize the thrennner times aerated alherwito wiring by Licensor.!ha Event is by•evitatipn only'and will not be open to the pubic. t DAtei of Use Unless this t icense Agreement(the Agteeieont1 is earlier telminsled pursuant to the ptnnasmns hereof Licenser grants to Lxxtnsee Me •giil In use flee Prnnoses for the Poem on the deters)and Iano(sl set forth n Se ikon I.(the Term•). The Tetm may not be extended by Lconsca wilt w;l cotaming Licensors peer Millen permission Iwluch pr;ln•aasion'nay b:withheld in I Ir.Dnsatr s See dtsareoni In the event pie Term is esleeded eutsuanl in Imo proceeding awlvrce licensee shalt be respanslbe tor any additional lees and costs required try Licensor m connedton tterewah 3 Puttee of Weariest(. Except as may be otherwise specified,n Section F. I tomisre shalt.at Me WIC cosi and coontu of i teenSeC.(Ornate(Sr mule in he provided),any end ad personnel as may be required by.icensor 1m its sole dlscrelian)to property staff the Center for Me Event and for the proper and sob presentation of Ow bort.Including without linatellon teOrsrNnnfl to ttowd twice rest till E101).r'c personnel.beeye UWCkerS superISOrS.Iarniouar staff. tetocemmunications stall,inlernet technelegy stelf box office staff ticket takers concession and catering.stars and caner nedeslary support services custoniamy provided try I censor lo•a like eve re,as applicable and additional items,equipment.personnel and services(such ac telephone.infernal and other fences and utelone)arum Licensee requests In be provided n connective,wet too FoUn t or4 whirl`L coma),Is reaaomatey able In provide.all of wh(h Shall to sit bract le the approval or Licensor .I Is understood by Licensee Mai services..abdr and equipment wAl be;resided only to ate extent of existing available'nven!nfy and in:'en sake dean of na+er Center events and arkveies • 4 NOC-Retllndeefe Qeocolt A nonde/undable do past in tee amount set form in Section I C A due and payable la Licensor according to the payment ichediue set forth.n Seaton.(: Shop deposit shall be credited le the„cerise Full Ord reevbvrsabiu expenses described below I csnboe shall not be entitled to the payment of any interest sxheliheve!On me depoas paid!o Licensor this depose I non fndundatre w 1110u1 regard la auretner Licensee mates use of the Promises if the den OSIt CO.any portion thereof:is not paid on or before(no due dates)specified in i C ubensor may terminate us Agresma^t m Ss sole atseretce by providing w.Mten notice of termination to I'cense. Any suon terminator shoe be,n addition to any other right or remedy available to Lirrnsor at taw or m egt.ey an sing ou*,sign breach ey Licenses,including I mentors ngnt to recover damages.Thin section SJa ea to sac er.to Fbnee C License firs In cntgiNerehW,of the finesse granted hereunder licenwe esree to pay to ucanea(I)a license lee In nee siwoc.+i sal firth.n Cieelten I plus fii)re mbursetnent In,arty and all costs atcurted by Licensor.n connection rant 1 irditxe0 s us t of the Premises.nclude.9.without Ilmna!ion costs flout • • • • 15 Docusign Envelope ID: EB481536-4C94-4E42-835F-4A66B255B6D6 I , for Me plm*sten of the;lams setteeet and dersremeteeswlbnd in Soclion 3 above Unless°Mi o;so set nun in Section I F. nil such fens s^aa bn paid by Licensee poor WO*Foetal.artofdlnp to the sd1edd'0 seat Firth m%dion 1 C.M"y adddanal casts oilatig In change;Ill he eventreeuifeunsnts 0t$aT,.mieci oteeM.5e agreed to LWnnsoe.be paid by Licensee and billed In Cal stitlomonl In Mu mood Ur n.al'ails le tom l payment when due of and anantore due vaer0a shall arsenic net sect.OWedle amount.al tam late of 1'/I V.per month(Id%per annual),er ire mlxlrnum rale peemeled by law.enlcflosel le flu Unless olnenwse agreed by 1.censor payments snail be made by honey aner wire Inmate,.Or edged anent; 6. oalay ooy Poaaa0lere A n ih.e ever!t wrens./i5 not able to tender po5SeSsnA of Lee Pronusoh le licensee beseuse Many dolly.Men ad In ty:U SW.inability cp^Imues,Ue 1,Irnnre tie abaft be reduced pro-ratably !.Irene'shall aims be sable to pay any and all Coals Incurred by Licensee Irchrdmg but not smiled Io.pe1SOnn.d overtime e:ltls as a result of i icen'y'I'o inabhly to lender oosseas.e'se the Promises 6 Should Licensee all In vacate and eerr0naf0r Ina Plafmses or the end at Inn License`'oncel..',ar mee vial pay to the Litens°,$500 00 Oar oar,per nog'for use and occupancy lei that portion of the°,emeus That has Oct been vacated and surrendered F.+char the Licensor may remove anc store se goods and chapels at the Cole expense Id the Licensee and may impose of any such propeny A.alter Me expiration of five calendar days,Ma f0CNls00 has 154.a1 to l'rhAre Me propn/ly I'om Irle possession of the itte"era 'he I ic015ne shall riot be'able to.'he 1 ldeosee on:immune of So ringeng etoiln0_nr dialardme of any pac0e.ly as prowled by this Seaton end licensee shall aave and hold Licensor hetmless horn any Utility Irvin another I nonage who s pommeled Nam one opying leer licensed paten of Ice Ron,*due le t e holdl^0 avci of me Licensee feoy and Beverage t,Censor sloe have the ear/vals•O rlghi t0 prorate lam and b1vemge 00001as•n cllnn001O0 wen tray Sneer pang 1neo,,g'1 Ole Center's lnnvacted rood and Wvsraye provider.SOaeeo Loa LFS6 Provider'). No othe'red Moat or n.ganlzaa0n is permitted to bring load or beverage crc0..rls ale the Center volhool me erfaess wee,consent nl l censor n. $,pgnt K0Ouleamonht l irdnsoe snoa preen In L.cnnsOr an 00r0Ssary 101..11 Ins1rt1111005(piesollrel,edoloramat wag OS layout,etc'r for rep F•M,nl 110 lacer than sixty tC(al days pnoe to me rnmme,cenlanl of Me Iron tat it ells Agreement Is emanated and delivered:eve roan sixty(60)days hem tree uinlmenrelnent of the term,Men itemed'emy upon execution her1Mtl %far Msirecbone Shea Include a copy of a toll arq annotate door plan for any e+lale i et the Even! !1 such Inslioclons are not provided In Licenser by such date.or-11 hange5 are made to Sac^osolrod 011S alter Mey eerie been Welded 10 Licensor and Licensor incurs additional cools or expanses as a resell of sue mange',Lnansee snail be meponslelo Me Sylil add111e0a1 DAIS and expenses al•mentors PlevaliMg ellen.No seSup of any exmeet5 may begin w011ny,0.Oo1 01 approval al such don:plan by trill'ire marshal or the:Any(li Cetimy In wn.cn Me Comer is located,as asap.cable.and by Me LmerbOl il yefdsIno.and PrOMollran. Licensee shalt not p..hrme Or booed to be aubhcleed.lee Lvene pore to exeMien Of 105 Agreement by License: L canoes re.era Ms Mal all advertising of to c vent.vdl by aCcurole led truthful and veal m-iode accurate ntormmeon of evor'limes and 11r*tel paces(ifappbcalblet At advertising of'sit vent Pug be subecl to tea pane written eppovnl of LIIC+ISol ereerc.thaen0gne,0ve050neblywrIPMetel Al tainted bre1Ol:aal ma!1v,Idle OS Su0I.aled with Me t ueni Snag Jar the neksal Maley name L{6nber re0Oryes the nghl to display or sell.wdnauf sedation.advertising and prOmoticessea inane about the Comm,den 1o'eta.'au•melee from such ddpley dt Sate i wc0rsee Snail rim in terfere with.Muc`l n1n•nvr;v olnew.Is1 disturb acre 9,fr'.q e'plomploMs wdnm Ot;Mod Inn Sorter wr1Qul the once welter,consent of Licensor Signs corlalnmg reenn.eetat ee spneserao edremsing messages must be approved in advarra mwrie'g by 1.I'enaiv I.v .150*agrees to open the evert fo the cream in accordance a 0h advert we Owns and 1.compltanra with Center polices n USaeeai.Parrnga ..'yeses shin sone-e 0°.to commencement of lee Terns at licenses,pounds are approvals the;rosy be featured to 000110010n wan,be.se cf Ins Porn,.4s for the Event nielr011g without londatgn those remare l by eminences Ades find/Or rfgalabo*r M g0verontertal aufrgraas end a,licenses'equlled by any cerb•mine arts secedes such as MOM,or Chit col muse,or other oapyr greed worn to oe utihae0 Cl displayed at the Event. 111nr.0ed.raweuel Llceilsee slat III be,00u•ed In secure any permits for Ibe genera;occupancy of the Center a:any music Menses Non SF-SAC(cact,of which has loenroasly been Secured by LI0@nadr a can UWner) licensee shed defend,remerry:dy end Raid eyeless License`are Inc Owner hem any J0d au darns fens.expenses..cost*or damages,,rc100.eg'easorable attorneys lees are court c0515.suffered er Incurred by solo oan'ea M comsat/ion won any breach ul eels paragraph 1 i Insurance A (Qi0.fy0 unease°shill detain at es own ones and expense,with indwance compares currently 1a1oo A vl.1 or better co dents ley Rating(guide COmreel oat serene 1aetley nnlaarafcl'that Msores all epHO11d^5 Of t icerSee ConleMplaled by IMs Ageeemenl Such MS,lnlsre Shall name Global Spectrum L P and the City or hbarm Beach as adddl0n0i insureds Such insurance sewn be unease min a Mot o)et''ea51 One UNion°olers tit 00n e30)per oe0urrenCe COmebled simile emit its bodily meaty,teepee,damage and personal teary CR-ammo snail also ensnarers at as own Mar and expense•'Mitt mwrance compaoes ourrendy tales A VW or better by h eits icy Mating Guide.coinmelc.5:si.tomabie tamely Insure lee.l0f0J0rq°overage for Nit operation 01 owned.maw.heed and non-owned vansays,In the rrlrmrvm amoanl of 0O0 Milton Couars it1.000.000)pit.accldlm(Rand PO IUmhined sngle anal) doe,,ennerereW genera;liability,Osnlance final be prenery to and Ma COMM:ulnry win soy n\yttren.xe coverage or see ensured pmprem ot'..censor and I heeler and trier insurance snarl nave no eight of recovery or subrogation ageasl the Licensor Licensee Mall also ma*etaei.Y.115 owe c v.t rind expense.wolle14.COMO viaadOrt sisolancr m fcspea 010 emphlyees and any bernmed.bawd ei other pe'so1l to venom st.ch cempen0abOn may be payable by Licensee 6 cltamptaaf ("medicate!ev100ncmg insurance required p1.15uan110 IP.%Seaiml a I Snail be pfovme0 10.,gene0r not ems than Wily 1301 days pool le corirmenteMent elate Term,mewled that if Ina Agreemeist is 000001M and agave/an lase oven Cony(301 days poor to the teen,bra rerencates Pisa be yn.Ided Mlmed.aI.rfy Open aroruilon 011Fa Agreolnprl The polices shall also per de,sod Me emanate Will so nate that ate coverage may net Se cancroid or Inal a mete'charge in i overage may not ee implemented welted al•all Inirly(3(1)day;pram emcee owe given 10 1.0)11S0r tedsmellv:11m14pon On Liability A 0O1gfr_ aa5'! !,0115Ed hrmby ewers to Indemnity.1e1a'd,and nnfd na1 bless L.<ensor it'd MO Owner ann Mee respeftloy o6hgats 011001s.de,Clogs.agents,employees.SucCeSeors and asn1ns h1n1 oils alleni'v..,and all.5am.5 damages menses veshf(nrA.dnq wmrod Nmguttnai 'tra.smneble altamoys''vest and Ilaola-es l00rlecnvo'y Claims)e•sM•1 or alleged la APIs a'Om eII any breath stills Agree/nen!by licensee,nil any enacted o' :elan violation or 1Mnngemenl by I.nvn1011 ur Its entployev5 Nerds or:nfll afias al any eoo'yrirpii or other stoneltleal properly tight al a Mel early in eomleCSOn vein the Ever*or at.1M1tee OOCu Mg el the Event,lee the Itch ervlpanty nr Me Confer by l.I1 eiteern.its eanployenn.agen!s contractors exhibitors Mvllee5 iluosi5:n patr0es 1.0100ing.NMIo'al;siltation,any 1elonavlansielatrd Claims that may be asserted(III 0000:tion'nith 111e woe✓ occupancy el Me Comae w.tnow regal le wheitml LV ens'of Ormrl Is.dn:geat to hoar been nm)egerl...whole o•a:pdrl)alai(wi ate eats of SMasoiono Or vnvalnll of any vane:Mon saw,Ilan iegilal5)n a'erth'r,n(0f by Llc,:nti u or city of Its omployh'^a aeonts,:ontlulnrs.0eniblblh.,(writes g1l•'e15 or 16 Docusign Envelope ID:EB481536-4C94-4E42-835F-4A66B255B6D6 RESOLUTION NO. 2024-33093 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING (1) THE REQUEST FOR A WAIVER OF MIAMI BEACH CONVENTION CENTER RENTAL FEES FOR THE STYLE SAVES INC., IN AN AMOUNT NOT TO EXCEED $19,123 FOR USE OF EXHIBIT HALL A, FOR THE STYLE SAVES INC. BACK-TO-SCHOOL PROGRAM 2024, TO BE HELD ON AUGUST 7-12, 2024 AND (2) A SPONSORSHIP OF THE 2024 BACK-TO-SCHOOL PROGRAM IN AN AMOUNT NOT TO EXCEED$60,000;AND FURTHER,AUTHORIZING THE INTERIM CITY MANAGER AND CITY CLERK TO EXECUTE A SPONSORSHIP AGREEMENT WITH STYLE SAVES INC. FOR THE BACK-TO-SCHOOL PROGRAM, THE TERMS OF WHICH SHALL INCLUDE SPONSORSHIP FUNDING IN AN AMOUNT NOT TO EXCEED $60,000 FOR THE 2024 EVENT; AND FURTHER, WAIVING, BY 5/7TH VOTE, THE REQUIREMENTS IN THE CITY CODE TO REFER SPONSORSHIP AGREEMENTS TO THE FINANCE AND ECONOMIC RESILIENCY COMMITTEE. WHEREAS,the City has received an application from Style Saves Inc. for waiver of rental fees for the use of the Miami Beach Convention Center; and WHEREAS, Style Saves Inc. Back-to-School Program aides thousands of students and their families with school essentials; and WHEREAS, the primary goal of Style Saves, Inc. is to provide youth and their families with essential goods to increase academic achievement; and WHEREAS, the Back-to-School Program provides brand new clothing, school uniforms, food assistance, maternity needs and more at no cost to the students or their families; and WHEREAS, Style Saves Inc. reaches more than 150,000 students and their families, and has a global impact providing relief efforts in Colombia, Guatemala, Haiti, and Honduras; and WHEREAS, the Back-to-School Program will be held in Exhibition Hall A of the Miami Beach Convention Center on August 7-12, 2024, including load-in and load out; and WHEREAS, Style Saves Inc. requested that the City waive Miami Beach Convention Center("MBCC") room rental fees in an amount not to exceed $19,123; and WHEREAS, Style Saves Inc. request that the City sponsor the Back-to-School Program in an additional amount not to exceed $60,000; and WHEREAS, the Style Saves, Inc. Back-to-School Program provides a civic and social benefit and satisfies the MBCC rental waiver application criteria by providing a resident community impact by delivering services to the residents of Miami Beach. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby approve (1)the request for a waiver of the Miami Beach Convention Center rental fees for The Style Saves Inc., in an amount not to exceed $19,123 for use of Exhibit Hall Docusign Envelope ID:EB481536-4C94-4E42-835F-4A66B255B6D6 A, for the Style Saves Inc. Back-to-School Program 2024, to be held on August 7-12, 2023 and (2) a sponsorship of the 2024 Back-to School program in an additional amount not to exceed $60,000; and further, authorize the Interim City Manager and City Clerk to execute a sponsorship agreement with Style Saves Inc. for the Back-to-School program, the terms of which shall include sponsorship funding in an amount not to exceed $60,000 for the 2024 event; and further, waive, by 5/7th vote, the requirements in the City Code to refer sponsorship agreements to the Finance and Economic Resiliency Committee. PASSED and ADOPTED this a4 day of 7-414e 2 24. • to en Meiner, Mayor ATT � ItJ! Rafael E. Granado, City Clerk APPROVED AS TO `B, c', FORM & LANGUAGE & FOR EXECUTION `.IN[ORIORATED; _ ro2F/�ut- .... ... .°� City ttorney Date Sponsored by Commissioner Alex J. Fernandez Co-Sponsored by Mayor Steven Meiner Co-Sponsored by Commissioner Tanya K.Bhatt Co-Sponsored by Commissioner Laura Dominguez Co-Sponsored by Commissioner Joseph Magazine CO-Sponsored by Commissioner Kristen Rosen Gonzalez Co-Sponsored by Commissioner David Suarez Docusign Envelope ID: EB481536-4C94-4E42-835F-4A66B255B6D6 Resolutions -C7 I MIAMI BEACH COMMISSION MEMORANDUM TO: I Honorable Mayor and Members of the City Commission FROM: Rickelle Williams, Interim City Manager DATE: June 26, 2024 TITLE: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING (1) THE REQUEST FOR A WAIVER OF MIAMI BEACH CONVENTION CENTER RENTAL FEES FOR THE STYLE SAVES INC., IN AN AMOUNT NOT TO EXCEED $19,123 FOR USE OF EXHIBIT HALL A, FOR THE STYLE SAVES INC. BACK-TO-SCHOOL PROGRAM 2024, TO BE HELD ON AUGUST 7-12, 2024 AND (2) A SPONSORSHIP OF THE 2024 BACK-TO- SCHOOL PROGRAM IN AN AMOUNT NOT TO EXCEED$60,000;AND FURTHER, AUTHORIZING THE INTERIM CITY MANAGER AND CITY CLERK TO EXECUTE A SPONSORSHIP AGREEMENT WITH STYLE SAVES INC. FOR THE BACK-TO- SCHOOL PROGRAM, THE TERMS OF WHICH SHALL INCLUDE SPONSORSHIP FUNDING IN AN AMOUNT NOT TO EXCEED$60,000 FOR THE 2024 EVENT;AND FURTHER,WAIVING, BY 5/7TH VOTE,THE REQUIREMENTS IN THE CITY CODE TO REFER SPONSORSHIP AGREEMENTS TO THE FINANCE AND ECONOMIC RESILIENCY COMMITTEE. RECOMMENDATION The Administration recommends the approval of the resolution and authorization of Miami Beach Convention Center rental fee waiver for the Style Saves Inc. Back-to-School Program 2024 and sponsorship of the 2024 Back-to-School program. BACKGROUND/HISTORY In November 2018, the City of Miami Beach established Miami Beach Convention Center ("MBCC") Rental Waiver Guidelines including an application, review and approval process. The waiver is administered by the Administration, with a recommendation to the Mayor and City Commission. The rental discount/waiver is specific to room and space rental fees only. The event producer/organizer is solely responsible for any and all other associated MBCC fees as assessed for the event, including but not limited to, audio, visual, utilities, furniture rentals, equipment, security, food and beverage, corkage fees, room set-up and cleaning. MBCC rental waiver application documents and requirements include, but are not limited to,proof of not-for-profit status, recent tax returns, and additional sponsors. Additionally, the event must be either a major countywide special event,demonstrate priority 1 room night generation in Miami Beach hotels, be produced by an organization based in Miami Beach or provide most services to the residents of Miami Beach. If ticketed, the event provides free entry or a discounted rate to Miami Beach residents, students and/or seniors and the City receives sponsorship recognition. The City received an application for a rental fee waiver, from Style Saves, Inc., for the use of the MBCC. The application has a resident community impact and/or a civic or social benefit to the residents of Miami Beach. The Style Saves Inc. is a community of creatives who are committed to engaging with the next generation of leaders through the basic principles that fashion can uplift and be a catalyst for Page 458 of 1862 Docusign Envelope ID: EB481536-4C94-4E42-835F-4A66B255B6D6 good. Style saves directly aids thousands of students and their families with school essentials, brand new clothing and school uniforms, food assistance, maternity needs, and more, all at no cost to students. Their efforts have reached more than 150,000 students and their families, and the global impact has provided relief efforts in Colombia, Guatemala, Haiti, and Honduras. ANALYSIS The Style Saves Inc. mission is to provide youth and their families with the essential goods to increase academic achievement. Knowing families are dealing with the difficulty of consistency, Style Saves has a private label line and currently manufactures backpacks, school supplies, pants, polo shirts, belts and sneakers to provide high quality product for students and ultimately reaching more children. Through purpose driven, experiential moments, including the Back-to-School event, mentorship programs and fundraising partnership,they have formed an alliance of dedicated thought-leaders who stand firm in the powerful connection that can be made when fashion meets philanthropy. The Back-to-School program, in its 14th year, sends 15,000 students throughout South Florida back to school in August with necessities for the upcoming school year. The annual event extends its support to various beneficiaries, including children living in migrant camps, homeless shelters, organizations, and foster care across South Florida. As proposed,the Back-to-School program will be held in Exhibition Hall A of the MBCC on August 7-12, 2024, including event load-in and load-out. Style Saves has requested that the City waive MBCC rental fees in an amount not to exceed $19,123 and sponsor the event in an additional amount not to exceed $60,000 for services such as audio, visual, utilities, furniture rentals, security, parking, food and beverage, room set-up and cleaning. Style Saves has satisfied the MBCC rental waiver application criteria by providing a resident community impact through its delivery of services to the residents of Miami Beach. SUPPORTING SURVEY DATA According to the 2022 Community Satisfaction Survey,only 3.9%of Miami Beach residents polled listed the Miami Beach Convention Center among the City's facilities or landmarks that they visit frequently. Of the polled residents, 39% have never visited the Convention Center. FISCAL INFORMATION The waiver, if approved, is valued at$19,123,and reflects a loss of MBCC revenue. The sponsorship is valued at$60,000. Amounts(s)/Accounts(s): $79,123 CONCLUSION The Administration recommends the approval of the resolution and authorization of the MBCC rental fee waiver for the Style Saves Back-to-School Program 2024 and sponsorship of the 2024 Back-to-School program. Applicable Area South Beach Is this a "Residents Right to Know" item, Is this item related to a G.O. Bond pursuant to City Code Section 2-17? Project?, Page 459 of 1862 Docusign Envelope ID:EB481536-4C94-4E42-835F-4A666255B6D6 No No Was this Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481, includes a principal engaged in lobbying? No Strategic Connection Prosperity—Balance resident'quality of life with tourism and special events. Legislative Tracking Economic Development Sponsorls1 Commissioner Alex Fernandez Mayor Steven Meiner Commissioner Tanya K. Bhatt Commissioner Laura Dominguez Commissioner Joseph Magazine Commissioner Kristen Rosen Gonzalez Commissioner David Suarez Page 460 of 1862 Docusign Envelope ID:EB481536-4C94-4E42-835F-4A66B255B6D6 stylesaves 05/01/2024 Dear Office of the Mayor and Commission, Subject: Funding Request for Event Infrastructure Miami Beach Convention Center We are excited to present to you a comprehensive funding request for the essential infrastructure and support services required for our upcoming event.We have planned and budgeted for various items and services.The breakdown of the required items and associated costs are as follows: 1.Air Conditioner-$36,000.00-24 hours for 5 days($300 an hour) 2.Air Wall Panels -$500.00- For the hall. 3.Cleaning/Housekeeping-$2,232.00 for 4 housekeepers for 2 event days 4. Key Locks -$50.00 Includes 2 keys for security purposes. 5. Lights-$3,375.00-9 hours a day for 5 days to ensure adequate illumination. 6.Security-Overnight-$3,720.00 Includes provision for 1 guard,day and night,to safeguard inventory. 7.Security- Event-$1,674.00 Allocation for 3 guards during event days to ensure participant safety. 8. Recycle/Trash Hauls $825.00 Allocation for sufficient trash hauls during the event duration. Total Add-on fees: $48,376.00 Event Fee:$19,123.00 Total Event Fee: $67,499.00 These costs have been calculated based on industry standards and experience of our event.Your support in funding these crucial aspects will greatly contribute to achieving our objectives. Thank you for considering our request.We look forward to your favorable response. Sincerely, Rachael Saiger, President--Style Saves Inc Page 463 of 1862