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Agreement between CMB & Snap Miami LLC
Docusign Envelope ID:7D3FAD4E=07BC-4AAC-A9DE-F8CF6B66F7FE 20�1 3 L� B Docusign Envelope ID:OCD909FE-E507-4813-A356-1753DAE9FA26 AGREEMENT THIS AGREEMENT is made and entered into as of this 2024(the Effective Date,which shall be the date this Agreement is fully executed),by and between CITY OF MIAMI BEACH,FLORIDA (Hereinafter referred to as.CMB) a body corporate and political subdivision of the State of Florida, whose principal place of business is 1700 Convention Center Drive,Miami Beach, FL 33139 And SNAP Miami LLC (Hereinafter referred to as SNAPOLOGY) a Florida Not For Profit Corporation whose principal place of business is 1331 Pennsylvania Ave#7, MIAMI Beach, FL 33139 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 SNAPOLOGY,CMB seeks to combine its resources with SNAPOLOGY 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: Docusign Envelope ID:7D3FAD4E-07BC-4AAC-A9DE-F8CF6B66F7FE Docusign Envelope ID:OCD909FE-E507-4B13-A356-1753DAE9FA26 ARTICLE 1 —RECITALS 1.01 Recitals. CMB and SNAPOLOGY(individually,a"party"and collectively,the "parties")agree that the foregoing recitals are true and correct and that such recitals arc incorporated herein by reference. ARTICLE 2—DEFINITIONS 2.01 Chief Education Officer: As referred to herein, the Chief Education Officer shall be defined as the Chief Education Officer who is employed by CMB and responsible for the administration of this Agreement on behalf of CMB. 2.02 SNAPOLOGY Educator(s): As referred to herein, the SNAPOLOGY educator(s) shall be defined as a full-time or part-time member of the staff of SNAPOLOGY. ARTICLE 3.—SPECIAL CONDITIONS 3.01 Term of Agreement.The term of this Agreement shall be effective from October 1,2024 through June 5, 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 the 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 SNAPOLOGY shall maintain responsibility for implementing the various components of the Program,as delineated in this Agreement. A. For the Program, SNAPOLOGY serves as the "lead" organization for afterschool STEM classes at the CMB Program Schools. As the lead organization, SNAPOLOGY is responsible for the following: Docusign Envelope ID:7D3FAD4E-07BC-4AAC-A9DE-F8CF6B66F7FE Docusign Envelope ID:OCD909FE-E507-4B13-A356-1753DAE9FA26 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.). SNAPOLOGY will work in collaboration with CMB to jointly plan exposure opportunities and events, but SNAPOLOGY retains the right of final approval and confirmation of all Program class content and delivery. Prior to classes commencing, SNAPOLOGY will provide CMB with the syllabus for the Program classes. B. All Program support shall be provided by SNAPOLOGY pursuant to the course parameters and schedules,set forth in Composite Attachment"A",attached hereto and incorporated herein by reference. Fcc:The fee shall be S4,387.50 per semester(for two days a week),for a total of two semesters of forty(40) modules for a total amount not to exceed $8,775 (the"Fee") for up to 60 students per curriculum inclusive of all locations. The 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$4,387.50, within (45) days from the Effective Date of the Agreement and receipt of an invoice from SNAPOLOGY. The remainder of the Fee, in the amount of S4,387.50, will be paid upon completion of the Program.Pricing is listed for ten curriculum modules conducted on two different days each week(one hour each day)for two semesters(20 weeks). It is inclusive of all staff time, use of the curriculum,materials,and mileage. C. Teaching Staff: The responsibilities of SNAPOLOGY and CMB with respect to the SNAPOLOGY Educators will be as follows: 1. SNAPOLOGY will be responsible for the development and implementation of staff recruitment,training,and placement. SNAPOLOGY full-time and part-time Educators are eligible to apply. SNAPOLOGY will hold weekly meetings with SNAPOLOGY Educators. Weekly conference calls will follow with the Chief Education Officer. 2. The Chief Education Officer,at the Chief Education Officer's sole discretion,may request that any SNAPOLOGY Educator be removed from participating in the Program, upon written notice to SNAPOLOGY, effective as of the date provided in the written notice. If 3 Docusign Envelope ID:7D3FAD4E-07BC-4AAC-A9DE-F8CF6B66F7FE Docusign Envelope ID:OCD909FE-E507-4B13-A356-1753DAE9FA26 CMB requests that SNAPOLOGY replaces the removed SNAPOLOGY Educator, SNAPOLOGY agrees to secure a replacement SNAPOLOGY Educator for the Program. 3. SNAPOLOGY 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, SNAPOLOGY staff will escort such students back to the designated after-care location. CMB shall be responsible for all students once SNAPOLOGY staff has escorted the pre-registered students to the designated after-care location. Parents shall be advised by CMB of the foregoing arrangements. SNAPOLOGY will not be responsible for releasing children to parents. D. Impact Evaluation: SNAPOLOGY will be responsible for the administration, analysis, and delivery of impact evaluation efforts including participant, teacher, and parent assessment. SNAPOLOGY will provide CMB with an impact report at the conclusion of each semester (Fall and Spring).Parent assessments will be conducted with the assistance of CMB for access to contact information and/or parent interaction opportunities. E. Under this Agreement, for the Program,CMB serves as"Host?As the Host,CMB agrees to: 1. Recruitment and Registration: CMB will support student recruitment efforts including mandatory support/outreach to relevant community and education partners; CMB will share additional opportunities for partner employees to engage in recruitment efforts as they become available.CMB will require online registration through RecWare. CMB will be responsible for the enrollment of students. Students may not take more than one (1) class per semester unless the class size is under-enrolled, then CMB may, at its sole discretion,permit the same student to attend multiple classes. CMB requires that the SNAPOLOGY Educators go through the City's Level 2 screening and obtain contractor badges from MDCPS for classes onsite only(if applicable). 2. Space: CMB will execute a facility use agreement with Miami-Dade County Public Schools(MDCPS) for the use of the required space for the Program at the CMB Program Schools and Provide a dedicated classroom space at each CMB Program School for a minimum of thirty (30) Program students and two (2) SNAPOLOGY Educators for the duration of the 20 week Program. Classroom space must be pre-approved by SNAPOLOGY,and include windows,desk space,chairs(either one large table or portable desks),a whiteboard,and internet access. In the event that courses need to pivot to Virtual, then SNAPOLOGY will provide all required virtual platforms and ensure connectivity throughout each class session. 4 Docusign Envelope ID:7D3FAD4E-07BC-4AAC-A9DE-F8CF6B66F7FE Docusign Envelope ID:OCD909FE-E507-4613-A356-1753DAE9FA26 3. Security: CMB will ensure security support and building access to Program students and SNAPOLOGY 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 SNAPOLOGY 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 SNAPOLOGY Educators. If applicable, SNAPOLOGY Educators will follow MDCPS protocol for virtual learning to ensure safety of student participants in virtual classes. F. Equipment/Supplies: CMB will make arrangements with MDCPS, through the facility use agreement,for MDCPS to provide access to computer labs and classrooms as needed.MDCPS will provide computers/laptops with Wi-Fi and Bluetooth capabilities for sixty (60) Program students and two(2)SNAPOLOGY Educators,if applicable. G. Program Management Resources: CMB has appointed the Chief Education Officer and the Education Compact Coordinator as the main points of contact to serve as the internal Program manager for the Program at the CMB Program Schools from October 2024—June 2025.The point of contact for each school and SNAPOLOGY. is as follows: Principal Karen Belusic — Biscayne Beach Elementary School — kbelusic(i4dadeschools.net Prinicpal Mary Murphy—Miami Beach Fienber Fisher K-8—Mmuiphv ?dadeschools.net Nicole Adams—SNAPOLOGY.—snapolonvworld,'igmail.com 3.04 Marketing. SNAPOLOGY 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 5 Docusign Envelope ID:7D3FAD4E-07BC-4AAC-A9DE-F8CF6B66F7FE Docusign Envelope ID:OCD909FE-E507-4B13-A356-17530AE9FA26 Chief Education and Performance Officer City of Miami Beach 1700 Convention Center Drive Miami Beach,Florida 33139 With a copy to: Koren I1la Education Manager City of Miami Beach 1700 Convention Center Drive Miami Beach,Florida 33139 To SNAPOLOGY: Nicole Adams Owner SNAPOLOGY 1331 Pennsylvania Ave#7 MIAMI Beach, FL 33139 ARTICLE 4—GENERAL CONDITIONS 4.01 Independent Contractor.The parties to this Agreement shall at all times be acting in the capacity of independent contractors and not as an officer, employee or agent of one another. Neither party nor its respective agents, employees, subcontractors or assignees shall represent to others that it has the authority to bind the other party unless specifically authorized in writing to do so. 4.02 Default. The parties agree that,in the event that either party is in default of its obligations under this Agreement, the non-defaulting party shall provide to the defaulting party (30) days written notice to cure the default. However, in the event said default cannot be cured within said thirty(30)day period and the defaulting party is diligently attempting in good faith to cure same, the time period shall be reasonably extended to allow the defaulting party additional cure lime. 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 6 Docusign Envelope ID:7D3FAD4E-07BC-4AAC-A9DE-F8CF6B66F7FE Docusign Envelope ID:OCD909FE-E507-4B13-A356-1753DAE9FA26 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 SNAPOLOGY's benefit. 4.05 SNAPOLOGY'S COMPLIANCE WITH FLORIDA PUBLIC RECORDS LAW A. SNAPOLOGY, INCshall comply with Florida Public Records law under Chapter 119, Florida Statutes,as may be amended from time to time. B. The term"public records"shall have the meaning set forth in Section 119.011(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 SNAPOLOGY meets the definition of"Contractor"as defined in Section 119.0701(1)(a),the SNAPOLOGY,shall: 1. Keep and maintain public records required by CMB to perform the service; 2. Upon request from CMB's custodian of public records, provide CMB with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes or as otherwise provided by law; 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed, except as authorized by law, for the duration of the contract term and following completion of the Agreement if the SNAPOLOGY, INC does not transfer the records to CMB; 4. Upon completion of the Agreement,transfer,at no cost to CMB,all public records in possession of the SNAPOLOGY, INC or keep and maintain public records required by CMB to perform the service. If the SNAPOLOGY transfers all public records to CMB upon completion of the Agreement, the SNAPOLOGY shall destroy any duplicate public records that arc exempt or confidential and exempt 7 Docusign Envelope ID:7D3FAD4E-07BC-4AAC-A9DE-F8CF6B66F7FE Docusign Envelope ID:OCD909FE-E507-4B13-A356-1753DAE9FA26 from public records disclosure requirements. If the SNAPOLOGY keeps and maintains public records upon completion of the Agreement, the SNAPOLOGY 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. I. 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 SNAPOLOGY of the request, and the SNAPOLOGY must provide the records to CMB or allow the records to be inspected or copied within a reasonable time. 2. SNAPOLOGY'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. SNAPOLOGY 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. I. If a civil action is filed against SNAPOLOGY to compel production of public records relating to CMB's contract for services, the court shall assess and award against SNAPOLOGY the reasonable costs of enforcement, including reasonable attorneys' fees,if: a. The court determines that SNAPOLOGY 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 SNAPOLOGY has not complied with the request, to CMB and to SNAPOLOGY. 2. A notice complies with subparagraph (l)(b) if it is sent to CMB's custodian of public records and to SNAPOLOGY at SNAPOLOGY's address listed on its contract with CMB or to SNAPOLOGY'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 SNAPOLOGY 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 SNAPOLOGY HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES,TO SNAPOLOGY'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT,CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: 8 Docusign Envelope ID:7D3FAD4E-07BC-4AAC-A9DE-F8CF6B66F7FE Docusign Envelope ID:OCD909FE-E507-4B13-A356-1753DAE9FA26 CITY OF MIAMI BEACH ATTENTION: RAFAEL E. GRANADO,CITY CLERK 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 E-MAIL: RAFAELGRANADO(iiMIAMIBEACHFLGOV PHONE: 305-673-7411 4.06 Audit and Inspections. A. Upon reasonable verbal or written notice to SNAPOLOGY,and at any time during normal business hours (i.c. 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. SNAPOLOGY shall maintain any and all such records at its place of business at the address set forth in the"Notices"section of this Agreement. B. Inspector General Audit Rights: 1. Pursuant to Section 2-256 of the Code of the City of Miami Beach, CMB has established the Office of the Inspector General which may, on a random basis, perform reviews, audits, inspections and investigations on all City contracts, throughout the duration of said contracts. This random audit is separate and distinct from any other audit performed by or on behalf of CMB. 2. The Office of the Inspector General is authorized to investigate CMB affairs and empowered to review past,present and proposed CMB programs,accounts,records,contracts and transactions. In addition, the Inspector General has the power to subpoena witnesses, administer oaths,require the production of witnesses and monitor CMB projects and programs. Monitoring of an existing CMB project or program may include a report concerning whether the project is on time, within budget and in conformance with the contract documents and applicable law. The Inspector General shall have the power to audit, investigate, monitor, oversee, inspect and review operations,activities,performance and procurement process related to this Agreement including but not limited to project design,bid specifications,(bid/proposal)submittals,activities of CMB or SNAPOLOGY, 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 SNAPOLOGY,SNAPOLOGY shall make all requested records and documents available to the Inspector General for inspection and copying. 9 Docusign Envelope ID:7D3FAD4E-07BC-4AAC-A9DE-F8CF6B66F7FE Docusign Envelope ID:OCD909FE-E507-4B13-A356-1753DAE9FA26 The Inspector General is empowered to retain the services of independent private sector auditors to audit, investigate, monitor,oversee, inspect and review operations, activities, performance and procurement process related to this Agreement including but not limited to project design, bid specifications, (bid/proposal) submittals, activities of CMB or SNAPOLOGY 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 SNAPOLOGY'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. SNAPOLOGY 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,SNAPOLOGY shall make available records relating to the work terminated until three(3)years after any resulting final termination settlement;and b. SNAPOLOGY 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 SNAPOLOGY, its officers, agents, employees, subcontractors and suppliers. SNAPOLOGY shall incorporate the provisions in this section in all subcontracts and all other agreements executed by SNAPOLOGY in connection with the performance of this Agreement. 7. Nothing in this section shall impair any independent right of CMB or SNAPOLOGY•to conduct audits or investigative activities. The provisions of this section are neither intended nor shall they be construed to impose any liability on CMB by SNAPOLOGY or third parties. C. E-Verify 1. CMB and SNAPOLOGY shall comply with Section 448.095, Florida Statutes, "Employment Eligibility" ("E-Verify Statute"), as may amended from time to time. Pursuant 10 Docusign Envelope ID:7D3FAD4E-07BC-4AAC-A9DE-F8CF6B66F7FE Docusign Envelope ID:OCD909FE-E507-4813-A356-1753DAE9FA26 to the E-Verify Statute, commencing on January 1, 2021, CMB and SNAPOLOGY shall register with and use the E-Verify system to verify the work authorization status of all newly hired employees during the Term of the Agreement. Additionally, CMB and SNAPOLOGY shall expressly require any subcontractor performing work or providing services pursuant to the Agreement to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract Term. If CMB and SNAPOLOGY enter into a contract with an approved subcontractor, the subcontractor must provide CMB and SNAPOLOGY, as applicable, with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. CMB and SNAPOLOGY,as applicable,shall maintain a copy of such affidavit for the duration of the Agreement or such other extended period as may be required under this Agreement. 2. TERMINATION RIGHTS. a. If CMB or SNAPOLOGY, as applicable, has a good faith belief that any party has knowingly violated Section 448.09(1), Florida Statutes, such party shall terminate this Agreement for cause,and neither party shall thereafter have or owe no further obligation or liability to the other party. b. If CMB or SNAPOLOGY, as applicable, has a good faith belief that a subcontractor has knowingly violated Section A,but such party,as applicable,otherwise complied with such section,then it shall promptly notify the other party,as applicable,and order such party to immediately terminate the agreement with the subcontractor. Such party's failure to terminate a subcontractor shall be an event of default under this Agreement, entitling the other party to terminate the Agreement for cause. c. A contract terminated under the foregoing Subsections(2)(a)or(2)(b)is not in breach of contract and may not be considered as such. d. CMB or SNAPOLOGY or a subcontractor may file an action with the Circuit or County Court to challenge a termination under the foregoing Subsections(2)(a)or(2)(b) no later than 20 calendar days after the date on which the contract was terminated. e. If any party terminates the Agreement under the foregoing Subsection (2)(a), CMB or SNAPOLOGY,as applicable, may not be awarded a public contract for at least 1 year after the date of termination of this Agreement. f. CMB or SNAPOLOGY, as applicable, is liable for any additional costs incurred by CMB as a result of the termination of this Agreement under this section. 4.07 Student Records: Notwithstanding any provision to the contrary within this Agreement, SNAPOLOGY 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. SNAPOLOGY agrees, for itself, its officers, employees, agents, representatives, contractors or subcontractors, to fully indemnify and hold harmless CMB and its officers and employees for any violation of this section, including,without limitation, defending CMB and its officers and employees against any complaint, administrative or judicial proceeding, payment of any penalty imposed upon CMB, or payment of any and all costs, damages,judgments or losses incurred by or imposed upon CMB arising out of a breach of this covenant by SNAPOLOGY,or 11 Docusign Envelope ID:7D3FAD4E-07BC-4AAC-A9DE-F8CF6B66F7FE Docusign Envelope ID:OCD909FE-E507-4B13-A356-1753DAE9FA26 an officer, employee, agent, representative, contractor,or sub-contractor of SNAPOLOGY to the extent that SNAPOLOGY or an officer, employee, agent, representative, contractor, or sub- contractor of SNAPOLOGY shall either intentionally or negligently violate the provisions of this section or of Section 1002.22, Florida Statutes. This section shall survive the termination of all performance or obligations under this Agreement and shall be fully binding until such time as any proceeding brought on account of this Agreement is barred by any applicable statute of limitations. 4.08 Indemnification. Solely to the extent and limits permitted by Fla.Stat. Section 768.28 and without waiving any rights or defenses thereunder, SNAPOLOGY 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 SNAPOLOGY, its officers, employees,agents,contractors,or any other person or entity acting under SNAPOLOGY's control or supervision,in connection with,related to,or as a result ofSNAPOLOGY's performance of the services pursuant to this Agreement. To that extent, SNAPOLOGY 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.SNAPOLOGY expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by SNAPOLOGY shall in no way limit SNAPOLOGY'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 SNAPOLOGY for performance of the Services under this Agreement is the specific consideration from CMB to the SNAPOLOGY for SNAPOLOGY'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. 12 Docusign Envelope ID:7D3FAD4E-07BC-4AAC-A9DE-F8CF6B66F7FE Docusign Envelope ID:OCD909FE-E507-4B13-A356-1753DAE9FA26 4.10 Entirety of Agreement. This document incorporates and includes all prior negotiations, correspondence,conversations,agreements and understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements,whether oral or written. 4.11 Preparation of Agreement. The parties acknowledge that they have sought and obtained whatever competent advice and counsel as was necessary for them to form a full and complete understanding of all rights and obligations herein and that the preparation of this Agreement has been their joint effort. The language agreed to herein express their mutual intent and the resulting document shall not,solely as a matter of judicial construction,be construed more severely against one of the parties than the other. 4.12 Amendments. No modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same or similar formality as this Agreement and executed by each party hereto. The City Manager of the City of Miami Beach, Florida, on behalf of CMB, shall be authorized to execute any amendment or extension of this Agreement. 4.13 Survival. 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, SNAPOLOGY 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, SNAPOLOGY 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 13 Docusign Envelope ID:7D3FAD4E-07BC-4AAC-A9DE-FBCF6B66F7FE Docusign Envelope ID:OCD909FE-E507-4B13-A356-1753DAE9FA26 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. 14 Docusign Envelope ID:7D3FAD4E-07BC-4AAC-A9DE-F8CF6B66F7FE Docusign Envelope ID:OCD909FE-E507-4613-A356-1753DAE9FA26 The Parties hereto have made and executed this Agreement on the date last signed below. FOR THE CITY OF MIAMI BEACH: (Corporate Seal) CITY OF MIAMI BEACH, FLORIDA: By: c. �G OS ros Eric Carpenter, City. Manager Date: ATTEST: DS DocuSigned by: G/� By: — ati_ar aalEgoEGraauado,City Clerk Date: 9/17/2024 I 6:00 PM EDT APPROVED AS TO FORM &LANGUAGE & FOR EXECUTION AtitkIkAr— ORNIN City Attorney Date 15 Docusign Envelope ID:7D3FAD4E-07BC-4AAC-A9DE-F8CF6B66F7FE Docusign Envelope ID:OCD909FE-E507-4613-A356-1753DAE9FA26 FOR THE REPRESENTATIVES OF SNAPOLOGY: (Corporate Seal) THE REPRESENTATIVES OF SNAPOLOGY, MIAMI BEACH,FLORIDA: e—DocuSigned by: By: Matt, 11,66Ais Nicole7SD154904DA... Date: 9/11/2024 1 8:09 AM PDT ATTEST: By: Date: 16 Docusign Envelope ID:7D3FAD4E-07BC-4AAC-A9DE-F8CF6B66F7FE Docusign Envelope ID:OCD909FE-E507-4B13-A356-1753DAE9FA26 Attachment A:Scope of Program Schedule: Tuesdays- Miami Beach Ficnbcrg Fisher K-8 Center(3:15pm—4:15pm) Thursdays—Biscayne Beach Elementary(3:15pm—4:15pm) Fall 2024 Semester Dates:October 1,2024—December 12,2024 Spring 2025 Semester Date:February 4,2025—April 17,2025 *Each Semester is 10 weeks/2 Days a Week(Tuesdays @ FFK-8 do Thursdays @ BBE) PROGRAM 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 2S 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:7D3FAD4E-07BC-4AAC-A9DE-F8CF6B66F7FE Docusign Envelope ID:OCD909FE-E507-4B13-A356-1753DAE9FA26 Attachment A:Scope of Program ,,,, MIAMI-DADE COUNTY PUBLIC SCHOOLS �,"°' �_ i 2024-2025 SCHOOL CALENDAR I ��4 j ELEMENTARY AND SECONDARY �-.:-.1 � UI 2-07 .`�`'. i• .`T.AtiG,1 S,,2; r ,"SEP't M6,.�6R 20 ®11511©© 101111511111311E111/1101 ©111110©M 0©®0-'1© 1111111110111111 I1E Ka©�© 6 8 9 10. ®® /Q�.11VM11 2MI PI 10 m®® ®mmmm IMECE[T]Mm m®11111111:111 20 ®®IKII®11211 19 20 ®®® ®m® ® 29 30 11311111IMMI 26 ®l1111111111 30 30 1...1111.1111111 IOCTOBE'rr 024 • 1' ',•NOYEMBERk2:0,24; , / i=`,' :DE.CEMBER42024➢:,.1 MIWIF ©©I©© ©®0W® 1 2 C . 4 111111_1•=111111 ®©1131©E11 7 8 9 10 11 1E2E02 6 MEI KM 10 ®®® 14 15 16 17 I1L181]'; tr as®®11211® m® 18 SEIM 'sIF21I1I 22 23 24 25 18 WEI 20 Ellin 101714 OM(p01a d�7�21 28 29 30 31 OP -10tT1*0r PMitEi'.MII-- ( KIXR--r2rZ5 -,i EBRIAUCT2015"-:1 r--- ige.H02u�"-v'T ©©©©© EIIIIM®IIIM® ©©©© S11111EN®,SOMI ©100©11011115M ©110111101113111E111 Eirni 10 10 ®®®m 10 m®®m ®m®Q I ffG t-C+y11111m 20 m 113111111:1101 20 IEQ tZAMBII©®11111 m® 26 ® 28 ETt�i�I►a'1E21031--� 1E111101E11 30 El IIMININIIMIIIIM=1 0 11•1_=- 0©©ill© ©MI®©® 112:11MI0©® MIN Q MOKIM NM 111111•10© ©©Ell_. l[o] ®11:111211 10 m MI 1131EN 8 KM nmainainEvin m®0mCG ®®m® 16 Mm 18 0:113 20 ®®®m® El 20 ®©® ®m®m® 28 FEE 30 Mil IIIM WA Eal. 28 29 30 30 EN Moll 1.1 Q Now Teachers Report .=�Recess Pay DAYS IN GRADING PERIOD 0 Teacher Planning Day 11O1 heg'9. of GroC.ng Period 1-45 1031 D.strict.tdo Profesalonal Lemming Day III3A Legar Madly 2-46 a Teacher PlanningDayawilablo to opt Legal Moada (12 month) 3-43 ,��' e9a Y Recess Day)lo month) all vailaWe to opt 4-46 180 Days Total For information on empioyoo opt days,please refer to the back of calendar. 18 Docusign Envelope ID:7D3FAD4E-07BC-4AAC-A9DE-FBCF6B66F7FE Docusign Envelope ID:0CD909FE-E507-4B13-A356-1753DAE9FA26 ' ' • ' • • RESOLUTION NO. 2023-32686 • RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, RESCINDING RESOLUTIONS NO. 2016-29660,. 2018-30259, 2019-31014; 2020.31481, 2021.-31537, 2022-32064, 2022-32139, • 2023-32632,RELATING TO THE CITY'S FREE AFTERSCHOOL ENRICHMENT PROGRAMS AT•MIAMI BEACH PUBLIC SCHOOLS AND CONSOLIDATING • ALL OF THE CITY-FUNDED PROGRAMS CREATED BY THE ABOVE REFERENCED RESOLUTIONS WITHIN THIS SINGLE AUTHORIZING • RESOLUTION, SUBJECT TO THE FUNDING ALLOCATIONS AUTHORIZED FOR EACH SCHOOL, AS SPECIFIED.IN EXHIBIT A TO THE COMMISSION MEMORANDUM .ACCOMPANYING THIS RESOLUTION; APPROVING FUNDING FOR THE ABOVE REFERENCED AFTER SCHOOL PROGRAMS,IN . THE TOTAL AMOUNT OF .$122,525.77 FOR FY24 AND EACH YEAR. • THEREATER;';FURTHER, PROVIDING THAT IF ANY SCHOOL DOES NOT •. UTILIZE -ITS •ENTIRE ALLOCATION'OF FUNDS FOR AN AFTERSCHOOL . PROGRAM APPROVED BY THIS RESOLUTION, THE CITY MANAGER MAY ' AUTHORIZE ANY UNSPENT FUNDS FOR THAT SCHOOL TO BE USED FOR ANOTHER AFTERSCHOOL PROGRAM AT SUCH SCHOOL, UP TO THE • TOTAL AMOUNT ALLOCATED FOR'THAT SCHOOL; ACCEPTING THE RECOMMENDATION *OF 'THE CITY MANAGER AND WAIVING, BY 517TH . VOTE; THE • FORMAL -'COMPETITIVE BIDDING •REQUIREMENT, IN ACCORDANCE WITH SECTION 2-367(E) OF THE CITY CODE, AS TO THE SELECTION OF *ALL FUTURE AFTERSCHOOL SERVICE PROVIDERS CONTEMPLATED UNDER THIS RESOLUTION, FINDING SUCH WAIVER TO BE.IN THE CITY'S BEST INTEREST; FURTHER, AUTHORIZING THE CITY CLERK AND . .CITY 'MANAGER TO EXECUTE ALL APPLICABLE. . • AGREEMENTS WITH SERVICE 'PROVIDERS SELECTED BY THE CITY MANAGER AND•SCHOOL SITE PRINCIPAL; AND FURTHER AUTHORIZING THE CITY. CLERK AND CITY MANAGER TO ,EXECUTE ANNUAL • AGREEMENTS WITH THE SERVICE PROVIDERS DESCRIBED IN EXHIBIT A ' SUBJECT TO AN ANNUAL ALLOCATION OF FUNDS DURING THE CITY'S ANNUAL BUDGET PROCESS. - WHEREAS,•the'City of Miami Beach through the Office of Education and Performance . Initiatives provides free.afterschool STEM (Science Technology Engineering Mathematics) • enrichment at Miami Beech•Fienberg'Fisher K 3 and Miami Beach Biscayne Beach Elementary; and WHEREAS,on December 14, 2016 Resolution No.2016-29660 was passed to support a ' partnership with Common Threads programming and an.amount not to exceed$ 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:7D3FAD4E-07BC-4AAC-A9DE-F8CF6B66F7FE Docusign Envelope ID:OCD909FE-E507-4613-A356-1753DAE9FA26 - • • WHEREAS, on April 11, 2018, the Mayor and City Commission adopted.Resolution No. 2018-30259,approving recommendations made by the Finance and Citywide Projects Committee ("FCWPC")to implement educational enhancements and activities In the Citys public schools for the 2018-2019 school year and.subsequent school years including afterschool activities at • Biscayne Beach Elementary School and Miami.beach Fienberg/Fisher K-8 Center, in an amount not•to exceed$60,000;and • • • • WHEREAS, since the April 1.1, 2018 City Commission meeting, the afterschool •enrichment program was expanded to Miami Beach Senior High School ("MBSHS"), without increasing the approved funding, in'the amount of$60,000;and• • WHEREAS, at the October 16, 2019 the' City Commission meeting, MBSHS Rock Ensemble program was added as an afterschool enrichment program in an amount not to exceed $10,000; and ••• ; • . • WHEREAS,on October 16,2019 the City Mayor and Commission passed Resolution No. 2019-31014 to amend Resolution No:•2018-30259 expanding the scope of afterschool activities currently funded by the City, in the annual amount of$60,000, to include Miami Beach Senior • High school as a participating school. WHEREAS; on November 18, 2020 Resolution No. 2020-31481 was passed to amend • Resolution'No. 2019-31014 and Resolution No. 2018-30259, in order to expand the scope of afterschool activities currently funded by the City, in the annual amount of$60,000, to include Speech and Debate at Miami Beach Senior High School, in an additional amount not to exceed $3,600.00 per year;and . WHEREAS; on January 13, 2021, Resolution No. 2021-31537 was passed to authorize the City to accept donations to support the City of Miami Beach afterschool Rock Ensemble enrichment"program, to.be•utilized by the City of Miami Beach's afterschool enrichment Rock Ensemble program at Miami Beach.Senior High School, and appropriate said donations to the City's Education Compact Fund for use exclusively to support the City's Rock Ensemble • afterschool enrichment program;and . 'WHEREAS; on March 9, 2923 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 afteeschool 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:7D3FAD4E-07BC-4AAC-A9DE-F8CF6B66F7FE Docusign Envelope ID:OCD909FE-E507-4813-A356-1753DAE9FA26 • . ' .. 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 $16,000.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 ingrowing fields and ensuring Miami.Beach educational enrichment programming is accessible;and, ' • WHEREAS, as student bodies change, so do the interests of those student bodies, ,• making it challenging.to guarantee the annual use of funds-identified for specific programs at • • 'specific schools.. NOW,' THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY- COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City . Commission approve the rescinding Resolutions No.•2016-29660, 2018-30259, 2019-31014, • 2020-31 481, 2021-31537, 2022-32064, 2022-32139, 2023-32632 relating to the•City's free afterschool enrichment programs at Miami Beach public schools and consolidating all of the City- funded programs created by the above referenced resolutions within this single authorizing • . resolution, subject to the funding allocations authorized for each school,as specified in Exhibit A to the Commission Memorandum accompanying this Resolution; approve funding.for the above . referenced after school programs, in the total amount of$122,525.77. for FY24 and each year • thereafter;'further,.provide that if any school does not utilize its entire allocation of funds for an • • afterschool program approved by this Resolution, the City Manager may authorize.any unspent ., funds for that.school to.be used for another afterschool program at such•school, up to the total • amount allocated for that school; accept the recommendation of the City Manager and waive;by 5/7th vote,the_formal competitive bidding requirement,in accordance with Section 2-367(e)of the . City Code, as to the selection of all future afterschool service providers.contemplated under this . ' Resolution, finding such waiver to be'in the City's'best interest;further, authorize the City Clerk • . and City Manager to execute all applicable agreements with service providers selected by the City Manager and school site principal;•and further authorize the City Clerk and City Manager to execute annual agreements with the service providers described in Exhibit A subject to an annual allocation of funds during the City's annual budget-pr �ocess. - PASSED and ADOPTED this 1/O day of -Ji-fi • • 2023. • 'ATTEST: .li • . . • JUL �.�:Z023 • . Dan Gelber, Mayor - - • . Rafael E. Granado, City Clerk • �"13 ,, . ' - APPROVED AS TO •- ;4` '' ,!''cy'-,, . • FORM&LANGUAGE • "� \ _ - . .&FOR EXECUTION 'woRP OATE4 - • in----- - "1-1 9—'),3 • . - RcN 2s City.Attorney. Date 3 Docusign Envelope ID:7D3FAD4E-07BC-4AAC-A9DE-F8CF6B66F7FE Docusign Envelope ID:OCD909FE-E507-4B13-A356-1753DAE9FA26 Resolutions-C7 I MIAMI .BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of.the City Commission FROM: Mina 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:7D3FAD4E-07BC-4AAC-A9DE-F8CF6B66F7FE Docusign Envelope ID:OCD909FE-E507-4B13-A356-17530AE9FA26 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 i student self-esteem, providing a positive environment for kids and inspiring children to build their natural curiosity through hands-on learning. I 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 !earring opportunities for youth. The Compact reflects the desire of the Miami Beach community to support excellence in the City's public schools and currently addresses and supports the following priority areas: Teacher Recruitment/Retention; Communication; Parental Involvement/Family Support; Youth and Community Engagement; Health and 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 thel 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:7D3FAD4E-07BC-4AAC-A9DE-F8CF6B66F7FE Docusign Envelope ID:OCD909FE-E507-4B13-A356-1753DAE9FA26 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 Citys 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-B during the 2023-24 school year and allocate a$10,000 grant for art education programming at Miami Beach Fienberg Fisher K-8 as part of the-City's budget process annually. ANALYSIS • The Afterschool program continues to expand and provide enrichment to Miami Beach youth. By engaging students around Me subjects of Science, Technology, Engineering, Art, and Math,the Afterschool program aims to spaik an interest and life-long appreciation of the arts and sciences in children from an early age. As student bodies change,so do the interests of those student.bodies, making it challenging to guarantee the annual use of funds identified for specific programs at specific schools. SUPPORTINGSURVEY DATA 49%of residents indicated satisfied or very satisfied with public schools in Miami Beach FINANCIAL INFORMATION Funding approved in prior resolutions.No new funding requested.See Appendix A. Applicable Area Not Applicable Is this a"Residents Right Does this item utilize G.O. to Know"item.pursuant to Bond Funds? City Code Section 2-14? No No Page 468 of 1588 Docusign Envelope ID:7D3FAD4E-07BC-4AAC-A9DE-F8CF6B66F7FE Docusign Envelope ID:OCD909FE-E507-4B13-A356-1753DAE9FA26 Strategic Connection Prosperity-Be known for(K-12)educational excellence. Legislative Tracking Education and Performance Initiatives ATTACHMENTS: Description o Resolution D Appendix A-Afterschool Reso Tracker Chart • • Page 469 of 1588 Docusign Envelope ID:7D3FAD4E-07BC-4AAC-A9DE-F8CF6B66F7FE Docusign Envelope ID:OCD909FE-E507-4B13-A356-1753DAE9FA26 EXHIBIT A • Reso No. Title Amount($) Service Provider 2016-29660 RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA, $18,925.77 Common Threads ACCEPTING THE RECOMMENDATION OF THE NEIGHBORHOOD/COMMUNITY AFFAIRS •COMMITTEE TO SUPPORT A PARTNERSHIP WITH COMMON THREADS,A NATIONAL NON-PROFIT ORGANIZATION,WHICH TEACHES CHILDREN,FAMILIES,AND TEACHERS TO COOK FOR A HEAL THIER LIFE;APPROVING A PARTNERSHIP WITH COMMON THREADS;REFERRING THIS MATTER TO THE FINANCE AND CITYWIDE PROJECTS COMMITTEE TO IDENTIFY FUNDING FOR A .PARTNERSHIP WITH COMMON THREADS;AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR A PARTNERSHIP WITH COMMON THREADS,AFTER FUNDING APPROVAL, IN AN AMOUNT NOT TO EXCEED$18,925.77. 2018-30259 RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA, $60,000 Selected Annually for Biscayne ACCEPTING THE RECOMMENDATION OF THE FINANCE AND CITYWIDE PROJECTS COMMITTEE Beach Elementary and Miami TO IMPLEMENT THE FOLLOWING EDUCATIONAL ENHANCEMENTS IN THE CITY'S PUBLIC Beach Fienberg Fisher K-8 SCHOOLS FOR THE 2018-2019 SCHOOL YEAR AND SUBSEQUENT SCHOOL YEARS,SUBJECT TO APPROVAL OF A BUDGET AMENDMENT FOR FY 2017-2018 AND FUNDING APPROVAL IN EACH SUBSEQUENT FISCAL YEAR DURING THE airs 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 FlENBERG/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 SCHOOLASA 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$3,600 PER YEAR. 2621-31537 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, N/A Submitted Annually by Young FLORIDA,APPROVING AND AUTHORIZING THE CITY TO ACCEPT DONATIONS TO SUPPORT THE Musicians Unite CITY OF MIAMI BEACH AFTERSCHOOL ROCK ENSEMBLE ENRICHMENT ROGRAM,TO BE UTILIZED BY THE CITY OF MIAMI BEACH'S AFTERSCHOOL ENRICHMENT ROCK ENSEMBLE PROGRAM AT MIAMI BEACH SENIOR HIGH SCHOOL,AND APPROPRIATE THE SAID DONATIONS TO THE CITY'S EDUCATION COMPACT FUND FOR USE EXCLUSIVELY TO SUPPORT THE CITY'S ROCK ENSEMBLE AFTERSCHOOL ENRICHMENT PROGRAM. Pagpagt7poq 1588 Docusign Envelope ID:7D3FAD4E-07BC-4AAC-A9DE-F8CF6B66F7FE Docusign Envelope ID:OCD909FE-E507-4B13-A356-1753DAE9FA26 EXHIBIT A •Reso No:. Title Amount($) 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 RESIUENCY 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 CRY 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 art 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 RENBERG 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 RESPEd TO THE FOREGOING;AND DIRECTING THE ADMINISTRATION TO ALLOCATEA$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 Afterschool Programming:$122,525.77 , • Pacwag itlog 1588 Docusign Envelope ID:7D3FAD4E-07BC-4AAC-A9DE-F8CF6B66F7FE Docusign Envelope ID:OCD909FE-E507-4B13-A356-1753DAE9FA26 M I AM I BEACH *, 4Q9 l,� -Nri,- .i ,1 '55relw at,.R', m `), ,. Jb-r arm a 4..?. • .- :a . CMB Snapology AFTERSCHOOL 2024-25 1- % . , r �° °C.�25�.�7 i . . , ,f.;t ,l�x'�t..rIS'L�.fl�`.gtlr�i'15 .... . .. , c Snap Miami LLC(Snapology) EDUCATION PERFORMANCE INIT. a.),.,- .�1.A.P.2::.#,.``"aa.Y:iGr1..,.:.n agiBncaby3; irjf iL 1• 'r- lgoeapY- _ DR.LESLIE ROSENFELD�L� � JASON GREENE 3Asov v'CtfA.C. 1441174CAgAn744F �; —7119E93138C445F 7 :' . 7 4 1._ ''• - , 01.4..r. i.'11�1J1 {t_ri-153 • +i-A .,e t, ,-. , .. 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: r. This agreement allows Snapology 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 FIU., FROST Museum,Young Musicians Unite and more. 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. (°„h,�,1,ii' it2. `.. ; ..; ,C- si_.:.+.,.`T:0Mfat-'5s:- .:'.. r rffff -rn °ir.;'a:.ffkj.;k�.s ..gik.p•' .. October 1,2024-June 5,2025 Grant Funded: I Yes X No I I State Federal�an Other: ? Sl- ;." f. , fn.J .:i S .,.. _i, 3-•".. •113' '-L`.L...._r5,.-.Ir%f Lt.1 _!' 1 $8,775 177-6881-000343-12-400-592-00-00-01- fi Yes X I No 1.For contracts longer than five years,contact the Procurement Department. 2.Attach`arT supporting explanation needed. 3.Budget approval indicates approval for current fiscal year only. Future years are subject to City Commission approval of annual adopted operating budget. City Commission Approved: X Yes No Resolution No.: CC Agenda Item No.: CC Meeting Date: 2023-32686 C71 7/26/2023 If no,explain why CC approval is not required: Legal Form Approved: X Yes No I If no,explain below why form approval is not necessary: Procurement: NA Grants: NA Budget:Tameka Otto /—uocuSigneaey: Information Technology: NA Stewart ttiMitri. M0 S[u io Risk Management:Marc CyozasangioEgi83. Fleet&Facilities: NA Chevalier kat CIALY di r Human Resources: \-Li"13CeE0e29e740400... Other: NA