Independent Contractor Agreement between CMB & Zuleica Pena 2. 02 '3 - 3z. 8
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INDEPENDENT CONTRACTOR AGREEMENT
10/2/2024 I 9:44 AM EDT
This Agreement is entered into on this day of 2024 between
ZULEICA PENA("Contractor") and the City of Miami Beach, Florida (the "City"), for City
of Miami Beach Afterschool Enrichment Program,with an effective starting date of October
1, 2024 and an end date of April 17,2025, upon written confirmation from the City Manager
to Contractor(the"Term").
1. Description of Services.
Contractor will provide the services described in Exhibit'A" hereto(the 'Services"). The
Contractor will provide afterschool enrichment services for children between Grades 2"d
to 8th. In accordance with the requirements of Section 1012.465, 1012.32 and 1012.467,
Florida Statutes, and School Board Policies 8475, 1121.01, 3121.01 and 4121.01 as
amended from time to time,the Contractor, as an instructional contractor will be required
to submit to a criminal history check and background screening requirements, including
level 2 screening requirements, as outlined in the above-referenced statutes and School
Board Policies.
Although Contractor may be provided with a schedule of the available hours to provide its
Services, the City shall not control nor have the right to control the hours of the Services
performed by the Contractor; where the Services are performed (although the City will
provide Contractor with the appropriate location to perform the Services); when the
Services are performed (including how many days a week the services are performed):
how the Services are performed; or any other aspect of the actual manner and means of
accomplishing the Services provided. Notwithstanding the foregoing, all Services provided
by the Contractor shall be in accordance with the terms and conditions set forth in Exhibit
"A" hereto, and performed to the reasonable satisfaction of the City Manager. If there are
any questions regarding the Services to be performed, the Contractor should contact the
following person:
Dr. Leslie Rosenfeld, Chief Education Officer
EDUCATION AND PERFORMANCE INITIATIVES DEPARTMENT
1700 Convention Center Drive, Miami Beach, FL 33139
Tel: 305-673-2717
2. Fee.
In consideration of the Services to be provided pursuant to this Agreement,the City agrees
to pay Contractor a fee, not to exceed the amount of$30 per hour(the"Fee"), which shall
be paid as described in Exhibit"B.' hereto, in an amount not to exceed $600 in the 2024-
2025 academic school year. Additionally, the City of Miami Beach will fund up to $480 for
supplies with non-consumed supplies to be retained by the City of Miami Beach upon
completion of the classes. Contractor will provide to the Contract Manager a list of
requested supplies one month prior to the start of the semester. Contractor will secure all
supplies throughout the class period and return to the City of Miami Beach upon series
completion.
The Contractor shall issue invoices to the City separately, pursuant to the mutual
agreement of the parties and pursuant to the Fee Schedule set forth in Exhibit"B,for each
order, per school. Upon receipt of an acceptable and approved invoice, payment(s)shall
be made within forty-five (45) days for that portion (or those portions) of the Services
satisfactorily rendered (and referenced in the invoice). Invoices shall include a detailed
description of the Services (or parts thereof) provided and shall be submitted to the City
at the following address:
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City of Miami Beach Education and Performance Initiatives
Email: LeslieRosenfeld@miamibeachfl.gov
3. Termination.
This Agreement may be terminated by either party,with or without cause, by giving written
notice to the other party of such termination, which shall become effective upon fourteen
(14) days following receipt by the other party of the written termination notice.
Notwithstanding the foregoing, in the event of a public health, welfare or safety concern,
as determined by the City Manager, in the City Manager's sole discretion, the City
Manager, pursuant to a verbal or written notification to Contractor, may immediately
suspend the Services under this Agreement for a time certain, or in the alternative,
terminate this Agreement on a given date. In the event of termination pursuant to this
paragraph, the Contractor shall be paid a sum equal to all payments due to him/her up to
the date of termination; provided the Contractor is continuing to satisfactorily perform all
Services up to the date of termination. Thereafter, the City shall be fully discharged from
any further liabilities, duties, and terms arising out of, or by virtue of, this Agreement.
4. Indemnification/Hold Harmless.
Contractor agrees to indemnify, defend, and hold harmless the City of Miami Beach and
its officers, employees and agents,from and against any and all actions, claims, liabilities,
losses and expenses including, but not limited to, attorney's fees, for personal economic
or bodily injury, wrongful death, loss of or damage to property, at law or in equity, which
may arise or be alleged to have arisen from the negligent acts or omissions or other
wrongful conduct of Contractor, and/or any and all subcontractors, employees, agents, or
any other person or entity acting under Contractor's control, in connection with the
Contractor's performance of the services pursuant to this Agreement. Contractor shall
pay all such claims and losses and shall pay all costs and judgments, which may arise
from any lawsuit arising from such claims and losses,and shall pay all costs and attorney's
fees expended by the City in defense of such claims and losses, including appeals.
The parties agree that one percent (1%) of the total compensation to Contractor for
performance of the Services under this Agreement is the specific consideration from the
City to Contractor for the Contractor's agreement to indemnify and hold the City harmless,
as provided herein. Contractor and the City hereby agree and acknowledge that this
indemnity provision is intended to and shall survive the termination (or earlier expiration)
of this Agreement.
5. Limitation of Liability.
The City desires to enter into this Agreement only if in so doing the City can place a limit
on City's liability for any cause of action for money damages due to an alleged breach by
the City of this Agreement, so that its liability for any such breach never exceeds the sum
of the compensation/fee to be paid to Contractor pursuant to this Agreement, less any
amounts actually paid by the City as of the date of the alleged breach. Contractor hereby
expresses his/her willingness to enter into this Agreement with Contractor's recovery from
the City for any damage action for breach of contract to be limited to a maximum amount
equal to the compensation/fee to be paid to Contractor pursuant to this Agreement, less
any amounts actually paid by the City as of the date of the alleged breach.
Accordingly, and notwithstanding any other term or condition of this Agreement,
Contractor hereby agrees that the City shall not be liable to Contractor for damages in the
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amount in excess of the compensation/fee to be paid to Contractor pursuant to this
Agreement, less any amounts actually paid by the City as of the date of the alleged breach,
for any action or claim for breach of contract arising out of the performance or non-
performance of any obligations imposed upon the City by this Agreement.
Nothing contained in this subparagraph or elsewhere in this Agreement is in any way
intended to be a waiver of the limitation placed upon City's liability as set forth in Section
768.28, Florida Statutes.
6. Notices.
All notices and communications in writing required or permitted hereunder may be
delivered personally to the representatives of the Contractor and the City listed below or
may be mailed by U.S. Certified Mail, return receipt requested, postage prepaid, or by a
nationally recognized overnight delivery service.
Until changed by notice in writing, all such notices and communications shall be addressed
as follows:
CONTRACTOR: Zuleica Pena
540 NE 126th St Miam, FL 33161
zulyp72@gmail.com
7864871148
CITY: Dr. Leslie Rosenfeld
City of Miami Beach
Education and Performance Initiatives Division
1700 Convention Center Drive
Miami Beach, FL 33139
305-673-2717
Notice shall be deemed given on the date of an acknowledged receipt, and, in all other
cases, on the date of receipt or refusal.
7. Venue.
This Agreement shall be governed by, and construed in accordance with, the laws of the
State of Florida, both substantive and remedial, without regard to principles of conflict of
laws. The exclusive venue for any litigation arising out of this Agreement shall be
Miami-Dade County, Florida, if in state court,and the U.S. District Court, Southern District
of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT, CITY AND
CONTRACTOR EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A
TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS
AGREEMENT.
8. Duty of Care/Compliance with Applicable Laws/Conflict of Interest.
With respect to the performance of the Services contemplated herein, Contractor shall
exercise that degree of skill, care, efficiency and diligence normally exercised by
reasonable persons and/or recognized professionals with respect to the performance of
comparable services.
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In its performance of the Services, Contractor shall comply with all applicable laws,
ordinances, and regulations of the City, Miami-Dade County, the State of Florida, and
the federal government. Without limiting the foregoing, Contractor herein agrees to
adhere to and be governed by all applicable Miami-Dade County Conflict of Interest
Ordinances and ethics provisions, as set forth in the Miami-Dade County Code, and as
may be amended from time to time; and by the City of Miami Beach Charter and Code,
as may be amended from time to time, both of which are incorporated herein by
referenced, as if fully set forth herein.
Contractor covenants that it presently has no interest and shall not acquire any interest,
direct or indirectly which should conflict in any manner or degree with the performance
of the Services. Contractor further covenants that in the performance of Services under
this Agreement, no person having any such interest shall knowingly be employed by the
Contractor. Notwithstanding the foregoing, Contractor shall be able to provide similar
services to other third parties as long as they do not conflict with the Services to be
provided hereunder. No member of or delegate to the Congress of the United States
shall be admitted to any share or part of this Agreement or to any benefits arising
therefrom.
9. No Discrimination.
In connection with the performance of the Services, the Contractor 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, Contractor shall comply with 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, or public services, on
the basis of actual or perceived race, color, national origin, religion, sex, intersexuality,
sexual orientation, gender identity, familial and marital status, age, ancestry, height,
weight, domestic partner status, labor organization membership, familial situation,
political affiliation, or disability.
10. Florida Public Records Law.
(A) Contractor 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 the City.
(C) Pursuant to Section 119.0701 of the Florida Statutes, if the Contractor meets the
definition of Contractor"as defined in Section 119.0701(1)(a),the Contractor shall:
(1) Keep and maintain public records required by the City to perform the
service;
(2) Upon request from the City's custodian of public records, provide the City
with a copy of the requested records or allow the records to be inspected
or copied within a reasonable time at a cost that does not exceed the cost
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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 Contractor does not transfer the records
to the City;
(4) Upon completion of the Agreement,transfer, at no cost to the City,all public
records in possession of the Contractor or keep and maintain public
records required by the City to perform the service. If the Contractor
transfers all public records to the City upon completion of the Agreement,
the Contractor shall destroy any duplicate public records that are exempt
or confidential and exempt from public records disclosure requirements. If
the Contractor keeps and maintains public records upon completion of the
Agreement, the Contractor shall meet all applicable requirements for
retaining public records. All records stored electronically must be provided
to the City, upon request from the City's custodian of public records, in a
format that is compatible with the information technology systems of the
City.
(C)REQUEST FOR RECORDS; NONCOMPLIANCE.
(1) A request to inspect or copy public records relating to the City's contract for
services must be made directly to the City. If the City does not possess the
requested records, the City shall immediately notify the Contractor of the
request, and the Contractor must provide the records to the City or allow
the records to be inspected or copied within a reasonable time.
(2) Contractor's failure to comply with the City's request for records shall
constitute a breach of the Agreement, and the City, 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) A Contractor who fails to provide the public records to the City within a
reasonable time may be subject to penalties under s. 119.10.
(D)CIVIL ACTION.
(1) If a civil action is filed against a Contractor to compel production of public
records relating to the City's contract for services, the court shall assess
and award against the Contractor the reasonable costs of enforcement,
including reasonable attorney's fees, if:
(a)The court determines that the Contractor unlawfully refused to comply
with the public records request within a reasonable time; and
(b) At least eight (8) business days before filing the action, the plaintiff
provided written notice of the public records request, including a
statement that the Contractor has not complied with the request, to the
City and to the Contractor.
(2) A notice complies with subparagraph (1)(b) if it is sent to the City's
custodian of public records and to the Contractor at the Contractor's
address listed on its contract with the City or to the Contractor'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) A Contractor who complies with a public records request within eight (8)
business days after the notice is sent is not liable for the reasonable costs
of enforcement.
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(E) IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO
THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC
RECORDS RELATING TO THIS AGREEMENT, CONTACT
THE CUSTODIAN OF PUBLIC RECORDS AT:
CITY OF MIAMI BEACH
ATTENTION: CITY CLERK
1700 CONVENTION CENTER DRIVE
MIAMI BEACH, FLORIDA 33139
E-MAIL: RAFAELGRANADOMIAMIBEACHFL.GOV
PHONE: 305-673-7411
11. Ownership of Documents/Patents and Copyrights.
Any and all documents prepared by Contractor pursuant to this Agreement are related
exclusively to the Services described herein shall be deemed to be a"work made for hire",
and are intended or represented for ownership by the City. Any re-use distribution, or
dissemination of same by Contractor, other than,to the City, shall first be approved in
writing by the City Manager, which approval, if granted at all,shall be at the City Manager's
sole and absolute discretion.
Any patentable and/or copyrightable result arising out of this Agreement, as well as all
information, specifications, processes, data and findings, are hereby assigned to the
City, in perpetuity, for public use.
No reports, other documents, articles or devices produced in whole or in part under this
Agreement shall be the subject of any application for patent or copyright by or on behalf
of the Contractor(or its employees or sub-contractors, (if any) without the prior written
consent of the City Manager, which consent, if given at all, shall be at the Manager's
sole and absolute discretion.
12. Liability for Rent, Supplies, Equipment, Etc.
Contractor shall provide all funds necessary to pay all debts, disbursements, and
expenses incurred in connection with its performance of the Services hereunder, and
shall not be entitled to any reimbursement from the City unless otherwise agreed to by
the City. It will also provide all supplies and equipment necessary to provide such
Services. If Contractor uses any of the City's facilities, supplies, or equipment to furnish
the Services hereunder, Contractor shall pay the City(or such amount shall be deducted
from the Fee set forth in Section 2)an amount as mutually agreed by the parties.
13. Liability for Sub-contractors.
Contractor shall be liable for its Services, responsibilities and liabilities under this
Agreement and the costs, services, responsibilities and liabilities of any sub-contractors
(if any), and any other person or entity acting under the direction or control of Contractor
(if any). In this regard, Contractor must furnish the City with all information relating to
the sub-contractors which is requested by the City. When the term "Contractor" is used
in this Agreement, it shall be deemed to include any sub-contractors (if any)and/or any
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other person or entity acting under the direction or control of Contractor(if any). All sub-
contractors (if any) must be disclosed in writing to the City prior to their engagement by
Contractor.
14. Independent Contractor/No Joint Venture.
THIS AGREEMENT SHALL NOT CONSTITUTE OR MAKE THE PARTIES A
PARTNERSHIP OR JOINT VENTURE. FOR THE PURPOSES OF THIS AGREEMENT,
THE CONTRACTOR SHALL BE DEEMED TO BE AN INDEPENDENT CONTRACTOR,
AND NOT AN AGENT OR EMPLOYEE OF THE CITY, AND SHALL NOT ATTAIN ANY
RIGHTS OR BENEFITS UNDER THE CIVIL SERVICE OR PENSION ORDINANCE OF
THE CITY, OR ANY RIGHT GENERALLY AFFORDED CLASSIFIED OR
UNCLASSIFIED EMPLOYEES INCLUDING ANNUAL AND SICK DAY ACCRUAL.
FURTHER, THE CONTRACTOR SHALL NOT BE DEEMED ENTITLED TO FLORIDA
WORKER'S COMPENSATION BENEFITS AS AN EMPLOYEE OF THE CITY OR
ACCUMULATION OF SICK OR ANNUAL LEAVE.
The Contractor shall be the sole party responsible for any and all employment taxes,
unemployment compensation taxes or insurance, social security taxes, or other taxes,
insurance payments, or otherwise whether levied by any country or any political
subdivision thereof. The Contractor shall not, in any way, be considered to be, or be
deemed to be, an employee of the City through the Services performed in this Agreement
(e.g., including, but not limited to, for purposes of the Federal Insurance Contribution Act,
the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal
Revenue Code, any state revenue and taxation code relating to income tax withholding at
the source of income, the Workers' Compensation Insurance Code and other benefit
payments and third party liability claims), and the Contractor shall indemnify and hold the
City harmless from all costs, loss,damages or expenses(including but not limited to taxes,
accounting fees, court costs, and attorney's fees at all levels of litigation) in the event of
any determination to the contrary by any court of competent jurisdiction or governmental
authority. The Contractor recognizes and understands that it will receive an Internal
Revenue Service Form 1099 statement and related tax statements, and will be required
to file corporate and/or individual tax returns and to pay taxes in accordance with all
provisions of applicable Federal and state law. The Contractor hereby promises and
agrees to indemnify the City for any damages or expenses, including attorney's fees, and
legal expenses, incurred by the City as a result of the Contractor's failure to make such
required payments.
Except as otherwise expressly provided in the Agreement, the Contractor shall in no way
hold itself out as an employee,dependent agent,or other servant of the City,its employees
or other agents, or as other than a free agent with respect to the City. The Contractor is
not granted, shall not have, and acknowledges the absence of any right or authority to
assume or create any obligations or responsibility, express or implied, on behalf of or in
the name of the City or to bind the latter in any matter or thing whatsoever.
15. Purchase Order Requirement.
This Agreement shall not be effective until executed by the parties hereto and until the
City has issued a Purchase Order for this Agreement
16. Force Majeure.
Contractor shall not be held responsible for losses, delays, failure to perform or excess
costs caused by events beyond the control of the Contractor. Such events may include.
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but are not restricted to the following: Acts of God; fire, epidemics, earthquake, flood or
other natural disaster; acts of the government; riots, strikes, war or civil disorder,
unavailability of fuel.
17. Assignment.
Contractor shall not assign all or any portion of this Agreement without the prior written
consent of the City Manager, and it is agreed that said consent must be sought in writing
by Contractor not less than sixty(60)days prior to the date of any proposed assignment.
18. Audit and Inspection Records.
Contractor shall permit the authorized representatives of the City to inspect and audit all
data and records of the Contractor. if any, relating to performance under this Agreement
until the expiration of three years after final payment under this Agreement.
Contractor further agrees to include in all his/her subcontracts hereunder a provision to
the effect that the sub-contractor agrees that the City or any of their duly authorized
representatives shall, until the expiration of three years after final payment to the sub-
contractor, have access to and the right to examine any directly pertinent books,
documents, papers and records of such sub-contractor, involving transactions related to
the sub-contractor.
19.Inspector General Audit Rights.
(A) Pursuant to Section 2-256 of the Code of the City of Miami Beach, the City has
established the Office of the Inspector General which may, on a random basis,
perform reviews, audits, inspections and investigations on all City contracts,
throughout the duration of said contracts. This random audit is separate and
distinct from any other audit performed by or on behalf of the City.
(B) The Office of the Inspector General is authorized to investigate City affairs and
empowered to review past, present and proposed City programs, accounts,
records, contracts and transactions. In addition, the Inspector General has the
power to subpoena witnesses, administer oaths, require the production of
witnesses and monitor City projects and programs. Monitoring of an existing City
project or program may include a report concerning whether the project is on time,
within budget and in conformance with the contract documents and applicable law.
The Inspector General shall have the power to audit, investigate, monitor,oversee,
inspect and review operations, activities, performance and procurement process
including but not limited to project design. bid specifications, (bid/proposal)
submittals, activities of the Contractor, its officers, agents and employees,
lobbyists, City staff and elected officials to ensure compliance with the contract
documents and to detect fraud and corruption. Pursuant to Section 2-378 of the
City Code, the City is allocating a percentage of its overall annual contract
expenditures to fund the activities and operations of the Office of Inspector
General.
(C) Upon ten (10)days written notice to the Contractor, the Contractor 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,
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activities of the Contractor, its officers, agents and employees, lobbyists, City staff
and elected officials to ensure compliance with the contract documents and to
detect fraud and corruption.
(D) The Inspector General shall have the right to inspect and copy all documents and
records in the Contractor'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.
(E) The Contractor 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:
If this Agreement is completely or partially terminated, the Contractor shall
make available records relating to the work terminated until three(3)years
after any resulting final termination settlement: and
ii. The Contractor 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.
(F) The provisions in this section shall apply to the Contractor, its officers, agents,
employees, subcontractors and suppliers. The Contractor shall incorporate the
provisions in this section in all subcontracts and all other agreements executed by
the Contractor in connection with the performance of this Agreement.
(G) Nothing in this section shall impair any independent right to the City to conduct
audits or investigative activities. The provisions of this section are neither intended
nor shall they be construed to impose any liability on the City by the Contractor or
third parties.
20. Waiver of Breach.
A party's failure to enforce any provision of this Agreement shall not be deemed a waiver
of such provision or modification of this Agreement. A party's waiver of any breach of a
provision of this Agreement shall not be deemed a waiver of any subsequent breach and
shall not be construed to be a modification of the terms of this Agreement.
21. Severance.
In the event this Agreement or a portion of this Agreement is found by a court of competent
jurisdiction to be invalid, the remaining provisions shall continue to be effective unless City
elects to terminate this Agreement.
22. Joint Preparation.
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The parties hereto acknowledge that they have sought and received 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 a
joint effort of the parties, the language has been agreed to by parties to 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.
23. Mutual cooperation.
Contractor recognizes that the performance of this Agreement is essential to the provision
of vital public services and the accomplishment of the stated goals and mission of the
City. Therefore, the Contractor shall be responsible to maintain a cooperative and good
faith attitude in all relations with the City and shall actively foster a public image of mutual
benefit to both parties. The Contractor shall not make any statements or take any actions
detrimental to this effort.
24. Entire Agreement.
This writing and any exhibits and/or attachments incorporated (and/or otherwise
referenced for incorporation herein) embody the entire agreement and understanding
between the parties hereto, and there are no other agreements and understandings, oral
or written, with reference to the subject matter hereof that are not merged herein and
superseded hereby.
25. E-Verifv.
(A) Contractor 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-Ver:fy
Statute, commencing on January 1, 2021, Contractor 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, Contractor 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 Contractor enters into a contract with an approved subcontractor, the
subcontractor must provide the Contractor with an affidavit stating that the subcontractor
does not employ, contract with, or subcontract with an unauthorized alien. Contractor
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.
(B) TERMINATION RIGHTS.
(1) If the City has a good faith belief that Contractor has knowingly violated Section
448.09(1), Florida Statutes,the City shall terminate this Agreement with Contractor
for cause, and City shall thereafter have or owe no further obligation or liability to
Contractor.
(2) If the City has a good faith belief that a subcontractor has knowingly violated
Section 20(A), but the Contractor otherwise complied with such section, the City
will promptly notify the Contractor and order the Contractor to immediately
terminate the Agreement with the subcontractor. Contractor's failure to terminate
a subcontractor shall be an event of default under this Agreement, entitling City to
terminate the Contractor's contract for cause.
(3) A contract terminated under the foregoing Subsections (B)(1) or (B)(2) is not in
breach of contract and may not be considered as such.
Page 10 of 16
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(4) The City or Contractor or a subcontractor may file an action with the Circuit or
County Court to challenge a term nation under the foregoing Subsections(B)(1)or
(B)(2) no later than 20 calendar days after the date on which the contract was
terminated.
(5) If the City terminates the Agreement with Contractor under the foregoing
Subsection(B)(1), Contractor may not be awarded a public contract for at least 1
year after the date of termination of this Agreement.
(6) Contractor is liable for any additional costs incurred by the City as a result of the
termination of this Agreement under this Section 20.
[THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK]
Page 11 of 16
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IN WITNESS WHEREOF, the parties hereto have caused these presents to be
executed by the respective officials thereunto duly authorized, this date and year first
above written.
FOR CITY: CITY OF MIAMI BEACH, FLORIDA
ATTEST:
e—DocuSigned by: ( ! • -) DS
By: rA j. arAJAada Z r1:18
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'—FAB6 a1Ftulk City Man ger
Date: 10/2/2024 I 9:44 AM EDT
FOR CONTRACTOR:
WITNESS:
DocuSigned by: r—�:
By: C 6(tliu5BD2 ILA-
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Koren Ilia Zuleica Pena
Print Name Print Name
Date: 10/1/2024 I 1:07 PM EDT
Approved: Approved as to form & language&
for execution.
7
DocuSigned by: ,
.---- . 4,121br'-'-- 041b,,,,,
La Director City Attorney _,.
ADate
CDocuSigned by:
rarat.ica Mt SkW art Budget code 177-6881-000343-12-400-592-00-00-00-
920B4A610EE1463_.
Office of Management and Budget
,—Signed bbyy:,,,�,,,,,
146a laO iO YRW4As
F:ATTOITORG/Agreementsllndependent Contractor Agreement/Independent Contractor Agreement 2017
modified 12-19-2017
Page 12 of 16
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Exhibit A
Description of Services
The Contractor will provide afterschool enrichment for students in grades 2-8
The description of the Afterschool enrichment classes is incorporated herein by
reference and attached hereto as Exhibit"A-1". All classes will be conducted in-person.
If the classes must pivot to virtual methods the City Manager must provide approval in
writing, of the delivery method.
Afterschool enrichment will take place in the following Miami Beach Public Schools:
❑ Biscayne Elementary
X Fienberg Fisher K-8 Center
❑ Miami Beach Sr. High School
Fall 2024 Semester Dates (10 weeks)
Week 1: October 1-2 Week 6: November 6-7
*No School October 3r° `No school November 5rh
Week 2: October 8-10 Week 7: November 12-14
Week 3: October 15-17 Week 8: November 19-21
Week 4: October 22-24 '`No school November 25-29t
Week 5: Oct. 29-31 Week 9: December 3-5
Week 10: December 10-12
Spring 2025 Semester Dates (10 weeks)
Week 1: February 4-6 Week 7: March 18-20
Week 2: February 11-13 *No school March 24-28
Week 3: February 18-20 Week 8: April 1-3
Week 4: February 25-27 Week 9: April 8-10
Week 5: March 4-6 Week 10: April 15-17
Week 6: March 11-13
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Exhibit A-1
Class Title: STEAM Minds
Schedule: Thursdays (3:15pm —4:15pm)
Semesters: Both (Fall 2024 and Spring 2025)
Description: STEAM Minds Enrichment Program
This curriculum integrates SEL with STEAM, ensuring a balanced approach that fosters
both emotional and technical development.
Week 1: Introduction to Social Skills
• Objective: Understand basic social skills and their importance.
• SEL Element: Building rapport and recognizing social cues.
• STEAM Element: Simple engineering project related to social interaction.
• Activity: Icebreaker games to practice social skills and discussions on what
makes a good friend. Build a "Friendship Machine" using simple materials.
Week 2: Emotional Awareness
• Objective: Recognize and label different emotions.
• SEL Element: Identifying and expressing emotions.
• STEAM Element: Create an emotional tool using art supplies.
• Activity: Play emotion charades and create an "Emotion Wheel" to identify and
express feelings.
Week 3: Empathy and Perspective-Taking
• Objective: Understand and share the feelings of others.
• SEL Element: Practicing empathy and perspective-taking.
• STEAM Element: Design a perspective-taking model.
• Activity: Role-play scenarios to practice empathy and create a "Perspective-
Taking Bridge" using various materials.
Week 4: Effective Communication
• Objective: Learn and practice active listening and clear communication.
• SEL Element: Enhancing listening skills and clear expression.
• STEAM Element: Build a communication tool.
• Activity: Play"Telephone" and "Story Building"games; design and build a
"Message Relay System"to illustrate effective communication.
Week 5: Problem-Solving Skills
• Objective: Develop strategies for resolving conflicts and solving problems.
• SEL Element: Collaborative problem-solving and critical thinking.
• STEAM Element: Create a problem-solving machine.
• Activity: Engage in team-building exercises and problem-solving scenarios;
build a "Problem-Solving Machine" to work through challenges.
Week 6: Self-Awareness and Self-Regulation
• Objective: Recognize personal strengths and manage one's own emotions.
• SEL Element: Self-reflection and emotional management.
• STEAM Element: Create a self-regulation tool.
• Activity: Self-reflection exercises, mindfulness practices, and make a "Self-
Regulation Tool" such as a stress ball
Week 7: Building Healthy Relationships
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• Objective: Understand the qualities of healthy relationships and practice
building them.
• SEL Element: Developing trust and cooperation.
• STEAM Element: Collaborative project design.
• Activity: Group discussions on healthy relationships and collaborative project
work; create a 'Relationship Garden" using craft materials.
Week 8: Decision-Making and Responsibility
• Objective: Make thoughtful decisions and understand personal responsibility.
• SEL Element: Decision-making skills and accountability.
• STEAM Element: Design a decision-making tool.
• Activity: Engage in decision-making scenarios and discussions; build a
"Decision-Making Flowchart" or"Responsibility Tracker."
Week 9: Gratitude and Positive Thinking
• Objective: Practice gratitude and focus on positive aspects of life.
• SEL Element: Cultivating gratitude and a positive mindset.
• STEAM Element: Create a gratitude display.
• Activity: Keep gratitude journals and share positive experiences; create a
"Gratitude Tree" or"Positive Thinking Collage."
Week 10: Reflection and Celebration
• Objective: Reflect on learned skills and celebrate achievements.
• SEL Element: Reflecting on personal growth and celebrating success.
• STEAM Element: Create a reflection and celebration display.
• Activity: Share personal growth stories, and celebrate achievements; build a
'Reflection Board" and participate in a group art project.
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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 5/7TH
VOTE, THE FORMAL COMPETITIVE BIDDING REQUIREMENT, IN
ACCORDANCE WITH SECTION 2-367(E) OF THE CITY CODE, AS TO THE
SELECTION OF ALL FUTURE AFTERSCHOOL SERVICE PROVIDERS
CONTEMPLATED UNDER THIS RESOLUTION, FINDING SUCH WAIVER TO
BE IN THE CITY'S BEST INTEREST; FURTHER, AUTHORIZING THE CITY
CLERK AND CITY MANAGER TO EXECUTE ALL APPLICABLE
AGREEMENTS WITH SERVICE PROVIDERS SELECTED BY THE CITY
MANAGER AND SCHOOL SITE PRINCIPAL; AND FURTHER AUTHORIZING
THE CITY CLERK AND CITY MANAGER TO EXECUTE ANNUAL
AGREEMENTS WITH THE SERVICE PROVIDERS DESCRIBED IN EXHIBIT A
SUBJECT TO AN ANNUAL ALLOCATION OF FUNDS DURING THE CITY'S
ANNUAL BUDGET PROCESS.
WHEREAS, the City of Miami 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
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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 Reso'ution 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
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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
5/7th vote, the formal competitive bidding requirement, in accordance with Section 2-367(e)of the
City Code, as to the selection of all future afterschool service providers contemplated under this
Resolution, finding such waiver to be in the City's best interest; further, authorize the City Clerk
and City Manager to execute all applicable agreements with service providers selected by the
City Manager and school site principal; and further authorize the City Clerk and City Manager to
execute annual agreements with the service providers described in Exhibit A subject to an annual
allocation of funds during the City's annual budget process.�
PASSED and ADOPTED this �G day of ✓d , 2023.
ATTEST:
hi 2.8.2023 Dan Gelber, Mayor
Rafael E. Granado, City Clerk ,Mi,e APPROVED AS TO
..... y FORM & LANGUAGE
&FOR EXECUTION
ItiCORPT,
OWED!
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Resolutions -C7 I
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Alina 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 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.
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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 Citys annual budget process.
BACKGROUND/HISTORY
As part of an ongoing effort to enrich the lives of youth in the community, the City of Miami
Beach has launched a free Miami Beach After-School Enrichment Program (ASEP)to three
Miami Beach schools in hopes of improving student self-esteem, providing a positive
environment for kids and inspiring children to build their natural curiosity through hands-on
learning.
The unique needs of each participating school make it challenging to preselect providers
without ongoing collaboration between the City's Chief Education Officer and each
appropriate school site principal annually. Each afterschool enrichment class is fundamental
in encouraging critical thinking, sparking creativity, setting the foundation for a career in
growing fields, and ensuring Miami Beach educational enrichment programming is accessible.
In January 2008, the City of Miami Beach entered into an Education Compact with Miami-
Dade County Public Schools to enhance learning opportunities for youth. The Compact
reflects the desire of the Miami Beach community to support excellence in the City's public
schools and currently addresses and supports the following priority areas: Teacher
Recruitment/Retention; Communication; Parental Involvement/Family Support; Youth and
Community Engagement; Health and 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.
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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 Citys 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-8
during the 2023-24 school year and allocate a$10,000 grant for art education programming at
Miami Beach Fienberg Fisher K-8 as part of the City's budget process annually.
ANALYSIS
The Afterschool program continues to expand and provide enrichment to Miami Beach youth.
By engaging students around the subjects of Science, Technology, Engineering, Art, and
Math, the Afterschool program aims to spark an interest and life-long appreciation of the arts
and sciences in children from an early age.
As student bodies change, so do the interests of those student bodies, making it challenging
to guarantee the annual use of funds identified for specific programs at specific schools.
SUPPORTING SURVEY DATA
49%of residents indicated satisfied or very satisfied with public schools in Miami Beach
FINANCIAL INFORMATION
Funding approved in prior resolutions. No new funding requested. See Appendix A.
Applicable Area
Not Applicable
Is this a"Residents Right Does this item utilize G.O.
to Know" item.pursuant to Bond Funds?
City Code Section 2-14?
No No
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Strategic Connection
Prosperity-Be known for(K-12)educational excellence.
Legislative Tracking
Education and Performance Initiatives
ATTACHMENTS:
Description
D Resolution
Appendix A-Afterschool Reso Tracker Chart
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EXHIBIT A
Reso No. Title Amount(S) 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,FAMIUES,AND TEACHERS TO COOK FOR A HEAL
THIER LIFE;APPROVING A PARTNERSHIP WITH COMMON THREADS;REFERRING THIS MATTER
TO THE FINANCE AND CITYWIDE PROJECTS COMMITTEE TO IDENTIFY FUNDING FOR A
PARTNERSHIP WITH COMMON THREADS;AND AUTHORIZING THE CITY MANAGER TO EXECUTE
AN AGREEMENT FOR A PARTNERSHIP WITH COMMON THREADS,AFTER FUNDING APPROVAL
IN AN AMOUNT NOT TO EXCEED$18,925.77.
2018-30259 RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA, $60,000 Selected Annually for Biscayne
ACCEPTING THE RECOMMENDATION OF THE FINANCE AND CITYWIDE PROJECTS COMMITTEE Beach Elementary and Miami
TO IMPLEMENT THE FOLLOWING EDUCATIONAL ENHANCEMENTS IN THE CITY'S PUBLIC Beach Fienberg Fisher K-8
SCHOOLS FOR THE 2018-2019 SCHOOL YEAR AND SUBSEQUENT SCHOOL YEARS,SUBJECT TO
APPROVAL OF A BUDGET AMENDMENT FOR FY 2017-2018 AND FUNDING APPROVAL IN EACH
SUBSEQUENT FISCAL YEAR DURING THE CITY'S BUDGETARY PROCESS:(I)AFTERSCHOOL
ACTIVITIES AT BISCAYNE ELEMENTARY SCHOOL AND FIENBERG/FISHER K-8 CENTER,IN AN
AMOUNT NOT TO EXCEED$60,000;(II)READING TUTORS FOR STUDENTS WHO ATTEND SOUTH
POINTE ELEMENTARY SCHOOL NORTH BEACH ELEMENTARY SCHOOL,BISCAYNE ELEMENTARY
SCHOOL FIENBERG/FISHER K-8 CENTER,AND NAUTILUS MIDDLE SCHOOL,IN AN AMOUNT NOT
TO EXCEED$50,000;(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 AU.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$3,600 PER YEAR.
2021-31537 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, N/A Submitted Annually by Young
FLORIDA,APPROVING AND AUTHORIZING THE CITY TO ACCEPT DONATIONS TO SUPPORT THE Musicians Unite
CITY OF MIAMI BEACH AFTERSCHOOL ROCK ENSEMBLE ENRICHMENT ROGRAM,TO BE UTILIZED
BY THE CITY OF MIAMI BEACH'S AFTERSCHOOL ENRICHMENT ROCK ENSEMBLE PROGRAM AT
MIAMI BEACH SENIOR HIGH SCHOOL,AND APPROPRIATE THE SAID DONATIONS TO THE CITY'S
EDUCATION COMPACT FUND FOR USE EXCLUSIVELY TO SUPPORT THE CITY'S ROCK ENSEMBLE
AFTERSCHOOL ENRICHMENT PROGRAM.
Pac, g4713opl 1588
Docusign Envelope ID:91DF23FE-41B2-412E-BE75-1F5859EC0745
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EXHIBIT A
Reso No. Title Amount($) Service Provider
2022-32054 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,DC0;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 Afterschool Programming:15122,525.77
Pa5S&7240Q11588
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MA M I BEACH Contract/Document Routing Form
Contract No. Title
ZULEICA PENA CMB ICA AFTERSCHOOL 2024-2025
II I
Zuleica Pena I EDUCATION 72MIIIIIIIPERFORMANCE INITIATIVES
DocuSrea
DR.LESLIE ROSENFELD ,; JASON GREENE c61
r r
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:
This agreement allows the contractor to provide free STEAM afterschool programming to students at Fienberg-Fisher K8 for
the 2024-25 school year.Afterschool programming for 2024-25 will also be provided by FROST Museum,Florida
International University,and Moonlighters Fablab. In 2008,the City of Miami Beach entered into an Education Compact
with Miami-Dade County Public Schools to enhance learning opportunities for youth.Reso 2018-30259 approved afterschool
activities at these schools including subsequent school years in an amount not to exceed$60,000.In July of 2023 the Mayor
and Commission signed Reso 2023-32686 which consolidated all Afterschool Enrichment Resolutions,approving funding
(listed on pages 8&9 of Reso)for$122,525.77 for Fiscal Year 2024 and each year thereafter with the authorization of the
City Manager and City Clerk to execute any and all required agreements to implement the educational enhancements.
October 1.2324-.,Jne 5,2025
Grant F,;ndeo. J Yes X 1 No ' State j 5ederal Other:
1 $600 177-6881-000343-12-400-592-00-00-00 4 Yes X J No
1.For contracts longer than five years,contact the Procurement Department. 2.Attach 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: j X I Yes I ' No Resolution No.. CC Agenda item No.. CC Meeting Date
( 2023-32686 C7l 7/26/2023
If no,explain why CC approval is not required:
Legal Form Approved: J X J Yes I I No I If no,explain below why form approval is not necessary:
Procurement: NA Grants: NA
Budget:Tameka Otto- Information Technology: NA
Stewart 4,,,,,gts„4„fu.„
Risk Management: t0 Fleet&Facilities: NA
Human Resources:Maria Other: NA
E,A8298740408
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