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2025 Independant Contractor Agreement between Christie Clark (contractor) and CMB Docusign Envelope ID:3814C832-A193-4C09-92B6-5ADD96C95E1E Docusign Envelope ID:BBD19F85-A30E-400E-978F-AEOCE7EFBBCS 2, Q �, —�, J �� � 1 tNQEPENDENT CONTRACT�R AGREEMENT This Agreement is entered into on $�12iZo25� �o:2a a���etween Christie Clark("Contractor') and the City of Miami Beach, Florida (the "City"}, for a period of approximately 250 hours, with an effective starting date of August 14, 2025 and an end date of Ju�e 5, 2026(the"Term"). 1. Description af Services. Contractor will provide the services described in Exhibit"A" hereto (the"Services"}. Although Contractor may receive a schedule of the available hours to pravide its Services, the City shall not contral 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, aU 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, Contractor should ! conkact the following person: ; ; Dr. Leslie Rosenfeld, Chief Education Officer EDUCATION AND PERFORMANCE INITIATIVES DIVISION 1700 Convention Center Drive, Miami B�ach, FL 33139 7e1: 3Q5-673-7000 ext. 6923 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 pe�hour,in a total amount not to exceed 7 500 throughout the Term (the"Fee"), which shall be paid as described in Exhibit"B" hereto. The Contractor shall issue i�voices to the City pursuank to the mutual agreement af the parties and pursuant to the Fee Schedule set forth in Exhibit "8" hereto, which invoices shall include a detailed description of that poRion (or those portions) of the Services provided. The City shall ' remit payment to the Contractor within 45 days of receiving an acceptable and approved invoiee s from the Contractor for that portion(or those poRions)of the Services satisfactorily rendered(and s referred to in the particular invoice). 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 fou�teen (14) days ; following receipt by the other parfy of the written termination notice. Notwithstanding the foregoing, in the event of a public health, welfare or safety concern, as determined by the City r Manager, in the City Manager's sole disoretion, 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 Contractor is continuing to satisfactorily perform all Services up to the date of termination. Thereafter, the City shall be fully discharged from any , ^; � <``�r�e�;s;t%�*�,,.', _ � „ �; <��' ..,�, _II i Docusign Envelope ID:3814C832-A193-4C09-92B6-5ADD96C95E1E � ' Oocusign Envebpe ID:BBD19F85-A3DF-400E-976F-AEOCE7EFBBC5 � ' further liabilities, duti�s, and terms arising out of, or by virtue of, this Agreement. j 4. IndemnificationlHold Harmless. k 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, clairns, 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 r to have arisen from the negligent acts or omissions or other wrongful conduct af 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� Contract4r 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 casts and attorney's fees expended by the City in defense of such claims and losses, including �° appeals. The parties agree that one percant(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 Rrovision is intended d to and shall survive the termination(or earlier expiration)af this Agreement. 5. Limitatian of I.iabilitv. ' The City desires to enter into this Agreement only if in sa doing the City can place a limit on City's 3 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 Contractar pursuant to this Agreement, less any amounts actually paid by the Ciry as of the date of the aHeged 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 cc�ntract 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 af the date of the alleged breach. a Accordingly, and notwithstanding any other term or condition of this Agreement, Contractor hereby agrees that the City shall nat be liable to Gontractor for damages in the 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 delivared 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 , ovemight delivery service. Docusign Envelope ID:3814C832-A193-4C09-92B6-5ADD9BC95E1E Docusign Envebpe ID:8B019F85-A3DF-400E-9�6F-AEOCE7EFB8C5 Untii changed by notice in writing, all such notices and cammunications shall be addressed as follows: CONTRACTOR: Ghristie Clark 2341 NW 140 Street Opa Locka, FL 33054 (305)992 2$77 christieclark305�a gmail.com CITY: Dr. Leslie Rosenfeld City af Miami Beach Education and Performance Initiatives Division 1700 Convention Center Drive Miami Beach, FL 33139 305-673-7000 ext. 26923 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 EN7ERING INTU THIS AGREEMENT,CITY ANO CONTRACTOR EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE T� A TRIAI BY JURY OF ANY CIVIL LITIGATION RELATEO TO, QR ARISING OUT 4F, TNIS AGREEMENT. 8. Dutv af Care/Camptiance with Applicable Laws/Conflict af 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. � In its performance af the Seniices, Contractar shall camply with all applicable laws,ordinances, and regulations of the Gity, Miami-Dade County, the 5tate 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 ar degree with the performance of the Services. Gontractor 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 shali be able to provide similar services to other third ; parties as long as they do not conflict with the Services to be provided hereunder. ; Docusign Envelope ID:3814C832-A193-4C09-92B6-5ADD9BC95E1E Docusign Envelope ID:BBD19F85-A3DF-400E-976F-AEOCE7EFBBCS 9. No Qiscrimination. In connection with the performar�ce 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, calor, national origin, sex, age, disability, religion, income or family status. Addi#ionally, Contractor shall comply with City of Miami Beach Human Rights Ordinance, codified in Chapter 62 of the City Cade, as may be amended from time to time, prohibiting discrimination in employment (including independent contractors), housing, public accammodations, or public services, and in connection with its membership or policies because af actual or perceived race, color, national prigin, religion, sex, intersexuality, gender identity, sexual orientation,mantal and familial status,age,disability,ancestry height,weight,hair texture andlor hairstyle, domestic partner status, labor organization membership, familial situation, and political affiliation. 10. Florida Public Records Law. (A} Contractor shall comply with Flanda Public Records law under Chapter 119, Ftorida ' Statutes, as may be amended from time to time. (B) 7he term "public records" shall have the meaning set forth in Section 119.011(12), which means all documents, papers, letters, maps, books, tapes, photographs, �Ims� sound recordings, data processing software, or other material, regardless af the physical form, '' characteristics, ar means of transmission, made or received pursuant to law or ordinance or in cannection with the transaction of official business of the City. (G) Pursuant to Section 119.0701 of the Florida Statutes, if the Contractor meets the definition of"Contractar"as de�ned in Section 119.Q701(1)(a), the Contractor shalL• (1) Keep and maintain public records required by the City to perform the service; '' (2) Upon request fr�m the Gity's custodian af public records, provide the City with a ' capy 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 ar as otherwise provided by law; � (3) Ensure that public records that are exempt or confidential and exempt from public i records disclosure requirements are not disclosed, except as authorized by law, ; for the duratian 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 senrice. If the Contractor transfers all public records to the City upon campletion af the Agreement, the Contractor shafl 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 technplogy systems of the City. (D} REQUEST FOR RECORDS; NONCOMPLlANCE. � (1) A request to inspect or copy public records relating to the City's contract for Docusign Envelope ID:3814C832-A193-4C09-9266-5ADD9BC95E1E Docusign Envelope IQ:BBD19F85-A3DF-400E-97BF-AEOCElEF88C5 services must be made directly to the City. If the City does not possess the requested records, the City shali 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 reasonabie time. (2} Contracto�'s failure to comply with the City's request far records shall constitute a breach of the Agreement, and the City, at its sale discretion, may: (1) unilat�rally 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 tirne may be subject to penalties under s. 119.10. (Ej CIVIL ACTION. (1) If a civil action is filed against a Contracto�to compet production of public records relating to the City's cantract far 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 Cont�actor unlawfully refused to comply with the publie 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 Gontractor has not complied with the request,to the City and to the Cantractor. ' (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 ; b� 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. s (3) A Contractor who complies with a public records request within eight(8) business i days after the notice is sent is not liable far the reasonable costs of enforcement. ! �E} IF TNE CQNTRACTOR HAS QUESTIONS REGARDING THE � APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTUR'S DUTY TO PROVIDE PUBLIG RECORDS RELATING TO THIS AGREEMENT, CQNTACT THE CUSTQDIAN C?F PUBLIC RECORDS AT: CITY C�F MIAMI BEACH ATTENTIQN: CITY CLERK 17QQ CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 E-MAIL: RAFAELGRANADO(a)MIAMIBEACHFL.GOV PHONE: 305-673-7411 � 11. Ownership of Qocuments/Patents and Copvriqhts. I Any and all documents prepared by Contractor pursuant to this Agreement are related exclusively to the Services described herein shall be deemed ta 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 ��,. �+�y ' �� �± � � ���"� �'` , � '� I Docusign Envelope ID:3814C832-A193-4C09-92B6-5ADD96C95E1E . •-. a� � _ '��'�"r ..��' -. Docusign Envelope ID:BBD19F85-A3DF-400E-976F-AEOCE7EFBBCS Cantractor, other than to the City, shali first be approved in writing by the City Manager, which approvai, if granted at ali, shall be at the City Manager's sole and absolute discretion. Any patentable and/or copyrlghtable result arising out of this Agreament, as well as all information, specifications, processes, data and findings, are hereby assigned to the Ciry, in perpetuity,for public use. No reports, other documents, artic(es 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(o�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. L.iabilitv for Rent. Supplies. Eauipment, Etc. Contractor shall provide all funds necessary to pay all debts, disbursements, and expenses incurced in connection with its performance of the Services hereunder, and shall not be entitled ' to any reimbursement from the City unless otherwise ag�eed to by khe City. It will also provide all supplies and equipment necessary to provide such Services. If Contractor uses any of the ', City's facilities, suppfies, 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. Liabilitv for Sub-contractors. Contractor shall be liable far its Services, responsibilities and liabilities under this Agreement and the costs, services, responsibilities and lia�ifities 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 fumish 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}andlor any other person or entity acting under the direction or control of Contractor(if any}. Afl sub-contractors (if any) must be disclosed in writing to the City prior to their engagement by Contractor. 14. Indeaendent Cantracto�/No Joint Venture. ' THIS AGREEMENT SHALL NOT CONSTITUTE OR MAKE THE PARTIES A PARTNERSHIP �R JOINT VENTURE. FC?R THE RURPOSES OF THIS AGREEMENT, THE CC?NTRACTUR SHALL BE DEEMED TO BE AN INDEPENDENT Ct)NTRACTOR, AND NOT AN AGENT OR EMPLOYEE OF THE CITY,AND SHALL NOT ATTAIN ANY RIGHTS OR BENEFITS UNDER THE CIVIL SERVICE OR PENSI�N ORDINANCE OF THE CITY,OR ANY RIGHT GENERAL�Y ' AFFORDED CLASSIFIED QR UNCLASSIFIED EMPLOYEES INCLUDING ANNUAL AND SICK QAY ACCRUAL. FURTHER,TNE GONTRACTOR SHALL NOT BE DEEMED ENTITLED TO FLORIDA WORKER'S COMPENSATIC?N BENEFITS AS AN EMPLOYEE OF THE CITY OR ACCUMULATION UF SIGK QR ANNUAL LEAVE. The Contractor shall be the sole party responsible for any and all employment taxes, unemployment compensatian taxes or insurance, sociaf security taxes,or other taxes, insurance payments, or otherwise whether levied by any country o�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 timited to, for r, �r,}�" :x „ ..�°�r.' "�,x � ...,y:� �v>., f Docusign Envelope ID:3814C832-A193-4C09-92B6-5ADD9BC95E1E F�" "`""" "" � �` `" " " ! � Docusig�Envelope ID:B�D19F85-A3DF-400E-976F-AEOGETEFBBGS I ; purposes of the Federal insurance Contribution Act, the Social Security Act, the Federal j Unemployment Tax Act, the pravisions of the Internal Revenue Cade, any state revenue and ; taxation code relating to incame tax withholding at the source of income, the Workers' � Compensation Insurance Coda and other benefit payments and third party liability claims), and ; the Contractar shatl indemnify and hold the City harmless fr4m all costs, loss, damages ar j expenses (including but not limited to taxes, accounting fees, caurt costs, and attorney's fees at ; all levels of litigation) in the event of any determination ta the contrary by any court of competent jurisdiction or governmental authority. The Contractor recagnizes and understands that it will receive an Internal Revenue Service Form 1099 statement and related tax statements and will be � required to file carporate 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 attomey's fees, and legal expenses, incurred by the City as a result of the Contractor's failure to make such required payments. i � Except as otherwise expressly provided in the Agreement, the Contractor shall in no way hold " itself out as an emptoyee, 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, an behalf of or in the name of the City or to bind ' the latter in any matter or thing whatsoever. F '15. Purchase Order Requirement. 1 ; This Agreement shall not be effective until executed by the parties hereto and until the Ciry has issued a Purchase �rder for this Agreement i � 16. Farce Maieure. � (A) A"Force Majeure" event is an event that(i) in fact causes a delay in the performance of the Contractor or the City's obligations under the Agreement, and (ii) is beyond the reasonabl� control of such party unable to perform the obligation, and (iii) is not due to an intentional act, error, omission, or negligence of such party, and (iv} could not have reasonably been foreseen and prepared for by such party at any time prior to th� occurrence of the event. Subject to the foregoing criteria, Force Majeure may include events such as war, civil insurrection, riot, fires, epidemics, pandemics, terrorism, sabatage, explosions, embargo restrictions, quarantine � restrictions, transpartation accidents, strikes, strong hurricanes or tomadoes, earthquakes, or other acts of God which prevent perfarmance. Force Majeure shall not include technological . impossibility, inclement weather, or failure to secure any of the required permits pursuant to the Agreement. : (B) If the City or Contractor's performance of its contractua�obligations is prevented or delayed by an event believed by to be Force Majeure, such party shall immediately, upon leaming of the occurrence of the event or of the commencement of any such delay, but in any case within fifteen a (15}business days thereof, provide notice: (i)of the occurrence of event of Force Majeure, {ii)of the nature of the event and the cause thereof, (iii} of the anticipated impact on the Agreement, (iv)of the anticipated period of the delay, and(v)oF what course of actian such party plans to take in order to mitigate the detrimental effects of the event. The timely delivery of the notice of the occurrence of a Force Majeure event is a condition precedent to allawance of any refief pursuant to this section; however, receipt of such natice shall not constitute acceptance that the event claimed to be a F�rce Majeure event is in fact Force Majeure, and the burden of proof of the occurrence of a Force Majeure event shall be on the requesting party. .� ,_� � _ . . �� ,. s , . �<- - .� ,� �:��������.��.�� . . . __,. . .> .: ..,_ Docusign Envelope ID:3814C832-A193-4C09-92B6-5ADD96C95E1E " Docusign Emelope ID:BB019F85-A3DF�t00E-976F-AEOCE7EFBBCS =�- � .„ .. :. , ., v. . ,.. .. . .w , _„ _., , , ,.. .,., . ., . ., .. ... .. ,. .,. ,, .. �. . ,. . . , . . � __ w (C) No party hereto shall be liable for its failure to carry out its obligations under the Agreement during a period when such party is rendered unable, in whale ar in part, by Foree Majeure to carry out such abligations. The suspension of any of the obligations under this Agreement due to a Force Majeure event shall be of no greater scope and no langer duration than is required. The party shall use its reasonable best efforts to continue to pe�form its obligations hereunder to the extent such obligations are not affected or are only partiaily affected by the Force Majeure event, and to correct or cure the event or condition excusing performance and otherwise to remedy its inability to perfarm to the extent its inability to perform is the direct result af the Force Majeure event with ali reasonable dispatch. (D) Obiigations pursuant ta the Agreement that arose before the occurrence of a Force Majeure event, Gausing the suspension of performance, shall not be excused as a result of such occurrence uniess such occurrence makes such performance not reasonably possibie. The obligation to pay money in a timely manner for abligations and liabilities which matured prior to ' the occurrence of a Force Majeure event shall not be subject to the Force Majeure provisions. ', (E) Natwithstanding any other provision ta the cantrary herein, in the event of a Force Majeure occurrence, the City may, at the sole discretion af the City Manager, suspend the Citys payment '� obligations under the Agreement, and may take such action without regard to the natice requirements herein. Additionally, in the event that an event of Force Majeure delays a party's , performance under the Agreement far a time period greater than thirty(30)days,the City may, at the sole discretian of the City Manager,terminate the Agreement on a given date,by giving written notice ta Contractor of such termination. If the Agreement is te�minated pursuant to this section, Contractor shall be paid for any Services satisfactorily performed up to the date of termination; follawing which the City shall be discharged from any and all liabilities, duties, and terms arising out of, ar by virtue of, this Agresment. In no event will any condition of Force Majeure extend this t Agreement beyond its stated Term. 17. Assianment. 4 + 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 nat less than sixry(60)days prior to the date of any proposed assignment. 18. Audit and Insaection Records. Cantractor shall permit the authorized representatives of the City to inspect and audit all data and records of the Contractor, if any, relating to perfarmance under this Agreement until the expiration ' of three years after flnal 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 authorizad representatives shall, until the expiration of three years after final payment to the sub-contractor, have access to and the sub-contractor, involving transactions related to the sub-contractor. 19.Inspector General Audit Riqhts. (A} Pursuant to Section 2-256 of the Code of the City of Miami Beach,the City has established �'; the Office of the Inspectar General which may,on a random basis,perform reviews,audits, � inspectians and investigations on aIl City contracts, throughout the duration of said , ;� � ,�� ,a �. „� . ,.�-,� � � �� . Docusign Envelope ID:3814C832-A193-4C09-92B6-5ADD96C95E1E � ° ` ��4 ��� - ' Dacusign Envelope ID:BBD19F85-A3DF-400E-976F•AEQCE7EFBBCS � cantracts. 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 Generai is authorized to investigate City affairs and empawered 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 aaths, require the production of witnesses and monitor City projects and �rograms. Monitaring 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 ct�ntract documents and applicable law. The Inspector General shall have the power to audit,investigate,monitor,oversee, inspect and r�view operations,activities, performance and procurement pracess 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�nsure 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 (1Q} days written notic� to the Gontractor, the Contractor shall make all requested records and documents availabfe to the Inspector General for inspection and copying. The Inspector General is empowered to retain the services of independent private sector auditors to audit, investigate, monitor, oversee, inspect and review operations activities, performance and procurement process including but not limited to project design, bid specifications, (bid/proposal)submittals, activities of 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. (p} The Inspector General shell have the ri�ht to inspect and copy all documents and records in the Cantractor's possession, custody or contral which in the Inspector General's sole judgment, pertain to performance of the contract, including, but not limited to original ' estimate �les, change order estimate files, worksheets, proposa�s and agreements from and with successful subcontractars and suppliers, all project-related correspondence, memoranda, instructions, financial documents, construction documents, (bid/proposal) and contract dacuments, back-change documents, all documents and records which involve cash, trade or valume discounts, insurance proceeds, rebates, or dividends recsived, payroil and personnel records and suppoRing documentation for the aforesaid dacuments and records. (E} The Contractor shall make available at its o�ce at all reasonable times the records, materials,and other evidence regarding the acquisition(bid preparation)and perfo�mance 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 i clauses of this Agreement. In addition: 1. If this Agraement is completely ar partially terminated, the Contractor shall make available records relating to the work terminated until three (3) yea�s after any resulting final termination settlement; and 2. The Contractor shaN make available records relating to appeals or to litigation or the settiement of claims arising under or relating to this Agreement unti! such appeals, litigation, or claims are finally resolved. ; ,. _.__.__ - ,��,��@ , _ � �,�.,. . , , .. �� , Docusign Envelope ID:3814C832-A193-4C09-92B6-5ADD9BC95E1E � "' � � � 6 � , , Dacusign Envalope�D:BBR18F@5-A30E-40QE-976F-AEOCE7EF88C5 i {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 ali subcontracts and ail other agreements executed by the Gontractor 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 rmpose any liability on the City by the Contractor or third parties. 20. E-Verif (A) To the extent that Contractor provides lab�r, supplies, or services under this Agreement, Contractor shall comply with Section 448,095, Florida Statutes,"Employment Eligibility"("E-Verify Statute"}, as may be amended from time to time. Pursuant to #he E-Verify Statute, commencing ' on January 1, 2021, Gontractor shall registerwith and use the E-Verify system to verify the work authorization status of all newly hired employees during the Term of the Agreement. Additionally, Contractar 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, ar subcontract with an unauthorized alien. Contractor shall maintain a ! copy of such affidavit for the duration of the subcontract or such other extended p�riod as may be required under this Agreement. i � (Bj TERMINATION RIGHTS. �. (1) If the City has a good faith belief that Contractor has knowingly violated Section , 44$.09(1), Florida Statutes, the City shall terminate this Agreement with Contractor for cause, and the City shall thereafter have or owe no further obligation or liability to Cont�actor. {2) If the City has a good faith belief that a subcontractor has knowingly violated the foregoing Subsection 20(A), but the Contractar otherwise complied with such subsection, the City will promptly notify the Contractar and ordsr the Contractor to immediately terminate the contract with the subcontractor. Contractor's failure to terminate a subcontractor shall be an event of default under this Agreement,entitling City 10 terminate this Agreement for cause. (3) A contract terminated under the foregaing Subsection(B}1)or(B)(2)is not in breach of contract and may not be considered as such. � (4} The City or Contractor or a subcontractor may file an action with the Circuit or County Couft to challenge a termination under the foregoing Subsection (B}(1)or(B)(2) na later than 20 calendar days after the date on which the contract was terminated. ; (5} lf 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. � .. � , ; . �° `�_�... �x�,��xxf�,���"�� . ` ° Docusign Envelope ID:3814C832-A193-4C09-9266-5ADD96C95E1E ` ` ' � ' Docusign Envelope Id:BBQI9FSSA3DF-400E-9TBF-AEOCE7EFBBCS ' (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. 21. Contractor's Compliance With Anti-Human Traffickinq Laws. Contractor agrees to comply with Section 787.06, Florida Statutes,as may be amended from time to time, and has executed the GeRification of Compliance with Anti-Human Tra�cking Laws, as required by Section 787.06(13}, Florida Statutes, a copy of which is attached hereto as Exhibit „C„ 22. Prohibition on Cantractlna with a Business Engaqing in a Bovcott. , Contraetor warrants and represents that he/she is not currently engaged in, and will not engage , in, a boycott, as defined in Section 2-375 of the City Code. In accordance with Section 2-375.1 ' (2)(a) of the City Code, Contractor hereby certifies that Contractor is not currently engaged in, , and for the duration of the Agreement,will not engage in a boycott of Israel. 23. Prohibition on Contractinp with an Individual or Entitv Which Has performed Servfces for Compansation to a Candidate for Citv Elected Office. Contractor warrants and represents that,within two(2)years prior to the effective date,Contractor ', has not received compensatian for serviees performed for a candidate for City elected office, as � contemplated by the prohibitions and exceptions of Section 2-379 of the City Code. For the avoidance of doubt,the restrictions on contracting with the City pursuant to Section 2-379 ' of the City Code shall not apply to the following: ; (a)Any individual or entity that provides goods to a candidate for office. � (b)Any individual or entity that provides services to a candidate for office if those same services are regutarly performed by the individual or entity in the ordinary course of business for clients or cuslomers oiher than candidates for Qffice. This includes, without limitation, banks, telephone or internet service praviders, printing companies, event " venues, restaurants, caterers, transportation providers, and office supply vendors. (c� Any individual or entity whieh pertorms licensed professional services {including for example, legal or accounting services). 24. Waiver of B�each. i � 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 constn�ed to be a modification of the terms of this Agreement. s 25. Severance. i In the event this Agreement or a poRion of this Agreement is found by a cou�t of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless City elects to terminate this Agreement. ; Docusign Envelope ID:3814C832-A193-4C09-92B6-5ADD9BC95E1E � Oowsign Envebpe ID;88Q19F85-A3DF-400E-976F-AEUCE7EFBBCS 26.Joint Preaaration. The parties hereto acknowledge that they have sought and received whatever competent advice and counsei as was necessary for them to form a fuil and complete understanding of ail rights and obligatians herein and that the preparation of this Agreement has been a joint effort of the parties, the language has been agreed to by parfies to express their mutual intent and the resulting document shall not,solely as a matter of judicial construction,be construed more severely against ane of the parties than the other. 27. 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 fafth attitude in all relations with the City and shall actively foster a public image of mutual benefit to both paRies. The Contractor shall not make any statements or take any actions detrimental to this effort. 28. Entire A,greem�nt. This writing and any exhibits and/ar 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. � � [Signature Page to Follow] �� . �� , � ... � ��� � �� v-�. � �`� "�k��,"�'��`'�� .�.�`�ri .� ",�, '� � Docusign Envelope ID:3814C832-A193-4C09-9266-5ADD96C95E1E Docusign Envelepe ID:BBD19F85-A30E-400E-976F-AEOCElEFB8C5 IN WtTNESS WHEREOF, the parties hereto have caused these presents to be executed i by the respective officials thereunto duly authorized, this date and year first above written. G FOR GITY: GTY OF MIAMI BEACH, FLORIDA s ATTEST: C� r'� os os DocuSigned by: ( ' �� � I h By, at,�, �. �v'a.rn.a�.o ,Y� �,.C;i.� �B��ado, City Clerk Eric T. Carpent r, P.E., City Manager � a Date: 8�12/2025� 10:28 AM EDT i FOR CONTRACTOR: ; ; WITNESS: sq�,.e r,y: I �L j xtL i ������ 816/2025�11:34 AM EDT a t Print Name j Date: � 4 � APPROVED AS TO � FURM& LANGUAGE & FOR EXECUTION � _ C�:3 Q L ' � City Attorney %�`�' Date � 5 1 Docusign Envelope ID:3814C832-A193-4C09-9266-5ADD9BC95E1E Docusign Envelope ID:BB019FB5•A30P-400E-978F-AEOCE7EFBBCS I � I Exhibit A Description of Senrices � 'n rades 9 throu h 12. The Contractor's The Contractor shail provide math tutonng for students i g g instruction shall be designed to address each studenYs specific leaming needs and shali adhere ' to the F{orida B.E.S.T. Standards for Mathematics and the Miami-Dade County Pubiic Schools' � prescribed curriculum, pacing guides, and learning objectives for grades 9-12 math courses. The + Contractor will utifize their prafessional expertise and instructional strategies to effectively deliver � content aligned with these standards and objectives. � I � Tutoring will be provided in person or by virtual methods, provided that the City Manager's ` designee approves, in writing, of the delivery method. i a � Math tutoring will take place in Miami Beach Senior High for a total of up to 250 hours between � August 14, 2025,and June 5, 2026. , , � Docusign Envelope ID:3814C832-A193-4C09-92B6-5ADD9BC95E1E Docusign Envelope IQ:86D19F85-A3DF-40�E-976F-AEOCE7EFBBCS , Exhibit B Fee The Fee of$30 per hour covers math tutoring provided to students identified by the school principal, with the goal of supporting student achievement of the required Miami-Dade County Public Schoois'math standards. The $7,500 fee covers 250 hours in the 2025-2Q26 Schoal Year. Invoicing for these services shall be submitted bi-weekly and in a timely manner. I � i f Page 15 af 16 , � Docusign Envelope ID:3814C832-A193-4C09-9266-5ADD9BC95E1E � i Exhlbit C Human Traffickinq Affidavit in accordance with Section 787.06(13),Florida Statutes,the undersigned,on behalf of Contractor hereby attests under penalty of perjury that Contractor doss not use coercion for labot or services as defined in Section 787.06, Flarida Statutes, entitied"Human Trafficking". I understand that I am swearing or a�rming under aath to the truthfulness of the claims made in this affidavit and that the punishment for knowingly making a false statement includes fines andlor imprisonment. The undersigned is authorized to execute this aKdavit on behalf of Contractor. CONTRACTOR: �;, � ��--� `� �7, .�,�� Christie Glark 2341 NW 140 Slreet, Opa locka, FL 33054 (Name} (Address) State of Florida County of Miami Qade The foregoing instrument was acknowledged before me by means of C]physical presence or ❑ ; online notarization, Ihis 8 day of ���y , 2028 by Christie Clark , known to me to be the person described herei�, or who produced personally known as ideMificatian,and who didtdid not take an oath. NOTARY PUBUC:� � � !' f f,r i, ..� JqCQUQJNE COIFJ�NW �- (Signalure) - . —� N�rypublk i Jacqueline Caleman sauotpo�de Commli HH686110 i (Print Name) � �es 7l4/mz� = My commission expires: 07/09/2029 { Page 16 of 16 ..�_ Docusign Envelope ID:3814C832-A193-4C09-92B6-5ADD96C95E1E Docusign Envelope ID:BBD19F85-A3DF-400E-876F-AEOCE7EFBBC5 RESOLUTION NO.2021-31562 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEAGH, APPROVING THE AFTERSCHOOL MATHEMATICS TUTORIAL PROGRAM AT MIAMI BEACH SENIOR HIGH SCHOOL AND IVIlAMI BEACH NAUTILUS MIDD�E SCHOOL FOR THE 2020-21 SCHOOL YEAR AND. SUBSEQUENT SCHOOL YEARS, SUBJECT TO �UNDING APPROPRIATION AND APPROVAL DURING THE CITY'S BUDGETARY PROGESS FOR EACN SCHOOL YEAR, IN AN AMOUNT NOT TO EXCEED $15,000;AND, FURTHER,AUTHORIZING THE CITY MANAGER AND CfTY CLERK TQ EXECUTE ANY AND AL.L REQUIRED AGREEMENTS AND QOCUMENTS FOR THE CONTINUATION OF THIS EDUCATIONAL ENHANCEMENT. ' WHEREAS, in January 2008,the City of Miaml Beach, Florida(the°City")entered into an Education Compact with Mfami-Dade County Pubiic Schools to enhance learn(ng opportunities for youth; and WHEREAS,the Education Compacf reflects the desire of the Miami Beach community to ; support excellence fn the City's public schools; and i WHEREAS, on April 22, 2018, pursuant to Resolution No. 2018-3Q259, the following educational enhancements were approved for funding and implementation: Extracurricular after- schoo( activities for Biscayne Beach Elementary Schooi and Miami Beach Fienberg Fisher K-8; reading interventionists during schooi hours at North Beach Elementary School, Miami Baach South Pointe Elementary School, Miami Beach Fienberg Fisher K-8, Biscayne Beach Elementary School, and Miami Baach Nautilus Mfddle School; math interventionists during school hours at Miami Beach Nautilus Middle School and Miami Beach Senior H�gh School;and expanded mental health services at ail publlc elementary and middle schools in Miami Beach; and k WHEREAS, there are many students across tha country who have been struggling with their classes ircespective of the pandemic; and WHEREAS, on January 13, 2021, the Mayor and City Commission discussed Item No. R9 U, entitled °Discussion and Vote Regarding Cotlege Students Offer[ng Tutoring Services to Miami Beach Students" and voted to expand the tutoring services far mathematics for Miami Beach youth, in an amount not to exceed $15,000 per school year, and WHEREAS, the AdrninistraUon supports the recommended enhancement for students attendin9 Miami Beach Senior High School and Miami Beach Nautilus Middle School,which could include virtua( and/or in-school math tutoring services, during the 2020-2021 school year, and, thereafter,for each subsequent school year, subject to funding approval during each fiscal year ` through the City's budgetary process. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY COMMISSlON OF THE CITY OF MIAMI BEACH, FLORIDA that the Mayor artd City Commission hereby approve the afterschool mathematics tutorial program at Miami Beach Senior High School and Miami Beach Nautilus Middle Schaol for the 2020-21 school year and subsequent schao!years; subject ta funding appropriation and approvai during the City's Docusign Envelope ID:3814C832-A193-4C09-9266-5ADD9BC95E1E Docusign Envelope ID:BB019F85-A3bF-40QE-976F-AEOCE7EF88C5 budgetary process for each school yea�, in an amount not to exceed$15,000;and,further, authorize the City Manager and City Clerk to execute any and all required agreements and documents for the continuation of this educational enhancement. PASSED and ADOPTED this 13 day of January 2021. AT7EST: Dan Gelber, Mayor � 2 2+c�- Raf et E. rana , ity Cierk ,�,..��e��, 4 ���,cn........Fv.�y4 , . , , �"r"""' ' . d i �Ell'QRP 6(UTED; ; ,i 'hi � ��., a. ���Qrf ���'�.,. ''���,J-j..26,w- .,»,,.,...� i x t '' APPROVED AS TO 1 FORM & LANGUAGE ? &FOR EXECU7I�N �1�' � 2b ZD2.� City Attorcteych!"v i DC�tA � � E F:\OBPI\$ORQ DEV 8 PERF IMFNOrganizatiorral DevetopmenflOrg DevlCommittee Qualiry Educatlon\CompactlEDUCA710NAL INCTiATIVES 2019Wfterschoa112024-21 Wlath Tutors A5 202� 2 Docusign Envelope ID 3814C832-A193-4C09-9266-5ADD96C95E1E Oocusign Enveiope ID:BBD19F85-A3DF-400E-976F-AEQCE7EFBBC5 tJnui R��a��¢a A„�r�misston Renuests-R9 V MIAMIBEACH COMMlSSION MEMORANDUM TO: Horiorable Mayor and Members of the City Commission FROM: Commissioner Michael Gongora DATE: January 13,2021 SUBJECT:DISCUSSION AND VOTE REGARDING COLLEGE STUDENTS OFFERING TUTORING SERVECES TC?MIAMI BEACH STUDENTS. QjdALY31� Please place on the Jan 13 Cammission agenda item a discussion and vote regarding coilege shadeMs offe�ing tu0oring services to Miami Beach shxients. There are many studerrts across ihe cour�try who have been struggiing with tt�eir ciasses imespective of the pandemic. It would be a wirF- win for the coNege student and the Miamj Beach student as some coileges have ' completely ga online for the rest of the remafning semesters. I underst�rrxl that c�renUy w�e ' have funds fo�sct�ol iMerver�ionists. Piease feel free to cor�tact Diana For�tani shouid you ' need any addidonal infomnation. st�apt�RTiNG$�RYEY QATA N/A Aoolicable Area Citywide fs�is a"Residents Rlaht Qees thts item utilize G.O. to Know"ftem.oursuant ta F}ond Funds? C�Coc�Se�t[ 2-14? y� No yegi;�iative Trackina Commissior�r Michaei Gongora Page�s2a of�s5a # Docusign Envelope ID:3814C832-A193-4C09-92B6-5ADD9BC95E1E " Oocusign Envelope ID:88019F85-A3dF-40�E-8�6F-AEOCE7EFBBCS . , w ; ; � � � , � � ! �,��� ^ o 1 O � ��+ $ � � � � r ,_ � "'� ��, � F" � �,,.�. ,�u.u� �' : � � �-,�t'�..Q�.���� Y (� u �.1�� ^ J ,r ���+�rv$ � �� - � � � �����ut �i �� a i � � �'t'u`�O o' � (� ��V17_flj C�}o Z o F' �� � o��'a ,`��" � � a� � v UvaO ,..�0. ,y 'y' ��, } � i � s •�� ,` ,. � S .'..}. ""t $ � .r, � � � ', # 4` . � � — — — � � ;i�;r , -° w-- ,��.,,. ��'r"" '�" b� � j �1./ i (�,:+' _y V3 ? '� ��''�` ,�? � � '�. a � � � � i r: � a ey � .�. �� ;�'_I,, ^� r i- t'�: ; � .. , +�. Era�' .r? t'. � �., ,' V J,���� ,.�.� ��? �/ �w . i : t b._'�tv' �, . -.r' . � ;��+�;�`.::��,�� ; N!:�'r�ii'�. �� } _�� `'' .a- ✓���>.�;:�irs.�c:��::xas�.x�y., � � � # ! � _.. , , .�'* , ..�� ..�a. :��:��"�i^+�' �� .�..�+!�" �- "��: �` Docusign Envelope ID:3814C832-A193-4C09-92B6-SADD9BC95E1E • ' ` Docusign Envelope I0:BBQ19F85•A3DF-4QOE-976F-AEOCE7EFBBCS MlAN11BEACH � • ��� Yr` vn.� :�.�,.y'✓ yfi^, 't� 'Si' .'fi.� x P ICA:Christie Clark Schaol Year 2025•26 �a x �"' �' Ghristie Clark EDUCATION&PERFORMANCE INITIATIVES � a.,. . , . R..: ' # ��� � ➢a1..'�.�. ocu pn� �t!'�n[�� �W.i�t � s c' .vn`: - �Y"���� "��� #' ��� DR.LESUE ROSENFELD l�,� i% 1A50N GREENE S(j�,�, �,�'(,(,�,,(„ ' 194U24CA93D74�F._ 27188$3138C446F.. i r . . , . .�.. ._, .y�. , r - .- . ., �.. .a. i- ^,q � Type 1—Contract,amendment,change order or task order resuiting from a procurement�Issued tompetitive solicitation. Type 2—Other contrect,amcndmcnt,change order or task order not resulting from a procurement•issued competitivc solicitation. i X Type3—IndependentContractorAgreement(ICAj Type6—TenantAgreement Type 4—Grant agrcements with the City as the recipient Type 7—Inter•governmental agency agreement ; Type S—Grant agreements with the City as the grantor Other. � _� s . � �� �, � � �;r�; The Contractor shall provide math tutoring for students in grades 9�hrough 12.The Contractor's instruction shall be designed to address each student's specific learning needs and shall adherP to the Florida B.E.S.T.Standards for Mathematics and the Miami-Dade County Public Schoois' prescribed curriculum, pacing guides, and leaming objectives for grades 9-12 math courses. The Contractor wi�l utilize their professionai expertise and instructional strategies to effectively delfver content aligned with these standards and objectives.Math tutoring wiil take place in Miami Beach Senior Hlgh for a total of up to 250 hours between August 14,2025,and June S,2426. .fi 'r`�s, d., -'k� �•�_-.i { ! �'iF�K.��"�"�;� �a,,�. � Au ust 14,2025-June 5,2026 + .r, i� '�. ''��` � � Grant Funded; Yes X �No $tate federal Other: � .�� - �7;, :� 1 57,500 177-6881-OOQ343-12-Ap0-542-00-00-00 Yes X No Z Yes No 1.For contrects Ionger than�ve years,contact the Procurement Department. 2.Attach any suppoRing explanation needed. 3. Budget approvai indicates approval for wrrent fiscal year only.Future years are subject to City Commission approval of annual ado ted operatin bud et. � ;�r.-�• >"��,; S� � .rtev.'a.w-N .�' '� �i �°7a;sa ,�r: ity Commission Approved: X Yes No Resolution No.: CC Agenda Item No.: CC Meeting Date: Reso 2021-31562 If no,explain why CC approval is not required: � 2 � e al Form Approved: X Yes No If no,explain beiow why form approval is not necessar : t � ,iW_,.�;z sr _. � -. .�. ,ro a� �-°�_< -�, x- F �'�*:� t. #"'`' k;,� ` a�" �M � ' , 4?r -•;�,,..�, x , �h.h.:, ` '�- "W,�'*s, x. �",_t. Procurement: �N/A Grants: N/A Budget:Tameka Otto � Information Technology: N/A Stewart Risk Management:Marc 92094R81 E1a03 Fieet&Faclllties: N/A Chevalier t,Y' H�man Resources:Marla A.F3C5�Ep ez9e�j•aaoe_ Other: N/A i Aipitar f�.A�'l.d. ll l GlY' D[462AOAfa0043C.