2025 Independent Contractor Agreement between Gladys Rosse Mary Guevara (Contractor) and the CMB Docusign Envelope ID:B245AE51-AA37-4540-A75F-A426282F8B46 �`� ���� �� ���
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INDEPENDENT CONTRACTOR AGREEMENT
This Agreement is entered into on this _day of auc 2 t��2J, 20 between Gladys
Rosse Mary Guevara (°Contractor"), and the City of Miami Beach, Florida (the °City'), with an
effective starting date of August 15"', 2025 and an end date of June 6"'. 2026 (the ''Term'}.
1. Description of Services.
Contractor will provide the services described in Exhibit"A" hereto(the °Services j.
Although Contractor may receive 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 5ervices are perforrned (,although the City will provide Contractor with the appropriate
location to perform the Services); when the Services are pertormed (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 ter�ns and conditions set
forth in Exhibit A" hereto, and performed to the reasonable satisfaction of the City Manager. If
there are any q�estions regarding the Services to be performed, Contractor should rontact the
following person:
Alba Tarre, Department Director
Office of Housing and Community Services
1700 Convention Center Drive
Miami Beach, Florida, 33139
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 Eight Thousand Eight Hundred Dollars($8,800.00)
(the "Fee"), which shail be paid as described in Exhibit "B" hereto.
The Contractor shall issue invoices to the City pursuant to the mutual agreement of the parties and
pursuant to the Fee Schedule set forth in Exhibit"B" hereto,which invoices shall inc�ude a detailed
description of that portion (or those portions)of the Services provided.The Ci;y shall remit payment
to the Contractor within 45 days of receiving an acceptable and approved invoice from the
Contractor for that portion(or those portions)of the Services satisfactorily rendered(and 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 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 concem, 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 th�s Agreement for a t�me certain, or in
the aiternative, terminate this Agreement on a given date. In the event of termination pursuant to
this section, the Contractor shall be paid a sum equal to all payments due to him/her up to the date
of termination;provided Contracror is continuing to satisfactorily perform all Services up to the date
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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, iosses and
expenses including, but not limited to, attorney's fees, for personal economic or bodily injury,
wrongful death, loss of or damage to prope��ty, at law or in equity, which may arise or be alleged to
have arisen from the negligent acts cr omissions cr other wrongful conduct of Contractor, andior
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 ali such cla�ms 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, inciuding
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 acknowiedge 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 intc 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 convact 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 shail not be liable to Contractor for damages in the amount in excess of the
compensation/fee to be paid to Contracter pursuant to this Agreement, less any amounts actuaily
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 centa�ned in this section or elsewhere in this Agreement is in any way intended to be a
waiver of the limitalion placed upon City's liability as set forth in Section 768.2$, 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.
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Unti; char�ged by notice in writ�ng, ali such notiees and eomrnunications shali be addressed as
follows:
CONTRACT(�R: Gladys Rosse Mary Guevara
807 85 Street
Miami Beach, FL 33141
{305) 783-Q351
GITY: Alba Tarre
City of Miami Beach
Office of Housing and Community Services
1700 Convention Center Drive
Miami Beach, F� 33139
{305)�73-7491
Notice shall be deerned given on the date of an acknowledged receipt, and, in ail 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 nf the Services contempiated herein, Contractor shail 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 of the Services, Contractor shal;comply with all applicable laws. ordinances,
and regulations of the City, Miami-Dade Caunty,the State of Florida, and the federal government.
Without limiting the foregolny, Contractor herein agrees to adhere to and be governed by all
applicable Miami-Dade County Confiict of Interest Ordinances and ethics provlsions,as set forth in
the Miami-Dade County Code, and as may be arnended from time to time; and by the City of
Miemi 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.
Cantractor covenants that it presentiy has no interest and shall not acquire any in?erest,direct or
indirectly which should conflicf 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 shali be able to provide sim�lar services to other third parties as long as they
do not conflict with the Serv�ces to be provided hereunder.
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9. No Discrimination.
In connection with the performance of the 5ervices, 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 {including independent contractors), housing, public accommodations, public
services, and in connection with its membership or policies because of actual or perceived race.
color, national origin, religion, sex, intersexuality, gender identity,sexual orientation, marital and
familial status, age, disability, ancestry, height, weight, hair texture and/or hairstyle, domestic
partner status, labor organization membership, familial situation, and political affiliation.
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 provided in Chapter 119,
Florida Statutes or as otherwise provided by law;
(3) Ensure that public records thai 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 Ciry's custodian of public records, in a format that is compatible
with the information technology systems of the City.
(D) REQUEST FOR RECORDS; NONCOMPLIANCE.
(1) A request to inspect or copy public records relating to the Gty's contract for services
must be made directly to the City. If the City does not possess the requested
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records, the City shall immed�ately notify the Contractor of the request, and the
Contractor must provide the records to the City or aiiow the records to be inspected
or copied within a reasonable time.
(2) Contractor s failure to comply with the �ity's request for records shall constitute a
breach of the Agreement, and the City, at its sole discretion, may: (1) unilateraily
terminate the Agreement; (2) avail itself of the remedies set forth under the
Agreement; and/or(3)ava�l itself of any availabie 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.
{E) CIVIL ACTION.
(1) It 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 unlawfuily refused to comply with the
pubiic records request within a reasonable time; and
(bj At least eight (8) business days before filing the action, the plaintiff provided
written notice of the public recoras request, including a statement that the
Contractor has not complied with the request,to the Ciiy and to the Contractor.
j2j A notice compliss 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 pubiic records request within eight(8) business
days after the notice is sent �s not liabie for the reasonabfe costs of enforcement.
{F� IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, OR AS TO
THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS AGREEMENT, CONTACTTHE CUSTODIAN OF
PUBLIC RECORDS AT:
CITY OF MIAMI BEACH
ATTENTION: CITY CL.ERK
1700 CONVENTION CENTER DRIVE
MIAMI BEACH, FLORIDA 33139
E-MAIL: RAFAELGRANADOCa7MIAMIBEACHFL.GOV
PHONE: 305-673-7411
11. Ownership of Documents/Patents and Copvriqhts.
Any and al1 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 C+ty. Any re-use distribution, or dissemination of same by
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Contractor, other than to the City, shall first be approved in writing by the City Manager, which
approval, if granted at ail 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 doc��ments, articles or devices produced in whole or in part under this
Agreement shall be the sub�ect of any application for patent or copyright by or on behalf of the
Contractor(or its employees or sub-contractors, (if any)without the pnor wntten consent of the
City Manager, which consent, if given at all, shali be at the Manager's sole and absolute
discretion.
12. Liability for Rent, Supplies, Equipment, Etc.
Contractor shall provlde 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
faciliUes. supplies, or equipment to furnish the Services hereunder, Contractor shal�pay the Gty
(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
requesied 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 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 N07 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 TNE CITY, AND SHALL NOT ATTAIN ANY RIGNTS 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, ;�nemployment
compensation taxes or insurance, social securiry taxes, or other taxes, insurance payments, or
oiherwise whether levied by any country or any polit+cal subdivisfon 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., incl�ding, but not limited to,for purposes of the Federal
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Insurance Contribution Act, the Social Security Act, the Federal Unemployrnent Tax Act, the
provisions of the lnterr7ai Revenue Code, any state revenue and taxation code relating to income
tax withhoiding at the source of income, the Workers' Compensation Insurance Code an�1 other
benefit payments and third party liabiiity clairns), and the Contractor shail 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 leveis of litigation) in the event of any
determination to the contrary by any court of competentjurisdiction or yovemmental authority. The
Contractor recognizes and understands that it wiil receive an Internal Revenue Service Form 1099
statement and refated tax statements, and wiil be required to file corporate and/or individual tax
returns and to pay taxes in accordance with aii provisions of applicable Federal and state iaw. The
Contractor hereby promises and agrees to indemnify the City for any damages or expenses,
inciuding at[orney's fees, and legal expenses, incurred by the City as a result of the Contractor's
failure to make such required payments.
Except as othenn�ise expressly provided in the Agreement,the Contractor shall in no way hold itself
out as an employee, dependeni 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 Contrac;or 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 behalt of�r 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 Maieure.
{A) A''Force Majeure°event is an event that(i)�n fact causes a deiay in the performance of the
Contractor or the City's obligations under the Agreement,and(ii)is beyond the reasonable
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 the occurrence of the event.
Subject to the foregoing criteria, Force Majeure may include events such as war, civil
insurrection, riot, fires, epidemics, pandemics; terrorism, sabotage, explosions, embargo
restrictions, quarantine restrictions, transportation accidents, strikes, strong hurricanes or
tornadoes, earthquakes, or other acts of God which prevent performance. Force Majeure
shail 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 contractual obiigations is prevented or delayed
by an event believed by to be Force Ma�eure,such party shail immediately, upon leaming of
the occurrence of the event or of the commencement of any such delay, but in any case
within fifteen {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 action 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 allowance ot any relief pursuant to this section; however, receipt of such notice
shall not constitute acceptance that the event claimed to be a Force Majeure event is in fact
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Force Majeure,and the burden of proof of the occurrence of a Force Ma�eure event shail be
on the requesting party.
(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 whole or in part,by Force Majeure to
carry out such obligaUons. The suspension of any of the obligations under this Agreement
due to a Force Majeure event shall be of no greater scope and no longer duration than is
required. The party shall use Its reasonable best efforts to continue to perform its obligations
hereunder to the extent such obligations are not affected or are only partially affected by the
Force Majeure event, and to correct or cure the event or condition excusing performance
and otherwise to remedy its inability to perform to the extent its inability to perform is the
direct result of the Force Majeure event with all reasonable dispatch.
(D) Obligatioi�s pursuant to the Agreement that arose before the occurrence of a Force Majeure
event, causing the suspension of performance, shall not be excused as a result of such
occurrence unless such occurrence makes such performance not reasonably possible. The
obligation to pay money in a timely manner for obligations and liabilities wh�ch matured prior
to the occurrence of a Force Majeure event shall not be subject to the Force Majeure
provisions.
(E) Notwithstanding any other provis�on to the contrary herein, in the event of a Force Majeure
occurrence, the City may, at the sole discretion of the City Manager, suspend the City's
payment obl�gations under the Agreement,and may take such action without regard to the
r�otice requirements herein. Additionally, in the event that an event of Force Majeure delays
a party's performance under the Agreement for a time period greater than thirty(30)days,
the City may,at the sole discretion of the Ciry Manager,terminate the Agreement on a given
date, by giving written notice to Contractor of such termination. If the Agreement is
termi�ated pursuant to this section, Contractor shall be paid for any Services satisfactorily
performed up lo the date of termination; foliowing which the City shall be discharged from
any and all liabilities,duties,and terms arising out of, or by virtue of, th�s Agreement. In no
event will any condition of Force Majeure extend this Agreement beyond its stated Terrn.
17. Assiqnment.
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 wnting by Contractor not less
than sixty {60)days prior to the date of any proposed assignment.
18. Audit and Inspection Records.
Contractor shail 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 inctude 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 re{ated to the sub-contractor.
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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 Genera!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 pro�ect or program may include a report concerning
whether the project is on time, within budget and in conformance with the contract
documents and app�icable 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,
(bidlproposal) 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
aliocating a pefcentage of�ts 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 avaifable 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 compiiance 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 successfu! 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,ordividends received. payroll
and personnel records and supporting documentation for the aforesaid documents and
records.
(Ej The Contractor shali make available at its office at ali reasonabie times the records,
materials, and other evidence regarding the acquisition(bid preparation)and performance
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of this Agreement, for examination, audit, or reproduction. until three (3) years after final
paymeni uncer this Agreement or for any longer period requirea by statute or by other
clauses of this Agreement. In addition:
(1) 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 fina) terminatian settlement; and
(2) The Contractor shail make available records relating to appeals or to litigation orthe
settiement of claims arising under or relating to this Agreement until such appeals,
litigation, or claims are finaily resolved.
(F) The provisians in this section shail apply to the Contractor, its officers,agents,employees,
subcontractors and suppliers. The Contractor shall incorporate the provisions in this section
in aii 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 shail they be
construed to impose any liability on the City by the Contractor or third parties.
20. E-Verifv
(A) To the extent that Contractor provides labor, supplies, or services under this Agreement,
Contractor shail compiy with Section 448.095, Florida Statutes,"Employment Eligibility"("E-
Verify Statute"), as may be amended from time to time. Pursuant to the E-Verify Statute,
commencing on January 1,2021,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 ail 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 subcontract or such other extended period as may be required under this Agreement.
(B) TERMINATION RIGHTS.
(1) If the City has a good faith belief thai Contractor has knowingiy violated Section
448.09(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
Contractor.
(2) If the City has a good faith belief that a subcontractor has knowingly violated the
foregoing Subsection 20(A), but the Contractor otherwise complied with such
subsection, the City will promptly notify the Contractor and order the Contractor to
immediately terminate the contract with the subcontractor. Contractor's failure to
terminate a subcontractor shail be an event of default under this Agreement,
entitling City to terii�inate tl�is Ayieeinei�t (Ui cduse.
(3) A contract terminated under the Toregoing Subsection {B)(1) or (B)(2) is not in
breach of contract and may not be considered as such.
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�ocusign Envelooe 10 iCC36445-BF95-4158-88C5-97�8518785A2
{4) The City or Contractor or a subcontractor may file an action with the Circuit or
County Court to challenge a termination under the foregoing Subsection (B)(1)or
(B)(2) no later than 20 calendar days after the date on which the contract was
terminated.
(5) If the Ciry 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 fo� 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 Trafficking Laws.
Contractor agrees to comply with Section 787.06. Florida Statutes, as may be amended from time
to time, and has executed the Certification of Compliance with Anti-Human Trafficking Laws, as
required by Section 787.06(13), Florida Statutes, a copy of which is attached hereto as Exhibit"C".
22. Prohibition on Contractinq with an Individual or Entitv Which Has Performed Services
for Compensation to a Candidate for City Elected Office.
Contractor warrants and represents that,within two(2)years prior to the effective date, Contractor
has not received compensation for services 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 dnubt,the restrictions on contracting with the City pursuant to Section 2-379 of
the City Code shall not apply to the foilowing:
(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 regularly performed by the individua! or entity in the ordinary course of business for
clients or customers otherthan candidates foroffice.This includes,without limitation,banks,
telephone or internet service providers, printing companies, event venues, restaurants,
caterers, transportation providers, and office supply vendors.
(c) Any individual or entity which performs licensed professional services (including for
example, legal or accounting services).
23. Waiver of Breach.
A party's failure to enfor�e 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.
24. Severance.
In the event this Agreement or a portion of this Agreement is found by a court of competent
jurisdictian to be invalid,the remaining provisions shall continue to be effective unless Ciry elects to
terminate this Agreement.
25. Joint Preparation.
The parties hereto acknowledge that they have sought and rece�ved whatever competent advice
and counsel as was necessary for them to form a full and complete understanding of all rights and
Page 11 of 16
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Dor,usign F_.nvelope IL��7CC36445-BF95-4158-88C5-97'85�8'SSAZ
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 resuiting
document shall not,solely as a matter of judicial construction, be construed more severely against
one of the parties than the other.
28. Mutuai cooperation.
Contractor recognizes that the performance of this Agreement is essential to the provision of vital
public services and the accomplishinent 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.
27. Entire Apreement.
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.
28. Background Screening Requirernent.
In accordance with Sections 943.0542, 984.01, 39.001 and 1012.465, Florida Statutes and
Ghapters 430, 435, and 402, Florida Statutes, as appiicabie, employees, volunteers, contractors,
and subcontracted personnel wh� work in direct contact with children or who come into direct
contact with children must complete a satisfactory Level 2 background screening prior to
commencing work pursuant to this Agreement.
L.evel 2 Background screenings must be completed through the City of Miami Beach. Human
Resources Department. Contractor agrees to complete Level 2 Background screening prior to
initiating any worlc related to this Agreement, unless the City's Contract Administrator approves an
alternative process.
[Signature Page to Follow]
Page 12 of 16
Docusign Envelope ID:B245AE51-AA37-4540-A75F-A426282F884B
Docusign Envelope ID�7CC36445-EiF95-4158-88C5-5778518785A�
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:
,,,,:......,,,,,,,�
----------___ --- - BY.
'�o� ��I� .�r,� • �y,��;+iy Clerk ;\p,�`.1•�?•F.9�;y Eric T. Carpenter, City Manager
f��lJlJ � ,-�:' ..
Date: :�.�J z� � ��„�� • `;
��NtORP�ORATED^ s
'�,?i'• ��dG .��_
'�;9;Q••.-,� �;�_
, (�H..26__,-
FOR CONTRACTOR: "'"""'� GLADYS ROSSE MARY GUEVARA
WITNESS:
DocuS�gned hy� Signed by:
P,►�A�t� Gc,�,cy.�2� M,�.,�G�,�►,�
-- �--- —
Administrative Support Manager igna u�e '
Paola Arboleda Gladys Rosse Mary Guevara 8/7/2025� 2:37 PM EDT
-------- -------- -----______—_
Print Name Print Name
Date: 8�8�2025� 3 28 PM EDT
Approved: Approved as to form& language 8
for execution.
o«�sg��a ey� �I����� O f�l.�
(�Uea �'cu�v�c-
Department D�rector ��City Attomey [�Y Date
����s���d°r
fi'�,� Dffo Sfc�vo�rf
�.�„�� _ _ _ ___
Office of Management and Budget
SpnM by:
M,av{.a Ql�i�yAY'
___ - --
Human esources
n-.'O'^Rv;49._, i �I�i,,,iy;�e+��a. ..ri��,-:P.: i.9r�..,_ , .p�„W.r.. .��� ��Ay . �•!I...2n...^5 nc.^. ,.:h 1...
Page 13 of 16
Docusign Envelope ID:B245AE51-AA37-4540-A75F-A426282F864B
Docusign Envelope ID�7CG36d45-BF95-4�58-88G5-57785�b;85A2
Exhibit A
Description of Services
Contractor staff must advise the City of any chalienges to Service delivery, including but not limited
to language barriers, capacity issues, client concerns. staff concerns, and scheduling challenges,
immediately.
Ccrtr2.ctor sha!� pmv�dn'.he foll�s+.;�rn Servi�,� to vouth e�ro�ted ir the C�t�:��f I�r�ia!ni Beach All S!ars
�� � . . � . . -
ScrtoUl i_.t,� ;�i��i��;, �u<<,i �;�x��.�ul�ur of :Yie io�lc,���r�; dU�unic�n[s
Security Year:352 . Tirnesi;eet form signed �y Contractor
Monitoring
Provision of the following:
• Surveillance and Monitoring: Secunty monitors are
responsible for patrolling the program premises and
keeping an eye or student activities to identify any
suspicious behavior.
• Access Control: Security monitors may control access
to the school building ensuring that only authorized
individuals enter the premises.
• Emergency Response Security monitors respond
quickly to emergencies such as fires, lockdowns, or
medical incidents
• Conflict Resolution: Addressing conflicts among
students or staff. Security mor:itors may intervene in
situations to prevent or resolve disputes and report any
incidents to program administrators.
Description of activities:
Services must be provided in accordance with the timeline below and response to client
needs. Should the Contractor encounier a chaltenqe in meefinp the below stated Service
deliverables within the repuired timeframes the Contractor mav►'�equest an extension. The
approval and duration of all extensions are at the so/e discretion oi the Citv.!f the Contractor
is unab/e to satisfy deliverables within the required timeframes, the Citv reserves the right to
conduct said Services or assipn Services to an alternate vendor at its so/e discretion.
Services must be delivered as follows:
Page 14 of 16
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Oor,�isign Envelope ID 7CC36445-BF95-415g-SgC5-9%'8518785A2
Auc�i.�,t ?5"'. _ _ ='''. 2026
`" �»�" �curi Monitorin
-.�I1�:..�� �Y 9
• . #�`;'•;���� hool Year: 5 times per week
'����`�.° hool Year. 2 hours per session (4 Days), 1.5 hours on Wednesdays
� • ���;';,����'�' -hool Year: 38 weeks
'a`'� �"`"'` i' ,hool Year: 352 total sessions
. . ,�,�.�..�_�r
a scheduled session falls on a no-school day(e.g., a holyday or
= � ;tructor plannrng day), servlces can be rescheduled at the drscretion
program staK.
"30 p.m. —5:30 p.m.
� � _. f�nberg Fisher K-8 Center
'Schedules �re sub�ec� tc change based on changes to the Miami-Dade County Public School's
calendar and All Stars Program calendar. Should any schedule changes occur, the Contractor
will be notified. Program staff will make every effort to reschedule any canceled sessions within
the programming dates, August 15"', 2025-June 6�h, 2026.
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Exhibit B
Fee
4.1 In consideration of the Services to be provided, Consultant shall be compensated on a fixed
fee basis, in the amount of Twenty-Five Dollars($25.00)per session,for a total annual amount not
to exceed Eiqht Thousand Eiqtit Hundred ($8.800.001.
4.2 Contractor shall be compensated for the Services, as set forth in Section 2 and Exhibit"A",
as follows�
Provision of a two-hour service, four(4)times per week for thirty-eight(38)weeks and a 1.5-hour
service on Wednesdays for thirty-two (32) Wednesdays during the school year at a rate not to
exceed Twenty-Five Dollars ($25.00) per session for a total cost not to exceed Eiqht Thousand
Eiqht Hundred Dollars ($8.800.00).
4.3 Contractor's compensation shall be further subject to and conditioned upon all or any portion
of the Services to be provided herein being allowable and within the Scope of Services delineated in
Exhibit"A'
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Exhibit C
Human Trafficking Affidavit
In accordance with Section 787.06(13), Florida Statutes, the undersigned,on behalf of Contractor
hereby attests under penalty of perjury that Contractor does not use coercion for labor or services
as defined in Section 7$7_06, Florida Statutes, entitled "Human Trafficking".
I understand that I am swearing or affirming under oath to the truthfulness of the claims made in this
affidavit and that the punishment for knowingly making a false statement includes fines and/or
imprisonment.
The undersigned is authorized to execute this affidavit on behalf of Contractor.
CON7RACTOR:
Signed by
Gl.�.cys �a,�u M,�.����.�.,.�
„%�SS61E5l+3Fal3
807 85 street, Miamii Beach Florida 33141
Giadys Rosse Mary Guevara
(Name) (Address)
State of �l•r�/�
County of _ Mtg„�.�i=_Qs,le
The foregoing instrument was acknowledged before me by means of ❑ physical presence or,�'
online notarization, this � day of a�qvSt 2025 by
C��_�r�_Q.sS� 1'�+r� (��eva�w , known to me to be the person described herein, or who
produced Dr�ue,c�S L�cerse. as identification,and who did/did not take an oath.
NOTARY PUBLIC:
fla U fe� ,-•;R"�Y''•`•'�;; NELSON MANUEL MARTINEZ
�+: • MY COMM�SSION#HH 420155
. -�
IJ�t,.I t�� ___Mwr+F��-�_ �". .....�: EXPIRES:JUIy 11.2027
_ . _ •E�F�,�.:
(Print Name)
My commission expires: 7�u 2
Docusign Envelope ID:8245AE51-AA37-4540-A75F-A426282F8B4B
Gladys R. Guevara
Phone: (305783-0351 � Email: =�,ladysr�;uevai-a78(�udadeschoals.net
Location: 80� 95 St, Miami Beach, FL 33141
Objective
Detail-oriented and reliable Schoal Security Guard with 8+ years of experience in maintaining a
safe and secure environment for students, personnel, visitors, and premises. Adept at monitoring
surveillance equipment, patrolling areas, and responding to incidents. Seeking to contribute my
expertise in security operations t� a dynamic organization.
Skilis
• Surveillance Systems Monitoring
• Conflict Resolution
. Access Control
• Customer Service
• Patrolling& Site Inspections
• Teamwork
Professional Experience
School Security Guard
Miami Beach Fienberg Fisher K-8
October 2017—Present
• Monitored surveillance cameras, identifying and reporting suspicious activities.
• Conducted regular patrols of premises to prevent security risks.
• Responded to emergencies promptly, ensuring the safety of students, employees and
visitors.
• Verified employee and visitor access, preventing unauthorized access to restricted areas..
Education
High School Diploma
Ccntro Educativo FAP Jose Abelardo Quinones Gonzalez
Graduated: December 1995
References: Available upon request.