Independent Contractor Agreement between the CMB and Michael Benjamin Mofsky ("Contractor") Docusign Envelope ID�4A385F31-22A1-48A0-8965-D259000C7836 L� Z l ,�� I �r�
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INDEPENDENT CONTRACTOR AGREEMENT
This Agreement is entered into on 10/1/2025 � 10:06 AN��Tbetween Michael Benjamin Mofsky
("Contractor") and the City of Miami Beach, Fiorida (the "City"), with an effective starting date of
October 1, 2025 and an end date of June 5, 2026(the "Term").
1. Description of Services.
Contractor will provide the services described in Exhibit"A" hereto(the"Services").
Although Contractor may receive a schedule of the available hours to provide its Services, the
Ciry shall not control nor have the right to control the hours of the Services performed by the
Contractor; where the Services are performed (although the City will provide Contractor with the
appropriate location to perform the Services); when the Servicas are performed (including how
many days a week the services are performed); how the Services are performed; or any other
aspect of the actual manner and means of accomplishing the Services provided. Notwithstanding
the foregoing, all Services provided by the Contractor shall be in accordance with the terms and
conditions set forth in Exhibit"A" hereto, and performed to the reasonable satisfaction of the City
Manager. If there are any questions regarding the Services to be performed, Contractor should
contact the following person:
Dr. Leslie Rosenfeld, Chief Education O�cer
EDUCATION AND PERFORMANCE INITIATIVES DIVISION
1700 Convention Center Drive, Miami Beach, FL 33139
Tel: 305-673-7000 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 total amount of$3,900.00 (the "Fee"), which shall 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 include a
detailed description of that portion (or those portions) of the Services provided. The City shafl
remit payment to the Contractor within 45 days of receiving an acceptable and approved invoice
from the Contractor for that portian (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, we�fare or safety concern, as determined by the City
Manager, in the Ciry Manager's sole discretion, the City Manager, pursuant to a verbal or written
notification to Contractor, may immediately suspend the Services under this Agreement for a time
certain,or in the alternative, terminate this Agreement on a given date. In the event of termination
pursuant to this paragraph, the Contractor shall be paid a sum equal to all payments due to
him/her up to the date of termination; provided Contractor is continuing to satisfactorily perform
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all 5ervices up to the date of termination. Thereafter, the City shall be fully discharged from any
further liabifities, duties, and terms arising out of, or by virtue of, this Agreement.
4. lndemnificationlHold Harmless.
Contractor agrees to indemnify, defend, and hald harmiess the City of Miami Beach and its
officers, empfoyees and agents, from and against any and aii actions, claims, liabilities, losses
and expenses including, but not limited to, attorney's fees,for personal economic or bodily injury,
wrongful death, loss of or damage to property, at(aw or in equity, which may arise or be aileged
to have arisen from the negligent acts or omissions or other wrongful conduct of Contractor,and/or
any and ali 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 sha11 pay all such cVaims and losses and shall pay all costs and
judgments, which may arise from any lawsuit arising from such claims and losses, and shal! pay
all costs and attorney's fees expended by the City in defense of such claims and losses, including
appeals.
The parties agree that one percent(1°!o)of the total compensation to Contractor for performance
af the Services under this Agreement is the specific consideration from the City to Contractor for
the Contractor's agreement to indemnify and hold the City harmless, as provided herein.
Contractor and the City hereby agree and acknowledge that this indemnity provision is intended
to and shall survive the termination(or earlier expiration)of this Agreement.
5. Limitation of Liabilitv.
7he City desires to enter into this Agreement only if in so doing the City can place a limit on City's
liability for any cause of action for money damages due to an alleged breach by the City of this
Agreement, so that its liability for any such breach never exceeds the sum of the
compensation/fee to be paid to Contractor pursuant to this Agreement, less any amounts actualiy
paid by the City as of the date of the alleged breach. Contractor hereby expresses his/her
willingness to enter into this Agreement with Contractor's recovery from the City for any damage
action for breach of contract to be limited to a maximum amount equal to the compensation/fee
to be paid to Contractor pursuant to this Agreement, less any amounts actually paid by the City
as of the date of the alleged breach.
Accordingly, and notwithstanding any other term or conditian af this Agreement, Contractor
hereby agrees that the City shall not be liable to Contractor 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 obiigations 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 Citys liability as set forth in Section 768.28, Florida
Statutes.
6. Notices.
All notices and communications in writing required or permitted hereunder may be delivered
personally to the representatives of the Contractor and the City listed below or may be mailed
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by U.S. Certified Mail, return receipt requested, postage prepaid, or by a nationally recognized
overnight delivery service.
Until changed by notice in writing, all such notices and cammunications shall be addressed as
follows:
CONTRACTOR: Michael Benjamin Mofsky
652 N.E. 63rd Street, Apt. #405
Miami, FL 33138
(786)312 4067
mmofsky@dadeschoois.net
CITY: Dr. Leslie Rosenfeid
City of Miami 6each
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 acknawledged receipt, and, in all other cases, on
the date of receipt or refusai.
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 principies 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 af Fiorida, if in federal court.
8Y ENTERING INTO THIS AGREEMENT,CITY AND GONTRACTOR EXPRESSLY WAIVE ANY
RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION
RELATED TO, OR ARISING OUT QF, THIS AGREEMENT.
8. Dutv of Care/Compliance with Applicable LawslCanflict of Interest.
With respect to the performance of the Services contemplated herein, Contractor shali exercise
that degree of skill, care, efficiency and diligence normaily exercised by reasonable persons
and/or recognized professionais with respect to the performance of comparabie services.
In its performance of the Services, Contractor shall comply with all applicabie laws, ordinances,
and regulations of the City, Miami-Dade County, the State of Fiorida, and the federal
gavernment. Without limiting the foregoing, Contractor herein agrees to adhere to and be
governed by all appl+cable 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 Seach 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 shall
comply with all applicabie state and federal laws and City policies and pracedures governing
the use and/or safe-keeping of confidential, highly sensitive, and/or personally identifiable or
protected health information(as may be defined by state or federal law), including but not limited
to the City's Administrative Order No. IT.01.01 - Artificial Intelligence (AI) Usage, as may be
amended from time to time.
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Contractor covenants that it presently has no interest and shall not acquire any interest, direct
or indirectiy which should conflict in any manner or degree with the performance of the Services.
Contractor further covenants that in the performance of Services under this Agreement, no
person having any such interest shall knowingly be employed by the Contractor.
Notwithstanding the foregoing, Contractor shall be able to provide similar services to ofher third
parties as long as they do not conflict with the Services to be provided hereunder.
9. No Discrimination.
In connection with the performance of the Services, the Contractor shall not exclude from
participation in, deny the benefits of, or subject to discrimination anyone on the grounds of race,
color, national origin, sex, age, disability, religion, income or family status.
Additionally, Contractar 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, or 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 that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed, except as authorized by law,
for the duration of the contract term and following completion of the Agreement if
the Contractor does not transfer the records to the City;
(4) Upon completion of the Agreement, transfer, at no cost to the City, all public
records in possession of the Contractor or keep and maintain public records
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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
recvrds upon completion of the Agreement,the Contractor shall meet all applicable
requirements for retaining public records. All records stored electronically must be
provided to the City, upon request from the City's custodian of public records, in a
format that is compatible with the information technology systems of the City.
(D) REQUEST FOR RECORDS; NONCOMPLIANCE.
(1) A request to inspect or copy public records relating to the City's contract for
services must be made directly to the City. If the City does not possess the
requested records, the City shall immediately notify the Contractor of the request,
and the Contractor must provide the records to the City or allow the records to be
inspected or copied within a reasonable time.
(2) Contractor's failure to comply with the City's request for records shall constitute a
breach of the Agreement, and the City, at its sole discretion, may: (1) unilaterally
terminate the Agreement; (2) avail itself of the remedies set forth under the
Agreement; and/or(3)avail itself of any available remedies at law or in equity.
(3) A Contractor who fails to provide the public records to the City within a reasonable
time may be subject to penalties under s. 119.10.
(E) CIVIL ACTION.
(1) If a civil action is filed against a Contractor to compel production of public records
relating to the City's contract for seniices, the court shall assess and award against
the Contractor the reasonable costs of enforcement, including reasonable
attorney's fees, if:
(a) The court determines that the Contractor unlawfully refused to comply with
the public records request within a reasonable time; and
(b) At least eight(8j business days before flling the action, the plaintiff provided
written notice of the public records request, including a statement that the
Contractor has not complied with the request,to the City and to the Contractor.
(2) A notice complies with subparagraph (1)(b) if it is sent to the City's custodian of
public records and to the Contractor at the Contractor's address listed on its
contract with the City or to the Contractor's registered agent. Such notices must
be sent by common carrier delivery service or by registered, Global Express
Guaranteed,or certified mail, with postage or shipping paid by the sender and with
evidence of delivery, which may be in an electronic format.
(3) A Contractor who complies with a public records request within eight(8) business
days after the notice is sent is not liable for the reasonable costs of enforcement.
(E} IF THE CONTRACTOR HAS QUESTfONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, OR AS
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TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN
OF PUBLIC RECORDS AT:
CITY OF MIAMI BEACH
ATTENTION: CITY CLERK
1700 CONVENTION CENTER DRIVE
MIAMI BEACH, FLORIDA 33139
E-MAIL: RAFAELGRANADO(c�MIAMIBEACHFL.GOV
PHONE: 305-673-7411
11. Ownership of Documents/Patents and Copvris�hts.
Any and all documents prepared by Contractor pursuant to this Agreement are related exclusively
to the Services described herein shall be deemed to be a"work made for hire", and are intended
or represented for ownership by the City. Any re-use distribution, or dissemination of same by
Contractor, other than to the City, shali first be approved in writing by the City Manager, which
approval, if granted at all, shall be at the City Manager's sole and absolute discretion.
Any patentable and/or copyrightable result arising out of this Agreement, as well as all
information, specifications, processes, data and findings, are hereby assigned to the City, in
perpetuity, for public use.
No reports, other documents, articles or devices produced in whole or in part under this
Agreement shail be the subject of any application for patent or copyright by or on behalf of the
Contractor(or its employees or sub-contractors, (if any)without the prior written consent of the
City Manager, which consent, if given at all, shall be at the Manager's sole and absolute
discretion.
12. Liabilitv for Rent, Supplies, Equipment, Etc.
Contractor shall provide all funds necessary to pay all debts, disbursements, and expenses
incurred in connection with its performance of the Services hereunder, and shall not be entitled
to any reimbursement from the City unless otherwise agreed to by the City. It will also provide
all supplies and equipment necessary to provide such Services. If Contractor uses any of the
City's facilities, supplies, or equipment to furnish the Services hereunder, Contractor shall pay
the City {or such amount shall be deducted from the Fee set forth in Section 2) an amount as
mutually agreed by the parties.
13. Liability for Sub-contractors.
Contractor shall be liable for its Services, responsibilities and liabilities under this Agreement
and the costs, services, responsibilities and liabilities of any sub-contractors (if any), and any
other person or entity acting under the direction or control of Contractor(if any). In this regard,
Contractor must furnish the City with all information relating to the sub-contractors which is
requested by the City. When the term"Contractor" is used in this Agreement, it shall be deemed
to include any sub-contractors(if any)and/or any other person or entity acting under the direction
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or control of Contractor(if any). All sub-contractors (if any) must be disclosed in writing to the
City prior to their engagement by Contractor.
14. Independent Contractor/No Joint Venture.
THIS AGREEMENT SHALL NOT CONSTITUTE OR MAKE THE PARTIES A PARTNERSHIP
OR JC11NT VENTURE. FOR THE PURPOSES OF THIS AGREEMENT, THE CONTRACTOR
SHALL BE DEEMED TO BE AN INDEPENDENT CONTRACTOR, AND NOT AN AGENT OR
EMPLOYEE OF THE CITY, ANQ SNALL NOT ATTAIN ANY RIGHTS OR BENEFITS UNDER
THE CIVIL SERVICE QR PENSION QRDiNANCE OF THE CITY,OR ANY RIGHT GENERAL.LY
AFFORDED CLASSIFIED C1R UNCLASSIFIED EMPLOYEES INCLUDING ANNUAL AND
SICK QAY ACCRUAL. FURTHER,THE CC3NTRACTOR SHALL N�T BE DEEMED ENTITLED
TO FLORIQA WORKER'S COMPENSATIC)N BENEFITS AS AN EMPL�YEE OF THE CITY OR
ACGUMULATION OF SICK OR ANNUAL LEAVE.
The Contractor shal! be the sole party responsible for any and all employment taxes,
unemployment compensation taxes or insurance, social security taxes, or other taxes, insurance
payments, or otherwise whether levied by any country or any political subdivision thereof. The
Contractor shall not, in any way, be considered to be, or be deemed to be, an employee of the
City through the Services performed in this Agreement (e.g., including, but not limited to, for
purposes of the Federal Insurance Contribution Act, the Social Security Act, the Federal
Unempioyment Tax Act, the provisions of the Internal Revenue Code, any state revenue and
taxation code relating to income tax withholding at the source of income, the Workers'
Compensation insurance Code and other benefit payments and third party liability claims), and
the Contractor shaii 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 competent
jurisdiction or governmental authority. The Contractor recognizes and understands that it will
receive an internal Revenue Service Form 1099 statement and related tax statements and will be
required ta �le corporate and/or individual tax returns and to pay taxes in accordance with all
provisians of applicable Federal and state law. The Contractor hereby promises and agrees to
indemnify the City for any damages or expenses, including attorney's fees, and legal expenses,
incurred by the City as a result of the Contractor's failure to make such required payments.
Except as otherwise expressly provided in the Agreement, the Contractor shall in no way hold
itself out as an employee, dependent agent, or other servant of the City, its employees or other
agents, or as other than a free agent with respect to the City. The Contractor is not granted, shalt
not have, and acknowledges the absence of any right or authority to assume or create any
obligations or responsibility, express or implied, on behalf of or in the name of the City or to bind
the latter in any matter or thing whatsoever.
15. Int�ntionallv omitted.
16. Force 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 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,
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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 shali not inciude 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 obligations is prevented or delayed
by an event believed by to be Force Majeure, such party shall immediately, upon learning 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 of 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 Force Majeure, and the burden of proof of the
occurrence of a Force Majeure event shall 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 obligations. 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 nat affected or are oniy 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 ail reasonabie dispatch.
(Q) Qbligations 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 which matured prior to
the occurrence of a Force Majeure event shali not be subject to the Force Majeure provisions.
(E) Notwithstanding any other provision to the contrary herein, in the event of a Force Majeure
occurrence, the City may, at the sole discretion of the Gity Manager, suspend the City's payment
obligations under the Agreement, and may take such action without regard to the notice
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 City Manager,terminate the Agreement on a given date, by giving written
notice to Contractor of such termination. If the Agreement is terminated pursuant to this section,
Contractor shall be paid for any Services satisfactorily performed up to the date of termination;
following which the City shall be discharged from any and all liabilities, duties, and terms arising
out of, or by virtue of, this Agreement. In no event will any condition of Force Majeure extend this
Agreement beyond its stated Term.
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 writing by Contractor
not less than sixty(6Q) days prior to the date of any proposed assignment.
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18. Audit and Inspection Records.
Contractor shall permit the authorized representatives of the City to inspect and audit all data and
records of the Contractor, if any, relating to performance under this Agreement untii the expiration
of three years after final payment under this Agreement.
Contractor further agrees to inciude 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
right to examine any directly pertinent books, documents, papers and records of such 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 Inspector Generai which may,on a random basis, perform reviews,audits,
inspections and investigations on all City contracts, throughout the duration of said
contracts. This random audit is separate and distinct from any other audit performed by
or on behalf of the City.
(B) The Office of the Inspector General is authorized to investigate City affairs and
empowered to review past, present and proposed City programs, accounts, records,
contracts and transactions. In addition, the Inspector General has the power to subpoena
witnesses, administer oaths, require the production of witnesses and monitor City projects
and programs. Monitoring of an existing City project or program may include a report
concerning whether the project is on time, within budget and in conformance with the
contract documents and applicable law. The Inspector General shall have the power to
audit, investigate,monitor,oversee, inspect and review operations,activities, performance
and procurement process including but not limited to project design, bid specifications,
(bid/proposal) submittals, activities of the Contractor, its officers, agents and employees,
lobbyists,City staff and elected officials to ensure compliance with the contract documents
and to detect fraud and corruption. Pursuant to Section 2-378 of the City Code, the City
is allocating a percentage of its overall annual contract expenditures to fund the activities
and operations of the Office of Inspector General.
(C) Upon ten (10) days written notice to the Contractor, the Contractor shall make all
requested records and documents available to the Inspector General for inspection and
copying. The Inspector General is empowered to retain the services of independent
private sector auditors to audit, investigate, monitor, oversee, inspect and review
operations activities, performance and procurement process including but not limited to
project design, bid specifications, (bid/proposal)submittals, activities of the Contractor, its
officers, agents and employees, lobbyists, City staff and elected officials to ensure
compliance with the contract documents and to detect fraud and corruption.
(D) The Inspector General shall have the right to inspect and copy all documents and records
in the Contractor's possession, custody or control which in the Inspector General's sole
judgment, pertain to performance of the contract, including, but not limited to original
estimate files, change order estimate files, worksheets, proposals and agreements from
and with successful subcontractors and suppliers, all project-related correspondence,
memoranda, instructions, flnancial documents, construction documents, (bid/proposal)
and contract documents, back-change documents, all documents and records which
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involve cash, trade or volume discounts, insurance proceeds, rebates, or dividends
received, payroll and personnel records and supporting dacumentatian for the aforesaid
documents and records.
(E} The Gontractor shall make available at its office at all reasonable times the records,
materials, and other evidence regarding the acquisition(bid preparation)and performance
of this Agreement, for examination, audit, or reproduction, until three (3)years after final
payment under this Agreement Qr for any longer period required 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 final termination settlement; and
2. The Cantractor shall make available records relating to appeals or to litigation or
the settlement of claims arising under or relating to this Agreement until such
appeals, litigation, or claims are finally resolved.
(F) The provisions in this section shall apply to the Contractor, its officers,agents,employees,
subcontractors and suppliers. The Contractor shall incorporate the provisions in this
section in all subcontracts and atl other agreements executed by the Contractor in
connection with the performance of this Agreement.
(G) Nothing in this section shall impair any independent right to the City to conduct audits or
investigative activities. The provisions of this section are neither intended nor shall they
be construed to impose any liability on the City by the Contractor or third parties.
20. E-Yerify
(A) To the extent that Contractor provides labor, 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 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 all new employees hired by the subcontractor during
the contract Term. If Contractor enters into a contract with an approved subcontractor, the
subcontractor must provide the Contractor with an affidavit stating that the subcontractor does
not employ, contract with, or subcantract 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) TERMINATIUN RIGHTS.
(1) If the City has a good faith belief that Contractor has knowingly violated Section
448.09(1), Florida Statutes, the City shall terminate this Agreement with Contractor for
cause, and the Gity shall thereafter have or owe no further obligation or liability to
Contractor.
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(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 Gity will promptiy notify the Gontractor and order the Coniractor 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 to terminate
this Agreement for cause.
(3) A contract terminated under the foregoing 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 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 City terminates the Agreement with Contractor under the foregoing Subsection
(Bj(1), Contractor may not be awarded a pubiic contract for at least 1 year after the date
of termination of this Agreement.
(6) Contractor is liable for any additional costs incurred by the City as a result of the
termination of this Agreement under this Section 20.
21. Contractor's Compliance With Anti-Human TraffickinA Laws.
Gontractor 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-Numan Trafficking Laws, as
required by Section 787.Q6(13), Florida Statutes, a copy of which is attached hereto as Exhibit
„C,�
22. Prohit�ition on Gontractinq with an Individual or Entity Which Has Performed
Services for Compensation to a Candidate for Citv Elected C)ffice.
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 o�ce, 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 applv 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 regularly performed by the individual or entity in the ordinary course of
business for clients or customers other than candidates for office. 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 enforce any provision of this Agreement shall not be deemed a waiver of such
provision or modification af this Agreement. A party's waiver of any breach of a provision of this
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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 eourt of competent
jurisdiction to be invalid, the remaining provisions shali continue to be effective unless City elects
to terminate this Agreement.
25. Joint Preparation.
The parties hereto acknowledge that they have sought and received whatever competent advice
and counsel as was necessary for them to form a full and complete understanding of all rights and
obligations herein and that the preparation of this Agreement has been a joint effort of the parties,
the language has been agreed to by parties to express their mutual intent and the resuiting
document shall not,solely as a matter of judicial construction, be construed more severely against
one of the parties than the other.
26. Mutual coot�eration.
Contractar recognizes that the performance of this Agreement is essential to the provision of vital
pubiic services and the accomplishment af the stated goais 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 activefy 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 As�reement.
This writing and any exhibits and/or attachments incorporated (andlor otherwise referenced for
incorporation hereinj 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]
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IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed
by the respective officials thereunto duly authorized, this date and year first above written.
FOR CITY: CITY OF MIAMI BEACH, FLORIQA
ATTEST:
DS DS
DocuSigned by /� 't"� �r� � �
B a.t.l, �. Gv'a�.a�.e c'. � ` � � .7,� : G �
y: i' Pi L��� oOL.. •�
e48���P�do, City Clerk Eric E. Carpente , P.E., City Manager
Date: 10/1/2025 � 10:06 AM EDT
FOR CONTRAGTOR: tv11CHAE� BENJAMIN MOFSKY
WITNESS:
Siqned by:
SigftatUfG' ' o�t��€eas:oa. � g/25l2025� 11:20 AM EDT
Michael Mofsky
Print Name Print Name
Date:
Approved: Approved as to farm & language &
for execution.
DocuSigned by:
_ �l �O � 1��������1 � ���
�E�irector �+�City Attorney �� Date
DocuSiyned by:
QMN�.fC.04 o S�A.��
ti6�tt�a�agemeni and Budget
��Sipned by:
��`�'`� -
�o��sr��ces
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Exhibit A
Descriqtion of Services
Contractor shall provide math tutoring and interventions for students in grades 6 through 8. The
Contractor`s instruction wiil be designed to address each student's specific learning needs and
will adhere to the Florida B.E.S.T. Standards for Mathematics and the Miami-Dade County Public
Schoois' prescribed curriculum, pacing guides, and learning objectives for grades 6 - 8 math
courses. The Contractor will utilize their professional expertise and instructionai strategies to
effectively deliver content aligned with these standards and objectives.
Tutoring will be provided in person or by virtual methods, provided that the City Manager's
designee approves, in writing, of the delivery method.
Math tutoring and interventions will take place in Miami Beach Nautilus Middle School for a
total of up to 130 hours of after-school math tutoring, between tJctober 1.2025, and June 5, 2026.
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Exhibit B
Fee
Contractor shall be paid per hour.
Contractor shall be paid $30 per hour for after-school math tutoring provided to students
identified by the school principal, with the goal of supporting student achievement of the
required Miami-Dade County Public Schools' math standards.
The $3,900 Fee covers up to 130 hours of after school math tutoring (130h x $30/h =
$3,900), in the 2025-2026 Schooi Year.
Invoicing for these services shall be submitted bi-weekly and in a timely manner.
Page 15 of 16
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Exhibit C
Human Traffickinq Affidavit
In accordance with Section 787.�6 (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 787.06, Florida Statutes, entitled "Human
Tra�cking".
I understand that I am swearing or affirming under oath ta 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 Corrtractor.
CONTRACTOR:
l/���� � � , � «�t A +.'�o S
�t 6 �2 �c 63 �st �
Y�:c/��..�/�v rSl�.v� /r'1��..� ; , fla.,ri(� 3 3�38
(Name) (Address)
State of �I d�� C'`�
County of �' 1 ti (�.�11 t �/��
The foregoing instrument was acknowledged befor me b eans ofy�(physical presence
or ❑ online notarization, this day of 2025 by Yl�i �G�< <�Q�S�'Y known to me to be the
person escribed herein, or ho produced as identification, and who did/did not take an
oath. ��tir i���r;�e✓S ��'�.�� �12�• 5�Z . �-�; .yS� U
NOTARY PUBLIC:
� .�:�•�����:.'��"
-,�. .
t /' �,��rr;i�ss,�..
\J ''� .
, �:ur.,�,t�t •. * .
(Si�r� ture) HH 2676�3 :�
� ,�� G h.� \ J� �'jl � `:x�'�RES • •�
• c:
'•'f.i�.7.Q26 .•'.��
(Print Name `—'�_/ ' '°�.
�0.�Z'. �'�ZYYIC�` �5� Z6 2��
,
My commission expires: � '� �U Z�
Page 16 of 16
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MICHAEL BENJAMIN MOFSKY
652 N.E. 63r`� Strect,Apt. #1405
Miami, Fl. 33138
(786) 312-4067
Employee ID#291257
mmofskv[ci�dadcschools.nct
mmofsky�ci�mail.com
EDUCATION:
Universitv of Florrda, Gainesville, Florida August 2001
Degree: Bachelor of Scieuce in Business Administration Cumulative GPA: 3.6/4.0
Undergraduate Honors: President's List, Dean's List 1997-2001
Miami Dade College, Miami, Florida Deceniber 2013
Educator's Preparation lnstitute: Certification Program EPI GPA: 4.0/4.0
TEACHING EXPERIENCE:
State nf Ftorida Educutional Certificado�r Qualificutions:
• Professional Educator's Certificate: Mathematics- (Grades 5—9& Grades 6-12)
• Gifted Endorsed by the State of Florida
MIAVII DADE COUNTY PUBLIC SCHOOLS:
Lead Math Teacher Miami Beac/r Nuutilus Middle Sc/:ool Aug. 2020—Present
• Experienced Mathematics Department Chairperson
• Effecti��e Middle School teacher�vith experience that inctudes teaching 7`" Grade
Accelerated Math, High Scltool Algebra 1 Honors, and High School Geometry
Honors under the Florida B.E.S.T. Benchmarks of Math
• Pro��en record of successfully implementing blended leaming using the Big Ideas
Math textbooks and Big Ideas digital software program with Middle School
Honors Algebra 1 students and Middlc School Honors Geometry students
� Expertise using Unify/Performance Matters to providc data-driven instruction.
• Competent at delivering lessons using the Gradual Release Model in whole-group
and small-group scttings, as well as on an individualized basis
• Capablc of differentiating instruction through suppiemental resources such as I-
Rcady Math and IXL
• Experienced IB Middle Years Programme instructor
• Experienced STEAM teacher
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Lead Math 7'eacher Miami Beacf:Nautilus Middle School Aug. 2015—Jttne 2020
• Highly Effcctive Middle School teacher with expericnce that includcs teaching
every level of mathematics ranging from 6`"grade to 10`h grade under the Florida
Standards of Math including High 5chool Algebra 1 Honors and High School
Geometry Honors
• Proven record of successfully implementing blended leaming using the Carnegie
Learning textbaoks and Carnegie Learning Mathia personalized digital software
program with 6'h, 7'�', and 8`�'grade students as a lead teachcr in an iPrep-Math
classroom
• Expertise using Unify/Performance Matters to provide data-driven instruction.
• Competent at delivering lessons using thc Gradual Release Model in whole-group
and small-group settings, as well as on an individualized basis
• Capablc of differentiating instruction through supplemental resources such as I-
Ready Math and Math Ed�:enuity
Math Interventionist Miami Beach Nautilus Midd[e Schoo! Acrg. 2413—June 201 S
• Provided Dircct Instruction to iPrep Math students on a regular basis using thc
Carnegie Learning Worktext
• Assisted and supported curriculutn instruction as a part of the iPrep-Math Team at
Miami Beach Nautilus Middle School
• Participated in Student Data Chats
• Achieved proficiency in managing Carnegie Learning Online, Edmodo, & Reflex
Math programs
• Met with parents to discuss pupils' academic, social and behavioral progress
• Participated in faculty and professional meetings, and educational conferences
VOLUNTEER EXPERIENCE:
Hands on Miami
Project Leader Ju[y 2009—July 201 Z
Co�:rmunity Honor: Volunteer Leader of the Year 2010—2011
• Lead and participated in scheduled organized projects
• Organized restoration and cleanup at North Shore Park and Miami Beach
Botanical Gardens
• Assisted in improvin�the health and wellness of the families living at the Ronald
McDonald House of Miami,the Veterans at the VA Medical Genter of Miami,
and the senior citizens in thc Miami Jewish Health Systcros
• Operated the projects' administrative web pages, and accounted for and
coordinated project participants
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RESOLUTION NO.2d21-31562
A RESOLUT{ON OF THE MAYOR AND CITY COMMtSSlON OF THE CITY
OF MIAMI BEACH, APPROVING THE AFTERSGHOOL MATHEMATICS
TUTORIAL PROGRAM AT MlAM{ BEACH SENt�R HIGH SCHOOL AND
MIAMI BEAGH NAUTILUS MIDDLE SCHOOL FOR THE 2020-21 SCHOOL
YEAR AND. SUBSEQlJENT SCHOOL YEARS, SUBJECT TO FUNDtNG
APPROPRIATION AND APPROVAL DURING THE CITY'S BUDGETARY
PROCESS FOR EACH SCHOOL YEAR, IN AN AM�UNT NOT TO EXCEED
$15,000;AND, FURTHER,AUTHORIZING TNE CITY MANAGER AND C1TY
CLERK TO EXECUTE ANY AND ALL REQUIRED AGREEMENTS AND
DC?CUMENTS F�R THE CONTINUATION OF THtS EDUCATI�NAL
ENHANCEMENT.
WHEREAS, in January 2008,the City of Miami Beach, Florida(the°City")entered into an
Education Compact with Miami-Dade County Public Schools to enhance learning opportunities
for youth; and
WHEREAS, the Education Compact reflects the desire of the Miami Beach community to
suppv�t excellence in the City's public scfiools; and
WNEREAS, on Aprii 22, 2Q18, pursuant to Resolution No. 201&30259, the following
educational enhancements were approved for funding and implementation: Extracurricular after-
school activities for Biscayne Beach Elementary School and Miami Beach Fienberg Fisher K-8;
reading interventionists during school hours at North Beach Elementary School, Miami Beach
South Pointe Elementary School, Miami Beach�anberg Fisher K-8, Biscayne Beach Elementary
Schoof, and Miami Beach Nautilus Middle Schaol; math interventionists during school hours at
Miami Beach Nautilus Middle School and Miami Beach Senior High School;and expanded mental
health services at al( public elementary and middle schools in Miami Beach; and
WHEREAS, there are many students across the country who have been struggling with
their classes irrespective of the pandemic; and
WHEREAS, an January 13, 2021, the Mayor and City Commission discussed Item No.
R9 U, entitled °Discussion and Vote Regarding Col(ege Students Offering Tutoring Seroices to
Miami Beach Students° and voted to expand the tutoring services for mathematics for Miami
Beach youth, in an amount not to exceed $15,000 per school year,and
WHEREAS, the Administration supports the recommended enhancement for students
attending Miami Beach Senior High School and Miami Beach Nautilus Middle School,which could
include virtua{ and/or in-school math tutoring services, during the 2Q20-2021 school year, and,
thereafter, for each subsequent school year, subject to funding approval during each fiscal year
through the City's budgetary process.
NOW, THEREFC?RE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY
COMMISS[ON OF THE CITY OF MIAMI BEACH�FLORIDA that the Mayor and City Commission
hereby approve the afterschool mathematics tutorial program at Miami Beach Senior High
Schoo) and Miami Beach Nautilus Middle School for the 2020-21 school year and
subsequent schoo( years, subject to funding appropriat(on and approval during the City's
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budgetary process for each school year, in an amount not to exceed$15,000;and,further,
authorize the City Manager and City Clerk to execute any and al! required agreements
and documents for the continuation of this educational enhancement.
PASSED and ADOPTED this �3 day of January 2021.
ATTEST:
Dan Gelber, Mayor
Z Zet.,
Raf el E. rana , ity Cferk s\�f:Q�,
�
:��' �,�c;ti'.
� ���'�°w�':
� =1N1'OAP ORATED; _
s,�. ;;�h;
'4��Lj�.n..•�•1�J?
'^��„H 2�,.-i
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
1 �l�C`' � Zb ZOZ1
/�C� , �ote
Gty At omey Q�i„.�
� C�1"�V
F:106PI�ORG DEV&PERF IMP10rganizational Development\Org DevlCommittee Quality Eduqtlon\CompacllEDUCATIONAL
INITIATIVES 20191Afterschoo1�2020-211Math Tutors AS 2021
2
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New B�siness and Commisslan Reauests-R9 U
MIANIIBEACH
COMMISSION MEMORANDUM
TO: Hortorable Mayor and Members of the City Commission
FROM: Commissioner Michael Go�gora
DATE: January 13,2021
SUBJECT:DISCUSSION AND VOTE REGARDING COLLEGE STUDENTS
O�FERING TUTORING SERVECES TO MIAMI BEACH STUDENTS.
ANALYSIS
Please place on the Jan 13 Commission agenda item a discussion and vote regarding college
studerds offering tutoring services to Miami Beach students. There are many students across
the cour�try who have been struggling with their classes imespecNve of the pandemic. It wo�d
be a win- win for the coflege student and the Miami Beach student as some colleges have
compietely go online for the rest of the remaining semesters. l understand that cumenUy we
have fur►ds for school interver�iorusts. Please feel free to cor�tact Diana For�tani should you
need ar�}r additional information.
SUPPORTfNG $URVEY DATA
WA
A.�plicable Area �
Citywide
Is this a"Reside�ts Riaht �oes this item utilize G.O.
to Know"i em,oursuant ta Bond Funds?
City Cocie Section 2-14?
y� No
Legjslatnre Tracktn�
Commissior�er Michael Gongora
Page 1928 of 1954
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MIAMI BEACH � � � � � � � �
,r
ICA-Michaei Mofsky-tvlath Tutor at Miami Beach Nautilus Middie School SY2025-26
Michaei Benjamin Mofsky Education and Performance Initiatives
� � � �. ,�
Dr.Leslie Rosenfeld �,� if Jason Green �� �,��
;�� - �:i.
Type 1-Contract,amendment,change order,or task order resulting from a procurement-issued compe[itive solititation.
Type 2-Any other contract,amendment,change order,or task order that does not result from a procurement-issued competitive solicitation.
X Type 3-Independen[Contractor Agreemen[(ICA) Type 6-Tenant Agreement
Type 4-Grant agreements with the City as ihe recipient Type 7-Inter-governmental agency agreement
Type 5-Grant agreements with the City as the grantor 7ype 8-Other:
.� ., •a: ,, w , ,z . .:
'�.',:(�:•�' ;...
The Contractor shall provide math tutoring for students in grades 6 through 8.The Contractor's instruction shall be desig�ed to address
each student's specific learning needs and shali adhere to the Florida B.E.S.T.Standards for Mathematics and the Miami-Dade County
Public Schools'prescribed curriculum,pacing guides,and learning objectives for gredes 6-8 math courses.The Contractor will utilize
their professional expertise and instructional strategies to effectively deliver content aligned with these standards and objectives.Math
tutoring wiil take place in Miami Beach Nautilus Middle School for a total of up to 130 hours between October 1,2025,and lune 5,
2026.
`z`� �
October 1,2025—June 5,2026
', GrantFunded Yes i X I No ' State Federai Other: '
I
1 '; $3,900 177-6881-000343-12-400-592-00-00-00-� Yes x No
2 Yes No
3 Yes No
4 Yes No
1.For contracts longer than five years,contact the Procurement Departme�t.2.Attach any supporting explanation needed.3.Budget
approval indicates approval for the current fiscal year only. Future years are suhject to[ity Commission approval of the annuai
ado ted operatin bud et.
�.:,; '+�`A
City Commission Approved: X Yes No Resolution No.: CC Agenda Item No.: CC Meeting Date:
2021-31562
If no,explain why CC approval is not required:
Legal Form Approved: X Yes No If no,explain below why form approval is not necessary:
' .. `
,
Procurement: N/A ; Grants:w , N/A
Budget: Information Technology: N/A
Tameka Otto Stewart �u8lpnadby:
Risk Management: �.y��p���aes. Fleet&Facilities: N/A
Marc Chevalier
�tAl''G t,V'
Human Resources: acsEoszsa�aoaoe Other: N/A
$lyned by:
Marla Alpizar A, .,�
►�l.dU'UA. Q l
DES82AOAFaOD»3C