PSA between the CMB and Guardian Watch, Inc. for Child and Family Services, Pursuant to the City's Service Partnership Initiative Docusign Envelope ID:600F81CC-CA50-4127-86DE-CCA5D065D854 `� O�� � �3� �
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF MIAMI BEACH
AND
GUARDIAN WATCH, INC.
FOR
CHILD AND FAMILY SERVICES, PURSUANT TO
THE CITY'S SERVICE PARTNERSHIP INITIATIVE
���,"� : !; '1'a-_':.
�~ I 4.
This Professional Services Agreement ("AgreemenY') is entered into this day of
, 2025, but shall be effective as of October 1, 2025 ("Effective Date"), between the
CITY OF MIAMI BEACH, FLORIDA, a municipal corporation organized and existing under the
laws of the State of Florida, having its principal offices at 1700 Convention Center Drive, Miami
Beach, Florida, 33139 (the "City"), and GUARDIAN WATCH, INC., a Florida not-for-profit
corporation, whose address is 5375 NW 159 Street, Suite 4612, Hialeah, FL. 33014 ("Service
Provider").
SECTION 1
DEFINITIONS
Agreement: This Agreement between the City and Service Provider, including any
exhibits and amendments thereto.
City Manager: The chief administrative officer of the City.
City Manager's
Designee: The City staff member who is designated by the City Manager to
administer this Agreement on behalf of the City. The City Manager's
designee shall be the Office of Housing and Community Services
Department Director.
Service Provider: For the purposes of this Agreement, Service Provider shall be deemed to
be an independent Service Provider, and not an agent or employee of the
City.
Services: All services, work and actions by the Service Provider performed or
undertaken pursuant to the Agreement.
Fee: Amount paid to the Service Provider as compensation for Services.
Proposal Documents: Proposal Documents shall mean City of Miami Beach Family &
Neighborhood Support Partnerships No. 2621-1090 for Family
Pathways, together with all amendments thereto, issued by the City in
contemplation of this Agreement Family & Neighborhood Support
Partnerships, and the Service Provider's proposal in response thereto
("Proposal"), all of which are hereby incorporated and made a part hereof;
provided; however, that in the event of an express conflict between the
Proposal Documents and this Agreement, the following order of
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precedent shall prevail: this Agreement; the Family 8� Neighborhood
Support Partnerships; and the Proposal.
Risk Manager: The Risk Manager of the City, with offices at 1700 Convention Center
Drive, Third Floor, Miami Beach, Florida 33139; telephone number (305)
673-7000, Ext. 6435; and fax number(305) 673-7023.
SECTION 2
SCOPE OF SERVICES
2.1 In consideration of the Fee to be paid to Service Provider by the City, Service Provider
shall provide the work and services described in Exhibit "A" hereto (the "Services").
Although Service Provider may receive a schedule of the available hours to provide its Services,
the City shail not control nor have the right to control the hours of the Services performed by the
Service Provider; where the Services are performed (although the City will provide Service
Provider with the appropriate location to perform the Services); when the Services are
performed, including how many days a week the Services are performed; how the Services are
performed, or any other aspect of the actual manner and means of accomplishing the Services
provided. Notwithstanding the foregoing, all Services provided by the Service Provider shail be
performed in accordance with the terms and conditions set forth in Exhibit "A" and to the
reasonable satisfaction of the City Manager. If there are any questions regarding the Services
to be performed, Service Provider should contact the following person:
Gabriela Manon, Senior Program Coordinator and/or
Alba Tarre, Department Director
Office of Housing and Community Services
1700 Convention Center Drive
Miami Beach, Florida, 33139
2.2 Service Provider's Services, and any deliverables incident thereto, shall be completed in
accordance with the time{ine and/or schedule in Exhibit "A" hereto.
2.3 Service Provider agrees to be bound by and shall fully comply with the terms of the
agreement between the Children's Trust and the City ("Children's Trust Grant Agreement"),
incorporated herein by reference and attached hereto as part of Exhibit"C".
SECTION 3
TERM
The term of this Agreement ("Term") shall commence upon the Effective Date and shall
terminate on September 30'h, 2026. All Services to be rendered shall be completed no later than
September 302h, 2026.
Notwithstanding the Term provided herein, Service Provider shall adhere to any specific
timelines, schedules, dates, and/or performance milestones for completion and delivery of the
Services, as same is/are set forth in the timeline and/or schedule referenced in Exhibit "A"
hereto.
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SECTION 4
FEE
4.1 In consideration of the Services to be provided, Service Provider shall be compensated
on a fixed fee basis, in the amount of 70 960, for a total annual amount not to exceed
70 960.
4.2 Service Provider shall be compensated for the Services, as set forth in Section 2 and
Exhibit "A", as follows:
Provision of up to one thousand two hundred (1,200) total tutoring hours for ongoing year-round
enrollment of students. Students receive two sessions per week of a one-hour minimum; On an
individuai, as-needed basis, allocate an additional 30 minutes to 1 hour to students who require
intensive tutoring; Sessions not to exceed 2.5 hours. Sessions are at the rate of Fifty-five
Dollars ($55) per hour, for an annual maximum not to exceed the sum of Sixty-six Thousand
Dollars ($66,000.00); Provision of ten (10) Mathematics and ten (10) Language Arts
Assessments at $124 per assessment for a combined annual total of $1,240, to be purchased
twice per contract year from Lets go Learn, for a maximum not to exceed the sum of Four
Thousand Nine Hundred Sixty Dollars ($4,960.00). This contracYs annual maximum shall not
exceed Seventy Thousand Nine Hundred Sixty Dolfars ($70,960.00).
Service Provider'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".
4.3 As part of the Services to be provided herein, Service Provider shall provide the
following additional in-kind services:
Provision of up to forty-eight (48} tutoring services for each child for up to two (2)
children, for two and a half (2.5) hours per session, at the rate of Fifty-five Dollars
($55) per hour, not to exceed a total annual value of Thirteen Thousand Two
Hundred Dollars ($13,200.00).
4.4 Service Provider shall provide the City with a detailed invoice, on a monthly basis, that
details ail services performed by Service Provider in a particular month including the
forms attached as Exhibit "B" hereto. Service Provider's invoices are subject to the
review and approval of the City Manager and/or his or her designee, who shall be the
Department Director of the Office of Housing and Community Services. The City shall
not remit any payments to Service Provider unless Service Provider provides the City
with a detailed invoice that is acceptable to the City.
4.5 INVOICING
Upon receipt of an acceptable and approved invoice, payment(s) shall be made within forty-five
(45) days for that portion (or those portions) of the Services satisfactorily rendered (and
referenced in the particular invoice).
Invoices shall inciude a detailed description of the Services (or portions thereof) provided, and
shall be submitted to the City to the Senior Program Coordinator s e-mail,
GabrielaManonna.miamibeachfl.qov or at the following address:
Alba Tarre, Department Director
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Office of Housing and Community Services
1700 Convention Center Drive
Miami Beach, Florida, 33139
SECTION 5
TERMINATION
5.1 TERMINATION FOR CAUSE
If the Service Provider shall fail to fulfill in a timely manner, or otherwise violates, any of the
covenants, agreements, or stipulations material to this Agreement, the City, through its City
Manager, shall thereupon have the right to terminate this Agreement for cause. Prior to
exercising its option to terminate for cause, the City shall notify the Service Provider of its
violation of the particular term(s) of this Agreement, and shall grant Service Provider ten (10)
days to cure such default. If such default remains uncured after ten (10) days, the City may
terminate this Agreement without further notice to Service Provider. Upon termination, the City
shall be fully discharged from any and all liabilities, duties, and terms arising out of, or by virtue
of, this Agreement.
Notwithstanding the above, the Service Provider shall not be relieved of liability to the City for
damages sustained by the City for any breach of the Agreement by the Service Provider. The
City, at its sole option and discretion, shall be entitled to bring any and all legallequitable actions
that it deems to be in its best interest in order to enforce the City's rights and remedies against
Service Provider. 7he City shall be entitled to recover ail costs of such actions, including
reasonable attorneys' fees.
5.2 TERMINATION FOR CONVENIENCE OF THE CITY
THE CITY MAY ALSO, THROUGH ITS CITY MANAGER, AND FOR ITS
CONVENIENCE AND WITHOUT CAUSE, TERMINATE THE AGREEMENT AT ANY
TIME DURING THE TERM BY GIVING WRITTEN NOTICE TO SERVICE PROVIDER
OF SUCH TERMINATION; WHICH SHALL BECOME EFFECTIVE WITHIN THIRTY
(30) DAYS FOLLOWING RECEIPT BY THE SERVICE PROVIDER OF SUCH NOTICE.
ADDITIONALLY, IN THE EVENT OF A PUBLIC HEALTH, WELFARE OR SAFETY
CONCERN, AS DETERMINED BY THE CITY MANAGER, IN THE CITY MANAGER'S
SOLE DISCRETION, THE CITY MANAGER, PURSUANT TO A VERBAL OR
WRITTEN NOTIFICATION TO SERVICE PROVIDER, MAY IMMEDIATELY SUSPEND
THE SERVICES UNDER THIS AGREEMENT FOR A TIME CERTAIN, OR IN THE
ALTERNATIVE, TERMINATE THIS AGREEMENT ON A GIVEN DATE. IF THE
AGREEMENT IS TERMINATED FOR CONVENIENCE BY THE CITY, SERVICE
PROVIDER 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.
5.3 TERMINATION FOR INSOLVENCY
The City also reserves the right to terminate the Agreement in the event the Service Provider
is placed either in voluntary or involuntary bankruptcy or makes an assignment for the benefit
of creditors. In such event, the right and obligations for the parties shall be the same as
provided for in Section 5.2.
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SECTiON 6
INDEMNIFICATION AND INSURANCE REQUIREMENTS
6.1 INDEMNIFICATION
Service Provider agrees to indemnify, defend and hold harmless the City of Miami Beach and its
officers, employees, agents, and Service Provider, from and against any and all actions
(whether at law or in equity), claims, liabilities, losses, and expenses, including, but not limited
to, attorneys' fees and costs, for personal, economic or bodily injury, wrongful death, loss of or
damage to property, which may arise or be alleged to have arisen from the negligent acts,
errors, omissions or other wrongful conduct of the Service Provider, its officers, employees,
agents, Service Providers, or any other person or entity acting under Service Provider's control
or supervision, in connection with, related to, or as a result of the Service Provider's
perFormance of the Services pursuant to this Agreement. To that extent, the Service Provider
shall pay all such claims and losses and shall pay all such costs and judgments which may
issue from any lawsuit arising from such claims and losses, and shall pay all costs and
attorneys' fees expended by the City in the defense of such claims and losses, inciuding
appeals. The Service Provider expressly understands and agrees that any insurance protection
required by this Agreement or otherwise provided by the Service Provider shall in no way limit
the Service Provider's responsibility to indemnify, keep and save harmless and defend the City
or its officers, employees, agents and instrumentalities as herein provided.
The parties agree that one percent (1%) of the total compensation to Service Provider for
performance of the Services under this Agreement is the specific consideration from the City to
the Service Provider for the Service Provider's indemnity agreement. The provisions of this
Section 6.1 and of this indemnification shall survive termination or expiration of this Agreement.
6.2 INSURANCE REQUIREMENTS
The Service Provider shall maintain and carry in full force during the Term, the following
insurance:
1. Service Provider General Liability, in the amount of$1,000,000.
2. Service Provider Professional Liability, in the amount of$200,000; and
3. Workers Compensation & Employers Liability, as required pursuant to Florida Statutes.
The insurance must be furnished by insurance companies authorized to do business in the
State of Florida. All insurance policies must be issued by companies rated no less than "A-" as
to management and not less than �`Class VI" as to strength by the latest edition of Best's
Insurance Guide, published by A.M. Best Company.
Timely renewal certificates will be provided to the City as coverage renews. The insurance
certificates for General Liability shall include the City as an additional insured and shall contain
a waiver of subrogation endorsement. Service Provider's insurance shall be primary and not
contributory for direct claims arising out of the Agreement under the Commercial General
Liability policy. If the Professional Liability coverage is provided on a claims made basis, then
such insurance shall continue for (3) years following the expiration or termination of the
Agreement.
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Original certificates of insurance must be submitted to the City's Risk Manager for approval
(prior to any work and/or services commencing) and will be kept on file in the Office of the Risk
Manager. The City shall have the right to obtain from the Service Provider specimen copies of
the insurance policies in the event that submitted certificates of insurance are inadequate to
ascertain compliance with required coverage.
The Service Provider is also sole�y responsible for obtaining and submitting all insurance
certificates for any sub-Service Providers.
Compliance with the foregoing requirements shall not relieve the Service Provider of the
liabilities and obligations under this section or under any other portion of this Agreement.
The Service Provider shall not commence any work and or services pursuant to this Agreement
until all insurance required under this section has been obtained and such insurance has been
approved by the City's Risk Manager.
TYPE 7B — PROFESSIONAL SERVICES
(NON-CONSTRUCTION)
INSURANCE REQUIREMENTS
The vendor shall maintain the below required insurance in effect prior to awarding the contract
and for the duration of the contract. The maintenance of proper insurance coverage is a
material element of the contract and failure to maintain or renew coverage may be treated as a
material breach of the contract, which could result in withholding of payments or termination of
the contract.
A. Professional Liability (Errors & Omissions) Insurance appropriate to the
Consultant's profession, with limit no less than $1,000,000.
Additional Insured - City of Miami Beach must be included by endorsement as an additional
insured with respect to all liability policies (except Professional Liability and Workers'
Compensation) arising out of work or operations performed on behalf of the contractor including
materials, parts, or equipment furnished in connection with such work or operations and
automobiles owned, leased, hired or borrowed in the form of an endorsement to the contractor's
insurance.
Notice of Cancellation - Each insurance policy required above shall provide that coverage
shall not be cancelled, except with notice to the City of Miami Beach c/o EXIGIS Insurance
Compliance Services.
Waiver of Subrogation — Vendor agrees to obtain any endorsement that may be necessary to
affect the waiver of subrogation on the coverages required. However, this provision applies
regardless of whether the City has received a waiver of subrogation endorsement from the
insurer.
Acceptability of Insurers — Insurance must be placed with insurers with a current A.M. Best
rating of A:VII or higher. If not rated, exceptions may be made for members of the Florida
Insurance Funds (i.e. FWCIGA, FAJUA). Carriers may also be considered if they are licensed
and authorized to do insurance business in the State of Florida.
Veri�cation of Coverage — Contractor shall furnish the City with original certificates and
amendatory endorsements, or copies of the applicable insurance language, effecting coverage
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required by this contract. All certificates and endorsements are to be received and approved by
the City before work commences. However, failure to obtain the required documents prior to
the work beginning shall not waive the Contractor's obligation to provide them. The City
reserves the right to require complete, certified copies of all required insurance policies,
including endorsements, required by these specifications, at any time.
CERTIFICATE HOLDER MUST READ:
City of Miami Beach
c/o Exigis Insurance Compliance Services
P.O. Box 947 Murrieta, CA 92564
SECTION 7
LITIGATION JURISDICTIONNENUE/JURY TRIAL WAIVER
This Agreement shall be construed in accordance with the laws of the State of Florida. This
Agreement shall be enforceable in Miami-Dade County, Florida, and if legal action is necessary
by either party with respect to the enforcement of any or all of the terms or conditions herein,
exclusive venue for the enforcement of same shall lie in Miami-Dade County, Florida. By
entering into this Agreement, Consultant and the City 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.
SECTION 8
LIMITATION OF CITY'S LIABILITY
The City desires to enter into this Agreement oniy if in so doing the City can place a limit on the
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 $10,000.
Service Provider hereby expresses its willingness to enter into this Agreement with Service
Provider's recovery from the City for any damage action for breach of contract to be limited to a
maximum amount of$10,�00.
Accordingly, and notwithstanding any other term or condition of this Agreement, Service
Provider hereby agrees that the City shall not be liable to the Service Provider far damages in
an amount in excess of $10,000 for any action or claim for breach of contract arising out of the
performance or non-performance of any obligations imposed upon the City by this Agreement.
Nothing contained in this section or elsewhere in this Agreement is in any way intended to be a
waiver of the limitation placed upon the City's liability, as set forth in Section 768.28, Florida
Statutes.
SECTION 9
DUTY OF CARE/COMPLIANCE WITH APPLICABLE LAWS/PATENT RIGHTS; COPYRIGHT;
AND CONFIDENTIAL FINDINGS
9.1 DUTY OF CARE
With respect to the performance of the Services contemplated herein, Service Provider shall
exercise that degree of skill, care, efficiency and diligence normally exercised by reasonable
persons and/or recognized professionals with respect to the performance of comparable v�rork
and/or services.
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9.2 COMPLIANCE WITH APPLICABLE LAWS
In its performance of the Services, Service Provider shall comply with all applicable laws,
ordinances, and regulations of the City, Miami-Dade County, the State of Florida, and the
federal govemment, as applicable.
9.3 PATENT RIGHTS; COPYRIGHT; CONFIDENTIAL FINDINGS
Any work product arising out of this Agreement, as well as all information specifications,
processes, data and findings, are intended to be the property of the City and shall not otherwise
be made public and/or disseminated by Service Provider, without the prior written consent of the
City Manager, excepting any information, records etc. which are required to be disclosed
pursuant to Court Order and/or Florida Public Records Law.
All reports, documents, articles, devices, and/or work produced in whole or in part under this
Agreement are intended to be the sole and exclusive property of the City, and shall not be
subject to any application for copyright or patent by or on behalf of the Service Provider or its
empioyees or sub-Service Providers, without the prior written consent of the City Manager.
SECTION 10
GENERAL PROVISIONS
10.1 AUDIT AND INSPECTIONS
Upon reasonable verbal or written notice to Service Provider, and at any time during normal
business hours (i.e. 9AM — 5PM, Monday through Fridays, excluding nationally recognized
holidays), and as often as the City Manager may, in his/her reasonable discretion and
judgment, deem necessary, there shall be made available to the City Manager, and/or such
representatives as the City Manager may deem to act on the City's behalf, to audit, examine,
and/ or inspect, any and all other documents and/or records relating to all matters covered by
this Agreement. Service Provider shall maintain any and all such records at its place of
business at the address set forth in the "Notices" section of this Agreement.
10.2 INSPECTOR GENERAL AUDIT RIGHTS
(A) Pursuant to Section 2-256 of the Code of the City of Miami Beach, the City has
established the Office of the Inspector General which may, on a random basis, perform
reviews, audits, inspections and investigations on all City contracts, throughout the
duration of said contracts. This random audit is separate and distinct from any other
audit performed by or on behalf of the Ciry.
(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
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project design, bid specifications, (bid/proposal) submittals, activities of the Service
Provider, 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 Service Provider, the Service Provider 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
Service Provider 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 Service Provider'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 sub-Service Providers and suppliers, all project-
related correspondence, memoranda, instructions, financial documents, construction
documents, (bid/proposal) and contract documents, back-change documents, all
documents and records which involve cash, trade or volume discounts, insurance
proceeds, rebates, or dividends received, payroll and personnel records and supporting
documentation for the aforesaid documents and records.
(E) The Service Provider shall make available at its office at all reasonable times the
records, materials, and other evidence regarding the acquisition (bid preparation) and
performance of this Agreement, for examination, audit, or reproduction, until three (3)
years after final payment under this Agreement or for any longer period required by
statute or by other clauses of this Agreement. In addition:
i. If this Agreement is completely or partially terminated, the Service Provider shall
make available records relating to the work terminated until three (3) years after
any resulting final termination settlement; and
ii. The Service Provider 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 Service Provider, its officers, agents,
employees, sub-Service Providers and suppliers. The Service Provider shall incorporate
the provisions in this section in all subcontracts and all other agreements executed by
the Service Provider in connection with the performance of this Agreement.
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(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 Service Provider o�third parties.
10.3 ASSIGNMENT, TRANSFER OR SUBCONSULTING
Service Provider shali not subcontract, assign, or transfer all or any portion of any work and/or
service under this Agreement without the prior written consent of the City Manager, which
consent, if given at all, shall be in the Manager's sole judgment and discretion. Neither this
Agreement, nor any term or provision hereof, or right hereunder, shall be assignable unless as
approved pursuant to this section, and any attempt to make such assignment (unless
approved) shall be void.
10.4 PUBLIC ENTITY CRIMES
Prior to commencement of the Services, the Service Provider shall file a State of Florida Form
PUR 7068, Sworn Statement under Section 287.133(3)(a) Florida Statute on Public Entiry
Crimes with the City's Procurement Division.
10.5 NO DISCRIMINATION
In connection with the performance of the Services, the Service Provider 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, Service Provider shall comply fully with the City of Miami Beach Human Rights
Ordinance, codified in Chapter 62 of the City Code, as may be amended from time to time,
prohibiting discrimination in employment, housing, public accommodations, and public
services on account of actual or perceived race, color, national origin, religion, sex,
intersexuality, gender identity, sexual orientation, marital and familial status, age, disability,
ancestry, height, weight, domestic partner status, labor organization membership, familial
situation, or political affiliation.
10.6 CONFLtCT OF INTEREST
Service Provider herein agrees to adhere to and be governed by all applicable Miami-Dade
County Conflict of Interest Ordinances and Ethics provisions, as set forth in the Miami-Dade
County Code, as may be amended from time to time; and by the City of Miami Beach Charter
and Code, as may be amended from time to time; both of which are incorporated by reference
as if fully set forth herein.
Service Provider covenants that it presently has no interest and shall not acquire any interest,
directly or indirectly, which could conflict in any manner or degree with the performance of the
Services. Service Provider further covenants that in the performance of this Agreement,
Service Provider shall not employ any person having any such interest.
10.7 SERVICE PROVIDER'S COMPLIANCE WITH FLORIDA PUBUC RECORDS LAW
(A) Service Provider shall comply with Florida Public Records law under Chapter 119,
Florida Statutes, as may be amended from time to time.
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(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 Service Provider meets the
definition of "Service Provider" as defined in Section 119.0701(1)(a), the Service
Provider 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 Service Provider does not transfer the records to the City;
(4) Upon completion of the Agreement, transfer, at no cost to the City, all pubiic
records in possession of the Service Provider or keep and maintain public
records required by the Ciry to perform the service. If the Service Provider
transfers all public records to the City upon completion of the Agreement, the
Service Provider shall destroy any duplicate public records that are exempt or
confidential and exempt from public records disclosure requirements. If the
Service Provider keeps and maintains public records upon completion of the
Agreement, the Service Provider 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 Service Provider of the
request, and the Service Provider must provide the records to the City or allow
the records to be inspected or copied within a reasonable time.
(2) Service Provider's failure to comply with the City's request for records shall
constitute a breach of this 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 Service Provider 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 Service Provider to compel production of public
records relating to the City's contract for services, the court shall assess and
award against the Service Provider the reasonable costs of enforcement,
including reasonable attorneys' fees, if:
a. The court determines that the Service Provider unlawfully refused to comply
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with the public records request within a reasonabte time; and
b. At least 8 business days before filing the action, the plaintiff provided written
notice of the public records request, including a statement that the Service
Provider has not complied with the request, to the City and to the Service
Provider.
(2) A notice complies with subparagraph (1)(b) if it is sent to the City's custodian of
public records and to the Service Provider at the Service Provider's address
listed on its contract with the City or to the Service Provider's registered agent.
Such notic+es must be sent by common carrier delivery service or by registered,
Global Express Guaranteed, or ce�tified mail, with postage or shipping paid by
the sender and with evidence of delivery, which may be in an electronic format.
(3) A Service Provider who complies with a public records request within 8 business
days after the notice is sent is not liable for the reasonable costs of enforcement.
(F) IF THE SERVICE PROVIDER HAS QUESTIONS REGARDING THE
APPLICATlON OF CHAPTER 119, FLORlDA STATUTES, TO THE
SERVICE PROVIDER'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN
OF PUBLIC RECORDS AT:
CITY OF MIAMI BEACH
ATTENTION: RAFAEL E. GRANADO, CITY CLERK
1700 CONVENTION CENTER DRIVE
MIAMI BEACH, FLORIDA 33139
E-MAIL: RAFAELGRANADO(c�MlAMlBEACHFL.GOV
PHON E: 305-673-7411
10.8 FORCE MAJEURE
(A) A "Force Majeure" event is an event that (i) in fact causes a delay in the performance of
the Service Provider 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 tomadoes, earthquakes, or other acts of God
which prevent performance_ Force Majeure shall not include technological impossibility,
inclement weather, or failure to secure any of the required permits pursuant to the
Agreement.
(B) If the Ciry or Service Provider'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 f'rfteen (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
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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 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) Obligations pursuant to the Agreement that arose before the occurrence of a Force
Ma}eure 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 shall 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 City 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 Service Provider of
such termination. If the Agreement is terminated pursuant to this section, Service
Provider 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.
10.9 E-VERIFY
(A) To the extent that Service Provider provides labor, supplies, or services under this
Agreement, Service Provider 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, Service Provider
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, Service
Provider shall expressly require any sub-Service Provider 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 sub-Service Provider. If Service Provider enters into a contract with an approved
sub-Service Provider, the sub-Service Provider must provide the Service Provider with
an affidavit stating that the sub-Service Provider does not employ, contract with, or
subcontract with an unauthorized alien. Service Provider shall maintain a copy of such
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affidavit for the duration of the Agreement or such other extended period as may be
required under this Agreement.
(B) TERMINATION RIGHTS.
(1) If the City has a good faith belief that Service Provider has knowingly violated
Section 448.09(1), Florida Statutes, which prohibits any person from knowingly
employing, hiring, recruiting, or referring an alien who is not duly authorized to
work by the immigration laws or the Attorney General of the United States, the
City shall terminate this Agreement with Service Provider for cause, and the City
shall thereafter have or owe no further obiigation or liability to Service Provider.
(2) If the City has a good faith belief that a sub-Service Provider has knowingly
violated the foregoing Subsection 10.9(A), but the Service Provider otherwise
complied with such subsection, the City will promptly notify the Service Provider
and order the Service Provider t� immediately terminate the contract with the
sub-Service Provider. Service Provider's failure to terminate a sub-Service
Provider 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 Service Provider or a sub-Service Provider 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 Service Provider under the foregoing
Subsection (B)(1), Service Provider may not be awarded a public contract for at
least 1 year after the date of termination of this Agreement.
(6) Service Provider is liable for any additional costs incurred by the City as a result
of the termination of this Agreement under this Section 10.9.
10.10 CONSULTANT'S COMPLIANCE WITH ANTI-HUMAN TRAFFICKING LAWS
Service Provider agrees to comply with Section 787.06, Florida Statutes, as may be amended
from time to time, and has executed the Anti-Human Trafficking Affidavit, containing 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"B".
10.11 PROHIBITION ON CONTRACTING WITH A BUSINESS ENGAGING IN A BOYCOTT
Service Provider warrants and represents that it is not currently engaged in, and will not engage
in, a boyeott, as defined in Section 2-375 of the City Code. In accordance with Section 2-
375.1(2)(a) of the City Code, Service Provider hereby certifies that Service Provider is not
currently engaged in, and for the duration of the Agreement, will not engage in a boycott of
Israel.
10.12 PROHIBITION ON CONTRACTING WITH AN INDIVIDUAL OR ENTITY WHICH HAS
PERFORMED SERVICES FOR COMPENSATION TO A CANDIDATE FOR CITY
ELECTED OFFICE
Service Provider warrants and represents that, within two (2) years prior to the Effective Date,
Service Provider 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
Cod e.
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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 regularfy 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}.
10.13 PROHIBITION AGAINST CONTRACTING WITH FOREIGN COUN7RIES OF
CONCERN WHEN AN INDIVIDUAL'S PERSONAL IDENTIFYING INFORMATION
MAY BE ACCESSED fNOTE: ONLY INCLUDE IF APPLICABLEI
Service Provider hereby agrees to comply with Section 287.138, Florida Statutes, as may be
amended from time to time, which states that as of January 1, 2024, a governmental entity may
not accept a bid on, a proposal for, or a reply to, or enter into, a contract with an entity which
would grant the entity access to an individual's personal identifying information (PII), unless the
entity provides the governmental entity with an affidavit signed by an officer or representative of
the entity under penalty of perjury attesting that the entity does not meet any of the criteria in
Paragraphs 2(a)-(c) of Section 287.138, Florida Statutes: (a) the entity is owned by a
government of a foreign country of concern; (b) the government of a foreign country of concern
has a controlling interest in the entity; or (c) the entity is organized under the laws of or has its
principal place of business in a foreign country of concern (each a "Prohibited Entity"). A foreign
country of concern is defined in Section 287.138 (1)(c), Florida Statutes, as may be amended
from time to time, as the People's Republic of China, the Russian Federation, the Islamic
Republic of Iran, the Democratic People's Republic of Korea, the Republic of Cuba, the
Venezuelan regime of Nicolas Maduro, or the Syrian Arab Republic, including any agency of or
any other entity of significant control of such foreign country of concern. Additionally, beginning
July 1, 2025, a governmental entity may not extend or renew a contract with a Prohibited Entity.
Service Provider warrants and represents that it does not fall within the definition of a Prohibited
Entity, and as such, has caused an authorized representative of Service Provider to execute the
"Prohibition Against Contracting with Entities of Foreign Countries of Concern AffidaviY',
incorporated herein by reference and attached hereto as Exhibit"C".
SECTION 11
NOTICES
All notices and communications in writing required or permitted hereunder, shall be delivered
personally to the representatives of the Service Provider and the City listed below or may be
mailed by U.S. Certified Maii, retum receipt requested, postage prepaid, or by a nationally
recognized overnight delivery service.
Until changed by notice, in writing, all such notices and communications shall be addressed as
follows:
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TO SERVICE PROVIDER:
Guardian Watch, Inc
Attn: Paul A. Marino, Executive Director
5375 NW 159 Street, Suite 4612
Hialeah, FL. 33014
(305) 482-3366
TO CITY: City of Miami Beach
Office of Housing and Community Services
Attn: Alba Tarre, Department Director
1700 Convention Center Drive
Miami Beach, Florida 33139
(305) 673-7491
Notice may also be provided to any other address designated by the party to receive notice if such
alternate address is provided via U.S. certified mail, retum receipt requested, hand delivered, or by
overnight delivery. In the event an alternate notice address is properly provided, notice shall be
sent to such alternate address in addition to any other address which notice would otherwise be
sent, unless other delivery instruction as specificafly provided for by the party entitled to notice.
Notice shall be deemed given on the date of an acknowledged receipt, or, in all other cases, on the
date of receipt or refusal.
SECTION 12
MISCELLANEOUS PROVISIONS
12.1 CHANGES AND ADDITIONS
This Agreement cannot be modified or amended without the express written consent of the
parties. No modification, amendment, or alteration of the terms or conditions contained herein
shafl be effective unless contained in a written document executed with the same formality and
of equal dignity herewith.
12.2 SEVERABILITY
If any term or provision of this Agreement is held invalid or unenforceable, the remainder of this
Agreement shall not be affected and every other term and provision of this Agreement shall be
valid and be enforced to the fullest extent permitted by law.
12.3 WAIVER OF BREACH
A party's failure to enforce any provision of this Agreement shall not be deemed a waiver of
such provision or modification of this Agreement. A party's waiver of any breach of a provision
of this Agreement shall not be deemed a waiver of any subsequent breach and shafl not be
construed to be a modification of the terms of this Agreement.
12.4 JOINT PREPARATION
The parties hereto acknowiedge 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
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resulting document shall not, solely as a matter of judicial construction, be construed more
severely against one of the parties than the other.
12.5 ENTIRETY OF AGREEMENT
The City and 5ervice Provider agree that this is the entire agreement between the parties. This
Agreement supersedes all prior negotiations, correspondence, conversations, agreements or
understandings applicable to the matters contained herein, and there are no commitments,
agreements or understandings concerning the subject matter of this Agreement that are not
contained in this document. Title and paragraph headings are for convenient reference and are
not intended to confer any rights or obligations upon the parties to this Agreement.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by
their appropriate officials, as of the date first entered above.
FOR CITY: CITY OF MIAMI BEACH, FLORIDA
ATTEST:
� /
By: �
Rafael E. Granado, City Clerk Eric T. Carpenter City Manager
;-�;,��F>�����,
_;�,..,...... �ti
_.� ..
Date: :�.
� .a _. _.. _ :�,.�.��+�";;��.._ ,
� .�:,�,,, ; 's
.IkCGn�ORAiED:�'�
�,�i. �1.;', `'`'
•�:
��'
FOR SERVICE PROVIDER: GUARDIAN WATCH, INC.
ATTEST:
�DocuSigned by: Siqned by:
��'�`"`�`�'t�.�.°^. gy: �a�u�, N1.aY'i�n.b
Gabriela Manon, Senior Program Coordinator P.A.Marino
Print Name and Title Print Name and Title
Datg: 10/17/2025� 3:02 PM EDT
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
�� ( C..�
City Attomey �`� Date
F:ATTOlTORGlAgreements/Professional Services Agreemerit 2021 modified 2-28-25
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EXHIBIT "A"
"SCOPE OF SERVICES"
All Services related to this Agreement being provided to minor children or youth must be
administered in the presence of the minor's parent or legal guardian; unless parenUlegal
guardian has granted written authorization to provider waiving one's physical presence.
Alternatively, the Services may be provided in a safe, public space (e.g. the minor's school), or
virtual space, but oniy if approved in writing by the parent or legal guardian and the City.
Service Provider staff must attempt to contact all students referred to receive Services related to
this Agreement within two (2) business days.
Service Provider staff must advise the City of the status of all referrals for Services related to
this Agreement within five (5) business days.
Service Provider staff must attempt to contact student within (2) two business days of referral
and inform the City if students are unresponsive no later than eight (8) days after referrals are
made.
Service Provider staff must advise the City of any challenges to service delivery, including but
not limited to language barriers, capacity issues, student concerns, staff concerns, and
scheduling challenges, immediately.
The Service Provider agrees to provide the following services to youth enrolled in the City of
Miami Beach Family Pathways Program:
� . • .
•
Tutoring Session 1,200 1. Sign-In Sheet (Attendance Form) signed by all attendees.
2. Each tutoring session must take place on a different date
and indicate beginning and ending times.
Tutoring Session 96 1. Sign-In Sheet (Attendance Form) signed by all attendees.
(In-Kind) 2. Each tutoring session must take place on a different date
and indicate beginning and ending times.
Related Definitions:
Child Tutoring Session—The Tutoring Session is completed by the Service Provider's staff in
accordance with their policies and procedures. Sessions are scheduled to the family's
convenience and are offered in the studenYs home, via a virtual platform or at a public setting
(e.g. the minor's school). Children and/or their parents are taught effective study skills and
learning strategies. Children who receive a referral from school personnel or who are not
passing one or more of their classes are eligible for tutoring. The eligibility of other prospective
students will be reviewed on a case-by-case basis and approved at the sole discretion of the
City. Service Provider staff must provide the City with feedback on the child's academic
progress via Progress Reports that are completed each tutoring session by the tutor and are
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submitted monthly. The Tutoring Session is documented by the full and accurate completion of
the Attendance Form including signature of the identified student(s) receiving the service and
the tutor providing the service and is, at minimum, 60 minutes in length. On an individual, as-
needed basis, allocate an additional 30 minutes to 1 hour to students who require intensive
tutoring; Sessions are not to exceed 2.5 hours. An alternative option to an attendance form may
be accepted and approved at the discretion of the City.
Should the Service Provider encounter challen_qes in meetin_q the below stated service
deliverables within the required timeframes, the Service Provider may request an
extension. The approval below and duration of al1 extensions are at the sole discretion of
fhe Citv. If the Service Provider is unable to satisfy deliverables within the required
timeframes, the Citv reserves the ripht to conduct said services or assiqn said services
to an a/ternate vendor at its sole discretion.
Services must be provided in accordance with the timeline below timeline and in
response to student needs. If the Service Provider is found to be providin_p services
primarilv durinq the second half of anv calendar month, the Citv reserves the riqht to
request documentation to explain fhe delav in service provision.
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Service Deliverables
Servicr�s must b� �'elivered as follov��fi
• : : :
- - � . . . -
Tutorir�y Session Ongoing, year VirtuallPublic All eligible l utoring Sessions will be
round enroilment Setting completed within fifteen (15) days of
referral receipt. Service Provider
Conduct tutoring must make initial contact with the
sessions twice per student within 72 hours of referral
week per student, and must report the results of the
with a minimum contact initiation to the City. Should
session duration the Service Provider encounter
of one hour. challenges in meeting the service
deliverables within the required
timeframes, the Service Provider
Flexibility for may request an extension. The
individualized approval and duration of all
additional extensions are at the sole discretion
support-30 of the City.
minutes to 1
hour—as needed
for students
requiring
intensive
instruction.
Session durations
not to exceed 2.5
hours.
Total session
allotment: 1,200.
Total tutoring
hours available:
up to 1,200 hours
(minimum)or
3,000 hours
(maximum}, based
on session length
variability.
Tutoring Session 48 sessions for VirtuaVPublic All eligible Tutoring Sessions will be
(In-Kind) each of up to 2 Setting compieted within fifteen (15} days of
children, for a referral receipt. Service Provider
total of 96 must make initiai contact with the
unique tutoring student within 72 hours of referral
sessions. and must report the results of the
contact initiation to the City. Should
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the Service Provider encounter
challenges in meeting the service
deliverables within the required
timeframes, the Service Provider
may request an extension. The
approval and duration of all
extensions are at the sole discretion
of the City.
Service Documentation
Services will be deemed as provided when the following documentation is provided within the
noted timeframes:
� . . . . � - . .
Tutoring Session . Attendance Form, clearly delineating Documentation must be
identified student submitted by the 5"' of the
• Progress Report for each student following month for all
listed on the Attendance Form services provided in the
previous month. `See
Reporting Requirements,
page 21.
Notification Emails should be encrypted, (ONLY if Service Provider is able to encrypt emails for
the profection of student information).
Penalties for Failure to Perform
If the Service Provider fails, on two occasions, to submit required, accurate documentation in
the timeframe allotted, the Service Provider will forfeit two (2°/o) percent of the combined billed
total for the months in which inaccuracies took place. Documents submitted within the required
timeframe and found to be insufficient are subject to penalties for failure to perForm.
If the Service Provider fails, on three occasions, to submit required, accurate documentation in
the timeframe allotted within the contract Term, the Service Provider is subject to the termination
of any further service referrals, but Service Provider will be allowed to complete the service units
allotted to existing students. The decision to cease additional referrals to Service Provider rests
in the sole discretion of the City.
"Required, accurate documentation" may refer to:
• Monthly Invoices
• Monthly Progress Report
• Monthly Student Sign-In Sheets (Attendance Form)
• Monthly In-kind Hours, Contributions, and/or Leverage
• Student Assessments
• Relevant Service documentation
• Notification Emails
• Any document required by this Agreement
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If any individual employed by or independently contracted with the Service Provider fails, on
more than one occasion, to attend a scheduled student meeting without notifying the City of an
impending absence, the City reserves the right to remove that individual from the Service
Provider's staff roster for the purposes of this Contract.
If the Service Provider is unable to fulfill the contracted service level within the allocated
timeframe for each service component, the City reserves the right to reduce service levels
accordingly across the funded service spectrum and terminate this Agreement at its discretion.
If the Service Provider is unable to fulfiil the contracted service level and the City subsequently
reduces service and funding levels, the City reserves the right to select another vendor to fulfill
the remaining service units. The City will select the alternate vendor at its sole discretion.
Employee/ Service Provider File Review
The following documentation must be included in the employee or Service Provider file for all
collectively, Staff providing services under this Agreement.
The following must be included in the employee files:
• Employment Application
• Evidence of degree/credentials
• Job Description Signed by Staff
• Evidence of Required Experience
. Florida Background Criminal Screening
• National FBI Background Criminal Screening (Level 2)
• Affidavit of Good Moral Character
. Proof of Knowledge of Policies & Procedures
• Confidentiality Agreement Re: Student Information
• Authorized time sheets, records, and attendance sheets to document the staff time billed
to provide Services pursuant to this Agreement
• Daily activity logs and monthly calendars of the provision of Services pursuant to this
Agreement
• I-9 Verification on File
Monitoring visits may take place within thirty (30) days of the commencement of services. The
City will notify the Service Provider a minimum of two (2) business days' notice prior to a
monitoring visit.
The City reserves the right to inspect Staff files with due notice (at least forty-eight (48) hours in
advance of planned site visit) to ensure adherence to contractual expectations as well as to
ensure pre-screening prior to a monitoring visit by The Children's Trust.
Reporting Requirements
Each month, the Service Provider will provide the City with a Monthly Report that includes the
Monthly Invoice, Monthly Progress Report, and Attendance Form, in the reimbursement request
utilizing the City's Reporting and Reimbursement Forms (Exhibit B) by 5:00 PM on the fifth (5t'')
of the following month. The student list detailing the dates, services provided, and students
receiving said services must be included. If in-kind hours are submitted, back-up documentation
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stating same must be included. In the event that the fifth of the month lands on a Saturday,
Sunday or holiday, the report must be submitted the following business day. Reports are due to
the City on the following dates:
• Wednesday, November 5, 2025
. Friday, December 5, 2025
• Monday, January 6, 2026
• Thursday, February 5, 2026
• Thursday, March 5, 2026
• Monday, April 6, 2026
• Tuesday, May 5, 2026
• Friday, June 5, 2026
• Monday, July 6, 2026
• Wednesday, August 5, 2026
• Monday, September 7, 2026
. Monday, October 5, 2026
Monthly Reports for reimbursement requests may be submitted via any of the following
methods:
• Electronic mail
• Facsimile
• Standard mail
• Hand delivery
Monthly Reports will not be considered acceptable unless the following are met:
• Forms are completely and accurately filled with necessary back-up materials
including Monthly Attendance Form, Monthly Progress Report, Monthly Invoice, and
any relevant Service documentation.
• Reports bear the signature of the authorized agency representative submitting the
report on behalf of the Service Provider.
Monitoring & Performance Reviews
This Agreement between the City of Miami Beach and Guardian Watch, Inc. is a Professional
Services Agreement (PSA). Guardian Watch, Inc. is not a sub-Service Provider, and therefore,
Subrecipient Monitoring is not applicable.
The City reserves the right to inspect, monitor and/or audit the Service Provider to ensure
contractual compliance. This includes, but is not limited to:
• Review of on-site service delivery
• Inspection and review of student, budgetary and employee files (for those employees
providing services under this Agreement)
The City will notify the Service Provider a minimum of two (2) business days' notice prior to a
monitoring visit.
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Promotion 8� Public Relations Requirements
The Service Provider agrees to receive Family Pathways Program Brochures and make them
available to students during all in-person student interactions.
The Service Provider agrees to link its website to the City's Family Pathways webpage. Such
link must be in place prior to the execution of this Agreement.
The Service Provider agrees to indicate its membership in the Partnership in all self-produced
marketing materials that are produced for the benefit of youth and families.
Service Provider shall secure the City Manager's prior written consent in connection with any
self-produced marketing or communications materials, including the license to use the City's
Marks, in connection with the promotion of the Services during the Term. Notwithstanding
receipt of written authorization to use the City's Marks in connection with the promotion of the
Services, all City Marks shall remain the property of the City and Service Provider shall cease
using said City Marks upon the expiration or early termination of this Agreement, or upon the
written request of the City Manager.
Training Requirements
Personnel providing services under in this Agreement will be required to complete the following
trainings prior to service provision, as delineated below:
---- — - — -- -- ---
I City Provided Trainings�__ __ _ _ TI,�_Pro�ram Overview Training_ �
Student Termination
Service Provider staff must notify the Program Coordinator and/or Case Worker of student
inactivity. If the staff member has not been able to reach a student, they must notify the City by
the eighth (8) day.
Service Provider's Staff Roster
Service Provider will provide the City, at the City's request, with following information for each
Staff member to conduct services related to this Agreement:
• Name
• Resume
• Credentials, to include degrees and licenses, as required by position
• Phone number
• E-mail address
• Days and times available for service provision (minimum of three weeknight or weekend
shifts available per week)
• Language Skills (minimum of one bilingual staff inember required per every 10
contractually required students)
• Total number of hours per week each Staff member is able to commit
• Name of Supervisor and total number of hours per week committed to
supervision/staffing in support of activities related to this Agreement.
• Contractual agreement between Service Provider and Staff inember.
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Service Provider agrees to adhere to the screening requirements contained herein for each Staff
member, and staff must meet the minimum requirements appropriate for the positions related to
this Agreement and in accordance with Service Provider's policies and procedures.
Service Provider's Staff members are required to wear identification while conducting services.
Jewish Community Services of South Florida, Inc. 211 Helpline Registration
Service Provider agency will register with Jewish Community Services of South Florida, Inc. 211
Helpline to ensure that agency information is accurate and updated. This contractual obligation
is directed by The Children's Trust. Agency registration can be done at the following website:
https://jcsfl.orq/services/switchboard-211/
Additional Documentation
The following documentation must be submitted with this executed agreement:
• All required insurance certificates
• Copy of most recent financial audit
• Copy of required business licenses and permits
• List of all members of Service Provider's Board of Directors, if applicable
• Service Provider's Board of Directors by-laws, if applicable
• Conflict of Interest policy
• Agency 990 Form
• Agency W-9 Form
26
Docusign Envelope ID:600F81CC-CA50-4127-86DE-CCA5D065D854
EXHIBIT B
INVOICING
The Service Provider agrees to provide the invoicing and services documentation as indicated
utilizing the following forms attached herein:
• Monthly Invoices
• Monthly Narrative/Progress Report
• Monthly Student Sign-In Sheets (Attendance Form)
• Monthly In-kind Hours, Contributions, and/or Leverage
• Student Assessments
• Relevant Service documentation
27
Docusign Envelope ID:600F81CC-CA50-4127-86DE-CCA5D065D854
EXHIBIT C
ATTACHMENTS
The following reference documents are attached:
• Contract XX21-1090 Between the Chiidren's Trust and City of Miami for
Family Neighborhood Support Partnership
[REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK]
2$
Docusig�Envelope ID:600F81CC-CA50-4127-86DE-CCA5D065D854
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MIAMI BEACH . . . , , . , , . ._ � �: , �:�. _ .
2621-1090 Professional Service Agreement Between City of Miami Beach and Guardian Watch,Inc
Guardian Watch,Inc Office of Housing and Community Services
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Alba Tarre �(�a '�`Qyy�, David Martinez ' Z
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Type 1—Contract,amendment,change order or task order resulting from a procurement-issued competitive solicitation.
Type 2—Other contract,amendment,change order or task order not resulting from a procurement-issued competitive solicitation.
Type 3—Independent Contractor Agreement(ICA) Type 6—Tenant Agreement
X Type 4—Grant agreements with the City as the recipient Type 7—Inter-governmental agency agreement
Type 5—Grant agreements with the City as the grantor Other:
The Mayor and City Commission's adoption Resolution No.33311,authorizing the City Manager to execute various grant
agreements.The City of Miami Beach received a grant trom the Children's Trust to provide tutoring services to Miami Beach
youth residents enrolled in the City of Miami Beach Family Pathways program. In attachment A"Scope of Services",
Guardian Watch,Inc.is the partner to provide tutoring services and the Office of Housing and Community Services has
negotiated an agreement in the amount not to exceed$70,960 for the 2025-2026 fiscal year.This agreement supports
ongoing,year-round enrollment with 1,200 total tutoring hours,depending on session lengths ranging from 1 to 2.5 hours.It
includes flexibility for individualized,intensive support for students needing additional instruction.The tutoring service
budget is$66,000,with an additional$4,960 allocated for mathematics and language arts assessments.
1 year None 1 year
Grant Funded: X Yes No State Federal Other:
1 $70,960 143 0320-000312 23-405 542-00-00-00 5042o Yes No
2 Yes No
3 Yes No
4 Yes No
5 Yes No
1.For contracts longer than five years,contact the Procurement Department. 2.Attach any supporting explanation needed.
3. Budget approval indicates approval for current fiscal year only. Future years are subject to City Commission approval of
annual adopted operating budget.
ity Commission Approved: Yes No Resolution No.: CC Agenda Item No.: CC Meeting Date:
202433311
If no,explain why CC approval is not required:
egal Form Approved: X Yes No If no,explain be�ow why form approval is not necessary:
DocuSlpnea Dy:
Procurement: N/A Grants:Krystal Dobbins
Budget: N/A InformationTechnology: N/A _er=a.:a����,-�
Risk Management: N/A Fleet&Facilities: N/A
Human Resources: N/A Other: N/A