HomeMy WebLinkAboutIndependent Contractor Agreement between CMB and (Contractor) Lili RotholzDocmgn Envelope ID: 211EKDBA83B4519-A 11-AF97623NF57
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INDEPENDENT CONTRACTOR AGREEMENT
11W02615:19 PM EST
This Agreement is entered into on this day of , 2025 between Lill Rotholz
("Contractor"), and the City of Miami Beach, Florida (the'City'), fora period clone year (fora total
of 555 hours), with an effective starting date of October 1, 2025, and an end date of September
30, 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 City
shall not control nor have the right to control the hours of the Services performed by the Contractor;
where the Services are performed (although the City will provide Contractor with the appropriate
location to perform the Services); when the Services are performed (including how many days a
week the services are performed): how the Services are performed; or any other aspect of the
actual manner and means of accomplishing the Services provided. Notwithstanding the foregoing,
all Services provided by the Contractor shall be in accordance with the terms and conditions set
forth in Exhibit 'A" hereto, and performed to the reasonable satisfaction of the City Manager. If
there are any questions regarding the Services to be performed, Contractor should contact the
following person:
Dr. Leslie Rosenfeld, Chief Education & Performance Initiatives Officer
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 amount of $10,000 (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 shall remit payment
to the Contractor within 45 days of receiving an acceptable and approved invoice from the
Contractor for that portion (or those portions) of the Services satisfactorily rendered (and referred to
in the particular invoice).
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 It 4) days following
receipt by the other party of the written termination notice. Notwithstanding the foregoing, in the
event of a public health, welfare or safety concem, as determined by the City Manager, in the City
Manager's sole discretion, the City Manager, pursuant to a verbal or written notification to
Contractor, may immediately suspend the Services under 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 section, the Contractor shall be paid a sum equal to all payments due to him/her up to the date
of termination; provided Contractor is continuing to satisfactorily perform all Services up to the date
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Of termination. Thereafter, the City shall be fully discharged from any further liabilities, duties, and
terms arising out of, or by virtue of, this Agreement.
4. Indemnification/Hold Harmless
Contractor agrees to indemnify, defend, and hold harmless the City of Miami Beach and its officers,
employees and agents, from and against any and all actions, claims, liabilities, losses and
expenses including, but not limited to, attorney's fees, for personal economic or bodily injury,
wrongful death, loss of or damage to property, at law or in equity, which may arise or be alleged to
have arisen from the negligent acts or omissions or other wrongful conduct of Contractor, and/or
any and all subcontractors, employees, agents, or any other person or entity acting under
Contractor's control, in connection with the Contractor's performance of the services pursuant to
this Agreement. Contractor shall pay all such claims and losses and shall pay all costs and
judgments, which may arise from any lawsuit arising from such claims and losses, and shall pay all
costs and attorney's fees expended by the City in defense of such claims and losses, including
appeals.
The parties agree that one percent (1 %) of the total compensation to Contractor for performance of
the Services under this Agreement is the specific consideration from the City to Contractor for the
Contractors 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 lamination (or earlier expiration) of this Agreement.
5. Limitation of Liabllit
The City desires to enter into this Agreement only if in so doing the City can place a limit on City's
liability for any cause of action for money damages due to an alleged breach by the City of this
Agreement, so that its liability for any such breach never exceeds the sum of the compensation/fee
to be paid to Contractor pursuant to this Agreement, less any amounts actually paid by the City as
of the date of the alleged breach. Contractor hereby expresses his/her willingness to enter into this
Agreement with Contractors 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 orcondition of 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 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 City's liability as set forth in Section 768.28, Florida Statutes.
6. Notices.
All notices and communications in writing required or permitted hereunder may be delivered
personally to the representatives of the Contractor and the City listed below or maybe mailed by
U.S. Certified Mail, return receipt requested, postage prepaid, or by a nationally recognized
overnight delivery service.
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Until changed by notice in writing, all such notices and communications shall be addressed as
Mims:
CONTRACTOR: UE Rotholz
2132 NE 171 Street
North Miami Beach, FL 33162
(305) 542 3076
lilir55@aol.com
CITY: Dr. Leslie Rosenfeld
City of Miami Beach
Education & Performance Initiatives
1700 Convention Center Drive
Miami Beach, FL 33139
(305) 305 673 7000 ext. 6923
Notice shall be deemed given on the date of an acknowledged receipt, and, in all other cases, on
the date of receipt or refusal.
7. Venue
This Agreement shall be governed by, and construed in accordance with, the laws of the State of
Florida, both substantive and remedial, without regard to principles of conflict of laws. The
exclusive venue for any litigation arising out of this Agreement shall be Miami -Dade County, Florida,
if in state court, and the U.S. District Court, Southern District of Florida, if in federal court. BY
ENTERING INTO THIS AGREEMENT, CITY AND CONTRACTOR EXPRESSLY WAIVE ANY
RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION
RELATED TO, OR ARISING OUT OF, THIS AGREEMENT.
a. Duty of Care/Compliance with Applicable Laws/Conflict of Interest.
With respect to the performance of the Services contemplated herein, Contractor shall exercise
that degree of skill, care, efficiency and diligence normally exercised by reasonable persons
and/or recognized professionals with respect to the performance of comparable services.
In Its performance of the Services, Contractor shall comply with all applicable laws, ordinances,
and regulations of the City, Miami -Dade County, the State of Florida, and the federal government.
Without limiting the foregoing, Contractor herein agrees to adhere to and be governed by all
applicable Miami -Dade County Conflict of Interest Ordinances and ethics provisions, as set forth in
the Miami -Dade County Code, and as may be amended from time to time: and by the City of
Miami Beach Charter and Code, as may be amended from time to time, both of which are
incorporated herein by referenced. as if fully set forth herein. Contractor shall comply with all
applicable state and federal laws and City policies and procedures 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. 1T.01.01—Artificial Intelligence (AI) Usage, as maybe amended from time
to time.
Contractor covenants that it presently has no interest and shall not acquire any interest, direct or
indirectly which should conflict in any manner or degree with the performance of the Services.
Contractor further covenants that in the performance of Services under this Agreement, no person
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having any such interest shall knowingly be employed by the Contractor. Notwithstanding the
foregoing, Contractor shall be able to provide similar services to other third parties as long as they
do not conflict with the Services to be provided hereunder.
9. No Discrimination.
In connection with the performance of the Services, the Contractor shall not exclude from
participation in, deny the benefits of, or subject to discrimination anyone on the grounds of race,
color, national origin, sex, age, disability, religion, income or family status.
Additionally, Contractor shall comply with City of Miami Beach Human Rights Ordinance, codified
in Chapter 62 of the City Code, as may be amended from time to time, prohibiting discrimination in
employment (including independent contractors), housing, public accommodations, public
services, and in connection with its membership or policies because of actual or perceived race,
color, national origin, religion, sex, intersexuality, gentler 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 orordinanceor
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 ga), 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 required by the
City to perform the service. If the Contractor transfers all public records to the City
upon completion of the Agreement, the Contractor shall destroy any duplicate public
records that are exempt or confidential and exempt from public records disclosure
requirements. If the Contractor keeps and maintains public records upon completion
of the Agreement, the Contmctorshall 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.
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(D) REQUEST FOR RECORDS; NONCOMPLIANCE.
(1) A request to inspect or copy public records relating to the City's contract for semces
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) Contractors 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 fled against a Contractor to compel production of public records
relating to the City's contract for services, the court shall assess and award against
the Contractor the reasonable costs of enforcement, including reasonable attorney's
fees, if:
(a) The court determines that the Contractor unlawfully refused to comply with the
public records request within a reasonable time; and
- (b) At least eight (8) business days before filing the action, the plaintiff provided
written notice of the public records request, including a statement that the
Contractor has not complied with the request, to the City and to the Contractor.
(2) A notice complies with subparagraph (1)(b) if it is sent to the City's custodian of
public records and to the Contractor at the Contractors address listed on its contract
with the City or to the Contractors registered agent. Such notices must be sent by
common carder 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 formal.
(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.
(F) IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, OR AS TO
THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS AGREEMENT, 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(&MIAMIBEACHFL.GOV
PHONE: 305-673-7411
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11. Ownership of Documents/Patents and Coovriahts
Any and all documents prepared by Contractor pursuant to this Agreement are related exclusively
to the Services described herein shall be deemed to be a "work made for hire', and are intended or
represented for ownership by the City. Any re -use distribution, or dissemination of same by
Contractor, other than to the City, shall first be approved in writing by the City Manager, which
approval, if granted at all, shalt be at the City Manager's sole and absolute discretion.
Any patentable and/or copyrightable result arising out of this Agreement, as well as all information,
specifications, processes, data and findings, are hereby assigned to the City, in perpetuity, for
public use.
No reports, other documents, articles or devices produced in whole or in part under this
Agreement shall be the subject of any application for patent or copyright by or on behalf of the
Contractor (or its employees or subcontractors, (if any) without the pdorwritten consent of the City
Manager, which consent, if given at all, shall be at the Manager's sole and absolute discretion.
12. Liability for Rent, Supplies, Equipment Etc.
Contractor shall provide all funds necessary to pay all debts, disbursements, and expenses
incurred in connection with its performance of the Services hereunder, and shall not be entitled to
any reimbursement from the City unless otherwise agreed to by the City. It will also provide all
supplies and equipment necessary to provide such Services. If Contractor uses any of the City's
facilities, supplies, or equipment to furnish the Services hereunder, Contractor shall pay the City
(or such amount shall be deducted from the Fee set forth in Section 2) an amount as mutually
agreed by the parties.
13. Liability for Subcontractors
Contractor shall be liable for its Services, responsibilities and liabilities under this Agreement and
the costs, services, responsibilities and liabilities of any subcontractors (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 subcontractors which is
requested by the City. When the term "Contractor' is used in this Agreement, it shall be deemed to
include any subcontractors (if any) and/or any other person or entity acting under the direction or
control of Contractor (if any). All subcontractors (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
JOINTVENTURE. FOR THE PURPOSES OF THIS AGREEMENT, THE CONTRACTOR SHALL
BE DEEMED TO BE AN INDEPENDENT CONTRACTOR, AND NOT AN AGENT OR EMPLOYEE
OF THE CITY, AND SHALL NOT ATTAIN ANY RIGHTS OR BENEFITS UNDER THE CIVIL
SERVICE OR PENSION ORDINANCE OF THE CITY, OR ANY RIGHT GENERALLY AFFORDED
CLASSIFIED OR UNCLASSIFIED EMPLOYEES INCLUDING ANNUAL AND SICK DAY
ACCRUAL. FURTHER, THE CONTRACTOR SHALL NOT BE DEEMED ENTITLED TO
FLORIDA WORKER'S COMPENSATION BENEFITS AS AN EMPLOYEE OF THE CITY OR
ACCUMULATION OF SICK OR ANNUAL LEAVE.
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The Contractor shall be the sole parry 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 purposesofthe Federal
Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the
provisions of the Internal Revenue Code, any state revenue and taxation code relating to income
tax withholding at the source of income, the Workers' Compensation Insurance Code and other
benefit payments and third party liability claims), and the Contractor shall indemnify and hold the
City harmless from all costs, loss, damages or expenses (including but not limited to taxes,
accounting fees, court costs, and attorney's fees at all levels of litigation) in the event of any
determination to the contrary by any court of competent jurisdiction or governmental authority. The
Contmctorrecognizes and understands that it will receive an Internal Revenue Service Form 1099
statement and related tax statements, and will be required to file corporate and/or individual tax
returns and to pay taxes in accordance with all provisions of applicable Federal and state law. The
Contractor hereby promises and agrees to indemnify the City for any damages or expenses,
including attorney's fees, and legal expenses, incurred by the City as a result of the Contractor's
failure to make such required payments.
Except as otherwise expressly provided in the Agreement, the Contractor shall in no way hold itself
out as an employee, dependent agent, or other servant of the City, its employees or other agents,
or as other than a free agent with respect to the City. The Contractor is not granted, shall not have,
and acknowledges the absence of any right or authority to assume or create any obligations or
responsibility, express or implied, on behalf of or in the name of the City or to bind the latter in any
matter or thing whatsoever.
15. Intentionally Omitted.
16. Force Maieure
(A) A"Force Majeure"event is an eventthat(i) in fact causes a delay in theperformanceof 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 parry, and (iv) could not have reasonably been
foreseen and prepared for by such party at any time prior to the occurrence of the event.
Subject to the foregoing criteria, Force Majeure may include events such as war, civil
insurrection, riot, fires, epidemics, pandemics, terrorism, sabotage, explosions, embargo
restrictions, quarantine restrictions, transportation accidents, strikes, strong hurricanes or
tornadoes, earthquakes, or other acts of God which prevent performance. Force Majeure
shall not include technological impossibility, inclement weather, or failure to secure any of
the required permits pursuant to the Agreement.
(B) If the City or Contractor's performance of its contractual obligations is prevented or delayed
by an event believed by to be Force Majeure, such parry 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
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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 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 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 underthe 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 parry's performance under the Agreement fora time period greater than thirty (30) days,
the City may, at the sole discretion of the City Manager, terminate the Agreement on a given
dale, 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 staled Term.
17. Assignment.
Contractor shall not assign all or any portion of this Agreement without the prior written consent of
the City Manager, and it is agreed that said consent must be sought in writing by Contractor not less
than sixty (60) days prior to the date of any proposed assignment.
18. Audit and Inspection Records.
Contractor shall permit the authorized representatives of the City to inspect and audit all data and
records of the Contractor, if any, relating to performance under this Agreement until the expiration of
three years after final payment under this Agreement.
Contractor further agrees to include in all his/her subcontracts hereunder a provision to the effect
that the subcontractor agrees that the City or any of theirduly authorized representatives shall, until
the expiration of three years after final payment to the subcontractor, have access to and the right to
examine any directly pertinent books, documents, papers and records of such subcontractor,
involving transactions related to the subcontractor.
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19. Inspector General Audit Riahts
(A) Pursuant to Section 2-256 of the Code of the City of Miami Beach, the City has established
the Office of the Inspector General which may, on a random basis, perform reviews, audits,
inspections and investigations on all City contracts, throughout the duration of said
contracts. This random audit is separate and distinct from any other audit performed by or
on behalf of the City.
(B) The Office of the Inspector General is authorized to investigate City affairs and empowered
to review past, present and proposed City programs, accounts, records, contracts and
transactions. In addition, the Inspector General has the power to subpoena witnesses,
administer oaths, require the production of witnesses and monitor City projects and
programs. Monitoring of an existing City project or program may include a report concerning
whether the project is on time, within budget and in conformance with the contract
documents and applicable law. The Inspector General shall have the power to audit,
investigate, monitor, oversee, inspect and review operations, activities, performance and
procurement process including but not limited to project design, bid specifications,
(bid/proposal) submittals, activities of the Contractor, its officers, agents and employees,
lobbyists, City staff and elected officials to ensure compliance with the contract documents
and to detect fraud and corruption. Pursuant to Section 2-378 of the City Code, the City is
allocating a percentage of its overall annual contract expenditures to fund the activities and
operations of the Office of Inspector General.
(C) Upon ten(10) days written notice to the Contractor, the Contractor shall make all requested
records and documents available to the Inspector General for inspection and copying. The
Inspector General is empowered to retain the services of independent private sector
auditors to audit, investigate, monitor, oversee, inspect and review operations activities,
performance and procurement process including but not limited to project design, bid
specifications, (bid/proposal) submittals, 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.
(0) The Inspector General shall have the right to inspect and copy all documents and records in
the Contractor's possession, custody or control which in the Inspector General's sole
judgment, pertain to performance of the contract, including, but not limited to original
estimate files, change order estimate files, worksheets, proposals and agreements from and
with successful subcontractors and suppliers, all project -related correspondence,
memoranda, instructions, financial documents, construction documents, (bitl/proposal)and
contract documents, back -change documents, all documents and records which involve
cash, trade or volume discounts, insurance proceeds. rebates, or dividends received, payroll
and personnel records and supporting documentation for the aforesaid documents and
records.
(E) The Contractor shall make available at its office at all reasonable times the records,
materials, and other evidence regarding the acquisition (bid preparation) and performance
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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:
(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 Contractorshall make available records relating to appeals or to litigation or the
settlement of claims arising under or relating to this Agreement until such appeals,
litigation, or claims are finally resolved.
(F) The provisions in this section shall apply to the Contractor, its officers, agents, employees,
subcontractors and suppliers. The Contractor shall incorporate the provisions In this section
in all subcontracts and all other agreements executed by the Contractor in connection with
the performance of this Agreement.
(G) Nothing in this section shall impair any independent right to the City to conduct audits or
investigative activities. The provisions of this section are neither intended nor shall they be
construed to impose any liability on the City by the Contractor or third parties.
20. E•Var .
(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 verity 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 Contrectorenters into a
contract with an approved subcontractor, the subcontractor must provide the Contractorwith
an affidavit stating that the subcontractor does not employ, contract with, or subcontiactwith
an unauthorized alien. Contractor shall maintain a copy of such affidavit for the duration of
the subcontract or such other extended period as may be required under this Agreement.
(B) TERMINATION RIGHTS.
(1) If the City has a good faith belief that Contractor has knowingly violated Section
448.09(1), Florida Statutes, the City shall terminate this Agreement with Contractor
for cause, and the City shall thereafter have or owe no further obligation or liability to
Contractor.
(2) If the City has a good faith belief that a subcontractor has knowingly violated the
foregoing Subsection 20(A), but the Contractor otherwise complied with such
subsection, the City will promptly notify the Contractor and order the Contractor to
immediately terminate the contract with the subcontractor. Contractor's failure to
terminate a subcontractor 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 (Bx2) is not in
breach of contract and may not be considered as such.
Page 10 of 16
Docusi9n Envelope ID: 211EmDa 3B4519-AA41-AF97623B9F57
O.Wp Envelope ID: MU1A1-N3lP1NF.9318-33E884CCE75C
(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 (EXl) or
(B)(2) no later than 20 calendar ddys after the date on which the contract was
terminated.
(5) If the City terminatesthe Agreementwith Contractor under the foregoing Subsection
(Bxt ), Contractor may not be awarded a public contract for at least 1 year after the
date of termination of this Agreement.
(6) Contractor is liable for any additional costs incurred by the City as a result of the
termination of this Agreement under this Section 20.
21. Contractor's Compliance with Anti -Human Trafficking Laws.
Contractor agrees to comply with Section 787.06, Florida Statutes, as may be amended from time
to time, and has executed the Certification of Compliance with Anti -Human Trafficking Laws, as
required by Section 787.06(13), Florida Statutes, a copy of which is attached hereto as Exhibit"C".
22. Prohibition on Contracting with an Individual or Entity Which Has Perfomxd Services
for Compensation to a Candidate for City Elected Office.
Contractor warrants and represents that, within two (2) years prior to the effective date, Contractor
has not received compensation for services performed for a candidate for City elected office, as
contemplated by the prohibitions and exceptions of Section 2-379 of the City Code.
For the avoidance of doubt, the restrictions on contracting with the City pursuant to Section 2-379 of
the City Code shall not apply to the following:
(a) Any individual or entity that provides goods to a candidate for office.
(b) Any Individual or entity that provides services to a candidate for office if those same services
are 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 internal 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 amounting services).
23. Waiver of Breach.
A party's failure to enforce any provision of this Agreement shall not be deemed a waiverof 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 waiverof any subsequent breach and shall not be construed to
be a modification of the terms of this Agreement.
24. Severance.
In the event this Agreement or a portion of this Agreement is found by a court of competent
jurisdiction to be invalid, the remaining provisions shall 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
Page 11 of 16
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obligations herein and that the preparation of this Agreement has been a joint effort of the parties,
the language has been agreed to by parties to express their mutual intent and the resulting
document shall not, solely as a matter of judicial construction, be construed more severely against
one of the parties than the other.
26. Mutual Cooperation
Contractor recognizes that the performance of this Agreement is essential to the provision of vital
public services and the accomplishment of the stated goals and mission of the City. Therefore,the
Contractor shall be responsible to maintain a cooperative and good faith attitude in all relations with
the City and shall actively foster a public image of mutual benefit to both parties. The Contractor
shall not make any statements or take any actions detrimental to this effort.
27. Entire Aareement
This writing and any exhibits and/or attachments incorporated (and/or otherwise referenced for
incorporation herein) embody the entire agreement and understanding between the parties hereto,
and there are no other agreements and understandings, oral or written, with reference to the subject
matter hereof that are not merged herein and superseded hereby.
28. Backaround Check Aareement
In accordance with Sections 943.0542, 984.01, 39.001 and 1012.465, Florida Statutes and
Chapters 430, 435, and 402, Florida Statutes, as applicable, employees, volunteers, contractors,
and subcontracted personnel who work in directoontactwith the vulnerable population orwho come
into direct contact with the vulnerable population must complete a satisfactory Level background
screening prior to commencing work pursuant to this Agreement.
Level 2 Background screenings must be completed through the City of Miami Beach, Human
Resources Department. Contractor agrees to complete Level 2 Background screening prior to
initiating any work related to this Agreement.
[Signature Page to Follow]
Page 12 of 16
Dowsign Envelope ID: 211E6CD8-683B451B-AA41-AF97623B9F57
D u"n Envelope to: A6E81W-D4394U6F-9318 E8MCCE75C
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:
ATTEST:
— gn• w
P'Ad f. awA
Refs i�. �eFlado, City Clerk
115202615:19 PM EST
WITNESS:
Print Name
Date:
Approved:
Dowslpma M:
M3�4Lrotor —
Doeueg/
gned by h waj1
at444magament and Budget
Signed by: &
nRaaoas
CITY OF MIAMI BEACH, FLORIDA
By: E a
Eric T. Carpenter, P.E., City Manager
LILT ROTHOLZ
agn.d q:
1211612025 112.47 PM PST
' pDwivas..
Ui Rotholz
Print Name
Approved as to form & language &
for execution.
wh� \tIZNI�
City Attorney @R Date
Dmusgn Envelope ID: 211 E6CD8-883B4519-AA41-AF97623B9F57
Wangn EvWb 10: ABEB14A1-p43948BF-9318-33EBUCCE76C
Exhibit A
Description of Services
Contractor shall provide math interventions for students in grades K through 5. Contractor's
instruction will 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 school's prescribed curriculum, pacing guides,
and learning objectives for grades K-5 math courses. Contractor will utilize their professional
expertise and instructional strategies to effectively deliver content aligned with these standards and
objectives.
Math interventions will take place in Lehrman Community Day School for a total of 555 hours,
throughout the Term, excluding the time when school is not in session during the summer break.
Location
Lehrman Community Day School
Klurman Campus
727 Lehrman Drive, Miami Beach, Florida 33141
[THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK
Dmwgn Envelope ID: 211 E6CD8-883B4619-M41-AF97623B9F57
D usgn Envabpe ID: ABE814A1-W394e6F-931843E884CCE75C
Exhibit B
Contractor shall be compensated at a rate of $18 per hour for math interventions provided to
students identified by the school principal, with the goal of supporting student achievement of the
school's math standards.
The not -to -exceed $10,000 Fee covers up to 555 hours of service from the effective date of this
Agreement through September 30, 2026, excluding the time when school is not in session during
the summer break.
This Fee expires on September 30, 2026.
Invoicing for these services shall be submitted bi-weekly and in a timely manner
[THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK[
DOLus19n Envelope ID: 211E6CD6-683B4519-Wl-AF97623B9F57
Docuat EnvNopa ID: ABEetxA1-D039106F931&33EBB6CCE75C
Exhibit C
Human TrafFlckino Affidavit
In accordance with Section 787.06 (13), Florida Statutes, the undersigned, on behalf of Contractor
hereby attests under penalty of perjury that Contractor does not use coercion for labor or services
as defined in Section 787.06, Florida Statutes, entitled "Human Trafficking'.
I understand that I am swearing or affirming under oath to the truthfulness of the claims made in this
affidavit and that the punishment for knowingly making a false statement includes fines and/or
imprisonment.
The undersigned is authorized to execute this affidavit on behalf of Contractor
CONTRACTOR:
L If Ro-A o l z 2132 N dress)
s�O. Nen0� �L 162
(Name) (Atl'dress)
State of �errr�n
County of X(.*,;eAfu L: uff--f
The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑
online notarization, this U day of 1,� 1 2025 by
�"- -?:� ", s_ known to me to be the person described herein, or who
produced as identification, and who did/did not lake an oath.
NOTARY PUBLIC
/ /(Signature)
(Print Name)
My commission expires: 5 ZdL(R
E
FPublic Slate n.uee
272221
r. pi�ea%
Page 16 of 16
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0ocusio Envea l ID: ABE814A1-1)439i06F-9318�33EWCCE75C
Lili Rotholt
2132 NE 1715treet
North Miami Beach, FL 33162
305,542.3076
Iilwssgi al.cam
Objecthre
Dedicated and experienced elementary educator with over 25 years of classroom experience, committed to fostering a nurturing and
engaging learning environment. Certified in the state of Florida to teach Grades 1-5, with a proven track record of supporting
student achievement and building strong partnerships with families and colleagues.
Education
City College of New York— New York, NY
Bachelor's Degree in Education I Graduated 1974
Certification
Florida Department of Education
Certified to Teach Grades 1-5
Professional Experience
Lehrman Community Day School — Miami Beach, FL
Elementary Classroom Teacher 1 2005-2020
• Delivered instruction in various elementary grade levels, fostering academic and social -emotional growth
• Developed and implemented differentiated lesson plans aligned with state and school standards
• Maintained strong communication with parents and collaborated with colleagues to support student success
• Created a positive, inclusive, and engaging classroom environment
Oak Grove Elementary School— Miami, FL
Elementary Classroom Teacher 1 1995-2004
• Planned and delivered daily instruction across core subjects for diverse student Populations
• Employed eRective classroom management[echniques to maintain a structured learning environment
• Integrated creative learning strategies and hands-on activities to promote student engagement
Holmes Elementary School — Miami, FL
Elementary Classroom Teacher 1 1991-1994
• Designed and implemented lesson plans that met the needs of individual learners
• Created a supportive classroom culture that encouraged curiosity and collaboration
• Utilitedformative assessments to guide instruction and monitor student progress
Skills
• Classroom Management
•
Lesson Planning& Curriculum Development
•
Differentiated Instruction
•
Parent-Teacher Communication
•
Student -Centered Learning
•
Team Collaboration
Dmusign Envelope ID: 21
Dppusign Emebpe ID: ME3I"I-D13BJOBF43143E830CCUK
RESOLUTION NO. 2024-33016
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE
RECOMMENDATION OF THE FINANCE AND ECONOMIC RESILIENCY
COMMITTEE AT ITS MARCH 22, 2024 MEETING TO PRIORITIZE
$189,252 IN EDUCATIONAL ENHANCEMENTS FOR PRIVATE AND
CHARTER SCHOOLS DURING THE FY 2025 BUDGET PROCESS AND
ON A RECURRING BASIS THEREAFTER FOR THE SEVEN PRIVATE
AND CHARTER SCHOOLS CURRENTLY ACTIVE ON THE QUALITY
EDUCATION COMMITTEE; FURTHER PRIORITIZING $393,163 AS A
ONE-TIME ENHANCEMENT FOR FY 2025 FOR THE SEVEN PRIVATE
AND CHARTER SCHOOLS CURRENTLY ACTIVE ON THE QUALITY
EDUCATION COMMITTEE; AND FURTHER AUTHORIZING THE CITY
CLERK AND CITY MANAGER OR HISIHER DESIGNEE TO EXECUTE
ALL AGREEMENTS OR DOCUMENTS NECESSARY TO SUPPORT THE
EDUCATIONAL ENHANCEMENTS CONTEMPLATED UNDER THIS
RESOLUTION.
WHEREAS, in January 2008, the City of Miami Beach entered into an Education
Compact with the 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 support excellence in the City's public schools and enhance the health and
well- being of our City's youth; and
WHEREAS, the City of Miami Beach's advisory Committee for Quality Education
in Miami Beach Schools was established in 1999 to make recommendations to the City
Commission and to Investigate, develop, and carry out plans to promote and ensure the
provision of quality education in Miami Beach schools; and
WHEREAS, the City of Miami Beach through the Office of Education and
Performance Initiatives provides programming to students enrolled in six local Miami -
Dade County Public Schools: Biscayne Beach Elementary, North Beach Elementary,
Miami Beach Fienberg Fisher K-8 Center, Miami Beach Nautilus Middle, Miami Beach
South Pointe Elementary, and Miami Beach Sr. High; and
WHEREAS, Ordinance 2023-4540, codified in Sections 2-190.134 through 2-
190.138 of the City Code, was recently expanded to include twenty-six (26) voting
members, including eleven private/charter Miami Beach schools who have inquired about
existing City funded educational enhancements; and
WHEREAS, existing City funded educational enhancements include the purchase
of Agenda Planners, STEM Equipment, STEAM+ Programming, College Prep
Programming, Dual Enrollment, College Transcripts, Mental Health, Stop the Bleed Kits,
Docu gn Envelope 10211 E6CD"83B-4519-AA61-AF97623B9F57
D sgn EnvsbpsID. ABE814A1-D439198F-9316ME884CCE75C
Math Tutoring, Reading Interventionist, Math Interventionist, IB Program, Anti -
Defamation Leage "No Place for Hate", Drug Prevention, Extra -Curricular FREE
Afterschool Enrichment, Common Threads, Youth Job Fair, Substitute Teacher, and
Virtual Tours; and
WHEREAS,. the additional privatetcharter schools included in the Ordinance
include: Casa Del Bambini, Klurnan Mesivta, Le Petite Papillon Montessori, Lehrman
Community Day School Inc, Meter Beach Academy, Machine of South Florida (the
Mestvta of Greater Miami), Montessod Academy at St Johns, Rabbi Alexander Gross
High School & Hebrew Academy, St. Patrick Catholic School, Temple Beth Sholom
Innovative School, and Yeshiva Elementary School; and
WHEREAS, this item was referred for a discussion at the Finance and Economic
Resiliency Committee by Commissioner Rosen Gonzalez at the July 26, 2023
Commission Meeting, to discuss funding for educational enhancements; and
WHEREAS, the item was presented at the February 23, 2024 Finance and
Economic Resiliency Committee meeting and returned to the March 22, 2024 meeting
with additional information from the privatelcharter schools who have active Quality
Education Committee (QEC) members regarding their Interest in existing educational
enhancement programs developed, implemented, funded and managed by the City's
Education and Performance Initiatives Division; and
WHEREAS, the City of Miami Beach Chief Education officer met with
private/charter Miami Beach schools between February 29, 2024 and March 6, 2024 to
discuss current educational enhancements available to youth in Miami Beach through
various partnerships, including the public schools. Following each meeting, individual
school Quality Education Committee representatives provided a ranking of current
educational enhancements of Interest for their school; and
WHEREAS, according to school administration -provided enrollment information,
there are currently 2,612 youth from early childhood to grade 12 attending seven (7)
privatelcharter schools in Miami Beach of which 54% (1,419) are Miami Beach residents;
and
WHEREAS, currently, there are 6,148 Miami Beach K-12 youth attending public
schools across Miami -Dade County. As of March 2024, 4,839 or 78.7% are attending
public schools in Miami Beach; and
WHEREAS, an estimated $908,508 is allocated annually to various city funded
and implemented educational enhancements; and
WHEREAS, at the March 19, 2024 meeting, a 15-0 motion was passed
unanimously by the Committee for Quality Education members for to request the Mayor
and Commission continue to sustain current public school educational enhancements and
support the newly prioritized educational enhancements for the private and charter
Doousgn Envelope ID: 211EGCD8-883e-0.519-MC AF97623e9F57
Oocusgn Envelope 10: A6E9101-009AXIF431843E886CCE75C
schools. The amount reflected for the private and charter schools is estimated "baged
upon current public school enhancement programs and may not be reflective of actual
funding needs. The public, charter and private school representatives are united and
committed to all Improvements and enhancements for the educational needs of all Miami
Beach children. These enhancements should only be an expansion and never reduction of currently funded public school enhancement programs; and
WHEREAS,Vioe-Mayor Rosen Gonzalez motioned at the March 22,2024-Finance .'.
and Economic Resiliency Committee to discuss this Item at the upcoming "Commission
meeting, with a second from Commissioner Bhatt, and favorable recommendation of "
making this a priority during the FY 2025 budget process for $189,252 on a. recurring
basis and $393,163 as a one-time enhancement for the seven (7) privatetcharter schools
with active membership on the Quality Education Committee; and
WHEREAS, the Administration also recommends that any now program be
considered as part of the FY 2025 budget process; and -
WHEREAS, additionally, implementation of any combination of the requested "
"educational enhancements at privatatcharter schools will require" an - educational "
specialist position to develop, implement; and manage all programs for: each Individual "
private and charter school. Funds for this position may partially come from allocated "
administrative funds. for other educational programs currently underway:
:NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
.Commission hereby accept the recommendation of the Finance and Economic Resiliency
Committee at Its March 22, 2024 meeting to prioritize. $189,252 in "educational
enhancements for private and charter schools during the FY 2025 budget process and
on.a recurring basis thereafter for the seven private and charter schools currently active
on the Quality Education Committee; and further prioritize $393,163 as a. one-time.
enhancement for the seven privateand charter schools currently active, ontheQuality.
- Education Committee; and further authorize the City Clerk and City'Manager-or histher
designee to execute all agreements or documents necessary to support the educational
- enhancements contemplated under this resolution.
PASSED AND ADOPTED this f day of /4 2024.
ATTEST:. ,., / MAY Z"1 2024
dRJqMA wt
RAFAEL E. NADO, CITY CLERK
Sponsored by Commissioner Kristen Rosen Gonzalez
CoSponaored by Commissioner David Suarez
._ 008ponsored by Commissioner Joseph Magazine
STEVEN MEINER,-MAYOR
eEy,ry
"
APPROVED. AS TO_-
FORM & LANGUAGE
r 1
8FOR EkECUTION
1/t 11X(OAP OAA1E01
�y�-y : "
Cilyl Aftm bete
3
Doousgn Envelope ID: 2llE6CD6.883B-4519-AA41-AF97623B9F57
Wousign Envelope ID: ABE814A1-OC¢9406F-93m-33E884CCE75C
beef 7.11 AM Item Coversheet
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Ricketts Williams, Interim City Manager
DATE: May 15,2024
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, ACCEPTING THE RECOMMENDATION OF THE FINANCE AND ECONOMIC
RESILIENCY COMMITTEE AT ITS MARCH 22, 2024 MEETING TO PRIORITIZE $189.262 IN
EDUCATIONAL ENHANCEMENTS FOR PRIVATE AND CHARTER SCHOOLS DURING THE FY
2026 BUDGET PROCESS AND ON A RECURRING BASIS THEREAFTER FOR THE SEVEN
PRIVATE AND CHARTER SCHOOLS CURRENTLY ACTIVE ON THE QUALITY EDUCATION
COMMITTEE; FURTHER PRIORITIZING $393,163 AS A ONE-TIME ENHANCEMENT FOR FY
2025 FOR THE SEVEN PRIVATE AND CHARTER SCHOOLS CURRENTLY ACTIVE ON THE
QUALITY EDUCATION COMMITTEE; AND FURTHER AUTHORIZING THE CITY CLERK AND
CITY MANAGER OR HIS/HER DESIGNEE TO EXECUTE ALL AGREEMENTS OR DOCUMENTS
NECESSARY TO SUPPORT THE EDUCATIONAL ENHANCEMENTS CONTEMPLATED UNDER
THIS RESOLUTION.
RECOMMENDATION
Vice -Mayor Rosen Gonzalez motioned at the March 22, 2024 Finance and Economic Resiliency Committee to discuss this Item at
the upcoming Commission meeting with a favorable recommendation of making this a priority during the FY 2025 budge[ process
for $189,252 on a mounting basis and S393,163 as a one-time enhancement for the seven (7) private/charter schools with active
membership on the Quality Education Committee. Commissioner Shot seconded with all In favor. The adminlsoation also
recommends that any new program be considered as part of the FY 2025 budget process. Additionally implementation of any
combination of the requested educatlonal enhancements at private/charter schoolswill require an educational specialist position w
develop, implement, and manage all programs for each individual private and charter school. Funds for this position may partially
coma from allocated administrative funds for other educational programs currently, underway.
This item was Warted for a discussion at tit Finance and Economic Resiffency Committee by Commissioner Rosen Gonmlez at the July 26,
2023 Commimb MCNirg (attachmeM A), b dN funding fa edu l eMamemanM. The item was presented at tns February 23,
2024 Finance and Economic Resitienry Committee meeting add returned to the Match N. M24 meeting with additional information from the
privatelcnwlar schools who have active Quality Education Committee (GEC) members regandng their 'Inlemat in existing educational
enhancement programs developed, implemented, funded and managed by the Citys Education and Performance Initiath s Division.
The City of Miami Beach's advisory Committee for Quality Education in Miami Beach Schools was established in 1999 0 make
reammandetana to the City Commission and to Investigate, develop. ono carry M plena to dramatic am encore the prevhlon of
quality education In Miami Beach schools. .
The Ordinance 2023 540, codified in Sections 2-190.134 through 2-190.136 of the City Code, was recently expanded to include
Monty -six (26) voting members, including eleven privaletcharter Miami Beach schools who have inquired about exiating City
funded educational enhancements (aliachmenl 8). The exislblg City funded educational enhancements are provided in
the document entitled Educational Enhancement Options (atlachment C).
Additional privatetcharter schools Included in the Ordinance:
• Casa Doi Bambini
• I(jumran Medina
• Le Petite Papillon Montessori
Lehfmon Community Day School Inc
• Meter Beach Academy
Mechim of South Florets one Mesivta of Greater Miami)
Montessom Academy at SL Johns
Rabbi Alexander Gross High School 8 Hebrew Academy Miami
St. Patrick Catholic School
• Temple Bath Sholom Innovative School
Yeshiva Elementary School 445
Mips:l/M iW.h.nwusap.M..MMAOendaWeblCo Mhmt.aspOMmlD=3462S in
Docusign Envelope ID: 211E6CD8-883B4519-AA41-AF9762389F57
Oxuaign Envelope 10: A6E814A1-D439�OaF-931&33Ee84CCE]SC Yq" i:1rPM INm Covenheet
ABALYBGS
Dr. Leslle Rosenfeld met with privatelcharter, Miami Beach schools between February 29, 2024 and March B, 2024 W discuss
current educational enhancements available to youth in Miami Beach through various partnerships, including the public schools.
Following each meeting, individual school Quality Education Committee representatives provided a ranking of Curtent educational
enhancements of intemal W their school community which is attached in the document entitled Private/Charter Educational
Enhancement Programs of Interest (attachment 0). School she administration Provided school enrollment numbers as well.
There are currently 2,612 youth from early childhood to grade 12 attending seven (7) pr'riete/cherair schools In Miami Beach of
which 64%(1,419) am Miami Beach residents.
Currently, them am 6,148 Miami Beach KA2 youth attending public schools across Miami -Dade County. As of March 2024, 4.839
or 76.7% are attending public schools in Miami Beach. The City of Miami Beach districtwide attached map rellects public school
enrollment of Miami Beach youth residents across the Miami Dade County Public Schools (attachment E). Below is a listing of
Miami Beach public schools and the pe cent attending Nat am Miami Beach residents per the map received from the public school
district on March 13. 2024:
1. Miami Beach Sr. High 71%
2. Miami Beach Nautilus Middle School 81%
3. Miami Beach Fienbi g Fisher K-8 96%
4. Miami Beach South Pointe Elementary 95%
5. North Beach Elementary 93%
6. Biscayne Beach Elementary 91 %
An estimated $908,508 is allocated annually to various city funded and implemented educational enhancements with the
breakdown by school available on the MB Public School Enhancement Distribution chart (attachment F).
At the March 19, 2024 meeting, a motion was passed unanimously by Committee for Quality Education members regarding
educational enhancement (attachment G):
Matte by Farm Liban
Second by Chana R. Eisner
The Committee for Quagry, Education would like to request lie Mayor and Commission continue W sustain anent public school
educational enhancements and support the newly prioritized educational enhancements for the private and charter schools. The
amount re0ected for the private and charter schools is estimated based upon current public school enhancement programs and
may not be reflective of actual funding needs. The Public, charter and private school represemadvas are united and committed to
all improvements and enhancements for the educational needs of all Miami Beach children. These enhancements should only be
an expansion and never a reduction of currently funded public school enhancement programs. The Committee for Quality
Education urges the Mayor and Commiesion to support the above request.
Motion Passage: Voles 15-0
49%of residents went satisfied or very satisfied with public schools in Miami beach.
FY 2025 $582,415
FY 2026 $189, 252 recumng
CONCLUSION
Was this Agenda Item initially requested by a lobbyist which, as defined In Code Sec, 2481, Includes a principal engaged in
lobbying? No
If so. specify name of lobbyists) and principals). NIA
ARpluabJe Aga
Nor Applicable
ls this a "Residents Rlahi Daes Nu "tam ut'1}e O D
KnoW'Ifem.nurauanttR Bond Funds?
I:llYShcpe 6action 2J4?
No No
5 gic Connection
Prosperity - Be known for (K-12) educational excellence.
Legislative Tracking
Education and Performance Initiatives -
446
bnps:Ilmiamibeach.novusagenda,w /AgendaWeblCov het,mpx?IIem10=34a25
V3
Docusign Envelope ID'. 211EKD&MB3 519-AA41-AF97623BW5]
Docusgn Envelope ID: ME614A1-Da394MF-931&33E964CCE75C
51 n4. 9:17MA Item Cp ftt
Sllansef
Commiesl0nx NMbe RMen Oanxalei
ATTACHUMM
Daeerlptlan
a Atasmenl A. Cammiss'on Refeml
0 Auchmente-Ordinance
0 Attachment C- EdanImal Enhancement Cpt=
D Attachment O - Private ChaMf Enhancement Propmms of Interest
0 Attachment E -MDCPS MS Pubfc School Enrollment
0 AttachmenlF - Ma NbIle School Enhancement Distdbulion
"%
htlps:llmiamibea&nomwa nda.mmlAgendaWeblCo"e hat,aspx?llemID-3W5 313
Docusign Envelope ID 211E6CD&88384519 AA I-AF91623B9F57
Docusign Envelope ID. AIIE814A1-093 WF4131&331:aS000E75C
ATTACHMENT A
Commission Referral Committee Assignment, - C4 A
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Memoers of Me City Commission
FROM: Commissioner Kristen Rosen Gonzalez
DATE: July 26, 2023
SUBJECT: REFERRAL TO FINANCE AND ECONOMIC RESILIENCY COMMITTEE ON JULY 28. 2023 TO
DISCUSS FUNDING FOR EDUCATIONAL ENHANCEMENTS.
SUPPORTING SU
NIA
TSD
Anolkat
Citywide
Isthiaa"RaslderHs Rlah}lo Does this item utlilze
Know" Item, UMV121to aarra Fur d37
C8y coda 5etllon 2-14i
Yes No
stoic DenneFunm
Prosperity - Be known for (K42) educational excellence
Lail Tracking
Commissioner Kristen Rosen Gonzalez
448
DowsiBn Envelope ID: 211EBCD8A83B4519-AA41-AF97623139W
Dowsl9n Emebpe 10: ASEB14A1-0439406F-9318.33ES MCCE)5C
ATTACHMENT
Ordinance No. 20234540
ORDINANCE NO. 2023-4540
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE MIAMI BEACH
CITY CODE, ENTITLED "ADMINISTRATION," BY AMENDING ARTICLE III,
ENTITLED "AGENCIES, BOARDS AND COMMITTEES," BY AMENDING
DIVISION 30, ENTITLED "COMMITTEE FOR QUALITY EDUCATION IN MIAMI
BEACH SCHOOLS," BY AMENDING SECTIONS 2-190.135-2-190.137
THEREOF TO EXPAND THE COMPOSITION OF THE COMMITTEE INCLUDE
REPRESENTATIVES FROM PRIVATE AND CHARTER K-12 SCHOOLS IN
MIAMI BEACH TO BETTER SERVE INTERESTS OF ALL STUDENTS IN THE
CITY, AND, PROVIDING FOR REPEALER SEVERABILITY, CODIFICATION,
AND AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach's advisory Committee For Quality Education In
Miami Beach Schools was established in 1999 to make recommendations to the city
commission and to investigate, develop, and carry out plans to promote and ensure the
provision of quality education In Miami Beach public schools: and
WHEREAS, the Ordinance, codified in Sections 2-190.134 through 2-190.138 of CiVs
Code of Laws and Ordinances ('City Code`), requires for the Committee to be composed of
fifteen (15) voting members and three nonvoting ex-olficio members: and
WHEREAS, the Mayor and City Commission determined that it Is in the best interest of
the City to amend the composition of the Committee to include representatives from all K
through 12 schools in the City of Miami Beach, including private and charter schools, to better
serve the interests of all Students in the City.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CRY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. Sections 2-190.135-2.19D-137 of DNision 18. of Article III, of Chapter 2 of the City
Cade, entitled "Administration;' is hereby amended as follows:
CHAPTER
ADMINISTRATION
ARTICLE 111. AGENCIES, BOARDS AND COMMITTEES
DIVISION 30. COMMITTEE FOR QUALITY EDUCATION IN MIAMI BEACH SCHOOLS
Sec. 2-190.134. Established.
There is hereby established the Committee for Quality Education in Miami Beach Schools
whosepurposes, power and duties, composition, membersbip.qualiBcat)onS, and general_ .
goveming regulations are as follows.
449
Dowsign Envelops ID: 211E(iCD"M6 519-A I-AF97623BIIF57
oac.gn Emrbps ID: A6E81M1-DO94p6F-931a E861CCE75C
Sec. 2-190.135. Purpose.
The committee's purpose is to guide the city's efforts toward providing the best education
possible in Miami Beach pubWe K through 12e grade schools.
Sec. 2-190.136. Powers and duties.
The committee is vested with the power and authority to make recommendations to the city
commission and to investigate, develop, and carry out plans to promote and ensure the
provision of quality education in Miami Beach pubke K through 1211' grade schools.
Sec. 2-190.137. Composition; knowledge and experience.
The committee shall consist of 45 twentynabs seven (26:) voting members and three
nonvoting ex offiefo members to be comprised as follows:
(1) A representative selected by the Parent Teacher Association of North Beach
Elementary.
(2) A representative selected by the Parent Teacher Association of Biscayne Beach
Elementary.
(3) A representative selected by the Parent Teacher Association of Miami Beach
Feinberg -Fisher K=8 Elementary.
(4) A representative selected by the Parent Teacher Association of Miami Beach
South Pointe Elementary.
(5) A representative selected by the Parent Teacher Association of Miami Beach
Nautilus Middle School.
(6) A representative selected by the Parent Teacher Association of Miami Beach High
School.
(7) A representative selected by the Parent Teacher Association of Ruth K. Broad
Elementary School.
(6) A representative selected by the Parent Teacher Association of Treasure Island
Elementary School.
(9) A representative selected by the Parent Teacher Association or an equivalent
Parental oroanization of Rabbi Alexander Gross High School & Hebrew Academy.
(10)A repmentafive selected by the Parent Teacher Association or an equivalent
Parental omanbation of Yeshlva Elementary School.
(11)A representative selected by the Parent Teacher Association or an egulvalent
parental omanizadon of St. Patrick Catholic School.
(12)A representative selected by the Parent Teacher Association or an equivalent
Parental oroanaation of Case Dei Bambini.
(13)A representative selected by the Parent Teacher Association or an eguivale t
parental organization of Lehman Community Day School Inc.
(14)A representative selected by the Parent Teacher Association or an ecuivalent
parentalonian¢atibn
.
450
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D.Wr Envelope ID: A8Ea1O1.D439408F-931"EWCCE15C
(15)A representative selected by the Parent Teacher Association. or an equivalent
parental omanization of Temple Beth Sholom Innovation School.
(16)A representative selected by the Parent Teacher Association or an equivalent
parental organization of Meter Beach Academy.
(17)A representative selected by the Parent Teacher Assoi or an equivalent
parental organization of Montessori Academy at St. Johns.
(1S)A representative selected by the Parent Teacher Association or an equivalent
parental organization of Le Petite Papillon Montessori.
(19)A representative selected by the Parent Teacher Association or an equivalent
parental organization of Machin of South Florida (the Mesivta of Greater Miami).
(9) LM Seven members of the public with knowledge or expertise with regard to
education issues who shall be direct appointments by the mayor and each city
commissioner with no more than three who can be employed or contracted by
Miami -Dade County public schools.
commission shall designate two of its members to serve as city commission liaisons who shall
report to the city commission actions of the committee for quality education; the city manager
shall further designate a member of city staff to serve as a liaison who shall report the
committee's actions to the city manager.
Sec. 2-190.138. Supporting department
The supporting department shall be the office of the city manager.
It is the Intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this ordinance shall become and be made part of the
Miami Beach City Code. The sections of this ordinance may be renumbered or releltered to
accomplish such intention, and the word "ordinance" may be changed to "section," "article." or
other appropriate word.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 4. SEVERABUTY
If any section, subsection, clause or provision of this Ordinanceishold invalid, the
remainder shall not be affected by such invalidity.
451
Dmuslgn Envelope ID: 211 E6CD&063B4519-AA41-AF97623B9F57
D sigm Emel ID: ABE914A1-D439A06F-931B43EB64CCE15C
SECTIONS. EFFECTIVE DATE.
This Ordinance shall take effect on the q day of %filth . 2023.
PASSED AND ADOPTED this ;-I day of fltww4,20 .
ATTEST:
�g FBDan Gelber. Mayor
2 8 2023
Rafael E. Granado, City Clerk
(Sponsored by Commissioner Kristen Rosen Gonzalez)
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
�MAMmry ,v p4y
452
Doousign Envelope ID: 211E6CD"83B4519-AA41-AF97623B9F57
Dowel9n Envelope ID: ABE814A1-043 F-9318a3E884CCEM
MIAMI BEACH
Ortlinances - R"
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Rafael A. Paz, City Attorney
DATE: Febuary 22, 2023
10:35 a.m. Second Reading Public Hearing
SUBJECT. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE MIAMI
BEACH CITY CODE, ENTITLED "ADMINISTRATION," BY AMENDING
ARTICLE IN, ENTITLED "AGENCIES, BOARDS AND COMMITTEES.- BY
AMENDING DIVISION 30, ENTITLED "COMMITTEE FOR QUALITY
EDUCATION IN MIAMI BEACH SCHOOLS," BY AMENDING SECTIONS 2-
190.135-2-190.137 THEREOF TO EXPAND THE COMPOSITION OF THE
COMMITTEE INCLUDE REPRESENTATIVES FROM PRIVATE AND
CHARTER K-12 SCHOOLS IN MIAMI BEACH TO BETTER SERVE
INTERESTS OF ALL STUDENTS IN THE CITY, AND, PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
ANALYSIS
Pursuant to the request of Commissioner Kristen Rosen Gonmlez, the above -referenced Ordinance
is submitted for consideration by the Maya and City Commission at the February 1, 2023
Commission meeting.
The Ordinance will be submitted via Supplemental Agenda.
SUPPORTING SURVEY DATA
NIA
FINANCIAL INFORMATION
NIA
Is this a "Residents RipM Does th's item W'lize G O
to Know" Hem pursuant to Bond Funtil?
City Code Seollon V4?
No No
l,ggislaitve Traokinp
Office of the CityAttomey
4, oonsor
453
Page 433 of 1109
Docmgn Envelope ID: 211 EK08-88384519-A l-AF97623B9F57
Oacvsign Envelope io: ABE814A1.D439 FA31840E894CCEMC
Commissioner Kristen Rosen Gonzalez
ATTACHMENTS:
Description
o Commission Memorandum
o Ordinance
454
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D egn Envelope ID: A9E91W-DC39496FB31633E6 CCE75C
MIANA.IBEACH
OFFICE or THE cm AYTORNEY
RAFAEE A. PAZ, CRY AITORPM
COMMISSION MEMORANDUM
TO: Mayor Dan Gelber and Members of the City Commission
Alina T. Hudak, City Manager
FROM: Rafael A Paz, City Attorney
V SECOND READING
DATE: February 22. 2023
SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE
MIAMI BEACH CITY CODE, ENTITLED "ADMINISTRATION,' BY
AMENDING ARTICLE III, ENTITLED "AGENCIES, 130ARDS AND
COMMITTEES," BY AMENDING DIVISION 30, ENTITLED "COMMITTEE
FOR QUALITY EDUCATION IN MIAMI BEACH SCHOOLS," BY
AMENDING SECTIONS 2-19DA35-2490.137 THEREOF. TO EXPAND
THE COMPOSITION OF THE COMMITTEE INCLUDE
REPRESENTATIVES FROM PRIVATE AND CHARTER K-12 SCHOOLS
IN MIAMI BEACH TO BETTER SERVE INTERESTS OF ALL STUDENTS
IN THE CITY; AND, PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION, AND AN EFFECTIVE DATE.
The attached Ordinance was prepared at the request of Commissioner Kristen Rosen
Gonzalez. The Mayor and City Commission approved the Ordinance on first reading at
the February 1, 2023 City Commission meeting. No changes have been made between
First and Second Reading. A Summary of the proposed Ordinance is set forth below.
The City of Miami Beach's advisory Committee For Quality Education In Miami Beach
Schools was established in 1999 to make recommendations to the City Commission and
to investigate, develop, and carry out plans to promote and ensure the provision of quality
education in Miami Beach public schools.
The Ordinance, codified in Sections 2-190, 134 through 2-190.138 of City's Code of Laws
and Ordinances CCity Code', requires for the Committee to be composed of fifteen (15)
voting members and three nonvoting ex-officio members.
The proposed Ordinance would amend the composition of the Committee to include
representatives from all K through 12 schools in the City of Miami Beach, including private
and charter schools, to better serve the interests of all atrglents in the City, for a total
number of 27 members.
RAPIFA/ag
455
Page 435 of 1109
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Docusign Envelope ID: A6EB1aA1-Da38igBF-931633EeBICCETSC
ATTACHMENT C
Educational Enhancement Options
STEM Fgdpmesg $45,03 per School AA FundsSelencojechnology,Eigineerng,ard
. Mathematics (STEM) supplies and equipment
kduus Stlerce; Technology Engineering, Aile,
.
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aid Mathema(Its (STEAM) III shod day,
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PS
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during the school year
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Transcripts
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16
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In C'ty-funded
Dud Enrollment
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I�mptfeememnasl-A Worldof Dgtrkaireninnceg 'Mtl-Bias
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and Dhrerdty Trainlngeaminga"NOPlacebr
Placefor Hate'
",desatlon'---"—' ---'-- -
Proaides drug lo.mlan end lnbrvemion
Drug Prevention
TBD
All
Informational sessions for parents/guardiens of
Miami Beach teens
( Funds STEAM (Science, Technology. Engineering
Eabri-Curthmlar Frae ASE
I$30,o0) per School
Eemenary
Art. and Mathematiis)diven activigns(a
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Varles by program inform
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offers with and families hands-on coeMing and
coordinated by Parks
nutrltionprograms_ _
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An anent hosted at the school site Nat brings
Youth Job Fair
$Sooperschool/fair
M
local employers to the High School to support
with employment
.
Reimburses residents the cost to become a
Substhute Teacher
$3S0 per Sub Tcarherl CW parking All
quall6etl substitute teacher and provides free
citywide parking
Provides access to a Wrtuai bur of the school
Virtual Tours _
$3,BB3 per SSAom
campus in Miami Beach, highlighting programs
Ev-
Doousgn Envelope ID: 211E6 D8.883B4519-M41-AF9762389F57
Docusgn Envelope ID: A6E814A1-D43MO6F-9318-33E884CCE75C
ATTACHMENT D
Private/Charter Educational Enhancements Programs of Interest
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Governmental
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Affairs
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(Charter and Traditional Public Schools)
458
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Docusgn Emalnpe ID: ME814A1-04n.406F-9318 33E884CCE75C
ATTACHMENT
Miami Beach Public School Enhancement Distribution
kilend, plannion,
1,733
ll 3,024
$E40011,400
$ 129
S 2,812
AEAM+program
62,0W
62AW
62,000
College Prep PFOgrom (Method
uearnirw
12,500
Dual Enrollment (FIU, M00, U
93,432
Transcripts
10,000
Mental Health
11400
22,900
2
fi0000
Math Tutoring
7,500
7,500
Reading Interventionists
10,000
30,0W
IDIOM
Math Interventionists
10,000
10,000
International aaralaureate
3,333
3333
9,333
1,333d1385",835
8,333
Anti -Defamation league -"No platy
Far Hate"
1,250
1,250
1,250
1,250
1,250
Drug Prevention program
6,0Df1
FREE Aftersdlool EndchmentP m
000
40,DW33,600
Youth lob Fair
1,000
Substitute Teachers
933
833
833
933
an
Recurring annual
'$ 125,549
$ 108,240
$ 94855
$ 135269
$ 308,160
School Total I $ 134,712 1 $ 133,897 $ 121,852 $ 255,522 1 $ 174,012 $ 415,593
All schools excluding lydastructure S 1,236,578
One time expenditures 328,D70
Recurring annually $ 908,508
459
Docusign Envelope ID-. 211E6CD&W3B4519-AA41-AF97623B9F51
D usign Envelope ID'A6E614A1-D439-006F-931&33E664CGE7K
Oocuftn Enell 10: 0342a5EiEf3gdpC&99E0-0GB8900C65B ATTACHMENT
LTC 097-2024
Committee for Quality Education Motion
MIAMIBEACH
Ol OF THE CITY CLERK
NO. LTC 4 LETTER TO COMMISSION
097.2024
TO: Honorable Mayor Steven Meiner and Members of the City Commission
FROM: Ralael E. Granado, City Clerk 7Li
DATE: March 19, 2024 j
SUBJECT: Committee for Quall Education Motion
The Committee for quality, Education would [We you to be aware of the following motion regarding
educalional enhancements, aFPmved at the March 19, 2024, committee meeting.
C: Executive Staff
Dr. Leslie Rosenfeld, Chief Edul Officer
Attachment
��+JGDGAAR
l�
460
Dacusign Envelope ID:211E&CD"83Bd519-AA41-AF9➢623B9F5]
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noo Gign EmN ID. t1392%ElEFJ94A[b99Ea8L4%90nG88e
City of Miami Beach
Committee for Quality Education
Meeting of March 19, 2024
Members Present: Danielle Cohen, Laurie Kaye Davis, Brittany Few, Seth Guttenberg, Beverly
Heller, Mary Keinath, Fain Liban, James Oriowsky, Christine PeninStocco, Jonathan
Rothman, Chana R. Eisner, Beth Edwards, Karen Fryd, Devorah Zeiger, Amy Ostroff and
Jacquetynn Powers
City of Miami Beach Liaison: Dr Leslie Rosenfeld
Commissioner David Suarez
Members Absent: Rine Bass, Evie Fernandez, and Manlia Kamil
Motion
Made by Fain Liban
Second by Chana R. Eisner
The Committee for Quality Education would like to request the Mayor and Commission continue
to sustain current public school educational enhancements and support the newly prioritized
educational enhancements for the private and charter schools. The amount reflected for the
private and charter schools Is estimated based upon cument public school enhancement
programs and may not be reflective of actual funding needs. The public, charter and private
school representatives are united and committed to all Improvements and enhancements for the
educational needs of all Miami Beach children. These enhancements should only be an
expansion and never a reduction of currently funded public school enhancement programs.
The Committee for Quality Education urges the Mayor and Commission to support the above
request.
Motion Passage: Votes 15-0
Absent for Vote: Jonathan Rothman
461
Dowsign Envelope ID: A4EC3598-A60F4F65-"12-95BBB0F044CC
MIAMIBEACH
N/A Independent Contractor Agreement —Franco all (Travel Soccer Programming)
Franco Portuzzi Parks and Recreation
John Rebar, ,°-'� Mark Tarts,
Document Type (Select One)
Typal- ni amendment, change order, at task order resulting from a procurement -Issued competitive solicitation.
Type 2-Any other contract, amendment, change order, or disk order that does not result from a procurement -Issued competitive sc iidtation.
x
Type 3- Independent Contractor Agreement(ICAI
Tyll Tenant Agreement
Typed GmntagreemenUw tithe Cltyasthemclplent
Fill Inter-governmentalagencyagreement
Types - Grant agreementswith the City as the grantor
Type8 0ther:
This is an Independent Contractor Agreement (ICA) between Franco Pertuzzi and the City of Miami Beach for travel soccer instruction.
The term of the agreement is 12 months (October 1, 2025 through September 30, 2026). The City agrees to pay the Contractor a total
fee not to exceed $3,600 as a head soccer coach. Commission approved resolution V H budget at the September 13, 2023 meeting,
which provided recurring funding to convert the current travel soccer coach to a City Contractor based on resolution 12023-32581.
Contractors have been in travel soccer coach position in previous years and were interviewed by the Director of Coaches. The
Contractor has passed their background check with the Human Resources Department.
O,i,in.1 Term Renewal Periods Total Term s October 1, 2025 — September 30, 2026 Ill 12 Months
Grant Funded: yes No State W9 Federal Other
Year Annual Cost Account Require Enhancement
1 $3,600 Olt-0950-000312-28- 565-0090.00 Yes x No
2 Yes
No
3 Yes
No
4 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 the current Ell year only. Future Wan are subject to City Commission approval of the annual
adopted operating budget.
City Commission Approved: yes No Resolution No.: CC Agenda Item No.: CC Meeting Date.
If no, explain why CC approval is not required:
Lei Form Approved: x I yes No I N no, explain below why form approval is not necessary:
procurement:
N/A
Grants:
N/A
Budget:
l'�dl°Slued
Information Technology:
N/A
Risk Management:
N/A
Fleet&Facilities:
N/A
Human Resources:
IAA• Mp
Other:
N/A
Do sign Envelope ID: MEC359&MOF4FH A412-95BBBOFO4 CC
INDEPENDENT CONTRACTOR AGREEMENT
This Agreement is entered into on this 24 day of November , 2025 between Franco
Pertuul ("Contractor), and the City of Miami Beach, Florida (the "City"), fora period of 12 months
with an effective starting date of October 1, 2025, and an end date of September 30, 2026. (the
'Term').
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 City
shall not control nor have the right to control the hours of the Services performed by the Contractor;
where the Services are performed (although the City will provide Contractor with the appropriate
location to perform the Services); when the Services are performed (including how many days a
week the services are performed); how the Services are performed; or any other aspect of the
actual mannerand 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:
Alan Alberta
Athletic Manager
1701 Meridian Avenue, Suite 401
Ala na Iberta@Miamibeachfl. Gov
2. Fee
In consideration of the Services to be provided pursuant to this Agreement, the City agrees to pay
Contractor a fee, not to exceed the amount of $3,600.00 (the "Fee"), which shall be paid as
described in Exhibit "B" hereto.
The Contractorshall 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 shall remit payment
to the Contractor within 45 days of receiving an acceptable and approved invoice from the
Contractor for that portion (or those portions) of the Services satisfactorily rendered (and referred to
in the particular invoice).
3. Termination
This Agreement may be terminated by either party, with or without cause, by giving written notice to
the other party of such termination, which shall become effective upon fourteen (14) days following
receipt by the other party of the written termination notice. Notwithstanding the foregoing, in the
event of a public health, welfare or safety concern, as determined by the City Manager, in the City
Manager's sole discretion, the City Manager, pursuant to a verbal or written notification to
Contractor, may immediately suspend the Services under this Agreement for a time certain, or in
the alternative, terminate this Agreement on a given date. In the event of termination pursuant to
this section, the Contractor shall be paid a sum equal to all payments due to him/her up to the date
Dowsign Envelope ID: MEC359&A6OF4F65-A412-958BBOF044CC
of termination; provided Contractor is continuing to satisfactorily perform all Services up to the date
of termination. Thereafter, the City shall be fully discharged from any further liabilities, duties, and
terms arising out of, or by virtue of, this Agreement.
4. Indemnification/Hold Harmless
Contractor agrees to indemnify, defend, and hold harmless the City of Miami Beach and itsofficers,
employees and agents, from and against any and all actions, claims, liabilities, losses and
expenses including, but not limited to, attorney's fees, for personal economic or bodily injury,
wrongful death, loss of or damage to property, at law or in equity, which may arise or be alleged to
have arisen from the negligent acts or omissions or other wrongful conduct of Contractor, and/or
any and all subcontractors, employees, agents, or any other person or entity acting under
Contractor's control, in connection with the Contractor's performance of the services pursuant to
this Agreement. Contractor shall pay all such claims and losses and shall pay all costs and
judgments, which may arise from any lawsuitarising from such claims and losses, and shall pay all
costs and attorney's fees expended by the City in defense of such claims and losses, including
appeals.
The parties agree that one percent (1 %) of the total compensation to Contractor for performance of
the Services under this Agreement is the specific consideration from the City to Contractor for the
Contractor's agreement to indemnify and hold the City harmless, as provided herein. Contractor
and the City hereby agree and acknowledge that this indemnity provision is intended to and shall
survive the termination (or earlier expiration) of this Agreement.
5. Limitation of Liabill
The City desires to enter into this Agreement only if in so doing the City can place a limit on City's
liability for any cause of action for money damages due to an alleged breach by the City of this
Agreement, so that its liability for any such breach never exceeds the sum of the compensafion/fee
to be paid to Contractor pursuant to this Agreement, less any amounts actually paid by the City as
of the date of the alleged breach. Contractor hereby expresses his/her willingness to enter into this
Agreement with Contractor's recovery from the City for any damage action for breach of contract to
be limited to a maximum amount equal to the compensation/fee to be paid to Contractor pursuant to
this Agreement, less any amounts actually paid by the City as of the date of the alleged breach.
Accordingly, and notwithstanding any other tens or condition of 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 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 City's liability as set forth in Section 768.28. Florida Statutes.
6. Notices.
All notices and communications in writing required or permitted hereunder may be delivered
personally to the representatives of the Contractor and the City listed below or may be mailed by
U.S. Certified Mail, return receipt requested, postage prepaid, or by a nationally recognized
overnight delivery service.
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Until changed by notice in writing, all such notices and communications shall be addressed as
follows:
CONTRACTOR: Franco Pertuzzi
11502 NW 77 LN
Doral, FL 33178
(786)448-3137
CITY: John Reber
City of Miami Beach
Parks and Recreation Department
1701 Meridian Avenue, Suite 401
Miami Beach, FL 33139
(305)673-7000
Notice shall be deemed given on the date of an acknowledged receipt, and, in all other cases, on
the date of receipt or refusal.
7. Venue.
This Agreement shall be governed by, and construed in accordance with, the laws of the State of
Florida, both substantive and remedial, without regard to principles of conflict of laws. The
exclusive venue for any litigation arising out of this Agreement shall be Miami -Dade County, Florida,
if in state court, and the U.S. District Court, Southern District of Florida, if in federal court. BY
ENTERING INTO THIS AGREEMENT, CITY AND CONTRACTOR EXPRESSLY WAIVE ANY
RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION
RELATED TO, OR ARISING OUT OF, THIS AGREEMENT.
8. Duty of Care/Compliance with Applicable Laws/Conflict of Interest.
With respect to the performance of the Services contemplated herein, Contractor shall exercise
that degree of skill, care, efficiency and diligence normally exercised by reasonable persons
and/or recognized professionals with respect to the performance of comparable services.
In its performance of the Services, Contractor shall comply with all applicable laws, ordinances,
and regulations of the City, Miami -Dade County, the State of Florida, and the federal government.
Without limiting the foregoing, Contractor herein agrees to adhere to and be governed by all
applicable Miami -Dade County Conflict of Interest Ordinances and ethics provisions, as set forth in
the Miami -Dade County Code, and as may be amended from time to time; and by the City of
Miami Beach Charter and Code, as may be amended from time to time, both of which are
incorporated herein by referenced, as if fully set forth herein. Contractor shall comply with all
applicable state and federal laws and City policies and procedures 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.
Contractor covenants that it presently has no interest and shall not acquire any interest, direct or
indirectly which should conflict in any manner or degree with the performance of the Services.
Contractor further covenants that in the performance of Services under this Agreement, no person
having any such interest shall knowingly be employed by the Contractor. Notwithstanding the
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foregoing, Contractor shall be able to provide similar services to other third parties as long as they
do not conflict with the Services to be provided hereunder.
No 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 orfamily status.
Additionally, Conlractorshall comply with City of Miami Beach Human Rights Ordinance, codified
in Chapter 62 of the City Code, as may be amended from time to time, prohibiting discrimination in
employment (including independent contractors), housing, public accommodations, public
services, and in connection with its membership or policies because of actual or perceived race,
color, national origin, religion, sex, intersexuality, gender identity, sexual orientation, marital and
familial status, age, disability, ancestry, height, weight, hair texture and/or hairstyle, domestic
partner status, labor organization membership, familial situation, and political affiliafion =
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 forth,
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 required by the
City to perform the service. If the Contractor transfers all public records to the City
upon completion of the Agreement, the Contractor shall destroy any duplicate public
records that are exempt or confidential and exempt from public records disclosure
requirements. If the Contractor keeps and maintains public records upon completion
of the Agreement, the Contractor shall meet all applicable requirements for retaining
public records. All records stored electronically must be provided to the City, upon
request from the City's custodian of public records, in a formal that is compatible
with the information technology systems of the City.
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(D) REQUEST FOR RECORDS; NONCOMPLIANCE.
(1) A request to inspector 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. I19.10.
(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 services, the court shall assess and award against
the Contractor the reasonable costs of enforcement, including reasonable attorney's
fees, if:
(a) The court determines that the Contractor unlawfully refused to comply with the
public records request within a reasonable time; and
(b) At least eight (8) business days before filing the action, the plaintiff provided
written notice of the public records request, including a statement that the
Contractor has not complied with the request, to the City and to the Contractor.
(2) A notice complies with subparagraph (1)(b) if it is sent to the City's custodian of
public records and to the Contractor at the Contractor's address listed on its contract
with the City or to the Contractor's registered agent. Such notices must be sent by
common carrier delivery service or by registered, Global Express Guaranteed, or
certified mail, with postage or shipping paid by the sender and with evidence of
delivery, which may be in an electronic format.
(3) A Contractor who complies with a public records request within eight (8) business
days after the notice is sent is not liable for the reasonable costs of enforcement.
(F) IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, OR AS TO
THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS AGREEMENT, 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(cDM]AM IBEACH FL.GOV
PHONE: 305-673-7411
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It. Ownerehip of Documents/Patents and Copyrights
Any and all documents prepared by Contractor pursuant to this Agreement are related exclusively
to the Services described herein shall be deemed to be a "work made for hire", and are intended or
represented for ownership by the City. Any re -use distribution, or dissemination of same by
Contractor, other than to the City, shall first be approved in writing by the City Manager, which
approval, if granted at all, shall be at the City Manager's sole and absolute discretion.
Any patentable and/or copyrightable result arising out of this Agreement, as well as all information,
specifications, processes, data and findings, are hereby assigned to the City, in perpetuity, for
public use.
No reports, other documents, articles or devices produced in whole or in part under this
Agreement shall be the subject of any application for patent or copyright by or on behalf of the
Contractor (or its employees or subcontractors, (if any) without the pr orwritten consent of the City
Manager, which consent, if given at all, shall be at the Manager's sole and absolute discretion.
12. Liability for Rent. Supplies, Equipment, Etc.
Contractor shall provide all funds necessary to pay all debts, disbursements, and expenses
incurred in connection with its performance of the Services hereunder, and shall not be entitled to
any reimbursement from the City unless otherwise agreed to by the City. It will also provide all
supplies and equipment necessary to provide such Services. If Contractor uses any of the City's
facilities, supplies, or equipment to furnish the Services hereunder, Contractor shall pay the City
(or such amount shall be deducted from the Fee set forth in Section 2) an amount as mutually
agreed by the parties.
13. Liability for Subcontractors
Contractor shall be liable for its Services, responsibilities and liabilities under this Agreement and
the costs, services, responsibilities and liabilities of any subcontractors (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 subcontractors which is
requested by the City. When the term "Contractor" is used in this Agreement, it shall be deemed to
include any subcontractors (if any) and/orany otherperson orentity acting under the direction or
control of Contractor (if any). All subcontractors (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
JOINTVENTURE. FOR THE PURPOSES OF THIS AGREEMENT, THE CONTRACTOR SHALL
BE DEEMED TO BEAN INDEPENDENT CONTRACTOR, AND NOT AN AGENT OR EMPLOYEE
OF THE CITY, AND SHALL NOT ATTAIN ANY RIGHTS OR BENEFITS UNDER THE CIVIL
SERVICE OR PENSION ORDINANCE OF THE CITY, OR ANY RIGHT GENERALLY AFFORDED
CLASSIFIED OR UNCLASSIFIED EMPLOYEES INCLUDING ANNUAL AND SICK DAY
ACCRUAL. FURTHER, THE CONTRACTOR SHALL NOT BE DEEMED ENTITLED TO
FLORIDA WORKER'S COMPENSATION BENEFITS AS AN EMPLOYEE OF THE CITY OR
ACCUMULATION OF SICK OR ANNUAL LEAVE.
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The Contractor shall be the sole party responsible for any and all employment taxes, unemployment
compensation taxes or insurance, social security taxes, or other taxes, insurance payments, or
otherwise whether levied by any country or any political subdivision thereof. The Contractor shall
not, in any way, be considered to be, or be deemed to be, an employee of the City through the
Services performed in this Agreement (e.g., including, but not limited to, for purposes of the Federal
Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the
provisions of the Internal Revenue Code, any state revenue and taxation code relating to income
tax withholding at the source of income, the Workers' Compensation Insurance Code and other
benefit payments and third parry liability claims), and the Contractor shall indemnify and hold the
City harmless from all costs, loss, damages or expenses (including but not limited to taxes,
accounting fees, court costs, and attorney's fees at all levels of litigation) in the event of any
determination to the contrary by any courtof competentjurisdiction orgovemmental authority. The
Contractor recognizes and understands that it will receive an Internal Revenue Service Form 1099
statement and related tax statements, and will be required to file corporate and/or individual tax
returns and to pay taxes in accordance with all provisions of applicable Federal and state law. The
Contractor hereby promises and agrees to indemnify the City for any damages or expenses,
including attomey's fees, and legal expenses, incurred by the City as a result of the Contractor's
failure to make such required payments.
Except as otherwise expressly provided in the Agreement, the Contractor shall in no way hold itself
out as an employee, dependent agent, or other servant of the City, its employees or other agents,
or as other than a free agent with respect to the City. The Contractor is not granted, shall not have,
and acknowledges the absence of any right or authority to assume or create any obligations or
responsibility, express or implied, on behalf of or in the name of the City or to bind the latter in any
matter or thing whatsoever.
15. Intentionally 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 underthe 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, dot, fires, epidemics, pandemics, terrorism, sabotage, explosions, embargo
restrictions, quarantine restrictions, transportation accidents, strikes, strong hurricanes or
tornadoes, earthquakes, or other acts of God which prevent performance. Force Majeure
shall not include technological impossibility, inclement weather, or failure to secure any of
the required permits pursuant to the Agreement.
(B) If the City or Contractors 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
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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 parry.
(C) No party hereto shall be liable for its failureto 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.
(0) Obligations pursuant to the Agreement thatarose before the occurrence ofa 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 mannerfor 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 underthe Agreement, and may take such action without regard to the
noticerequirements 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. Asslanment.
Contractor shall not assign all or any portion of this Agreement without the prior written consent of
the City Manager, and it is agreed that said consent must be sought in writing by Contractor not less
than sixty (60) days prior to the date of any proposed assignment.
18. Audit and Inspection Records.
Contractor shall permit the authorized representatives of the City to inspect and audit all data and
records of the Contractor, if any, relating to performance under this Agreement until the expiration of
three years after final payment under this Agreement.
Contractor further agrees to include in all his/her subcontracts hereunder a provision to the effect
that the subcontractor agrees that the City or any of their duly authorized representatives shall, until
the expiration of three years after final payment to the subcontractor, have access to and the right to
examine any directly pertinent books, documents, papers and records of such subcontractor,
involving transactions related to the subcontractor.
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19. Inspector General Audit Rights
(A) Pursuant to Section 2-256 of the Code of the City of Miami Beach, the City has established
the Office of the Inspector General which may, on a random basis, perform reviews, audits,
inspections and investigations on all City contracts, throughout the duration of said
contracts. This random audit is separate and distinct from any other audit performed by or
on behalf of the City.
(B) The Office of the Inspector General is authorized to investigate City affairs and empowered
to review past, present and proposed City programs, accounts, records, contracts and
transactions. In addition, the Inspector General has the power to subpoena witnesses,
administer oaths, require the production of witnesses and monitor City projects and
programs. Monitoring of an existing City project or program may include a report concerning
whether the project is on time, within budget and in conformance with the contract
documents and applicable law. The Inspector General shall have the power to audit,
investigate, monitor, oversee, inspect and review operations, activities, performance and
procurement process including but not limited to project design, bid specifications,
(bid/proposal) submittals, activities of the Contractor, its officers, agents and employees,
lobbyists, City staff and elected officials to ensure compliance with the contract documents
and to detect fraud and corruption. Pursuant to Section 2-378 of the City Code, the City is
allocating a percentage of its overall annual contract expenditures to fund the activities and
operations of the Office of Inspector General.
(C) Upon ten (10) days written notice to the Contractor, the Contractor shall make all requested
records and documents available to the Inspector General for inspection and copying. The
Inspector General is empowered to retain the services of independent private sector
auditors to audit, investigate, monitor, oversee, inspect and review operations activities,
performance and procurement process including but not limited to project design, bid
specifications, (bid/proposal) submittals, activities of the Contractor, its officers, agents and
employees, lobbyists, City staff and elected officials to ensure compliance with the contract
documents and to detect fraud and corruption.
(D) The Inspector General shall have the right to inspect and copy all documents and records in
the Contractor's possession, custody or control which in the Inspector General's sole
judgment, pertain to performance of the contract, including, but not limited to original
estimate files, change order estimate files, worksheets, proposals and agreements from and
with successful subcontractors and suppliers, all project -related correspondence,
memoranda, instructions, financial documents, construction documents, (bid/proposal) and
contract documents, back -change documents, all documents and records which involve
cash, trade or volume discounts, insurance proceeds, rebates, or dividends received, payroll
and personnel records and supporting documentation for the aforesaid documents and
records.
(E) The Contractor shall make available at its office at all reasonable times the records,
materials, and other evidence regarding the acquisition (bid preparation) and performance
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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:
(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 Contractor shall make available records relating to appeals or to litigation or the
settlement of claims arising under or relating to this Agreement until such appeals,
litigation, or claims are finally resolved.
(F) The provisions in this section shall apply to the Contractor, its officers, agents, employees,
subcontractors and suppliers. The Contractor shall incorporate the provisions in this section
in all subcontracts and all other agreements executed by the Contractor in connection with
the performance of this Agreement.
(G) Nothing in this section shall impair any independent right to the City to conduct audits or
investigative activities. The provisions of this section are neither intended nor shall they be
construed to impose any liability on the City by the Contractor or third parties.
20. E-Ver' .
(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 registerwith and use the E-Verify system
to verify the work authorization status of all newly hired employees during the Term of the
Agreement. Additionally, 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 subcontractorduring the contract Term. If Contractor enters into a
contract with an approved subcontractor, the subcontractor must provide the Contractor with
an affidavit stating that the subcontractor does not employ, contract with, or subcontract with
an unauthorized alien. Contractor shall maintain a copy of such affidavit for the duration of
the subcontract or such other extended period as may be required under this Agreement.
(B) TERMINATION RIGHTS.
(1) If the City has a good faith belief that Contractor has knowingly violated Section
448.09(1), Florida Statutes, the City shall terminate this Agreement with Contractor
for cause, and the City shall thereafter have or owe no further obligation or liability to
Contractor.
(2) If the City has a good faith belief that a subcontractor has knowingly violated the
foregoing Subsection 20(A), but the Contractor otherwise complied with such
subsection, the City will promptly notify the Contractor and order the Contractor to
immediately terminate the contract with the subcontractor. Contractor's failure to
terminate a subcontractor 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.
Page 10 of 17
Dowsign Envelope ID. A4EC3598-A6OF4F85-A412-95BBBOFO CC
(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 (Bx1) or
(13)(2) no later than 20 calendar days after the date on which the contract was
terminated.
(5) Ifthe City terminates the Agreement with Contractor under the foregoing Subsection
(13)(1), Contractor may not be awarded a public contract for at least 1 year after the
date of termination of this Agreement.
(6) Contractor is liable for any additional costs incurred by the City as a result of the
termination of this Agreement under this Section 20.
21. Contractor's Compliance with Anti -Human Trafficking Laws.
Contractor agrees to comply with Section 787.06, Florida Statutes, as maybe amended from time
to time, and has executed the Certification of Compliance with Anti -Human Trafficking Laws, as
required by Section 787.06(13), Florida Statutes, a copy ofwhich is attached hereto as Exhibit "C".
22. Prohibition on Contracting whh an Individual or Entity Which Has Performed Services
for Compensation to a Candidate for City Elected Office.
Contractor warrants and represents that, within two (2) years prior to the effective date, Contractor
has not received compensation for services performed for a candidate for City elected office, as
contemplated by the prohibitions and exceptions of Section 2-379 of the City Code.
Forthe avoidance of doubt, the restrictions on contracting with the City pursuant to Section 2-379 of
the City Code shall not apply to the following:
(a) Any individual or entity that provides goods to a candidate for office.
(b) Any individual orentity 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 of this Agreement. A party's waiver of any breach of a provision of this
Agreement shall not be deemed a waiver of any subsequent breach and shall not be construed to
be a modification of the terms of this Agreement.
24. Severance.
In the event this Agreement or a portion of this Agreement is found by a court of competent
jurisdiction to be invalid, the remaining provisions shall 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
Page 11 of 17
g wsign Envelope ID: MEC359"6OF4F65-M12-95BBBOF040CC
obligations herein and that the preparation of this Agreement has been a joint effort of the parties,
the language has been agreed to by parties to express their mutual intent and the resulting
document shall not, solely ass matter of judicial construction, be construed more severely against
one of the parties than the other.
26. Mutual Cooperation
Contractor recognizes that the performance of this Agreement is essential to the provision of vital
public services and the accomplishment of the stated goals and mission of the City. Therefore, the
Contractor shall be responsible to maintain a cooperative and good faith attitude in all relations with
the City and shall actively foster a public image of mutual benefit to both parties. The Contractor
shall not make any statements or take any actions detrimental to this effort.
27, Entire Agreement.
This writing and any exhibits and/or attachments incorporated (and/or otherwise referenced for
incorporation herein) embody the entire agreement and understanding between the parties hereto,
and there are no other agreements and understandings, oral orwdtten, with referenceto the subject
matter hereof that are not merged herein and superseded hereby.
28. Background Check Aareement.
In accordance with Sections 943.0542, 984,01, 39.001 and 1012.465, Florida Statutes and
Chapters 430, 435, and 402, Florida Statutes, as applicable, employees, volunteers, contractors,
and subcontracted personnel who work in direct oontactwith the vulnerable population orwho come
into direct contactwith the vulnerable population must complete a satisfactory Level background
screening prior to commencing work pursuant to this Agreement.
Level 2 Background screenings must be completed through the City of Miami Beach, Human
Resources Department. Contractor agrees to complete Level 2 Background screening prior to
initiating any work related to this Agreement.
[Signature Page to Follow]
Page 12 of 17
Docusign Envelope ID: MEC3596-A60F4F65-M12-9513MOF04 13C
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by
the respective officials thereunto duty authorized, this date and year first above written.
FOR CITY:
ATTEST:
axuupmaM
r A
Ra el,E-08raaedo, City Clerk
Date: 12/24/202511:09 PM EST
FOR CONTRACTOR:
WITNESS:
9v etl by:
A&A..
—B95men'" "a"w116.
Alan Alberta
Print Name
Date: 11/24/202517:57 PM EST
Approved
CITY OF MIAMI BEACH, FLORIDA
ooawq.e b:
rH.w A.
En EewpBYlters-P.E., City Manager
Mark Taxis AM
FRANCO PERTLIZZI
— N
Signature
Franco Petruzzi
Print Name
Approved as to form & language &
for execution.
Cna�JN�ii._ it�ufLS
Dep ffvETMCtbr City Attorney @R Date
by.,
nn rfiaa,t,�n by:
M6 "6&WAIt
Offic dMa geihent and Budget
1
Page 13 of 17
Emusign Envel pelD:A4EC3598-MOFIF85- 12-95BBBOFOI CC
Exhibit A
Description of Services
Contractor shall establish and administer soccer coaching for Miami Beach residents and visitors at
the following locations:
1.) Flamingo Park Football Stadium (999 11th Street, Miami Beach, FL 33139)
2.) Flamingo Park Soccer Field (1435 Meridian Ave, Miami Beach, FL 33139)
3.) Fairway Park (200 Fairway Dr, Miami Beach, FL 33141)
4.) Normandy Isle Park (7030 Trouville Esplanade, Miami Beach, FL 33141)
Additional City of Miami Beach owned property may be used to conduct classes as needed
The City shall register participants in the Miami Beach FC program. Consultant shall not charge any
Miami Beach Residents. The City shall coordinate and/or provide facility access as necessary.
Contractor will be assigned as a head coach for Miami Beach FC (MBFC) program. The exact
team(s) may vary, as would the ages that can range between 2005 through 2016.
Any change to the approved fees shall require prior written approval of the City Manager.
Before this Agreement is binding & ANY team training/player contact can begin, Contractor must
complete the following requirements:
(a) Complete & pass a Background Check conducted through FYSA.
(b) Complete the online Concussion Training and submit the completion certificate to the
Director of Coaches.
(c) Complete the online SafeSport Training and submit the completion certificate to the
Director of Coaches.
(d) Complete any additional paperwork that may be needed.
Coaching Position and Duties: Contractor agrees to be the "Head Coach" of the Team(s)
assigned by the Director of Coaches and to perform all of the duties and services necessary and
normally associated with that position, including, without limitation, the following:
Practices. Contractor agrees to conduct practices and clinics during the term of this
Agreement. The number, duration, and content of those practices and clinics will be
determined by the Director of Coaches in the best interests of the Team. In any dispute
between the Team and Contractor concerning the number, duration, or content of the
practices, Contractor must consult with the MBFC Club Director and the Director of
Coaching, the decision of whom will be final and binding on Contractor and Team.
Games and Tournaments. In the absence of a personal emergency, Contractor agrees to
attend and coach all of the league games scheduled by the Florida Youth Soccer
Association ("FYSA") for the team, either as originally scheduled by the FYSA or as
Dowsign Envelope ID: MEC3590-ASOF4F55-M12-95BBBOFOMCC
rescheduled from time to time and all of the games scheduled for the Team in tournaments
sanctioned by the FYSA or another state soccer association and in which the Team
chooses to participate.
Travel. Contractor agrees to travel with the Team to games and tournaments for which
travel is necessary or appropriate. MBFC has no obligation to reimburse Contractor for
travel costs and expenses. Any expense reimbursement will be made by an agreement
between the parents of the team and Contractor.
Events. Trainlnas, and Meetings. Contractor must attend all MBFC events, meetings,
training seminars, and clinics required by MBFC.
Player Evaluation. Contractor acknowledges and understands the importanceof providing
players and MBFC with useful and constructive feedback, through evaluations, for each and
every player on his/her team throughout the season. Coaches are expected to provide
feedback to players on a regular basis as part of the club's commitment to player
development. Further, Contractor agrees to submit an end -of -season Team/Player
Evaluation to the Director of Coaching prior to scheduled tryout/evaluation date(s) using the
player/team evaluation reporting process specified by MBFC. Because coach evaluations
are one of the items used in the placement of players for the upcoming season, Contractor
understands and acknowledges that time is of the essence when it comes to submittal of the
final player/team evaluation. If for any reason Contractor does not submit the final team
evaluation by set date, Contractor agrees that the final payment shall be withheld until
evaluations are received by MBFC.
Conduct and Compliance: During the Term of this Agreement, Contractor must:
Conduct. Use his or her best efforts to promote and maintain the success and reputation of
MBFC, and set, promote, and enforce (by his or her individual example and otherwise) the
highest standards of leadership, fair play, and good sportsmanship by MBFC players and
coaches.
Compliance. Comply with all of the rules and regulations of MBFC (including, without
limitation, its drug and alcohol use policies) and of the FYSA and promote and enforce
compliance with those rules and regulations by MBFC's players and coaches. Contractor
agrees to abide by the MBFC Code of Conduct and portrays the expectation to players and
parents that they also abide by the Code of Conduct.
Reporting. Promptly report to the Directorof Coaching on all issues or problems that arise
with respect to Contractors conduct or compliance or with the conduct or compliance of the
Team or any individual member of the Team or parent of a player.
Equipment and Materials: MBFC will furnish all necessary equipment, uniforms, and materials
required to coach the Team and to perform the services contemplated by this Agreement.
Contractor must bring all such equipment and materials to each practice and game to be available
to the Team. All equipment and materials must be returned to the MBFC, as soon as possible after
the completion of the season.
Page 15 of 17
Dowsign Enwbpe ID: MEC959&A6OF4F65-AO12-95BBBOFONCC
Exhibit B
Fee
The City agrees to pay Contractor as follows:
Head Soccer Coach: The City shall pay Contractor a total fee not to exceed $3,600.00 during the
Term of the Agreement.
Contractor shall issue invoices to the City no later than 15 days after the program session
concludes. The City shall remit payment to the Contractor within 45 days of receiving an invoice
from the Contractor for that portion (or those portions) of the Services satisfactorily rendered (and
referred to in the particular invoice).
Page 16 of 17
Dowsgn Envelope ID'. MEC3598-A60F4F65-M12-956980FONCC
Exhibit C
Human Trafficking Affidavit
In accordance with Section 787.06 (13), Florida Statutes, the undersigned, on behalf of Contractor
hereby attests under penalty of perjury that Contractor does not use coercion for labor or services
as defined in Section 787.06, Florida Statutes, entitled "Human Trafficking".
I understand that I am swearing or affirming under oath to the truthfulness of the claims made in this
affidavit and that the punishment for knowingly making a false statement includes fines and/or
imprisonment.
The undersigned is authorized to execute this affidavit on behalf of Contractor
:He�7_Giiel:A
Franw Petruzzi
�e�BiBX'8..
Signature
State of Florida
County of Miami -Dade
11502 NW 77 LN Doral, FL 33178
Address
The foregoing instrument was acknowledged before me by means of O physical presence or EX
online notarization, this 24th day of November 1 2025 by
Franco Petruzzi , known to me to be the person described herein, or who
produced as identification, and who did/did nottake an oath.
NOTARY PUBLIC
(Signature)
Melody Perez
(Print Name)
My commission expires: August 5, 2029
Department Children and Families
Clearinghouse Background
kground Screening Result
Printed by Melody Perez 12/1➢/202511:56:27 am
Print Event 2S4461366
FRANCO PETRUZZI
Rmt Name FRANCO
Middle
Name
Oat Name PETRUZZI
AllMes
ON ) KK-XX-
10I2
DMeof 3/31n005
Birth
Place of Other
Birth
Mailing Address 11502 NW ]T LN
Apt/Unit/Suite
City Coral
State Florida
Zip Code 33178
Phone Number (786) 448-3137
Email Address Francopstruzz131
@Gma1I.Com
Department of Children and Families Eligibility
Type Item
Employment
DCF General
Employment
DCF Child Cam
Employment
DCF Group Home
Employment
DCF Chad PlacemenVAdoption
Employment
DCF Summer Camps
Employment
DCF Mental Health
Employment
DCF Substance Abuse
Employment
DCF Peer Specialist
EIIgibEIIy Determination
Agency Review Required
Eligible
Agency Review Required
Agency Review Required
Agency Review Required
Agency Review Required!
r Agenry Review Required!
Agency Required
Ramie.
Sex MALE
Race WHITE
Retained Prints
Expiration Date
Hair Brown
Color
10/2/2030
Eye Color Brown
Ckadnghoux Status
Height 6'00"
Ves
Weight 155
Person 4461366
ID
Eligibility Determination Data
, IW17MUS
DCF Child Abuse Check
The Department has reviewed child welfare records for she State of Florida.
This search was conducted in Florida's Automated Child Welfare Information System (SACWIS)
Devi Finding
10111/2026 The
Is no record of the applicant being listed as the caregiver responsible for a variant fining of abuse, abandonment or
negle t of a child.
Florida Department of Health Licensure Status
Prokavon License Number Original Date Expiration Date License Status
L No data found
Printed by Melody Perez 12/17/202S 11:56:27 am Print Event 254461366
�E olovmeM/CorKract MlstofV owa
PraN4onal Hire /
Permanent Hire / End
Name
Limnm
Position
Camrad Dale
Cormad Doe Deft
t,u
City of Miami Beach Parks and Redealm
t113.B3.Z
Other
12/012026
"lem.
Printed by Melody Perez 12/17/202511:56:27 am Print Event 25M61366
in
Docnsign Envelope ID: 211 HCDM83B-4519-AA41-AF91623B9FSl L��
Docuaigo Envelope ID: ABEet4A1-04394051F-931843EB 0ETSC
MIAMIBEACH
Math Interuentgnal ® IAhrman Community Day School
Lili Rol Etlmtlon & Pedormance Initiatives
,.purse neeunanwly�
Leslie Ran enfNd /-„ lawn Greene Mkl, ati 1,
T 1-Carom noundmenl, ehanxe eider, a talikerlb mWhing frame prauremem-inuedwmpeowe schdanum.
Type 2-Am'oMef central amendment, change order, ortaskarderdat cons let result 6om a pmcurelmM-IswM campetidve solixiNNpn.
x
Type3-IndepenMRComnRorigreemem RCal Type 6-TCMm Agrxmem
Twe,4-Grentagreemenb wkn [NCirywthe revipiem Typal- 1. awernmental yam, ineement
d,5- Gram ameemenu wM [M1eeiry as tnv grantor ryFea-other:
Contractor shall provide math Interventions for students in green K through S. Contractor's Instruction will be designed to address
each Student's specific leaming needs and will adhere to the Florida B.E.ST. Standards for Mathematics and the school's preschool
cum.lum pacing guides, and leaming abjecives for grades K-S math courses. Math intervention will take place at 4hregin
CammunRy Day School for a total of up to 05 hours throughout the Term, excluding the time when school is not in session during
the summer break Connector shall be compemated at a rate of $18 per hour for reading interventions as required by the scrod
principal.
Reso 2024-33016 pcoritiaes $189.252 in educational enhancements for private and charter schools during the N 2025 budget process
and on a mounting bugs thereafter for the sewn private and charter schools currently Singing on the Quality Educaeon Committee.
Proportionally, Lehrman Community Day School has been allocated $28,726. Thb amount was calculated based on a rah of $187.75
per Miami Beach resident for the 153 Scroll children who resMe in the c
EMenive Date- Septedyneem 30, 2026 N/A N/A-
Grant Funded: Yes K No State Federal Dther:
3 $10,000 123.6681.0003/3.12-40G592-DO-WAP Yes 3x F-No
3. For contracts longer than five years, cant et the Procurement Din artrrmnt. 2. Attach any supporting explanation needed. 3. Budget
approve indicates approval for the current fiscal year only. Future yeah arc subject to City Commission approval & the annual
adapted operating budget.
. v, ,�- ........
City Commission Approved:
r.
Yes No
... d. . - x
Resolution No.: CC Agamla hem Na.: CC Meetbg Date:
K
I
M2F33036
If no, explain why CC approval is recut required:
Legal Form Approved: K Yes No If no, explain below why form approval is not necessary:
Procurement:
N/A
Gol
N/A
Budget Analyst Ayanna
Informatbn Techooligy:
N/A
DaGmte-fade
Budget Director:
Tameka Otto Stewart
TawaA SjLM4YI
Risk Management:
Fleet &Facilities:
All
WhimOnewher
Insurence Type: WA
ReAewed C01: Yes❑No❑
vdrrw
0
Numan Resources: Marla
Alphar
_
&.,(. B W
Other:
N/A