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HomeMy WebLinkAboutIndependent Contractor Agreement between CMB and (Contractor) Lili RotholzDocmgn Envelope ID: 211EKDBA83B4519-A 11-AF97623NF57 D .,,p Enveope ID: MU14AI-0 %4i06FB316 Ea64CCE75C 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 Docusign Envelope ID'. 211E6CD6-B83B4519-AA41-AF97623B9F57 Do an Ernehope ID: A6E614A1-D4]940aF-931633Ee64CCE76C 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. Page 2 of 16 Docusgn Envelope ID'. 211E6-_U"83B-45j4A 41AF97623WST a .gn Envelope IU ME614A1-0439jAF431&MEa84CCE75C 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 Page 3 of 16 D usign Envelope 11D 211E6C08-883134519�A 1-AF99623B9F57 Oocuslgn Envelope 10: ABEBUA1-0439406F4318d31555 CCE75C 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. Page 4 of 16 Do sign Enweb ID: 211HG!38-66384519- I-AF97623B9F57 Docualgn Envebpe ID: (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 Page 5 of 16 Docmign Envelope ID: 211 E6CDaA83B4519-M41-AF97623B9F51 Doael9n Envelope ID: ME81 W-D439488F-9818a3EeMCCEM 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. Page 6 of 16 D sign Envelope ID'. 211HCDS B4519-A lAF971323e9F57 Owusign Enysbpe 10: ME914A1-D4394O9FA31b33EWCCE75C 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 Page 7 of 16 D usign Envelope ID: 211 E6CD8A83B4519-A 1-AF91623B9F57 D..Ign E.,." 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. Page 8 of 16 D sign Erveloge ID: 211 E6CD8-883B4519- A 1-AF97623139F51 Dmuelgn EnvMb ID: AaE814A1-D43s496F-9318-33EsNCCE75C 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 Page 9 of 16 Dvov,ign Envelope ID: 211E6CD8- 18 1519-AA41-AF91623BW5➢ Dmsgn Envelope 10: MR14A1-1XW4 eFA31a33EBa0CCE]5C 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 Dmusign Ewelope ID: 211 E6CDBa83B4519-W1-AF9I623B9F5I Dowel9n Envelope ID: ABE614A1-043 116F-9318.33E884CCEIZ 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 Docusgn Envelope ID'. 211E6CD&N3B4519-AA41-AF97623B9F57 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 D usgn Envelope ID: 211E15CD8-8836 19-AA41-AF97823891`51 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 Page 434 011109 DOousgn Envelope1D: 211E6CD8$83B4519-A 1-AF97623e9F57 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 Dowsign Envelope ID: 211E6CDB-6B3B4519-AA41-AF97623B9F57 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, . $TEAMaPrspam aid Mathema(Its (STEAM) III shod day, bnn8.8 loralart organizations into the ......-�5W^SOU.p✓Sctwd .. ..:WI - Fro Ades a free SAT%ACT prawratian o�ogram College Prep Program $12,500 per 500 kids PS during the summer and to high school students during the school year UF$g,il6pvdass � CdkgeMigh schoolcourses oRered aftM 0dd Enrdllmdst PM$5,000 HS. MMAe High/Middle School site for. Transcripts $75-S100 per child (Graduate 16 Funds oMoal transcript requests, for students In C'ty-funded Dud Enrollment _participating ____.____.._._..._... Pupp Hedcessai bl Heahh Mensal Health $II,000pre tlry per5rllpd M rsBahavbrel homallcenaad gbkal5odal Workerai school Worker Mthe sehodl age _ _...... _... _. _. _. Stop the Bleed Bit .. _..__. _._ $IW per got All Provide it instalbHonin eachdassmim for essential bleedingmntrol Math Tutori ASE og HS. MMde aaer-xlml meth bbdng .._._. .. .. 157,SWWSShgol _r _:.._.._.... _... .._._ m;tuden°"e'oh-,me _.. _..._ .. -. _ .. Resigng interventionist S3Q000 per School aamenbry the ides lda'°n-ono mtling instruction during the sd_iud dry _. _.. _. I$1Oimpa fProykes oneomana rnathinstrveNon during the Math Inhrventbnist Scl�. !Shod daY_ IB program TBD : All Provides International Baccalaureate (18) I�mptfeememnasl-A Worldof Dgtrkaireninnceg 'Mtl-Bias Mtl-Dehmadontngw'No I$1,250wosidng daY IAII 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 _.... _ .. i .. ._. .. ._l. akerarhml enrichment Common Threads Varles by program inform Elementary offers with and families hands-on coeMing and coordinated by Parks nutrltionprograms_ _ .. _ _.. .. 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 SwL um a MB bI m61v erT) p9. Wptlt Vgpa^Y44y1t Rrytlmml�r ati,1AY )NemY:r^ 3)1a0, utep nm VtyreanraMC ,VminlpaWre I.SRM EVYwneM bAi3 !tlm[ SWWEenu t)31M5 or dB%1 pmfll(C^P[n 10EC1 !rule Imsrf�PaBY I. LaWym¢rvemmmn f0. PctirRM 10]IFarryplanoW aragy IIaW^._ �SMWMC ..eBnL eynnen RrNrrIN WrMlb OererNe L MM INermnlgMu ]0/AO 4wMN plMtltlrh 1111Ntl M%1 QamflwlOFQ YW ].Rudryimenenuenkt )0. MNrM Etll]GtlbeemBai Mw 51Fl pW apMxMMn YveNp{4wMery S.SRMEyWpmenl d5.Y3 O^Wme pdnn SNmI .SNpIN BIM RNgm LWO Onetlm( M(MI S.S1011uleinMar lnmrtM ip)0 eturriN Bnen $ eBa9l I Slam Fwlpnrnt S BiNI nwMn¢ ySeCW^M Sf p)BrnMi ynaM1lGfG hyur x.snrm. vrNnm Es,sw warrsM InpWMaaenoeetl]blq iws mnrePxn ). X..alN i^m.m^nmm w.aw MNma (mole Mnsnemm rinnwMM <. mamm� tr BauMry )Nml S. OntI�DMamation leaµ[ Memriry 6.sWtlIM1Re ieado 1 RarMB ].MenW XevM ll 4NMiB D7A I.MMiuWI^B S ]$Z IYwo, YMtl4nY 1]I4YPSe%1 6MeMMlflEq 'µW 1 GtleFR(0 hiMrN1 4.M[Nn Nup W144Mman 3.NnWNxM v IYGIXN WLINtnYb v.SRMfyWament/SiFdW ex* pyyny rMAMaa1lNB s. 6YrabrrleuYrirtenfF AuXo )wo WrYV Wrlea Une MCIW B.Fv{BrtwMbn )AA IINYMry pltre[rtr MYrNI J.FyEr ymam )ypV MAYy B.YWIMBM1M 3B0 bedlx .WN[Iiaur 3 6WNe kilo) I.s]uM. CNnam s BOSm Mmeve a)mrenN wwuW41V uynl4EC .M .fRMfpWpment aSN Mein f]IfalifM4Fe%rSeF1 Wa6nr IWtlnbvB(r IYbq N[uMn .f)0.lmamntlwJn Wmt Ikarrlry MvanbarB mlurtm 4rnrxrF MbeN BaM'NI^YnenumlY NOMYr{ WWun MCIMnYaMYn B S. Wllr lnrmenlienirl eMe ]QWb Manlry XebemlWenry B. NrtuvliauY S.)ll Meeme Mwl ].fdeFRR vmMam d.)1f leuMFn4imem tWll aeeo, ROnMS . Lnnrrnpta !Fm RVMM o )twue Bkee XN iW fl^erlmv l).FNe WnkWTirn ASE Ilm/rYi MMI I.wMNbtma^tlmin S Munns WarvWn 14aareiy xauuMBntlmbwa MW[n4wnm x. slGM.ny+m eke[ M9! M[xwMa ). uFMFryYmml kp MS 1Sj33 O—e. On11me c,dn OiMMBm4nSNam1W lida d. MemNMolrlr Rmve, MM4a Ln1aM Mar1a4( Mn4vYr MaMeM S. Fatn CwrkuYriPRAif WAM 3pFW RweN BMunM1eM GIVmn 6. IB Roym. X}l) ].cmmo^nrnm ).wB Rnomy MalF lmerwMMN tO.W] BeNrrlry )t4Bs4 I NNL[Rrepam Myi S tB B[NrMs salubMv Il3r0M1 BfiIYMiF (BfCI CI^11rh Mehu¢ ].BpINMWMMIMR Ib..000 wxN Ma Nn Memaun 3. SRMEMYnnt d5dl) O^Nlme Bmeema Yst. d: .Nxiw. ).av Mama rnn^a .EMMIW RMIIY B4CW 4weN N.w RI..Mm R.,XrIN B IN.ve S --u),IBB Mein[ S a1%02 RMxrN{ Docusign Envelop Docusign Ema : ID: 211 HCDM83B 51PA 1.AF97623NF57 bpa ID: AAE81CA1-D03 NF-9318-33EMCCUK a.o.M araa..A r.wn.. sauu. taomn Marys Ma < i _J Miami -Dade County Public Schools City Of Miami Beach Governmental Students Residing within Municipality Affairs B Land Use (Charter and Traditional Public Schools) 458 D usgn Envelope ID: 211EKD8-E83B-0519-AA41-AF97623B9F57 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] D alan Emebpe IM ASEet4A1-a43S4%F-9318-33U54CCE75C 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. Page 2 of 17 Dowsign Envelope ID: MEC359&M0FIF65-M12-95BBB0FO CC 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 Page 3 of 17 Domsign Envelope ID: MEC3598-MOF4F85-A412-956BBOFO C 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. Page 4 of 17 Dowsgn Envelope ID: MEC359"WF4F65-M12-95BBB0FO GC (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 Page 5 of 17 Dowsign Enwlope In: MEC3599-A60F4F65-A412-95BBB0FWCC 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. Page 6 of 17 Domsign Envelope ID: AIED3596-A60F4F65 12-95BBB0FWCC 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 Page 7 of 17 Do sign Envelope ID'A4EC3598-M0FJF65-M12-95BBBOF044CC 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. Page 8 of 17 Do sign Enw1ope 10A/EC3596-MOF4F66- 12-95BBBOFW12C 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 Page 9 of 17 Docusgn Envelope ID: MEC359&M0F4F65-A412-95BBB0FO CC 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