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HomeMy WebLinkAboutPSA between the CMB and Common Threads Incorporated for a culinary and nutrition wellness program Docusign Envelope ID:7986E21 B-A4ED-481A-BC61-A72C3B7C0886 ���� ^�Zb p `o Docusign Envelope ID:F8247723-E5F0-448C-BDA2-B9FE1EOC9FBE PRUFESSIC?NAL SERVIGES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND CQMMON THREADS INC�RRORATED Ft?R A CULINARY AND NUTRITI�N WELLNESS PROGRAM 4/6/2026� 9:45 AM EDT This Professianal Services Agreement ("Agreement"} is entered into this day of _ , 2026 and is effective as of January 1, 2026 ("Effective Date"j, between the CITY OF MIAMI BEACH, FLORIDA, a municipal corporation organized and existing under the laws of the State of Florida, having its principal offices at 1700 Convention Center Drive, Miami Beach. Florida, 33139 (the "City°), and COMMON TNREADS INCORPORATED, an Illinois not- for-profit corporation, whose address is 2904 Floyd Street, Suite A, Dallas, Texas, 75226 ("ConsultanY'). SECTION 1 QEFINITIONS Agreement: This Agreement between the City and Consuitant, including any exhibits and amendments thereto. City Manager: The chief administrative afficer of the City. Gity Manager's Designee: The City staff inember who is designated by the City Manager to administer this Agreement on behalf of the City. The City Manager's designee shall be the Chief Education and Performance Initiatives Officer. Consuitant: For the purposes of this Agreement, Consultant shali be deemed to be an independent contractor, and not an agent or employee of the City. Services: All services, work and actions by the Consultanf performed or undertaken pursuant to the Agreement. Fee: Amount paid to the Consultant as compensation for Services. Risk Manager: The Risk Manager of the City, with offices at 1700 Convention Center Drive, Third Floor, Miami Beach, Florida 33139; telephone number (305) 673-7000, Ext. 6435; and fax number(305)673-7023. SEC710N 2 SCOPE OF SERVICES 2.1 In consideration of the Fee to be paid to Consuitant by the City, Consuitant shali provide the work and services described in Exhibit A hereto (the "Services"). 1 Docusign Envelope ID:7986E216-A4ED-481A-BC61-A72C387C0886 Docusign Envelope 10 F8247723-E5F0-448GBDA2-B9FE1EOC9FBE Although Cans�ltant may receive a schedule of the available hours to provide its Services, the City shall not contral nor have the right to controi the hours of the Services performed by the Consultant; where the Services are performed (aithough fhe City will provide Consultant with the appropriate locafion to perfarm 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 aetual manner and means of accomplishing the Services provided. Notwithstanding the foregoing, all Services provided by the Consultant shall be performed in accordance with the terms and conditions set forth in Exhibit A and to the reasonable satisfaction of the City Manager. If there are any questions regarding the Services to be performed, Consultant should contact the foliowing person: Dr. Leslie Rosenfeid, Chief Education and Performance initiatives Officer Education and Performance Initiatives Qivision 170Q Convention Center Drive, Miami Beach, FL 33139 Tel: (3Q5)673 7000 ext. 6923 2.2 Consultant's Services, and any deliverables incident thereto, shall be completed in accordance with the timeline and/or schedule in Exhibit A hereto. 2.3 The City and Consuitant enter into this Agreement with the understanding that the Services contemplatad hereunder will mutually contribute to educationa! enhancement for Miami Beach families. As a condition to payment of the Fee, and to demonstrate that Consultant has satisfactorily provided the Services, Consuitant must submit a report to the City Manager's Designee together with its final invoice. The report shall be in a farm acceptable to the City Manager's Designee, and shouid generally describe the Services provided, populations served, and outcomes or deliverables achieved, along with any other information reasonably requested by the City Manager's Designee. SECTION 3 TERM The term of this Agreement ("Term") shall commence upon the Effective Date and shall end by September, 30, 2026. Notwithstanding the Term provided herein, Consultant shall adhere to any specific timelines, schedules, dates, andlor performance milestones for completion and delivery of the Services, as same is/are set forth in the timeline and/or schedule referenced in Exhibit A hereto. SECTION 4 FEE 4.1 In consideration of the Services to be provided, Consultant shall be compensated on a fixed fee basis, in the amount of $17,675.77, for a total annual not-to-exceed amount of $17,675.77 (the "Fee"). The Fee shall be payable upon (i) satisfactory completion of the Services, (ii) receipt of an invoice, as provided in Section 4.2 below, and (iii} receipt of an acceptable and approved report, as detailed in Section 2.3 above. 2 Docusign Envelope ID 798BE218-A4ED-481A-BC61-A72C367C0886 Docusign Envelope IQ:FB247723-E5F0-448C-BDA2-89FE1EOC9FBE 4.2 INVOIGING Upon receipt of an acceptable and approved invoice, payment(s) shall be made within forty-five (45) days for that portion (or those portions) of the Services satisfactorily rendered (and referenced in the particular invoice). Invoices shall include a detailed description of the Services (or portions thereQf) provided, and shall be submitted to the City at the foilowing address: Dr. Leslie ftosenfeld Chief Education and Pertormance lnitiatives Officer Gity of Miami Beach 1700 Convention Genter Drive, Miami Beach, FL 33139 leslierosenfeld(a?miamibeachfl.aov SECTION 5 TERMINATI�N 5.1 TERMINATION FOR GAUSE If the Consultant shalf fail to fulfill in a timely manner, or otherwise violates, any of the covenants, agreements, or stipulations material to this Agreement, the City, through its City Manager, shall thereupon have the right to terminate this Agreement for cause. Prior to exercising its option to terminate for cause, the City shall notify the Consultant of its violation of the particular term(s) of this Agreement, and shall grant Gansultant ten (10) days to cure such default. If such default remains uncured after ten (10) days, the City may terminate this Agreement without further notice to Gonsultant. Upon termination, the City shall be fully discharged from any and all liabilities, duties, and terms arising out of, or by virtue of, this Agreement. Notwithstanding the above, the Consultant shali not be relieved of liability to the City for damages sustained by the City for any breach of the Agreement by the Consultant. The City, at its sole option and discretion, shall be entitied to bring any and all legal/equitabie actions that it deems to be in its best interest in order to enforce the City's rights and remedies against Consultant. The City shall be entitled to recover all costs af such actions, including reasonab(e attorneys' fees. 5.2 TERMINATION FOR GONVENIENCE OF THE CITY THE CITY MAY ALSO, THROUGkI ITS CITY MANAGER, AND FOR ITS CONVENlENCE AND WITHOUT CAUSE, TERMINATE THE AGREEMENT AT ANY TIME DURING THE TERM BY GIVING WRITTEN NOTICE TO CONSULTANT OF SUCH TERMINATI�N; WHICN SHALL BECOME EFFEGTIVE WITHIN THIRTY (30j DAYS FOLLOWING RECEIPT BY THE CONSULTANT (JF SUCH NOTICE. ADDITIONALLY, IN THE EVENT OF A PUBLIC HEALTH, WELFARE OR SAFETY CONCERN, AS DETERMINED BY THE CITY MANAGER, IN THE CITY MANAGER'S SOLE DISCRETION, THE GITY MANAGER, PURSUANT TO A VERBAL OR WRITTEN NOTIFtCATIQN TO CONSULTANT, MAY IMMEDIATELY SUSPEND THE SERVICES UNQER THIS AGREEMENT FOR A TIME CERTAIN, OR IN THE ALTERNATIVE, TERMINATE TNIS AGREEMENT ON A GIVEN DATE. IF THE 3 Docusign Envelope ID:798BE21B-A4ED-481A-BC61-A72C3B7C0886 Docusign Envelope ID:F6247723-E5F0-448C-BDA2-89FE1EOC9FBE AGREEMENT IS TERMINATED FOR CCINVENIENCE BY THE CITY, CONSULTANT SHALL BE PAfD FOR ANY SERVICES SATISFACTORILY PERFORMED UP TO THE DATE OF TERMtNATIQN; FOLLOWING WHICM THE CITY SHAL� BE DISCHARGED FROM ANY AND ALL LtABILITIES, DUTtES, AND TERMS ARISING OUT OF, OR BY VIRTUE OF, THIS AGREEMENT. 5.3 TERMINATION FOR INSOLVENCY The City also reserves the right to terminate the Agreement in the event the Consultant is placed either in voluntary or involuntary bankruptcy or makes an assignment for the benefit of creditors. In such event, the right and obiigatians for the parties shall be the same as provided for in Section 5.2. SECTION 6 INDEMNIFICATION AND INSURANCE REQUlREMENTS 6.1 INDEMNIFICATIC�N Consultant agrees to indemnify, defend and hold harmiess the City of Miami Beach and its officers, empfoyees, agents, and contractors, from and against any and all actions (whether at law or in equity), claims, liabilities, losses, and expenses, including, but not limited to, attorneys' fees and costs, for personal, economic or bodily injury, wrongful death, loss of or damage to property, which may arise or be alleged to have arisen from the negligent acts, errors, omissions or other wrongful conduct of the Consultant, its officers, employees, agents, contractors, or any ather person or entity acting under Consuitant's control or supervision, in connection �vith, related to, or as a result of the ConsultanYs performance of the Services pursuant to this Agreement. To that extent, the Consultant shall pay all such ciaims and losses and shall pay aii such costs and judgments which may issue from any lawsuit arising from such claims and losses, and shail pay all costs and attorneys' fees expended by the City in the defense of such ciaims and losses, including appeals. The Consultant expressiy understands and agrees that any insuranGe protection required by this Agreement or otherwise provided by the Consultant shall in no way limit the Gonsultant's responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided. The parties agree that one percent (1%) of the total compensation to Consultant for performance of the Services under this Agreement is the specific consideration from the City to the Consultant for the ConsuitanYs indemnity agreement. The pravisions of this Section 6.1 and of this indemnification shall survive termination or expiration of this Agreement. 6.2 INSURANCE REQUIREMENTS The Consultant shall maintain and carry in full force during the Term, the following insurance: 1. Consultant General Liability, in the amount of$1,000,000; 2. Ui�orkers Gompensation & Employers Liability, as required pursuant to Fiorida Statutes; 3. Auto Liability Insurance, in the amount of�1,000; and 4. Professianai Liability, in the amount of�1,000,000. 4 Docusign Envelope ID:798BE21B-A4ED-481A-BC61-A72C3B7C0886 Oocusign Envelope ID:FB247723-E5Fp-448C-BDA2-69FE1EOC9FBE City of Miami Beach must he included by endorsement as an additional insured with respeci to all liabilify policies(except Professional �iability and Workers' Compensation) arising out of work or operations performed on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work or operations and automobiles otivned, leased, hired or borrowed in the form of an endorsement to the Consultanf's insurance. Each insurance policy required above shall provide that coverage shall not be cancelled, except with notice to the City of Miami Beach c/o EXIGIS Insurance Compliance Services. Consultant agrees to obtain any endorsement that may be necessary to affect the waiver of subrogation on the coverages required. However, this provision applies regardless of whether the City has received a waiver of subrogation endorsement from the insurer. Insurance must be placed with insurers with a current A.M. Best rating of A:VII or higher. If not rated, exceptions may be made for members of the Florida Insurance Funds (i.e. FWCIGA, FAJUA). Carriers may also be considered if they are licensed and authorized to do insurance business in fhe State of Florida. Consultant shali furnish the City with original eertificates and amendatory endorsements, or copies of the appiicabie insurance language, effecting coverage required by this Agreement. All certificates and endorsements must be received and approved by the City before any work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant's obligation to provide them. The City reserves fhe right to require cc�mplete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time. GERTIFICATE HOLDER ON ALL COI MUST REAQ: CITY C?F MIAMI BEACH c/o EXfGIS Insurance Compiiance Services P.O. Box 947 Murrieta, CA 92564 Kindly submit a(I certificates of insurance, endorsements, and exemption letters to our servicing agent, EXIGIS, at: Certificates-miamibeach(a�riskworks.cam The City of Miami Beach reserves the right to modify these requirements, inciuding limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. Compiiance with the foregoing requirements shall nof relieve Consultant of its liability and obligation under this Section or under any other section of this Agreement. SECTION 7 LITIGATION JURISDICTIONNENUE/JURY TRIAL WAIVER This Agreement shall be construed in accordance with the laws of the State of Florida. This Agreement shall be enforceable in Miami-Dade County, Florida, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for the enforcement of same shall lie in Miami-Dade County, Florida. By J Docusign Envelope ID:7986E216-A4ED-481A-BC61-A72C3B7C0886 Docusign Envelope ID:F6247723-E5F0-448C-BDA2-69FE1EOC9FBE entering into this Agreement, Consultant and the City ex�ressly waive any ric�hts either party may have to a trial by jury of any civil litigation related to or arising out of this Agreernent. SECTION 8 LIMITATION OF CITY'S LIABILITY The City desires to enter into this Agreement only if in so doing the City can place a limit on the City's liability for any cause of action, for money damages due to an alleged breach by the City of this Agreement, so that its liability for any such breach never exceeds the sum of $10,000. Consuitant hereby expresses its willingness to enter inta this Agreement with ConsultanYs recovery from the City for any damage action for breach of contract to be limited to a maximum amount of�1Q,000. Accordingly, and notwithstanding any other term ar condition of this Agreement, Consultant hereby agrees that the City shall not be liable to the Gonsultant for damages in an amount in excess of $10,000 far 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 eisewhere in this Agreement is in any way intended to be a waiver of the limitation placed upon the Citys liability, as set forth in Section 768.28, Florida Statutes. SEG710N 9 DUTY OF CARE(COMPLIANCE WITH APPLICABLE LAWS/PATENT RIGHTS• COPYRIGHT• AND GONFIQENTIAL FINDINGS 9.1 DUTY OF CARE With respect to the performance of the Services contemplated herein, Consuitant shall exercise that degree of skill, care, efficiency and diligence normally exercised by reasonable persons and/or recognized professianals with respect to the performance of comparable work and/or services. 9.2 GOMPLIANCE WITH APPLIGABLE LAWS In its performance of the Services, Consultant shall comply with aii applicable laws, ordinances, and regulations of the City, Miami-Dade County, the State of Florida, and the federal government, as applicable. 9.3 PATENT RIGHTS• COPYRIGHT• CONFIDENTIAL FINDINGS Any work product arising out of this Agreement, as well as all information specifications, processes, data and findings, are intended to be the property of the City and shalf not otherwise be made public and/or disseminated by Consultant, without the prior written consent of the City Manager, excepting any information, records etc. which are required to be disclosed pursuant to Court Order and/or Florida Public Records Law. All reports, documents, articles, devices, and/or work produced in whole or in part under this Agreement are intended to be the sole and exclusive properiy of the City, and shall not be 6 Docusign Envelope ID:798BE216-A4ED-481A-BC61-A72C3B7C0886 Dowsign Envelope ID:F8247723-ESFO-448C-BDA2-69FE1EOC9FBE subject to any application for copyright or patent by or on behalf of the Consultant or its employees or sub-consultants, without the prior written consent of tha City Manager. SECTION 10 GENERAL PROVISIONS 10.1 AUDIT AND INSPECTIONS Upon reasonable verbal or written notice to Consultant, and at any time during normal business hours (i.e. 9AM — SPM, Monday through Fridays, excluding nationally recognized holidays}, and as often as the City Manager may, in hislher reasonable discretion and judgment, deem necessary, there shall be made availabte to the City Manager, and/or such representatives as the City Manager may deem to act on the City's behalf, to audit, examine, and/ or inspect, any and all other documents and/or records relating to all matters covered by this Agreement. Consultant shall maintain any and all such records at its place of business at the address set forth in the "Notices" section of this Agreement. 10.2 tNSPECTOR GENERAL AUDIT RIGNTS (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. 7his 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 conceming 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, (bidlproposal) submittals, activities of the Consultant, 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 Consultant, the Consultant shail make all requested records and documents available to the Inspector General for inspection and copying. The Inspector Generai 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 7 Docusign Envelope ID:798BE21B-A4ED-481A-BC61-A72C367C0886 Docusign Envelope ID:FB247723-E5F0-448C-BDA2-69FE1E�C9FBE project design, bid specifications, (bidlproposal} submittals, activities of the Consultant its officers, agents and employees, lobbyists, City staff and elected officiais to ensure compliance with the contract documents and to detect fraud and corruptian. (D) The Inspector General shall have the right to inspect and copy ail documents and records in the ConsuftanYs possession, custody or control which in the Inspector Generai'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, ali project-related correspondence, memoranda, instructions, financial documents, construction documents, (bid/proposalj and contract documents, back-change documents, alt documents and records which invalve 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 Consultant shall make available at its office at all reasonable times the records, materials, and other evidence regarding the acquisition (bid preparation) and performance of this Agreement, for examination, audit, or reproduction, until three (3) years after final payment under this Agreement or for any longer period required by statute or by other clauses of this Agreement. tn addition: i. If this Agreement is campletely or partially terminated, the Consultanl shall make available records relating to the work terminated until three (3) years after any resulting final termination settlement; and ii. The Consultant 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 Consultant, its officers, agents, employees, subcontractors and suppliers. The Consultant shall incorporate the provisions in this section in all subcontracts and all other agreements executed by the Cansultant 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 Consultant or third parties. 10.3 ASSIGNMENT.TRANSFER OR SUBCUNSULTING Cansultant shall not subcontrac�, assign, or transfer all or any portion of any work andlor service under fhis Agreement without the prior written consent of the Gity Manager, which consent, if given at all, shall be in the Manager's sole judgment and discretion. Neither this Agreement, nor any term or provision hereof, or right hereunder, shall be assignable unless as approved pursuant to this section, and any attempt to make such assignment (unless approved)shall be void. 8 Docusign Envelope ID:798BE21B-A4ED-481A-BC61-A72C367C0886 Oocusign Envelope ID:F6247723-E5F0-448C-BDA2-89FE1EOC9FBE 10.4 PUBLIC ENTITY CRIMES Prior to commencement of the Services, the Consultant shall file a State of Florida Form PUR 7068, Sworn Statement under Section 287.133(3)(a) Florida Statute on Pub�ic Entity Crimes with the City's Procurement Division. 10.5 ND DISCRIMINATIC}N In connection with the perFormance of the Services, the Consultant 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. Additionaily: Consultant shall comply fully with the City of Miami Beach Human Rights Ordinance, codified in Chapter 62 of tiie 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 actuai 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, labar organization membership, familial situation, or political affiliation. 10.6 CONFLICT OF INTEREST Consultant herein agrees to adhere to and be governed by all applicable Miami-Dade County Conflict of Interest Ordinances and Ethics provisions, as set forth in the Miami-Dade County Code, as may be amended from time to time; and by the City of Miami Beach ChaRer and Code, as may be amended from time to time; both of which are incorporated by reference as if fully set forth herein. Consultant covenants that it presently has no interest and shali not acquire any interest, directly ar indirectly, which could conflict in any manner or degree with the performance of the Services. Consultant further covenants that in the performance of this Agreement, Consultant shall not employ any person having any such interest. 1Q.7 CONSULTANT'S COMP�IANCE WITH FLORIDA PUBLIC RECQRDS LAW (A) Consultant 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 sofiware, or other materiai, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business of the City. (C) Pursuant to Section 119.0701 of the Florida Statutes, if the Consultant meets the definition of"Contractor" as defined in Section 119.0701(1)(a), the Consultant 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 aliow the records to be inspected or copied 9 Docusign Envelope ID:798BE21B-A4ED-481A-BC61-A72C367C0886 Docusign Envelope ID:F8247723-E5F0-448C-BDA2-89FE1EOC9FBE 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 pubiic records disclosure requirernents are not disclosed, except as authorized by law, for the duration of the contract term and following completion of the Agreement if the Consuitant 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 Consultant or keep and maintain public records required by the City to perform the service. If the Consultant transfers all public records to the City upon completion of the Agreement, the Consultant shall destroy any duplicate public records that are exempt or confidential and exempt from pubiic records disclosure requirements. if the Consultant keeps and maintains public recards upon completion of the Agreement, the Consultant shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the Ciry, upon request from the City's custodian of public records, in a format that is compatible with the information technology systems of the City. (D) REQUEST FOR RECORDS; NONCOMPLIANCE. (1) A request to inspect or copy public records relating to the City's contract for services must be made directly to the City. If the City does not possess the requested records, the City shall immediately notify the Consultant of the request, and the Consultant must provide the records to the City or allow the records to be inspected or copied within a reasonable time. (2) Consultant's failure to comply with the City's request for records shall constitute a breach of this Agreement, and the City, at its sole discretion, may: (1) unilaterally terminate the Agreement; (2) avail itself of the remedies set forth under the Agreement; and(or(3)avail itself of any available remedies at law or in equity. (3) A Consultant who fails to provide the public records to the City within a reasonable time may be subject to penalties under s. 119.10. (E) CIVIL ACTION. (1) If a civil action is filed against a Consultant to compel production of public records relating to the City's contract for services, the court shall assess and award against the Consultant the reasonable costs of enforcement, including reasonable attorneys' fees, if: a. The court determines that the Consuitant unlawfully refused to comply with the public records request within a reasonable time; and b. At least 8 business days before filing the action, the plaintiff provided written notice of the public records request, inciuding a statement that the Consultant has not complied with the request, to the City and to the Consultant. (2) A notice complies with subparagraph (1)(b) if it is sent to the City's custodian of public records and to the Consultant at the ConsuitanYs address listed on its contract with the City or to the Consultant'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 Consultant who complies with a public records request within 8 business days after the notice is sent is not liable for the reasonable costs of enforcement. 10 Docusign Envelope ID:798BE216-A4ED-481A-BC61-A72C367C0886 Docusign Envelope ID:FB247723-E5F0-448C-BDA2-89FE1EOC9FBE (F) IF THE CONSULTANT NAS QUESTIONS REGARDING THE APPLICATION OF CNAPTER 119, FLURIDA STATUTES, OR AS TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: CITY OF MIAMI BEACH ATTENTION: RAFAEL E. GRANADO, CITY CLERK 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 E-MAIL: RAFAELGRANADOCa�MIAMI6EACHFL.GOV PHON E: 305-673-7411 10.8 FORCE MAJEURE (A) A "Force Majeure" event is an event that (i) in fact causes a delay in the performance of the Consultant or the City's obligations under the Agreement, and (ii) is beyond the reasonable control of such party unable to perform the obligation, and (iii) is not due to an intentional act, error, omission, or negligence of such party, and (iv) could not have reasonably been foreseen and prepared for by such party at any time prior to the occurrence of the event. Subject to the foregoing criteria, Force Majeure may inciude 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 ConsultanYs 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 occ�rrence of a Force Majeure event is a condition precedent to allowance of any relief pursuant to this section; however, receipt of such notice shatl 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 obtigations 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 11 Docusign Envelope ID:7986E21B-A4ED-481A-BC61-A72C3B7C0886 Docusign Envelope ID:FB247723-E5F0-448C-0DA2-69FE7 EOC9FBE continue to perform its obligations hereunder to ti�e 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 ail 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 obiigation to pay money in a timely manner for obligations and liabilities which matured prior to the occurrence of a Force Ntajeure event shail not be subject to the Force Majeure provisions. (E) Notwithstanding any other provision to the contrary herein, in the event of a Force Majeure occurrence, the City may, at the sole discretion of the City Manager, suspend the City's payment obligations under the Agreement, and may take such action without regard to the notice requirements herein. Additionally, in the event that an event of Force Majeure delays a party's performance under the Agreement for a time period greater than thirty (30) days, the City may, at the sole discretion of the City Manager, terminate the Agreement on a given date, by giving written notice to Consultant of such termination. If the Agreement is terminated pursuant to this section, Consultant shall be paid for any Services satisfactorily performed up to the date of termination; following which the City shall be discharged from any and all liabilities, duties, and terms arising out of, or by virtue of, this Agreement. In no event will any condition of Force Majeure extend this Agreement beyond its stated term. 10.9 E-VERIFY (A) To the extent that Consultant provides labor, supplies, or services under this Agreement, Consultant 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, Consultant shall register with and use the E- Verify system to verify the work authorization status of all newly hired employees during the Term of the Agreement. Additionally, Consultant shall expressly require any subconsultant 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 subconsultant. If Consultant enters into a contract with an approved subconsultant, the subconsultant must provide the Consultant with an aNdavit stating that the subconsultant does not employ, contract with, or subcontract with an unauthorized alien. Consultant shall maintain a copy of such affidavit for the duration of this Agreement or such other extended period as may be required under this Agreement. (B) TERMINATION RIGHTS. (1) If the City has a good faith belief that Consultant has knowingly violated Section 448.09(1}, Florida Statutes, which prohibits any person from knowingly employing, hiring, recruiting, or referring an alien who is not duly authorized to work by the immigration laws or the Attorney General of the United States, the City shall terminate this Agreement with Consultant for cause, and the City shall thereafter have or owe no further obligation or liability to Consultant. 12 Docusign Envelope ID:7986E216-A4ED-481A-BC61-A72C367C0886 Docusign Envelope ID:FB247723-E5F0-448C-BDA2-B9FE1EOC9FBE (2) If the City has a good faith belief that a subconsultant has knowingly violated the foregoing Subsection 10.9(A), but the Cansultant otherwise complied with such subsection, the City will promptiy notify the Consultant and order the Consultant to immediately terminate the contract with the subconsultant. Gonsultant's failure to terminate a subconsultant 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 pf contract and may not be considered as such. (4} The City or Consultant or a subconsultant may file an action with the Circuit or County Court to challenge a termination under the foregoing Subsection (B)(1)or (B)(2) no later than 20 calendar days after the date on which the contract was terminated. (5) If the City terminates the Agreement with Consultant under the foregoing Subsectian (B){1}, Consultant may not be awarded a pub(ic contract for at least 1 year after the date of termination of this Agreement. (6) Consultant is liable for any additional costs incurred by the City as a result of the termination of this Agreen�ent ur�der this Section 10.9. 1Q.10 CONSULTAN7'S CC?MPLIANGE WITH ANTI-HUMAN TRAFFICKING LAWS Consultant agrees to comply with Section 787.06, Florida Statutes, as may be amended from time to time, and has executed the Anti-Human Trafficking Affidavit, containing the certification of compliance with anti-human trafficking laws, as required by Section 787.06(13), Florida Statutes, a copy of which is attached hereto as Exhibit B. 10.11 PRQHIBITION ON CONTRACTING WITH A BUSINESS ENGAGING IN A BOYCOTT Consuitant warrants and represents that it is nat currentiy engaged in, and will not engage in, a boycott, as defined in Section 2-375 of the Gity Code. !n accordance with Section 2-375.1(2)(a) of the City Code, Consuftant hereby certifies that Consultant is not currently engaged in, and for the duration of the Agreement, will not engage in a boycott of Israel. 10.12 PF20HIB1TION C?N Ct3NTRACTING WITH AN INDIVIDUAL OR ENTITY WHICH HAS PERFORMED SERVICES F�R COMPENSATION TO A CANDIDATE FOR CITY ELECTED OFFICE Consultant warrants and represents that, �Nithin two (2) years prior to the Effective Date, Consuitant has not received compensation for services performed for a candidate for City elected office, as contemplated by the prohibitions and exceptions of Sectian 2-379 of the City Code. For the avoidance of doubt, the restrictions on contracting wifh the City pursuant to Section 2- 379 of the City Code shall not apply to the foliowing: (a) Any individual or entity that provides goods to a candidate for office. (bj Any individual or enfity that provides services ta a candidate for o�ce if those same services are regularly performed by the individual or entity in the ordinary caurse 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 suRR�Y vendors. 13 Docusign Envelope ID:7986E21B-A4ED-481A-BC61-A72C367C0886 Docusign Envelope ID:F6247723-E5F0-448C-BDA2-69FE1EOC9FBE (c) Any individual or entity which performs ticensed professional services (including for example, legal or accounting services). 10.13 PROHIBITION AGAINST CONTRACTING WITH FOREIGN COUNTRIES OF CONCERN WHEN AN INDIVIDUAL'S PERSONAL IDENTIFYING INFORMATION MAY BE ACCESSED Consultant hereby agrees to comply with Section 287.138, Florida Statutes, as may be amended from time to time, which states that as of January 1, 2024, a governmental entity rnay not accept a bid on, a proposal for, or a reply to, or enter into, a contract with an entity which would grant the entity access to an individual's personal identifying information (PII), unless the entity provides the governmental entity with an affidavit signed by an officer or representative of the entity under penalty of perjury attesting that the entity does not meet any of the criteria in Paragraphs 2(a)-(c) of Section 287.138, Florida Statutes: (a) the entity is owned by a government of a foreign country of concern; (b) the government of a foreign country of concern has a controlling interest in the entity; or (c) the entity is organized under the laws of or has its principai place of business in a foreign country of concern (each a "Prohibited Entity"). A foreign country of concern is defined in Section 287.138 (1)(c), Fiorida Statutes, as may be amended from time to time, as the People's Republic of China, the Russian Federation, the Islamic Republic of Iran, the Democratic People's Republic of Korea, the Republic of Cuba, the Venezuelan regime of Nicolas Maduro, or the Syrian Arab Republic, including any agency of or any other entity of significant contro! of such foreign country of concern. Additionally, beginning July 1, 2025, a governmental entity may not extend or renew a contract with a Prohibited Entity. Consultant warrants and represents that it does not fall within the definition of a Prohibited Entity, and as such, has caused an authorized representative of Consultant to execute the "Prohibition Against Contracting with Entities of Foreign Countries of Concern AffidaviY', incorporated herein by reference and attached hereto as Exhibit C. SECTION 11 NOTICES All notices and comrl�unications in writing required or permitted hereunder, shall be delivered personally to the representatives of the Consultant 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. Until changed by notice, in writing, all such notices and communications shall be addressed as foilows: TO CONSULTANT: Raquel Perez Senior Director of Partnerships&Growth 2904 Floyd Street, Suite A, Dallas, TX, 75226 rperez@commonthreads.org TO CITY: Dr. Leslie Rosenfeld Chief Education and Performance Initiatives Officer City of Miami Beach 1700 Convention Center Drive, Miami Beach, FL 33139 14 Docusign Envelope ID:7986E21B-A4ED-481A-BC61-A72C367C0886 Docusign Envelope ID:FB247723-ESFO-448C-BDA2-89FE1EOC9FBE Notice may also be provided to any ather address desiynated by the party to receive notice if sucf� alternate address is provided via U.S. certified mail, return receipt requested, hand delivered, or by overnight delivery. In the event an alternate notice address is properly provided, notice shall be sent to such alternate address in addition to any other address which notice would otherwise be sent, unless other delivery instruction as specifically provided for by the party entitled to notice. Notice shall be deemed given on the date of an acknowledged receipt, or, in all other cases, on the date of receipt or refusal. SECTION 12 MISCELLANEOUS PROVIS{ONS 12.1 CHANGES AND ADDITIONS This Agreement cannot be modified or amended without the express written consent of the parties. No modification, amendment, or alteration of the terms or conditions contained herein shail be effective unless contained in a written document executed with the same formality and of equai dignity here�vith. 12.2 SEVERABILITY If any term or provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall not be affected and every other term and provision of this Agreement shali be valid and be enforced to the fuilest extent permitted by law. 12.3 WAIVER OF BREACH A party's failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision or modification of this Agreement. A party's waiver of any breach of a provision of this Agreement shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Agreement. 12.4 JOINT PREPARATION The parties hereto acknowledge that they have sought and received whatever competent advice and counsel as was necessary for them to form a full and complete understanding of all rights and obligations herein and that the preparation of this Agreement has been a joint effort of the parties, the language has been agreed to by parties to express their mutual intent and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the parties than the other. 12.5 ENTIRETY OF AGREEMENT The City and Consultant agree that this is the entire agreement between the parties. This Agreement supersedes all prior negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained herein, and there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in this document. Title and paragraph headings are for convenient reference and are not intended to confer any rights or obligations upon the parties to this Agreement. 15 Docusign Envelope ID:798BE216-A4ED-481A-BC61-A72C387C0886 Docusign Envelope ID:F6247723-ESFO-448C-BDA2-B9FEtE0C9FBE IN WtTNESS WNEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first entered above. FOR CITY: CITY OF MIAMI BEACH, FLORIDA ATTEST: DS Initial DocuSigned by: ) � � 9� �Up � - __ �.G�, �. GV'cUn.a.d.b E3y: _/r f� �`(, _�_--- R �a���c�, City Clerk Eric T. Carpe er, City Manager Date:4/6/2026�9:45 AM EDT FOR CONSULTANT: COMMON THREADS INCORPORATED ATTEST: sipncd by: DocuSigned by: -------- BY _ ��� �� (�'��,c,� R �a� J �i �9�Q�7��efe 3/zo/zoz6 I z:so PM cor Senior Qirector of Partnerships & Growth Chief Executive Officer Date: 3/20/2026 ( 11:22 AM CDT APPROVED AS TO FORM & �ANGUAGE & FOR EXECIJTION !"�`�'S�c1t_�'� � 1, City Attorney �. . Da e 1"3 16 Docusign Envelope ID:798BE216-A4ED-481A-BC61-A72C367C0886 Docusign Envelope ID:F8247723-E5F0-448C-BDA2-89FE1EOC9FBE EXHIBIT A SCUPE C?F SERVIGES Common Threads is a national leader in enhancing community health through the power of nutrition and food. For over two decades, the nonprofit has been addressing the often-neglected connection between nutritian and overall weil-being by providing nutrition educatian, cooking skills training, and food access. Understanding that hunger and nutrition knowledge ar� both expressions of our nation's food access challenges, we pair access to healthy snacks and meals with evidence-based, culturally responsive cooking and nutrition classes. Pragram Descriptian The p�ogram (the "Program"�, which will include Cooking SkiUs and Worid Cuisine lessans, Family Cooking lessons, Ask a Chef Sessions (for Caregivers), and a Professional Development Session will promate nutrition, healthy eating and an overali healfhy lifestyle among participants. Through this mix of programs, Gommon Threads will reach up to 250 adults and children in total. Cooking 5kitis &Wartd Cuisine Common Threads wiN implement twenty (2U) Cooking Skills and World Cuisine lessons (2 ten-week sessions) that wil! reach up to 40 total youth participants at two Program sites in Miami Beach. Common Threads will provide: . Trained chef instructor to facilitate program for up to 2Q youth participants per session; . 20 two-hour lessans on global cooking and nutrition; • Groceries and Sundries (pfates, napkins, cups, cutlery, etc. (no Styrofoam al{owed per City ordinance}; and . Passport workbook for each youth participant. The Cifv's obliqafrons are as follaws: . Provide 4 adult volunteers per lesson; • Provide class set of cooking equipment (see below for the list of necessary equipment); . Enroll all participants and obtain written consents for all youth participants; • Prepare and disseminate promotionai materials for the Program; and • Provide a City Facifity> or through a virtuaf session scheduled by the City. Family Cooking Classes Common Threads will implement five (5) Family Cooking lessons with the potential to reach up to 9� total parkicipants (adults + children in grades 3-8). 17 Docusign Envelope ID:7986E21B-A4ED-481A-BC61-A72C367C0886 Docusign Envelope ID:F8247723-E5F0-448C-8DA2-B9FEtE0C8F8E Cammoi7 Threads vvill provrde: • Trained chef instructor to facilitate program for up to 6-7 families (18 people maximum); • 5 two-hour lessons; • Groceries and Sundries (plates, napkins, cups, cutlery, etc. (no Styrofoam allowed per City ordinance); and • Workbook for each family. The Citv's obliaations are as follows.� • Provide class set of cooking equipment (see belaw for the list of necessary equipment); • Enr�ll all participants and obtain consents for all youth participants; and • Prepare and disseminate promotional materials for the Program. Ask a Chef Our "Ask A Chef' cooking demos are geared toward family participation and feature nutrition tips and kitchen skills. This program engages adults/caregivers and encourages healthy eating habits at home and in the community at large. Common Threads will implement four (4) Ask a Chef sessions with the potential to reach up to 100 participants (adults/caregivers). Common Threads wi!!provide: • Trained chef instructor to facilitate program for 25 up to caregiver/adult participants per session; • 4 one-hour sessions; and • Groceries and Sundries (plates, napkins, cups, cutlery, etc. no Styrofoam aliowed per City ordinance). The Citv's obligations are as follows: • Provide class set of cooking equipment (see below for the list of necessary equipment); • Enroll all participants and obtain consents for all youth participants; and . prepare and disseminate pramational materials for the Program. Nutrition 8� Wellness Trainings Nutrition and wellness fraining are stand-alone trainings that can be offered in a one-off or series-based schedule. They are ideal for organizations interested in promoting wellness among their educators. Nutrition and wellness trainings aim to increase educator nutrition knowledge and culinary skills for both their teaching and personal practices. Topics include: Nutrition 101, Good For You Groceries, Nutrition & The Brain, Meal Planning, Healthy Heart, and Mindful Eating. Common Threads will implement one (1} Professional Development training session for approximately 20 City recreational leaders. Common Threads will provide: • 1-hour in-person led by Common Threads Chef and Trainer (City can choase for a menu of training topics); and • Digital access to the TEACH portal (online nutrition education platform). 18 Docusign Envelope ID:7986E216-A4ED-481A-BC61-A72C387C0886 Oocusign Envelope ID:FB247723-E5F0-448C-BDA2-B9FE1EOC9FBE The Cify's obliqafions: • Prepare and disseminate promotianal materials for the Program. Totai Cost for the Partnership The total cost for all programs will be: $17,675.77. 7he Fee shall be payable upon project completion, and receipt of an invoice and report from Consultant, as more paRicularly detailed in the Agreement. Cooking Skills and World Cuisine and Family Cooking Class Materials The Crty is responsible for providing the following items based on the programs they wil/be receivin . ltems can be shared befween the ro rams. Equipment Per Cfass Cooking Skills and World Cuisine F—�mily Cooking (2 classes, 10 lessons each} Class (5 sesslons) Kitchen with preparation 1 I 1 space Classroom Space 1 1 Oven 1 1 Stovetops or Electric 4 4 Burners (total of 4 burners) Blender or Food Processor 1 1 Liquid Measuring Cup 4 6 Sets of Dry Measuring Cups 4 6 Sets of Measuring Spoons 4 6 Tongs 4 6 Potato Masher 2 0 Vegetable peelers 4 4 Mixing spatulas 4 6 Wooden spoons 4 6 19 Docusign Envelope ID:798BE216-A4ED-481A-BC61-A72C3B7C0886 Docusign Envelope ID:FB247723-E5FQ-448C-BDA2-69FE1EOC9FBE Can Opener 1 1 Fuil or Nalf sheet trays 4 6 Mixing Bowls (Set= Large, 4 6 Medium, 5mall) Saucepan (4 quarts} 4 2 Saute Pans (at least 10 4 6 inches wide) Stock Pot(at least 8 quarts} 4 2 Aluminum Foit 100 yards 50 yards Parchment Paper 50 yards 50 yards Paper towels 25 Rolis 6 Rolls Dish soap (64 oz.) 2 1 Hand soap (64 oz.) 2 1 Sponges (package of 2-4) 2 2 Knives (pravidad by 8 8 Cammon Threads) Cutting Boards (provided by 12 12 Common Threads) 20 Docusign Envelope ID:798BE216-A4ED-481A-BC61-A72C367C0886 Docusign Envelope ID:F8247723-E5Fp-448C-BDA2-69FE1EOC9FBE EXHIBIT C PROHtBIT10N AGAtNST CONTRACT(NG WITH FOREtGtd COUNTRIES OF CONCERN AFFlDAViT !n acxordance with Section 287.138, Fforida Statutes, incorparated herein by reference, the undersigned, on behalf of Consuttarrt, hereby attests under penaity of perjury ihat Consuitant does nat meet any of the following criteria in Paragraphs 2(a}-(c)of Section 287.138, Florida Statutes: (a) Cansultant is owned by a govemment of a foreign country of concem; (b) the govemment of a foreign country of concem has a controlling interest in Gonsultant; or(c)Consultant is organized under the laws of or has its principal place of business in a fareign country of concem. 1 understand that 1 am swearing ar affirming under oath, under penalties of perjury, to the truthfulness of the claims made in this affidavit and that the punishment for knowingiy making a false statement includes fines and/or imprisonment. The undersigned is authori2ed to execute this affidavit on behalf of Consultant. CONSULTANT: C mmon Threads, a^,nonprofit�corporation. � x �x l P.O. Box 163930 Austin TX 78716 Plame itle: Linda N vick-O'Keefe CEO Address State of Texas Gounty of Travis The foregoing instrument was acknowledged befnre me by means of❑ physical presence or❑ online notarization, this t.Q-�� day of �f, Gi_r�t 2026 by �.�n(�4► t�l�u'�ck_. b` L , as _El� of �.�t'�t mo n �h r-rQ d S , a�1ovl�►"��- corporation, known to me to be the person described herein, ar who produced as identfication, and who did/did not take an oath. NOTARY PUBLIC: 4 � � ���/"� -�-L�y- ture) Vl t � • �(�1c ��"�S � Apr(1 R Maestas �Pf t Name) � My Commleslon Expinc ' • 7130l2048 � ����� ` Notary ID 10329995 My commission expires: Docusign Envelope ID:7986E216-A4ED-481A-BC61-A72C367C0886 Docusign Envelope ID:F8247723-E5F0-448C-BDA2-69FE1EOC9FBE EXHIBIT B ANTf-HUNAAN TRAFFICKING AFFIDAVIT In accordance with Section 787.06 (13), Fiorida Statutes, the undersigned, on behalf of Consuitant hereby attests under penalty of perjury that Consuitarrt does not use coercion for labor or services as deflned in Section 787.06, Florida 5tatutes,entitied "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 fafse statement includes fines and/or imprisonment. The undersigned is authorized to execute this affidavit on behalf of Consultant. CONSULTANT: Commo Threads, a nonprofit_co Q ation. /}, x W � 'f C'�t�L`� .O. Box 163930 Austin TX 78716 Name/Title: Linda No ick-O'Keefe, CEO Address State of Texas County of Travis The foregoing instrument was acknowledged before me by means of 0 physical presence or D online notarization, this (� day of � _ 2026 by L►i�0� T.�o U I C� t')`��-�C as �_' �O , of C�mrno r� �hc-���, a ►�loh���" corporation, known to me to be the person described herein, or who produced as identfication, and who did/did not take an oath. NOTARY PUBLIC: . � nature) �b v'► 1 � . M a�� ,�_ (Pri �t Name) �� April R Maestas My Commiscion Explres • 7/30I2028 My commission expires? 3D a8 �yF„ Notery lD 10348995 Docusign Envelope ID:7986E216-A4ED-481A-BC61-A72C367C0886 Docusign Envelope ID:FB247723-E5F0-448C-8DA2-B9FE1EOC9FBE A/��� DATE(h1MlDDlVYYY) �� CERTIFICATE OF LIABILITY INSURANCE s;s�zozs THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVE�Y AMEND, EXTEND OR AITER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: if the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endo►sed. if SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer r( hts to the certiflcate holder tn Ueu of such endorsement(s). PRODUCER ONTA T NnME___Larry 5ue Dunn,CISR Higginbotham Insurance Agency, Inc. PHONE -- ------,F,,X 1221 S. Mopac Expressway, Suite 160 liuc.no.e,cU 817-347 6616 .Lc,No1:817-347-6981 ___ E-MAIL Austin TX 78746 nooREss: LDunn ahigginbotham.net _ _ — - --�- _ _ INSURE�S)AFFORDINGCOVERAGE NAIGp iNsuRertn:Berkiey Regional Insurance Company _29580 __ _ - —- __ ----- --- INSURED CCMMTHR-07 i Common Thfeads iNsuaeR e:ACE American Insurance Company__ , 22667 PO Box 163930 iysuREa c Arch Insurance Company � 11150 -- .. Austin TX 78716 iNsuaea o�Kinsale Insurance Company _ 38920 — _ - --� --- INSURER E: ' .. . . . . ... .. . _._...--- _...___--__—- INSURER F: �I COVERAGES CERTIFICATE NUMBER:363832926 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONOITIONS OF SUCH POLICIES.LIM1IITS SHOWN MAY HAVE BEEN REDUCED BY PAfO CLAIMS. -- __ ___— —__ . __ INSR -� � �ADDL SUBR - --- - � � POLICV EFF � POLICY EXP i � LIMITS �7R TYPE Of INSURANCE POUCY NUMBER ' MMIDDlYYYY MM/ODlY A �� X �COMMERCIAIGENERALLIABILITY � HHN857492718 12/9f2025 12/9/2026 ��EpCHOCCURRENCE 51.000,000 � .��..._. _._ : _ .._----------- � '�J� �i x �OCCUR �. i , iPREM18ES�(EaEoctu�ncel �S 100.000 _ CLAIMS•t�W DE � �. I � i MED EXP(Any one person) j S 5,000 I J __ __ __ _ i PERSONALBADVINJURY �51,000,000 �GENi AGGREGATE LIPdiT APPLIES PER: �GENERAL AGGREGATE 1 S 3.000,000 . ,.__.� � _. ____ __._ . X POLICY �'PRC- ' X ;LOC '��� i PRODUCTS-COMPIOP AGG ��S 3,000,000 ,._. . .. I JECT , , � . _.__.__...___.—__— _.—_____ OTHER: � I I S A AUTOMOBILELIABILITY MBIN DSIN LEUMIT IS1.000.000 'NHN857442718 ' 12/9/2025 12/9/2026 h(Ea acddent) ANY i.UTO ; 1 BOOILY INJURV Per person) I S � � � � c �OWNED r �SCHEDULED i : , BODILYIWURY(Peraccident) $ � � AUTOSONLY _.;AUTOS , �� ��. F I —______ , x HIRED X t�ON-0WNED ' � � .5 AUTOS ONLY ,__;AUTOS ONLV ,� : I ���OP�E�Ra DA�dAGE —1__—__ _. --- ---- � I � � � S � �I X UMBRELLALIAB ' _X i OCCUR I � 0100416619-0 12/11/2025 ',.� 1 211 1/20 2 6 �,EACHOCCURRENCE .55.000,000 �, �EXCESS LIAB :CLAIMS-MADEI � �' AGGREGATE 5 5,000,000 ;_...- - . __ . . . I ��. :—. _ .____ ._-_-___._—' DEG 'RETENTiC`�S I � � S �WORKERSCOMPENSATION , ' � ��.PER OTH- �� '�AND EMGLOYERS'LIABILI7Y �. ', __�STATUTE _ER_,__ ANVPROPRIETOWPAR��'."R,"eXECUTIVE Y�I '�. � ' _.L EACH ACCIDENT i 5 OFFiCERildEtdBEREXC UDED? N�AI I �� � —_Y ESCRIPTION OF OPERATIONS below I I I �! 'E.l..DISEASE-POLICY lIM1T S �( anda�ory in NH) � c.L.DISEASE_-_E_A Eh7PL_OYEE �D es,descnbe under � I '.S � B .CyberUabihry '. D94670706 , 12/912�25 ' 12/9l2026 iEachlAgyregate I. 1M/1M C D30-Retenuon 5z,50o , NFP0132732-08 12/9l2D25 ' 12/9/2026 EaUVAgprepate 2M/2M A 'Profesvonal Liab�l�ry ��� , ' HHN657492718 � 12/912D25 �',. 12/912026 �I,EaWABe �.. 1M/3M11 DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICIES(ACORD 101,Atlditional Ramarks Schetlule,may be attachetl if more sDaca is requiretl) "Sexual Abuse 8 Molestation Policy written thru Berkley Regional Insurance Policy#HHN857492718 Policy Dates'I219/2025 to 12l9/2026 Limit Each Occurcence-51.000,000.Aggregate-53,000.0�0 "Crime coverage included within the Policy#HHN857492718 Policy Dates 12(9/2025 to 12I9I2026�vritten thru Berkley Regional Insurance-510,000 Employee Theft with a 51,000 deductible.550.000 Forgery and Alterations 51,0�0 deductible 55,000 inside premises theft of monies and securities S1.000 deductible 8 S5,000,outside premises theit of monies and securities 5�,000 deductible. The General Liability and Automobile Liability policies include a blanket automatic additional insured endorsement that provides additional insured status to lhe See Attached... CERTIFICATE HO�DER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILI BE DELIVERED IN City of Miami Beach ACCORDANCE WITH THE POLICY PROVISIONS. Go EXIGIS Insurance Compliance Services P.O. Box 947 AUTHORIZEOREPRES,ENTATIVE Murneta CA 92564 I����� �O 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD THIS CERTIFICATE SUPERSEOES PREVIOUSLV ISSUED CERTIFICATE Docusign Envelope ID:798BE21B-A4ED-481A-BC61-A72C367C0886 Docusign Envelope ID:F8247723-E5f0-448C-BDA2-69FE1EOC9FBE AGENCY CUSTOMER ID: COMMTHR-01 LOC#: `���� ADDITIONAL REMARKS SCHEDULE Page � ot � AGENCV NAMEDINSURED Higgin6otham Insurance Agency,Inc. Common Threads PO Box 763930 COLICV NUMBER Austin TX 78716 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE certificate holder only when there is a written contract between the named insured and the certificate holder that requires such status. The General Liability and Automobile Liability policies indude a blanket automatic waiver of subrogation endorsement that provides this feature to the certificate holder only when there is a written contract behveen the named insured and the certificate holder that requires such provision. The General Liability and Auto Liability policies include a blanket Primary&Non-Contributory endorsement that applies to the certificate holder only when there is a written contract between the named insured and the certificate holder[hat requires such provision. Umbrella Liability policy follows form provided by undeMying insurance(General Liability and Auto Liability) Certificate holder is complete to inGude:Owner and any other enlity required by written contract ACORD 101 (2008/01) �O 2008 ACORD CORPORATION. Ali rights reserved. The ACORD name and logo are registered marks of ACORD Docusign Envelope ID:7986E216-A4ED-481A-BC61-A72C367C0886 PolicV#HHN857492718 Docusign Envelope ID:FB247723-E5F0-448C-BDA2-69FE1EOC9FBE COMMERCIAL GENERAL LIABILITY CG83911219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ CAREFULLY. GENERAL LIABILITY BROADENING ENDORSEMENT This endorsement modifies the insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Throughout this endorsement,the words"you"and"your refer to the Named Insured shown in the Declarations. The word "we,""us,"and"our"refer to the company providing this insurance. The following is only a summary of the additional coverages provided by this endorsement and is provided only for your reference and convenience. For the Limits of Insurance and the additional coverages provided by this endorsement, read the provisions on the foilowing pages and the Coverage Form, which this endorsement modifies. SUBJECTS OF INSURANCE Broadened Bodily Injury Broadened Personal and Advertising Injury Broadened Property Damage Broadened Fire,Lightning, Explosion,and Sprinkler Leakage-$500,000 Broadened Medical Payments-$20,000 Broadened Suppiementary Benefits a. Bail Bonds-$1,000 b. Expenses Incurred to Assist in Defense-$500 per Day Broadened Newly Acquired or Formed Organization Broadened Non-Owned or Chartered Watercraft or Aircraft Broadened Commercial General Liability Conditions a. Duties in the Event of Occurrence, Offense, Claim, or Suit b. Liberalization—Automatic Coverage If We Adopt Broader Coverages c. Notice to Company Automatic Coverage for"Special Events" Automatic Additional Insureds a. Athletic Activity Participants b. ContractualObligations c. Funding Sources d. Manager or Lessor of Premises e. Owner, Manager, Operator, or Lessor of"Special Event"Premises f. Supervisors or Higher in Rank—Co-Employee Exclusion Removed g. Limitations Blanket Waiver of Subrogation Priority of Application for Multiple Insureds The coverages listed in this endorsement are provided as extensions or additions to your insurance program. CG 83 91 12 19 Includes copyrighted material of Insurance Services Page 1 of 8 Office, Inc.,with its permission Docusign Envelope ID:798BE21B-A4ED-481A-BC61-A72C3B7C0886 Docusign Enveiope ID:F624�723-ESFO-a48C-BDA2-B9FE1EOC9FBE A. BROADENED BODILY INJURY Paragraph 3.of Section V—Definitions is deleted and replaced with the following: 3. "Bodily injury" means physical injury, sickness,or disease sustained by a person, including death resulting from any of these. "Bodily injury"aiso means mental injury, mental anguish, humiliation, or shock sustained by a person, if directly resulting from physicai injury, sickness, or disease sustained by that person. B. BROADENED PERSONAL AND ADVERTISING INJURY 1. Paragraph 14. of Section V-Definitions is deleted and replaced with the following: 14. "Personal and advertising injury"means injury, inGuding consequential"bodily injury"arising out of one or more of the following offenses during the policy period. a. False arrest, detention,or imprisonment; b. Malicious prosecution or abuse of process; c. The wrongful eviction from,wrongful entry into,or invasion of the right of private occupancy of a room,dwelling,or premises that a person occupies by or on behalf of its owner,landlord,or lessor; d. Oral,written,televised,videotaped, or electronic publication of material that slanders or libels a person or organization, or disparages a person's or organization's goods, products, or services; e. Oral, written, televised, videotaped or electronic publication of material that violates a person's right of privacy; f. Misappropriation of advertising ideas or style of doing business; g. Infringement of copyright, title,or slogan; or h. Mental injury, mental anguish, humiliation,or shock, if directly resulting from Items 14.a.through 14.g. above. 2. Exclusions 2.b.and 2.c.under Coverage B-Personal and Advertising Injury Liability are defeted and replaced with the following: b. Material Published with Knowledge of Falsity "Personal and advertising injury"arising out of oral, written, televised, videotaped, or electronic publication of material, if done by or at the direction of the insured with knowledge of its falsity; c. Material Published Prior to Policy Period "Personal and advertising injury"arising out of oral,written, televised, videotaped, or electronic publication of material whose first publication took place before the beginning of the policy period; C. BROADENED PROPERTY DAMAGE Exclusion 2.a.under Coverage A -Bodily Injury and Property Damage Liability is deleted and replaced with the following: a. Expected Or Intended Injury "Bodily injury"or"property damage'expected or intended from the standpoint of the insured.This exclusion does not apply to"bodily injury"or"property damage" resulting from the use af reasonable force to protect persons or property. D. BROADENED FIRE, LIGHTNING, EXPLOSION AND SPRINKLER LEAKAGE 1. Paragraph 6. under Section III-Limits Of Insurance is deleted and replaced with the following: 6. Subject to 5,above,the Damage to Premises Rented to You Limit is the most we will pay under Coverage A for damages because of"property damage"to: a. Any one premises while rented to you,or in the case of damage by fire, while rented to you or temporarily occupied by you with permission of the owner; and b. Personal property of others in your care, custody, or control,while at premises rented to you or in the case of damage by fire,while rented to you or temporarily occupied by you with permission of the owner, ansing out of any one fire, lightning, explosion,or sprinkler leakage occurrence. Page 2 of 8 Includes copyrighted matenal of Insurance Services CG 83 91 12 19 Office, Inc.,with its permission Docusign Envelope ID:7986E216-A4ED-481A-BC61-A72C367C0886 Docusign Envelope ID:F8247723-E5F0-448C-BDA2-89FEtE0C9FBE The Damage to Premises Rented to You Limit is the greater of: c. $500,000;or d. The amount shown in the Declarations for Damage to Premises Rented to You Limit. 2. Paragraph 2. Exclusions of Coverage A-Bodily Injury and Properry Damage Liability is amended as follows: Paragraphs c.through n., do not apply to damage by fire, lightning, explosion,or sprinkler leakage to premises while rented to you or temporarily occupied by you with permission of the owner.A separate limit of insurance applies to this coverage as described in Section 111-Limits Of Insurance. 3. Paragraph 4.Other Insurance of Section IV-Commercial General Liability Conditions is amended as follows: Paragraph b.(1)(a)(ii)is deleted and replaced with the following: (ii) That is Fire, Lightning, Explosion,or Sprinkler Leakage insurance for premises rented to you or temporarily occupied by you with permission of the owner;or 4. Paragraph 9.a.under Section V-Definitions is deleted and replaced with the following: a. A contract for a lease of premises. However,that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion or sprinkler leakage to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contracY': 5. This Broadened Coverage is subject to all the terms of Section III-Limits Of Insurance. 6. This Broadened Coverage does not apply if Fire Damage Liability of COVERAGE A(SECTION I)is excluded either by the Declaration to this Coverage Part or by an endorsement to this Coverage Part. E. BROADENED MEDICAL PAYMENTS 1. The following provision is added to Paragraph 2. of Section III-Limits Of Insurance: The Medical Expense Limit shall be the greater of: a. $20,000;or b. The amount shown in the Declarations for Medical Expense Limit. 2. This Medical Expense Limit is subject to all the terms of Section 111-Limits Of Insurance. 3. This above Medical Expense Limit does not apply if Coverage C-Medical Payments is excluded either by the Declara6on to this Coverage Part or by an endorsement to this Coverage Part. F. BROADENED SUPPLEMENTARY PAYMENTS Paragraphs 1.b.and 1.d. under Supplementary Payments-Coverages A and B are deleted and replaced with the following: b. Up to$1,000 for cost of bail bonds required because of accidents or traffic law viotations arising out of the use of any vehiGe to which the Bodily Injury Liability Coverage applies.We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or"suit,"including actual loss of earnings up to �500 a day because of time off from work. G. BROADENED NEWLY ACQUIRED OR FORMED ORGANIZATION Paragraph 3.a under Section II-Who Is An Insured is deleted and replaced by the following: a. Coverage under this provision is afforded only until the 120"'day after you acquire or form the organization or the end of the policy period,whichever is earlier. H. BROADENED NON-OWNED OR CHARTERED WATERCRAFT OR AIRCRAFT Exclusion 2.g. under Coverage A-Bodily Injury and Property Damage Liability is deleted and replaced by the folfowing: g. "Bodily injury"or"property damage"arising out of the ownership, maintenance, use, or entrustment to others of any aircraft,"auto,"or watercraft owned by or operated by, or rented or loaned to, any insured. Use includes operation and"loading or unloading°. CG 83 91 12 19 Includes copyrighted material of Insurance Services Page 3 of 8 Office, Inc.,with its permission Docusign Envelope ID:798BE21B-A4ED-481A-BC61-A72C367C0886 Docusign Envefope ID:FB247723-E5F0-448C-BDA2-89FE1 EOC9FBE This exclusion does not apply to: (1� A watercraft while ashore on premises you own or rent; (2) A watercraft you do not own that is: (a) �ess than 51 feet long;and (b) Not being used to carry persons or properry for a charge; (3j Parking an "auto"on, or on the ways next to premises you own or rent, provided the"auto"is not owned by or rented, or loaned to yo� or the insured; (4) Liability assumed under any"insured contracY'for the ownership, maintenance, or use of aircraft, watercraft, or"autos"; or (5) "Bodily injury'or'property damage'arising out of the operation of any of the equipment listed in Paragraph f.(2)or f.(3)of Section V-Definitions, Paragraph 12., "Mobile Equipment"; or (6} An aircraft you do not own that is: (a) Hired,chartered, or loaned with a crew;and (b) Not owned in whole or in part by any insured. (7) This insurance does not apply,under Paragraph g.(1)and g.(2)above,if the insured has any other insurance for"bodily injury"or"property damage'which would also apply to loss covered under this provision,whether the other insurance is primary,excess,contingent,or on any other basis. (8j This insurance is excess, under Paragraph g.(6)above, over any other insurance,whether the other insurance is primary, excess, contingent or on any other basis. 1. BROADENED COMMERCIAL GENERAL LIABILITY CONDITIONS 1. Paragraph 2. Duties in The Event Of Occurrence,Offense, Claims Or Suit under Section IV- Commercial General Liability Conditions is amended to add the following provision: e. Your obligation to notify us as soon as practicable of an"occurrence,"or offense under Paragraph 2.a. above, or a claim or"suiY' or offense under Paragraphs 2.a., 2.b., and 2.c above, is satisfied if you send us written notice as soon as practicable after any of your"executive officers,"directors, partners, insurance managers,or legal representatives becomes aware of, or shouid have become aware of, such "occurrence,"offense, Gaim or"suit." 2. The following provisions are added to Section IY-Commercial General Liability Conditions: 10. Liberalization If we adopt any revision that would broaden the coverage under this coverage part without additional premium within 30 days prior to or during the policy period,the broadened coverage will immediately apply to this coverage part. 11. Notice To Company If you report an"occurrence"or offense to your Workers' Compensation insurer which later becomes a claim under this Coverage Part, failure to report such "occurrence"or offense to us at the time of the "occurrence"or offense will not be considered a violation of the Duties In The Event Of Occurrence, Offense,Glaim Or Suit Condition, if you notify us as soon as practicable when you become aware that the"occurrence"or offense has become a liability claim. J. AUTOMATIC GOVERAGE FOR SPECIAL EVENTS 1. You are automatically covered for all"special eve�ts"which you organize, promote, administer, sponsor, or conduct during the term of this policy. 2. Section V-Definitions is amended to add the following paragraph: 23. "Special Event"means any event: a. The purpose of which is to raise funds for you;or b. To recognize the accomp�ishments of your organization, your"employees,"or your°volunteer workers"; or Page 4 of 8 Includes copyrighted material of Insurance Services CG 83 91 12 19 Office, Inc.,with its permission Docusign Envelope ID:798BE218-A4ED-481A-BC61-A72C367C0886 Docusign Envelope ID:F8247723-E5F0-448C-BDA2-69FE1EOC9FBE c. Which you,or an individual or organization with whom you have entered into a contract or agreement, organize, promote,administer, sponsor,or conduct for the purposes described in Paragraphs a.or b. above;and d. Which takes place on premises owned by you,or on premises while rented or leased to you or to that organization described in Paragraph c. above. K. AUTOMATIC ADDITIONAL INSURED(S) The following provisions are added to Section il -Who Is An insured: 4. Automatic Additional Insured(s) a. Additional Insureds -Athletic Activity Participants (1) This policy is amended to include as an insured any person(s)[hereinafter called Additional Insured(s)] representing you whi{e participating in amateur athletic activities that you sponsor. However, no such person is an insured for: (a) "Medical expenses"under Coverage C-Medical Payments. {b) "Bodily Injury"to: (i) A co-participant, your"volunteer worker"or your"employee"while participating in amateur athletic activities that you sponsor; or (ii) You,or any partner or member,(if you are a partnership or joint venture),or any member(if you are a limited liabiliry company);or (c) "Property damage"to property owned by. occupied or used by, rented to , in the care, custody. or control of, or over which physical control is being exercised fo�any purpose by: (i) A co-participant,your"volunteer worker'. or your''employee";or (ii} You,or any partner or member,(if you are a partnership or joint venture),or any member(if you are a limited liability company). b. Additional Insured-Contractual Obligations (1) This policy is amended to include as an insured any person or organization(hereinafter called Additional Insured)that you are required by a written"insured contracY'to include as an insured, subject to all of the following provisions: (aj Coverage is limited to liability arising out of: (1) Your ongoing operations performed for such Additional Insured;or (Z) Such Additional Insured's fi�ancial control of you; or (3j The maintenance,operation or use by you of equipment leased to you by such Additional Insured;or (4) A permit issued to you by a state or political subdivision. (b) Coverage does not apply to any`occurrence"or offense: (ij Which took place before the execution of,or subsequent to the completion or expiration of, the written"insured contract"; or (ii) Which takes place after you cease to be a tenant in that premises. (c) With respect to architects, engineers,or surveyors, coverage does not apply to"Bodify Injury," "Property Damage,""Personal Injury,"or"Advertising Injury"arising out of the rendering or the failure to render any professional services by or for you including: (i) The preparing, approving,or failing to approve or prepare maps,drawings, opinions, reports,surveys,change orders, designs or specifications; and (ii) Supervisory, inspection, or engineering services. (d) Coverage provided herein shall be considered excess over any other valid and collectible insurance available to the Additional Insured whether that other insurance is primary, excess, contingent,or on any other basis unless a written contractual arrangement specifically requires this insurance to be primary. CG 83 91 12 19 Includes copyrighted material of Insurance Services Page 5 of 8 Office, Inc.,with its permission Docusign Envelape ID:7986E216-A4ED-481A-BC61-A72C367C0886 Dowsign Enveiope ID:F8247723-E5F0-448C-BDA2-89FE1EOC9fBE (e) In the event that you are engaged in the manufacture or assembly of any goods or products for the benefit or at the direction of another party, pursuant to a contract or agreement with that party,this paragraph (e). does not extend coverage to that parry as an Additionai Insured. Coverage for such a party wiil be extended o�ly by a specific endorsement issued by us and naming such party. c. Additional Insured -Funding Sources (1) This policy is amended to include as an insured any Funding Source(hereinafter called Additional insured}which requires you in a written contract to name such Additional Insured but only with respect to liability arising aut of your premises or"your work" for such Additional Insured, and only to the extent set forth as follows: (a� The Limits of Insurance applicabie to the Additional Insured are the lesser of those specified in the written contract or agreement or in the Declarations for this policy and subject to all the terms, conditions and exciusions for this po�icy. The Limits of Insurance applicabie to the Additional Insured are inclusive of, and not in addition to, the Limits of Insurance shown in the Dedarations. (b) The coverage provided to the Additional Insured is not greater than that customarily provided by the policy forms specified in and required by the contract. (c) In no event shall the coverages or Limits of Insurance in this Coverage Form be increased by such contract. (d) Coverage provided herein shall be considered excess over any other valid and collectible insurance avai�able to the Additional Insured whether that other insurance is primary,excess, contingent,or on any other basis unless a written contractual arrangement specifically requires this insurance to be primary. d. Additional Insured -Manager or Lessor of Premises (1) This policy is amended to include as an insured any person or organization(hereinafter called Additional Insured)from whom you lease or rent your premises and which requires you to add such person or organization as an Additional Insured in this policy under: (a) A written contract;or (b) An oral agreement or contract where a Certificate of Insurance has been issued showing that person or arganization as an Additional Insured; but oniy if the written or oral agreement is an"insured contract"; (a) CurrenUy in effect or to become effective during the term of this policy; and (b) Executed prior to the"bodily injury,""property damage,"''personal injury", or"advertising injury." (2) With respect to the insurance afforded the Additional Insured identified in Paragraph d.(1) immediately above,the following additional provisions apply: (a) This insurance applies only to liability arising out of the ownership, maintenance,or use of that portion of the premises leased to you; (b} The Limits of Insurance applicable to the Additional Insured are the lesser of those specified in the written contract or agreement or in the Declarations for this policy and subject to all this policy's terms, conditions,and exclusions.The Limits of Insurance applicable to the Addi6onal Insured are inclusive of, not in addition to,the Limits of Insurance shown in the Deciarations. (cj in no event shall the coverages or Limits of insurance in this Coverage Part be increased by such contract or agreement. (d) Coverage provided herein shail be considered excess over any other valid and collectible insurance availabie to the Additional Insured whether that other insurance is primary, excess, contingent,or on any other basis unless a written contractual arrangement specifically requires this insurance to be primary. (3� This insurance does not apply to: (a) Any"occurrence"or offense which takes piace after you cease to be a tenant in the premises covered by this endorsement;or Page 6 of 8 Includes copyrighted material of Insurance Services CG 83 91 12 19 Office, Inc.,with its permission Docusign Envelope ID:798BE21B-A4E0-481A-BC61-A72C3B7C0886 Docusign Envelope ID:FB247723-E5F0-448C-BDA2-B9FE1EOC9FBE (b) Structural alterations, new construction, or demolition operations performed by or on behalf of the Additional Insured. e. Additional Insured-Owner, Manager,Operator or Lessor of"Special Events"Premises (1) This policy is amended to include as an insured any person or organization(hereinafter called Additional Insured)from whom you lease, rent or occupy the premises upon which a"special event" is held, sponsored or conducted by you,or on your behalf, under: (a) A written contract; or (b) An oral agreement or contract where a Certificate of Insurance has been issued showing that person or organization as an Additional Insured; but only if the written or oral agreement is an "insured contract," (i) Currently in effect or to become effective during the term of this policy;and (ii) Executed prior to the"bodily injury", 'property damage"or"personal and advertising injury". (2) With respect to the insurance afforded the Additional Insured identified in Paragraph e.(1)of this endorsement,the following additional provisions apply: (a) This insurance applies only to liability arising out of the use of that portion of the premises while leased or rented to you for the specific"special event"; (b) The Limits of Insurance applicable to the Additional Insured are the lesser of those specified in the contract or agreemen!pertaining to the use of the premises or in the Declarations for this policy and subject to all of this policy's terms. conditions, and exclusions.The Limits of Insurance applicable to the AddiGonal Insured are inclusive of, not in addition to,the Limits of Insurance shown in the Declara6ons. (c) In no event shall the coverage or Limits of Insurance in this Coverage Form be increased by such contract or agreement. (d) Coverage provided herein shall be�nsidered excess over any other valid and collectible insurance available to the Additional Insured whether that other insurance is primary,excess, contingent,or on any other basis unless a written contractual arrangement specifically requires this insurance to be primary. (3) This insurance does not apply to: (a) Any"occurrence"or offense which takes place after you cease to be a tenant, licensee or occupant in the premises covered by this endorsement;or (b) Any acts or"occurrences"caused by or attributable to the owner, manager, operator,or lessor of the premises upon which the"special evenY' is held. f. Additional Insured -Supervisors or Higher in Rank (1) This policy is amended to include as insured any"employees"(hereinafter called Additional Insured),designated as supervisor or higher in rank,who are authorized by you to exercise direct or indirect supervision and control over"employees' and the manner in which work is performed, but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However, none of these"employees"designated as supervisor or higher in rank, is an insured for: (a) "Bodily injury"or"personal injury": (i) To you,to your partners or members(if you are a partnership or joint venture),or to your members(if you are a limited liability company); (ii) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in paragraph (a)(i)above; or (iii)Arising out of his or her providing or failing to provide professional health care services. (b) "Personal Injury": (i) To a co='employee"while in the course of his or her employment; (ii) To the spouse,child,parent, brother or sister of that co-"employee"as a consequence of Paragraph (b)(i)above;or CG 83 91 12 19 Includes copyrighted material of Insurance Services Page 7 of 8 Office, Inc., with its permission Docusign Envelope ID:7986E216-A4ED-481A-BC61-A72C3B7C0886 Docusign Envelope ID:F6247723-E5F0-448C-BDA2-89FE1EOC9FBE (iiij For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraph (b�(i)or(b)(ii)above. (c) "Property damage"to property: (i) Owned, occupied or used by;or (ii) Rented to, in the care, custody,or control of,or over which physical control is being exercised for any purpose by you, any of your"employees,°any partner, or member(if you are a partnership or joint venture),or any member(if you are a limited liability company). g. Additional Insured -LIMITATIONS (1) The persons, entities, or organizations to which coverage is extended under Paragraphs a. (Athletic Activity Participants),b. (Contractual Obligations), c. (Funding Sources), d. (Managers or Lessors of Premises), and e.(Owner, Manager; Operator,or Lessor of"Special Events" Premises) are Additional Insureds, but only: (a) With respect to each Additional Insured's vicarious liability for"actual damages"solely caused by you or by"your work"that is ongoing for such Additional Insured's supervision of"your work": and (b) If the Additional Insured did not cause or contribute to the"occurrence"or act resulting in liability. (2) If an endorsement is attached to this policy and specificalty names a person or organization as an Additional Insured,then the coverage extended under this paragraph 4.AUTOMATIC ADDITIONAL INSURED{S)does not apply to that person,entity,or organization. (3) The following is added to Section V-Definitions: 24. "Actual Damages"is to have its usual and customary legal meaning and excludes without limitation, punitive damages, restitution, penalties,and formula damages added to"actual damages"and any other enhanced damages. (4j All other terms and conditions of this Coverage Part which are not inconsistent with this Paragraph h.apply to coverage extended to the above referenced Additional Insureds REGARDLESS OF WHETNER OR NOT A COPY OF THIS COVERAGE PART AND/OR ITS ENDORSEMENTS ARE DELIVERED TO AN ADDITIONAL INSURED. L. BLANKET WAIVER OF SUBROGATION Paragraph 8. under Section IV-Commercial General Liability Conditions is deleted and replaced with the following: 8. Transfer of Rights Of Recovery Against Others To Us And Blanket Waiver Of Subrogation a. If an insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us.The insured must do nothing after loss to impair them.At our request,the insured wiil bring"suiY'or transfer those rights to us and help us enforce them. b. If required by written"insured contract,"we waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of your ongoing operations or"your work"done under a contract for that person or organization and inciuded in the "products-completed operations hazard." M. PRIORITY OF APPLICATION FOR MULTIPLE INSUREDS Section III-Limits Of Insurance is amended to add the following paragraph: 8. In the event a claim or"suiY'is brought against more than one insured, due to"bodily injury"or"property damage"from the same"occurrence,"or"personal injury,"or"advertising injury,"from the same offense. we will apply the Limits of Insurance in the following order: a. You; b. Your"executive officers,"directors,"employees,"and c. Any other insureds in any order that we choose. ALL QTHER TERMS AND CONDITfQNS REMAIN UNCHANGED. Page 8 of 8 Includes copyrighted material of Insurance Services CG 83 91 12 19 O�ce, Inc.,with its permission Docusign Envelope ID:7986E21B-A4ED-481A-BC61-A72C3B7C0886 p0�:-....ciu�.�oc-+�m^�o Docusign Envelope ID:F6247723-E5F0-448C-8DA2-B9FE1 EOC9FBE COMMERCIAL GENERAL LIABILITY CG20011219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND N�NCONTRIBUTORY - �THER INSURANCE CONDITICIN This endorsement modifies insurance provided under the following: GOMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUC?R LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIAB(LITY COVERAGE PART The following is added to the Other Insurance (2) You have agreed in writing in a contract or Condition and supersedes any provision to the agreement that this insurance would be contrary: primary and would not seek contribution Primary And Noncontributory lnsurance from any other insurance available to the additional insured. This insurance is primary to and will not seek contribution from any other insurance available to an additionai insured under your policy provided that (1) The additional insured is a Named Insured under such other insurance; and CG 20 01 12 19 O Insurance Services Office, Inc., 2018 Page 1 of 1 Docusign Envelope ID:798BE216-A4ED-481A-BC61-A72C3B7C0886 Docusign Envelope ID:F6247723-E5F0-448C-BDA2-69FE1EOC9FBE /—� DATE(MM/DDNVW) ACORO�° CERTIFICATE OF LIABILITY INSURANCE �3,zozs THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COYERAGE AFFORDED BY THE POLICIES BELOW. THIS CERT�FICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE GERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(fes)must have ADOITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer ri hts to the certificate holder in lieu of such endorsement s. PRODUCER CONTACT ynME:_ Enqage PEO Certificate of Insurance Dept. __________ Accretive Global Risk Advisors, LLC PHONe Fnz— dba Libertate insurance Services �as.No.exu.__— 7z�-555-2s5o __ _____ �,uc r+oz___ ass 2ei-s�3� E�MAIL — �------ -- 20 N.Orange Avenue, Suite 500 _n�oaEss __.____wcpo�icy�aengagepeo.com Orlando, FL 32801 INSURER�S�AFFORDING COVERAGE j NAIC N --- ---- -----_ www.libertateins.com INSURERA: N6W H8(TI shire Insurance Com an _' 23841 ------ — _ _ --�---- ----LY _ INSURED INSURER B: The S2 HR Group, LLC dba Enga e PEO (A PEO) ,NsuReRc:__ Common Threads{a client of PEd� 4211 W.Boy Scout Blvd., Suite 500 INSURERD: Tampa FL 33607 iHsuRea e� i INSURER F: COVERAGES CERTIFICATE NUMBER: 89555846 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE�ISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMEO ABOVE FOR THE PO�ICY PERIO� INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT 70 WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS ANO CONOITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR i TypE OF INSURANCE ��DL SUBR'� POLICY EfF POUCV EXP' LINRS POLICYNUMBER M/D MM/ODM'W COMMERGIAL GENERAL LIABIIfT`/ � EACH OCCURRENCE 5 �_.- _—_—__—_ � --, i �D��ET6�EFiTE6 CLAI�15•AfAD'e ��. _ j OCCUR � PREMISES Ea occunance �S � ,_ �f ( 1.—�---- - � '`AIED EXP(My one person) $ ---- �� � �PERSONAL 6 ADV�NJURV 5 �. J--....--- --- �EN'l AGGREGATE UMIT APPUES PER: , GENERAL AGGREGATE _I 5 __ _ __ _ POLICV�PRO- n � ___.._—_.____ L__, �J JECT LOC ii PRODUCTS•COMP/OP AGG ':5 I 'OTHER: � 'S I AUTOMO&lE LIABILITY � COMBINED SINGLE LIMiT ,;5 _ �� Ea acddent _ '� ANY AUTO � ( �BODILY INJURY(Per Derson) S r .__.__. .__ ._. . i OWNEO SCHEDULED ; �BODILV INJURY jPM actiOmt) S AUTOS ONLV AUTOS �HIRED NON-OWNED '� ' 'PROPERTYDAMAGE 5 ! �AUTOS ONLY �_ AUTOS ONLY i ' ..lP�actltlentl J il_ � ''�� �5 �UMBRELLALIAB . �I ' _ _ _ I �_��OCCUR ' .cACHOCCVRRENCE S �� �EXCESS LIAB , .CLAIMS-MADE �i I I AGGREGATE �S —r__—.—,—..._�—_`— , _ . �DED : 'RETENTIOk S S A 'WORKERSCOMPENSATION i � WCO2ISOTY74 I 1N/ZOIB I����2027 STATUTE � ER AND EMPLOYERS'LIABiLITY �,�N I - , -- - - - �,�NVPROPRIETOR/PAR7NERiEXECUTIVE �� � .E.L.EACH ACCIDENT S�,OOO OOO ' ,, , '. — _-- � ,(Mandarolry In NHj EXCLUDED� N I N�A' � �. E.L.OISEASE•EA EMPLOYEE 5'(�OOO.00O ..___ __ ��,It yes.desCribe under '. , . .____ ...__..._..._____ .. .__._ .DESCRIPTION OF OPERATIONS 6elow � � �. E.L DISEASE-POLICY IIMiT S 1 OOO OOO I I DESCRIPTION OF OPERATION51lOCATIONS I VEHICLES(ACORD 101,Additional Remarks SelisAul�,may M�IhchW flmon space is roqulroe) Coverage is provided to the leased employees of,but not the subcontractors of,The S2 HR Group.LLC dba Engage PEO(A PEO) Common Threads(a client of PEO) CERTIFICATE HOLDER CANCELI.ATION 220004 CITY OF MIAMI BEACH SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE Wlll BE DELIVERED IN c/o EXIGIS Insurance Compliance Services ACCORDANCE WI7H THE POIICY PROVISIONS. P.O.Box 947 Murrieta CA 92564 AUTHORIZEOREPRESENTATNE t===� Paul R.Hu hes 01988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD r:- �i� ,.r:_, �..o ' 3r �s ... ,. ,�._ . c . ..,i�a ce r .,t;�a. � __�r.e�:., ..... ,.e. ...c 1_. n..� .i.,..., . ,.u���. .. . . .�a..e.... Docusign Envelope ID:798BE216-A4ED-481A-BC61-A72C3B7C0886 Docusign Envelope ID:F6247723-E5F0-448GBDA2-B9FE1EOC9FBE RESC?LUTION NO. 2023-32686 �---�__._-- RESOLUTION QF THE MAYOR ANQ CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, RESCINDING RESOLUTIONS NO. 2016-29660, 2018-30259, 2019-31014, 202Q-31481, 2021-31537, 2Q22-32064, 2022-32139, 2023-32fi32, RELATING TO TNE CtTY'S FREE AFTERSCHOOL ENRICHMENT PROGRAMS AT.M(AMI BEACH PUBLIC SCHOOLS AND CONSOLtDATING ALL OF THE CITI(-FUNQED PROGRAMS CREATED BY THE ABOYE REFERENCED RESOLUTIONS WITHIN THIS SINGLE AUTHORIZING RESOLUTIQN, SUBJECT TO THE FUNDING ALLOCATIONS AUTHORIZED FUR EACH SCHOOL, AS SPECIFIED.IN EXHIBIT A TO THE COMMISStON MEMORANDUM ACCOMPANYING THIS RESOLUTlON; APPROVING FUNDING FOR THE ABOVE REFERENCED AFTER SCHOOL PROGRAMS, IN THE TOTAL AMOUNT OF $122,525.77 FOR FY24 AND EACN YEAR THEREATER; �URTHER, PR�VIDING THAT IF ANY SGHOOL DOES NOT UTILIZE ITS EN7IRE ALLOCATION OF FUNDS FOR AN AFTERSCHOO� . PROGRAM APPROVED BY THIS RESOLUTION, THE CITY MANAGER MAY AUTHORiZE ANY UNSPENT FUNDS FOR THAT SCHOOL TO BE USED FOR ANOTHER AFTERSCHOOL PROGRAM AT SUCH SCHOOL, UP TO THE TOTAL AMOUNT ALLOCATED FOR THAT SCHOOL; ACCEPTING THE RECOMMENDA710N OF THE CiTY MANAGER AND WAIVING, BY 5/7T" VOTE, THE FORMAL� GOMPETITIVE BIDDlNG REQUIREMENT, IN ACCORDANCE WITH SECTION 2-367(E) OF THE CITY CODE, AS TO THE SFLECTION OF ALL FUTURE AFTERSCHOOL SERVICE PROVIDERS CONTEMPLATED t1NDER THIS RESOLUTION, FINDING SUCH WAIVER TO BE IN THE CITY'S BEST INTEREST; FURTHER, AUTHORIZING THE CITY CLERK AND CITY MANAGER TO EXECUTE ALL APPLICABLE AGREEMENTS WtTH SERYICE PROVIDERS SELECTEQ BY THE CITY MANAGER AND SCHOOL SITE PRiNCIPAI.; AND FURTHER AUTHORIZING THE �CITY CL.ERK AND CITY MANAGER TO EXECUTE ANNUAL AGREEMENTS WITH THE SERVICE�PROVtDERS DESCRIBED IN EXHIBIT A SUBJECT TO AN ANNUAL ALLOCATlON OF FUNDS DURING THE CITY'S ANNUAL BUDGET PROCESS. WHEREAS, the City of�Miami Beach tfirough the Office of Education and Performance lnitiatives provides free afterschoot STEM (Science Technology Engineering Mathematicsj enrichment at Miami Beach Fienberg Fisher K-8 and Miami Beach Biscayne Beach Elementary; and WHEREAS,on December 14, 2016 Resolu#ion No.2016-29660 was passed to support a partnership with Common Threads programming and an.amount not to exceed$ 18,925.77; and WHEREAS, on Aprif 26, 2017, the Gity Commission directed staff to survey members of the cammunity with children in a Miami Beach public school ta determine what educational enhancements were needed, and present findings to the Finance and Citywide Projects Committee; and . WHEREAS.in May 2017,•the City Administration developed and conducted an education enhancement survey to gather input on potential enhancements, and received 374 community responses; and Docusign Envelope ID:7986E21B-A4ED-481A-BC61-A72C387C0886 Docusign Envelope ID:F6247723-E5F0-448GBDA2-B9fE1E0C9F8E WHEREAS, on April 11, 2018, the Mayor and City Commission adopted Resolution IVo. 2018-30259,approv'ing recommendations made by the Finance and Citywide Projects Committee ("FCWPC")to implement educational enhancements and activities in the City's public schools for the 2018-2p19 schooi year and subsequent school years incfuding afterschool activities at Biscayne Beach Elementary School and Miami Beach Fienberg/Fisher K-8 Center, in an amount not to exceed $6Q000; and � WHEREAS, since the April 11, 2018 City Commission meeting, the afterschool enrichment program was expanded fo Miami Beach Senior High School ("MBSHS"), without increasing the approved funding, in the amount of$60,000; and WHEREAS, at the October 16, 2019 the City Commission meeting, MBSHS Rock Ensemble program was added as an afterschool enrichment program in an amount not to exceed $10,000; and WHEREAS,on October 16, 2019 the City Mayor and Commission passed Reso(ution No. 2019-31014 to amend Resolution No:2018-30259 expanding the scope of afterschool activities currently funded by the City, in the annual amount of$60,000, to include Miami Beach Senior High school as a participating school. WHEREAS; on November 18, 2Q20 Resolution No. 2020-31481 was passed to amend Resolution No. 2019-31Q14 and Resolution No. 2018-30259, in order to expand the scope of afterschool activities currently funded by the City, in the annual amount of $60,000, to include Speech and Debate at Miami Beach Seniar High School, in an additional amount not to exceed $3,600.00 per year; and _ WHEREAS; on January 13, 2021, Resolution No. 2021-31537 was passed to authorize fhe City to accept donations fo support the City of Miami Beach afterschool Rock Ensemble enrichment program, fo De utilized by the City of Miami Beach's afterschool enrichment Rock Ensemble program at Miami Beach�Senior Fiigh School, and appropriate said donations to the City's Education Gompact Fund for use exclusively to support the City's Rock Ensemble afterschool enrichment program; and WHEREAS; on March 9, 2023 Resolution No. 2022-32064 was passed and adopted to provide funding for the Miami Beach Senior High Schoo( Rock Ensemble afterschool program, through a grant to Young.Musicians:Unite, Inc. for the 2021-22 school year, in an amount not to exceed $30,000; and authorized the City Manager and City Clerk to execute a grant agreement � f�or the 2021-22 school year,.retroactive to the beginning of the school year(August 23, 2021 ); and further authorized f�nding for subsequent school years, in an amount not to exceed$30,000 per fiscal year, subject to funding approval during the City's annual budgetary process; and WHEREAS; on May 4, 2023 Resolufion No. 2022-32139 amend Resolution No. 2021- 31537, which authorized the City to accept donations in support of the City of Miami Beach's afterschool enrichment Rock Ensemble program At Miami Beach Senior High Schaol (the "Program"); said amendment approving and authorizing Young Musiclans Unite, Inc. to accept donations in support of the Program (in lieu of the City accepting such donations), provided that all donations made to the Program shal( be dedicated for the exclusive use and benefit of the Program; per the terms of the agreement befween the Young Musicians Unite, Inc. and the City; and � 2 Docusign Envelope ID:7986E216-A4ED-481A-BC61-A72C3B7C0886 Docusign Envelope ID:F6247723-E5F0-448GBDA2-89FE1EOC9FBE WHEREAS,on June 28,2023 the City Commission approved Resolution No.2023-32632, a grant in ihe t�tal amount of$10,000 to the Winsorne Boit Art Program;as part of the Sunflower Society, to provide art education at Miami Beach Fienberg Fisher K-8 during the 2023-24 school year and allocated a $10,000 grant for art education programming at Miami Beach Fienberg Fisher K-8 as part of fhe City's budget process annually; and WHEREAS, the unique needs of each participating school make it challenging, if not impossible, for anyone other fhan the City's Chief Education Officer, in collaboration with each appropriate schoof site principal, to identify the appropriate service provider for each school; and � WHEREAS, each afterschool enrichment c(ass is fundamental in encouraging critical thinking;sparking creativity; and setting tlie foundation for a career in growing fieltfs and ensuring Miami Beach educational enrichment programming is accessible; and, WHEREAS, as student bodies change, so do the interests of those student bodies, making it challenging to guarantee the annual use of funds�identified for specific programs at specific schools. NOW, THEREFC)RE, BE IT �DULY RESOLVED BY THE MAYOR AND C1TY COMMiSSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission approve the rescinding Resoiutions No. 2016-29660, 2018-30259, 2019-31014, 2420-31481, 2021-31537, 2022-32064, 2022-32139, 2023-32632 relating to the City's free afterschool enrichment programs at Miarni Beach public schools and consolidating all of the City- funded programs created by the above referenced resolutions within this single authorizing resolution, subject to the funding allocations authorized for each school, as specifed in Exhibit A to the Commission Memorandum accompanying this Resolution; approve funding for the above referenced after school programs, in the total amount of$122,525.77 for FY24 and each year thereafter, further, provide that if any school does not utilize its entire allocation of funds for an afterschool program approved by this Resolution, the City Manager may authorize any unspent . funds for that.school to ae used for another afterschool program at such school, up to the total amount allocated for that school; accept the recommendation of the City Manager and waive, by 5/7�' vote,the formal competitive bidding requirement,in accordance with Section 2-367(e)of the City Code, as to tfie selection of all future�afterschool service providers contemplated under this Res�lution, finding such waiver to be in the City's best interest; further, authorize the City C(erk and City Manager to execute all applicable agreements with service providers selected by the City Manager and schoo! site principal;•and furfher authorize the City Clerk and City Manager to execute annual agreements with the service providers described in Exhibit A subject to an annual allocation of funds during the City's annual budget process. PASSED and ADOPTED this �G day of ✓b� � , 2023. � � ATTEST: � l�r � � ��2� Dan Ge(ber, Mayor ` � � Rafae! E. Granado, City Clerk :.�i��"�,,,,, APPROVED AS TO �����'���'ti�-�, FORM&LANGUAGE : :,.� „�,�, , _ � � t - &FOR EXECUTION :11lCQRP�O�AiED; - '':�� :��, ��'-" --�-143-�,3 �,,,y;� �„ :.;��: �.cH��zs_.--' City Attorney .�"�' Date ,,,.... 3 Docusign Envelope ID:7986E216-A4ED-481A-BC61-A72C367C0886 Docusign Envelope ID:F6247723-ESFO-448GBDA2-B9FE1EOC9FBE Resolutions-C7 I MiAMlBEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the Ciry Commission FROM: Alina T. Hudak,City Manager DATE: July 26,2023 . SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE C{TY OF MIAMI BEACH, FLORIDA, RESCINDING RESOLUTIONS NO. 2016- 29660, 2018-30259, 2019-31014, 2020-31481, 2021-31537, 2022�32064, 2022- 32139, 2023-32632, RELATING TO THE CITI^S FREE AFTERSCHOO� ENRICHMENT PROGRAMS AT MIAMI BEACH PUBLIC SCHOOLS AND CONSOLIDATING ALL OF THE CITY FUNDED PROGRAMS CREATED BY THE ABOVE REFERENCED RESOLUTIONS WITHIN THIS SINGLE AUTHORIZING RESOLUTION, SUBJECT TO THE FUNDING ALLOCATIONS AUTHORIZED FOR EACH SCHOOL, AS SPECIFIED IN EXHIBIT A TO THE COMMISSION MEMORANDUM ACCOMPANYING THIS RESOLUTION; APPROVING FUNDING FOR THE ABOVE REFERENCED AFTER SCHOOL PROGRAMS, IN THE TOTAL AMOUNT OF $122,525.77 FOR FY 24 AND EACN YEAR THEREAFTER; FURTHER, PROVIDING THAT IF ANY SCHOOL DOES NOT UTILIZE ITS ENTIRE ALLOCATION OF FUNDS FOR AN AFTERSCHOOL PROGRAM APPROVED BY TH1S RESOLUTION, THE CITY MANAGER MAY AUTHORIZE ANY UNSPENT FUNDS FOR THAT SCHOOL TO BE USED FOR ANOTHER AFTERSCHOOL PR�GRAM AT SUCH SCHOOL, UP TO THE TOTAL AMOUNT ALLC?CATED FOR THAT SCHOOL; ACCEPTING THE RECC?MMENDATION OF THE CITY MANAGER AND WAIVING, BY 5/7TH VOTE, THE FORMAI. COMPETITIVE BlDDING REQUIREMENT, IN ACCORDANCE WITH SECTION 2-367(E)OF THE CITY CODE,AS TO THE SELECTION OF ALL FUTURE AFTERSCHOOL SERVICE PROVIDERS CONTEMPLATED UNDER THIS RESOLUTION, FINDING SUCH WAIVER TO BE IN THE CITY'S BEST INTEREST; FURTHER, AUTHORIZING THE CITY CLERK AND ClTY MANAGER TO EXECUTE ALL APPLICABLE AGREEMENTS WITH SERVICE PROVIDERS SELECTED BY THE CITY MANAGER AND SCHOOL SITE PRINCIPAL; AND FURTHER AUTHORIZING THE CiTY CLERK AND CITY MANAGER TO EXECUTE ANNUAL AGREEMENTS WITH THE SERVICE PROVIDERS DESCRIBED !N EXHiBIT A SUBJECT TO AN ANNUAL ALLOCATION OF FUNDS DURING THE CITI"S ANNUAL BUDGET PROCESS. Page 466 of 1588 Docusign Envelope ID:798BE216-A4ED-481A-BC61-A72C387C0886 Docusign Envelope ID:FB247723-E5F0-448C-BDA2-69FE1EOC9FBE RECOMMENDATION The Administration recommends that the Mayor and the City Commission authorize the City to execute annual agreements with service providers as described in Appendix A, subject to an annual allocation of funds during the Citys annual budget process. BACKGROUND/HISTORY As part of an ongoing effort to enrich the iives of youth in the community, the City of Miami Beach has launched a free Miami Beach After-School Enrichment Program (ASEP)to three Miami Beach schools in hopes of improving student seff�steem, providing a positive environment for kids and inspiring children to build their natural curiosity through hands-on leamirig. The unique needs of each participating school make it challenging to preselect providers without ongoing collabordtion between the Cit�s Chief Education O�cer and each appropriate schoal site principal annu�ly. Each afterschool enrichment ctass is fundamental in encouraging critical thinking, sparking creativity, setting the founda6on for a career in growing fields,and ensuring Miami Beach educationa(enrichment programming is accessible. In January 20Q8, the City of Miami 8each entered into an Education Compact with Miami- Dade County Pubiic Schools to enhance leaming opportunities for youth. The Gompact reflects the desire of the Miami Beach community to support excelfence in the City's public schools and currentl}r addresses and supports the fotlowing priority areas: Teacher Recruitment/Reterztion; Communication; Parenta! Involvement/Famity Support; Youth and Community Engagement; Health and Well-Being; Studertt AchievemeM; Safety; and Technolagy. On April 15,2015,the Mayor and the City Commission adopted Resalution No.2015-28997, wtuch directed the Administration to e�and the Compact to address the following areas: Ear1y Leaming;Extracurricular/Ghoice Offerings;and Afterschool Programming. On December 14, 2016,the Mayor and the City Commission adopted Resolution No. 2016- 29660 to support a partnership with Common Threads pcogramming in an amount not to exceed$ 18,925.77. Common Threads offe�s youth and families hands-on cooking programs and nutri6on education. On April 11, 209 8, the Ma}ror and City Commission adopted Resolution No. 2018-30259, approving recommendations made by the finance and Citywide Projects Committee (" FCWPC")to implement educational enhancemerrts and activities in the City's public schools for the 2418-2019 schoof year and subsequent school years including afterschool ac6vities at Biscayne Beach Etementary Schoal and Miami Beach Fienberg/�isher K-8 Center, in an amount not to exceed$6Q,OOQ. On October 16, 2019 the Mayo� and Commission passed Resolution No. 2019-31014 to amend Resolution No. 2018-30259 expanding the scope of afterschool activities currently funded by the City, in the annual amaunt of $60,000, to include Miami 8each Senior High � school as a participating school to support the Miami Beach Senior High School Rock Ensemble in an arnourrt not to exceed$10,000. On November 18, 2020 Resolution No. 2020-31481 was passed to amend Resolution No. Page 467 of 1588 Docusign Envelope ID:798BE21B-A4ED-481A-BC61-A72C367C0886 Docusign Enveiope ID:F8247723-E5F0-448C-BDA2-B9FEtE0C9FBE 2019-31014 and Resolution No. 2018-30259, in order to expand the scope of afterschool activities currently funded by the City, in the annual amount of$60,000,to,include Speech and Debate at Miami Seach Senior High Schooi,in an additiona!amount not to exceed $3,600.00 ., per year. C�n January 13,2021, Resolution No.2�21-3153.7 was passed to authorize the City to accept donations to support the City of Miami Beach afte[schoof Rock Ensemble enrichment program, to be utilized by the City�of Miami Beach's afterschool en�chment Rock Ensemble program at Miami Be�h Senior Nigh School,and appropriate the said donations to the Citys Education Compact Fund for use exc{usively to support fhe Cit}1s Rock Ensemble afterschool enrichment program. On March 9, 2023 Resolution No. 2022-32Q64 was passed and adopted ta provide funding � for the Miami Beach Senior High School Rock Erzsemble afterschool program, through a grant to Young Musicians Unite, Inc.for the 2Q21-22 school year, in an amount nat to exceed $30,000; and authorize the City Manager and City Cleric to execirte a grant agreement for the 2021-22 schoot year, retroactive to the beginning of the schoo!year(August 23, 2021 ); and further authorize funding for subsequent schoal years, in an amour►t not to exceed $30,000 per fiscal year,subject to funding approval during the Citys annuat budgetary process. At the June 28, 2023, City Commission meeang the City Commission approved Resolution No.2023-32632,a grarrt in the total amount of$10,000 to the Winsome Bolt Art Program, as part of the Sunflawer Society, to provide art education at Miami Beach Fienberg Fisher K-8 durirx� the 2023-24 school year and allocate a$10,0�0 grant for art education programming at Miami Beach Fienberg Fisher K-8 as part of the Citys budget process annuafly. ANAlYSIS The Afterschool program corrtinues to e�cpand and provide enricnment to Miami Beach youth. By engaging students arowxi the subjects of Science, Technology, Engineering, Art, and Math, the Afterschaal program aims to spaiic an interest and life-long appreciation of the arts amd sciences in children f�om an eariy age. As studerrt bodies change, so do the interesfs of tfwse student bodies, making it challenging ta guarantee the annual use of funds identified for specific programs at specific schools. SUPPORTING SURVEY DATA 49°!0 of residents indicated satisfied or very satisfied with public schools in Miami Beach FlNANCIAL WFORMATION Funding a�proved in prior resolutions. No newfunding requested.See AppendixA. �plicable Area Not Applicable � Is this a"ResicleMs Riaht Does this item utflize G.O. to Know"item. u�ant� �ond Funds? �Code Section 2-14? No No , Page 468 of 1588 Docusign Envelope ID:7986E218-A4ED-481A-BC61-A72C3B7C0886 Docusign Envelope ID:F8247723-E5F0-448C-BDA2-69FE1E�C9FBE Strategic Connection Prosperity-Be known for(K-12)educational excellence. Leaislative Tracking Educativn and Performance I nitiatives ATTACHMENTS: Description o Resolution o Appendix A-Afterschool Reso Tracker Chart Page 469 of 1588 Docusign Envelope ID:7986E21B-A4ED-481A-BC61-A72C367C0886 Docusign Envelope ID:F8247723-E5F0-448C-BDA2-89FE1EOC9FBE EXHIBIT A Reso No. Tide ' Amount(S) Service P�ovider 2016-29660 RESOLUTION OF THE MAYOR AND CI'fY COMMISSION OF THE CiTY OF MIAMI BEACH,FIORIDA, $18,925.77 Common Threads ACCEPTiNG THE RECOMMENDATION OF THE NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE TO SUPPORT A PARTNERSHIP WITH COMMON THREADS,A NATIONAL NON-PROfiT ORGANIZATION,WHICH TEACHES CHILOREN,FAMIIIES,ANO TEAGHERS TO COOK fOR A HEAL THIER LIFE;APPRQVING A PAtiTNERSHIP WITH COMMON THREADS;REFERRiNG THIS MATTER TO THE FINANCE AND CIIYWiDE PROfECTS COMMITTEE TO IDENTIFY FUNDING fOR A PARTNERSHIP WITH COMMON THREADS;AND AUTHORIZING 7HE CITY MANAGER TO EXECUTE AN A6REEMENT FOR A PARTNERSHtP WITH COMMON THREADS,AFTER FUNDING APPROVAI, IN AN AMOUNT NOT TO EXCEED$18,925.77. 2018-30259 RESOLU710N OF THE MAYQR ANp CITY COMMISSION OF THE CtTY OF MIAMI BEACH,FLORIDA, $60,000 Selected Annually for Biscayne ACCEPTING THE RECOMMENOATION Of THE FINANCE ANO CITYWIDE PROIERS COMMITTEE Beach Elementary and Miami TO IMPLEM£NTTHE FQLLpWiNG EDUCATIONAL ENHANCEMENTS IN THE CITY'S PUBLiC Beach Fienberg Fisher K•8 SCHOOIS FOR THE 2018-2�19 SCHOOL YEAR AND SUBSEQUENT SCHQOL YEARS,SUBIECT TO APPROVAL OF A BUDGET AMEfVDMENT FOR FY 2017-2018 AND FUNDING APPROVAL IN EACH SUBSEQUENT FtSCAI YEAR DURING THE qN'S BUDGETARY PRQCESS:(I)AFTERSCHOOI ACTIVITIES AT BISCAYNE ELEMENTARY SCHOOL AND FIENBERG/FISHER K-8 CENTER,IN AN AMOUNT N07 TO EXCEED$60,000;{II)READlNG TUTORS FOR STUDENTS WHO ATTENO SOUTN POINTE ELEMENTARY StH00l,NORTH BEACH EtEMENTARY SCHOOI,BISCAYNE ELEMENTARY SCHOOL,FiENBERG/F�SHER K-8 CENTER,AND NAUTILUS MIDDLE SCHOOL,IN AN AMOUNT NOT TO EXCEED S50,000;(III)MA7H TUTORS FOR STUDENTS WHO ATTEN�NAUTILUS MtDDIE SCNOOL ANO MtAMI BEACH SENIOR HIGH SCHOOL,IN AN AMOUNT NOT TO EXCEED$20,Q00; (IV)MENTAL HEALTH SERVICE EXPANSION AT SOUTH POINTE EIEMENTARY SCNOOI,NORTH BEACH ELEMENTARY SCHODI,BISCAYNE ElEMENTARY SCHOOL,FIENBERG/FISHER K-8 CENTER, AND NAUTflUS MI�DLE SCHOOL,IN AN AMOUNT NOT TO EXCEED S6�,000;AND(in COLLEGE PREPARATION PROGRAM AND MATERIALS FOR 500 MIAMI BEACH SENIOR HIGH SCHOOL STUOENTS,IN AN AMOUNT NOT TO EXCEED 512,500;FURTHER,AUTHORIZING THE CITY t MANAGER AND CITY CLERK TO EXECUTE ANY AND ALl REQUIRED AGREEMENTS AND QOCUMENTS TO IMPLEMENT THE EDUCATIONAL ENHANCEMENTS;FURTHER,AUTHpRIZiNG THE REDUCTION IN FUNDING,TO AN AMOUNT NOT TO EXCEED$35,000,OF THE VOLUNTARY PREKlNOERGARDEN(VPK)PRpGRAM FQR THE 2018-2019 SCHOOL YEAR;AND FURTHER AUTHORIZIN6?HE CIN MANAGER TO MODIFY AND/OR FERMINATE THE AGREEMENT WITH THE SCHOOC B�ARD OF MIAMf-DAOE COUNTY,FLORIDA FOR THE VPK PR06RAM,AS APPUCABLE. 201931014 A RESOLUTtON OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, N/A Selected Annuatly FLORIOA,AMENOING RESOIUTION N0.2028d0259 EXPANDING THE SCOPE OF AFfER5CH001 ACI7VI71E5 CURRENTIY FUNDED BY THE CtTY,IN THE ANNUAL AMOUNT OF S60,000,TO INCLUDE MIAMI BEACN SENIOR HIGH SCHOOL AS A PARTIGPATING SCHOOL. 202031481 A RESOlUT10N OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, $3,600 Selected Annuaily for Miami fLORIDA,AMENDING RESOLUTION N0.2019-31014 AND RESOLUTION N0.201830254,IN Beach 5r.High OROER TO EXPANO THE SCOPE;OF AFTERSCHOOL ACTIVITIES CURRENTLY FUNDED BY THE GTY, IN THE ANNUAL AMOUNT OF$6d,000,TO INCLUDE SPEECH AND DEBATE AT MIAMI BEACH SENIOR HIGH SCHOOL,IN AN ADDITIONALAMOUNT NOTTO EXCEED 53,6Q0 PER YEAR. 2021-31537 A RESOLUTiON OF THE MAYOR AND CfTY COMMISSION OF THE tITV Of MtAMI BEACH, N/A Submitted Mnually by Young FLORIDA,APPROVING AND AUTHORIZIN6 THE pTY TO ACCEPT DONAT{ONS TO SUPPORT THE Musicians Unite CITY OF MtAMI BEACH AFTERSCHOOI ROCK ENSEMBLE ENRICHMENT ROGRAM,TO BE UTILIZED BY THE GTY OF MIAMt BEACH'S AFfERSCHOOI ENRICHMENT ROCK ENSEMBLE PROGRAM A7 MIAMI BEACH SENIOR HIGM SCHOOL,AN�APPROPRIATE THE SAID DONATtONS TO THE CITY'S EDUCA710N COMPACT FUND FOR USE EXCLUSiVELY TO SUPPORT THE CfTY'S ROCK ENSEMBLE AFfERSCH00L ENRICHMENT PROGRAM. Pa�g�7�3oPf�1588 Docusign Envelope ID:7986E21B-A4ED-481A-BC61-A72C3B7C0886 Docusign Envelope ID:FB247723-E5F0-448C-BDA2-B9FE1 EOC9FBE EXNIBIT A Reso No: Trtle Amount($� Service Provider 2022-32064 A RESOLUTION OF THE MAYQR AND CITY COMMISSiON Of THE CITY OF MIAMI BEACH, S30,000 Young Musicians Unite,Inc. FLORIDA,ACCEPTING THE RECOMMENDATION OF THE FINANCE ANO ECONOMiC RESILIENCY COMMITfEE TO PROVIDE FUNDING FOR THE MIAMI BEACN SENIOR NIGH SCHOOI ROCK ENSEMBLE AFfERSCHOOL PROGRAM,THROUGH A GRANTTO YOUNG MUSICIANS UNITE,INC fOR THE 2021-22 SCHOQL YEAR,IN AN AMOUNT NOT TO EXGEED S30,000;AND AUTHORIZING THE CITY MANAGER AND CfTY CLERK TO EXECUTE A GRANT AGREEMENT WITH YOUNG MUSIpANS UNtTE,INC,RETROACiiVE TO THE BEGINNING OF THE 2021-2022 SCHOOL YEAR (AUGUST 23,2021);AND FURTHER AUTNORtZING FUNDING FOR SUBSEQUEN7 SCHOOL YEARS, IN AN AMOUNT NOT TO EXCEED S30,000 PER FISCAL YEAR,SUBJECT TO FUNDING APPROVAL DURING THE CITY'S ANNUAL BUDGETARY PROCESS. 202232139 A RESOLUTION OF THE MAYOR AND CI7Y COMMiSS10N OF THE CITY OF MIAMI BEACH, N/A Submitted Annually by Young ftORiDA,AMENDING RESOIUTION NO.2021-31537,WHICH AUTHORIZED THE CITY TO ACCEPT Musicians Unite,Inc OONATIONS IN SUPPORT OF THE CITY OP MIAMI BEACH'S AFTERSCHOOL ENRICHMENT ROCK ENSEMBLE PROGRAM AT MIAMI BEACH SENIOR HIGH SCHOOI(THE"PROGRAM"�;SAID AMENOMEN7 APPROVING AN�AUTHORlZING YOUNG MUSICIANS UNITE,INC.TO ACCEPT DONATIONS IN SUPPORT OF THE PRpGRAM(IN LIEU OF THE CIN ACGEPTING SUCH DONATIONS),PROVIDED THAT ALL DOfVATfONS MADE TO THE PROGRAM1if SHAII BE OEDICATED FOR THE EXCLUSIVE USE ANO BENEFIT OF THE PR06RAM,PER THE TERMS OF THE AGREEMENT BETWEEN TNE YOUNG MUSIGANS UN17E,INC.AND THE CITY. 2023-32632 A RESOLUTION OF THE MAYOR AND COMMISSIQN OF THE CITY OF MIAMI BEACH,F�ORfDA, 510,000 Selected Annuaily ACCEP7ING THE RECOMMENDATION OF THE FINANCE AND ECONOMIC RESIUENCY COMMITTEE,MADE AT ITS MAY 24,2023 MEETING,AND APPROVING A GRANT IN THE TOTAL AMOUNT OF$10,000 TO THE WINSOME BOIT ART PROGRAM,AS PART OF THE SUNFLOWER SOCIETY,TO PROVIDE ART EDUUlTION AT MIAMI BEACH ftENBERG fiSHER K-8 DURING 7HE 2023-24 SCHOOL YEAR;AUTHOR121NG THE CITY CIERK AND CITY MANAGER.70 EXECUTE THE CITY'S STqNDARD GRANT AGREEMENT WfTH RESPECT TO THE FOREGOING;AND DIRECi1NG THE AOM�NISTRATION TO ALLOCATE A 510,0�GRANT EOR ART EOUfATtON PROGRAMMING AT MIAMI BEACH FIENBERG FISHERlC-8 0.5 PART OF THE CIN'S BUDGET PRQCESS ANNUALLY. Total Funds for Aherschool Programming:5122,525.77 ` . Pa��724oQ�1588 Docusign Envelope ID:798BE21B-A4ED-481A-BC61-A72C367C0886 Docusign Envelope ID:F8247723-ESFO-448C-BDA2-69FE1EOC9FBE RESOLUTION NO. ZQ16-29660 RESOLUTION OF THE MAY�R AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE NEIGHBORHDODlCOMMUNITY AFFAIRS COMMITTEE TO SUPPURT A PARTNERSHIP WITH COMMON THREADS, A NATIONAL NON-PROFIT ORGANIZATION, WHICH TEACHES CHILDREN, FAMILIES, AND TEACHERS TO COOK FOR A HEALTHfER LIFE; APPROVING A PARTNERSHIP WITH COMMON THREADS; REFERRING TNIS MATTER TO TNE FINANCE AND CITYWIDE PROJECTS COMMITTEE TO IDENTIFY FUNDING FOR A PARTNERSHtP WITH COMMON THREADS; AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR A PARTNERSHIP WITH COMMON THREADS, AFTER FUNDING APPROVAL, IN AN AMOUNT NOT TO EXCEED $18,925.77. WHEREAS, Common Threads is a national non-profii organization whose mission is to educate children on the importance of nutrition and physical well-being, empowering them to be agents of change for healthier families, schools, and communities. Through hands-on cooking programs and nutrition education, Common Threads provides a preventative health program solution in urban schools to children,families, and teachers in under-served communities; and WHEREAS, pursuant to a City Commission referral at the September 14, 2016 City Commission meeting, the approval of a partnership with the national non-profit Common Threads was discussed at the November 18, 2016 Neighborhaod/Community Affairs Committee meeting; and WHEREAS, the Neighborhood/Community Affairs Committee members unanimously supported a partnership with the national nonprofit Gommon Threads to educate children and families on the importance of nutrition and physical well-being, empowering them to be agents of change for healthier families, schools, and communities; and WHEREAS, the City Commission wishes to refer this matter to the Finance and Citywide Project Committee to identify funding for a city partnership with Common Threads; and WHEREAS, total costs for a City partnership program are $30,604.11, with the City's contribution anticipated to be $17,675.77, plus the City shall contribute up to an additional $1,250 for 5 sets of cooking equipment at a cost of$250 per set; for a total City contribution in an amount not to exceed $18,925.77; and WHEREAS, Common Threads will fully fund Family Cooking classes, Parent Workshops, and Healthy Teacher Trainings for a cost of $12,928.34 or 42 percent of the partnership program budget of$30,604.11; and WHEREAS, the Education Compact with Miami-Dade County Public Schools(M-DCPS), established on January 16, 2008, includes the outcome to increase health and well-being of students; and, Docusign Envelope ID:798BE21B-A4ED-481A-BC61-A72C367C0886 Oocusign Envelope ID:F8247723-E5F0-448C-BDA2-89FE1 EOC9F8E WHEREAS, an activiry included in ihe Education Compact to increase the heaith and wel!-being of students is to collaborate to deliver information regarding hea�th and wellness education, obesity prevention, and intervention strategies regarding nutrition, physical activity levels, and health maintenance in accordance with the District's Wellness Initiative. NOW, THEREF�RE, BE IT DULY RESULVED BY THE MAYOR AND THE CITY COMM(SSION OF THE CITY OF MIAMI BEAGH, FLORIDA that the Mayor and City Commission hereby accept the recommendation of the Neighborhood/Community Affairs Committee to support a partnership with Common Threads as set forth herein, approve a partnership with Common Threads, refer this matter to the Finance and Citywide Projects Committee to identify funding for a City partnership with Common Threads, and authorize the City Manager to execute an agreement for a pa�tnership with Common Threads, after funding approval, in an amount nvt to exceed $18,925.77. PASSED AND ADOPTED this �y day of December, 2016. ATTEST: � ^�, B� Philip Levin , M IZ � � P��'� � ��'�� Ra ael . ranado, Ci '•:y ��INCORP ORATED� ;;'�h APPROVED AS TO � �'• FORM& tANGUAGE ��C�'��r{''�� &FOR EXECUTION '� \ �8v,� , tZ- 1Z. _ �ltj ' . . Cinf Aftomey� D�are Docusign Envelope ID:7986E21B-A4ED-481A-BC61-A72C367C0886 Docusign Envelope ID:F8247723-E5F0-448C-BOA2-89FE1EOC9FBE Resolt�tions -C7 G I�/IIAMIBEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the Ciry Commission FROM: Jimrrry L. Morales, City Manager DATE: Qecember 14,2016 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORfDA, ACCEPTING THE RECOMMENDATION �F THE NEIGHBORHOOD/C�MMUNITY AFFAIRS COMMITTEE TO SUPPORT A PARTNERSHIP WITH COMMUN THREADS, A NATIONAL NON-PROFIT ORGANIZATION, WHICH TEACHES CHILDREN, FAMILIES,AND TEACHERS TO CO�K FOR A HEALTHIER LIFE; APPROVING A PARTNERSHIP WITH COMMON THREADS; REFERRING THIS MATTER TO THE FINANCE AND CITYWIDE PROJECTS COMMITTEE TO IDENTIFY FUNDING FOR A PARTNERSHIP WITH COMMON THREADS; AND AUTH�RIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR A PARTNERSHIP WITH COMMON THREADS, AFTER FUNDING APPROVAL, IN AN AMOUNT NOT TO EXCEED$18,925.77. REGOMMENDATION At the November 18,2016 Neighborhood/CornrrwnityAffairs Committee meeting, a referral to Finance and Cityv++ide Project Committee was requested to identify funding for the partnership. Total budget costs based on the proposal are$30,604.11. The City's contribution is anticipated to be$17,672.77 and appro�amately $1250.00 for cooking equipment, with Common Threads fully funding Family Cooking classes, Parent Workshops, and Healthy Teacher Trainings for a cost of$12,928.34 or 42 percent of the total budget. ANAIYSIS A referral was made at the September 14, 2016 Commission Meeting to the Neighborhoods/Community Affairs Committee to partner with the national nonprofit Common Threads to educate children and families on the importance of nutrition and physical well-being, empowering tl�em to be agents of change for healthier families, schools, arxl communities. At the November 18, 2016 Neighborhood/Community Affairs Committee meeting, a referral to Finance and Citywide Project Committee was requested to identify funding for the partnership. Total budget costs based on the proposal are $30,6Q4.11. The Cit�s contribution is anticipated to be $17,675.77, with Cammon Threads fully funding Family Cooking classes, Parent Workshops, and Heafthy Teacher Trainings for a cost of $12,928.34 or 42 percent of the total budget. The Education Compact with Miami-Dade County Public Schools (M-DCPS), established on Page 332 of 1191 Docusign Envelope ID:7986E216-A4ED-481A-BC61-A72C367C0886 Docusign Envelope ID:FB247723-E5F0-448C-BDA2-89FE1 EOC9FBE January 16, 2008, includes the outcome to increase health and weil-being of students. Since the Education Compact implementation, the City of Miami Beach has collaborated with M-DCPS to achieve (K-12)excellence. An activity included in the Education Compact to increase the health and weil-being of students is to collaborate to deliver information regarding health and wellness education, prevention and intervention strategies regarding nutrition, physical activity levels, and health maintenance in accordance with the DistricYs Wellness Initiative. Founded in 2003, Common Threads' mission is to educate children on the importance of nutrition and physical wellbeing, empowering them to be agents of change for healthier families, schools, and communities. Through hands-on cooking programs and nutrition education, Common Threads provides a preventative health program solution in urban schools to children, families, and teachers in under-served communities. All programs are supported by the Common Bytes digital nutrition education platform. The programs currently available for students are as folfows: � Small Bites: In or after-school nutrition education • Cooking Skills and Worid Cuisine: Chef led student cooking programs Programs for parents and teachers are as follows: • Healthy Teacher Training � Parent Workshops � Teacher Cooking Classes • Grocery Store Tours • Family Cooking Classes Please find attached proposal from the Common Threads organization for consideration to explore potential partnership opportunities within Miami Beach public schools and paric programs. There are currentiy 39 schools in Miami-Dade County Public Schools that participate in these programs. KEY INTENDED OUTCOMES SUPPORTED Achieve Educational(K-12) Excellence FINANCIAL INFORMATION The anticipated proportionate share to partner with Common Threads in FY 2016/17 is $17,675.77 based on recommended programs in either our after-school parks programs and/or during school hours. Legislative Trackinq Parics and Recreation/Organization Development Performance Initiatives Page 333 of 1191 Docusign Envelope ID:798BE21B-A4ED-481A-BC61-A72C3B7C0886 Docusign Envelope ID:F8247723-E5F0-448C-BDA2-69FE1EOC9FBE �oonsor Commissioner Kristen Rosen Gonzalez ATfAGHMENTS: Description o Common Thread Proposal Page 334 of 1191 Docusign Envelope ID:7986E21B-A4ED-481A-BC61-A72C3B7C0886 Oocusign Envelope ID:F8247723-E5F0-448C-BDA2-B9FE1EOC9FBE � ....... �:c��I�tU� •�•IIt:P:.�li........ c C�t)Ii I :��c� - �z LII'L - _ ...... ...................... ......... .......... Chicago • Miami • New York City • Los Angeles • Washington DC•Jacksonville •Austin • New Orleans • Pittsburgh Nutrition&Cooking Education in City of Miami Beach Overview Common Threads is a leading organization for teaching children and adults how to choose, prepare,and enjoy a healthy meal. Common Threads programs include aher-school cooking courses and in- and after-school nutrition education curricula, as well as parent programs and teacher trainings, including culturally-relevant recipes and adaptable lessons that have been tested and proven. We offer outstanding curriculum and training materials, expert technical support staff in each city we serve, and internal evaluations consistently demonstrate that our programs improve nutrition knowledge, attitudes, and behaviors. This year, we are partnering with over 500 schools and community-based organizations across 9 major US cities. We expect to serve 90,000 PK—8`h graders and their families by the end of the 2016-2017 school year and summer. Common Threads is excited to explore partnership with the City of Miami Beach. We share a commitment to developing the whole child and engaging families and communities in the process,and a belief in the connection between health and wellness and academic outcomes.Additionally,evaluations consistently demonstrate that our programs improve nutrition knowledge and healthy behaviors.Thus, Common Threads and the City of Miami Beach have an opportunity to demonstrates the connection between health and wellness programs and academic, social-emotional, and life outcomes of students, and to create a proven model that can be replicated across the counry and in fact the country. Partnership Opportunities Based on the needs identified in our conversations,we are proposing to launch programming in the City of Miami eeach, to be determined with your input. The below proposed partnership scopes are intended to be discussed and refined with you and your colleagues as we explore the right partnership model for 2016-17 and beyond. Small Bites:In or After-School Nutrition Education This program teaches PS/PK-8th grade students about nutrition and healthy cooking through a series of eight lessons combining nutrition and knife-free cooking. The lessons are taught by trained educators/facilitators and support Common Core State Standards (CCSS) in Math and English. The lessons give students the opportunity to connect math,language arts,and science concepts to hands-on experiences that will give them tools to live longer, healthier lives. Graduates of Small Bites are able to make their own healthy snack at home! o Suggested Partnership Scope: ■ Common Threads would impiement 12 Small Bites sessions (96 lessons) with the potential to reach more than 300 students at targeted schools/sites. o Common Threads would provide: ■ Training for educators � One Small Bites curriculum kit per educator • Digital access to Common Bytes(online nutrition education platform) • Grocery stipend Page 335 of 1191 Docusign Envelope ID:798BE216-A4ED-481A-BC61-A72C367C0886 Docusign Envelope ID�F8247723-ESFO-448C-BDA2-B9FE1EOC9FBE r,� ..... c•�.�>�.iu. r�ii:i•:.�i��....... (J()O�:1 I \T(1`� _ �,z I:�I I�.l�: - . ...... ...... .............. ..............._.. Chicago • Miami • New York City • Los Angeles • Washington DC •Jacksonville • Austin • New Orleans • Pittsburgh o Program Sites would provide: ■ Educators to teach the Small Bites lessons • Basic cooking equipment - • Students to participate in the program �ooking Skitls a�d World Cuisine�ooking Classes This 6rd-8th grade program engages students'tastes and minds.This global class explores the culture and cuisine of ten countries. In the kitchen,young chefs learn how to follow a recipe, prepare and cook ingredients,and always leave the kitchen as clean as they found it! This class challenges students to use a wide variety of cooking equipment and ensures that they know how to safely and effectively use each tool, including chef's knives, graters, peelers, stoves, and ovens. Graduates of this program are able to cook a balanced healthy meal. o Suggested Partnership Scope: ■ Common Threads will provide 20 cooking lessons(2 ten-week sessions)with the potential to reach mare than 32 students at targeted schools/sites. o Common Threads would provide: • Trained chef instructor to facilitate program for up to 16 students per session. ■ 20 two-hour lessons on global cooking and nutrition � Groceries and Sundries(plates,napkins,cups,cutlery,etc.) ■ Class set of hats and aprons • Passport workbook for each student o Program Sites would provide: • Location with kitchen ■ 4 adult volunteers ■ Class set of cooking equipment(CT wil) provide list) • Enrollment application and consent for all participants Family Cooking Class Our Family Cooking Class(FCC)teaches parents and kids how to cook healthy and economical meals. The class focuses on family participation,healthy ingredient substitutions,and convenient cost-saving recipes.The goal of FCC is to teach families how to cook together and incorporate healthy habits at home,while maintaining their existing traditions. o Suggested Partnership Scope: • Common Threads would implement 18 family cooking lessons with the potential to reach more than 30 families at targeted schools/sites. Page 336 of 1191 Docusign Envelope ID:798BE216-A4ED-481A-BC61-A72C387C0886 Docusign Envelope ID:F6247723-ESFO-448C-BDA2-B9FE1EOC9FBE 4� ._. �:u>i�tci� i'iti;r:.�ii.... Ci��) �1 I �'�7' - �� L I 1��'l�, - ...._......._ ..... . ..... ........ ... ._.... Chicago • Miami • New York City • Los Angeles • Washington DC• Jacksonville •Austin � New Orleans • Pittsburgh o Common Threads would provide: ■ Trained chef instructor to facili[ate program for up to 5-6 families(16 people maximum) • 18 two-hour lessons inciuding breakfast: getting a healthy start, family meals made easy, and restaurant meals you can make at home. • Groceries and Sundries(plates,napkins,cups,cutlery,etc.) • Class set of hats and aprons • Workbook for each family o Program Sites would provide: ■ location with kitchen ■ Class set of cooking equipment(CT wiil provide list) ■ Enrollment appl2ication and consent for all participants Parent Workshops These 60-minute workshops, led by trained CT staff members or Chef Instructor Trainers, engage parents and community member, and encourage healthy eating habits at home and in the community. Topics covered include: basic nutrition, grocery shopping, and cooking with kids. The workshops have flexible formatting that allows them to be incorporated in other parent related programs, like parents meetings,school wellness council events,and health fairs. o Suggested Partnership Scope: • Common 7hreads would implement 6 parent workshops at targeted schools/sites to enhance parent and community engagement activities within City of Miami Beach. o Available topics include: • The 4 P's of Healthy Eating: An introduction to nutrition covering portion size, painting your plate with color,preparation methods,and participating together. � Good for You Groceries: An introduction to making healthy informed decisions at the grocery store while getting the most for your money. ■ Cooking with Kids: An introduction on the benefits and ways of getting kids involved with cooking at home. • Hosting a Wellness Booth:Common Threads can host a wellness booth at an existing event. ■ Add-On:Cooking Demonstrations:A Common Threads Program Manager can work with you to incorporate a cooking demonstration o Common Threads woutd provide: ■ Trained chef instructor to facilitate program for up to 20 adults • Two 60-minute workshops ■ Cooking for Life Handbook for each family Page 337 of 1191 Docusign Envelope ID:7986E21B-A4ED-481A-BC61-A72C367C0886 Docusign Envelope ID:F6247723-E5F0-448C-BDA2-69FE1 EOC9FBE �� ..... e��,f�t>In�' l'l1i:h::�i,........ (�C'�OI� I \'Cr - �,..� T�II�L - .. _.............. ....._....... ..... ...... Chicago • Miami • New York City • Los Angeles • Washington DC • Jacksonville •Austin • New Orleans • Pittsburgh o Program Sites would provide: • Loca[ion to accommodate 20 participants(kitchen is optional) Healthy Teacher Training(HTT) This two-hour nutrition workshop empowers adults to be healthy role models by teaching basic nutrition and healthy cooking through interactive activities. HTT is a foundational training and professional development for all educaiors, youth development staff, community members, and other adults engaging young peopte. This training not only equips participants to facilitate our Small Bites program, but also builds the life skills of the participant and contributes to a culture of health and wellness within the program/organization. o Suggested Partnership Scope: • Common 7hreads would impleme�t 6 Healthy Teacher Trainings for all staff at targeted schools/sites. All staff will be invited, but HTT is required for all teachers facilitating Small Bites. o Common Threads would provide: • 2-hour in-person trainings led by Common Threads Chef and Trainer ■ Introduction to nutrition and three healthy snack demos with samptes ■ Digital access to Common Bytes(online nutrition education platform) • Monthly newsletter updates for all participants with email • Continuing education credit o Program Sites would provide: • Support with scheduling and coordinating training • Projector and screen • Actess to sink for washing cooking equipment Project Scope and Budget CT helps support the City of Miami Beach's goals by being a catalyst for a coordinated effort to improve cultures of health for students,families,teachers,and other community members. Based on the needs you shared in previous conversations,we are proposing to activate our partnership with a Small Bites, Family Cooking Classes, Parent Workshops, and Healthy Teacher Training. This will enable us to create a foundation for our working partnership and for students to utilize the nutrition education learned from Small Bites in future cooking classes. Additionally,we are very interested in combining our program with physical education programming to understand the effects of joint physical activity and nutrition programming on health outcomes in students. We predict that participating in the nutrition and physica�activity programs will help keep or return at-risk students to a normal body weight trajectory, normalize (pre-) hypertension, and reduce Page 338 of 1191 Docusign Envelope ID:7986E21B-A4ED-481A-BC61-A72C367C0886 Docusign Envelope ID:F8247723-E5F0-448C-BDA2-89FE1EOC9FBE �+C ....... �•c.�����c�� 'i'ti 1:it.�u._... Q_������ � �'�� — �s IC,g�E'':fl�� — .. _. ._ ... _ ...._.... _ _. . Chicago • Miami • New York City • Los Angeles • Washington DC•lacksonville •Austin • New Orleans • Pittsburgh risk of type 2 diabetes. We would love to further explore this opportunity after successfully implementing the proposed project. The direct costs of the programs are provided below. A more detailed budget summary is attached (Appendix e). We look forward to further conversations regarding funding sources and opportunities. 0 - • • •� � • � • � :�a � � '� o • � o � � � o Smal)Bites:Nutrition g6 $0 $2,400 $800 $4,818.73 $6,590.24 Education Cooking Skills and World z� $4,000 51,000 $400 $8,105.66 $11,085.53 [uisine Cooking Classes family Cooking Uass 18 $3,600 $900 $385 $6,482.95 $9,151.01 Parent Workshops 6 $480 $120 $300 $940.24 $1,285.90 Healthy Teacher Training 6 $900 $300 $300 $1,821.72 $2,491.43 GRAND TOTALS $22,169.30 530,604.11 Common Threads is proposing ta co-invest in the proposed program by fully funding Family Cooking Classes, Parent Workshops, and Healthy Teacher Trainings for a total of$12,928.34 or 42%of the total program budget. The City of Miami Beach would co-invest$17,675.77 for the proposed programming. We are open to exptoring a different approach to meet your needs,and appreciate your review.We look forward to discussing this with you,and to working with the City of Miami Beach. Sincerely, Nekosi Nelson Rachel Biderman VP,Programs&Evaluation Program Manager,Miami nnelson@cammonthreads.org rbiderman@commonthreads.org P:512-879-3374 P:786-422-2187 Page 339 of 1191 Docusign Envelope ID:7988E21B-A4ED-481A-BC61-A72C367C0886 Docusign Envelope 10:F6247723-E5F0-448C-BDA2-69FE1EOC9FBE MIAMI BEACH � ��$. . �. � � �� �� � ��,.°�;,y��;���,�,���' ,,M,.� ."�a. � � Common Threads PSA 2026 Common Threads Incorporated � Education and Performance Initiatives 9fpnM�trY' DocuSgned by: DR.LESUE ROSENFELD r' SUG Sf,L � i �ASON GREENE a�j� ��Ly� Type 1-Contract,amendment,d�ange order,or[ask order resulting from a procurzment-issued competitive solicitation. X Type 2-Any other contract,amendment,change order,or task order that does not resuit from a procurement-issued competitive soiicitation. 7ype 3-independent Contractor Agreement(ICA� Type 6-7enant Agreement Type 4-Granc agreements wi[h the City as the recipient Type 7-Inter-governmental agency agreement Type 5-Grant agreements with tbe City as the grantor Type 8-Other.Memorandum of Understanding(MOU) This Professional Service Agreement enables Common Threads to provide hands-on cooking and nutrition programs to Miami Beach youth and families throughout 2026. This partnership dates back to 2016; under Resolutions 2016-29660 and 2023-32686, the City Manager is authorized to execute this agreement for an amount not to exceed $17,675.77. The 2026 program will include Cooking Skills and World Cuisine lessons, Family Cooking lessons, Ask a Chef Sessions(for Caregivers), and a Professional Development Session will promote nutrition, healthy eating and an overall healthy lifestyle among participants. Through this mix of ro rams, Common Threads will reach u to 250 adults and children in total. Effective Date—September 30,2026 - - Grant Funded: Yes x No I State Federal Other. 1 $17,675.77 177-6881-000343-12-40a592-04-00-00- Yes x No 1.For contracts longer than five years,contact the Procurement Department.2.Attach any supporting expianation needed.3.Budget approval indicates approval for the current fiscal year only.Future years are subject to Cty Commission approval of the annual adopted operating budget. City Commission Approved: x Yes No Resolution No.: CC Agenda Item No.: CC Meeting Date: 2016-29660,2023-32686 If no,explain why CC approval is not required: Legal Form Approved: '; x Yes No if no,explain below why form approval is not necessary: Procurement: N/A Grants: N/A Budget Analyst:Ayanna ���, ', Information Technology: N/A DaCosta-Earte .;;�_ Budget Director:Tameka °ocubq4�`°°"ii Otto Stewart fi"""`��� S�w� Risk Management:Marc � ��� � Waivers: Chevalier oocus+9ned ny: Subrogation:❑ CGl Claim Limit per Occurrence❑ Insurance Type:7 Automotive Liability: ❑ CGL General Aggregate ❑ Reviewed C01: �/(,q,�/'� �U/` Professional Liability: ❑ PL Claim Umit per Occurrence ❑ Yes 0 No ❑ scsEDB29a�aoaoB_ Workers'Compensation:❑ PL Aggregate Limit ❑ OthEf:does not transport cMildren Human Resources:Marla N/A Other: N/A Alpizar