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HomeMy WebLinkAboutReso 2024-3686RESOLUTION NO. 2024 - A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, WAIVING THE BIDDING REQUIREMENTS OF CHAPTER 62 OF THE CODE OF ORDINANCES OF THE CITY OF SUNNY ISLES BEACH; AUTHORIZING THE EXPENDITURE OF BUDGETED FUNDS WITH DREAM FOR KIDS, INC., TO PROVIDE THEATER CLASSES FOR REGISTRANTS OF THE CULTURAL AND COMMUNITY SERVICES PROGRAMS, IN AN AMOUNT NOT TO EXCEED SEVEN THOUSAND DOLLARS AND NO CENTS ($7,000.00); AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, in October 2023, the City Manager of the City of Sunny Isles Beach ("City") executed a one (1) year Agreement with Dream for Kids, Inc. ("Instructor") to provide theater classes for registrants of the Cultural and Community Services programs (the "Classes"); and WHEREAS, pursuant to the terms of the Agreement, the City compensates the Instructora percentage of the revenues collected from prepaid registrations, for a total amount not to exceed $49,500.00; and WHEREAS, as of July 2024, the Instructor has been compensated $48,481.13; and WHEREAS, additional Classes are scheduled to begin in September 2024, with projected revenues in the amount of $7,000.00; and WHEREAS, pursuant section 62-13(G)2 of the City's Code of Ordinances "the "Code"), "Artistic services which are original and creative in character and skill in a recognized field of artistic endeavor such as music, dance, drama, painting, sculpture and the like" are exempt from the procurement requirements of the Code; and WHEREAS, the City Commission wishes to approve the expenditure of budgeted funds with the Instructor in an amount not to exceed Seven Thousand Dollars and No Cents ($7,000.00), for a total compensation amount not to exceed Fifty -Six Thousand Dollars and No Cents ($56,500.00). NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Approval of Expenditure of Budgeted Funds. The City Commission hereby approves the expenditure of budgeted funds with Dream for Kids, Inc. to provide theater classes for registrants of the Cultural and Community Services programs, in an amount not to exceed Seven Thousand Dollars and No Cents ($7,000.00), for a total compensation amount not to exceed Fifty - Six Thousand Dollars and No Cents ($56,500.00). Section 2. Authorization of City Manager. The City Manager is hereby authorized to do all things necessary to effectuate this Resolution. @BCL@340BC9B8.doc Page 1 of 2 202 , Section 3 ATTEST: Mauricio Effective Date. This Resolution will become effective upon adoption. PASSED AND ADOPTED this cur( CMC, City Clerk Larisa Svechin, Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY: ain E. Boileau for Nabors, Giblin & Nickerson, P.A., City Attorney Moved by: 550 fi Seconded by: 6WLS-if Vote: Mayor Svechin6+s Yes) (No) Vice Mayor Lama (Yes) (No) Commissioner Joseph Yes) (No) Commissioner Stuyvesant (Yes) (No) Commissioner Viscarra —7 (Yes) (No) @BCL@340BC9B8.doc Page 2 of 2 SUp1NY fSF 01 k= AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH AND DREAM FOR KIDS, INC. F 'FLOP CfY o paOs r SUN THIS CONTRACTUAL AGREEMENT (hereinafter referred to as the "Agreement") is made in duplicate, this—V— day of August, 2024, by and between the CITY OF SUNNY ISLES BEACH, Florida, (hereinafter referred to as "City"), and DREAM FOR KIDS, INC., whose Federal Employer Identification (FEI) No. is 38-4195114 (hereinafter referred to as "Instructor"). In consideration of the promises and the mutual covenants herein stated, the Parties agree as follows: 1. CLASSES Instructor shall provide City with professional Theater classes (hereinafter "Services" or "Classes"). Subject to the provisions relating to the termination of this Agreement as set forth hereunder, the Classes shall commence on October 1, 2024 and shall continue through September 30, 2025. The Classes shall be conducted at Pelican Community Park, located at 18115 N. Bay Rd, No. 3405, Sunny Isles Beach, Florida, or an alternate location as assigned by the City. There shall be a minimum number of five (5) pre -paid registrants for the classes, or the City may, at its sole option, cancel the Classes and this Agreement. The Parties shall negotiate the specific schedule of dates and times for the Classes to be held. There shall be no additional Classes added beyond, or deviation from, the established schedule without the express written approval of the City Manager, or his or her designee. Instructor shall personally perform all Services herein. No subcontractors or substitute personnel are permitted without prior written approval of the City Manager, or his or her designee. 2. DUTIES OF INSTRUCTOR A. Instructor shall be qualified and certified in his or her subject of instruction and shall provide proof thereof prior to the commencement of Classes. In the absence of any formal certification, Instructor shall alternatively be required to demonstrate, to the City's satisfaction, Instructor's ability to perform under this Agreement. B. Instructor shall, prior to the commencement of Classes, submit a syllabus, schedule of instruction, and/or teaching plans for the Classes to be offered during the term of this Agreement. C. Instructor shall ensure that the classes commence and conclude in a timely manner, as scheduled. D. Instructor shall be required to take attendance of participants for each class and provide such attendance records to City at the end of each individual class. E. Instructor shall ensure the safety of all class participants, including but not limited to during any exercises or physical activity. F. In the event Classes are to be held virtually, Instructor shall be required to report, in person, to the location assigned by the City. Instructor shall utilize the computer and equipment provided by the City to perform the Services. INSTRUCTOR AGREEMENT — REV. 7/24 Page 1 of 15 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax G. Instructor shall follow all policies and procedures set forth by the City. H. Instructor shall not permit any individuals other than pre -paid registrants to participate in Classes. I. Instructor shall not collect any monies from class participants, nor shall the Instructor require additional payment from, or impose separate charges or fees upon, class participants. 3. COMPENSATION For the Instructor's Services to the City, under and during the terms of this Agreement, the City shall pay to the Instructor the sum of Seventy Percent (70%) of the revenues collected by the City from the pre -paid registrations. Instructor shall be paid within thirty (30) days after the completion of all Services/Classes. All expenses in any way pertaining to rendering the Services shall be the sole responsibility of the Instructor. There are no reimbursable expenses associated with this Agreement. 4. TERM Subject to the provisions relating to the termination of this Agreement as set forth hereunder, the term of this Agreement shall commence upon full execution of the Agreement and shall expire September 30th of the current fiscal year, or no later than one year, i.e. 365 days, thereafter, (whichever comes first). 5. CLASS CANCELLATIONS If the Instructor cancels a class due to illness or an emergency, Instructor is responsible for notifying the City and class participants as soon as possible. In the event of cancellation, the Instructor is responsible for contacting the City to arrange a makeup class no later than thirty (30) days from the date of a cancelled class. Instructors who fail to notify the City and participants within one (1) hour of a scheduled class shall be subject to the following fines to the City for its inability to obtain beneficial use of the Service: A. First offense, the Instructor shall pay the City Fifty Dollars ($50.00). B. Second offense, the Instructor shall pay the City One Hundred Dollars ($100.00) C. Third offense, this Agreement shall be terminated. The foregoing fines are hereby fixed and agreed upon between the Parties, recognizing the impossibility of precisely ascertaining the amount of damages that will be sustained by the City as a consequence of such cancellation, and both Parties desiring to obviate any question of dispute concerning the amount of said damages and the cost and effect of the failure to notify the City of a scheduled class cancellation within a reasonable time frame. The City is authorized to deduct fines from monies due to Instructor for Services under this Agreement or as much thereof as the City may, in its sole discretion, deem just and reasonable. However, Instructor will be excused from fines in the INSTRUCTOR AGREEMENT — REV. 7/24 Page 2 of 15 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax event of an event constituting Force Majeure as detailed below: A. If Instructor is unable to perform as required by this Agreement due to Acts of God or severe illness, Instructor shall be relieved of any responsibility to the City except Instructor shall provide suitable replacements and the City shall only pay the replacement an amount approved by the Cultural and Community Services Director. B. Similarly, if the class is prevented by governmental regulation or order, or other calamity such as fire, earthquake, hurricane, or similar Acts of God, the City shall be relieved of any responsibility for payment of the scheduled class. 6. INSURANCE REOUIREMENTS Instructor shall, at its sole cost and expense, during the period of any Services being performed under this Agreement, procure and maintain the following minimum insurance coverages to protect the City and Instructor against all loss, claims, damages, and liabilities caused by Instructor, his or her agents, or employees, as indicated below: A. Comprehensive General Liability Insurance, including broad form contractual liability coverage for all operations, including, but not limited to, contractual, products, and completed operations, personal injury and property damage liability with minimum limits of One Million Dollars ($1,000,000) per occurrence. B. Worker's Compensation, as required by the State of Florida Employer's Liability. Insurance required of Instructor shall be primary to, and not contribute with, any insurance or self-insurance maintained by the City. Such insurance shall not diminish Instructor's indemnification and obligations hereunder. The insurance policy(ies) shall be issued by companies authorized to do business under the laws of the State of Florida and acceptable to the City with a minimum A.M. Best rating of A -Excellent. BEFORE ANY WORK UNDER THIS AGREEMENT IS PERFORMED, AND AT ANY TIME UPON REQUEST, INSTRUCTOR SHALL FURNISH TO CITY CERTIFICATES OF INSURANCE EVIDENCING THE MINIMUM REQUIRED COVERAGE AND SHALL BE APPROPRIATELY ENDORSED FOR CONTRACTUAL LIABILITY, WITH THE CITY NAMED AS ADDITIONAL INSURED. All policies shall contain a waiver of subrogation endorsement. All policies and certificates shall be in forms and issued by insurance companies acceptable to the City Manager or his designee. All insurance policies and certificates of insurance shall provide that the policies may not be canceled or altered without thirty (30) days prior written notice to the City. The City reserves the right from time to time to change the insurance coverage and limits of liability required to be maintained by Instructor hereunder. Instructor shall also require and ensure that each of its sub -contractors providing services hereunder (if any) procures and INSTRUCTOR AGREEMENT — REV. 7/24 Page 3 of 15 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax maintains, until the completion of the Services, insurance of the types and to the limits specified herein. ANY EXCEPTIONS TO THE INSURANCE REQUIREMENTS IN THIS SECTION MUST BE APPROVED IN WRITING BY THE CITY MANAGER. 7. TERMINATION AND REMEDIES FOR BREACH A. If, through any cause within reasonable control, Instructor fails to fulfill in a timely manner or otherwise violate any of the covenants, agreements, or stipulations material to this Agreement, the City shall have the right to terminate the Services then remaining to be performed. Prior to the exercise of its option to terminate for cause, the City shall notify Instructor of his or her violation of the particular terms of the Agreement and grant Instructor ten (10) days to cure such default. If the default remains uncured after ten (10) days, the City may terminate this Agreement, and the City shall receive from Instructor an amount equal to the actual cost of a third party to cure such failure. If Instructor fails, refuses, or is unable to perform any term of this Agreement, City shall pay for Services rendered as of the date of termination. In the event of termination, all finished and unfinished documents, data and other work product prepared by Instructor shall be delivered to the City and the City shall compensate Instructor for all Services satisfactorily performed prior to the date of termination, as provided herein. 2. Notwithstanding the foregoing, Instructor shall not be relieved of liability to the City for damages sustained by it by virtue of a breach of the Agreement by Instructor and the City may reasonably withhold payment to Instructor for the purposes of set-off until such time as the exact amount of damages due the City from Instructor is determined. Termination for Convenience of City. The City may, for its convenience and without cause, terminate the Services then remaining to be performed at any time by giving Instructor ten (10) days written notice. The terms of Paragraph 7(A)(1) and 7(A)(2) above shall be applicable hereunder. 8. INDEPENDENT CONTRACTOR RELATIONSHIP Instructor is an independent contractor and shall be treated as such for all purposes. Nothing contained in this Agreement or any action of the Parties shall be construed to constitute or to render Instructor an employee, partner, agent, shareholder, officer or in any other capacity other than as an independent contractor other than those obligations which have been or shall have been undertaken by the City. Instructor shall be responsible for any and all of its own expenses in performing its duties as contemplated under this Agreement. The assignment by the City of a time for classes is based solely upon the availability of the appropriate facility and is not a direction which would change the independent contractor relationship to one of an employee. The City shall not be responsible for any expense incurred by Instructor. The City shall have no duty to withhold any Federal income taxes or pay Social Security and such obligations shall be that of Instructor, INSTRUCTOR AGREEMENT — REV. 7/24 Page 4 of 15 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax other than those set forth in this Agreement. Instructor shall furnish its own transportation, office and other supplies as he or she determines necessary in carrying out the Services under this Agreement. 9. ASSIGNMENT The rights of each party under this agreement are personal to that party and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express, and written consent of the other party. 10. SECURITY BACKGROUND CHECK Prior to performing any Services pursuant to this Agreement, Instructor, and any other personnel authorized by the City in writing, shall be required to undergo a criminal background check consisting of a Florida Department of Law Enforcement ("FDLE") and Florida Crime Information Center/National Crime Information Center ("FCIC/NCIC") criminal records check, which will be facilitated by the City. Coordination of the background check described herein shall be through the City's Human Resources Department. Instructor shall be solely responsible for the cost of the background check described herein. The City shall have full discretion to disqualify, prevent, or remove Instructor or any employee or agent due to failure to meet this security background check requirement. Failure of Instructor to comply with this provision shall be cause for termination of this Agreement. Instructor shall ensure that only his or her properly designated and approved employees or subcontractors listed with the City Manager or his or her designee be permitted to provide Services under this Agreement, and that said employees or subcontractors undergo the security background check provisions as set forth herein. If the City cancels the class for any reason outside the reasonable control of Instructor, such as low enrollment in the scheduled class or Acts of God (including but not limited to fire, flood, earthquake, storm, hurricane or other natural disaster), then the City shall refund Instructor for the costs of the security background checks, provided the City does not reschedule the Classes within ninety (90) days of the canceled Classes. However, in the event Instructor cancels the Classes on his or her own initiative, then Instructor shall not be entitled to any refunds, including for the security background checks. 11. MEDIA RELEASE Instructor hereby provides City permission for photographs to be used in future promotional, materials by the City. Instructor agrees that any photographs, pictures, slides, movies, or videos may be taken by the City in connection with their participation in the event or activity without any compensation from the City or their agents and employees and does hereby consent to the use of said photographs, pictures, slides, movies, or videos for any legal purpose. Instructor further acknowledges and agrees that it is strictly prohibited from utilizing any photographs, pictures, slides, movies, videos, or digital content which depicts program participants, for any purpose, including but not limited to, Instructor's social media, website, or marketing materials. INSTRUCTOR AGREEMENT — REV. 7/24 Page 5 of 15 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 12. CONFIDENTIAL INFORMATION Instructor shall not, either during the term of this Agreement or any time for a period of ten (10) years subsequent to that date upon which this Agreement shall terminate for any reason whatsoever, disclose to any person or entity, other than in the discharge of the duties of Instructor under this Agreement, any information which the City designates in writing as "confidential," including but not limited to, identifying information regarding any class participants. As a violation by Instructor of the provisions of this Section could cause irreparable injury to the City and there is no adequate remedy at law for such violation, the City shall have the right, in addition to any other remedies available to it at law or in equity, to enjoin Instructor from violating such provisions. 13. JURISDICTION, VENUE AND WAIVER OF JURY TRIAL This Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Florida. All parties agree and accept that jurisdiction of any dispute or controversy arising out of this Agreement, and any action involving the enforcement or interpretation of any rights hereunder shall be brought exclusively in the Eleventh Judicial Circuit in and for Miami Dade County, Florida, and venue for litigation arising out of this Agreement shall be exclusively in such state courts, forsaking any other jurisdiction which either party may claim by virtue of its residency or other jurisdictional device. In the event it becomes necessary for the City to file a lawsuit to enforce any term or provision under this Agreement and the City is the prevailing party then the City shall be entitled to its costs and attorney's fees at the pretrial, trial and appellate levels. BY ENTERING INTO THIS AGREEMENT, INSTRUCTOR AND CITY HEREBY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO THIS AGREEMENT. Nothing in this Agreement is intended to serve as a waiver of sovereign immunity, or of any other immunity, defense, or privilege enjoyed by the City pursuant to Section 768.28, Florida Statutes. 14. INDEMNIFICATION AND WAIVER OF LIABILITY To the fullest extent permitted by law, Instructor agrees to indemnify, hold harmless and, at the City's option, defend or pay for an attorney selected by the City to defend City, its agents, representatives, officers, directors, officials and employees from and against any and all causes of action, demands, claims, losses, liabilities and expenditures of any kind, including attorney fees, court costs, and expenses, caused or alleged to be caused by the intentional or negligent act of, or omission of Instructor, including those of his or her employees, agents, servants, or officers, or accruing, resulting from, or directly related to the subject matter of this Agreement including, without limitation, any and all claims, losses, liabilities, expenditures, demands or causes of action of any nature whatsoever resulting from injuries or damages sustained by any person or property, regardless of whether such claims, losses, liabilities, expenditures, demands or causes of action of any nature whatsoever, occurs or accrues on or off city -owned property. It is understood and agreed upon by the Parties that the indemnification and hold harmless provisions contained herein also apply to any lessons, classes, supervision, or events occurring off City -owned properties. In the event any lawsuit or other proceeding is brought against City by reason of any INSTRUCTOR AGREEMENT — REV. 7/24 Page 6 of 15 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax such claim, cause of action or demand, Instructor shall, upon written notice from City, resist and defend such lawsuit or proceeding by counsel satisfactory to City. Instructor hereby further voluntarily releases, waives, discharges, covenants not to sue, and relinquishes against the City, its officers, agents, servants or employees from any and all actions or causes of action for personal injury, property damage, or wrongful death occurring to Instructor, and his or her employees, agents, or subcontractors, as a result of the use or occupancy of the City's facilities by the Instructor, while performing any activities pursuant to this Agreement, or while in, on or upon the premises where the activity is being conducted. The provisions and obligations of this section shall survive the expiration or earlier termination of this Agreement. To the extent considered necessary by City, any sum due Instructor under this Agreement may be retained by City until all of City's claims for indemnification pursuant to this Agreement have been settled or otherwise resolved; and any amount withheld shall not be subject to payment of interest by City. 15. COMPLIANCE WITH LAW Instructor shall comply with all laws, regulations, and ordinances of any federal, state, or local governmental authority having jurisdiction with respect to this Agreement and shall obtain and maintain any and all material permits, licenses, approvals and consents necessary for the lawful conduct of the Services contemplated under this Agreement. 16. NOTICES All notices and other communications required or permitted to be given under this Agreement by either party to the other shall be in writing and shall be sent (except as otherwise provided herein) (i) by certified or registered mail, first class postage prepaid, return receipt requested, (ii) by guaranteed overnight delivery by a nationally recognized courier service, or (iii) by electronic mail (e-mail) (with a copy simultaneously sent by certified or registered mail, first class postage prepaid, return receipt requested or by overnight delivery by traditionally recognized courier service), addressed to such party as follows: If to the City: Stan Morris With a copy to: City Manager City Attorney 18070 Collins Avenue 18070 Collins Avenue Sunny Isles Beach, Florida 33160 Sunny Isles Beach, Florida 33160 Tel: (305) 792-1776 Tel: (305) 792-1766 smorris@sibfl.net aboileau@ngLilaw.com If to Irina Valiullova, Director Instructor: 201 178 Drive, #209 Sunny Isesl Beach, Florida 33160 Tel: (305) 318-2113 Beingod7@gmail.com INSTRUCTOR AGREEMENT — REV. 7/24 Page 7 of 15 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 17. PUBLIC RECORDS Instructor shall be required to comply with the following requirements under Florida's Public Records Law: A. Instructor shall keep and maintain public records required by the City to perform the service. B. Upon request from the City, Instructor shall provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided by Chapter 119, Florida Statutes, or as otherwise provided by law. C. Instructor shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if Instructor does not transfer the records to the City. D. Instructor shall, upon completion of the contract, transfer, at no cost, to the City all public records in possession of Instructor or keep and maintain public records required by the City to perform the service. If Instructor transfers all public records to the City upon completion of the contract, Instructor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If Instructor keeps and maintains public records upon completion of the contract, Instructor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided by Instructor to the City, upon request from the City, in a format that is compatible with the information technology systems of the City. IF INSTRUCTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE INSTRUCTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CITY'S CUSTODIAN OF PUBLIC RECORDS AT (305) 792-1703, CityClerk@sibfl.net,18070 Collins Avenue, 4th Floor, Sunny Isles Beach, Florida 33160. 18. AUDIT Instructor shall make available to the City or its representative all required financial records associated with the Agreement for a period of three (3) years. 19. NON-DISCRIMINATION Instructor agrees to comply with all local and state civil rights regulations, including but not limited to, Title VI of the Civil Rights Act of 1984 as amended, Title VIII of the Civil Rights INSTRUCTOR AGREEMENT — REV. 7/24 Page 8 of 15 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Act of 1968 as amended, Title 1 of the Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and with Executive Order 11248 as amended by Executive Orders 11375 and 12086. Instructor will not discriminate against any participant, employee, or applicant for employment because of race, color, creed, religion, ancestry, national origin, sex, gender, disability or other handicap, age, marital/familial status, or status with regard to public assistance. 20. CONFLICT OF INTEREST. Instructor agrees to adhere to and be governed by the Miami -Dade County Conflict of Interest Ordinance Section 2-11.1, as amended; and by the City of Sunny Isles Beach Ordinance Section 33-3, which are incorporated by reference herein as if fully set forth herein, in connection with the Agreement conditions hereunder. Instructor covenants that he or she presently has no interest and shall not acquire any interest, directly or indirectly which should conflict in any manner or degree with the performance of Services under this Agreement. Instructor further covenants that in the performance of this Agreement, no person having any such interest shall knowingly be employed by Instructor. 21. SCRUTINIZED COMPANIES. Pursuant to Florida Statutes Section 287.135, and subject to limited exceptions contained therein, a company is ineligible to, and may not, bid on, submit a proposal for, or enter into or renew a contract with an agency or local governmental entity for goods or services if at the time of bidding, submitting a proposal for, or entering into or renewing a contract, the company is on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of Israel. Contractors must certify that the company is not participating in a boycott of Israel. Any contract for goods or services of One Million Dollars ($1,000,000) or more shall be terminated at the City's option if it is discovered that the company submitted a false certification, or at the time of bidding, submitting a proposal for, or entering into or renewing a contract, is listed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Terrorism Sectors List, created pursuant to Florida Statute Section 215.473, or is or has been engaged in business operations in Cuba or Syria, after July 1, 2018. Any contract entered into or renewed after July 1, 2018 shall be terminated at the City's option if the company is listed on the Scrutinized Companies that Boycott Israel List or engaged in the boycott of Israel. Instructor must submit the certification that is attached to this Agreement as Attachment "A." Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to the Instructor of the City's determination concerning the false certification. Instructor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination was in error. If Instructor does not demonstrate that the City's determination of false certification was made in error, then the City shall have the right to terminate the contract and seek civil remedies pursuant to Florida Statute Section 287.135. INSTRUCTOR AGREEMENT — REV. 7/24 Page 9 of 15 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 22. E -VERIFY Florida Statute 448.095 directs all public employers, including municipal governments, to verify the employment eligibility of all new public employees through the U.S. Department of Homeland Security's E -Verify System, and further provides that a public employer may not enter into a contract unless each party to the contract registers with and uses the E -Verify system. Florida Statute 448.095 further provides that if a contractor enters into a contract with a subcontractor, the subcontractor must provide the contractor with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. In accordance with Florida Statute 448.095, Instructor is required to verify employee eligibility using the E -Verify system for all existing and new employees hired by Instructor during the contract term. Further, Instructor must also require and maintain the statutorily required affidavit of its subcontractors. It is the responsibility of Instructor to ensure compliance with E -Verify requirements (as applicable). To enroll in E -Verify, employers should visit the E -Verify website (https://www.e- verify.gov/employers/enrolling-in-e-verify) and follow the instructions. Instructor must retain the 1-9 Forms for inspection, and provide the attached E -Verify Affidavit, attached hereto as Attachment `B." 23. HUMAN TRAFFICKING. Pursuant to Section 787.06, Florida Statutes, entitled "Human Trafficking," a governmental entity cannot execute, renew, or extend a contract with a nongovernmental entity that uses coercion for labor or services, as defined in Section 786.06(2), Florida Statutes. Instructor must submit the affidavit that is attached to this agreement as Attachment "C," signed by an officer or an authorized representative of the Instructor, under penalty of perjury, attesting that Instructor does not use coercion for labor or services as defined in Section 786.06(2), Florida Statutes. Submitting a false certification shall be deemed a material breach of contract. 24. MISCELLANEOUS. A. In the event any provision of this Agreement is found to be void and unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall nevertheless be binding upon the parties with the same effect as though the void or unenforceable provisions had been severed and deleted. B. This Agreement may be executed in multiple identical counterparts, each of which shall be deemed an original for all purposes. C. This Agreement shall constitute the entire agreement between the Parties with respect to the subject matter hereof, and it shall supersede all previous and contemporaneous oral and written negotiations, commitments, agreements and understandings relating hereto. D. Any modification of this Agreement shall be effective only if in writing and signed by the Parties to this Agreement. INSTRUCTOR AGREEMENT — REV. 7/24 Page 10 of 15 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax E. No waiver of any provision of this Agreement shall be valid or enforceable unless such waiver is in writing and signed by the party granting such waiver. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement in duplicate on the day and year first written above. DREAM FOR KIDS, INC. BY: Irina Valiullova, Director STATE OF FLORIDA: COUNTY OF MIAMI-DADE: The foregoing instrument.was acknowledged before me by means of 2 physical presence or El online notarization, this day of July, 2024, by Irina Valiullova, as Director of Dream for Kids, Inc. (SEAL) Personally Known or Produced Identification i Type of Identification Produced: 01 l\ye: `.1Cef Notary Public, State of Florida (Si e -of Nptaryu lic STACIE QUTAN Notary Public • State of jAssn. .e (Pr i; "nded°"" {i es Oct 3 g Na on a CO Public) [ADDITIONAL SIGNATURE PAGE TO FOLLOW] INSTRUCTOR AGREEMENT — REV. 7/24 Page 11 of 15 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax A CITY OF SUNNY ISLES BEACH P BY: Stan Morris, City Manager APPROVED AS TO FORM AND LEGAL SUFFICIENCY Og. A BY: 9641W lain E. Boileau, for Nabors, Giblin & Nickerson, P.A., City Attorney INSTRUCTOR AGREEMENT — REV. 7/24 Page 12 of 15 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax ATTACHMENT "A" INSTRUCTOR AGREEMENT — REV. 7/24 Page 13 of 15 SUNNY ig�� ti n CONTRACTOR ANTI -BOYCOTT CERTIFICATION 'Sp s9>'FLOW�OP1 w- PN° [PURSUANT TO FLORIDA STATUTE § 215.1351 I, l (, ) I, -)Gy h?/i/d/40,�on behalf of <V ) Vl 0 iJ R l Print Name Company Name certifies that 9'; ncr �tIIZAOVt, does not: Company Name 1. Participate in a boycott of Israel; and 2. Is not on the Scrutinized Companies that Boycott Israel list; and 3. Is not on the Scrutinized Companies with Activities in Sudan List; and 4. Is not on the Scrutinized Companies with Activities in the Iran Terrorism Sectors List; and 5. Has not engaged in business operations in Cuba or Syria. Signature Title Date City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax ATTACHMENT "B" INSTRUCTOR AGREEMENT — REV. 7/24 Page 14 of IS E -Verify Affidavit Florida Statute 448.095 directs all public employers, including municipal governments, to verify the employment eligibility of all new public employees through the U.S. Department of Homeland Security's E - Verify System, and further provides that a public employer may not enter into a contract unless each party to the contract registers with and uses the E -Verify system. Florida Statute 448.095 further provides that if a contractor enters into a contract with a subcontractor, the subcontractor must provide the contractor with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. In accordance with Florida Statute 448.095, all contractors doing business with the City of Sunny Isles Beach are required to verify employee eligibility using the E -Verify system for all existing and new employees hired by the contractor during the contract term. Further, the contractor must also require and maintain the statutorily required affidavit of its subcontractors. It is the responsibility of the awarded vendor to ensure compliance with E -Verify requirements (as applicable). To enroll in E -Verify, employers should visit the E -Verify website (https://www.e-verify.gov/emplovers/enrolling-in-e-verify) and follow the instructions. The contractor must, as usual, retain the I-9 Forms for inspection. By affixing your signature below you hereby affirm that you will comply with E -Verify requirements. Company Name —t4�- Offeror Signatur ,-.7 Y r k,:1, Print Name Federal Employer Identification Number (FEIN) Date (2 &, O -C P-, � zoo —?// �Ga c� Title Notary Public Information Sworn to and subscribed before me on this this qday of 202)°. By C510L ❑ Is personally known to me ltd Has produced identification (type of identification produced: Signat�rrrure of Notary Public a ,.o{i�Y ��'' •., STACIE 3Notary ?, Notary Public • S Commission # My Comm. Expir Bonded through Natio Expiration Date City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax ATTACHMENT "C" INSTRUCTOR AGREEMENT — REV. 7/24 Page 15 of 15 SUNNY J$4 1 O� .SBF u = OF S°" pyo Affidavit of Compliance with Anti -Human Trafficking Laws City of Sunny Isles Beach 95070 Collins Avenue Sunny Isles Beach, FL 33960 Telephone: (305) 947-0606 The undersigned, on behalf of the entity listed below ("Entity"), hereby attests, under penalty of perjury, as follows: 1. Entity does not use coercion for labor or services as defined in Section 787.06, Florida Statutes. (Source: § 787.06 (13), Florida Statutes — Human Trafficking). 2. The undersigned is authorized to execute this affidavit on behalf of Entity. Date: U�,P) t(op) , 20A� Entity: STATE OF COUNTY OF M100 Si Name: --� l�l��' �� �� 41�l©f/l' Title:/ re_C V The foregoing instrument was acknowledged before me, by rfleans of Wp-hysical presence or ❑ onl��)f)OL notarization, this day of ' . G 20�, by \/a)'l as Owe-ct" for ,, who is personally known to me or who has produced DS-\ve-`Z` &0 Notary Public Signature:------ �' - Print Name: 67 tO� WU od as identifii ilgq STACIE QuIAN Notary Public - State of Florida Commission k HH 326924 �'? o? My Comm. Expires Oct 30, 2026 Bonded through National Notary Assn. State 11"11 Mr My commission expires:�C1 30 Z NC t PLOD-. �4 FrY 4F City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305)949-3113 Fax MEMORANDUM TO: Honorable Mayor and City Commissioners VIA: Stan Morris, City Manager FROM: Gayle Vasile, Cultural and Community Services Director DATE: July 18, 2024 RE: Dream for Kids, Inc. Exemption from Competitive Bidding RECOMMENDATION: Staff recommends approval of this Resolution. REASONS: The City entered into a one-year contract with Dream for Kids, Inc. on October 4, 2023. This agreement allowed Dream for Kids, Inc. to offer theater classes for residents at Pelican Community Park. For services provided to the City during the term of this agreement, the City pays Dream for Kids, Inc. seventy (70%) percent of revenues collected from prepaid registrations. Pursuant to the agreement's terms, the instructor's total compensation shall not exceed $49,500. However, should the total approach this amount, the City Commission must approve it. Dream for Kids, Inc. has collected $48,481.13. in revenue fees as of July. Additional classes will begin in September with an anticipated revenue of $7,000. I n accordance with our competitive bidding process, the following shall be exempt from the competitive bidding procedures: (2) Artistic services which are original and creative in character and skill in a recognized field or artistic endeavor such as music, dance, drama, painting, sculpture, and the like. ADDITIONAL INFORMATION: All other contract terms and conditions will remain the same. FUNDING SOURCE: Funding will be appropriated in the FY 24-25 budgeted from 001-6-5720-431000-60810 (rec programs) Item Number: 10.K 200 & 001-6-5720-431000-60891 (specialty summer camp). ATTACHMENTS: Resolution Item Number: 10.K 201