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HomeMy WebLinkAbout23796AGREEMENT INFORMATION AGREEMENT NUMBER 23796 NAME/TYPE OF AGREEMENT AMIGOS TOGETHER FOR KIDS, INC. DESCRIPTION PROGRAMMING AGREEMENT/AFTER SCHOOL PROGRAMMING & WRAP AROUND SERVICES/FILE ID: 1751/R- 17-0153/MATTER ID: 18-468/#15 EFFECTIVE DATE May 12, 2017 ATTESTED BY TODD B. HANNON ATTESTED DATE 2/11/2022 DATE RECEIVED FROM ISSUING DEPT. 3/1/2022 NOTE • I.f1., 1111,1 • f I 11 _ 0 R X CITY OF MIAMI DOCUMENT ROUTING FORM ORIGINATING DEPARTMENT: Park and Recreation DEPT. CONTACT PERSON: LaCleveia Morley EXT. 305.416.1332 NAME OF OTHER CONTRACTUAL PARTY/ENTITY: Amigos Together For Kids, Inc. IS THIS AGREEMENT A RESULT OF A COMPETITIVE PROCUREMENT PROCESS? ❑ YES ❑ NO TOTAL CONTRACT AMOUNT: 5 FUNDING INVOLVED? 0 YES ® NO TYPE OF AGREEMENT: ❑ MANAGEMENT AGREEMENT ❑ PROFESSIONAL SERVICES AGREEMENT ❑ GRANT AGREEMENT ❑ EXPERT CONSULTANT AGREEMENT ❑ LICENSE AGREEMENT ❑ PUBLIC WORKS AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ INTER -LOCAL AGREEMENT ❑ LEASE AGREEMENT ❑ PURCHASE OR SALE AGREEMENT OTHER: (PLEASE SPECIFY) Programming Partnership Agreement PURPOSE OF ITEM (BRIEF SUMMARY): Agreement' allowing Amigos to use Jose Marti Park to provide After School programming and wrap around services for City of Miami residents and families in the surrounding area. COMMISSION APPROVAL DATE: 3 /23 / 17 FILE ID: 1751 ENACTMENT NO.: R-17-0153 IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLAIN: ROUTING INFORMATION . Date PLEASE PRINT AND SIGN APPROVAL BY DEPARTMENTAL DIRECTOR PRINT: Bare = . Hernandez SIGNATURE: p.m, -TO PRINT: nn--Marie Shar e SUBMITTED RISK MANAGEMENT ag°°°�y,.��aam� SIGNATURE: Gomez, Frank.o;c`,a,,,a,,,,,a,,, SUBMITTED TO CITY ATTORNEY ictor�a �d �ez ; PRINTNT:a44 ttsy SIGNATURE: ,cc .... APPROVAL BY ASSISTANT CITY MANAGER LL 7 0462 2 PRINT: Natasha Colebrook - Williams SIGNATURE: (.-, (7�yi ,-..--.5 APPROVAL BY DEPUTY CITY MANAGER PRINT: Dr. Nzeribe Ihekwaba SIGNATURE: RECEIVED BY CITY MANAGER 410 b'a PRINT: Art Noriegd SIGNATURE: ._ a I ��I' 02 i��/ SIGNATURE:PRINT:a-§ J-1l)lA01) PRINT: / SIGNAT RE: } I PRINT: n SIGNATURE: / r' 401�1ETORIGIiV'A3e�iTtaIGiTrY LtrRK4 2) ',n NE COPY I ,T QR E ' OF 1GFa 3) ,IilE191_1.A119MC flR)GIi41;14Lr{S)�TLC3TflRiCli1li!A�TII�fO4ife9 OEly',t E MM1 E tiii PLEASE ATTACH THIS •:OUTING FORM TO ALL DOCUMENTS THAT REQUI EXECUTION BY THE CITY MANAGER PROGRAMMING AGREEMENT BETWEEN THE CITY OF MIAMI, FLORIDA AND AMIGOS TOGETHER FOR KIDS, INC. THIS AGREEMENT ("Agreement") is between the City of Miami, a Florida municipal corporation, hereafter "City", whose address is 444 Southwest 2nd Avenue, Miami, Florida 33130 and Amigos Together For Kids, Inc., a Florida Not -For -Profit Corporation (doing business as Amigos for Kids), hereafter "Programming Partner," whose address is 2153 Coral Way, Suite 405, Miami, Florida 33145. In consideration of the mutual covenants herein, the City and Programming Partner (sometimes hereafter referred to collectively as the "Parties" and individually as a'`Party") agree as follows: A. EFFECTIVE TERM The effective term of this Agreement shall be from May 12, 2017 through May 11, 2022, subject to the Programming Partner's performance ("Effective Term"). B. TERMS OF RENEWAL This Agreement may be renewed for a maximum of two (2) successive five (5)-year terms, for a total term not to exceed fifteen (15) years, upon written authorization from, and at the sole discretion of, the City, along with an acknowledgment from the Programming Partner. In determining whether to renew this Agreement, the City, in its sole discretion and in accordance with Miami City Commission authorization, will consider, but is not limited to, the following factors: 1. Programming Partner meeting the performance requirements specified in this Agreement. 2. Continued demonstrated and documented need for the programming funded. 3. Program performance, fiscal performance, and compliance by the Programming Partner that is deemed satisfactory in the City's sole discretion. 4. If applicable, the City in its sole discretion will initiate re -negotiation of this Agreement before the agreement term expires. 5. The Programming Partner's performance under any other agreement with the City. Before the City may contemplate whether it will renew this Agreement, the Programming Partner must first submit updated documents for the City's approval. The aforementioned updated documents are: scope of services, budget, copy of subcontracts (if applicable), floorplan/use of space/schedule of activities, proof of fidelity bond insurance (if applicable), proof of worker's compensation insurance (if applicable), proof of comprehensive general liability insurance, proof of automobile liability insurance (if applicable), proof of professional liability insurance (if applicable), proof of property coverage (if applicable), proof of tax status, proof of staff level 2 background screenings (for staff listed in the budget, and for all persons interacting with children, the elderly, or persons with disabilities), affidavit of level 2 background screenings, a summary of the work completed in the previous year, and any/all other documents that the City deems necessary. The City agrees to not unreasonably delay renewal. C. SCOPE OF SERVICES 1. The Programming Partner agrees to render programming, at Jose Marti Park, located at 351 S.W. 4th Avenue, Miami, FL 33144 ("Park") in accordance with the Scope of Page 1 of 19 Services, as set forth in Attachment A, hereafter "Services" or "Programming," to this Agreement. The Programming Partner shall implement the Programming in a manner deemed satisfactory to the City and in conformity with City Commission Resolution No. R-17-0153, adopted on March 23, 2017, as set forth in Attachment H, which is attached hereto and is incorporated herein. Any modification to the Programming shall not be effective until approved, in writing, by the City and the Programming Partner. 2. The Programming activities and performance measures, as well as complete and accurate data and Programming information will be used in the evaluation of the Programming Partner's overall performance. 3. The Parties agree and acknowledge that Programming Partner shall not cause or take part in any activities that are outside the Scope of Services, as described in Attachment A, without prior written authorization from the Director of the Department of Parks and Recreation and without proper permits. D. TOTAL FUNDING Subject to the availability of funds, and budgetary approval, the maximum annual amount payable from Programming Partner to the City rendered under this Agreement shall not exceed $12.00. The Programming Partner agrees to adhere to Attachment B of this Agreement, which is attached hereto and incorporated herein: Other Fiscal Requirements, Budget and Method of Payment. The Parties acknowledge that Attachment I, if applicable, whose terms are incorporated herein in their entirety, has been implemented and that the criteria found therein has been completed, and therefore the Programming Partner has been compensated in accordance with Attachment I, which is attached hereto and is incorporated herein for the services rendered during the Effective Term of this Agreement. E. FISCAL AND FACILITY MANAGEMENT 1. No Funding From City The City is not providing any funding to the Programming Partner under this Agreement. Accordingly, notwithstanding anything contained herein to the contrary, the provisions of Section E and any other provisions of this Agreement that impose any obligations on the Programming Partner in connection with or as a result of, or any other provisions which otherwise relate to, the payment of funds by the City to the Programming Partner shall not apply to the Programming Partner. 2. Facility Maintenance Costs The City shall be responsible for all costs and expenses of the Park used by the Programming Partner in connection with providing the Programming, including, but not limited to, electricity, water, cooling and heating, telecommunications, internet, sewage, reasonable wear and tear of the facilities, waste collection, and routine janitorial services. The City, at its sole cost and expense, shall maintain the Park and its facilities used by the Programming Partner in connection with providing the Programming in good working order. Notwithstanding anything contained herein to the contrary, Programming Partner shall (i) use disinfectant solution to clean/wipe high - touch areas, as designated by the City in writing, in the portions of the Park utilized by Programming Partner, on a daily basis, (ii) clean up after itself after conducting Programming so that the portions of the Park utilized by Programming Partner are in Page 2of19 as -good or better condition than when Programming Partner began its Services on that day, and (iii) bag the garbage in the portions of the Park that Programming Partner has utilized and place said bagged garbage in an area designated by the City in writing, on a daily basis. 3. Assignments and Subcontracts The Programming Partner shall not assign this Agreement to another party. The Programming Partner shall not subcontract any Programming under this Agreement without written prior approval from the City. In any subcontract, the Programming Partner shall incorporate appropriate language from this Agreement into each subcontract and shall require each subcontractor providing Programming to be governed by the terms and conditions of this Agreement. The Programming Partner shall submit to the City a copy of each subcontract to this Agreement within thirty (30) days of the subcontract's execution. All subcontractors are subject to monitoring by the Programming Partner and/or the City, in the same manner as the Programming Partner under the terms of this Agreement. The Programming Partner acknowledges and agrees that the City and any subcontractor to this Agreement have authority to communicate and exchange information about any agreement, program, and/or fiscal issues. The Programming Partner waives any and all claims, demands, and/or legal action based upon any such communications The Programming Partner shall be responsible for all Programming performed, and all expenses incurred, under this Agreement, including Programming provided and expenses incurred by any and all subcontractors. The City shall not be liable to any subcontractor for any reimbursable expenses or liabilities incurred under any subcontract. The Programming Partner shall be solely liable for any expenses or liabilities incurred under any subcontract. The Programming Partner agrees to hold harmless, indemnify, and defend, at the Programming Partner's expense, the City against any claims, demands or actions related to any subcontract. The Programming Partner and any subcontractor must be currently qualified to conduct business in the State of Florida and must have the required licenses and permits required to do business in the City at the time that a subcontractor agreement is entered into and Programming is rendered. 4. Compliance The Programming Partner agrees to maintain and ensure its compliance, as applicable, with federal, state, county, and local laws. This includes, but is not limited to, maintaining an active status in good standing as a Florida Not -For -Profit Corporation, adherence to IRS rules and regulations requiring timely filing of tax documents to maintain tax-exempt status, as well as IRS rules and regulations, and other grant funded ongoing compliance requirements, pertaining to the use of City parks and recreation facilities. The Programming Partner understands and agrees that the real property, facilities, and/or improvements thereon at the Park that are being used for the Program have been or may have been constructed, improved, and/or acquired through funding from tax - Page 3 of 19 exempt bonds and other restricted funds. Accordingly, the Programming Partner understands and agrees that its uses of the Park are limited to the Program for public services and that the Programming Partner will not undertake or allow its subcontractors to undertake any private uses of the Park for their own private purposes. Failure to comply with this compliance requirement shall result in termination of this Agreement by the City. F. INDEMNIFICATION BY PROGRAMMING PARTNER The Programming Partner agrees to indemnify, hold/ save harmless, release, and defend at its own costs and expense, the City, its officials, and employees from claims (collectively referred to as "Indemnitees") and each ofthem from and against all loss, costs, penalties, fines, damages, claims, expenses, or liabilities (collectively referred to as "Liabilities") by reason of any injury to or death of any person or damage to or destruction or loss of any property arising out of, resulting from, or in connection with (i) the negligent performance or non-performance, ofthe Services contemplated by this Agreement (whether active or passive), of the Programming Partner or its employees or subcontractors (collectively referred to as the "Programming Partner") which is directly caused, in whole or in part, by any act, omission, default or negligence (whether active or passive or in strict liability) ofthe Programming Partner, or any ofthem, or (ii) the failure ofthe Programming Partner to comply materially with any of the requirements herein, or (iii) the failure of the Programming Partner to conform to statutes, ordinances, or other regulations or requirements of any governmental authority, local, federal or state, in connection with the performance of this Agreement even if it is alleged that the City, its officials and/or employees were negligent. The Programming Partner expressly agrees to indemnify, hold/ save harmless, release, and defend at its own costs and expense, the Indemnitees, or any of them, from and against all liabilities which may be asserted by an employee or former employee of the Programming Partner, or any of its subcontractors, as provided above, for which the Programming Partner's liability to such employee or former employee would otherwise be limited to payments under state Workers' Compensation or similar laws. The Programming Partner further agrees to indemnify, hold/ save harmless, release, and defend at its own costs and expense, the Indemnitees from and against (i) any and all Liabilities imposed on account of the violation of any law, ordinance, order, rule, regulation, condition, or requirement, related directly to the Programming Partner's negligent performance under this Agreement, compliance with which is left by this Agreement to the Programming Partner, and (ii) any and all claims, and/or suits for labor and materials furnished by the Programming Partner or utilized in the performance of this Agreement or otherwise. The Programming Partner's obligations to indemnify, hold/ save harmless, release, and defend at its own costs and expense, the Indemnitees shall survive the termination/expiration of this Agreement. The Programming Partner understands and agrees that any and all liabilities regarding the use of any subcontractor for Services related to this Agreement shall be borne solely by the Programming Partner throughout the duration of this Agreement and that this provision shall survive the termination or expiration of this Agreement, as applicable. G. COPYRIGHTS AND RIGHT TO DATA/MATERIALS Where activities supported by this Agreement produce original writing, data, sound recordings, pictorial reproductions, drawings or other graphic representations and works of similar nature, the Page 4 of 19 City has a license to reasonably use, duplicate and disclose such materials in whole or in part in a manner consistent with the purposes and terms of this Agreement, and to have others acting on behalf of the City to do so, provided that such use does not compromise the validity of any copyright, trademark or patent. If the data/materials so developed are subject to copyright, trademark or patent, legal title and every right, interest, claim or demand of any kind in and to any patent, trademark or copyright, or application for the same, will vest in the Programming Partner or with any applicable third party who has licensed or otherwise permitted the Programming Partner to use the same. The Programming Partner agrees to allow the City and others acting on behalf of the City to have reasonable use of the same consistent with the purposes and terms of this Agreement, at no cost to the City, provided that such use does not compromise the validity of such copyright, trademark or patent. H. OWNERSHIP AND LICENSING OF INTELLECTUAL PROPERTY This Agreement is subject to the provisions, limitations and exceptions of Chapter 119, Florida Statutes, regarding public records. Accordingly, to the extent permitted by Chapter 119, Florida Statutes, the Programming Partner retains sole ownership of intellectual property developed under this Agreement. The Programming Partner is responsible for payment of required licensing fees if intellectual property owned by other parties is incorporated by the Programming Partner into the services required under this Agreement. Such licensing should be in the exclusive name of the Programming Partner. Payment for any licensing fees or costs arising from the use of others' intellectual property shall be at the sole expense of the Programming Partner. The Programming Partner agrees to indemnify, hold/ save harmless, release, and defend the City from liability of any nature or kind, including costs and expenses for or on account of third party allegations that use of any intellectual property owned by the third party and provided, manufactured or used by the Programming Partner in the performance of this Agreement violates the intellectual property rights of that third party. I. BREACH OF CONTRACT AND REMEDIES 1. Breach A material breach by the Programming Partner shall have occurred under this Agreement if the Programming Partner through action or omission causes any of the following: a. Fails to comply with Background Screening, as required under this Agreement; b. Fails to provide the Programming outlined in the Scope of Services (Attachment A) within the Effective Term of this Agreement; c. Fails to correct an imminent safety concern or take acceptable corrective action; d. Does not furnish and maintain the certificates of insurance required by this Agreement or as determined by the City; e. Does not meet or satisfy the conditions of award required by this Agreement; f. Does not submit or submits incomplete or incorrect required reports pursuant to the Scope of Services (Attachment A), as well as elsewhere in this Agreement; g. Refuses to allow the City access to records or refuses to allow the City to monitor, evaluate and review the Programming Partner's program on site; h. Fails to comply with incident reporting requirements as described herein; i. Attempts to meet its obligations under this Agreement through fraud, Page 5of19 misrepresentation or material misstatement; j. Fails to correct deficiencies found during a monitoring, evaluation or review within a specified reasonable time; k. Fails to meet the terms and conditions of any obligation or repayment schedule to the City or any of its agencies; 1. Fails to maintain the confidentiality of participant files, pursuant to Florida and federal laws; m. Fails to fulfill in a timely and proper manner any and all of its obligations, covenants, contracts and stipulations in this Agreement; and n. Fails to allow audit of its operations or inspection of its program locations funded by the City. Sections 18-100 to 18-102 of the City Code dealing with Audits and Inspections are deemed as being incorporated by reference herein and apply to this Agreement as Supplemental Terms. o. Failure to submit a detailed quarterly written schedule of any and all activities that the Programming Partner will provide in the Park to the Director of the City's Department of Parks and Recreation prior to said activities occurring, but solely to the extent that such activities or schedule are materially different from those contemplated on Attachment A or Attachment E, as applicable. P. Failure to bag garbage and place it in the designated area daily, clean up after itself after Programming daily, and wipe down high -touch points daily, as described in Section E above. Waiver of breach of any provisions of this Agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Agreement. Programming Partner agrees to report to City of a breach in writing immediately after Programming Partner learns of said breach. 2. Remedies If the Programming Partner fails to cure any breach of this Agreement within thirty (30) days after receiving written notice from the City identifying the breach, the City may pursue any or all of the following remedies: a. The City may, at its sole discretion, enter into a written performance improvement plan with the Programming Partner to cure any breach of this Agreement as may be permissible under state or federal law. Any such remedial plan shall be an addition to this Agreement and shall not affect or render void or voidable any other provision contained in this Agreement, costs, or any judgments entered by a court of appropriate jurisdiction. b. The City may terminate this Agreement by giving written notice to the Programming Partner of such termination and specifying the date of termination at least five (5) business days before the effective date of termination. In the event of such termination, the City may (a) request the Programming Partner to deliver to the City clear and legible copies of all finished or unfinished documents, studies, surveys, reports prepared and secured by the Programming Partner within the Park Page 6 of 19 subject to the rights of the Programming Partner as provided for herein; (b) terminate or cancel, without cause, any other agreements entered into between the City and the Programming Partner by providing separate written notices to the Programming Partner of each such termination and specifying the effective date of termination, which must be at least five (5) business days before the effective date of such termination, in which event the City shall continue to review and pay verifiable requests for payment as provided for in such other agreements for services that were performed and/or for deliverables that were substantially completed prior to the effective date of such termination. The Programming Partner shall be responsible for their direct and indirect costs associated with such termination, including their own attorney's fees. Prior to the effective date of termination, the Programming Partner shall promptly cease using the City's logo, seal and/or any other reference to the City in connection with such Services, and shall promptly return, to the City, such logos, seals, and other items provided by the City. c. The City may seek enforcement of this Agreement including but not limited to filing an action with a court of appropriate jurisdiction. In the event litigation, arbitration, or mediation, between the parties hereto, arises out of the terms of this Agreement, each party shall be responsible for its own attorney's fees, costs, charges, and expenses through the conclusion of all appellate proceedings, and including any final settlement or judgment. d. The provisions of this Section I shall survive the expiration or termination of this Agreement. J. TERMINATION The Parties retains the right to terminate this Agreement and any renewal/extension hereof at any time prior to the completion of the Services required under this Agreement and/or under any renewal/extension hereof, at -will and without penalty to either Party, in each case, upon thirty (30) days' prior written notice to the non -terminating Party. In that event, the terminating Party shall give written notice of termination to the non -terminating Party, as set forth in Section N above. K. INSURANCE REQUIREMENTS Prior to, or on the execution date of this Agreement, the Programming Partner shall provide the City's Risk Management Department original Certificates of Insurance in accordance to Attachment F, which is attached hereto and is incorporated herein. Failure by the Programing Partner to comply with Section K and Attachment F of this Agreement shall be a material breach of this Agreement. The City will not permit Programming Partner to utilize the Park until all required Certificates of Insurance have been provided to and have been approved by the City. 1. Certificate Holder Certificate holder must read: The City of Miami, Florida c/o Risk Management Department Page 7 of 19 444 S.W. 2nd Avenue, 9th Floor Miami, Florida 33130 And Amigos Together For Kids, Inc. 2153 Coral Way, Suite 405 Miami, Florida 33145 2. Classification and Rating All insurance policies required above shall be issued by companies authorized to do business under the laws of the State of Florida, with the following qualifications: The company must be rated no less than "A-" as to management, and no less than "Class V" as the financial strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent, subject to the reasonable approval of the City. The Programming Partner and/or the Programming Partner's insurance agent, as applicable, shall notify the City, in writing, of any material changes in insurance coverage, including, but not limited, to any renewals of existing insurance policies, not later than thirty (30) days prior to the effective date of making any material changes to the insurance coverage except for ten (10) days for lack of payment changes. The Programming Partner shall be responsible for ensuring that all applicable insurances are maintained and submitted to the City for the duration of this Agreement. In the event of any change in the Programming Partner's Scope of Services (Attachment A), the City may increase, waive or modify, in writing any of the foregoing insurance requirements. Any request by the Programming Partner to decrease, waive or modify any of the foregoing insurance requirements shall be approved, in writing, by the City to any such decrease, waiver or modification. In the event that an insurance policy is canceled, lapsed or expired during the effective period of this Agreement, the City shall not permit the Programming Partner to utilize the Park until a new Certificate of Insurance required under this Section is submitted and approved by the City. The new insurance policy shall cover the time period commencing from the date of cancellation of the prior insurance policy. The City may require the Programming Partner to furnish additional and different insurance coverage, or both, as may be required from time to time under applicable federal or state laws or the City requirements. Provision of insurance by the Programming Partner, in no instance, shall be deemed to be a release, limitation, or waiver of any claim, cause of action or assessment that the City may have against the Programming Partner for any liability of any nature related to performance under this Agreement or otherwise. All insurance required hereunder may be maintained by the Programming Partner pursuant to a master or blanket policy or policies of insurance. Page 8of19 L. PROOF OF TAX STATUS The Programming Partner is required to keep on file the following documentation for review by the City: 1. The Internal Revenue Service (IRS) tax status determination letter, if applicable; 2. The most recent (two years) IRS form 990 or applicable tax return filing within six (6) months after the Programming Partner's fiscal year end or other appropriate filing period permitted by law; 3. IRS form 941: employer's quarterly federal tax return. If required by the City, the Programming Partner agrees to submit form 941 within thirty (30) calendar days after the quarter ends and if applicable, any state and federal unemployment tax filings. If form 941 and unemployment tax filings reflect a tax liability, then proof of payment must be submitted within sixty (60) calendar days after the quarter ends; and 4. Programing Partner's Articles of Incorporation, Charter and Bylaws, and amendments thereto, if any, certified by the Programming Partner's Secretary to be current, complete and correct. 5. Corporate Resolution from Programming Partner which authorizes the signatory to sign this agreement thereby binding the Programming Partner to this Agreement, as set forth in Attachment G, which is attached hereto and is incorporated herein. M. FEDERAL TAX MATTERS RELATING TO TAX-EXEMPT FINANCING The Programming Partner acknowledges that it is advised by the City that property of the City used under this Agreement may have been financed with tax-exempt bonds issued for the benefit of the City. Accordingly, it is the intent of the Programming Partner and the City that this Agreement be interpreted in a manner that meets an exception from "private business use" under Section 141 of the Internal Revenue Code, and specifically meets a safe harbor from private business use under Internal Revenue Service Rev. Proc. 2017-13. The Programming Partner agrees that it is not entitled to and will not take any tax position that is inconsistent with being a service provider to the City with respect to the property provided by the City that is managed or otherwise used under this Agreement. For example, the Programming Partner agrees not to claim any depreciation or amortization deduction, investment tax credit, or deduction for any payment as rent with respect to the property provided by the City that is managed or otherwise used under this Agreement. The Programming Partner specifically acknowledges and agrees that this Agreement is not a lease, and provides for no rights of any kind to the Programming Partner as a lessee. N. NOTICES All notices or other communication which shall or may be given pursuant to this Agreement shall be in writing, and shall be delivered by personal service or by registered mail to the other Party at the addresses indicated below. Such notice shall be deemed given on the day on which personally served or, if by registered mail, on the fifth (5) day after mailing or the date of actual receipt, whichever is earlier. It is each Party's responsibility to advise the other Party in writing of any changes in mailing address or personnel responsible for accepting Notices under this Agreement. Page 9of19 CITY OF MIAMI City Manager City of Miami 3500 Pan American Drive Miami, Florida 33132 With copies to: Director of Parks and Recreation City of Miami 444 SW 2nd Avenue, 8th Floor Miami, Florida 33130 City Attorney City of Miami 444 SW 2nd Avenue, Suite 945 Miami, Florida 33130 PROGRAMMING PARTNER Amigos Together For Kids, Inc. 2153 Coral Way, Suite 405 Miami, Florida 33145 Attention: Karina Pavone, Executive Director O. AUTONOMY The Parties agree that the Programming Partner and its employees, agents, servants, partners, principals and subcontractors are independent contractors, and not agents or employees ofthe City. They shall not attain any rights, status or benefits under the Civil Service or Pension Ordinances of the City, or any rights, status or benefits generally afforded classified or unclassified employees, temporary or permanent, by virtue of this Agreement. Further, the Programming Partner and its employees, agents, servants, partners, principals and subcontractors shall not be entitled to any of the Florida Worker's Compensation benefits, healthcare benefits, or Unemployment Compensation benefits, available to employees of the City. In the event this Agreement is terminated, with or without cause, neither the Programming Partner nor its employees, agents, servants, partners, principals and subcontractors shall have recourse to any City grievance or disciplinary procedures. Access to, and use of, City Parks and Recreation facilities does not alter the status of the Programming Partner and its employees, agents, servants, partners, principals and subcontractors as independent contractors. P. RECORDS, REPORTS, AUDITS AND MONITORING The provisions of this Section shall survive the expiration or termination of this Agreement, consistent with Florida laws. 1. Accounting Records The Programming Partner shall keep accounting records that conform to generally accepted accounting principles (GAAP). All such records will be retained by the Programming Partner for not less than three (3) years beyond the last date that all applicable terms of this Agreement have been complied with, and program specific audits have been completed by the City. However, if any audit, claim, litigation, negotiation or other action involving this Agreement or modification hereto has commenced before the expiration of the retention period, then the records shall be Page 10 of 19 retained until completion of the action and resolution of all issues which arise from it, or until the end of the regular retention period, whichever is later. 2. Program Specific Audit City reserves the right to audit the records of the Programming Partner at any time during the performance of the Agreement, and for a period not less than three (3) years beyond the last date that all applicable terms of this Agreement have been complied with, and final payment has been received. The Programming Partner agrees to provide to the City all financial and other applicable records and documentation relevant to the Programming provided pursuant to this Agreement. 3. Access to Records The Programming Partner shall permit access to all records including subcontractor records, which relate to this Agreement at its place of business during regular business hours. The Programming Partner agrees to deliver such assistance as may be necessary to facilitate a review or audit by the City to ensure compliance with the terms of this Agreement. The City reserves the right to require the Programming Partner to submit to an audit by an auditor of the City's choosing and at the City's expense. 4. Monitoring The Programming Partner agrees to permit the City's personnel or contracted agents to perform random scheduled and/or unscheduled monitoring, reviews and evaluations of the Programming which is the subject of this Agreement, including any subcontracts under this Agreement. The City shall monitor both administrative and programmatic compliance with all the terms and conditions of the Agreement. The Programming Partner shall permit the City to conduct site visits, participant interviews, participant assessment surveys, fiscal/administrative review and other assessments deemed reasonably necessary at the City's sole discretion to fulfill the monitoring function. A report of monitoring findings will be delivered to Programming Partner and the Programming Partner will remedy all deficiencies cited within the period of time specified in the report. 5. Participant Records The Programming Partner shall maintain a separate file for each program participant. This file shall include all pertinent information regarding program enrollment and participation. At a minimum, the file will contain enrollment information (including parent registration consents and child demographics), and notes documenting referrals, special needs, or incident reports. These files shall be subject to the monitoring/review and inspection requirements under this Agreement, subject to applicable confidentiality requirements. All such records will be retained by the Programming Partner for not less than three (3) calendar years after the program participant is no longer enrolled. The Programming Partner agrees to comply with all applicable state and federal laws on privacy and confidentiality. 6. Internal Documentation/Records Retention Programing Partner agrees to maintain and provide for inspection to the City, during regular business hours the following as may be applicable: (1) personnel files of Page 11 of 19 employees which include hiring records, background screening affidavits, job descriptions, verification of education and evaluation procedures; (2) authorized time sheets, records and attendance sheets to document the staff time billed to provide Programming pursuant to this Agreement; (3) program participant consent and information release forms; (4) City policies and procedures; and (5) such other information related to Programming as described in Attachment A or as required by this Agreement. The Programming Partner shall retain all records for not less than three (3) years beyond the last date that all applicable terms of this Agreement have been complied with and final payment has been received, and program specific audits have been completed by the City. Programming Partner agrees to submit a detailed quarterly written schedule (email accepted) of any and all activities that the Programming Partner will provide in the Park to the Director of the City's Department of Parks and Recreation Preliminary prior to said activities occurring. The aforementioned detailed quarterly written schedule must include the specific dates, the specific times, the specific locations in the Park, and a description of the specific activities. Additionally, Programming Partner agrees to provide a schedule of Services that covers the Effective Term, in a form acceptable to the Director of the City's Department of Parks and Recreation, attached hereto and incorporated herein in Attachment E ("Preliminary Proposed Schedule of Services"), which is attached hereto and is incorporated herein. 7. Public Records Programming Partner understands that the public shall have access, at all reasonable times, to all documents and information pertaining to the City, subject to the provisions of Chapter 119, Florida Statutes, and any specific exemptions there from, and Programming Partner agrees to allow access by the City and the public to all documents subject to disclosure under applicable law unless there is a specific exemption from such access. Programming Partner's failure or refusal to comply with the provisions of this Section shall result in immediate termination of the Agreement by the City. Pursuant to the provisions of Chapter 119.0701, Florida Statutes, Programming Partner must comply with the Florida Public Records Laws, specifically Programming Partner must: 1. Keep and maintain public records that ordinarily and necessarily would be required by the City in order to perform the service/Programming. 2. Provide the public with access to public records on the same terms and conditions that the City would provide the records and at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. 4. Meet all requirements for retaining public records and transfer, at no cost to the City, all public records in possession of the Programming Partner upon termination of this Agreement and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. Page 12 of 19 5. All records stored electronically must be provided to the City in a format compatible with the information technology systems of the City. Programming Partner agrees that any of the obligations in this Section will survive the term, termination, and cancellation hereof. IF PROGRAMMING PARTNER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO PROGRAMMING PARTNER'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT AS A PUBLIC CONTRACT, PLEASE CONTACT THE CITY'S CUSTODIAN OF PUBLIC RECORDS AT TELEPHONE NUMBER 305-416-1800, EMAIL: PUBLICRECORDS@MIAMIGOV.COM, AND MAILING ADDRESS: PUBLIC RECORDS C/O OFFICE OF THE CITY ATTORNEY, 9TH FLOOR, MIAMI RIVERSIDE CENTER, 444 S.W. 2ND AVENUE, MIAMI, FLORIDA 33130 OR THE CITY'S PARKS AND RECREATION DEPARTMENT CUSTODIAN OF RECORDS AT 8TH FLOOR, MIAMI RIVERSIDE CENTER, 444 S.W. 2ND AVENUE, MIAMI, FLORIDA 33130. Q. MODIFICATIONS Any amendments, alterations, variations, modifications, extensions or waivers to this Agreement including, but not limited to, amount payable and Effective Term shall only be valid when they have been reduced to writing, duly approved and signed by both Parties. Except for changes to the total amount payable and changes to the length of the effective term, the City Manager is authorized pursuant to City Commission Resolution No. R-17-0153, adopted on March 23, 2017, to negotiate and execute all necessary amendments, extensions, renewals or modifications of this Agreement. Any changes to this Agreement to modify the total amount payable and/or to change the length of the Effective Term shall require further City Commission approval(s). R. GOVERNING LAW & VENUE This Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Florida. Any controversies or legal problems arising out of the terms of this Agreement and any action involving the enforcement or interpretation of any rights hereunder shall be submitted to the jurisdiction of the state courts of the Eleventh Judicial Circuit, in and for, Miami -Dade County, Florida. The Parties agree to irrevocably waive any rights to a jury trial. S. STAFF AND VOLUNTEER BACKGROUND CHECK REQUIREMENTS All employees, agents, servants, partners, principals and subcontractors of the Programming Partner who work in direct contact with children, the elderly, or individuals with disabilities or who may come into direct contact with children, the elderly, or individuals with disabilities at the City Parks and Recreation facility listed in Scope of Services (Attachment A) must complete a Level 2 background screening that complies with its requirements prior to commencing work pursuant to this Agreement. This requirement also applies to all volunteers who provide services to children, the elderly, or individuals with disabilities regardless of the number of volunteer hours they provide. Occasional or transient repair or maintenance persons who appear on the site should be escorted to their work areas and then supervised during the time they are present to conduct their work. Page 13 of 19 Level 2 Background screenings must be completed through the Florida Department of Law Enforcement (FDLE) VECHS (Volunteer & Employee Criminal History System) Program. Satisfactory background screening documentation will be accepted from those entities that already conduct business with the Department of Children and Families (DCF), the Department of Juvenile Justice (DJJ), Department of Elder Affairs (DOEA) or the Miami Dade County Public School System (MDCPS). A clearance letter from the MDCPS Office of Professional Standards indicating the person has successfully completed a Level 2 screening will be accepted. If background screenings are completed with VECHS, then the Programming Partner shall complete Attachment D "Affidavit of Level 2 Background Screenings," which is attached hereto and is incorporated herein, for each Agreement term. The Programming Partner shall re -screen each employee, agent, servant, partner, principal and subcontractor every five (5) years. All Programming Partners are required to review annually, at minimum, The Dru Sjodin National Sex Offender Public Website. T. PERSONS WITH DISABILITIES AND THEIR FAMILIES The Programming Partner understands that the City expects the Programming Partner to meet the federal standards under the Americans with Disabilities Act. By policy of the City, the Programming Partner's must also implement reasonable programmatic accommodations to include persons with disabilities and their families, whenever possible. Notwithstanding anything to the contrary, the Programming Partner shall not be required to make any alteration to any City park or recreation facility or other building or structure which is not owned by the Programming Partner. U. REGULATORY COMPLIANCE 1. Non -Discrimination and Civil Rights The Programming Partner shall not discriminate against an employee, volunteer, agent, servant, partner, principal, subcontractor or participant of the Programming Partner on the basis of race, color, gender, pregnancy, marital status, familial status, sexual orientation, religion, ancestry, national origin, disability, or age, except that programs may target services for specific target groups, as may be defined in the competitive solicitation, if applicable, or the Scope of Services (Attachment A). The Programming Partner shall demonstrate that it has standards, policies, and practices necessary to render programming in a manner that respects the worth of the individual and protects and preserves the dignity of people of diverse cultures, classes, races, religions, sexual orientation, ages, and ethnic backgrounds. The Programming Partner agrees to abide by Chapter 1 1A of the Code of Miami -Dade County ("County Code"), as amended, which prohibits discrimination in employment, housing and public accommodations; Title VII of the Civil Rights Act of 1968, as amended, which prohibits discrimination in employment and public accommodation; the Age Discrimination Act of 1975, 42 U.S.C. Section 6101, as amended, which prohibits discrimination in employment because of age; Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, as amended, which prohibits discrimination on the basis of disability; and the Americans with Disabilities Act, 42 Page 14 of 19 U.S.C. §12101 et seq., which prohibits discrimination in employment and public accommodations because of disability. It is expressly understood that upon receipt of evidence of discrimination under any of these laws, the City shall have the right to terminate all or any portion of this Agreement. If the Programming Partner or any owner, subsidiary, or other firm affiliated with or related to the Programming Partner, is found by the responsible enforcement agency or the courts to be in violation of these laws, said violation will be a material breach of this Agreement and the City will conduct no further business with the Programming Partner. 2. Conflict of Interest The Programming Partner represents that the execution of this Agreement does not violate the City's Conflict of Interest Code, Miami Dade County's Conflict of Interest and Code of Ethics Ordinance, and Florida Statutes §112 as amended, which are incorporated herein by reference as if fully set forth herein. The Programming Partner agrees to abide by and be governed by these conflict of interest provisions throughout the course of this Agreement and in connection with its obligations hereunder. 3. Licensing The Programming Partner (and subcontractor, as applicable,) shall obtain and maintain in full force and effect during the term of this Agreement any and all licenses, certifications, approvals, insurances, permits and accreditations, required by the City, Miami -Dade County, State of Florida, or the Federal Government. The Programming Partner must be qualified and registered to do business in the State of Florida both prior to and during the Agreement term with the City. 4. Incident Reporting An incident is defined as any actual or alleged event or situation that creates a significant risk of substantial or serious harm to the physical or mental health, safety or well-being of a program participant. Reportable incidents include, but are not limited to, allegations of abuse, neglect or exploitation of a child, aged person or individual with a disability, injury of a program participant, loss of property used for the program, or destruction of property used in the program. The Programming Partner shall immediately report knowledge or reasonable suspicion of abuse, neglect,or abandonment of a child, aged person, or individual with a disability to the Florida Abuse Hotline on the statewide toll -free telephone number (1- 800-96-ABUSE). As required by Chapters 39 and 415, Florida Statutes, this is binding upon both the Programming Partner and its employees, agents, servants, partners, principals and subcontractors. The Programming Partner shall notify the City of any incident as defined within three (3) days after the Programming Partner is informed of such incident. The Programming Partner shall provide written notification of the incident together with a copy of an incident report. The report must contain the following: Page 15 of 19 a. Name of reporter (person giving the notice); b. Name and address of victim and guardian, if applicable; c. Phone number where the reporter can be contacted; d. Date, time, and location of incident; and e. Complete description of incident and injuries, if any. Police report and actions taken shall be submitted to the City within fifteen (15) days of the incident. The Programming Partner shall provide written notification to the City, within seven (7) days of any legal action related to the incident. 5. Sexual Harassment The Programming Partner shall complete an incident report in the event a program participant, employee, agent, servant, partner, principal or subcontractor makes an allegation of sexual harassment, sexual misconduct or sexual assault by another program participant, employee, agent, servant, partner, principal or subcontractor arising out of the performance of this Agreement and the Programming Partner has knowledge thereof. The Programming Partner shall provide written notification to the City within three (3) business days after the Programming Partner is informed of such an allegation. The Programming Partner shall provide written notification to the City, within seven (7) business days, if any legal action which is filed as a result of such an alleged incident. 6. Proof of Policies The Programming Partner and subcontractor, as applicable, shall keep on file copies of its policies including but not limited to confidentiality, incident reporting, sexual harassment, non-discrimination, equal opportunity and/or affirmative action, Americans with Disabilities Act, and drug -free workplace. V. CONSENT; COVID-19 NOTICES The Programming Partner must obtain parental/legal guardian consent, in a form reasonably acceptable to the City, for all minor participants in order for said minor participants to participate in Programming. The Programming Partner will ask Programming participants (or their parent/legal guardian) to sign a voluntary Consent to Photograph form. The signed consent form for photography will be maintained and filed in the Programming participant's record. The consent shall be part of the Programming participants' registration form, and signed by the Programing participant or parent/legal guardian, if applicable, before Services commence or assessments are administered. Any refusal of consent must be properly documented and signed by the Programming participant or parent/legal guardian, if applicable, on the consent form. In an effort to afford the Programming Partner sufficient opportunity to coordinate the provision of the Programming, to the extent practicable, the City shall provide the Programming Partner with at least three (3) business days' prior written notice in the event the City of Miami determines or is required (as a result of any applicable law or order) to (i) reopen the Park to the general public or (ii) close the Park to the general public after the date of this Agreement, in either case, as a result Page 16 of 19 of the COVID-19 pandemic or any other pandemic. The Parties agree to abide by the terms of Attachment J, attached hereto and incorporated herein. W. PROGRAMMING REPORTING REQUIREMENTS The Programming Partner shall submit to the City both financial and program reports. These reports shall describe the status of both the funds and Programming, fee schedules, comparison of actual accomplishments to the objectives set forth in the Scope of Services, which is attached hereto and incorporated herein as Attachment A, or other information as required by the City. The specific requirements, reporting periods, and submission deadlines are described in Attachment C to this Agreement, which is attached hereto and is incorporated herein, Programming Reporting Requirements. X. PUBLICITY The Programming Partner agrees that activities, services and events funded by this Agreement shall recognize the City as a funding source. All publicity, public relations, advertisements and signs within the control of the Programming Partner must recognize the City for the support of all contracted activities and be reviewed and approved by the City prior to release or distribution. No press conference regarding the Programming being provided by the Programming Partner under this Agreement shall be scheduled without the prior written consent of the City. The Programming Partner shall use its best efforts to ensure that all media representatives, when inquiring with the Programming Partner about the activities funded by this Agreement, are informed that the City is a funding source. The Programming Partner shall, if it possesses the appropriate technology, provide a link between the website and the City's website. Y. PUBLICATIONS The Programming Partner agrees to supply the City, without charge, up to three copies of any publication developed in connection with implementation of programs addressed by this Agreement. Such publications will be reviewed and approved by the City prior to release or distribution and state that the program is supported and funded by the City. The Programming Partner agrees that the City will have use of copyrighted materials developed under this Agreement to the extent provided in, and subject to, the provisions of Sections G and H above. Z. HEADINGS, USE OF SINGULAR AND GENDER Section headings are for convenience only and are not intended to expand or restrict the scope or substance of the provisions of this Agreement. Wherever used herein, the singular shall include the plural and plural shall include the singular, and pronouns shall be read as masculine, feminine or neuter as the context requires. AA. SUCCESSORS AND ASSIGNS This Agreement shall be binding upon the Parties hereto, and their respective heirs, executors, legal representatives, successors and assigns. BB. CERTIFICATION The Programming Partner certifies that it possesses the legal authority to enter into this Agreement by way of resolution, motion or other similar action that has been duly adopted or passed, as an official act of the Programming Partner's governing body, including all understandings and Page 17 of 19 assurances contained herein, and directing and authorizing the person(s) identified as the official representatives(s) of the Programming Partner, to act in connection with the Agreement, and to provide such additional information as may be required from time to time by the City. CC. ENTIRE AGREEMENT This instrument and its attachments as referenced below constitute the only Agreement of the Parties hereto, relating to said Programming and correctly sets forth the rights, duties, and obligations of each to the other, as of this date. No other Agreement, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or bind the Parties. If any provision of this Agreement is held invalid or void, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. DD. RESOLUTION OF AGREEMENT DISPUTES Programming Partner understands and agrees that all disputes between Programming Partner and the City based upon an alleged violation of the terms of this Agreement by the City shall be submitted to the City Manager for his/her resolution, prior to Programming Partner being entitled to seek judicial relief in connection therewith. In the event that the amount of compensation hereunder exceeds Twenty -Five Thousand Dollars and No/Cents ($25,000), the City Manager's decision shall be approved or disapproved by the City Commission. Programming Partner shall not be entitled to seek judicial relief unless: (i) it has first received City Manager's written decision, approved by the City Commission if the amount of compensation hereunder exceeds Twenty -Five Thousand Dollars and No/Cents ($25,000), or (ii) a period of sixty (60) days has expired, after submitting to the City Manager a detailed statement of the dispute, accompanied by all supporting documentation or ninety (90) days if City Manager's decision is subject to City Commission approval, or (iii) City has waived compliance with the procedure set forth in this Section by written instruments, signed by the City Manager. EE. COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute but one and the same Agreement. The parties shall be entitled to sign and transmit an electronic signature of this Agreement (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Any party providing an electronic signature agrees to promptly execute and deliver to the other parties an original signed Agreement upon request. FF. NO JOINT VENTURE; NONTRANSFERABLE This Agreement is nontransferable. This Agreement is intended to create, and creates, a contractual relationship and is not intended to create, and does not create, any agency, partnership, joint venture or any like relationship between the Parties hereto. "Programming Partner" is a term that identifies the entity contracting with the City and does not imply the establishment of a partnership under Federal, State, or local law. GG. ATTACHMENTS Attached hereto and incorporated herein are the following attachments: Page 18 of 19 Attachment Attachment Attachment Attachment Attachment Attachment Attachment Attachment Attachment Attachment A: Scope of Services B: Other Fiscal Requirements, Budget, and Method of Payment C: Programming Reporting Requirements D: Affidavit for Level 2 Background Screenings, if applicable E: Preliminary Proposed Schedule of Services F: Insurance Requirements G: Corporate Resolution from Programming Partner H: City Resolution No. R-17-0153, adopted on March 23, 2017 I: Service Authorization Letter, if applicable J: COVID Attachment [Remainder of page left intentionally blank. Next page is signature page.] Page 19 of 19 DocuSign Envelope ID: 9A0F6646-F99F-497F-B1FC-F48C269D083E CITY OF MIAMI, A Florida Municipal Corporation By: rthur . riega V. City Manger AMIGOS TOGETHER FOR KIDS, INC.. a Florida Not -For -Profit Corporation (doing business as Amigos For Kids) Bv: aYltti.a. Q. a .44AL Karina Pavone. Executive Director Date:7/1/2021 Attest: Attest: Bv: '366 St.YYt Todd Ha y Clerk Print Name: John Serret Title: Di rector of Finance and Human Resources Approved as to Form and Correctness: By: C5CeAit.12,6,L,. 6/6/6, VictoriMendez. City Attorney RFA #18-468 Approved as to Insurance Requirements: By: Gomez, Frank �e 20210s signed -04 0o Ann -Marie Sharpe. Dir. of Risk Management Approved as to Prrgrai Requirements i By: a .ar. He�andez Director of Parks and Recreation ATTACHMENT A Program/Activity Descriptions for every component Scope of Services (Inclusive of Desired Outcomes and Measurements) Differentiated Literacy Instruction (DLI): School Year Evidence Based Practice: AfterSchool Kidzlit Days per week: 3 Minutes offered: 30 Activity Description: Differentiated Learning Instruction (DLI) is delivered individually or in small groups by a Certified Teacher for all identified struggling readers (i.e., frustrational range on the appropriate literacy tool pretest), to improve reading fluency, comprehension and vocabulary, in addition to group literacy activities. Approach to Implementation: Amigos for Kids learns about the needs, interests, and strengths of the target population, and those of their families, by conducting a needs assessment to determine the skill level of each prospective student. In the case of students with disabilities, this assessment determines the reasonable accommodations the child needs to actively participate in the program, and in some instances, documents if a child cannot be reasonably accommodated. Assessing student needs, skills, and knowledge begins by gathering information from parents, teachers, and the school on critical academic goals. This information, along with diagnostic testing, is instrumental in developing a comprehensive learning profile that focuses on the child's learning gaps, learning style, individual strengths and weaknesses, and individual academic needs. The Amigos For Kids After School Program uses the KidzLit curriculum to differentiate literacy instruction. KidzLit is a reading program that is designed for an out -of -school setting. Widely used in Miami Dade County Public Schools (MDCPS), this program uses powerful literature and engaging activities to increase children's enjoyment of reading, build their vocabularies, deepen their thinking, and foster their ability to work with others. Depending on their instructional reading level, participating students hear fiction and nonfiction books read aloud, or read books independently, and make connections between the stories and their own lives. Working in small groups, children have opportunities to express their feelings and explore big ideas through discussion, drama, art, movement, and writing. The reading groups do not exceed a 5:1 student -to -teacher ratio. Nutrition Education: School Year Days per week: N/A Minutes offered: N/A Activity Description: Nutrition Education activities must reinforce healthy eating habits through nutrition education and other healthy eating activities, such as cooking classes, gardening projects and cultural exploration of foods. Nutrition education resources are available to programs through The Children's Trust's designated food service provider at no cost. Approach to Implementation: The Amigos for Kids After School Program implements SPARK (Sports, Play, and Active Recreation for Kids) for children to be informed about food and nutrition, motivating and empowering them to eat nutritious meals and to make other healthy choices. Additionally, the Food & Fun After School Curriculum is used to enhance the healthy eating and nutrition education created by SPARK. The goal of the Food & Fun After School Curriculum is to assist program staff in providing healthier environments to children during out -of -school time. The curriculum is designed to incorporate lessons and activities about healthy eating and physical activity into regular after school program schedules. Food & Fun After School Curriculum includes 11 teaching units that encourage healthy behaviors through active play, literacy and math skills development, creative learning, and hands-on snack time activities. The students participating in the Amigos for Kids After School Program receive a daily nutritious snack and beverage that meets optimal USDA standards, are low in fats and sugars, high in grains, vitamins and minerals, as these are an essential component for optimal performance, development, and wellness. During the full -day programs, such as teacher planning days and holidays, students receive a nutritious lunch in addition to snacks. Homework Assistance: School Year EBP:N/A Days per week: 4 Minutes offered: 45 Activity Description: Homework assistances utilizes evidence -based strategies that provide targeted and intentional instructional supports for children and incorporates staff availability and assistance, preparation, skills -building, communication with schools and families through teacher/parent check - ins, progress monitoring on school agendas/assignment books. Approach to Implementation: Students in grades K-5 who participate in the Amigos for Kids After School Program will receive 45 minutes of homework assistance Monday through Thursday. Program staff will ensure that the work environment in conducive to learning. They will also provide continuous feedback to each student regarding strategies required to complete their tasks through an incentive system that provides motivation and confidence in their abilities. Social -Emotional Learning (SEL): School Year Evidence Based Practice: Skillstreaming Days per week: 1 Minutes offered: 45 Activity Description: Social -Emotional Learning (SEL) activities must include a structured design programming grounded in positive youth development best practices. Program focuses on positive skill -building (strengths -based versus deficit -based) through challenging activities, leadership development, decision -making opportunities, and opportunities for youth to have hands-on practice applying skills to real -world scenarios. Programs ensure a nurturing, socially positive environment, inclusive of staff equipped to actively and intentionally foster this environment by coaching children and appropriately modeling concepts and skills. Approach to Implementation: Amigos for Kids' program supports healthy social -emotional development and builds the skills necessary for life success by creating a nurturing and positive environment for program delivery that exemplifies positive interactions, the use of positive behavior management techniques, and inclusion of all participants. Skillstreaming is a researched -based social skills training program that employs a four-part training approach: modeling, roleplaying, performance feedback, and generalization. It teaches essential pro - social skills to children. Through Skillstreaming, students are offered opportunities to make choices, participate in activities that foster self-confidence, team building, problemsolving, anger -management, leadership, diversity awareness, goal -setting, character development, decision -making and conflict resolution, by the integration of these skills into literacy, and physical fitness. Each book provides a complete description of the Skillstreaming program, with instructions for teaching a wide variety of pro -social skills and a CD including reproducible forms and handouts. Child Safety First Amigos For Kids programs support the importance of child abuse prevention as it's core mission as an organization. Therefore, we have partnered with the Monique Burr Foundation to begin teaching their Child Safety Matters program. MBF Child Safety Matters® is a comprehensive, evidence -based prevention education program for elementary school students in grades K-5. The program teaches students and adults how to prevent, recognize, and respond appropriately to the four types of child abuse (physical, emotional, sexual, neglect), bullying, cyberbullying, and digital dangers. The program is implemented with four classroom lessons for elementary students in Kindergarten through 5th grade (lesson times range from (20 - 35 minutes). The classes will be offered the first week of April 2021 to coincide with Child Abuse Prevention Month. There is a standardized curriculum with facilitator scripts and classroom PowerPoint presentations. Certified Facilitators are trained prior to implementing program in classrooms via live or online training options. Desired Outcomes and Measurements 75% children in Kindergarten through 2nd grade who make meaningful improvement in social - emotional learning based on their level at pre -test. Associated with: School Year, Social -Emotional Learning (SEL) Data Source/Measurement Tool: Child Trends SEL: Staff Survey (K-2) SY Timing: Pre-test,Mid-test,Post-test Meaningful Improvement: Based on an increase of .41 points (Minimum Detectable Effect) from the pre -test to the post-test OR maintaining a score of three (3) or more. 75% children in grades 3 through 5 who make meaningful improvement in social -emotional learning based on their level at pre -test. Associated with: School Year, Social -Emotional Learning (SEL) Data Source/Measurement Tool: Child Trends SEL: Staff & Child (3-5 grade) SY Timing: Pre-test,Mid-test,Post-test Meaningful Improvement: Based on an increase of .41 points (Minimum Detectable Effect) from the pre -test to the post-test OR maintaining a score of three (3) or more. Civic Engagement: School Year Days per week: 2 Minutes offered: 30 Activity Description: Civic Engagement activities will engage youth in assessing community needs and assets, as well as designing and implementing actions in support of community improvement. Youth may choose to address issues within their schools, neighborhoods, social networks, or tackle larger social, environmental or health issues. Programming focus can include, but is not limited to, advocacy efforts, community improvement projects, community needs assessments, participation in public policy or social justice issues, participatory action research, peer mentoring, photo -voice projects and project -based learning. Approach to Implementation: Amigos For Kids understands that students must be exposed to how the government and its branches work to become informed citizens and responsible contributing members of society to include voting and learning about the political process. To that end, the Amigos For Kids After School Program implements Supreme Court Justice Sandra Day O'Connor's iCivics curriculum for 4th and 5th grade, which was developed in 2009 to restore civic education in our nation's schools. /Civics gives students the necessary tools to learn about and participate in civic life. The free resources include print -and -go lesson plans, interactive digital tools, and award -winning games. iCivics teaches students how government works by having them experience it directly. Through games, the player steps into any role — a judge, a member of Congress, a community activist fighting for local change, even the President of the United States — and does the job they do. These games are rooted in clear learning objectives and integrated with lesson plans and support materials. /Civics' resources are developed by an experienced and driven team of former educators, and vetted by the Educator Network. Kindergarten, 1st, 2nd, and 3rd graders learn about civics through age appropriate readings, modified icivics curriculum, and "We the Civics Kids" curriculum. Readings are attained from newsela.com which offers varying textual levels and has articles which explain different types of government and the inner workings of democracy. The "We the Civics Kids" curriculum materials were produced as a partnership between the National Constitution Center and the Rendell Center for Citizenship and Civics at Arcadia University. This curriculum helps students build their basic civic knowledge and understand their role as active citizens. Group Literacy: School Year, Required EBP:AfterSchool Kidzlit Days per week: 2 Minutes offered: 45 Activity Description: Participants receive group literacy programming that utilizes evidence -based programs and/or strategies that promote and improve oral reading fluency in early grades (K-3), reading comprehension in later grades (4-5), and vocabulary -building across all levels. Group Literacy may be may be integrated into various activities that incorporate active reading and comprehension strategies (e.g., project -based learning, STEM, arts, cooking). Approach to Implementation: The Amigos for Kids After School Program's core component of the literacy program addresses the domain of fluency through guided, repeated oral reading. Services develop fluency through comprehension, using graphic organizers, generating critical thinking questions and vocabulary, and studying phoneme patterns in words and their meaning. This model offers enrichment activities to students reading at or above grade level, and individualized instructional support to the struggling readers. KidzLit is the evidence based reading program used to improve the students' reading skills. Through KidzLit, K-5 students enrolled in the after school program receive 45 minutes of guided reading instruction, twice a week by a certified teacher. KidzLit is designed specifically for afterschool. Its goal is to help students to develop a love of reading while building comprehension skills and vocabulary. KidzLit helps students get excited about reading and helps students develop their capacities to think critically, express their ideas about important issues, and increase their understanding of self, peers, and others. Students enrolled in the after school program receive reading instruction by a certified teacher. Based on the results of the initial diagnostic assessment, students are grouped into three levels of reading proficiency: "Mastery" (the reader who requires little to no assistance), "Instructional" (a good reader who requires some assistance), and "Frustrational" (struggling reader who requires frequent assistance). Students enrolled in the after school program will also receive iReady reading instruction. iReady is an evidence -based, data driven program that identifies student improvement needs and, through on -going progress monitoring, determines whether the students are on track. iReady provides rigorous, on -grade - level instruction and sustained practice based on the individual needs of each student. Through iReady K-5 students enrolled in the after school program receive reading instruction to support the Kidzlit curriculum. Desired Outcomes and Measurements: 80% children through 3rd grade will make meaningful improvement on oral reading fluency based on their level at pre -test Associated with: School Year, Group Literacy Data Source/Measurement Tool: 1 Minute Oral Reading Fluency (ORF) SY Timing: Pre-test,Mid-test,Post-test Meaningful Improvement: For the ORF, meaningful improvement is defined as one of the following based on pre -test level of oral reading fluency: - Participants at the "frustrational" level improve to "instructional" or "mastery" level. - Participants at the "instructional" level improve to "mastery" level. - Participants at the "mastery" level remain at the "mastery" level. 80% children in grades 4 and above who make meaningful improvement in Reading Comprehension based on their level at pre -test Associated with: School Year, Group Literacy Data Source/Measurement Tool: iSTEEP Maze Assessment SY Timing: Pre-test,Mid-test,Post-test Meaningful Improvement: Defined as one of the following based on pre -test level of reading comprehension: - Participants at the "frustrational" level improve to "instructional" or "mastery" level. Participants at the "instructional" level improve to "mastery" level. - Participants at the "mastery" level remain at the "mastery" level. STEM (Science, Technology, Engineering, and Mathematics): School Year, Optional Days per week: 3 Minutes offered: 30 Activity Description: STEM activities allow youth the opportunity to explore career pathways in related STEM fields as well asbetter preparing youth for academic success. High -quality STEM programs build critical thinking skills, problem solving, creativity, collaboration and teamwork; are experiential, inquiry -based, include rigorous content and are linked to school curriculum standards. Additionally, they use relevant, real -world applications of STEM content and involve those with STEM backgrounds as part of the program delivery structure. STEM activities may include programs focused on digital certification such as robotics, Adobe and gaming. Approach to Implementation: Amigos for Kids After School Program designates a block of time for STEM and Technology. During this time, students enrich their math proficiency through iReady and their technology skills through a variety of research -based educational applications. iReady is an evidence -based, data -driven program that identifies student needs at the sub -skill level, and, through on -going progress monitoring, shows whether the students are on track. iReady provides rigorous, on -grade -level instruction and sustained practice based on the individual needs of each student. Through iReady K-5 students enrolled in the after school program receive 30 minutes of math instruction, three times a week by a certified teacher. Amigos for Kids recognizes that regular use of the Internet and apps requires teachers to add a new set of rules to dictate proper behavior and use of this technology. Prior to accessing technology, the Amigos for Kids After School Program staff discuss technology safety with participating students. Some of the technology safety rules include: only visiting approved Internet sites, never providing personal information, telling the teacher or an adult if something they see is uncomfortable or inappropriate, never downloading anything without teacher permission, and never changing settings without permission. In addition to iReady, the Afterschool KidzScience curriculum will also be used to extend the STEM program. Afterschool Kidzscience is an inquiry -based science program that is divided into several areas of science- green, life, physical, forensic, and earth and space. This program builds science knowledge, inquiry abilities, and helps students develop cooperation and teamwork skills. Family Session / Event: School Year, Activity Description: Families engagement activities extend meaningful interactions between programs and families. By creating a welcoming environment, understanding families' needs, and implementing effective strategies to engage families, youth development programs can help bridge the gap between school and home by assisting families as they navigate the educational system, providing parents with information and tools to support their child's academic and personal success, helping families learn how to best support the learning and development of their child, and understanding families' needs andrefer them to resources and services as appropriate. Approach to Implementation: Amigos for Kids provides services for parents of participating students to build their capacity to help their children. Parental involvement activities offer parents sound strategies for supporting their child at home and reinforcing the learning that is taking place. Family engagement is critical to the successful development of a child. It offers parents the necessary support to reinforce the learning that is taking place at school once they are home. Therefore, Amigos for Kids seeks to strengthen the bond between parents and their children, by helping parents acquire more effective parenting skills through a series of workshops that build their capacity and offer support for reinforcing the learning that is taking place. In an effort to encourage participation, childcare is made available. The students' families are further engaged by ensuring that the program offered creates a welcoming environment, is understanding of their needs, and implements family engagement strategies that will help bridge the gap between school and home. Moreover, the Program offers guidance on how to better communicate with school staff, how to best support the learning development of their child, and offers referrals for community resources and services that are available to them. Parent /family engagement includes activities such as Back To School in August, Toy Drive in December, field trips to Santa's Enchanted Forest, arts, movies and sports events as tickets become avaliable; Fun & Monthly bilingual newsletters and parenting handbooks, and potential participation in Amigos There's No Excuse For Child Abuse! activities in April, Child Abuse Prevention Month. Additionally, periodic reports on academic performance, behavior and attendance are sent to parents as a tool to encourage two-way communication and foster parent involvement. Physical Activity: School Year, Required EBP:Sports, Play, and Active Recreation for Kids (SPARK) Days per week: 5 Minutes offered: 45 Activity Description: Participants receive structured physical fitness programming to keep children moving through out the entire activity, while promoting fitness, fun, teamwork and cooperative play. Programs offer a variety of activities that encourage participation for all skill levels and abilities, and that meet children's needs and interests. Participants are actively moving for at least 2.5 hours weekly during the school year. Physical activities and fitness can focus on, but is not limited to jump rope, parachute play, jogging games, fitness circuits, aerobics and team sports. Approach to Implementation: Amigos Together for Kids recognizes that physical activity is key to the promotion of wellness and healthy lifestyles, and that it has a positive impact on academic performance and on a student's self- esteem. Therefore all students participate in a structured, vigorous physical fitness program called SPARK (Sports, Play, and Active Recreation for Kids). This research based program promotes fitness, teamwork, cooperative play, fun and more importantly continuous movement. SPARK is aligned to the fitness initiative and provides a curriculum that includes a different activity for each day of the school year. In addition, students enrolled in the program participate in a soccer club initiative where they engage in various soccer drills and techniques during the allocated SPARK time. K-5 students enrolled in the after school program engage in physical activity for 45 minutes daily which is administered by properly trained staff. Desired Outcomes and Measurements 65% children will make meaningful improvement on physical fitness performance based on their level at pre -test (SY) Associated with: School Year, Physical Activity Data Source/Measurement Tool: PACER Multi -Stage Shuttle Run SY Timing: Pre-test,Mid-test,Post-test Meaningful Improvement: Based on an increase in four laps completed from the pre -test to the post- test. ATTACHMENT B Other Fiscal Requirements, Budget and Method of Payment The Parties agree that this is a cost reimbursement method of payment Agreement; Programming Partner shall be paid for Programming rendered in accordance with this Agreement in an amount not to exceed the total funding amount set forth in Section D. Programming Partner agrees to timely pay all its employees for the fulfillment of Programming provided in this Agreement. Invoice Requirements Every request by Programing Partner for payment for Programming provided, work performed, or costs incurred pursuant to this Agreement shall be accompanied by a request for payment in a format prescribed by the City, which at a minimum shall include sufficient supporting details, receipts and/or invoices, made in accordance with the schedule set forth in the Line -Item Budget ("Budget"), which is attached hereto and made a part hereof, as may be reasonably required by the City to allow proper audit of Programming Partner's expenses, should the City require an audit to be performed. Each request for payment shall be in writing and contain a statement declaring and affirming that all expenditures were made in accordance with the Budget. Each request for payment must also be in a line -item form, as reflected in the Budget. All documentation in support of a request for payment shall be subject to approval at the sole discretion of the City. All invoices submitted for reimbursement must be paid by the Programming Partner prior to being included as part of a request for payment. A request for reimbursement shall include the original receipt or invoice, plus a copy of the check that was issued to pay the same. Copies of canceled checks must be submitted to the City within sixty (60) days of payment of a receipt or invoice. Should a receipt or an invoice be paid by various funding sources, a copy ofthe receipt or invoice may be submitted, but must indicate the exact amount paid by various funding sources that must equal the total of the receipt or invoice. No miscellaneous categories shall be accepted as a line- item in the Budget. Two (2) requests for line -item changes are allowable, with prior review and approval by the City. All line -item changes must be made on or before thirty (30) days prior to the end of the term of Agreement. The City agrees to reimburse on a monthly billing basis. The request for payment is due on or before the fifteenth (15th) day of the month following the month in which expenditures were incurred (exclusive of legal holidays or weekends). A final request for payment (last monthly invoice ofthe Agreement term) from Programming Partner will be accepted by the City up to thirty (30) days after the expiration of this Agreement. If Programming Partner fails to comply with the applicable deadlines, all rights to payment shall be forfeited for those receipts and/or invoices Programming Partner is seeking reimbursement for. The City reserves the right to request any supporting documentation. A request for payment provided hereunder shall be deemed to have been given if sent by hand delivery or recognized overnight courier, such as Federal Express, or if by certified U.S. mail with return receipt requested, addressed to the City of Miami Parks and Recreation Department, at the place specified below: Director City of Miami Parks and Recreation Department 444 SW 2nd Avenue, 8th Floor Miami, FL 33130 In order for a request for payment to be deemed proper as defined by the Florida Prompt Payment Act, all requests for payment must comply with the requirements set forth in this Agreement and must be submitted on the forms as prescribed by the City. Requests for payment and/or documentation returned to the Programming Partner for corrections may be cause for delay in receipt ofpayment. Late submission may result in delay in receipt ofpayment. The City shall pay the Programming Partner within thirty (30) calendar days of receipt of the Programming Partner's properly submitted request for payment and/or other required documentation. The City may retain any payments due until all required reports, deliverables or monies owed to the City are submitted and accepted by the City. Supporting Documentation Requirements Programming Partner shall maintain original records documenting actual expenditures and Programming provided according to the Budget and scope of services as required. Supporting documentation shall be made available and provided to the City upon request. Programming Partner shall keep accurate and complete records of any fees collected, reimbursement, or compensation of any kind received from any client or other third party, for any Service covered by this Agreement, and shall make all such records available to the City upon request. Programming Partner shall maintain a cost allocation methodology that it uses to allocate its costs. Programming Partner shall use a cost allocation methodology which assures that the City is paying only its fair share of costs for services, overhead, and staffing not solely devoted to the program funded by this Agreement. Such methodology shall be made available to the City upon request. [THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.] ATTACHMENT C PROGRAMMATIC PERFORMANCE AND DATA REPORTING REQUIREMENTS Programming Partner shall submit to the Department of Parks and Recreation performance measures as noted in the Scope of Service (Attachment A). Reporting includes electronic submission of quantity and outcome information, budget reports and quarterly reports. Failure to meet the minimum standards for performance will constitute a breach of contract. The City of Miami reserves the right in its sole discretion to determine remedies for such breach, including without limitation, terminating a contract, reducing funding (if applicable) commensurate with below -minimum performance, or imposing other remedies on Programming Partners below any minimum standard, including a performance improvement plan. Programming Partners will be required to provide the following: Quarterly Reports: Due the 15th of the month following the most recent quarter • October — December • January — March • April — June • July - September Consisting of: • Programmatic Activities — Summary to include goals of program • Number of children served • Any applicable current fee schedule or proposed for upcoming quarter • Outcomes from the programming and any performance measures • Highlights/Successes • Changes or Modifications to Program Plan • Upcoming Special Events • Any entities that are subcontracted as part of providing the program • Financial Report Year To Date ( Template to be provided) • Have there been any incidents or accidents during the last quarter to be reported? If so, how was the incident handled and what was the final resolution? Was the Park Manager notified? • Park Manager verification of physical contract compliance ( form to be developed) • Use of Space • Program Delivery Confirmation • Verification of participants of served • Entity is in good working relationship with staff and participants • No logged complaints or issues from public regarding the program • Inspection of area used for any maintenance or repairs completed • Overall Feedback • Budget Template as an additional attachment, based off of historical budget submitted A Programming Partner may be asked to supply additional information if deemed necessary. DocuSign Envelope ID: 9A0F6646-F99F-497F-B1 FC-F48C269D083E ATTACHMENT D Affidavit of Level 2 Background Screenings In accordance with Section 943.0542 and Chapters 430, 435 and 39 of the Florida Statutes, as applicable, and pursuant to the requirements of Paragraph R of this Agreement entitled "Staff and Volunteer Background Check Requirements", the undersigned affiant makes the following statement under oath and under penalty ofperjury, which is a first degree misdemeanor, punishable by a definite term of imprisonment not to exceed one year and/or a fine not to exceed $1,000, pursuant to Sections 837.012 and 775.082, Florida Statutes. STATE OF FLORIDA COUNTY OF MIAMI-DADE Before me, the undersigned authority, personally appeared Karina Pavone, Executive Director, Authorized Programming Partner Representative of Amigos Together For Kids, Inc. who being by me first duly sworn, deposes and says: I swear and affirm that the above -named contracted Programming Partner is compliant with the requirements for personnel background screening detailed in Section 943.0542 and Chapters 430, 435 and 39 of the Florida Statutes, as applicable, for all personnel having direct contact with children, the elderly, or individuals with disabilities. 6WitA.A. Q. PavDtA,t, 7/1/2021 (Signature of Executive Director) Date The foregoing instrument was acknowledged before me by means of 0 physical presence or gl online notarization, this' day of 7u1y , 2021 by Karina Pavone x Who is personally known to me Who produced identification: Type of identification Mat, Swat Signature of Person Taking Acknowledgment Notary Public State of Florida John P Serret (Printed, Typed, or Stamped Name of Notary Public) Director of Finance and Human Resources Title or Rank My Commission GG9229746 Expires 11/06/2023 Serial Number, if any ATTACHMENT E See attached. ArtAGOS 1oR Kips Amigos For Kids After School Program Daily Schedule 1st Grade Monday Tuesday Wednesday Thursday Friday Homework 2:00-2:30pm Homework 2:00-2:30pm Homework 2:00-2:30pm Homework 2:00-2:30pm Homework 2:00-2:30pm Snack 2:30-2:45pm Snack 2:30-2:45pm Snack 2:30-2:45pm Snack 2:30-2:45pm Snack 2:30-2:45pm i-Ready 2:45- 3:15pm Homework 2:45-3:15pm Homework 2:45-3:15pm Homework 2:45-3:15pm Homework 2:45-3:15pm Group Literacy Instruction 3:15-4:OOpm Group Literacy Instruction 3:15-4:OOpm Group Literacy Instruction/ Differentiated Literacy Instruction 3:15-4:OOpm Group Literacy Instruction/ Differentiated Literacy Instruction 3:15-4:OOpm Group Literacy Instruction/ Differentiated Literacy Instruction 3:15-4:OOpm Homework 4:00-4:30pm Civics 4:00-4:30pm Skillstreaming 4:00-4:30pm Homework/Free Choice 4:00-4:30pm Civics 4:00-4:30pm SPARK 4:30-5:15pm SPARK 4:30-5:15pm SPARK 4:30-5:15pm SPARK 4:30-5:15pm SPARK 4:30-5:15pm Homework/ Free Choice 5:15-6:OOpm Homework/Free Choice 5:15-6:OOpm Skillstreaming 5:15-5:30pm i-Ready 5:15-5:45pm Homework/Free Choice 5:15-6:OOpm i-Ready 5:30-6:OOpm Homework/ Free Choice 5:45-6:OOpm Updated 10/7/2020 CH Ar'MGOS IIP • FoR wos Artrw Amigos For Kids After School Program Daily Schedule 2"a Grade Monday Tuesday Wednesday Thursday Friday Homework 2:00-3:00pm Homework 3:00-3:30pm Homework 3:00-3:30pm Snack 3:00-3:15pm Homework 3:00-3:30pm Homework 3:00-3:30pm Snack 3:30-3:45pm Snack 3:30-3:45pm I -Ready 3:15-3:45pm Snack 3:30-3:45pm Snack 3:30pm- 3:45pm Group Literacy Instruction 3:45- 4:30pm Group Literacy Instruction 3:45- 4:30pm Group Literacy Instruction/ Differentiated Literacy Instruction 3:45-4:30pm Group Literacy Instruction/ Differentiated Literacy Instruction 3:45-4:30pm Group Literacy Instruction/ Differentiated Literacy Instruction 3:45-4:30pm SPARK 4:30-5:15pm SPARK 4:30-5:15pm SPARK 4:30-5:15pm SPARK 4:30pm-5:15pm SPARK 4:30pm-5:15pm i-Ready 5:15-5:45pm Civics 5:15-5:45pm Skillstreaming 5:15 6:OOpm Civics 5:15-5:45pm Homework 5:15-5:30pm Homework 5:45-6:00pm Homework 5:45-6:00pm Homework 5:45-6:00pm i-Ready 5:30-6:00pm Updated 10/7/2020 CH Art1AIGO5� FoR Kites Amigos For Kids After School Program Daily Schedule 3rd Grade Monday Tuesday Wednesday Thursday Friday Homework 2:00-2:30pm i-Ready 2:30-3:00pm Homework 3:00-3:45pm Homework 3:00-3:45pm Homework 3:00-3:15pm Homework 3:00-3:45pm Homework 3:00-3:15pm Snack 3:45-4:00pm Snack 3:45-4:0Opm Snack 3:15-3:30pm Snack 3:45-4:OOpm i-Ready 3:15-3:45pm Group Literacy Instruction 4:00-4:45pm Group Literacy Instruction 4:00-4:45pm Group Literacy Instruction/ Differentiated Literacy Instruction 3:30-4:15pm Civics 4:00-4:30pm Snack 3:45-4:00pm Civics 4:45-5:15pm i-Ready 4:45-5:15pm Homework/Free Choice 4:15-4:30pm Group Literacy Instruction/ Differentiated Literacy Instruction 4:30-5:15pm Homework 4:00-4:30pm SPARK 5:15-6:00pm SPARK 5:15-6:00pm Skillstreaming 4:30-5:15pm SPARK 5:15-6:00pm Group Literacy Instruction/ Differentiated Literacy Instruction 4:30-5:15pm SPARK 5:15-6:00pm SPARK 5:15-6:OOpm Updated 10/7/2020 CH AMIGOS • FoR KIDS �.. Amigos For Kids After School Program Daily Schedule 4th Grade Monday Tuesday Wednesday Homework 2:00-3:00pm Thursday Friday Homework 3:00-3:30pm Homework 3:00-3:15pm Civics 3:00-3:30pm Homework 3:00-3:15pm Homework 3:00-3:15pm i-Ready 3:30-4:00pm Group Literacy Instruction/ Differentiated Literacy Instruction 3:15-4:OOpm Snack 3:30-3:45pm i-Ready 3:30-4:00pm Group Literacy Instruction/ Differentiated Literacy Instruction 3:15-4:O0pm Snack 4:00-4:15pm Snack 4:00-4:15pm Skillstreaming 3:45-4:30pm Homework 4:00-4:15pm Snack 4:00-4:15pm Homework 4:15-4:30pm i-Ready 4:15-4:45pm Group Literacy Instruction/ Differentiated Literacy Instruction 4:30-5:15pm Snack 4:15-4:30pm Civics 4:15-4:45pm Group Literacy Instruction 4:30-5:15pm Homework 4:45 5:15pm SPARK 5:15 6:OOpm Group Literacy Instruction/ Differentiated Literacy Instruction 4:30-5:15pm Homework 4:45 5:15pm SPARK 5:15-6:00pm SPARK 5:15-6:00pm SPARK 5:15-6:00pm SPARK 5:15-6:00pm Updated 10/7/2020 CH i Ann. Gos,� roR Kites Amigos For Kids After School Program Daily Schedule Monday Tuesday Wednesday Thursday Friday Homework 2:00-3:OOpm Homework 3:00-3:45pm Homework 3:00-3:30pm Group Literacy Instruction/ Differentiated Literacy Instruction 3 :00-4:45 p m Group Literacy Instruction 3:45-4:30pm Snack 4:30-4:45pm Civics 3:30-4:OOpm Homework 4:00-4:15pm Homework 3:00-3:15pm Homework 3:00-3:45 p m Snack 3:45-4:OOp m i-Ready 4:00-4:30pm Group Literacy Instruction/ Differentiated Literacy Instruction 3:15-4:OOpm Snack 4:00-4:15pm Group Literacy Instruction/ Differentiated Literacy Instruction 3:45-4:30pm Snack 4:30-4:45pm i-Ready 4:45-5:15pm Snack 4:15-4:30pm Skillstreaming 4:30pm-5:15pm Homework 4:15-4:45 p m i-Ready 4:45-5:15pm SPARK 5:15-6:OOpm Group Literacy Instruction 4:30-5:15pm SPARK 5:15-6:OOpm SPARK 5:15-6:OOpm Civics 4:45-5:15pm SPARK 5:15-6:OOpm SPARK 5:15-6:OOpm Updated 10/7/2020 CH ATTACHMENT F INSURANCE REQUIREMENTS- PROGRAMMING AGREEMENT Name of Organization: Amigos Together For Kids, Inc. I. Commercial General Liability A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence $1,000,000 General Aggregate Limit $2,000,000 Personal and Adv. Injury $1,000,000 Products/Completed Operations $1,000,000 B. Covered Exposures and Endorsements. City of Miami included as an additional insured Primary and Non Contributory Endorsement Contingent and Contractual Liability Premises and Operations Sexual Abuse and Molestation Coverage II. Business Automobile Liability A. Limits of Liability Bodily Injury and Property Damage Liability Combined Single Limit Any Auto Including Hired, Borrowed or Non -Owned Autos Any One Accident $300,000 B. Endorsements Required City of Miami included as an additional insured III. Worker's Compensation Limits of Liability Statutory -State of Florida Waiver of Subrogation Employer's Liability A. Limits of Liability $100,000 for bodily injury caused by an accident, each accident $100,000 for bodily injury caused by disease, each employee $500,000 for bodily injury caused by disease, policy limit IV. Professional/Error's & Omissions Liability Combined Single Limit Each Claim $250,000 General Aggregate Limit $250,000 Retro Date Included V. Accident/Medical Coverage $25,000 The above policies shall provide the City of Miami with written notice of cancellation or material change from the insurer not less than (30) days prior to any such cancellation or material change. Companies authorized to do business in the State of Florida, with the following qualifications, shall issue all insurance policies required above: The company must be rated no less than "A" as to management, and no less than "Class V" as to Financial Strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All policies and /or certificates of insurance are subject to review and verification by Risk Management prior to insurance approval. POLICY NUMBER: PHUB755630 PHILADELPHIA INSURANCE COMPANIES A Member of the Tokio Marine Group PI-CXL-002 (05/19) One Bala Plaza, :Suite 100 Baia: Cynwyd, Pennsylvania 19004 610.617.7900 Fax 610.617.7940 PHLY.com COMMERCIAL UMBRELLA LIABILITY INSURANCE POLICY DECLARATIONS Philadelphia Indemnity Insurance Company 126360 David P Arch, Inc. dba Aris Insurance 3900 Hollywood Blvd PH E Hollywood, FL 33021 (954)323-0355 NAMED INSURED: Amigos Together For Kids, Inc. MAILING ADDRESS: 2153 Coral Way Ste 405 Coral Gables, FL 33145-2633 POLICY PERIOD: FROM 04/01/2021 TO 04/01/2022 AT 12:01 A.M. STANDARD TIME AT YOUR MAILING ADDRESS SHOWN ABOVE IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS POLICY, WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY. LIMITS OF INSURANCE EACH OCCURRENCE LIMIT (LIABILITY COVERAGE) $ 1,000,000 PERSONAL & ADVERTISING INJURY LIMIT $ 1,000,000 Any one person or organization PRODUCTS COMPLETED OPERATIONS AGGREGATE LIMIT GENERAL AGGREGATE LIMIT (LIABILITY COVERAGE) (except with respect to Auto Liability and Products Completed Operations) 1,000,000 1,000,000 RETAINED LIMIT RETAINED LIMIT: $ 10,000 PI-CXL-002 (05/19) Page 1 of 5 Includes copyrighted material of Insurance Services Office, Inc., with permission. PI-CXL-002 (05/19) POLICY NUMBER: PHUB755630 PREMIUM PREMIUM SUBTOTAL STATE TAXES, FEES, SURCHARGES (if applicable) PREMIUM TOTAL (including Taxes, Fees, Surcharges) $ 1,182.00 $Not Applicable $ 1,182.00 AUDIT PERIOD: ® NOTAPPLICABLE ❑ ANNUALLY ❑ SEMI-ANNUALLY ❑ QUARTERLY ❑ MONTHLY DESCRIPTION OF BUSINESS FORM OF BUSINESS: NON PROFIT ORGANIZATION BUSINESS DESCRIPTION: Non -Profit Umbrella ENDORSEMENTS ATTACHED TO THIS POLICY SEE ATTACHED SCHEDULE PI-CXL-002 (05/19) Page 2 of 5 Includes copyrighted material of Insurance Services Office, Inc., with permission. PI-CXL-002 (05/19) POLICY NUMBER: PHUB755630 SCHEDULE OF UNDERLYING INSURANCE Employers' Liability Company: Associated Industries Insurance Company Policy Number: Awci126734 Policy Period: 04/01/2021 04/01/2022 Minimum Applicable Limits Bodily injury by accident $ 500 , 000 Each Accident Bodily injury by disease $ 500,000 Each Employee Bodily injury by disease $ 500,000 Policy Limit Commercial General Liability Ei Occurrence • Claims -Made Company: Philadelphia Indemnity Insurance Company Policy Number: PHPK2234709 Policy Period: 04/01/2021 04/01/2022 Retroactive Date: Not Applicable Minimum Applicable Limits: General Aggregate $ 2,000,000 Products -Completed Operations Aggregate $ 2,000,000 Personal And Advertising Injury $ 1,000,000 Each Occurrence $ 1,000,000 Commercial Auto Liability Company: Philadelphia Indemnity Insurance Company Policy Number: PHPK2234709 Policy Period: 04/01/2021 04/01/2022 Minimum Applicable Limits Garage Aggregate Limit For Other Than Autos (if applicable) $ Not Applicable Each Accident $ 1,000,000 Professional Liability Occurrence • Claims -Made Company: Philadelphia Indemnity Insurance Company Policy Number: PHPK2234709 Policy Period: 04/01/2021 04/01/2022 Retroactive Date: Not Applicable Minimum Applicable Limits Each Professional Incident $ 1,000,000 Aggregate $ 2,000,000 PI-CXL-002 (05/19) Page 3 of 5 Includes copyrighted material of Insurance Services Office, Inc., with permission. PI-CXL-002 (05/19) POLICY NUMBER: PHUB755630 Employee Benefits Liability Company: • Occurrence • Claims -Made Policy Number: Policy Period: Retroactive Date: $ Minimum Applicable Limits $ Abusive Conduct Liability Company: Occurrence Claims -Made • • Policy Number: Policy Period: Retroactive Date: $ Minimum Applicable Limits $ Directors & Officers Liability Company: Occurrence Claims -Made • • Policy Number: Policy Period: Retroactive Date: $ Minimum Applicable Limits $ Liquor Liability Company: Occurrence Claims -Made • • Policy Number: Policy Period: Retroactive Date: $ Minimum Applicable Limits $ PI-CXL-002 (05/19) Page 4 of 5 Includes copyrighted material of Insurance Services Office, Inc., with permission. PI-CXL-002 (05/19) POLICY NUMBER: PHUB755630 Watercraft Liability 0 Occurrence 0 Claims -Made Company: Policy Number: Policy Period: Retroactive Date: Minimum Applicable Limits Other Coverages Not Included in Above 0 Occurrence 0 Claims -Made Company: Policy Number: Policy Period: Retroactive Date: Minimum Applicable Limits THESE DECLARATIONS, TOGETHER WITH THE COMMON POLICY CONDITIONS AND COVERAGE FORM(S) AND ANY ENDORSEMENT(S), COMPLETE THE ABOVE NUMBERED POLICY. Countersigned: By: (Date) (Authorized Representative) IN WITNESS WHEREOF, we have caused this policy to be executed and attested, and, if required by state law, this policy shall not be valid unless countersigned by our authorized representative. John W. Glomb, Jr. President & Chief Underwriting Officer PI-CXL-002 (05/19) Secretary Page5of5 Includes copyrighted material of Insurance Services Office, Inc., with permission. 1 ® ACORO CERTIFICATE OF LIABILITY INSURANCE �� DATE (MMIDD/YYYY) 05/07/2021 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 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 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 rights to the certificate holder in lieu of such endorsement(s). PRODUCER Automatic Data Processing Insurance Agency, Inc. 1 Adp Boulevard Roseland" NJ 07068 CONTACT Automatic Data Processing Insurance Agency, Inc. (PAHONr o. Ext): 1-800-524-7024 FAX (A/C. No): E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : Associated Industries Insurance Company, Inc. 23140 INSURED Amigos Together For Kids Inc 2153 Coral Way, Ste 405 Coral Gables FL 33145 INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 1955337 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 CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMATO RETED PREMISES (Ea occurrence) $ CLAIMS -MADE OCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PRO- JECT PER: LOC PRODUCTS - COMP/OP AGG $ $ AUTOMOBILE _ LIABILITY ANY AUTO OWNED AUTOS ONLY HIRED SCHEDULED AUTOS NON -OWNED AUTOS ONLY - COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ $ DED RETENTION $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY OFFICER/MEMBER ER EXCLUDED? PROPRIETOR/PARTNER/EXECUTIVE (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below YNN N / A N AWC1164516 04/25/2021 04/25/2022 STATUTE ERH E.L. EACH ACCIDENT $ 500,000 E.L. DISEASE - EA EMPLOYEE $ 500,000 E.L. DISEASE - POLICY LIMIT $ 500 000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is requi ed) CERTIFICATE HOLDER CANCELLATION I City of Miami,Department of Public Facilities,Attn: Sabrina Blue, Attn: Sabrina Blue 444 2nd Avenue 3rd Floor Miami FL 33130 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE —7tT)IL.- © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID: AC5C17D0-856B-42E3-A1D9-572BODD5EEOA ATTACHMENT G UNANIMOUS WRITTEN CONSENT OF THE BOARD OF DIRECTORS OF AMIGOS TOGETHER FOR KIDS, INC. As of June 18 , 2021 The undersigned, constituting all of the members of the Board of Directors ("Directors") of Amigos Together For Kids, Inc., a Florida not forprofit corporation doing business as Amigos For Kids (the "Corporation"), do hereby adopt the following resolutions by written consent in lieu of a meeting of the Directors pursuant to F.S. 617.0821: 1. APPROVAL OF PROGRAMMING AGREEMENT WITH CITY OF MIAMI. WHEREAS, pursuant to City of Miami Commission Resolution No. R-17-0153, adopted on March 23, 2017, the City of Miami (the "City") has approved the Corporation to provide after - school instruction and program management, family events, cultural, and recreational activities at the Park (including the Programming, as defined below) in accordance with the terms and subject to the conditions set forth in the Programming Agreement (as defined below); WHEREAS, the Corporation desires to enter into that certain Programming Agreement with the City substantially in the form attached hereto as Exhibit A (the "Programming Agreement") pursuant to which the Corporation would provide Programming (as defined therein) at Jose Marti Park, located at 351 S.W. 4th Avenue, Miami, Florida 33144 (the "Park"); and WHEREAS, there is a continuing pandemic from the novel coronavirus ("COVID-19 pandemic") that is adversely impacting the community, City services, and the Programming for both virtual school and regular school and the ability of the Corporation to conduct such Programming for both virtual school and regular school as would normally be occurring at the Park, but the community has requested the City and the Corporation to undertake the Programming for many public purpose reasons. NOW, THEREFORE, BE IT: RESOLVED, that the entering into of, and the performance of the covenants and agreements contained in, the Programming Agreement by the Corporation are hereby approved in all respects; and be it further RESOLVED, that the Directors, in their capacity as such and on behalf of the Corporation, hereby request the City to allow the Corporation to conduct the Programming at the Park commencing as soon as possible, in accordance with the terms and conditions and requirements of the Programming Agreement and the information and guidelines provided by the City to the Corporation in the City's email of March 2, 2021 attached and incorporated as Exhibit B hereto from the U.S. Centers Disease Control, American Camping Association, State of Florida ("State"), Miami -Dade County, and the City (collectively, "COVID-19 Information and Pandemic Guidelines") for undertaking such community Programming; DocuSign Envelope ID: AC5C17D0-856B-42E3-A1D9-572BODD5EEOA RESOLVED, that the Directors, on behalf of and for the Corporation and its staff, hereby: (1) acknowledge receipt of the COVID-19 Pandemic Information and Guidelines and have reviewed the COVID-19 Pandemic Information and Guidelines and such other information as the Directors deemed pertinent in connection with the actions contemplated hereunder; (2) have reviewed the City Program Partners Release/Waiver Agreement Form attached and incorporated as Exhibit C hereto, required by the City to be completed by the parent/legal guardian of each child for attendance at and participation in the Programming to be operated by the Corporation at the Park; (3) have reviewed the COVID-19 Attachment attached and incorporated as Exhibit D hereto and forming part of the Programming Agreement, which is required by the City for the Corporation to use, undertake and conduct its Programming, including reviewing the release/waiver of liability of the City, its employees, officials, agents, representatives, and volunteers as set forth in Section 6 of the COVID- 19 Attachment; (4) voluntarily and independently have reviewed the risks inherent in allowing the Corporation and its employees, officials, agents, representatives and volunteers to participate in the Programming, and the related risks to their respective children and households, in order for Corporation to use, undertake, and conduct the Programming at the Park during this time of the COVID-19 pandemic; (5) have reiterated to the City the request to allow the Corporation to use, undertake and conduct the Programming at the Park during the continuing COVID-19 pandemic; and (6) hereby authorize its Executive Director, Karina Pavone, to execute and to undertake all responsibilities of the Corporation under and pursuant to the Programming Agreement, including the COVID-19 Attachment and to take all other actions necessary and proper relating to the Programming Agreement; and be it further RESOLVED, that all of the foregoing uses, undertakings, and conducting of the Programming by the Corporation are in accordance with the mission, articles, and by-laws of the Corporation as a not -for -profit corporation, which is in good standing under the laws of the State of Florida. 2. MISCELLANEOUS. RESOLVED, that each Director hereby waives any notice of meeting or other formality that may be otherwise necessary to give effect to these resolutions; and be it further RESOLVED, that the officers of the Corporation, be, and they each hereby are, authorized to take such further action or actions as they, acting alone, may deem necessary or appropriate in their discretion to give effect to the foregoing resolutions; and be it further RESOLVED, that this written consent may be executed in multiple counterparts (including by facsimile signature or by other electronic means, as such as portable document format (.pdf) file, each of which when executed and delivered shall be deemed to be an original and all of which shall be considered one and the same written consent. [Signature Page Follows] DocuSign Envelope ID: AC5C17D0-856B-42E3-A1 D9-572BODD5EEOA IN WITNESS WHEREOF, the undersigned Directors have adopted, approved and ratified the foregoing resolutions by unanimous written consent as of the date first set forth above. Coot (At�)as l AIWL I.AI LZAS pt, r& Cafe PEDRO CAPO YAIVIELA SILVA ICI--`�-- INGRID HOFFMAN MIGUEL LARREA GUJ1AVUiv1EMBIELA JOSE V. MORALES rbkirt Pia ROBERT PENAFIEL FRANCISCO PONCE ,jest, lieicuAA JOSE TRIANA C c N. 14.14464 I I1K1n11L 1V. VLLASCO LISSETTE CALDERON �yisf� WAxijo ‘is(A, CRISTY CLAVIJO-KISH MAGGIE I RESEN-ZULUETA GteSbti, (1463tra Y UnI$LL A. liiARRA Vlf 6Via Sau, Paiih 6441a0n1 VICTORIA MADANI M.aurct 1, �l eln.lit a� MARCEL MONNAR ELmU 1 YLi1KU�A ,jerot, Q. p,.i is JORGE A. YLASEIN CIA Qtt.),a1A.rittx Stir ALEA NUEIKU 111l.lJL1. V HLL0 4 owi, PLast,tntia MICHAEL PLASENCIA DocuSign Envelope ID: AC5C17D0-856B-42E3-A1D9-572BODD5EEOA EXHIBIT A PROGRAMMING AGREEMENT [ATTACHED] DocuSign Envelope ID: AC5C17D0-856B-42E3-A1D9-572BODD5EEOA EXHIBIT B COVID-19 INFORMATION AND PANDEMIC GUIDELINES [ATTACHED] DocuSign Envelope ID: AC5C1700-856B-42E3-A1D9-572BODD5EEOA EXHIBIT C CITY PROGRAM PARTNERS RELEASE/WAIVER AGREEMENT FORM [ATTACHED] DocuSign Envelope ID: AC5C17D0-856B-42E3-A1D9-572BODD5EEOA EXHIBIT D COVID-19 ATTACHMENT [ATTACHED] ATTACHMENT H See attached. City of Miami Legislation Resolution Enactment Number: R-17-0153 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 1751 Final Action Date:3/23/2017 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S RECOMMENDATIONS AND FINDING, ATTACHED AND INCORPORATED AS EXHIBIT "A", THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI ("CITY") PURSUANT TO SECTION 18-86(A)(3)(C) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; APPROVING THE CITY MANAGER'S RECOMMENDATIONS AND FINDING, ATTACHED AND INCORPORATED AS EXHIBIT "A", THAT AMIGOS TOGETHER FOR KIDS, INC., A FLORIDA NOT FOR PROFIT CORPORATION ("AMIGOS"), IS THE MOST QUALIFIED FIRM TO CONTINUE TO PROVIDE AFTER - SCHOOL INSTRUCTION AND PROGRAM MANAGEMENT, FAMILY EVENTS, CULTURAL, AND RECREATIONAL ACTIVITIES AT JOSE MARTI PARK; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND TO EXECUTE A PARKS AND RECREATION SERVICES AGREEMENT ("AGREEMENT"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY AND BOND COUNSEL, FOR THE CONTRACT PERIOD COMMENCING MAY 12, 2017 THROUGH MAY 11, 2022 WITH THE OPTION TO RENEW FOR UP TO TWO (2) CONSECUTIVE FIVE (5) YEAR PERIODS FOR A TOTAL OF FIFTEEN (15) YEARS UNDER THE SAME TERMS AND CONDITIONS; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE SERVICE AUTHORIZATION LETTERS AND TO NEGOTIATE AND EXECUTE THE NECESSARY DOCUMENTS, AMENDMENTS, EXTENSIONS, RENEWALS, AND MODIFICATIONS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY AND BOND COUNSEL, TO IMPLEMENT ACCEPTANCE OF AND COMPLIANCE WITH THE AGREEMENT. WHEREAS, the City of Miami ("City") has previously entered into agreements with Amigos Together for Kids, Inc., a Florida not for profit organization ("AMIGOS"), to provide after - school instruction and program management, family events, cultural, and recreational activities for youth at Jose Marti Park; and WHEREAS, the City's Department of Parks and Recreation ("Department") has recommended and found that AMIGOS is the most qualified firm to continue to provide said after -school services for youth at Jose Marti Park; and WHEREAS, both the City and AMIGOS understand that the facilities that AMIGOS uses at Jose Marti Park to provide the services have been renovated/improved by tax-exempt bond funding, which requires both the City and AMIGOS to comply with Internal Revenue Code rules and regulations regarding uses of tax-exempt bond -financed facilities; and WHEREAS, the City Manager has approved the recommendations and finding of the Department and has made a finding, attached and incorporated as Exhibit "A", that pursuant to Section 18-86(a)(3)(c) of the Code of the City of Miami, Florida, as amended ("City Code"), competitive negotiation methods and procedures are not practicable or advantageous for obtaining said services, and has recommended to the City Commission that the recommendations and finding, attached and incorporated as Exhibit "A", be adopted and that competitive bidding methods and procedures be waived; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble of this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. By a four -fifths (4/5ths) affirmative vote, after an advertised public hearing, the City Manager's recommendations and finding, attached and incorporated as Exhibit "A", that competitive negotiation methods and procedures are not practicable or advantageous to the City pursuant to Section 18-86(a)(3)(c) of the City Code, waiving the requirements for said procedures, is ratified, approved and confirmed and the City Manager's recommendations and finding, attached and incorporated as Exhibit "A", that AMIGOS is the most qualified firm to continue to provide after -school instruction and program management, family events, cultural, and recreational activities for youth at Jose Marti Park, is approved. Section 3. The City Manager is authorized' to execute an Agreement, in a form acceptable to the City Attorney and Bond Counsel, for the contract period commencing May 12, 2017 through May 11, 2022, with the option to renew for two (2) additional five (5) year periods for a total of fifteen (15) years, under the same terms and conditions. Section 4. The City Manager is further authorized' to execute service authorization letters and to negotiate and execute the necessary documents, amendments, extensions, renewals and modifications, in a form acceptable to the City Attorney and Bond Counsel, to implement acceptance of and compliance with the Agreement. Section 5. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: 3/14/2017 1 The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney including but not limited to those prescribed by applicable City Charter and City Code provisions. 2 If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. CFrY OF ;1inkvii. FLORIDA INTEROFFICE MEMORANDUM TO Daniel Alfonso. City Manager vin,Director 'Parks and Recreation .DATE.: SODJECT January 30,.2017 •Authorizing an Agreement With Amigos for Kids HEFERLNCES City.Comrnission Meeting ENCLosuR : S. of March 23, '2017 FILE The_ Department of Parks and Recreation respectfully requests your approval and action of the Miami City: Commission by a4/5ths affirmative vote,.alter an advertised public hearing ratifying, approving and confirming the City Manager's recommendation, and finding that competitive negotiation methods are not practicable of advantageous regarding the 'agreement for educational and. park services described below. The Department respectfully. requests such recommendation, finding, and authorization in. order to proceed with executing a Parks :Setvices Agreement with Amigos:for Kids to provide afterschool instruction and program management, family event; cultural and recreational activities at Jose Marti Park. During the previous years, Amigos for Kids has demonstrated its qualifications and capacity to serve the city through the following: 1. Providing program management.thatincludcs designing. monitoring and implementing a quality after school program at Jose Marti_.Park. 2. Providing program staff to organize and conduct educational. familyand community events at Jose Marti Park. 3. Coordinating ten hours of Weekly activities.at. Jose Marti Park. .Forthe.reasoris stated above, as required by Section .I8-86(A)(3)(c) of the Code of the City of Miami; the. Department of Parks and Recreation (1) recommends the_execution of a .Park_ Services agreement with Amigos for Kids for the 2017- 2022. contract term be awarded to Amigos for Kids, which is qualified and has been.providing said services .described above for many years, and (2) finds that competitive negotiation methods are not practicable'or advantageous -for the provision of the aforementioned after school programming services at.Jose Marti. Park: If these recommendations and findings meet With your approval. please. indicate by signing below. This legislation item will be placed on the agenda for the March 23, 2017' City Commission meeting. prov CDisapproval:�j___�t.`vl Date: City Commission Meeting Minutes March 23, 2017 PH.3 RESOLUTION 1751 Department of Parks and Recreation A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S RECOMMENDATIONS AND FINDING, ATTACHED AND INCORPORATED AS EXHIBIT "A", THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI ("CITY") PURSUANT TO SECTION 18-86(A)(3)(C) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; APPROVING THE CITY MANAGER'S RECOMMENDATIONS AND FINDING, ATTACHED AND INCORPORATED AS EXHIBIT "A", THAT AMIGOS TOGETHER FOR KIDS, INC., A FLORIDA NOT FOR PROFIT CORPORATION ("AMIGOS"), IS THE MOST QUALIFIED FIRM TO CONTINUE TO PROVIDE AFTER -SCHOOL INSTRUCTION AND PROGRAM MANAGEMENT, FAMILY EVENTS, CULTURAL, AND RECREATIONAL ACTIVITIES AT JOSE MARTI PARK; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND TO EXECUTE A PARKS AND RECREATION SERVICES AGREEMENT ("AGREEMENT"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY AND BOND COUNSEL, FOR THE CONTRACT PERIOD COMMENCING MAY 12, 2017 THROUGH MAY 11, 2022 WITH THE OPTION TO RENEW FOR UP TO TWO (2) CONSECUTIVE FIVE (5) YEAR PERIODS FORA TOTAL OF FIFTEEN (15) YEARS UNDER THE SAME TERMS AND CONDITIONS; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE SERVICE AUTHORIZATION LETTERS AND TO NEGOTIATE AND EXECUTE THE NECESSARY DOCUMENTS, AMENDMENTS, EXTENSIONS, RENEWALS, AND MODIFICATIONS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY AND BOND COUNSEL, TO IMPLEMENT ACCEPTANCE OF AND COMPLIANCE WITH THE AGREEMENT. ENACTMENT NUMBER: R-17-0153 MOTION TO: Adopt RESULT: ADOPTED MOVER: SECONDER: AYES: ABSENT: Frank Carollo, Commissioner Francis Suarez, Commissioner Hardemon, Russell, Carollo, Suarez Gort Note for the Record: For additional minutes referencing item PH.3, please see "Public Comment Period for Regular Item(s). " Vice Chair Russell: PH.3. This is a four -fifths, PH.3. Commissioner Carollo: Move it. Mayor Tomas Regalado: Excuse me. Commissioner Suarez: Second. City of Miami Page 74 Printed on5/18/2017 City Commission Meeting Minutes March 23, 2017 Vice Chair Russell: PH.3 has been moved and seconded. This is Amigos for Kids Park Program. The Chairman is back. PH.3, sir. Commissioner Carollo: I'm sorry. Where are we? Chair Hardemon: It's been moved and seconded, right, PH.3? Vice Chair Russell: Right. Chair Hardemon: Is there anyone from the public that'd like to speak on item PH.3? If so, please approach the lectern now. I was tricked. Is there any further discussion about PH.3? There is a 30-day voluntary -- what do you call it? Barnaby Min (Deputy City Attorney): There's a cancellation. Chair Hardemon: -- cancellation (UNINTELLIGIBLE). Mr. Min: Yes, sir. Chair Hardemon: All right. All in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes. END OF PUBLIC HEARINGS City of Miami Page 75 Printed on5/18/2017 ATTACHMENT I Not applicable. DocuSign Envelope ID: 9A0F6646-F99F-497F-B1FC-F48C269D083E ATTACHMENT J COVID-19 ATTACHMENT TO PROGRAMMING AGREEMENT BETWEEN THE CITY OF MIAMI, FLORIDA AND AMIGOS TOGETHER FOR KIDS, INC. FOR PROGRAMMING IN JOSE MARTI PARK THIS COVID-19 ATTACHMENT TO PROGRAMMING AGREEMENT ("COVID-19 Attachment") effective as of July 1, 2021 ("Effective Date") is between the City of Miami, a Florida municipal corporation, hereafter "City", whose address is 444 Southwest 2nd Avenue, Miami, Florida 33130 and Amigos Together For Kids, Inc., a Florida Not -For -Profit Corporation, hereafter "Programming Partner", whose address is 2153 Coral Way, Suite 405, Miami, Florida 33145. RECITALS WHEREAS, the City and Programming Partner have entered into an agreement, of even date herewith, to which this document is Attachment J ("Agreement") for Programming, as defined in the Agreement and as further described below , at the City's Jose Marti Park, located at 351 S.W. 4th Avenue, Miami, FL 33144 ("Park"); and WHEREAS, during this time there is a continuing pandemic from the novel coronavirus ("COVID-19 pandemic") that is adversely impacting the community, City services, and Programming services and the ability of Programming Partner to conduct Programming as would normally be occurring at the Park, but the community has requested the City and Programming Partner to undertake Programming for many public purpose reasons; and WHEREAS, the Board of Directors of Programming Partner also has requested the City to allow Programming Partner to conduct Programming in the Park as set forth in and during the Effective Term of the Agreement, and the City has provided to Programming Partner in its email of March 2 , 20 21 information and guidelines attached and incorporated as Composite Exhibit "B" hereto, from the U.S. Centers Disease Control, American Camping Association, State of Florida ("State"), Miami -Dade County, and the City (collectively, "COVID-19 Information and Pandemic Guidelines"), for undertaking the Programming; and WHEREAS, in its June 18 , 20 21Board Resolution attached and incorporated as Exhibit "C" hereto, Programming Partner's Board of Trustees/Directors ("Board") and the Staff of Programming Partner have (1) acknowledged receipt of the COVID-19 Pandemic Information and Guidelines and reviewed the COVID-19 Pandemic Information and Guidelines and such other information as the Board deemed pertinent, (2) reviewed the PARENT/LEGAL GUARDIAN FOR MINOR CHILD'S/CHILDREN'S PARTICIPATION AGREEMENT, GENERAL 1 DocuSign Envelope ID: 9A0F6646-F99F-497F-B1FC-F48C269D083E ACKNOWLEDGMENT OF RISKS, AND WAIVER/RELEASE OF LIABILITY RELATED TO THE NOVEL CORONAVIRUS/COVID 19 AND GENERAL CITY OF MIAMI PARK FACILITIES AND ACTIVITIES ("City Program Partners Release/Waiver Agreement Form") attached and incorporated as Exhibit "D" hereto, required by the City to be completed by the parent/legal guardian of each child for attendance at and participation in Programming to be operated by Programming Partner at the Park, (3) reviewed this COVID-19 Attachment, including the release/waiver of liability of the City, its employees, officials, agents, representatives, and volunteers as set forth in Section 6 below; (4) voluntarily and independently reviewed the risks inherent in allowing Programming Partner, its Board members, employees, officials, agents, representatives, and volunteers, and the related risks to their respective households, in order for Programming Partner to use, undertake, and conduct Programming to be operated by Programming Partner at the Park during this time of the COVID-19 Pandemic; (5) reiterated to the City the request to allow Programming Partner to use, undertake and conduct Programming to be operated by Programming Partner at the Park during the continuing COVID-19 Pandemic; and (6) authorized Programming Partner's Board Chairperson and its Executive Director to execute and to undertake all responsibilities of Programming Partner as set forth below in this COVID-19 Attachment; NOW, THEREFORE, in consideration of the mutual covenants herein, the sufficiency of which is hereby acknowledged, the City and Programming Partner (sometimes hereafter referred to collectively as "Parties" and each separately as a "Party") agree as follows: SECTION 1. INCORPORATION OF RECITALS, EXHIBITS; COVID-19 ATTACHMENT IS IN ADDITION TO AND SUPPLEMENTS THE AGREEMENT: The recitals above and all Exhibits referenced above and below in this COVID-19 Attachment are incorporated by reference as if fully set forth in this Section. This COVID-19 Attachment adds to and supplements the Agreement and all provisions of the Agreement remain unchanged and in full force and effect as if set forth herein. The provisions of this COVID-19 Attachment shall survive the termination of the Agreement. SECTION 2. EFFECTIVE TERM: The effective term of this COVID-19 Attachment shall remain in full force and effect throughout the term(s) of the Agreement, including any renewals thereof, unless earlier terminated in writing by mutual agreement of the Parties; provided, however, that, notwithstanding anything contained herein to the contrary, the City and the Programming Partner shall reasonably cooperate with each other to update the terms of this Attachment from time to time to take into account updated guidance from the Center for Disease Control and Prevention and any other applicable governmental authority (including, without limitation, with respect to the social distancing guidelines applicable to children and related capacity limitations, and the suspension or termination of any applicable guidelines or requirements following the determination by applicable governmental authorities that the COVID-19 pandemic has been significantly contained or eliminated or no longer poses a significant threat to the South Florida community). SECTION 3. PROGRAMMING PARTNER'S UPDATED DOCUMENTS: Programming Partner has submitted to the City all updated documents for the City's approval in connection with 2 DocuSign Envelope ID: 9A0F6646-F99F-497F-B1 FC-F48C269D083E this COVID-19 Attachment. The City agrees to not unreasonably delay review and requests for any additional information necessary in connection with this COVID-19 Attachment and Programming Partner's use, undertaking and conducting the Programming in the Park. SECTION 4. SCOPE OF SERVICES, HEALTH AND SAFETY MEASURES, AND REPORTING FOR PROGRAMMING DURING COVID-19 PANDEMIC 1. Programming Partner agrees to render Programming, the Park for the use, undertaking and conducting of the Programming in accordance with the Scope of Services set forth in Attachment A to the Agreement. The Programming Partner shall implement the Programming and all health, safety, compliance and incident reporting requirements in accordance with the COVID-19 Pandemic Information and Guidelines in Exhibit "B", in accordance with the Agreement, and in a manner deemed satisfactory to the City. The Programming shall not be effective until approved, in writing, by the City and the Programming Partner by the execution of this COVID-19 Attachment. 2. Programming Partner agrees that no child shall be allowed to attend Programming used, undertaken, and conducted at the Park or otherwise unless and until the parent/legal guardian for such child has fully completed and signed a copy of the required City Program Partners Release/Waiver Agreement Form attached and incorporated as Exhibit "D" hereto. A copy of each executed City Program Partners Release/Waiver Agreement Form shall be provided to the City's Parks Department Representative before or by the end of the day of receipt of same by the Programming Partner (to the extent practicable, and if not, no later than the next business day following receipt thereof by Programming Partner) so that the City can update its records for potential tracking purposes. 3. The City and the Programming Partner WILL NOT PROVIDE masks for each child and each child's parent/legal guardian shall be solely responsible for providing a mask daily for each child. Programming Partner WILL NOT ALLOW any parent/legal guardian to sign any child/children into the Programming to be operated by Programming Partner at the Park each morning unless each child is wearing a mask. To ensure the safety of all respective City and Programming Partner employees, officials, agents, representatives, and volunteers and the Programming participants, Programming Partner shall each morning take the temperature of each child before the parent/legal guardian leaves the City's property. Programming Partner shall instruct all parents/legal guardians to remain at the entrance of the Park until the daily public health temperature taking procedure(s) have been conducted for all of that individual's children and each of that individual's children has been cleared to attend and participate for that day. Pursuant to COVID-19 Information and Guidelines, if any child's temperature is 100.04° Fahrenheit or above, or if any child show(s) other signs of illness, such child shall not be permitted to participate in the Programming that day, and the parent/legal guardian for such child shall be immediately notified by Programming Partner to pick up such child from the Programming Partner's care and custody. Programming Partner shall not allow any child to return to the Programming until his/her temperature is below 100.04° Fahrenheit without the aid of medication for at least twenty-four (24) hours as certified to Programming Partner by that child/s parent/legal guardian in writing. Programming Partner further agrees to assist City with any required contact tracing efforts related to positive testing for COVID-19 by any Programming Partner Board member, employee, official, agent, representative, volunteer, participant, or 3 DocuSign Envelope ID: 9A0F6646-F99F-497F-B1 FC-F48C269D083E related household members that have participated in or have been on the premises for the Programming to be operated by Programming Partner at the Park. 4. The Programming Partner agrees that all Programming provided in connection with this COVID-19 Attachment will be used exclusively for Programming at the Park for the benefit of City residents. SECTION 5. PROGRAMMING PARTNER'S REPRESENTATIONS TO CITY: Programming Partner agrees to comply with all COVID-19 Information and Guidelines to reduce the contraction and/or transmission of COVID-19 by its employees, Board members, officials, agents, representatives, volunteers, and members of their respective households. By signing this COVID-19 Attachment, Programming Partner represents to the City that, to the best of the Programming Partner's knowledge, none of its employees, Board members, officials, agents, representatives, volunteers, or members of their respective households are experiencing any symptoms of COVID-19 including, but not limited to, fever or chills, cough, shortness of breath or difficulty breathing, fatigue, muscle or body aches, headache, new loss of taste or smell, sore throat, congestion or runny nose, nausea or vomiting, diarrhea, any other flu -like illness, or skin lesions. Programming Partner further represents that, as of the date of signing this COVID-19 Attachment and to the best of the Programming Partner's knowledge, none of its employees, Board members, officials, agents, representatives, volunteers, or members of their respective households are currently diagnosed with COVID-19 or have tested positive for COVID-19 in the last fourteen (14) days. Finally, Programming Partner represents that as of the date of signing of this COVID-19 Attachment, and to the best of the knowledge of its Board Chairperson and Executive Director (1) that no Programming Partner employees, Board members, officials, agents, representative, volunteers, or members of their respective households have been in close contact with any individual who has tested positive for COVID-19 in the last fourteen (14) days; and (2) that none of the Programming Partner employees, Board members, officials, agents, representative, volunteers, or members of their respective households have traveled outside of the United Sates in the last fourteen (14) days. For purposes of this Section 5, Programming Partner's knowledge means the knowledge of the Programming Partner's Executive Director after reasonable inquiry and based on any self -reporting by the applicable persons; provided, however, that in no event shall Programming Partner be required to make any inquiries or take any other actions that would violate any applicable laws, including, without limitation, the Health Insurance Portability and Accountability Act of 1996, as amended, and the regulations promulgated thereunder. SECTION 6. PROGRAMMING PARTNER'S RELEASE/WAIVER OF LIABILITY, ETC. OF CITY: By signing this COVID-19 Attachment, on my behalf, our behalves, and on behalf of Programming Partner, its Board, employees, officials, agents, representatives, volunteers, and their and our respective children, household members, and any personal representatives, assigns, heirs, and next of kin, I/WE HEREBY FOREVER RELEASE, WAIVE LIABILITY BY, COVENANT NOT TO SUE, DISCHARGE, AND AGREE FOREVER TO INDEMNIFY, DEFEND, AND HOLD HARMLESS the City, and its respective employees, agents, officials, representatives, and volunteers against any and all claims, losses, damages, costs, or expenses associated with COVID- 19 arising out of, or in connection with any Programming to be operated by Programming Partner at the Park. On behalf of Programming Partner, we also acknowledge, understand, and agree that 4 DocuSign Envelope ID: 9A0F6646-F99F-497F-B1 FC-F48C269D083E this Agreement includes any claims based on the actions, omissions or negligence of the City, and its employees, agents, officials, representatives, or volunteers with respect to a COVID-19 infection that occurs before, during or after participation in any City and/or as a result of participating in the Programming on -site at the Park or during Programming off -site. FURTHERMORE, PROGRAMMING PARTNER HEREBY VOLUNTARILY ACCEPTS SOLE RESPONSIBILITY (AS BETWEEN THE CITY AND PROGRAMMING PARTNER) FOR any personal injury, any and all related COVID-19 illnesses or complications, any and all other illnesses or complications not related to COVID-19, any permanent disability, or the death of any of Programming Partner's Board, employees, officials, agents, representatives, volunteers, and any of their respective children, household members, including, but not limited to, personal injury, disability, death, illness, damage, loss, claim, liability, or expense of any kind, that any of the foregoing and their respective children, household members, personal representatives, heirs, assigns, or next of kin may experience or incur in connection with Programming Partner's uses, undertakings, and/or conducting Programming operated by Programming Partner on -site at the Park, or during Programming off -site. On my/our behalf/behalves and on behalf of Programming Partner, its Board members, employees, officials, agents, representatives, volunteers, and their respective children, household members, personal representatives, heirs, assigns, and next of kin, PROGRAMMING PARTNER ON BEHALF OF ALL OF THE FOREGOING HEREBY FOREVER RELEASE, COVENANT NOT TO SUE, DISCHARGE, WAIVE LIABILITY BY, AND AGREE FOREVER TO DEFEND, HOLD HARMLESS, AND INDEMNIFY the City, and its employees, agents, officials, representatives, and volunteers, of and from any and all claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto regarding any participation in, use of, undertakings, and conducting of Programming by Programming Partner in the Park, its Board, employees, agents, representatives, volunteers, myself, ourselves, my/their and respective children, and other members of my/their households. On behalf of Programming Partner, we the undersigned understand and agree that this release and waiver includes any claims based on the actions, omissions, or negligence of the City, and its employees, agents, officials, representatives, and/or volunteers, involving Programming conducted by Programming Partner at the Park whether related directly or indirectly to a COVID- 19 infection or to any other incident not involving COVID-19, any of which occurs before, during, or after participation or in connection with participating in any Programming operated by Programming Partner in the Park. Additionally, I/we on behalf Programming Partner voluntarily agree that by signing this COVID-19 Attachment, I/we/Programming Partner will assist the City, and its employees, agents, officials, representatives, and/or volunteers with any required contact tracing and any quarantine of myself/ourselves, Programming Partner's Board, employees, officials, agents, representatives, volunteers, participants, and respective children, and other household members that may be required in connection with COVID 19 infection before, during, or after participation in any Programming operated by Programming Partner in the Park. On behalf of Programming Partner, I/we hereby certify that provided below are the (a) correct and valid City residence addresses and phone contact information for Programming Partner's representatives responsible under this COVID-19 Attachment, and (b) correct and valid information regarding Programming Partner. 5 DocuSign Envelope ID: 9A0F6646-F99F-497F-B1 FC-F48C269D083E On behalf of Programming Partner, I/we acknowledge that Programming Partner's Board has duly authorized me/us to sign on its behalf, and that I/we am voluntarily executing this COVID-19 Attachment on behalf of Programming Partner and have not been pressured, forced, threatened, or coerced to execute this COVID-19 Attachment. I/we understand that Uwe/Programming Partner has/have a right to consult with an attorney before signing this COVID-19 Attachment, and I/we/Programming Partner has/have either consulted with an attorney or knowingly and voluntarily decided not to consult with an attorney. I/we the undersigned on behalf of Programming Partner am/are not under the influence of any drugs, alcohol, medication, any other narcotic or have any mental illness that might tend to affect my/our ability/abilities to knowingly sign this COVID-19 Attachment by signing below. I/we on behalf of Programming Partner and myself/ourselves, represent that Uwe have read and understand the terms of this COVID-19 Attachment. Uwe on behalf of Programming Partner and myself/ourselves expressly agree that this acknowledgement, release, and waiver in this COVID- 19 Attachment is intended to be as broad and inclusive as is permitted by the laws of the State, and if any portion hereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. SECTION 7. SEVERABILITY: As in the Agreement, if any provision of this COVID-19 Attachment is held invalid or void, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. SECTION 8. COUNTERPARTS; ELECTRONIC SIGNATURES. This COVID-19 Attachment may be executed in three (3) counterparts, each of which shall be an original as against either Party whose signatures appear thereon, but all of which taken together shall constitute but one and the same instrument. An executed facsimile or electronic scanned copy of this COVID-19 Attachment shall have the same force and effect as an original. The Parties shall be entitled to sign and transmit an electronic signature on this COVID-19 Attachment (whether by facsimile, PDF, or other email transmission), which signature shall be binding on the Party whose name is contained therein. Any Party providing an electronic signature agrees to promptly execute and deliver to the other Parties an original signature of this COVID-19 Attachment upon request. SECTION 9. CAPITALIZED TERMS, NUMBER, AND GENDER. All capitalized terms not defined herein shall have the meanings provided in the Programming Partner Agreement and the attachments and exhibits thereto. Whenever the singular or plural number, masculine or feminine or neuter gender is used herein, it shall equally include the others and shall apply jointly and severally. [Remainder of page left intentionally blank. Next page is signature page] 6 DocuSign Envelope ID:9A0F6646-F99F-497F-B1FC-F48C269D083E IN WITNESS WHEREOF, the Parties hereto have caused this COVID-19 Attachment to the Agreement to be executed by their respective duly authorized representatives, as of the Effective Date above written. CITY OF MIAMI, Afilorida Municipal Corporation AMIGOS TOGETHER FOR KIDS, INC., a Florida Not -For -Profit Corporation By: /-�I - By: 6rivut Q. P&Mbtt, 7/1/2021 Arthur oriega V, City Manger Title: Executive Director Date Print Name: Karina Pavone Attest: Attest: Toddity Clerk Name: John serret Title: Approved as to Form and Correctness: Bv: Attest: Director of Finance and Human Res By: NIddltt,tli, tuarjas Name: Michelle cuartas Victoria Mendez, City Attorney RFA 418468 Title: Program Di rector Approved as to Insurance Requirements: Digitally signed by Gomez, Gomez, Frank Frank Date: 2022.01.31 10:41:52 By: ❑S'00' Ann -Marie Sharpe, Dir. of Risk Management Approved as to Program Reuireme By Barbara 'I7 -ez, 1 irectr of Parks and Recreation 7 N DZO m n rn m Exhibit "A" [intentionally omitted] Composite Exhibit "B" Information and guidelines attached and incorporated from the U.S. Centers Disease Control, American Camping Association, State of Florida, Miami -Dade County, and the City (collectively, "COVID-19 Information and Pandemic Guidelines") CDC Centers for Disease Control and Prevention COVID-19 Operational Strategy for K-12 Schools through Phased Prevention Updated Apr. 23, 2021 Print Summary of Recent Changes Updates as of March 19, 2021 • Revised physical distancing recommendations to reflect at least 3 feet between students in classrooms and provide clearer guidance when a greater distance (such as 6 feet) is recommended. • Clarified that ventilation is a component of strategies to clean and maintain healthy facilities. • Removed recommendation for physical barriers. • Clarified the role of community transmission levels in decision -making. • Added guidance on interventions when clusters occur. View Previous Updates Key Points 1. Evidence suggests that many K-12 schools that have strictly implemented prevention strategies have been able to safely open for in -person instruction and remain open. Schools are an important part of the infrastructure of communities, as they provide safe and supportive learning environments for students, employ teachers and other staff, and enable parents, guardians, and caregivers to work. Many students, staff, and caregivers are either missing or have had interruptions in services due to school building closures and virtual and hybrid learning. Evidence suggests that many K-12 schools that have strictly implemented prevention strategies have been able to safely open for in -person instruction and remain open.' CDC's Science Brief on Transmission of SARS-CoV-2 in K-12 Schools summarizes evidence on COVID-19 among children and adolescents and what is known about preventing transmission in schools. CDC has developed guidance for prevention strategies that K-12 school administrators can use to help protect students, teachers, and staff, and slow the spread of COVID-19. If prevention strategies are strictly adhered to, K-12 schools can safely open for in -person instruction and remain open.' This document provides an operational strategy for safe delivery of in - person instruction in K-12 schools through the integration of a package of prevention and control components: 1. Consistent implementation of layered prevention strategies to reduce SARS-CoV-2 transmission in schools 2. Consideration of indicators of community transmission to reflect levels of community risk 3. Phased prevention strategies based on levels of community transmission The following public health efforts provide additional layers of COVID-19 protection in schools: • Testing to identify individuals with a SARS-CoV-2 infection to limit transmission and outbreaks • Vaccination for teachers and staff as soon as possible Health Equity Considerations Long-standing systemic health and social inequities have put many racial and ethnic minority groups at increased risk of getting sick and dying from COVID-19. People who identify as American Indian/Alaska Native, Black, and Hispanic are disproportionately affected by COVID-19; these disparities have also emerged among children.' The absence of in -person educational options might disadvantage children from all backgrounds, particularly children in low-resourced communities who might be at an educational disadvantage. These students might be less likely to have access to technology to facilitate virtual learning and more likely to rely on key school -supported resources such as school meal programs, special education and related services, counseling, and after -school programs. Some parents and caregivers might have less -flexible jobs that do not permit staying at home to provide childcare and aid with virtual learning if schools are closed to in -person instruction. On the other hand, certain racial and ethnic groups have borne a disproportionate burden of illness and serious outcomes from COVID-19. These health disparities are evident even among school -aged children,' suggesting that in -person instruction might pose a greater risk of COVID-19 to disproportionately affected populations. For these reasons, health equity considerations related to in -person instruction are an integral part of this complex decision -making. To enable in -person learning in schools that serve racial and ethnic groups disproportionately affected by COVID-19, school administrators and public health officials can work together to help schools plan and implement comprehensive prevention strategies, engage community partners, and assist with referrals to medical care. It is important that these schools have the resources and . Facilities managers and custodial staff • Transportation personnel, school nutrition professionals, and family services representatives. Consistent with health equity considerations, schools and school districts should conduct active and specific outreach to underserved families - including parents/guardians of students of color, students from low-income backgrounds, students with disabilities, English learners, students experiencing homelessness, and students in foster care. This communication should be conducted in families' home languages or mode of communication and in alternate formats as needed to facilitate effective communication for individuals with disabilities and, where appropriate, in partnership with trusted community - based organizations. Prevention Strategies to Reduce Transmission of SARS-CoV-2 in Schools Regardless of the level of community transmission, it is critical that schools use and layer prevention strategies. Five key prevention strategies are essential to safe delivery of in -person instruction and help to prevent COVID-19 transmission in schools: 1. Universal and correct use of masks 2. Physical distancing 3. Handwashing and respiratory etiquette 4. Cleaning and maintaining healthy facilities 5. Contact tracing in combination with isolation and quarantine Schools providing in -person instruction should prioritize two prevention strategies: 1. Universal and correct use of masks should be required 2. Physical distancing should be maximized to the greatest extent possible. All prevention strategies provide some level of protection, and layered strategies implemented at the same time provide the greatest level of protection. Schools should adopt prevention strategies to the largest extent practical —a layered approach is essential. Health equity considerations in prevention strategies • Federal and state disability laws, to the extent applicable, require an individualized approach for students with disabilities consistent with the student's IEP or Section 504 plan. Educators and school leaders must remain aware of their obligations under federal and state disability laws and should also consider adaptations and alternatives to prevention strategies, while maintaining efforts to protect students, teachers, and staff from COVID-19. • CDC's K-12 Schools COVID-19 Prevention Toolkit ■ includes resources, tools, and checklists to help school recommended. • Most students, including those with disabilities, can tolerate and safely wear a mask. However, a narrow subset of students with disabilities might not be able to wear a mask or cannot safely wear a mask. Those who cannot safely wear a mask —for example, a person with a disability who, for reasons related to the disability, would be physically unable to remove a mask without assistance if breathing becomes obstructed —should not be required to wear one. For the remaining portion of the subset, schools should make individualized determinations as required by Federal disability laws in order to determine if an exception to the mask requirement is necessary and appropriate for a particular student. If a child with a disability cannot wear a mask, maintain physical distance, or adhere to other public health requirements, the student is still entitled to an appropriate education, which in some circumstances may need to be provided virtually. • Mask use should be required on school buses and other public transportation; school systems should take appropriate steps to ensure compliance with this requirement by students, staff, and others. • If visitors are permitted in school, they should be required to wear masks at all times and should maintain physical distance from others. • Schools should encourage modeling of correct and consistent mask use by school leaders, local leaders, and others respected in the community. ANIMMit 411 Find a mask that is made for children to help ensure proper fit. Check to be sure the mask fits snugly over the nose and mouth and under the chin and that there are no gaps around the sides. Physical distancing Core principle for physical distancing: Establish school policies and implement structural interventions to promote physical distance between people. • Between students in classrooms - In elementary schools, students should be at least 3 feet apart.' - In middle schools and high schools, students should be at least 3 feet apart in areas of low, moderate, or substantial community transmission. In areas of high community transmission, middle and high school students should be 6 feet apart if cohorting is not possible.'-z, 4-6 • Maintain 6 feet of distance in the following settings: - Between adults (teachers and staff), and between adults and students, at all times in the school building. Several studies have found that transmission between staff is more common than transmission between students and staff, and among students, in schools.' - When masks cannot be worn, such as when eating. - During activities when increased exhalation occurs, such as singing, shouting, band, or sports and exercise. Move these activities outdoors or to large, well -ventilated space, when possible. - In common areas such as school lobbies and auditoriums. • Use cohorting, and maintain 6 feet of distance between cohorts where possible. Limit contact between cohorts. In areas of substantial (orange) and high (red) levels of community transmission, schools that use less than 6 feet between 1 Create distance between children on school buses when possible. Open windows to improve ventilation when it does not create a safety hazard. Transportation: Create distance between children on school buses (for example, seat children one child per row, skip rows), when possible. Masks are required by federal order on school buses and other forms of public transportation in the United States. Open windows to improve ventilation when it does not create a safety hazard. More information about school transportation and prevention is available. Additional suggestions for physical distancing: • Staggered scheduling: Stagger school arrival and drop-off times or locations by cohort, or put in place other protocols to limit contact between cohorts, as well as direct contact with parents. • Alternate schedules with fixed cohorts of students and staff to decrease class size and promote physical distancing. Handwashing and respiratory etiquette Core principle for handwashing and respiratory etiquette: Through ongoing health education units and lessons, teach children proper handwashing and reinforce behaviors, and provide adequate supplies. Ensure that teachers and staff use proper handwashing and respiratory etiquette. Core principle for cleaning and maintaining healthy facilities: Make changes to physical spaces to maintain a healthy environment and facilities, including improving ventilation. Routinely clean high -touch surfaces (such as doorknobs and light switches). • Ventilation: Improve ventilation to the extent possible to increase circulation of outdoor air, increase the delivery of clean air, and dilute potential contaminants. This can be achieved through several actions. Bring in as much outdoor air as possible. Ensure Heating, Ventilation, and Air Conditioning (HVAC) settings are maximizing ventilation. Filter and/or clean the air in the school by improving the level of filtration as much as possible. Use exhaust fans in restrooms and kitchens. Open windows in buses and other transportation, if doing so does not pose a safety risk. Even just cracking windows open a few inches improves air circulation. • Modified layouts: Adjust physical layouts in classrooms and other settings to maximize physical space, such as by turning desks to face in the same direction. • Cleaning: Regularly clean high touch surfaces and objects (for example, playground equipment, door handles, sink handles, toilets, drinking fountains) within the school and on school buses at least daily or between use as much as possible. • Communal spaces: Close communal use of shared spaces, such as cafeterias, if possible; otherwise, stagger use and clean regularly (for example, daily or as often as needed). Consider use of larger spaces such as cafeterias, libraries, gyms for academic instruction, to maximize physical distancing. • Food service: Avoid offering any self -serve food or drink options such as hot and cold food bars, salad or condiment bars, and drink stations. • Water systems: Take steps to ensure that all water systems and features (for example, sink faucets, decorative fountains) are safe to use after a prolonged facility shutdown. Before students and staff return to a school or childcare building that has been closed for an extended time, look for ways to reduce potential hazards. aay). Staying home when appropriate: Educate teachers, staff and families about when they and their children should stay home and when they can return to school. Students, teachers, and staff who have symptoms should stay home and be referred to their healthcare provider for testing and care. Schools may need to consider flexible sick leave policies and practices that enable teachers and staff to stay home when they are sick, have been exposed, or are caring for someone who is sick. School systems should recruit and train sufficient substitute educators to ensure that teachers can stay home when they are sick or have been exposed to someone who is confirmed or suspected of having COVID-1 9. • Isolation should be used to separate people diagnosed with COVID-19 from those who are not infected. Students, teachers, and staff who are in isolation should stay home and follow the direction of the local public health authority about when it is safe for them to be around others. • Case investigation and contact tracing: Schools should work with the local health department to facilitate, to the extent allowable by applicable laws, systematic case investigation and contact tracing of infected students, teachers, and staff, and consistent isolation of cases and quarantine of close contacts. Schools can prepare and provide information and records to aid in the identification of ootential contacts DON'T FEEL WELL? STAY HOME WHEN YOU ARE SICK Tell your mom, dad, or caregiver before you come to school.Tell your teacher or an adult if you become sick at school cough sore throat Shortness of breath chills or problem breathing Joss of taste or sn+eil OTHER SYMPTOMS INCLUDE: fever, runny nose, diarrhea, feeling nauseous or vomiting, feeling tired, headache, and poor appetite CAC .4 -..,1111•..•• • [PDF - PDF-2.5MB] cdc.govlcoronavirus Quarantine should be used for students, teachers, and staff who might have been exposed to COVID-19. Close contacts, identified through contact tracing, should quarantine unless they are fully vaccinated, or have tested positive in the last 3 months, and do not have any symptoms. Students, teachers, and staff who are in quarantine should stay home and follow the direction of the local public health department about when it is safe for them to be around others. If a child with a disability is required to quarantine, the school is required to provide services consistent with federal disability laws. Indicators of Community Transmission School administrators, working with local public health officials, should assess the level of community transmission to understand the burden of disease in the community. The higher the level of community transmission, the more likely that SARS-CoV-2 will be introduced into the school facility from the community, which could lead to in -school transmission if layered prevention strategies are not in use. CDC recommends the use of two measures of community burden to determine the level of risk of transmission: total number of new cases per 100,000 persons in the past 7 days, and percentage of nucleic acid amplification tests (NAATs), including RT- PCR tests, that are positive during the last 7 days. The two measures of community burden should be used to assess the incidence and spread of SARS-CoV-2 in the surrounding community (for example, county) and not in the schools themselves. If the two indicators suggest different levels, the actions corresponding to the higher threshold (in Table 2) should be chosen. The transmission level for any given location will change over time and should be reassessed weekly for situational awareness and to continuously inform planning and decision -making. Table 1. CDC Indicators and Thresholds for Community Transmission of COVID-191 Moderate Low Transmission j Transmission Indicator Blue i Yellow Total new cases per 0-9 10-49 100,000 persons in the past 7 days2 ! -Percentage of NAATs that are positive during the past 7 days3 <5.0% 5.0%-7.9% Substantial Transmission Orange 50-99 High Transmission Red >_100. 8.0%-9.9% 'If the two indicators suggest different levels, the actions corresponding to the higher threshold should be chosen. County -level data on total new cases in the past 7 days and test percent positivity are available on the County View tab in CDC's COVID Data Tracker. • In -person instruction should be prioritized over extracurricular activities, including sports and school events, to minimize risk of transmission in schools and protect in -person learning. Prolonged periods of remote or virtual learning can have negative effects on educational progress for students, potentially slowing or reversing academic gains. Students from low-resourced communities, English learners, and students with disabilities might disproportionately experience learning loss due to limited access to remote learning technology and fewer learning support systems and services outside of schools. Safe in -person schooling can also offset the negative social, emotional, and mental health impacts of prolonged virtual learning. Minimizing the risk of spread during extracurricular activities and social gatherings outside of school can help maintain in -person instruction. Some close -contact sports might not be able to be implemented at any level of community transmission given the risk of transmission and the inability to implement prevention strategies) Schools may consider using expanded screening testing for sports and extracurricular activities to identify cases and reduce risk of transmission from people who are asymptomatic or pre -symptomatic. • Lower susceptibility and incidence among younger children compared to teenagers suggests that younger students (for example, elementary school students) are likely to have less risk of in -school transmission due to in -person learning than older students (middle schools and high schools). In addition, younger children may benefit more from in -person instruction and are less independent than older students. • Families of students who are at increased risk of severe illness (including those with special healthcare needs) or who live with people at high risk should be given the option of virtual instruction, regardless of the mode of learning offered. • Schools are encouraged to use cohorting, especially in areas of substantial (orange) and high (red) transmission, to facilitate testing and contact tracing, and to minimize transmission across cohorts. Monitoring levels of community transmission provides school leaders with an indicator system for the risk of introduction of SARS-CoV-2 virus into a school. Information about levels of community transmission should be combined with information about cases in schools and implementation of prevention strategies to guide decision -making. Implementation of prevention strategies should be intensified if indicators worsen (i.e., moving from low to moderate to substantial to high community transmission). Intensifying prevention might also involve imposing restrictions on sports and extracurricular activities to protect in -person learning. To make decisions about preventive actions, school and health officials should take the following information into account: • The numbers of COVID-19 cases among students, teachers, and staff, and number of people in quarantine • Compliance with prevention strategies • Levels of community transmission Table 2 presents a school operational plan for opening and remaining open that emphasizes layering prevention at all levels of community transmission. Table 2. Recommended Prevention Strategies for K-12 Schools and Levels of Community Transmission Prevention Strategies: All Schools Elementary Schools Physical distancing: at least 3 feet between students in classrooms Middle and High Schools Physical distancing: at least 3 feet between students in i classrooms Sports and extracurricular activities Sports and extracurricular activities occur with at least 6 feet of physical distance to the greatest extent possible6 Sports and extracurricular activities Sports and extracurricular activities occur with at least 6 feet of physical distance required6 Elementary Schools Physical distancing: at least 3 feet of distance between students in classrooms Cohorting2 recommended when possible Middle and High Schools Physical distancing: at least 3 feet of distance between students in classrooms Cohorting recommended when possible Middle and High Schools Schools that can use cohorting: at least 3 feet of distance Schools that cannot use cohorting: at least 6 feet distance between students in classrooms 2 Sports and extracurricular activities Sports and extracurricular activities occur only if they can be held outdoors, with more than 6 feet of physical distancing6 ,Levels of community transmission defined as total new cases per 100,000 persons in the past 7 days (low, 0-9; moderate, 10- 49; substantial, 50-99; high, >_100) and percentage of positive tests in the past 7 days (low, <5%; moderate, 5-7.9%; substantial, 8-9.9%; high, .10%). 2Cohorting involves creating groups of students that are separated from other groups by at least 6 feet throughout the entire day. Cohorting can be implemented in either full in -person instruction or hybrid instruction, or through other strategies. 31n middle and high schools, 6 feet is recommended in areas of high community transmission, unless they can implement cohorting. Schools may consider using reduced attendance, hybrid instruction, or other strategies to ensure 6 feet of physical distance between students in middle and high schools that do not use cohorting. Diagnostic testing for SARS-CoV-2 is intended to identify occurrence of SARS-CoV-2 infection at the individual level and is performed on individuals with or without suspected COVID-19 infection in accordance with the test's authorization and labeling. 4Middle and high schools in areas of high community transmission should implement cohorting if they use less than 6 feet between students in classrooms. If cohorting is not possible, 6 feet between students is recommended. Middle and high schools can use strategies such as reduced attendance (some students are virtual only at all times) or hybrid instruction to achieve 6 feet of distance. 'School officials should implement limits on spectators and attendees for sports, extracurricular activities, and events to ensure 6 feet of physical distance and require use of masks. 6Schools may consider using screening testing for student athletes and adults (e.g., coaches, trainers) who support these orti�iitioe to forilitntc. erfc norFirinotinn onrl rcrli Ira ricL of tronemiccinn Cnn errnnninrr tnetinrr enrtinn onrl Tokin 4 fro- A school cluster is an index case and two or more cases epidemiologically linked to the index case who likely acquired SARS- CoV-2 infection in school (i.e., school -associated cases). When cases are introduced into the school environment, they can lead to clusters and potentially to rapid and uncontrolled spread. This is more likely to happen in areas of substantial or high community transmission, as cases are more likely to be introduced into the school from the community. Schools should monitor cases (consistent with privacy and other applicable laws), identify clusters quickly, and promptly intervene to control spread. Infection source and whether the infection is likely acquired in school or outside of school should be determined by case investigations conducted by a collaboration between school administration and the local health department. Schools should take the following actions to control transmission in the event of a cluster: 1. Investigate cases and trace contacts; encourage isolation and quarantine (consistent with applicable privacy and other laws). • Work with the health department to carefully investigate each case, including conducting interviews with students, teachers, parents, and school staff. • Encourage compliance with isolation for people who test positive. • Work with the health department to trace close contacts in accordance with applicable federal and state privacy laws of all cases and refer close contacts for diagnostic testing. Encourage compliance with quarantine. 2. Assess situations where close contacts occurred and implement interventions to address potential contributors to the clusters. For example: • Determine whether inconsistent or incorrect use of masks contributed to the clusters and intervene to improve consistent and correct mask use. • Assess implementation of physical distancing and determine whether intervention is needed to address distancing. • Eliminate or decrease nonessential in -person interactions among teachers and staff during meetings, lunches, and other situations that may have led to adult -to -adult transmission. Unplanned school closures i!t c7,L3I a variety of factors and with the emphasis on ensuring the health and wellness of students, their families, and teachers and staff. In such cases, schools should make efforts to provide continuity of instruction through synchronous remote learning or at-home activities. Classrooms, cohorts, or schools experiencing uncontrolled spread of COVID-19 may temporarily close for in -person learning. If the school is experiencing uncontrolled spread, school leaders should immediately notify public health officials and collaborate to facilitate increased testing and contact tracing, as necessary. The local health department may facilitate testing for students, teachers, and staff who are in schools with an uncontrolled spread. Schools in areas experiencing rapid or persistent rises in COVID-19 case rates or severe burden on health care capacity. School leaders and public health officials should monitor indicators of community transmission (Table 1) and review trends over time. In communities that have rapid or persistent rises in COVID-19 incidence or severe healthcare capacity burden, school leaders may decide to temporarily close schools to in -person instruction until levels of community transmission stabilize. Providing options for teachers and school staff At all levels of community transmission, employers should provide reassignment, remote work, or other options for teachers and staff who have documented high -risk conditions that place them at increased risk for severe illness from COVID-19 to limit the risk of workplace exposure. When these conditions are disabilities under the Americans with Disabilities Act, employers should ensure compliance with law and may need to consider providing reasonable accommodation subject to undue hardship. Options for reassignment may include but are not limited to telework, virtual teaching opportunities, modified job responsibilities, environmental modifications, scheduling flexibility, or temporary reassignment to different job responsibilities. These options should likewise be extended to teachers and staff who have a household member who is at increased risk for severe illness from COVID-19. Policies and procedures addressing issues related to teachers and staff at higher risk of serious illness and the application of reassignment, remote work, or other options for prevention should be made in consultation with occupational medicine and human resource professionals with knowledge of the specific situation, keeping in mind Equal Employment Opportunity (EEO) and other potential legal concerns. Schools should work with local counsel to ensure compliance. New COVID-19 variants and prevention in schools Multiple SARS-CoV-2 variants are circulating globally. These include several variants that have been detected in the United States. Some of these variants seem to spread more easily and quickly than other variants, which could lead to more cases of COVID-19. Rigorous implementation of prevention strategies is essential to control the spread of variants of SARS-CoV-2. CDC, in collaboration with other public health agencies, is monitoring the situation closely and studying these variants quickly to learn more to control their spread. As more information becomes available, prevention strategies and school guidance may need to be adjusted to new evidence on risk of transmission and effectiveness of prevention in variants that are circulating in the community. Health equity considerations in phased prevention Viral testing strategies in partnership with schools should be part of a comprehensive prevention approach. Testing should not be used alone, but in combination with other prevention to reduce risk of transmission in schools. When schools implement testing combined with prevention strategies, they can detect new cases to prevent outbreaks, reduce the risk of further transmission, and protect students, teachers, and staff from COVID-19. Diagnostic Testing At all levels of community transmission, schools should offer referrals to diagnostic testing to any student, teacher, or staff member who is exhibiting symptoms of COVID-19 at school. Diagnostic testing for SARS-CoV-2 is intended to identify occurrence of SARS-CoV-2 infection at the individual level and is performed when there is a reason to suspect that an individual may be infected, such as having symptoms or suspected recent exposure. Examples of diagnostic testing strategies include testing symptomatic teachers, students, and staff who develop symptoms in school, and testing asymptomatic individuals who were exposed to someone with a confirmed or suspected case of COVID-19. Additional considerations for diagnostic testing: • Schools should advise students, teachers, and staff to stay home if they are sick or if they have been exposed to SARS- CoV-2. Schools can encourage these individuals to talk to their healthcare provider about getting a COVID-19 test. • If a student, teacher, or staff member becomes sick at school or reports a new COVID-19 diagnosis, schools should follow the steps of the COVID-19 Diagnosis flowchart on what to do next. This includes notifying a student's parent or guardian and initiating testing strategies. Notifications must be accessible for all students, parents, or guardians, including those with disabilities or limited English proficiency (for example, through use of interpreters or translated materials). • In some schools, school -based healthcare professionals (for example, school nurses) may perform SARS-CoV-2 antigen testing in school -based health centers if they are trained in specimen collection, conducting the test per manufacturer's instructions, and obtain a Clinical Laboratory Improvement Amendments (CLIA) certificate of waiver CIJ . Some school - based healthcare professionals may also be able to perform specimen collection to send to a lab for testing, if trained in specimen collection, without a CLIA certificate. It is important that school -based healthcare professionals have access to, and training on the proper use of personal protective equipment (PPE). • Not every school or school -based healthcare professional will have the staff, resources, or training to conduct testing. Public health officials should work with schools to help link students and their families, teachers, and staff to other opportunities for testing in their community. Testing could be offered by referral to community -based testing sites, through collaboration with local public health, or through a centralized test location offered by the school district. The presence of any of the symptoms below generally suggests a student, teacher, or staff member has an infectious illness and should not attend school, regardless of whether the illness is COVID-19. For students, staff, and teachers with chronic conditions, symptom presence should represent a change from their typical health status to warrant exclusion from school. Occurrence of any of the symptoms below while a student, teacher, or staff member is at school suggests the person may be referred for diagnostic testing. • Temperature Cl of 100.4 degrees Fahrenheit or higher • Sore throat If a COVID-19 diagnosis is confirmed, schools can support public health officials in determining which close contacts and other potentially exposed persons in the school setting could be tested and either isolated or quarantined (see Table 3). Schools can assist by providing information, where appropriate, to identify close contacts (for example, class rosters, seating charts, and information to facilitate outreach to contacts). Table 3. Tiered approach of diagnostic testing for SARS-CoV-21,2 Students, teachers, and staff with symptoms COVID-19 Refer for diagnostic testing Close contacts Refer for diagnostic testing Students, teachers, or staff with symptoms of COVID-19 at school, at all levels of community of transmission. • Individuals with positive test results should go to their home and isolate until they have met criteria for release from isolation. • People with symptoms should be isolated away from others as soon as symptoms appear and sent home. Those with positive test results should remain in isolation until they have met all three criteria for release: 10 days have passed since symptom onset; at least 24 hours have passed since resolution of fever without medication; and other symptoms have improved. CDC does not recommend that people be tested again before leaving isolation because people who have recovered can test positive for several weeks without being contagious. If an individual with symptoms tests negative, they should still stay home until their symptoms resolve to avoid spreading any SARS- CoV-2 or other infection. Students, teachers, or staff who had contact with someone diagnosed with COVID-19, defined as someone who has been within 6 feet of an infected person for a cumulative total of 15 minutes or more over a 24-hour period. The definition of a close contact applies regardless of whether either person was wearing a mask. The definition also applies in schools that use less than 6 feet between students in classrooms. Families of close contacts should be notified and referred for testing immediately. • Regardless of the test result, close contacts should quarantine for 14 days. Based on local circumstances and resources, options to shorten quarantine provide acceptable alternatives of a 10-day quarantine or a 7-day quarantine combined with testing. • To minimize impact of quarantines on delivery of instruction, schools should limit the potential for exposures across cohorts and classrooms (for example, teachers should limit close contacts with other teachers and with students not in their own classrooms). • People who are fully vaccinated or were previously diagnosed with COVID-19 within the last three months may not need to quarantine. 'The tiers above are intended to be applied across all levels of community transmission: low (blue), moderate (yellow), substantial (orange), and high (red). 2 information should be provided with appropriate safeguards to protect personally identifiable information and HIPPA- 1 cl.{ucJl UILUI l ICI ILOLlu11 11 u111 a Icll I ICOIu I101 c 1.l1 uV IUCI lu MUM -PLC a IC LO1C 011U lyl./c VI a IC J1Uucl IL J 111v31 1 CLCI Il LV V IV- I J test. Guidance on testing strategies for people who are fully vaccinated will be updated as more information becomes available. As vaccine supply increases and more teachers and staff receive vaccine, CDC's priorities for SARS-CoV-2 testing will change and the guidance will be updated. Screening Testing Some schools may also elect to use screening testing as a strategy to identify cases and prevent secondary transmission. Screening testing involves using SARS-CoV-2 viral tests (diagnostic tests used for screening purposes) intended to identify occurrence at the individual level even if there is no reason to suspect infection—i.e., there is no known exposure and no symptoms. This includes, but is not limited to, screening testing of asymptomatic people without known exposure with the intent of making decisions based on the test results. Screening testing is intended to identify infected people without symptoms (or before development of symptoms) who may be contagious so that measures can be taken to prevent further transmission. The intent is to use the screening testing results to determine who may return to in -person school or work and the protective measures that will be taken, and to identify and isolate positive persons to prevent spread. Screening testing is particularly valuable in areas with moderate, substantial, and high levels of community transmission. Screening testing for K-12 schools may allow schools to move between different testing strategies as community prevalence (and therefore risk assessment) changes. Screening testing could provide added protection for schools that use less than 6 feet of physical distancing between students in classrooms. For schools that implement it, screening testing should be offered at moderate (yellow), substantial (orange), and high (red) levels of community transmission, to students, teachers, and staff, and at low (blue) levels to teachers and staff. Achieving substantial reduction in transmission with testing requires more frequent testing and shorter lags between test administration and reporting of results. Schools may consider using pooled testing as a screening testing strategy for students. Pooled testing involves mixing several samples from different individuals together in a "batch" or pooled sample, then testing the pooled sample with a diagnostic test. This approach increases the number of individuals that can be tested and reduces the need for testing resources. This approach may be particularly helpful in schools using cohorts. Because of the complexities of acting on a positive result, pooled testing is best used in situations where the number of positives is expected to be very low. Cohorts could be established in grade groups, such as all students in a particular grade or in similar grades (for example, K-grade 2; grades 3- 5). If a confirmed positive case is found, close contacts of anyone in that cohort should be quarantined and tested. Table 4. Testing Recommendations by Level of Community Transmission Testing Recommendations: All Schools Diagnostic testing': Symptomatic students, teachers, and staff and close contacts referred for diagnostic testing Screening Testing for teachers and staff: expanded screening testing' of teachers and staff offered at least once per week Testing Recommendations by Level of Community Transmission Low Transmission' Moderate Transmission Substantial Transmission High Transmission 'Screening testing is intended to identify infected asymptomatic individuals who may be contagious so that measures can be taken to prevent further transmission. 3Levels of community transmission defined as total new cases per 100,000 persons in the past 7 days (low, 0-9; moderate, 10- 49; substantial, 50-99; high, >_100) and percentage of positive tests in the past 7 days (low, <5%; moderate, 5-7.9%; substantial, 8-9.9%; high, >_10%). 4Schools may consider testing a random sample of at least 10% of students or may conduct pooled testing of cohorts/pods for screening testing in areas of moderate and substantial community transmission. 'Schools may consider using screening testing for student athletes and adults (e.g., coaches, teacher advisors) who support these activities to facilitate safe participation and reduce risk of transmission. For an example risk stratification for sports, see https://ncaaorg.s3.amazonaws.com/ssi/COVID/SSI_ResocializationDevelopingStandardsSecondEdition.pdf ■ [I . When combined with prevention measures, such as mask use, physical distancing, and others, testing protocols might be an effective tool in reducing transmission. Screening testing can be administered directly at a school facility (see Feasibility considerations section below), at a central location through the school district, or through referral to community -based testing providers. • Moderate (yellow), substantial (orange), and high (red) community transmission: Students, teachers, and staff participate in regular screening testing to reduce the risk of transmission within the school. Teachers and staff participate in routine screening testing at least once per week. In areas with substantial and high community transmission, twice a week screening testing might be preferable to quickly detect cases among teachers and staff. Students in elementary, middle, and high schools participate in routine screening testing at least once per week. If a confirmed positive case is found, any close contacts are quarantined and tested. Schools might consider testing a random sample of at least 10% of students. For example, a school might randomly select 20% of the students each week for testing out of the entire population of students attending in -person instruction. Alternatively, a school might select one cohort for each grade level each week for testing. Different strategies for random selection can be used based on most adequate fit for a school screening testing strategy. • Screening testing for sports: To facilitate safe participation in sports and reduce transmission in activities that have elevated risk, schools may consider requiring screening testing for participation. Schools can implement testing among student athletes/participants, coaches, and trainers, and any other individuals (such as parent volunteers) who could come into close contact with others during these activities. Sports events, competitions, and activities could include universal screening testing the day of the event or one day before. Low and intermediate risk sports3 include those that can be conducted outdoors, or indoors with masks. Testing at least once per week is recommended for these sports. High -risk sports3 include those that cannot be done outdoors or with masks. Testing twice per week in areas of low, moderate, and substantial community transmission is recommended for participation in these sports. High -risk Taking into consideration the potential for limited availability of supplies for screening testing or feasibility of implementing screening testing, schools should consider a prioritization strategy. • Schools and public health officials might consider prioritizing teachers and staff over students given the increased risk of severe illness among certain adults. • In selecting among students, schools and public health officials might prioritize high school students, then middle school students, and then elementary school students, reflecting higher infection rates among adolescents compared to younger children. Reporting test results Every COVID-19 testing site is required to report to the appropriate state or local health officials all diagnostic and screening tests performed. Schools that use antigen testing must apply for and receive a Clinical Laboratory Improvement Amendments (CLIA) L. certificate of waiver, and report test results to state or local public health departments as mandated by the Coronavirus Aid, Relief, and Economic Security (CARES) Act (P.L. 116-136). Parents should be asked to report positive cases to schools to facilitate contact tracing and ensure communication and planning in schools. In addition, school administrators should notify staff, teachers, families, and emergency contacts or legal guardians immediately of any case of COVID-19 while maintaining confidentiality in accordance with the Health Insurance Portability and Accountability Act of 1996 (HIPAA El ), the Americans with Disabilities Act (ADA G ), and the Family Educational Rights and Privacy Act (FERPA ■ El ), and other applicable laws and regulations. Notifications must be accessible for all students, teachers, and staff, including those with disabilities or limited English proficiency (for example, through use of interpreters or translated materials). Health equity considerations in school -based testing Public health officials and school administrators should consider placing a higher priority for access to testing in schools that serve populations experiencing a disproportionate burden of COVID-19 cases or severe disease. These might include: • Schools in communities that have experienced disproportionately high rates of COVID-19 cases relative to population size, which may include communities with moderate or large proportions of racial and ethnic groups, such as American Indian/Alaska Native, Black, and Hispanic persons. • Schools in geographic areas with limited access to testing due to distance or lack of availability of testing25. Ethical considerations for school -based testing Testing should not be conducted without informed consent from the individual being tested (if an adult) or the individual's parent or guardian (if a minor). Informed consent requires disclosure, understanding, and free choice and is necessary for teachers and staff (who are employees of a school) and students' families to act independently and make choices according to their values, goals, and preferences. Differences in position and authority (i.e., workplace hierarchies), as well as employment and educational status, can affect an individual's ability to make free decisions. CDC provides guidance and information • Use of tests that are authorized by FDA for the specific intended use (i.e., screening, pooling), and a mechanism in place for prescriptions/test orders by a licensed healthcare provider. • CLIA certificate of waiver requirements to perform school -based testing with Emergency Use Agreement -authorized tests. • A mechanism to report all testing results (both positive and negative) as required by the state or local health department. • Ways to obtain parental consent for minor students and assent/consent for the students themselves. • Physical space to conduct testing safely and privately. • Ability to maintain confidentiality of results and protect student and staff privacy. • Plans for ensuring access to confirmatory testing when needed through the state or local health department for symptomatic persons who receive a negative test result and asymptomatic persons who receive a positive test result. If these elements are not in place, schools may consider a referral -based testing strategy in collaboration with public health officials. Schools should work with local public health officials to decide whether and how to use testing. K-12 schools operated by the federal government (for example, for Department of Defense Education Activity [DoDEA], which operates K-12 schools for DoD Dependents) should collaborate with federal health officials. In addition to state and local laws, school administrators should follow guidance from the Equal Employment Opportunity Commission [l , and applicable federal laws when offering testing to faculty, staff, and students who are employed by the K-12 school. Feasibility considerations and challenges of school -based testing These challenges must be considered carefully and addressed as part of plans for school -based testing developed in collaboration with public health officials. • In some schools, school -based healthcare professionals (for example, school nurses) can perform COVID-19 viral testing if the school or test site receives a Clinical Laboratory Improvement Amendments (CLIA) certificate of waiver [i . Some school -based healthcare professionals might also be able to perform specimen collection to send to a lab for testing, if trained in specimen collection, without a CLIA certificate. It is important that school -based health care professionals have access to, and training on the proper use of personal protective equipment (PPE). Facilities should be aware of the FDA EUA El for antigen tests El and the Center for Medicare & Medicaid (CMS's) enforcement discretion • Cl regarding the CLIA L3 certificate of waiver when using tests in asymptomatic individuals. • Not every school system will have the staff, resources, or training (including the CLIA certificate of waiver) to conduct testing. Public health officials should work with schools to help link students and their families, teachers, and staff to other opportunities for testing in their community. • School -based testing might require a high degree of coordination and information exchange among health departments, schools, and families. • There might also be legal and regulatory factors to consider with onsite school -based testing regarding who will .remake rhn tame ,.,I,,, ,.,ill ,r rn. ,irre. 1-4,n term h.,,., mere ,.,ill F,e r.oi.d few ,nrl hr,,., rnr„Irr ,,,ill ka rnnnrre.d Corh Teachers and staff hold jobs critical to the continued functioning of society and are at potential occupational risk of exposure to SARS- CoV-2. Vaccinating teachers and staff is one layer of prevention and protection for teachers and staff. Strategies that minimize barriers to access vaccination for teachers and other frontline essential workers, such as vaccine clinics at or close to the place of work, are optimal. To address this important public health priority, the Health and Human Services Secretary issued a Secretarial Directive ■ Cl on March 2, 2021, that directs all COVID-19 vaccination providers administering vaccine purchased by the US government to make vaccines available to those who work in K-12 schools. This means that in addition to existing state and local COVID-19 vaccination sites, teachers and staff in schools across the nation can sign up for an appointment at more than 9,000 pharmacy locations participating in the Federal Retail Pharmacy Program for COVID-19 Vaccination. Vaccine Toolkits for Schools and Childcare Settings 444 1.i - VACCINE 2 New CDC resources are available to provide information about this directive: • The COVID-19 Vaccines for Teachers, School Staff, and Childcare Workers web page provides school and childcare staff with the latest information about where and how to book an appointment. • The COVID-19 Vaccine Toolkit for School Settings and Childcare Programs provides schools and childcare programs with ready-made materials they can use to communicate with staff about COVID-19 vaccination. School officials and health departments can work together to also support messaging and outreach about vaccination for members of school communities. School communication platforms can facilitate outreach to encourage vaccination of household members of school -age children as they become eligible. This should include outreach in a language that limited English proficient family members of students can understand and in alternate formats as needed to facilitate effective communication for individuals with disabilities. Implementation of layered prevention strategies will need to continue until we better understand potential transmission among people who received a COVID-19 vaccine and there is more vaccination coverage in the community. In addition, vaccines are not yet approved for use in children under 16 years old. For these reasons, even after teachers and staff are vaccinated, schools need to continue prevention measures for the foreseeable future, including requiring masks in schools and physical distancing. Definitions • School staff in this document refers to any school employees, contractors, or independent consultants interacting with students or teachers during the course of the school day, including, for example, school administration, bus drivers, school nutrition professionals, school nurses, speech/occupational therapists, custodians, and other school employees. Previous Updates Updates from Previous Content As of February 26, 2021 • Link added to resource summarizing how to use CDC building ventilation recommendations in schools and child care programs As of February 24, 2021 • Broken hyperlinks fixed in guidance Last Updated Apr. 23, 2021 Schools and Child Care Programs Public Health Reminder • CDC's Guidance for Operating Child Care Programs during COVID-19 (https://www.cdc.gov/coronavirus/2019-ncov/community/schools- childcare/guidance-for-childcare.html) Updated — March 12, 2021 • July 6, 2020: FDOE Order No. 2020-EO-06 — Reopening K-12 Schools (http://www.fldoe.org/core/fileparse.php/19861 /urlt/DOE-2020-EO-06.pdf) • Approved k-12 District Reopening Plans (http://www.fldoe.org/em- response/) (Please scroll down page) • Guidance for Organized Youth Activities (https://floridahealthcovidl 9.gov/wp-content/uploads/2020/05/FL-Summer- Camp-Guidance-FAQs-5-21-20.pdf) Florida Schools, Colleges and Universities The Florida Department of Education (FDOE) (http://www.fldoe.org/em- response/index.stml) is working closely with the Florida Department of Health and the Centers for Disease Control and Prevention (CDC) to monitor COVID-19 and is actively working to ensure that the most up-to- date CDC guidance is quickly and accurately disseminated. • FDOE COVID-19 Newsroom (http://www.fldoe.org/em- response/index.stml#nr) • Contact Information (http://www.fldoe.org/em- response/index.stml#ci) • Postsecondary Institutions (http://www.fldoe.org/em- response/colleges.stml) • Office of Early Learning (http://www.fldoe.org/core/fileparse.php/19861 /urlt/oelfirstresponc hiIdcare.pdf) Florida Child Care Programs Florida Department of Children and Families • Guidelines for Child Care Services .(https://www.myflfamilies.com/covid19/child-care.shtml) • COVID-19 FAQ's for Parents and Guardians (https://www.myflfamilies.com/service-programs/child-care/covid- 19-fags-parents.shtml) Florida Department of Health • Florida's Child Care Food Program (CCFP) intends to use all available program flexibilities and contingencies offered by United States Department of Agriculture (USDA) to serve program participants. • During an unexpected school closure, schools can leverage their participation in one of USDA's summer meal programs to provide meals at no cost to students. Under normal circumstances, those meals must be served in a group setting. • However, in a public health emergency, the law allows USDA the authority to waive the group setting meal requirement, which is vital during a social distancing situation. CCFP is working with USDA to issue waivers to ease program operations and protect the health of participants. • Find participating CCFP providers in your area. .(https://fdoh.maps.arcgis.com/apes/webappviewer/index.html? id=4132a2df17c249ada6d560c758986a4f) Things Schools and Child Care Programs Should Do Now At All Times • Post the signs and symptoms .(https://floridahealthcovid19.gov/exposure/) of COVID-19: fever, cough, shortness of breath. • Encourage people to stay home when sick. • Clean surfaces that are frequently touched — things such as shared desks, countertops, kitchen areas, electronics, and doorknobs. • Limit events and meetings that require close contact. • Stay up to date on developments in your community. • Create an emergency plan for possible outbreak. • Assess if community members are at higher risk and plan accordingly. During an Outbreak in your Area • Send home or separate anyone who becomes sick. • If you identify a case, inform people who might have been exposed. • Continue to safely clean and disinfect the person's area. • Connect with your local health departments. • Cancel large meetings or events. • Put your infectious disease outbreak plan into action. Specific Guidance for Schools and Child Care Programs • Physical distancing (separation of all employees and students by at least 6 feet) and assign seats within classrooms. Repurpose unused or underutilized school spaces to increase classroom space and facilitate social distancing. • Make hand cleaning suppliesreadily available. • Encourage students and staff to stay home if sick. • Monitor absenteeism. • Plan for digital and distance learning. • Be prepared to temporarily dismiss or close schools and cancel events. O Short-term dismissals for cleaning and contact tracing if you have a case: O Longer dismissals if you have substantial spread in your area. • Plan ways to continue student services such as school meal programs if schools close. : • Stagger staffing or schedules to reduce in -person interaction. • Work with your local health department for guidance on closures and reopenings. Resources See more information about schools and child care programs (https://www.cdc.gov/coronavirus/2019-ncov/community/schools- childcare/guidance-for-schools.html) — CDC See more information about responding to COVID-19 in schools (K- 12) (http://www.floridahealth.govprograms-and-services/childrens- health/school-health/ documents/responding-to-covidl9-in-schools- k-12.pdf). _ FDOH Frequently asked questions (ELQs), regarding K-12 Schools and COVID-19 (http://www.floridahealth.gov/programs-and- services/childrens-health/school-health/-documents/faq-regarding- k-12-schools-and-covidl 9.pdf) — FDOH. How do I prevent and prepare for COVID- 19? ((prevention) How does the virus spread? What do Idoifl think I was exposed to COVID- 19? (/exposure) .(/treatment) What do I do if I'm sick? Are there disinfectants available that can inactivate (kill) COVID-1 9? How long can COVID-1 9 survive in the environment? Where can I get more information about COVID-1 9? AIM ..1111..o HEALTH (http://www.floridahealth.giavi) Public Services ((public -services) Resources (/resources) Cases https://fdoh.maps.arcgis.com/a ps/opsdashboard/index.html#/8d0de33f260d444c852a615dc7837c86). News (//news). FAQs ( frequently -asked -questions) Privacy Policy (http://www.floridahealth.ggyffirivacy-policy.html). Contact us 1 (866) 779-6121 (te1:1 (866) 779-612111COVID-19@flhealth.gov (mailto:COVID-19@flhealth.gov) .f.(https://111.0vt DocuSign Envelope ID: AC5C17D0-856B-42E3-A1D9-572BODD5EEOA Exhibit "C" UNANIMOUS WRITTEN CONSENT OF THE BOARD OF DIRECTORS OF AMIGOS TOGETHER FOR KIDS, INC. As ofJune 18 ,2021 The undersigned, constituting all of the members of the Board of Directors ("Directors") of Amigos Together For Kids, Inc., a Florida not forprofit corporation doing business as Amigos For Kids (the "Corporation"), do hereby adopt the following resolutions by written consent in lieu of a meeting of the Directors pursuant to F.S. 617.0821: 1. APPROVAL OF PROGRAMMING AGREEMENT WITH CITY OF MIAMI. WHEREAS, pursuant to City of Miami Commission Resolution No. R-17-0153, adopted on March 23, 2017, the City of Miami (the "City") has approved the Corporation to provide after - school instruction and program management, family events, cultural, and recreational activities at the Park (including the Programming, as defined below) in accordance with the terms and subject to the conditions set forth in the Programming Agreement (as defined below); WHEREAS, the Corporation desires to enter into that certain Programming Agreement with the City substantially in the form attached hereto as Exhibit A (the "Programming Agreement") pursuant to which the Corporation would provide Programming (as defined therein) at Jose Marti Park, located at 351 S.W. 4th Avenue, Miami, Florida 33144 (the "Park"); and WHEREAS, there is a continuing pandemic from the novel coronavirus ("COVID-19 pandemic") that is adversely impacting the community, City services, and the Programming for both virtual school and regular school and the ability of the Corporation to conduct such Programming for both virtual school and regular school as would normally be occurring at the Park, but the community has requested the City and the Corporation to undertake the Programming for many public purpose reasons. NOW, THEREFORE, BE IT: RESOLVED, that the entering into of, and the performance of the covenants and agreements contained in, the Programming Agreement by the Corporation are hereby approved in all respects; and be it further RESOLVED, that the Directors, in their capacity as such and on behalf of the Corporation, hereby request the City to allow the Corporation to conduct the Programming at the Park commencing as soon as possible, in accordance with the terms and conditions and requirements of the Programming Agreement and the information and guidelines provided by the City to the Corporation in the City's email of March 2, 2021 attached and incorporated as Exhibit B hereto from the U.S. Centers Disease Control, American Camping Association, State of Florida ("State"), Miami -Dade County, and the City (collectively, "COVID-19 Information and Pandemic Guidelines") for undertaking such community Programming; DocuSign Envelope ID: AC5C17D0-856B-42E3-A1 D9-572BODD5EEOA RESOLVED, that the Directors, on behalf of and for the Corporation and its staff, hereby: (1) acknowledge receipt of the COVID-19 Pandemic Information and Guidelines and have reviewed the COVID-19 Pandemic Information and Guidelines and such other information as the Directors deemed pertinent in connection with the actions contemplated hereunder; (2) have reviewed the City Program Partners Release/Waiver Agreement Form attached and incorporated as Exhibit C hereto, required by the City to be completed by the parent/legal guardian of each child for attendance at and participation in the Programming to be operated by the Corporation at the Park; (3) have reviewed the COVID-19 Attachment attached and incorporated as Exhibit D hereto and forming part of the Programming Agreement, which is required by the City for the Corporation to use, undertake and conduct its Programming, including reviewing the release/waiver of liability of the City, its employees, officials, agents, representatives, and volunteers as set forth in Section 6 of the COVID- 19 Attachment; (4) voluntarily and independently have reviewed the risks inherent in allowing the Corporation and its employees, officials, agents, representatives and volunteers to participate in the Programming, and the related risks to their respective children and households, in order for Corporation to use, undertake, and conduct the Programming at the Park during this time of the COVID-19 pandemic; (5) have reiterated to the City the request to allow the Corporation to use, undertake and conduct the Programming at the Park during the continuing COVID-19 pandemic; and (6) hereby authorize its Executive Director, Karina Pavone, to execute and to undertake all responsibilities of the Corporation under and pursuant to the Programming Agreement, including the COVID-19 Attachment and to take all other actions necessary and proper relating to the Programming Agreement; and be it further RESOLVED, that all of the foregoing uses, undertakings, and conducting of the Programming by the Corporation are in accordance with the mission, articles, and by-laws of the Corporation as a not -for -profit corporation, which is in good standing under the laws of the State of Florida. 2. MISCELLANEOUS. RESOLVED, that each Director hereby waives any notice of meeting or other formality that may be otherwise necessary to give effect to these resolutions; and be it further RESOLVED, that the officers of the Corporation, be, and they each hereby are, authorized to take such further action or actions as they, acting alone, may deem necessary or appropriate in their discretion to give effect to the foregoing resolutions; and be it further RESOLVED, that this written consent may be executed in multiple counterparts (including by facsimile signature or by other electronic means, as such as portable document format (.pdf) file, each of which when executed and delivered shall be deemed to be an original and all of which shall be considered one and the same written consent. [Signature Page Follows] DocuSign Envelope ID: AC5C17D0-856B-42E3-A1D9-572BODD5EEOA IN WITNESS WHEREOF, the undersigned Directors have adopted, approved and ratified the foregoing resolutions by unanimous written consent as of the date first set forth above. (Ark (Aiguyis l E1i�VL I.,11.nr ZAS PEDRO CAPO YA1VJJ LANILVA I1I—I-- INGRID HOFFMAN MIGUEL LARREA uU N 1 A v u 1vIEMBIELA JOSE V. MORALES I?acouii- pu4d, ROBERT PEN AFIEL FRANCISCO PONCE jost, triatAA. JOSE TRIANA C4 N. V 1111(ln 11E 1' . V rLASCO LISSETTE CALDERON (,viSft1 a4tVir CRISTY CLAVIJO-KISH MAGGIE FRESEN-ZULIJETA q skL (t vVa Y Vn15L' L A. liiARRA UfbV1a Bain, Pt -ha Nladaant VICTORIA MADANI M.ar't t,l, kou,in.ar MARCEL MONNAR EL1LJ 1 YL+ LKV aA ibirlt, Q. Plasu&cia J UKUE A. YLASEN CIA QLt,,atnlvr Su -iirb ALEA NUE1KU II ll.VLL` V L-tI i i Att.itiod P(,ast Atia MICHAEL PLASENCIA F,XHIBIT A PROGRAMMING AGREEMENT [ATTACHED] EXHIBIT B COVID-19 INFORMATION AND PANDEMIC GUIDELINES [ATTACHED] y',XHIBIT C CITY PROGRAM PARTNERS RELEASE/WAIVER AGREEMENT FORM [ATTACHED] )EXHIBIT D COVID-19 ATTACHMENT [ATTACHED] Exhibit "D" City Program Partners Release/Waiver Agreement Form See attached. Programming Partners Youth Homework Assistance Services for Amigos Together for Kids , a Florida not -for -profit organization ("Programming Partner"), located at Jose Marti Park Park, Miami, Florida , beginning March 8th,2021 and approximately ending June 9th, 2021. PARENT/LEGAL GUARDIAN FOR MINOR CHILD'S/CHILDREN'S PARTICIPATION AGREEMENT, GENERAL ACKNOWLEDGMENT OF RISKS, AND WAIVER/RELEASE OF LIABILITY RELATED TO THE NOVEL CORONAVIRUS/COVID 19 AND GENERAL CITY OF MIAMI PARK PROGRAMMING PARTNERS YOUTH HOMEWORK ASSISTANCE SERVICES (COLLECTIVELY, "AGREEMENT")* NOTICE TO THE MINOR CHILD'S/CHILDREN'S NATURAL GUARDIAN/PARENT OR LEGAL GUARDIAN: PLEASE READ THIS AGREEMENT COMPLETELY AND CAREFULLY BEFORE SIGNING. THIS AGREEMENT IS INTENDED TO BE A LEGAL DOCUMENT AND WHEN SIGNED HAS LEGAL CONSEQUENCES FOR THE SIGNER, MINOR CHILD/CHILDREN IDENTIFIED BELOW, AND HOUSEHOLD MEMBERS.YOU ARE AGREEING TO LET YOUR MINOR CHILD/CHILDREN ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY(IES). YOU ARE AGREEING THAT, EVEN IF PROGRAMMING PARTNER ON BEHALF OF THE CITY OF MIAMI, FLORIDA ("CITY"), AND THEIR RESPECTIVE EMPLOYEES, AGENTS, OFFICIALS, REPRESENTATIVES, AND VOLUNTEERS USE REASONABLE CARE IN PROVIDING THIS/THESE ACTIVITY(IES), THERE IS A CHANCE YOUR CHILD/CHILDREN MAY DEVELOP SERIOUS ILLNESS OR NOVEL CORONAVIRUS ("COVID-19") COMPLICATIONS, AND/OR BECOME SERIOUSLY INJURED, PERMANENTLY DISABLED, OR KILLED BY PARTICIPATING IN THIS/THESE ACTIVITY(IES) BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITY(IES) WHICH CANNOT BE AVOIDED OR ELIMINATED. BY SIGNING THIS AGREEMENT YOU ARE GIVING UP YOUR CHILD'S/CHILDREN'S RIGHT(S) AND YOUR RIGHT TO RECOVER FROM PROGRAMMING PARTNER, THE CITY, AND THEIR Page 1 of 5 Parent/Legal Guardian Initials: * This document has been translated from English into various languages and each shall have the same force and effect and be binding on the parties. However, if there is any conflict between the English version and the translated version, the English version shall prevail. RESPECTIVE EMPLOYEES, AGENTS, OFFICIALS, REPRESENTATIVES, AND VOLUNTEERS IN A LAWSUIT FOR ANY ILLNESS, COVID-19 COMPLICATIONS, PERSONAL INJURY, INCLUDING DEATH OR PERMANENT DISABILITY, TO YOURSELF AND/OR YOUR CHILD/CHILDREN, AND OTHER HOUSEHOLD MEMBERS, OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE ACTIVITY(IES). YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS AGREEMENT, AND PROGRAMMING PARTNER, THE CITY, AND THEIR RESPECTIVE EMPLOYEES, AGENTS, OFFICIALS, REPRESENTATIVES, AND VOLUNTEERS HAS/HAVE THE RIGHT TO REFUSE TO LET YOUR CHILD/CHILDREN PARTICIPATE IN SUCH ACTIVITY(IES) IF YOU DO NOT SIGN THIS AGREEMENT AND PROVIDE ALL REQUIRED INFORMTION BELOW. Coronavirus/COVID-19 Alert and General City Programming Partner Youth Homework Assistance Program: The novel coronavirus ("COVID-19"), has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and, according to the Centers for Disease Control and Prevention ("CDC"), is believed to spread mainly through close contact from person -to -person. As a result, federal, State of Florida ("State"), and local governments and federal and State health agencies recommend physical distancing and have, in many locations, prohibited the congregation of groups and people. The CDC has stated that "the best way to prevent illness is to avoid being exposed to this virus." Additional information on the CDC's guidelines related to COVID-19 may be found at: https://www.cdc.gov/coronavirus/2019-ncov/index.html The City of Miami, a municipal corporation of the State of Florida ("City") has established and implemented precautionary and preventative measures to reduce the spread of COVID-19 pursuant to CDC and Florida Department of Health ("FDOH") recommendations; however, the City cannot and does not guarantee that you, your child/children, your household members, or any other person(s), will not become infected with COVID-19. Further, attending City sponsored activities, parks, recreation areas, facilities, programs, services, such as pools programs, tutoring, homework assistance (whether virtual or regular), mentoring, and other educational, cultural, and recreational programs at Jose Marti Park undertaken by Amigos Together for Kids, Inc., a Florida not -for -profit corporation ("Programming Partner") on behalf of the City (collectively, "City Program Partners Youth Homework Assistance Program") could increase your risk, and/or your child or children's risk(s), and/or your household members risks of contracting COVID-19. Parent/Legal Guardian Representations and Certifications to the City and to the Programming Partner By signing this Agreement, I, the undersigned, hereby affirmatively represent and certify to the City that (1) I am at least 18 years old and I am the parent or legal guardian of all children that are accompanying me on City property; (2) I am a City resident, (3) I am aware that the novel coronavirus ("COVID-19"), has been declared a Page 2 of 5 Parent/Legal Guardian Initials: worldwide pandemic by the World Health Organization, (4) I am aware that COVID-19 positive cases have occurred within the City, (5) I acknowledge that respective City and Programming Partner employees, officials, agents, representatives, and volunteers come into contact with multiple individuals, and might become exposed to COVID- 19, and (6) I am aware of the contagious nature of COVID-19 and have voluntarily chosen to allow my child/children to participate at and in the City Programming Partner Youth Homework Assistance Program. I acknowledge that the circumstances regarding COVID-19 are changing from day to day and much information regarding COVID-19 is still unknown. As parent or legal guardian for all children that are accompanying me on City property, I fully understand and accept both the known and potential dangers of utilizing the City Programming Partner Youth Homework Assistance Program, and acknowledge that my presence at, the presence by any of my household members at, and/or the use by or presence of my child/children at any City Programming Partner Youth Homework Assistance Program, despite the City's reasonable efforts to mitigate such dangers, may result in exposure to COVID-19, which could result in quarantine requirements, serious illness, COVID-19 related complications, disability, and/or death. Additionally, I acknowledge, understand, and agree that the City and the Programming Partner WILL NOT PROVIDE masks for my child/children and I will be solely responsible for providing my child/children with a mask daily for each child. I understand that the City and Programming Partner WILL NOT ALLOW me to sign my child/children into the City Programming Partner Youth Homework Assistance Program each morning unless my child/each of my children is wearing a mask. To ensure the safety of all respective City and Programming Partner employees, officials, agents, representatives, and volunteers and City Programming Partner Youth Homework Assistance Program participants, I hereby authorize the Programming Partner each morning to take the temperature of my child/children before I leave the City's property. I understand that, pursuant to the CDC guidelines and City's 2020 Camp COVID-19 Procedures, if my child's/any of my children's temperature(s) is 100.00° Fahrenheit or above, or show(s) other signs of illness, my child/children will not be permitted to participate in the City Programming Partner Youth Homework Assistance Program that day, and I agree to immediately pick up my child/children from the Programming Partner's care and custody. I further agree that my child/children shall not return to the City Programming Partner Youth Homework Assistance Program until each of his/her/their temperatures) is below 100.00° Fahrenheit without the aid of medication for at least twenty-four (24) hours. By signing this Agreement, on my behalf and on behalf of my children, my household members, and any personal representatives, assigns, heirs, and next of kin, I HEREBY FOREVER RELEASE, WAIVE LIABILITY BY, COVENANT NOT TO SUE, DISCHARGE, AND AGREE FOREVER TO INDEMNIFY, DEFEND, AND HOLD HARMLESS the City, Programming Partner, and their respective employees, agents, officials, representatives, and volunteers against any and all claims, losses, damages, costs, or expenses associated with COVID-19 arising out of, or in connection with any City Programming Partner Youth Homework Assistance Program. I also acknowledge, understand, and agree that this Agreement includes any claims based on the actions, omissions or negligence of the City, Programming Partner, and their respective employees, agents, officials, representatives, or volunteers whether a COVID-19 infection occurs before, during or after participation in any City and/or Programming Partner program. I agree to comply with all CDC, FDOH, and City guidelines to reduce the contraction and/or transmission of COVID- 19 by myself and/or my children and/or other members of my household. By signing this Agreement, I am representing that neither I nor my children nor other members of my household are experiencing any symptoms of COVID-19 including, but not limited to, fever or chills, cough, shortness of breath or difficulty breathing, fatigue, muscle or body aches, headache, new loss of taste or smell, sore throat, congestion or runny nose, nausea or vomiting, diarrhea, any other flu -like illness, or skin lesions. I further represent that, as of the date of signing this Agreement, neither I nor my child/children nor any other member of my household are currently diagnosed with COVID-19 or have tested positive for COVID-19. Finally, I represent that as of the date of signing of this Agreement and to the best of my knowledge (1) that I and/or my children and/or all other members of my household have not Page 3 of 5 Parent/Legal Guardian Initials: been in close contact with any individual who has tested positive for COVID-19 in the last fourteen (14) days; and (2) that neither my child/children, nor any member of my household, nor I have traveled outside of the United Sates in the last fourteen (14) days. FURTHERMORE, I HEREBY VOLUNTARILY ACCEPT SOLE RESPONSIBILITY FOR any personal injury, any and all related COVID-19 illnesses or complications, any and all other illnesses or complications not related to COVID-19, any permanent disability, or the death of my child or children, all of my household members, or myself, including, but not limited to, personal injury, disability, death, illness, damage, loss, claim, liability, or expense of any kind, that I or my child or children, or my household members, personal representatives, heirs, assigns, or next of kin may experience or incur in connection with my child or children's attendance at City Programming Partner Youth Homework Assistance Program, my presence at any City property, and/or the presence of any of my other household members at any City property. On my behalf and on behalf of my child or children, my household members, personal representatives, heirs, assigns, and next of kin, I HEREBY FOREVER RELEASE, COVENANT NOT TO SUE, DISCHARGE, WAIVE LIABILITY BY, AND AGREE FOREVER TO DEFEND, HOLD HARMLESS, AND INDEMNIFY the City, Programming Partner, and their respective employees, agents, officials, representatives, and volunteers, of and from any and all claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto regarding any participation in City Programming Partner Youth Homework Assistance Program by myself, my child/children, and other members of my household. I understand and agree that this release and waiver includes any claims based on the actions, omissions, or negligence of the City, Programming Partner, their respective employees, agents, officials, representatives, and/or volunteers, involving City Programming Partner Youth Homework Assistance Program whether related directly or indirectly to a COVID-19 infection or to any other incident not involving COVID-19, any of which occurs before, during, or after participation in any City Programming Partner Youth Homework Assistance Program. Additionally, I voluntarily agree that by signing this Agreement, I will assist the City, Programming Partner, and their respective employees, agents, officials, representatives, and/or volunteers with any required contact tracing and any quarantine of myself, my child/children, and my other household members that may be required in connection with COVID 19 infection before, during, or after participation in any City Programming Partner Youth Homework Assistance Program. I hereby certify that I have provided below (a) my correct and valid residence address and phone contact information, and (b) correct and valid information regarding my child/children. I acknowledge that I am voluntarily executing this Agreement and have not been pressured, forced, threatened, or coerced to execute this Agreement. I understand that I have a right to consult with an attorney before signing this Agreement and I have either consulted with an attorney or knowingly and voluntarily decided not to consult with an attorney. I am not under the influence of any drugs, alcohol, medication, any other narcotic or have any mental illness that might tend to affect my ability to knowingly sign this Agreement. By signing below, I represent that I have read and understand the terms of this Agreement. I expressly agree that this acknowledgement, release, and waiver in this Agreement is intended to be as broad and inclusive as is permitted by the laws of the State, and if any portion hereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. First and Last Name(s) and Ages of Each Participating Minor Child/Children: (1) , (2) (3) Signature of Parent/Legal Guardian: Date and Time: Page 4 of 5 Parent/Legal Guardian Initials: Print First and Last Name of Parent/Legal Guardian and Relationship to Minor Child/Children: Print City Address of Parent/Legal Guardian: Print Phone Contact Number of Parent/Legal Guardian ACKNOWLEDGED BY PROGRAMMING PARTNER REPRESENTATIVE: Signature of Programming Partner Representative: Date and Time: Print Name of Programming Partner Representative: COMPLETED FORM RECEIVED BY CITY PARKS DEPARTMENT REPRESENTATIVE: Signature of City Parks Department Representative: Date and Time: Print Name of City Parks Department Representative: {Remainder of Page Intentionally Left Blank} Page 5 of 5 Parent/Legal Guardian Initials: a3-t RU