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EDUSOURCE, INC. - PROGRAM SERVICES FOR SUMMER PROGRAMA CONTRACT AWARD SHEET INSTRCUTIONAL GUIDE TO ASSIST YOU WITH THE INFORMATION CONTACINED HEREIN IS AVAILABLE IN THE PURCHASING SECTION OF OUR WEBPAGE AT: www.hialeahfl.gov CITY OF HIALEAH CONTRACT AWARD PURCHASING DEPARTMENT CITY OF HIALEAH CONTRACT: PROGRAM SERVICES TO STUDENTS IN THE SUMMER PROGRAM DESCRIPTION: THE CHILDREN'S TRUST CONTRACT #2214-2760 CONTRACT PERIOD: 6/21/2022-08/05/2022 SECTION #1 – VENDOR AWARD Name: EDUSOURCE, INC. Name: Contact: IZIDOR LAREA Contact: Phone: Phone: Fax: Fax: E-mail:E-mail: Name: Name: Contact: Contact: Phone: Phone: Fax: Fax: E-mail:E-mail: SECTION #2 – AWARD/BACKGROUND INFORMATION/APPLICABLE ORDINANCES/NOTES CITY COUNCIL APPROVED ON: 6/14/2022, ITEM K AMENDED AMOUNT: RESOLUTION NO: 2022-075 INSURANCE REQUIREMENTS: ANNUAL CONTRACT AMOUNT: $16,830.00 PERFORMANCE BOND: APPLICABLE ORDINANCES: Notes: SECTION #3 – REQUESTING DEPARTMENT CITY OF HIALEAH, DEPARTMENT OF EDUCATION & COMMUNITY SERVICES Contract Administrator: SHARON DZIEDZIC Phone: SECTION #4 – PROCURING AGENCY CITY OF HIALEAH, DEPARTMENT OF EDUCATION & COMMUNITY SERVICES Contract Administrator: SHARON DZIEDZIC Phone: Prepared by: MARILIN GUTIERREZ HEM#_ \h .JUN \ 4 2022 RECEIVED 1JUN 01 2022 RECEIVED JUN 0 1 2022 COUNCIL AGENDA IT OFFICE OF GEMENT & BUDGET This form, letter from the department head addressed to the Mayor and City Council, as well as supporting documents are due the Monday of the week prior to the City Council Meeting. ·--·--·-· - Date of Request: 5/31/22 Requesting City Department: Education and Community Services Requested Council Meeting Date: June 14, 2022 Action Requested from the ~Issue a purchase order City Council: [] Increase a purchase order 0 Award a bid i I Bid No. LJ Reject a bid IJ Bid No. 0 Special Events Permit 1-i Street Closure [j Other: Scope of service(s) or Scope of Services product(s): Vendor: Edusource In c., Doing Busin ess as Ceram ics on Whe els Expenditure Amount: $16,830.00 ----------·----- Funding Source (i.e., account funding th e expe nditure ): The Children's Trust gra nt-Budget with lin e item attach e d- 116 .3 120.569 .340 Purchasing Process: 11 Competitive Bidding U An exception to competitive bidding applies: f-;{' Professional services in the nature of consultants, accountants and attorneys [J Sole source provider 0 Emergency based on object facts D Credit facilities ! I Competitive bidding is not required because the City is utilizing a bid that has been awarded or under contract by state, county or other governmental agencies. I I Title of state, county or other governmental agencies contract: 0 Piggy-back contract expiration date:.~~~~~~~~~~~~~~~ 0 Waive Competitive Bidding fJ Reason(s) it is not advantageous to the City to utilize competitive bidding: Signatures: ~j\/'y \1 Department Head Esteban Bovo, Jr. Mayor Carl Zogby Council President Monica Perez Co uncil Vice-President Ma y 31, 2022 Honorable Ma yor Esteban Bovo, Jr . and City Council Members C ity or Hialeah 501 Palm Avenue Hialeah , FL 330 I 0 Dear Mayor and City Council Members: City of Hialeah Council Members Bryan Calvo Vivian Casals-Munoz Jacqueline Garcia-Roves Luis Rodriguez ,Jesus Tunclidor The Charter of the C ity of Hialeah states that contracts in amounts greater than $15 ,000 s hall be awarded on the basis of specifications and formal sea led bids. The Co un c il may award a contract to t he lowe s t responsible bidd e r: or it may reject all bids and re -adverti se; or it may waive competitive bidding when it finds thi s to be in the best interest of the C it y. Respectfully requesting to open a Purchase Order and enter into a Profes s ional Services Agreement for the Creative Learning and Play program funded by The Children's Trust for FY 2021-2022 for (professional services are exempt from competitive biddin g) with Edusource Inc , though th e ir Ceramics on Wheels Art Program., an active corporation in good standing in the State of Florida , for a term commencing June 2 1, 2022 throu g h August 5, 2022 for enrichment services that will focus on hand s on crafting le ssons that allow for participating children to express th emse lve s individuall y thro ugh colors, design , by utili zi ng various art tec hniques to the Crea tive Learning & Play Program Summer Cam p. This subcontractor was chosen ba sed on their ability to res pond and work within the framework of the program und e r contract If 22 14-2760 that was approved in the council me eting held on August 24, 202 1, Item P, re so lution 2021-108 . This corporation ha s presented the scope of work and wi II in g nes s to provide contractual services und er the terms set forth. Therefore, respectfully request that the co unci I authorize the Mayor an d/o r hi s designee to waive co mp et itiv e bidding and to negot iate professional serv ices and purchase s related to thi s project and to approve the attached resolution a nd sub contrac t in s ub stan ti a l form . The following amount has been budgeted for this requ est below and the account number where f'unds have been allocated are as fol lows: The Creative Learning and Play A fterschool and Summer Camp funded by The Chi ldren's Trust for FY 2021-2022 in th e amount of$16 ,830.00 from account# 116.31 20.569.340. Respectfully , <""'" /\ 0 \/'-../\. j / Sharon Dziedz ic, Ed ucati o n S up e rvi so r I Education and Community Services Department ~ISA PPRO V ED ~/DISAPPROV E D 50 I Palm i\ venue. Hial ea h. Florida · 330 I 0-4 719 V J'I J:;JrJ! i uf C CJl~CJlJ__;\'l'l CJl f ~ De partment of S ta te I Division o r Cor12oratio ns I Search Records I Search by Entity Name I Detail by Entity Name Florida Profit Corporation EDUSOURCE, INC. Filing Information Document Number FEl/EIN Number Date Filed State Status PrinciP-al Address P06000104173 20-5354164 08/10/2006 FL ACTIVE 7280 SIENNA RIDGE DRIVE LAUDERHILL, FL 33319 Mailing Address 7280 SIENNA RIDGE DRIVE LAUDERHILL, FL 33319 Registered Agent Name & Address SPENCE, MAXINE T 7280 SIENNA RIDGE DRIVE LAUDERHILL, FL 333 19 Officer/Director Detail Name & Address Title P SPENCE, MAXINE T 7280 SIENNA RIDGE DRIVE LAUDERHILL , FL 33319 Title VP S pe nce, Omarley 7280 SIENNA RIDGE DR LAUDERHILL, FL 333 19 Annual ReRorts Report Year 2020 Filed Date 0 612612020 DIV I S I O N OF CORPORAT I O NS 2021 2022 Document Images 04/27/2021 04/24/2022 04/24 /2 022 ·-ANNUAL REPORT View image in PDF forma t ~~~~~~~~~~~~~-' 04/27/202 1 ··ANNUAL REPORT View image in PDF formal ~~~~~~~~~~~~~-' 06/26/2020 ··ANNUAL REPORT View image in PDF format ~~~~~~~~~~~~~-' 04/29/2019 -ANNUAL REPORT View imag e in PDF formal ~~~~~~~~~~~~~-' 04/29/2018 .. ANNUAL REPORT View image in PDF formal !)4/28/201 7 ·• ANNUAL REPORT View image in PDF format ~~~~~~~~~~~~~-' 04 /29/2016 ··ANNUAL REPORT View image in PDF formal ~~~~~~~~~~~~~-' 04/13/2015 ··ANNUAL REPORT V iew Image In PDF fo rmat ~~~~--~~~~~~~~-' 04/20/2014 ··ANNUAL REPORT Vi ew image in PDF formal ~~~~~~~~~~~~~-' 04/26/2013 .. ANNUAi REPORT View image in PDF formal ~~~~~~~~~~~~~-' 04/28/2012 ·· ANNUAi.. REPORT View image in PDF formal 04 /29/2011 ··ANNUAL REPORT View image in PDF formal ~~~~~~~~~~~~~-' 04/25/2010 .. ANNUAL REPORT Vi ew image in PDF form al ~~~~~~~~~~~~~-' 04/16/2009 -·ANNUAL REPORT View image in PDF formal 04/27/2008 ·-ANNUAL REPORT View image in PDF format 08/10/2007 ·-ANNUAL REPORT View image in PDF fo rmat 08/10/2006 --Domes tic Profit View image in PDF formal Account# Account Name Orig CSC Budget Amend CSC Budget Orig Prog Budget Amend Prog Budget 791 Professional Services (other) Original Budget Calculation: 5106,080.00 5120,990.00 5106,080.00 5106,080.00 (8· 15· 1s· 36·0.85>+18· 15· 30·10·0.8S> +12000+8400 Original Budget Narratives: "School year: •Inclusion Aides: 8 staff x 515 per hour x 15 hours per week x 36 weeks x 85% attrition= sSS.080 Summer: •Inclusion Aides: 8 staff x SIS per hour x 30 hours per week x 10 weeks x 85% attrition =530.600 Enrichment Activities: Afterschool: Nexplore Games One class per week for six weeks at 5200 each class for 10 sites= 512000 Summer: Nexplore Zumba One class per week for seven weeks at 5200 each class for 6 sites= 8400 58,400 Budget Amendment Narratives: Approval Date: 04/09/2022 Approval Date: C5/23/2022 Inclusion Aides: · Remove 2 inclusion aides to have a total of 6 for afterschool 2 staff x 15 per hour x 15 hours per week x 13.6 weeks = 6,120 This change is effective l/24f22 - At the mome:"!t we only need 6 inclusion aides to meet ratios. -Increase to 40 hours per week to 4 summer inclusion aides (the other 4 will stay with the same hours) 4 staff x 15 per hour x 10 hours per week x 7 weeks= 4.200 Tota! changes 1n inclusion aide budget: -6.120 + 4200 = (1920) Enrichment Activities: Adding an additional summer enrichment activity calculated as: 5475 per class x 6 sites x 5 weeks (one class per site, per week) = 514,250 Cerami:::s on Wheels (summer enrichment acti'vity) pricing as follow: s: 7 .SC oer child x 225 children x. 4 wee.ks = S !5. 750 545 oerciass set :;p and delivery fee: $45 x 4 \."Jeeks x 6 sites = s 1.080 Tota!: 15, 750 -f-1,080 = 516.830 Currently budgeted 514.250, therefore the difference of 52,580 was added. Account# Account Name Orig CSC Budget Amend CSC Budget Orig Prog Budget Amend Prog Budget 821 Other (background screening) Original Budget Calculation: 13.68•13 5178.00 5568.00 5178.00 Sl 78.00 Original Budget Narratives: Level II backgrour.d screening at 513.68 ;ier background check x 13 ~ew staff. replacement staff. or screening updates for current staff= 5178 Budget Amendment Narratives: Account# 831 Approval Date: 04/09/2022 Other (admission to field trips) Original Budget Calculation: 9·8.53·22s Original Budget Narratlves: Add background screenir.g for 6 employees at 565 each= 5390 Account Name Summer fieldtrips calculated at 9 fieldtrips x 58.53 average cost per trip x 225 participants= Sl 7273 Budget Amendment Narratives: Approval Date: 04/09/2022 Adjusted to reflect estimated field trip needs tor summer 7 fteldtrips x 515 (average) per fteldtrip x 225 kids 523625 0 rig CSC Budget 517,273.00 Amend CSC Budget 524.674.00 Out of the original budget. there was Sl.049 used during Summer of 2021 (August I· August 20th) Orig Prog Budget Amend Prog Budget 517,273.00 517.273.00 116 Children's Trust Fund Fisca l Year: 2022 Tria l Ba la nce - Account Percent A ppropri a t ed Expend e d E ncum b e i'ed Ba.lance Last Da t e Tota l for (I ) Perso nn el Expenses 730,694.fl/J 73 0 ,694.00 300,074.67 0.00 4 30,61 9.33 116.3120.5693 10 0 % 11.1111 P ROF ESSIONA L SERVICES 0.00 0.00 0 .00 0 .00 1 16.3120.5693 11 ()% 0.110 PRO FESSIONAL SERVIC ES 0 .00 0 .00 0 .00 0.00 I 16.3 120.5693 14 ()% 0.00 P ROFESSIONAL SERV ICES 0.00 0 .00 0.00 0.00 I 16 .3 120.569340 29 % l l!S.738.00 CONTRACTUA L SERV ICES 128,738 .00 37,246.39 51,5 17.50 39,974 . 11 5/27/2022 I 16 .3 120.56934 1 ()% II.Oii CONTRACTUA L SERVI CES 0 .00 0 .00 0 .00 0 .00 I 16.3 120.569344 () % 0.00 C ONTRACTUAL SERVI CES 0.00 0 .00 0 .00 0 .00 I 16.3 120.569420 ()% 0.110 FRE IG HT & POSTAGE 0 .00 0 .00 0 .00 0 .00 11 6.3 120.5694 5 1 ()% 11.110 IN S U RAN C E -G ENERAL LI ABILITY 0.00 0 .00 0 .00 0 .00 11 6.3 120.569467 ()% (J.I)() RE PAI R & MAINT -INFRAST R UCT URE 0 .00 0 .00 0 .00 0.00 I 16 .3 12 0 .56948 1 ()% 0.011 OTHER CHARGES -ED UCATI O N 0 .00 0 .00 0.00 0.00 I 16 .3 12 0 .569484 () % l!.110 Oth e r Ch a rges -Ed uc atio n 0.00 0 .00 0 .00 0 .00 11 6 .3 120.569490 24 % 1.175.00 TRAINING & E DU CATION 1.2 75 .00 303.00 0.00 972 .00 5/2 0/2 0 22 11 6 .3 12 0 .56949 1 () % 1/.(111 TRAINI NG & E DUCATIO N 0 .00 0 .00 0 .00 0 .00 116.3 12 0 .569493 () % 11.00 LIC ENSE S & P ERMITS 0 .00 0 .00 0 .00 0 .00 1 16.3 12 0 .569494 ()% 0.110 BAD DEBT 0 .00 0 .00 0 .00 0.00 116 .3 120 .569499 ()% IJ.OIJ MISCE LLAN EOUS EXP E NSE 0 .00 0 .00 0 .00 0 .00 I 16 .3 120.569520 ()% ().f)() OPERATIN G S UPPLI ES 0 .00 0.00 0 .00 0 .00 I 16.3 12 0 .569524 ()% 11.0li OPERATIN G SUPPLIES 0.00 0 .00 0 .00 0 .00 I 16.3 120 .56983 0 () % /J .011 PROGRAM EXPE NS ES 0 .00 0 .00 0 .00 0.00 I 16 .3 120 .56983 1 35 % 3 7.8 06.lil! PROGRAM EXPENSES 37,806.00 I 3, 186.78 5.844.00 I 8 .775 .22 5/26/2022 I 16 .3 12 0 .5 69834 ()% IJ.00 PROGRAM E XP E NSES 0 .00 0 .00 0 .00 0 .00 11 6 C hi ldrcn's Trus t Fun d 1:-,. n r.1 n.fi es Print..:cl: 513 I /2022 !'age: 4 Memorandum of Understanding This Memorandum of Understanding, with the attached scope of services, is to describe a partnership between Ceramic on Wheels USA and City of Hialeah Education & Community Services Department, hereinafter referred to as "Partners" for the purpose of providing services to the afterschool program in selected sites funded by The Children's Trust under Contract # 2214-2760-year 4. It is understood by the Partners that should the proposal be funded and a grant contract is issued to City of Hialeah Education & Community Services Department by the State of Florida Department of Education, that a memorandum of understanding and scope of services will be agreed upon by Ceramic on Wheels USA and City of Hialeah Education & Community Services Department and will include the same terms as negotiated in the contract with The Children's Trust. As a contractor, and not an employee, Ceramic on Wheels USA is not covered by the City's employee workman's compensation policy for any on the job injury. It is understood that the contractor must carry their own insurance coverage for any injury sustained while under this contracted work. As a contractor for the Creative Learning and Play program, it is understood that compliance will be met with all of the requirements of the City of Hialeah as well as the funding agency, including, but not limited to submitting to a level-2 background check every 5 years, complying with the City's Hold Harmless Agreement, complying with the City's Good Moral Character Affidavit, maintaining requirements of the State of Florida's Department of Children and Families as regards to child-care workers, and maintaining the requirement of the State of Florida's Jessica Lunsford Act. Contractors will also need to comply with section 448 .09S(e) of the Florida Statutes requires all public employers, contractors and subcontractors, including The Children's Trust providers, to use the E-Verify system to establish the authorization of new employees, including all new subcontractors and professional services consultants, to work in this country. Contractors will provide on a timely basis any needed documents to meet the terms of contract #2214-2760 between the City and the Children's Trust. The City of Hialeah will retain all children's records and record confidentiality will be maintained by all parties. If The Children's Trust does not fund said proposal, or if The Children's Trust funds the proposal in a reduced amount, or changes the terms of an executed contract with the City of Hialeah, a new Memorandum of Understanding and scope of services will be negotiated · between the Partners each budget year. Maxine Spence Ceramic on Wheels USA Authorized Signature Sharon Dziedzic, Education Supervisor I Education & Community Services Department Authorized Signature Date Ceramic on Wheels USA -Scope of Services for Creative Learning & Play Afterschool Contract # 2214-2760-year 4 City of Hialeah Education and Community Services Department Summer Camp Services Through their Art Program, Ceramic on Wheels USA will provide to the City of Hialeah's Education & Community Services Creative Learning & Play (CL&P) Summer Camp program, a creative program that uses Hands on Crafts, that allows children to be able to express themselves individually through colors, design, and various techniques. Ceramic on Wheels USA gives the opportunity to children to experience and discover self-expression and choices to create their very own personalized art projects without the influence or fear. Ceramic on Wheels USA provides individualized prepared boxes that include all materials for the projects each class. Frequency of services • Services will be scheduled as: One (1) visit a week, One (1) group a week, for Four (4) weeks duration at each site, all of which are contingent based on capacity and need to serve program participants. • Serving 6 sites contingent on final number of sites granted for funding. • Each group will consist of a maximum of 25-45 students at $17.50 per child. o Babcock-30, Walker-45, Goodlet-45, Sparks-30, Wilde-30, and Slade-45 • Summer Semester will run June 2022-August 2022 • Travel Fee-$1,080.00 ($45 per visit x 6 Sites X 4 weeks) • Babcock -6/22/2022, 7 /6/2022, 7 /20/2022, 8/1/2022 • Walker-6/22/2022, 7 /6/2022, 7 /20/2022, 8/1/2022 • Goodlet-6/21/2022, 7 /5/2022, 7 /21/2022, 8/3/2022 • Sparks-6/21/2022, 7 /5/2022, 7 /21/2022, 8/3/2022 • Wilde-6/24/2022, 7 /8/2022, 7 /22/2022, 8/5/2022 • Slade-6/24/2022, 7 /8/2022, 7 /22/2022, 8/5/2022 Program cost: Not to exceed $16,830.00 Maxine Spence Ceramic on Wheels USA Authorized Signature Date Sharon Dziedzic, Education Supervisor I Education & Community Services Department Authorized Signature Date Children's Trust Fund unt ,20.569340 ITRACTUAL SERVICES Percent Total for (2) Operating Expenses ital expenses 3120 (Fund 116) 2:C -Education & Cornmnunit -· -., •. I Total Expenses for Fund 116 5 116 Children's Trust Fund Ap~ro riated 128,738.00 128,738.00 128,738.00 128,738.00 128,738.00 128,738.00 IT 1]28,738.00 U8,738.00 Fiscal Year: 2022 E~ended 37,696.39 37,696.39 37,696.39 ' 37,696.39 Fund Totals $128,738.00 $37,696.39 Revenue/Expenses Balance: $37,696.39 11 6 Childre n's T rust Fund Expenses !Encumbered Balance 51,067 .50 39,974.11 5/31 /2022 51,067.50 39,974.11 51,067.50 39,974.11 -51,067.50 35),974.11 E~enses $51,067.50 $39,974.11 39 ·974· 11 "1· ) l)) ) . - 23, 144· ll '* Pr inted : 6/1/2022 Page: 2 RESOLUTION NO. --- RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF HIALEAH, FLORIDA, APPROVING A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF HIALEAH AND EDUSOURCE, INC. TO PROVIDE CERAMIC CLASSES TO THE PARTICIPANTS OF THE CREATIVE LEARNING & PLAY (CL&P) SUMMER CAMP PROGRAM FUNDED BY THE CHILDREN'S TRUST FOR YEAR 2021-2022 , FOR A TERM COMMENCING ON JUNE 21, 2022 AND ENDING ON AUGUST 5, 2022, IN AN AMO UNT NOT TO EXCEED $16,830.00; AND AUTHORIZING THE MAYOR AND THE CITY CLERK, AS ATTESTING WITNESS , ON BEHALF OF THE CITY, TO EXECUTE THE PROFESSIONAL SERVICES AGREEMENT ATTACHED HERETO IN SUBSTANTIAL FORM, AND MADE A PART HEREOF AS EXHIBIT "1 "; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Hialeah is continuously searching for new ways to support, expand and improve its e ducational programs a nd services to the community ; WHEREAS, pursuant to Hialeah, Fla., Resolution 2021-108 (August 24, 2021), the City Council authorized the Mayor to accept a grant from the Children's Trust to fund the Creative Learning & Play (CL&P) summer school programs in the amount of $375 ,000.00, for one year commencing on August 1, 2021 and ending on July 3 1, 2022; WHEREAS, the City having investigated the qualifications of Edusource, Inc. (hereafter referred as to "Provider") to perform all the work necessary to fully carry out the scope of services contemplated in the Professional Services Agreement, found the Provider to be qualified and competent; and WHEREAS , the City agrees to enter into this Professional Services Agreement with the Provider and the Provider agrees to accept the engagement under the terms and conditions included in the Professional Services Agreement attached hereto in substantial form , and made a p art hereof as Exhibit "l ". NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF HIALEAH, FLORIDA, THAT: Section 1: The fore going facts and recitations contained in the preamble to this resolution a re hereby incorporated and adopted by reference as if fully set fort h h ere in. Section 2: The C ity of Hialeah, Florida hereby approves a Professional Services A greement between the C ity of Hialeah and Edusource, Inc. to provide ceram ic classes to the RESOLUTION NO. ----- Page No. 2 participants of the Creative Leaming & Play (CL&P) Summer Camp Program funded by The Children's Trust, for a term commencing on June 21, 2022 and ending on August 5, 2022 , in an amount not to exceed $16,830.00, and authorizes the Mayor and the City Clerk, as attesting witness, on behalf of the City, to execute the Professional Services Agreement attached hereto in substantial form, and made a part hereof as Exhibit" 1 ". The City Council hereby approves, adopts and ratifies all prior actions , approvals, payments and other actions whatsoever taken by the Mayor, or his designee, on behalf of the City in the performance of this Agreement. Section 3: This resolution shall become effective when approved by majority vote of the City Council and signed by the Mayor or at the next regularly scheduled City Council meeting, ifthe Mayor's signature is withheld or if the City Council overrides the Mayor's veto. PASSED AND ADOPTED this __ day of ________ , 2022. Carl Zogby Council President Attest: Approved on this __ day of ________ , 2022. Marbelys Fatjo , City Clerk Mayor Esteban Bovo , Jr. Approved a PROFESSIONAL SERVICES AGREEMENT BETWEEN EDUSOURCE, LLC AND THE CITY OF HIALEAH This Agreement entered into this __ day of , 2021 by and between the City of Hialeah, a municipal corporation organized and existing under and by virtue of the laws of the State of Florida ("City"), 501 Palm A venue , Hialeah, Florida 33010 and Edusource, Inc ., a Florida Profit Corporation ("Provider"), having its principal place of business at 7280 Sienna Ridge Drive, Lauderhill , Florida 33319, by and through its duly authorized undersigned agent. WHEREAS, pursuant to Hialeah, Fla., Resolution 2021-108 (August 24, 2021), the City Council authorized the Mayor to accept a grant from The Children's Trust to fund after-school and summer programs in the amount of $375,000.00, for one year commencing on August 1, 2021 and ending on July 31 , 2022; WHEREAS, the City, having investigated the qualifications of the Provider to perform all the work necessary to fully carry out the scope of services herein contemplated, found the Provider to be qualified and competent; and WHEREAS, the City agrees to enter into this Agreement with the Provider, and the Provider agrees to accept the engagement under the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the mutual covenants and obligations herein contained, and subject to the terms and conditions her einafter stated, intending to be legally bound, the parti es hereto agree as follows: I. SCOPE OF SERVICES In consideration of the fee to be paid to the Provider by the City, Provider shall provide the work and services described in the Memorandum of Understanding attached hereto and incorporated herein as Exhibit "A" ("Services "). T h e Provider agrees to undertake, perform and complete all necessary work, functions and activities, including providing all materials , supplies , or labor, that may be necessary or reasonably inferred from this Agreement, at Provider's sole cost and expense, to pro v ide the contemplated Services , whether or not the work, functi on, activity , material, supply or labor is specifically id entifi ed and required in this A greem ent. II. TERM The Provider agrees to provide the Services within a term commencing on June 2 1, 2 02 2 and ending on August 5, 2022 ("Term"). This A greem ent will be in effect during the Term indi cated above. All services, work and activities as described in Exhibit "A" sha ll be undertaken , performed and completed within the Term provided herein and prior to the ex piration of this Agreement. T he City reserves the right to ex tend the commencement d ate of the services provided . Professional Services Agreement-Edusource USA, LLC Page 2 III. COMPENSATION AND TERMS OF PAYMENT A. City shall pay the Provider compensation for all services in an amount not to exceed $16,830.00, during the Term of this Agreement as set forth in Exhibit "A". B. The Provider must invoice the City for the classes instructed. The invoice shall be paid within 30 days from the date of receipt and only upon verification by the City of satisfactory completion of the classes invoiced. The Provider must obtain prior written approval of the City prior to performing services that are outside the Services or contrary to the terms of this Agreement. The City will only pay Provider for classes instructed at the agreed upon rate, regardless of the reason for the change in number of classes and without consideration as to fault. C. Provider must obtain prior written approval from the City prior to performing services that are outside the Services in this Agreement. The City shall not pay for any cost or expense not otherwise expressly contemplated herein, including but not limited to travel expenses. D. Compensation is contingent upon funding from The Children's Trust and to the extent that the City does not receive sufficient funding to pay for future services not yet rendered during the term of this Agreement, the City is entitled to cancel this Agreement based on lack of or insufficient funding at no further cost or expense to the City. IV. INDEPENDENT CONTRACTOR The Provider, its employees, agents or representatives , shall be deemed to be independent contractors and not agents or employees of the City. The City shall have no obligation to pay or provide for Provider's employees , agents , representatives , or subcontractors. Provider's employees, agents, representatives, or subcontractors shall not attain any right or benefit under the civil service or pension ordinances of the City, or any right or benefit ge nerally afforded classified or unclassified employees of the City, such as pension benefits, worker 's compensation, health insurance, unemployment benefits, or any other right or privilege granted to the City's officers and employees. V. OWNERSHIP OF DOCUMENTS A. All documents developed by the Provider under this Agreement shall be delivered to City by the Provider upon completion of the services required pursuant to paragraph II hereof and shall become the property of City, without restriction or limitation of its use. City assumes the risk of reuse of all documents developed by the Provider upon delivery after completion of services. T h e Provider agrees that a ll documents maintained and generated her eto shall be subj ect to the app licabl e provisions of the Public Records Law, Ch apter 119 , F lorida Statutes . B. It is further understood by and between the parties that any information, writings , tapes , m aps , contract docum ents , reports or any other matter whatsoever which is giv en by C ity by the Provider pursuant to this Agreement sh a ll at a ll times remain the property of the City and Professional Services Agreement-Edusource USA, LLC Page 3 shall not be used by the Provider for any other purposes whatsoever without the written consent of the City. Notwithstanding the foregoing, the Provider may use such documents for promotional purposes or advertising. VI. NONDELEGABLE The Provider acknowledges that in entering upon this Agreement, the City has relied upon the Provider's professional background and experience, including any prior experience in providing these or other similar services to the City. As such, the duties and obligations undertaken by the Provider pursuant to this Agreement shall not be delegated or assigned to any person or entity, in whole or in part, unless the City and Florida Department of Education shall first consent in writing to the performance or assignment of such service or any part thereof by another person or entity. In any instance wherein the Provider desires to effect an assignment or delegate any right or responsibility of performance under this Agreement, Provider shall provide to the City all documents and information that the City may reasonably request to allow the City to evaluate whether the proposed assignee or delegate has the integrity , reliability, experience and capability in all respect to fully perform in good faith. Consent shall not be unreasonab ly withheld, and all subcontractors or assignees shall be governed by the terms and conditions of this Agreement. VIL AWARD OF AGREEMENT The Provider warrants that it has not employed or retained any person emplo yed by the City to solicit or secure this Agreement and that she has not offered to pay, paid, or agreed to pay any person employed by the City any fee, commission, percentage, brokerage fee , or gift of any kind contingent upon or resulting from the award of this Agreement. VIII. CONSTRUCTION OF AGREEMENT T his Agreement shall be construed and e nforced according to the laws of the State of Florida. Venue for any litigation, which may arise in connection with this Agreement, shall be in Miami-Da de Co unty, F lorida. The Provider agrees to be subject to th e jurisdiction (subject matter and in personam) of the courts in Miami-Dade County, Florida and amenabl e to process. IX. SUCCESSORS AND ASSIGNS This Agreement shall be binding upon the parties herei n, their heirs , executors , legal representatives, successors and assigns. X. INDEMNIFICATION Provider, for its e lf, its successors, assigns , executors , admini strators, and anyo ne e lse who might atte mpt to sue on its behal f , hereby waives, releases , holds harmless, ind emnifies, covenants not to sue, agrees to defend, and forever discharges the City of Hialeah, its officers, e lected or appointed, direc tors , employees , agents, attorneys, contractors and a ll other p e rsons , entities , organizations and corporations affi li ated therewith (all of whom constitute the "Re leased Professional Services Agreement-Edusource USA, LLC Page 4 Parties") from any and all kinds of claims , suits, causes of action, damages, losses , liabilities , costs or expenses, including court costs and attorney's fees at all level of proceedings (including appellate level), and any judgments, orders or decrees entered thereon or resulting therefrom, for any personal injury, loss of life, damage to property, or any other liability, loss, cost or expense of any kind (collectively "Claims "), arising out of, resulting from , (or relating to the Services to be provided pursuant to this Agreement or Provider's exercise of any right or discharge of any obligation pursuant to the terms of this Agreement), whether or not such claim, suit, cause of action, injury, damage , loss , liability, cost, expense, judgment, order, or decree was caused by, arose or resulted from the NEGLIGENT ACTS OR OMISSIONS of the Released Parties or was caused by, arose or resulted from any condition, (regardless of whether such condition was known or unknown, open, obvious, foreseeable or unforeseeable, hidden or not) on the property, facilities or equipment used in the performance of the Services. This Section shall survive the termination of this Agreement. Provider covenants and agrees that it will , at its own expense, defend any and all Claims against the Released Parties , which may be brought in connection or as a result of Provider's exercise of any right or discharged of any obligation including Provider 's use or occupation of the Premises pursuant to this Agreement. Provider will satisfy, pay and discharge any and all settlement agreements, judgments, orders or decrees that may be entered against the Released Parties in any such action or proceeding. Provider agrees, at Provider's expense, after written notice from the City, to defend any action against the C ity that falls within the scope of an indemnity provided in thi s Section, or the City, at the City's option, may elect instead to secure its own attorney to defend any such action and the reasonable costs and expenses of such attorney incurred in defending such action shall be payable by Provider. The parties agree that the provisions of this Section do not benefit any third party, and are not inte nded to benefit any person or entity that is not a party to this Agreement. Instead, the provisions of thi s Section are solely for the City's benefit. XI. LIMITATION OF LIABILITY T h e C ity 's total li ability to the Provider for any and all liabilities , claims, or damages arising out of or re lating to this Agreement, howsoever caused and regardl ess of the legal theory asserted , including breach of contract or warranty , tort, strict li ab ility, statutory li ability or otherwise, shall not in the aggregate , exceed the amount owed to the Provider by the City under this Agreement. In no event s hall the C ity be li able to the Provider for any punitive, exemplary, special, indirect, incidental , or consequential damages (including, but not limited to , lost profits, lost business opportuniti es , lo ss of use or equipment down time, and loss of or corruption of data) arising out of or relatin g to this Agreement, regardless of the legal theory under which suc h damages are so ught, and even of the parti es have been advis ed of the possibility of s uch damages or lo ss. Professional Services Agreement-Edusource USA, LLC Page 5 XII. INSURANCE A. Provider shall provide, pay for an maintain in force at all times during the term of this Agreement, such insurance, including Worker's Compensation Insurance, Employer's Liability Insurance, Comprehensive General Liability Insurance, Business Automobile Liability Insurance, in such amounts specified in Exhibit "B ". B. Such policy or policies shall be issued by the United States Treasury-approved companies authorized to do business in the State of Florida, and having agents upon whom service of process may be made in the State of Florida. Provider shall specifically protect the City by naming the City as additional insured under the Comprehensive General Liability Insurance Policy and shall not include an exception or exclude claims for assault and/or battery. C . Provider shall provide the City with a Certificate of Insurance or copy of all insurance policies required by this section. All endorsements and certificates shall state that the City shall be given 30 days ' notice prior to expiration or cancellation of the policy. XIII. CONFLICT OF INTEREST A. The Provider covenants that no person under her employ who presently exercises any functions or responsibilities on behalf of the City in connection with this Agreement has any personal financial interests, direct or indirect, with the Provider. The Provider further covenants that, in the performance of the Agreement, no person having such conflicting interest shall be employed. Any such interest on the part o f the Provider or her e mployees must be disclosed in writing to the City . B . The Provider is aware of the conflict of interest laws of the City, Hialeah Code C h 26, Art. I and II ; Code of Miami-Dade County, Florida, § 2-11. l et seq., and the State of Florida, Chapter 112 , Part III , F lorida Statutes and agree that it shall fully comply in all respects with the t erms of such laws. XIV. NOTICE All notices or other communications which shall or may be given pursuant to this A gr eem ent shall be in writing and shall be delivered by personal service, or by re g istered mail addressed to the other party at the address indicated h er e in or as the same may be c h anged fro m time to time. Such notice shall be deemed give n on the day in whic h it was persona ll y served; or if by mail, on the date of actual receipt. CITY Sharon Dziedzic, Director C ity of Hialeah Education and Community Services D e pt. 7400 West 24 Avenue, 2nd F loor Hialeah, F lorida 33016 Telephone: (30 5) 818-914 3 EDUSOURCE, LLC Iz idor Larea 403 NE 2 nd Avenue Hallandale Beach, Florida 33 009 Professional Services Agreement-Edusource USA, LLC Page 6 FAX: (305) 818-9841 XV. TERMINATION A. Termination without Cause: The City retains the right to terminate this Agreement upon 30 days written notice prior to the completion of the service required pursuant to Section I hereof without penalty to the City . In that event, notice of termination of this Agreement shall be in writing to the Provider who shall be paid for those services performed prior to the date of its receipt of the notice of termination. In no case, however, will City pay the Provider an amount in excess of the total sum provided by this Agreement. B. Termination for Cause: The City may terminate this Agreement for cause, which shall include but not be limited to the following: a. Provider's failure to comply and/or perform in accordance with this Agreement; or b. Provider's performance of this Agreement, for any reason, is rendered impossible or not feasible; or c. Provider's filing of a voluntary petition in bankruptcy or reorganization, or making any assignment for the benefit of creditors, or seeking any similar relief under any present or future statute, law or regulations relating to relief of debtors; or d. Provider is adjudicated bankrupt or has any involuntary petition in bankruptcy filed against it; e. If Provider causes or commits one or more of the foregoing acts or events that would give rise to termination for cause, then, after seven (7) days written notice provided to Provider by the City within which to cease and/or correct such deficiencies , and upon fai lure to do so after such written notice, this Agreement is hereby revoked and canceled without the need for other or further action by City. C. Default and Notice to Cure: Before the City terminates this Agreement pursuant to this Section, it shall give written notice to the Provider that a default exists which will , unless corrected, constitute an e vent of default. The notice shall inform the Provider that this A greement shall be terminated unless the default is cured within seven (7) cal endar days following the Provider's receipt of the notice. If a cure cannot re asonably b e effected within se ven (7) days despite the exercise of due diligence, the Provider may request an extension of the cure period in writing providing a detailed explanation why the cure cannot be completed within seven (7) day s. The request shall be delivered prior to the expiration of the cure period. If the Provider's request is re a sonab le, as determined by the City 's represe ntative or his/her desi gn ee, the time to cure the d efault shall b e extende d for such additional time as is r easonably necessary to effect a cure, provided that the Provider exercises continuous diligent efforts to cure the default during the extended cure period. If the Provider fails to cure the default within the cure period, or fai ls to exercise continuous dili gent efforts to cure the default, the City may terminate this A g reement. The te rmination shall take effect as of the date specified in the notice of default provided b y the Professional Services Agreement-Edusource USA, LLC Page 7 City. Upon termination, the City may cure the default at the expense of the Provider, and have recourse to every other right and remedy to which the City is entitled under this Agreement, at law, or in equity. D. Effect of Termination: It is hereby understood that any payment made to the Provider in accordance with this section shall be made only if the Provider is not in default under the terms of this Agreement. If the Provider is in default, then the C ity shall in no way be obligated to pay and shall not pay the Provider any sum. XVI. PUBLIC RECORDS The Provider shall comply with all applicable requirements contained in the Florida Public Records Law (C hapter 119 , F lorida Statutes), including but not limited to any applicable provisions in Section 119.0701 , Florida Statutes to the extent that the Provider and this Agreement are subject to the requirements in Section 119.0701, Florida Statutes, the Provider shall: a. Keep and maintain all records that ordinarily and necessarily would be required to be kept by the City in order to perform the services provided hereunder; b. 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 specified in Chapter 119, Florida Statutes, or other laws ; c. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclo sed, except as authorized by law; and d. Comply with all requirements for retaining public records and transfer, at no cost, to the City a ll records in the possession of the Provider at the expiration or termination of this Agreement, and destroy all public records that are confidential and exempt from public records disclosure requirements. IF THE PROVIDER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE PROVIDER'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CITY CLERK, THE CITY'S DESIGNATE D CUSTODIAN OF PUBLIC RECORDS, BY TELEPHONE AT 305-883-5816, BY EMAIL AT mrubio @hialeahfl.gov OR IN WRITING AT OFFICE OF THE CITY CLERK, 501 PALM AVENUE, 3RD FLOOR, HIALEAH, FL 33010. Notwithstanding the provisions of this Agreement regarding a reasonabl e cure period for a breach by PROVIDE R , any fai lure of Provider to comply with a request for public records within a reas onable time period or as otherwise required by F.S. 119.070 1 is breach of this contract. The City s hall exercise all remedi es availab le at law or equity. Professional Services Agreement-Edusource USA, LLC Page 8 XVII. NONDISCRIMINATION Provider represents and warrants to City that Prov ider does not and will not engage in unlawful discriminatory practices and that there shall be no unlawful discrimination in connection with Provider's performance under this Agreement on account of race. color, sex, reli gion, age, handicap . disability, marital status , national origin. a ncestry, familial status, or sexual orientation . Provider further covenants that no otherwise qualifi ed individual shall , solely by reason of his/her race , color, sex, religion, age. handicap . marital status. national origin , ancestry, familial status, or sexual orientation unlawfully be excluded from participation in , be denied services , or be subject to discrimination under any provision of this Agreement. XVIII. COMPLIANCE WITH AGREEMENT BETWEEN THE CITY AND THE CHILDREN'S TRUST GRANT The Provider agrees that as a subcontractor of the City who is the recipient of funding from the Children's Trust, the Provider shall comply with the applicable provisions of the grant agreement between the City and the Children's Trust including any laws, rules , regulations, policies, procedures, guidelines or documents incorporated or referenced in the grant agreement. XIX. STAFFING AND EMPLOYEE BACKGROUND SCREENING A. Appropriate staffing. The Provider represents that all people performing the services required under this Agreement possess the knowledge and skills, either by training, experience, education, or a combination thereof, to adequately and competently perform the duties , obligations, and services set forth in the Scope of Services (Exhibit "A") and to provide and perform such services to the satisfaction of the City. The Provider further represents that all persons delivering services required by this Agreement have complied with the requirements included in the grant agreement between the C ity and the Children 's T rust, and with all other applicable state and federal requirements, including, but not limite d to background screening requirements. The Provider certifies that all such individuals are qualified and approved for providing servic es herein. B. Employee backgro und screening. According to the grant agreement between the City and the C hildren 's Trust, only emplo yees, volunteers and subcontracted personnel with a sati sfactory leve l 2 background check through a screening agency may work in direct contact with children under the age of eighteen in compliance with sections 984.01(2)(a), 985.0 1(2)(a) and 39.001 of the F lorida Statutes . Background screenings must be completed through the Florida Department of Law Enforcement (FDLE), VECHS Program. However, satisfactory b ackground screening documentation will be accepted for those agencies that already conduct business with either the Department of Children and Families (DCF) or t he Department of Juvenile Justice (DJJ) or the Miami -D ade Public Schoo l System (MDPS). In addition, an Affidavit of Good Moral Ch aracter must be completed and notari z ed for each employee, volunteer and subcontracted personnel upon hiring. Professional Services Agreement-Edusource USA, LLC Page 9 XX. COOPERATION WITH FINANCIAL AUDIT AND REPORTING REQUIREMENTS If the Children 's Trust seeks to audit the activities of the City as the grant recipient, the Provider shall fully cooperate and provide all relevant financial documents to facilitate such audit conducted under the Office of Management and Budget Circular A-133, Audit of States, Local Government and Non-Profit Organizations and the Florida Single Audit Act. In addition, the Provider shall fully comply with reporting requirements as determined by the City during the term or this Agreement. XXL CONSENT OF PARTICIPANTS The Provider agrees and acknowledges that participants in the programs described in the Scope of Services will be requested to provide consent to allowing information relating to such participation to be disseminated and released to the Children's Trust, the funding source. XXII. ENTIRE AGREEMENT This Agreement and its attachments and exhibits constitute the sole and only agreement of the parties and accurately set forth the rights, duties, and obligations of each to the other. Any prior agreements , promises , negotiations , or representations not expressly set forth in this Agreement are of no force and effect. XXIII. AMENDMENT No amendments to this Agreement shall be binding on either party unless in writing and signed by both parties. XXIV. SOVEREIGN IMMUNITY Nothing in this Agreement shall be interpreted or construed to mean that the City waives its common law sovereign immunity or the limits of liability set forth in Section 768.28, Florida Statutes. XXV. E-VERIFY SYSTEM Provider shall not employ, contract, hire or retain any person who is not legally authorized under federal law to be employed in the United States, as set forth in 8 U.S.C. section 132a(h)(3), as interpreted by any applicable federal rule or regulation. Furthermore, Pro vider represents that it is registered to us e, us es, and shall continue to us e the E-V erify system, a n inte rnet-bas ed system operated by the United States D epartment of Homeland Security that allo ws participating emp loyers to e lectronically verify the emplo yment eli g ib ility of newl y hired employees , throu ghout the Term of this Agree m ent. Prov ide r also represents that it w ill require fr om all s ubcontractors providing labor, goo ds or services in connection with this Agreement a sworn statement attesting to subcontractor 's registration and use of the E -V erify system, and di sclaiming the contracting, employment or hiring of unauthorized ali en s co ns istent with the Professional Services Agreement-E dusource USA, LLC Page 10 requirements of section 448.095(2)(b) 1. And (b )2 . for the duration of thi s Agreement. Provider acknowledges that breach of this provision, by either CONTRACTOR or any subcontractor of Provider, shall result in immediate termination of this Agreement. XXVI. MISCELLANEOUS A. Captions, title and paragraph headings are for convenient reference and are not a part of this Agreement. Such captions, title or paragraph headings shall not be deemed in any manner to modify, explain, enlarge or restrict any of the provisions contained in this Agreement. B . In the event of conflict between the terms of this Agreement and any terms or conditions in any attached document; the terms in this Agreement shall prevail. C. No waiver or breach of any provision of this Agreement shall constitute a waiver of any subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless made in writing. D. Should any provisions, paragraph, sentence, work or phrase contained in this Agreement b e determined by a court of competent jurisdiction to be invalid, ille gal or otherwise unenforceable under the laws of the State of Florida or the City of Hialeah, such provisions, paragraphs, sentences, words or phrases shall be deemed modified to the extent necessary in order to conform with such laws , or if not modifiable to conform with such laws, then same shall be deemed severable, and in either event, the remaining terms and provisions of this Agreement shall remain unmodified and in full force and effect. E. Further Assurances. All parties hereto upon the request of any other party shall execute such further instruments or documents as may be reasonably required by the requesting party to implement the terms, conditions and provisions of this Agreement. [REST OF THIS PAGE LEFT BLANK INTENTIONALLY] Professional Services Agreement-Edusource USA, LLC Page 11 IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by the respective officials thereunto duly authorized, this the day and year first above written. Attest: Marbelys Fatjo City Clerk (SEAL) City of Hialeah, Florida 501 Palm Avenue Hialeah, Florida 33010-0040 Authorized signature on behalf of City of Hialeah Mayor Esteban Bovo , Jr. Date Approved as to legal sufficiency and as to form: Lore na Bravo City Attorney Witness Printed/typed name: _____ _ STATE OF FLORIDA COUNTY OF ----- Edusource, LLC 7280 Sienna Ridge Dri ve Lauderdale, Florida 33319 Signature Print Name Title Date Date The foregoing instrume nt was acknowled ge d before me by means of __ physical presence or online notarization, this day of 2022 by ___________ , Dwho is personally known to me or Dwho has produced as identification. --------- (SEAL) Notary Public Print Name My Co mmission Expires: -------- Professional Services Agreement-Edusource USA, LLC Page 12 EXHIBIT "A" MEMORANDUM OF UNDERSTANDING Memorandum of Understanding This Memorandum of Understanding, with the attached scope of services, is to describe a partnership between Ceramic on Wheels USA and City of Hialeah Education & Community Services Department, hereinafter referred to as "Partners" for the purpose of providing services to the afterschool program in selected sites funded by The Children's Trust under Contract # 2214-2760-year 4 . It is understood by the Partners that should the proposal be funded and a grant contract is issued to City of Hialeah Education & Community Services Department by the State of Florida Department of Education, that a memorandum of understanding and scope of services will be agreed upon by Ceramic on Wheels USA and City of Hialeah Education & Community Services Department and will include the same terms as negotiated in the contract with The Children's Trust. As a contractor, and not an employee, Ceramic on Wheels USA is not covered by the City's employee workman's compensation policy for any on the job injury. It is understood that the contractor must carry their own insurance coverage for any injury sustained while under this contracted work. As a contractor for the Creative Learning and Play program, it is understood that compliance will be met with all of the requirements of the City of Hialeah as well as the funding agency, including, but not limited to submitting to a level-2 background check every 5 years, complying with the City's Hold Harmless Agreement, complying with the City's Good Moral Character Affidavit, maintaining requirements of the State of Florida's Department of Children and Families as regards to child-care workers, and maintaining the requirement of the State of Florida's Jessica Lunsford Act. Contractors will also need to comply with section 448.095(e} of the Florida Statutes requires all public employers, contractors and subcontractors, including The Children's Trust providers, to use the E-Verify system to establish the authorization of new employees, including all new subcontractors and professional services consultants, to work in this country. Contractors will provid e on a timely basis any needed documents to meet the terms of contract #2214-2760 between the City and the Children's Trust . The City of Hialeah will retain all children's records and record confidentiality will be maintained by all parties. If The Children's Trust does not fund said proposal, or if Th e Children's Trust funds the proposal in a reduced amount, or changes the terms of an executed contract with the City of Hialeah, a new Memorandum of Understanding and scope of services will be negotiated between the Partners each budget year. Maxine Spence Ceramic on Wheels USA Authoriz ed Signature Dat e Sharon Dziedzic, Education Supervisor I Education & Community Services Department Authorized Si gnature Date Ceramic on Wheels USA -Scope of Services for Creative Learning & Play Afterschool Contract # 2214-2760-year 4 City of Hialeah Education and Community Services Department Summer Camp Services Through their Art Program, Ceramic on Wheels USA will provide to the City of Hialeah's Education & Community Services Creative Learning & Play {CL&P} Summer Camp program, a creative program that uses Hands on Crafts, that allows children to be able to express themselves individually through colors, design, and various techniques. Ceramic on Wheels USA gives the opportunity to children to experience and discover self-expression and choices to create their very own personalized art projects without the influence or fear. Ceramic on Wheels USA provides individualized prepared boxes that include all materials for the projects each class . Frequency of services • Services will be scheduled as: One (1) visit a week, One (1) group a week, for Four (4) weeks duration at each site, all of which are contingent based on capacity and need to serve program participants. • Serving 6 sites contingent on final number of sites granted for funding. • Each group will consist of a maximum of 25 -45 students at $17.50 per child. o Babcock-30, Walker-45, Goodlet-45, Sparks-30, Wilde-30, and Slade-45 • Summer Semester will run June 2022-August 2022 • Travel Fee -$1,080.00 ($45 per visit x 6 Sites X 4 weeks) • Babcock -6/22/2022, 7/6/2022, 7/20/2022,8/1/2022 • Walker-6/22/2022, 7 /6/2022, 7 /20/2022, 8/1/2022 • Goodlet-6/21/2022, 7 /5/2022, 7 /21/2022, 8/3/2022 • Sparks-6/21/2022, 7 /5/2022, 7 /21/2022, 8/3/2022 • Wilde-6/24/2022, 7 /8/2022, 7 /22/2022, 8/5/2022 • Slade-6/24/2022, 7 /8/2022, 7 /22/2022, 8/5/2022 Program cost: Not to exceed $16,830.00 Maxine Spence Ceramic on Wheels USA Authorized Signature Date Sharon Dziedzic, Education Supervisor I Education & Community Services Department Authorized Signature Date Professional Services Agreement-Edusource USA, LLC Page 13 INSURANCE x_ I. WORKERS' COMPENSATION AND EMPLOYEE'S LIABILITY x_ 2 . COMMERCIAL GENERAL LIABILITY PREMISES OPERATIONS INCLUDED; PRODUCTS AND COMPLETED OPERATIONS INCLUDED; INDEPENDENT CONTRACTORS (O.C.P .) INCLUDED; ELEV A TORS INCLUDED; SUPERVISION EXCLUSION DELETED; PERSONAL INJURY LIABILITY INCL _X__ 3. BROAD FORM PROPERTY DAMAGE ENDORSEMENT x_ 4. CONTRACTUAL INDEMNITY/HOLD HARMLESS ENDORSEMENT EXACTLY AS WRITTEN IN "INSURANCE R E QUIRE- MENTS ' OF SPECIFI CATIONS x_ 5. AUTOMOBILE LIABILITY OWNED NON- OWNED/HIRED AUTOMOBILES IN C LUDED X 6. UMBRELLA LIABILITY 7. GARAGE LIABILITY 8 . GA RAGEKEE P E R 'S LEG AL LIABILITY LIMITS STATUTORY LIMITS OF THE STATE OF FLORIDA $1,000,000 SINGLE LIMIT FOR BODILY INJURY AND PROPERTY DAMAGE COMBINE D EACH OCCURRENCE $1 ,000 ,000 SINGLE LIMIT FOR BODILY INJURY & PROPERTY DAMAGE COMBINED EACH OCCURRENCE $1 ,000,000 SINGLE LIMIT FOR BODILY INJURY & PROPERTY DAMAGE COMBINED EACH OCCURRENCE $1,000,000 EXCESS OF ALL PRIMARY COVERAGE $1,000 ,000 SINGLE LIMIT FOR BODILY INJURY AND PROPERTY DAMAGE COMBINED EACH OCCURRENCE $100 ,000 EA C H OCCURRENCE x_ 9. THE C ITY MUST B E NAMED BY ENDORSEMENT AS ADDITIONAL INSURED ON T H E INSURANCE POLI CY AND THE FOLLOWING MUST ALSO BE STATED ON THE CERTIFI CAT E . "THESE COV E RAG ES ARE PRIMARY AND NON -CONTRIBUTORY TO ALL OTHER COV ERAGES T H E C ITY POSS ESSES FO R TH IS CONTRACT ONLY." Professional Services Agreement-Edusource USA, LLC 10. TEACHERS PROFESSIONAL LIABILITY $ l ,000 ,000 EACH C LAIM 11. LIQUOR LEGAL LIABILITY $1,000,000 EACH OCCURRENCE 12. CROSS LIABILITY OR SEVERABILITY OF INTERESTS CLAUSE ENDORSEMENT 13. XCU PROPERTY DAMAGE EXCLUSION DELETED AND THIS COVERAGE WILL PROVIDED 14. BUILDERS RISK 15 . OTHER INSURANCE AS INDICATED BELOW: FULL CONSTRUCTION COSTS OF THE PROJECT K__l6. THIRTY (30) DAYS CANCELLATION NOTICE REQUIRED Page 14 K__l 7 . BEST'S GUIDE RATING A-XOR BETTER OR ITS EQU IVA LENT _K_l8 . THE CERTIFICATE MUST STATE THE BID NUMBER AND TITLE 19 . CYBER LIABILITY 2 0. POLLUTION LIABILITY _21. ERRORS & OMMISSIONS/PROFESSIONAL LIABILITY $1,000,000 EACH CLAIM $1,000,000 EACH C LAIM $1,000,000 EACH CLAIM s:\ajm\contract s\k-2022-058 -c l & p cera mics on w hee ls art program\profess ional services a greement -ceramic on wheels u sa art program . summer 2 022 .docx