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NEXPLORE, LLC - 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: NITA M. LOWEY 21ST CENTURY LEARNING COMMUNITIES PROJECT# 13B-2442B-2CCC1 CONTRACT PERIOD: 6/13/2022- 7/29/2022 SECTION #1 – VENDOR AWARD Name: NEXPLORE, LLC 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 I AMENDED AMOUNT: RESOLUTION NO: 2022-073 INSURANCE REQUIREMENTS: ANNUAL CONTRACT AMOUNT: $19,000.00 PERFORMANCE BOND: APPLICABLE ORDINANCES: Notes: SECTION #3 – REQUESTING DEPARTMENT CITY OF HIALEAH, DEPARTMENT OF EDUCATION & COMMUNITY SERVICES Contract Administrator: SHARON DZIEDZIC Phone: 305-698-3653 SECTION #4 – PROCURING AGENCY CITY OF HIALEAH, DEPARTMENT OF EDUCATION & COMMUNITY SERVICES Contract Administrator: SHARON DZIEDZIC Phone: 305-698-3653 Prepared by: MARILIN GUTIERREZ ITEM# l=. ----~ RECEIVED JU N 01 2022 RECEIVED .JUN 1 4 2022 JUN 0 1 202 2 Date of Request: 5/24/22 Requesting City Department: Education and Community Services Requested Council Meeting Date: June 14, 2022 Action Requested from the 6 Issue a purchase order City Council: D Increase a purchase order D Award a bid n Bid No. 0 Reject a bid 0 Bid No . 0 Special Events Permit 0 Street Closure D Other: ; '. Scope of service(s} or Scope of Services product(s}: Vendor: Nexplore LLC Expenditure Amount : $19,000.00 Funding Source (i.e., account funding the expenditure): FLDOE Nita M Loewy 21 51 CCLC grant-Budget with lin e item attached-134.3120.569.340 Purchasing Process : 0 Competitive Bidding fJ An exception to competitive bidding applies: if Professional services in the nature of consultants, accountants and attorneys r I Sole source provider 0 Emergency based on object facts 0 Credit faciliti es [J 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. 0 Title of state, county or other governmental agencies contract: D Piggy -ba ck contract expiration date :.~~~~~~~~~~~~~~ 0 Waive Competitive Bidding 0 Reason(s) it is not advantageous to the City to utilize competitive biddin g: Signatures: Department Head Esteban Bovo, Jr. Mayor Carl Zogby Counci I President Monica Perez Council Vice-President May 24, 2022 Honorable Mayor Es teb a n Bovo , Jr. and City Council Members City of Hialeah 501 Palm Avenue Hialeah , FL 33010 Dear Mayor and City Council Membe rs: City of Hialeah Council Members Bryan Calvo Vivian Casals-Munoz Jacq uelinc Garcia-Roves Luis Rodriguez .Jesus Tundidor The Charter of the City of 1-1 ia leah states that contracts in amounts greater than $15,000 sh al I be awarded on the basis of specifications and formal sealed bids . The Council may award a contract to the lowest respon sib le bidder; or it may reject all bids and re-advertise; or it may waive competitive bidding when it finds this to be in the best interest of the City. Re spectfully requ est ing to open a Purchase Order and enter into a Profe ss ion a l Services Agree men t for the Young Leaders with Character program funded by FL DOE Nita M. Lowey 21" CCLC gra nt for FY 202 1-2022 for Nexplore LLC., an active corporation in good standing in th e State of Florida, for a term commencing June I 3, 2022 through July 29 , 2022 for e nrichm ent services that will focus on activities s uch as coding, building challenges, and reinforce essential life skills such as teamwork, com111unication and problem solving through their Technology Program for the Young Leaders with Character Summer Camp. This subcontractor was chosen based on their ability to re spo nd and work within the fr amework of the progra111 under project number I 3B-2442B-2CCC I, Taps # 228036 th at was approved in the counc il me etin g held o n February 8, 2022 , It e m G, re so luti o n 2022-0 19. This corporation ha s presented the scope of work and willingness to provide contractual services und er the terms set forth. Therefore, respectfully reques t that the Co uncil authorize the Mayor and/or hi s des ignee to \Naiv e competitive bidding and to nego tiat e professional services and purchase s related to this project and to approve the attached resolution and subcontract in substantial form. T he following amount has been bud geted for this requ est below and th e account number where funds hav e been a llocated are as fol low s: Young Leaders with C harac ter progra m funded by the f-LDOE Nita M. Lowey 21st CCLC gra nt for FY 202 1-2022 in the amount of $19,000.00 from account# 13 4 .3120.569.340. Sharon Dziedzic, Ed ucation Supervisor I Ed ucation and Comm unity Services Department ~SAPPROVED 50 I Palm i\ vc 1rnc . 11 ialcah . Florida · :no I 0-11719 www .hialcah11.gov lJ!'l!:;!'.J! i r;j C CJl,_JJCJl :J.i 'l'l CJ1 r ~ D eRa rtrn ent of State I Division of Cornorations I Sea rch Records I Search by En tity N ame I Detail by Entity Name Florida Limited Liability Compa ny NEXPLORE LLC Filing Information Document Number L15000151621 FEl/EIN Number 47-5062268 Date Filed 09/03/2015 State FL Status ACTIVE Last Event LC NAME CHANGE Event Date Filed 05/10/2016 Event Effective Date NONE PrinciQal Address 403 NE 2ND AVENUE HALLANDALE BEACH , FL 33009 Changed : 10/30/2018 Mailing Address 403 NE 2N D AVENUE HALLANDALE BEACH, FL 33009 Changed: 10/30/20 18 Re gistered Agent Name & Address LAREA, IZIDOR 403 NE 2 ND AVENUE HALLANDALE BEACH, FL 33009 Address Chang ed: 01/28/2019 Authorized Person(§) Detail Name & Address Titl e MGR LAREA, IZ IDOR 403 NE 2ND AVENUE HALLANDALE BEACH, FL 33009 OrV I SIOM OF C OR PORAT I O NS TitleAMBR LAREA, MICHELLE 403 NE 2ND AVENUE HALLANDALE BEACH , FL 33009 Annual Rei:iorts Report Year 2020 2021 20 22 Document Images Filed Date 01/03/2020 01/04/2021 01/2 1/2022 01/21 /20 22 --ANNUAL REPORT Vi ew im age in PDF format 01 /04/20 2 1 --ANNUAL REPORT View image in PD F forma t _ _J O'l/03120 20 --ANNUAL REPORT Vi ew im age in PDF fo rm at I 01 128/20"19 --ANNUAL REPORT View image in PDF format I 0 1/"1612018 --ANNUAL REPORT View image in PDF fo rmat I 9J.illl2(l17 --ANNUAL REPORT --~_:~~i mag e in ~F fo r ~~~--...! 05/10/201 6 --LC Marn e Changfl Vi ew image in PDF Fo rmal I 021 15/20"16 --ANMUAL REPORT Vi ew imag e in PDF fo rm at I 09/03/20 '15 --Floricla Limitecl LiabililY. Vi ew image in PDF forrna ~ ::·· ..... Ill (2) (J) (4) (5) (6) m (8) (9) Al.l.OWAlll.f: >"fl: %Al.l.OCAn:n J)m:ust: l{f.ASONAllLE NECF.SSAl!Y }'UNCTION OIU>:cr ACCOUNT TITl.F. ANI> NAIUL\'l'IVF: POSl110N AMOUN'T lo Ibis rllOJF.CT ONl.Y l>OF. USE ONl.Y not: USEONl.Y 340 Contractual Services: Enrichment s 37,980 100% To provide direct instruction and activities following an established curriculum exclusively to actively participating 21st CCLC students during 21st CCLC program hours. Common Threads: Advanced cooking skills and world cuisine. Includes raw ingredient cost per lesson, equipment, and chef instructor provided by Common Threads. They will also provide an evaluation for classes plus raw food ingredients. Students elect to lake this class and due to previous years an average of 75 students elect to participate. This is solely instructional. All culinary class purchases will be reasonable and necessary to achieve program objectives, and will comply with all applicable requirements and guidelines established by local, state and federal regulatory agencies regarding safe food preparation, licensing and inspections. 3 classes (25 students each class) x $3,070 (7 lessons once a week) = $9,210 Guitar instructor (Certified music teacher from MDCPS): 2 days/wk X 7 wks. x $100 per class x 2 groups. Serving 30 participants for 3 hours/day estimated @ $2,800 End of Year Showcase= $200 Total= $3,000 Piano instructor (Certified music teacher from MDCPS): 2 days/wk X 7 Yl.<s. x $100 per class x 2 groups. Serving 30 participants for 3 hours/day estimated @ $2,800 End of Year Showcase= $200 Total= $3,000 Nexplore Robocoding: Each class can accommodate up to 22 students. The 27 weeks will be divided into three 9 weeks cycles. Jn each cycle we will work with a different group of 22 students (so by the end of the year all 60-75 students will receive an 8 weeks program). 1 class (22 studenls) $250 x 27 weeks x 3 sites = $20,250 ZUMBA classes: 2 classes a week x 1 hour each class x 7 weeks x $180 a class for 30 studenls in each class = S2.520 340 Contracted Services: Transl!ortatlon for Summer $ 3,558 100% To provide transportation services of actively participating 21st CCLC students during 21st CCLC scheduled field trips during the 21st CCLC summer programs. The bus rates below are based on distance and include the bus driver and fuel costs. Transportation for 7 summer fieldtrips (all students from the three sites leave from central location for field trips): 2 buses/trip x $239 for Miami Dade County x 3 trips= S 1,434 2 buses/lrip x $265.50 for Broward/Monroe County x 4 trips = 52.124 340 Contractual Services: Foes: Garbage removal for summer site $ 2,100 100% Fee to cover garbage removal from sile during the summer months 5700 per month (for garbage removal 3 times a week) x 3 months = $2, 100 13B-2442B-2CCC1 12of19 134 21st Centurv Grant (AA) Fund Fiscal Yea r: 2022 T rial Balance - :.\&o ~li'.t :·: .. : '['1 -• . ·:;::;:· • !:'iU'.:iiff · 134 .3 120.569120 i>e~~~:~r J::.: :.:!::!j\·., .. ';:;:::!*i>'P.'t:P.@1:#~@.:r·:' '·\:::,:n:;::~i,~~~~te;~,; · : E,n~tjtfi:~1~.~e~f.!;W:~:~:;:'.!ij.i~'.ns·~.;!J: m1:":i:::·,m!r~::i~t: i>.~t~ 61 % REGULAR SALARI ES 134.3 120 .569 122 0 % SALARY SETTLEMENT 134.3120.569 130 30 % PART-TIM E SALARIES 134.3 120.569 140 -JOO % OVERTIME SALARI ES 134.3 120.569 14 1 0% SEPARATION PAY 134.3 120.5692 10 35% FICA TAX ES 134.3 120.569220 57% EMP LOYE R RET CONTRIBUTIONS -ERS PLAN 134.3 I 20 .569220C O % RETIRE MENT 134.3 120.569220 0 RE T IREMENT ()% 134.3 120.569225 6 1 % EMPLOYER RET CONTRIB UTIO NS -4 01 (a) PLAN 134 .3 120.569230 0 % HEAL TH IN SURAN CE -SE LF-F UN DED PLAN 134 .3 120 .56923 1 45 % HEAL TH IN SURANCE -HMO PLAN 134.3 120.569233 0 % HEAL TH IN SURANCE -OTHER PLANS 134.3 120.569240 W O R KE RS' COMPENSATI ON 134 .3 120.56924 1 DISABILI TY COMPENSATION 134.3 120.5 6925 0 () % UNEMPLOYMENT COM PENSATION Tota l for (I ) Personne l Expe nses 134 .3 120.5693 10 () % PROFESS IO NAL SERVICES 134 .3 120.5693 11 ()% PROFESSIONAL SERVI CES 134.3 120.5693 12 ()% PROFESSIONAL SERVICES 134.3 12 0.569340 15 % CONTRACTUAL SERVI CES 134.3 120.56934 1 () % CONTRACTUA L SERVI CES 66,./49.00 66,449 .00 40,234.6 1 0.110 0.00 0 .00 ]89.305.00 285,305.00 84,800.5 2 ().f)O 0.00 72.76 11.00 0.00 0 .00 Jl.]/5.110 2 7 ,2 15 .00 9,44 1.27 8.7./7.011 8,747 .00 4,969.02 IJ.110 0.00 0.00 0.00 0.00 0 .00 ./.652.00 4,652.00 2,8 16.45 0.00 0 .00 0.00 18 . ./39.00 18,439.00 8,32 1.46 0.110 0 .00 0 .00 0.00 0.00 0.00 0.110 0.00 0.00 0.1111 0 .00 0 .00 4 14,807.00 4 10,807.00 150,656.09 6.00 0.011 6 ,000 .00 0.00 0.1!0 0 .00 0.00 0.011 0 .00 0.00 I 118. 7./J. 1111 108 ,742 .00 16,075 .06 0.00 0.00 0.00 134 2 1st Cent ury Grant (AA) Pund Trial Ba lance -Expe nses 0.00 26,2 14.39 5/20/2022 0.00 0 .00 0 .00 200,504.48 5/20/2022 0 .00 -72 .76 5/20/2022 0 .00 0 .00 0.00 17 ,77 3.73 5/20/2 022 0 .00 3,777.98 4/29/2022 0 .00 0 .00 0 .00 0.00 0 .00 1,835 .55 5/20/2022 0.00 0.00 0.00 10, 117.54 4/29/2022 0.00 0.00 0 .00 0.00 0.00 0 .00 0 .00 0 .00 0 .00 260,150.91 0 .00 6 ,000.00 10/1/202 1 0 .00 0.00 0 .00 0 .00 4 ,57 1.25 88 ,095 .69 5/19/2022 0.00 0.00 Printed : 5/24/2022 Page : 3 Memorandum of Understanding This Memorandum of Understanding, with the attached scope of services, is to descri be a partnership between Nexplore and City of Hialeah Education & Community Services Department, hereinafter referred to as "Partners" for the purpose of providing services to the summer program in selected sites funded by Nita M. Lowey 21st Century Learning Communities Project #13B-24428-2CCC 1. 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 w ill be agreed upon by Nexplore and City of Hialeah Education & Community Services Department and will include the same terms as negotiated in the contract with State of Florida Department of Education. As a contractor, and not an employee, Nexplore 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 wh ile under this contracted work. As a contractor for the Young Leaders with Character 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 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 project year 2021-2022 between the C ity and the State of Florida Department of Education. The City of Hialeah will retain all children's records and record confidentiality will be maintained by all parties. Dori Larea Nexplore Authorized Signature Date Sharon Dziedzic, Education Supervisor I Education & Community Services Department Authorized Signature Date Nexp/ore-Scope of Services for 21st CCLC Summer Program 2022 City of Hialeah Education and Community Services Department Contract #13B-2442B-2CCC1-Young Leaders with Character Summer 2022 Services Through their Technology program, Nexplore will provide an inventive program that will have the participants working together to solve coding and building challenges, students also reinforce essential life skills like teamwork, communication, and problem-solving to the City of Hialeah's Education & Community Services Young Leaders with Character Program . The project will include an approach to fill in the gap between a child's school education and life challenges and inspire children to improve strategic thinking skills through these fun and challenging activities. Frequency of services • Services will be scheduled as : 7 weeks divided into 4 classes per day twice a week. o 2 STEM classes on Monday and Wednesday will have 13 classes due to July 4, site will be closed o 2 STEM classes on Tuesday and Thursday will have 14 classes • Serving summer participants from HEA, HMS and HFM • Summer program will run June 13, 2022-July 29, 2022 • In each STEM class will have may have different group of 15-20 students • Four different STEM classes at $4,500 each total : $18,000 • Material and Supplies at $1,000 Program cost: Not to exceed $19,000.00 Dori Larea Nexplore Authorized Signature Date Sharon Dziedzic, Education Supervisor I Date Education & Community Services Department Authorized Signature Account Percent 134.3120.569340 CONTRACTUAL SERVICES Total for (2) Operating Exp enses Total expenses 3120 (Fund 134) EC-Educ ation & Corrunnunit 1I'otal !E:xpenses for Fund !134 134 21st Century Grant (AA) Fund ~ propriated 108, 742.00 108,742.00 108,742.00 108,742.00 108, 742.00 108,742.00 iJ.08,742.00 !1 08,742.00 Fund Totals $108,742.00 Revenue/Expenses Balance: E:xpended 16 ,750.06 16,750.06 16,750.06 !16,750.06 $16,750.06 $16,750.06 134 2 1s t Century Grant (AA) Fund Trial Balance -Expens es !E ncumbered Balance Last Date 4,721.25 87,270.69 5/2 6/2022 4,721.25 87,270.69 4,721.25 87,270.69 4,721.25 87,270.69 !Expenses $4,721.25 $87,270.69 87 •270 •69 ' + ) . I.),) , i 1 ~ 68.270·€>~ '* Pri nted: 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 NEXPLORE LLC. TO PROVIDE TECHNOLOGY CLASSES TO THE PARTICIPANTS OF THE YOUNG LEADERS WITH CHARACTER PROGRAM FUNDED BY FLDOE NITA M. LOWEY 21st CENTURY LEARNING COMMUNITIES PROJECT, TO TEACH THEM HOW TO SOL VE CODING AND BUILDING CHALLENGES, FOR A TERM COMMENCING ON JUNE 13, 2022 AND ENDING ON JULY 29, 2022, IN AN AMOUNT NOT TO EXCEED $19,000.00; 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 DA TE. WHEREAS, the City of Hialeah is continuously searching for new ways to support, expand and improve its educational programs and services to the community; WHEREAS, pursuant to Hialeah, Fla., Resolution 2022-019 (February 8, 2022), the City Council authorized the Mayor to accept a grant from the Nita M. Lowey 21st Century Learning Communities Project to fund the Young Leaders with Character Program after-school and summer programs in the amount of $50,000.00, for one year commencing on June 1, 2022 and ending on July 31, 2022; WHEREAS , the City having investigated the qualifications of Nexplore LLC (hereafter r eferred as to "Provide r") 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 part hereof as Exhibit "1 ". NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF HIALEAH, FLORIDA, THAT: Section 1: The foregoing facts and recitations cont ained in the preamble to this resolution are hereby incorporated and adopted by reference as if full y set forth herein. Section 2: The City of Hialeah, Florida hereby approves a Professional Services Agreement between the City of H ia leah and N explore LLC to provide through their technology RESOLUTION NO. ----- Page No . 2 program, an incentive program that will have the participants work together to solve coding and building challenges, to the participants of the Young Leaders with Character Program funded by FLDOE Nita M. Lowey 2!51 Century Learning Communities Project, for a term commencing on June 13 , 2022 and ending on July 29, 2022, in an amount not to exceed $19,000.00, 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, if the Mayor's signature is withheld or if the City Council overrides the Mayor's veto. Attest: PASSED AND ADOPTED this __ day of , 2022. ---------- Carl Zogby Council President Approved on this __ day of _________ , 2022 . Mayor Esteban Bovo, Jr. PROFESSIONAL SERVICES AGREEMENT BETWEEN NEXPLORE, LLC AND THE CITY OF HIALEAH This Agreement entered into this __ day of , 2022 by and between the C ity of Hialeah, a municipal corporation organized and existing under and by virtue of the laws of the State of Florida ("City"), 501 Palm Avenue, Hialeah, Florida 33010 and Nexplore, LLC a Florida limited liability company ("Provider"), by and through its duly authorized representative, having its business address at 403 NE 2nct Avenue, Hallandale Beach, Florida 33009. WHEREAS, pursuant to Hialeah, Fla., Resol ution 2022-019 (February 8, 2022), the City Council authorized the Mayor or his desi gnee on behalf of the City to accept a grant award from Nita M. Lowey Twenty-First (21 51 ) Century Community Learning Centers for a term commencing on June 13 , 2021 and ending on July 29, 2022, and to execute any and all agreements, documents and subcontracts in furtherance of the programs ; WHEREAS, the City, having investigated the qualifications of the Provider to perform all the work necessary to fully carry out the scope of services h erein 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 hereinafter stated, intending to be legally bound, the Parties 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 describe d in the Memorandum of Understanding, a copy of which is attached hereto and made a part hereof as Exhibit "A" ("Services"). The Provider agrees to undertake, perform and complete all necessary work, functions and activities, including providing a ll materials, supplies , or labor , that may be necessary or reasonably inferred from this Agreement, a t Provider's sole cost and expense, to provide the contemplated Services , whether or not the work, function, activ ity , material , supply or labor is specificall y identified and required in this Agreement. II. TERM The Provider agrees to provide services within a t erm commencing on June 13, 2 022 and ending on July 29, 2 022 ("Term"). This Agreement will be in effect during the Term indicated above. All service s, work and activities as described in Exhibit "A" shall be undertaken , performe d and completed within the term provided herein and prior to the expiration of thi s Agreement. The C ity reserves the right to extend the commencement date of the services prov ided. III. COMPENSATION AND TERMS OF PAYMENT A. City shall pay the Provider a maximum total compensatio n for all services performed in an amount not to exceed $19,000.00, during the Term of this Agreement. 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 services 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 shall not pay for any cost or expense not otherwise expressly contemplated herein, including but not limited to travel expenses. The City will only pay Provider for the actual number of 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. Compensation is contingent upon funding from the Nita M. Lowey Twenty-First (21 51) Century Community Learning Centers Grant Program 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 generally afforded classified or unclassified employees of the City, such as pension benefi ts , 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 do c uments developed by the Provider under this Agreement shall be de live red 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. C ity assumes the risk of reuse of all documents developed by the Provider upon delivery after completion of services. The Provider agrees tha t all documents maintained and ge nerated hereto shall b e subject to the applicable provisions of the Public Records Law, Ch ap ter 119 , F lorida Statutes. B. It is further understood by and between the Parties that any information, writings , tapes , maps , contract documents , reports or any other matter whatsoever which is given by City b y the Provider pursuant to this Agreement shall at all times remain the property of the City and shall not be us ed by the Provider for any other purposes whatsoever w ithout the written co nsent of the City. Notwithstanding the for egoing, the Provider may us e such documents fo r promotional purpo ses or adv erti sing . 2 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 . 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 unreasonably withheld, and all subcontractors or assignees shall be governed by the terms and conditions of this Agreement. VII. A WARD OF AGREEMENT The Provider warrants that it has not employed or retained any person employed 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 This Agreement shall be construed and enforced 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-Dade County, Florida. The Provider agrees to be subject to the jurisdiction (subject matter and in personam) of the courts in Miami-Dade County, Florida and amenable to process. IX. SUCCESSORS AND ASSIGNS This Agreement shall be binding upon the Parties herein, their heirs , executors, legal representatives, successors and assigns. X. INDEMNIFICATION Provider, for itself, its successors, assigns, executors, administrators, and anyone else who might attempt to sue on its behalf, hereby waives, releases, holds harmless, indemnifies, covenants not to sue, agrees to defend , and forever discharges the City of Hial eah, its officers , elected or appointed, directors , employees, agents, attorneys, contractors and a ll other perso ns , entities , organizations and corporations affi li ated there with (all of whom constitute the "Rel eased 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, los s oflife, damage to propert y, or any other liability, lo ss, cost or expense of any kind (collectively "Claims"), arising out of, resulting from, (or relating to t he Services to be provided pursuant to this Agreement or Provider 's exercise of any ri ght or discharge of any 3 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 discharge 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 City that falls within the scope of an indemnity provided in this 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 intended to benefit any person or entity that is not a party to this Agreement. Instead, the provisions of this Section are solely for the City's benefit. XI. LIMITATION OF LIABILITY The City's total li ability to the Provider for any and all liabilities, claims, or damages arising out of or relating to this Agreement, howsoever caused and r egardless of the le gal theory asserted, including breach of contract or warranty, tort, strict liability, statutory li abi lity or otherwise, shall not in the aggregate, exceed the amount owed to the Provider by the City under this Agreement. In no event shall the City be li abl e to the Provider fo r any punitive, exemplary , special , indirect, incidental , or consequential damages (including, but not limited to , lost profits , lost business opportunities, los s of us e or equipment down time, and lo ss of or corruption of data) arising out of or relating to this Agreement, regardless of the legal theory under which such damages are sought, and even of the Parties have been advised of the possibility of such damages or loss. 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, Emp loyer's Liabilit y Insurance, Comprehensive General Liability Insurance, Business Automobile Liability Insurance, in such amounts specified in Exhi bit "B". 4 B. Such policy or policies shall be issued by the U nited 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 of the Provider or her employees must be disclosed in writing to the City. B. The Provider is aware of the conflict of interest laws of the City, Hialeah Code Ch 26, Art. I and II ; Code of Miami-Dade County , Florida, § 2-11.1 et seq., and the State of Florida, Chapter 112, Part III , Florida Statutes and agree that it shall fully comply in all respects with the terms of such laws . XIV. NOTICE All notices or other communications which shall or may be given pursuant to this Agreement shall be in writing and shall be delivered by p erso nal service, or by re gistered mail addressed to the other party at the address indicated herein or as the same may be changed fro m time to time. Such notice shall be deemed given on t he day in which it was personally served ; or if by mail , on the date of actual receipt. CITY Sharon Dziedzic , Directo r City of Hialeah Education and Co mmunity Services D ept. 7400 West 24 Avenue, 2 nd Floor Hial eah, Florida 33 016 Telephone: (305) 818-91 43 FAX: (3 05) 818-9841 NEXPLORE,LLC Izidor Larea 403 NE 2n d A venue Hallandale Beach, Florid a 33 00 9 XV. TERMINATION A. Termination without Cause: The City retains the ri ght to terminate this Agreement for convenience upon 30 d ays written notice to the Prov ider. 5 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 failure 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 event of default. The notice shall inform the Provider that this Agreement shall be terminated unless the default is cured within seven (7) calendar days following the Provider's receipt of the notice. If a cure cannot reasonably be effected within seven (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) days. The request shall be delivered prior to the expiration of the cure period. If the Provider's request is reasonable, as determined by the City's representative or his/her desi gnee, the time to cure the default shall be extended for such additional time as is reasonably 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 fails to exercise continuous diligent efforts to cure the default, the City may terminate this Agreement. The termination shall take effect as of the date specified in the notice of default provided by the C ity. Upon termination, the City may cure the default at the expense of the Provider, and h ave 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 pa yment made to the Provider in accordance with this section shall be made only if the Provider is not in default under the te rms of this Agreement. If the Provider is in default, then the City shall in no way be obligated to pay and shall not pay the Provider any sum. 6 XVI. PUBLIC RECORDS The Provider shall comply with all applicable requirements contained in the Florida Public Records Law (Chapter 119 , Florida 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 disclosed, except as authorized by law; and d . Comply with all requirements for retaining public records and transfer, at no cost, to the City all 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 DESIGNATED 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, HIALE AH, FL 33010. Notwithstanding the provisions of this Agreement regarding a reasonable cure period for a breach by PROVIDER , any failure of Prov ider to comply w ith a request for public records w ithin a reasonable time p eriod or as otherwise required by F .S . 11 9 .0701 is breach of this contract. The City shall exercise all remedies availabl e at law or e quity . XVII. NONDISCRIMINATION Prov ider r e presents and wanants to City that Prov id e r does not and w ill not engage in unl awfu l discrimina tory practices a nd that there shall be no unlawful di scrimina tion in connection with Pro v id er's p e rforma nc e und e r this Agreeme nt on account of race , co lor, sex, re li g ion , age , handicap , disa bility , marital status , na tional origin , ancestry , fa mili a l st atus, or sexual orientati o n. Provider further covenants that no otherwise qua lified indi v idua l shall, so lel y by reason of hi s/her race, co lor, sex, religion, age , handicap, m arita l status, nationa l ori gin, ancestry , familial status, or sexua l orientation unl awfully be ex clude d fro m pa rticipati o n in, be d eni ed ser v ic es , or be subj ect to discrimination und er any provis ion of thi s A greement. 7 XVIII. COMPLIANCE WITH AGREEMENT BETWEEN THE CITY AND NITA M. LOWEY TWENTY-FIRST (21sT) CENTURY COMMUNITY LEARNING CENTERS The Provider agrees that as a subcontractor of the City who is the recipient of funding from the Nita M. Lowey Twenty-First (2 l5t) Century Community Leaming Centers Grant, the Pro vider shall comply with the applicable provisions of the grant agreement between the City and the Nita M . Lowey Twenty-First (2l5t) Century Community Leaming Centers Grant, 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 Work 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, and with all state and fe deral requirements, including, but not limited to , the background screening requirements. The Provider certifies that all such individuals are qualifie d and approved for providing services herein. B . Employee backg round screening. According to the grant agreement only employees, volunteers and subcontracted personne l with a satisfactory level 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), 985.01(2)(a) and 39.001, Florida Statutes. Background screenings must be completed through the Florida Department of Law Enforcement (FDLE), VECHS Program. However, satisfactory background screening documentation will be accepted for those agencies that already conduct business with either the Department of Chi ldren and Families (DCF) or the Department of Juv eni le Justice (DJJ) or the Miami-Dade Public School System (MDPS). In addition, an Affidavit of Good Moral Character must be completed and notarized for each employee, volunteer and subcontracted personnel upon hiring. XX. COOPERATION WITH FINANCIAL AUDIT AND REPORTING REQUIREMENTS If the Nita M. Lowey Twenty-First (2 l5t) Century Community Le aming Centers 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 State s , Local Government and Non-Profit Organizations and the Florida Single Audit Act. In addition, the Provider shall fully co mply with reporting requirem ents as determined by the C ity during the term or thi s A gree m ent. XXI. CONSENT OF PARTICIPANTS The Provide r agrees and acknowled ges that participants in the program s described in th e Scope of Services will be reques ted to provide con se nt to allowing information relating t o such 8 participation to be disseminated and released to the Nita M. Lowey Twenty-First (2 151) Century Community Leaming Centers Grant, 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 le gally authorized under federal law to be employed in the United States, as set forth in 8 U.S.C . section 13 2a(h)(3), as interpreted by any applicable federal rule or regulation. Furthermore, Provider represents that it is registered to use , uses , and shall continue to use the E-Verify system, an internet-based system operated by the United States Department of Homeland Security that allows participating employers to electronically verify the employment eli gib ility of newly hired employees, throughout the Term of this Agreement. Provider also represents that it will require from all subcontractors providing labor, goods or services in connection with this Agreement a sworn statement attesting to subcontractor's registration and use of the E-Verify system, and disclaiming the contracting, employment or hiring of unauthorized aliens consistent with the requirements of section 448.095(2)(b)l. And (b)2. for the duration of this Agreement. Provider acknowledges that breach of this provision, by either CONTRACTOR or any subcontractor of Provider, shall result in immediate termination of this Agreement. XX.VI. MISCELLANEOUS A. Captions, title and paragraph headings are for convenient referenc e and are not a part of this Agreement. Such captions, title or paragraph headings shall not b e deemed in any manner to modify, explain, enlarge or re strict 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. 9 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 prov1s1ons , paragraph, sentence, work or phrase contained in this Agreement be determined by a court of competent jurisdiction to be invalid, illegal 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 execut e 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 THE PAGE LEFT BLANK INTENTIONALLY] 10 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 C ity C lerk (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: Lorena Bravo City Attorney Witness Printed/typed name: _____ _ STATE OF FLORIDA COUNTY OF ----- Nexplore, LLC 403 NE 2nct A venue, Hallandale B each, Florida 33009 Signature Date Print Name Title Date The foregoing instrument was acknowledged before me by means of __ physical presence or _ online notarization, this __ day of , 2022 by of Nexplore, LLC, on behalf of the company, Dwho is personally known to me or Dwho has produced as identification. --------- (SEAL) Notary Public Print Name My Commission Expires: _______ _ s:\ajm\contracts\k-2022 -056 -nex plore -ylc -tec hnology programlprofess ional se rvi ces agreement. nexp lore. ylc -sum me r 202 1.docx 11 EXHIBIT "A" MEMORANDUM OF UNDERSTANDING 12 Memorandum of Understanding This Memorandum of Understanding, with the attached scope of services, is to describe a partnership between Nexplore and City of Hialeah Education & Community Services Department, hereinafter referred to as "Partners" for the purpose of providing services to the summer program in selected sites funded by Nita M. Lowey 21st Century Learning Communities Project #13B-2442B-2CCC 1. 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 Nexplore and City of Hialeah Education & Community Services Department and will include the same terms as negotiated in the contract with State of Florida Department of Education. As a contractor, and not an employee, Nexplore 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 Young Leaders with Character 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 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 project year 2021 -2022 between the City and the State of Florida Department of Education . The City of Hialeah will retain all children's records and record confidentiality will be maintained by all parties. Dori Larea Nexplore Authorized Signature Date Sharon Dziedzic, Education Supervisor I Education & Community Services Department Authorized Signature Date Nexplore-Scope of Services for 21st CCLC Summer Program 2022 City of Hialeah Education and Community Services Department Contract #13B-2442B-2CCC1-Young Leaders with Character Summer 2022 Services Through their Technology program, Nexplore will provide an inventive program that will have the participants working together to solve coding and building challenges, students also reinforce essential life skills like teamwork, communication, and problem-solving to the City of Hialeah's Education & Community Services Young Leaders with Character Program . The project will include an approach to fill in the gap between a child's school education and life challenges and inspire children to improve strategic thinking skills through these fun and challenging activities. Frequency of services • Services will be scheduled as : 7 weeks divided into 4 classes per day twice a week. o 2 STEM classes on Monday and Wednesday will have 13 classes due to July 4, site will be closed o 2 STEM classes on Tuesday and Thursday will have 14 classes • Serving summer participants from HEA, HMS and HFM • Summer program will run June 13, 2022-July 29, 2022 • In each STEM class will have may have different group of 15-20 students • Four different STEM classes at $4,500 each total: $18,000 • Material and Supplies at $1,000 Program cost: Not to exceed $19,000.00 Dori Larea Nexplore Authorized Signature Date Sharon Dziedzic, Education Supervisor I Date Education & Community Services Department Authorized Signature INSURANCE x__ 1. 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 lL_ 3. BROAD FORM PROPERTY DAMAGE ENDORSEMENT x__ 4 . CONTRACTUAL IND EMNITY/HOLD HARMLESS ENDORSEMENT EXACTLY AS WRITTEN IN "INSURANCE REQUIRE- MENTS' OF SPECIFICATIONS x__ 5. AUTOMOBILE LIABILITY OWNED NON- OWNED/HIRED AUTOMOBILES INCLUDED X 6. UMBRELLA LIABILITY 7. GARAGE LIABILITY 8 . GARAGEKEEPER'S LEGAL LIABILITY LIMITS STATUTORY LIMITS OF THE STATE OF FLORIDA $1,000,000 SINGLE LIMIT FOR BODILY INJURY AND PROPERTY DAMAGE COMBINED 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 COMB INED EACH OCCURRENCE $100 ,000 EACH OCCURRENCE x__ 9. THE C ITY MUST BE NAMED BY ENDORSEMENT AS ADDITIONAL INSURED ON THE IN SURANCE POLICY AND THE FOLLOWING MUST ALSO BE STATED ON THE CERTIFICATE. "THESE COVERAGES ARE PRIMARY AND NON -CONTRIBUTORY TO ALL OTHER COVERAGES THE C ITY POSSESSES FOR THIS CONTRACT ONLY." 10. TEACHERS PROFESSIONAL LIABILITY $1,000,000 EACH C LAIM 13 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 X_16. THIRTY (30) DAYS CANCELLATION NOTICE REQUIRED X_17. BEST'S GUIDE RATING A-X OR BETTER OR ITS EQUIVALENT __lL 18. THE CERTIFICATE MUST ST ATE THE BID NUMBER AND TITLE 19. CYBER LIABILITY 20. POLLUTION LIABILITY 2 1. ERRORS & OMMISSIONS/PROFE SSIONAL LIABILITY 14 $1 ,000,000 EACH CLAIM $I ,OOO ,OOO EACH CLAIM $1 ,000,000 EACH CLAIM