Res No 075-19-15347Resolution No.: 7 5 —19 —15 3 4 7
A Resolution authorizing the City Manager to procure services from ARBE, LLC d/b/a
Engineering For Kids for summer STEM classes at the Gibson -Bethel Community Center.
WHEREAS, the STEM (Science, Technology, Engineering, and Mathematics) Program for
2019 Summer Camp and Teen Camp is made possible through a generous contribution in the
amount of $7,000 dollars from Volksblast, Inc.; and
WHEREAS, the City's Parks and Recreation Department is planning to launch a series of
STEM activities as part of its 2019 Summer Camp and Teen Program. These classes will focus on
STEM learning through dynamic and powerful applied science activities inspiring hands on and
engaged learning. Children will design, create, test and improve experiments that explore what
technology is and how it affects everyday life; and
WHEREAS, the City submitted an Invitation to Quote (ITQ) #PR2019-06 on Friday, May 17,
2019 for a "STEM Summer Program Administrator". One (1) proposal was received from ARBE, LLC
d/b/a Engineering For Kids; and
WHEREAS, the total expenditure shall not exceed $6,500.
NOW, THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA THAT:
Section 1. The City Manager is authorized to procure services for summer STEM programs
and expend an amount not to exceed $6,500 to ARBE, LLC d/b/a Engineering For Kids from the
following accounts:
- Expenditures related to summer camp in the amount of $4,500 shall be charged to Summer
Camp, account number 001-2000-572-5550, which has a balance of $18,700 before this
request was made.
- Expenditures related to teen camp in the amount of $2,000 shall be charged to Special
Recreation Programs, account number 001-2000-572-5670, which has a balance of $4,801
before this request was made.
Section 2. If any clause, sentence, or phrase of this resolution is for any reason held invalid
or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of
the remaining portions of this resolution.
Section 3. This resolution shall become effective immediately upon adoption by vote of
the City Commission.
PASSED AND ADOPTED this 1Wh day of June, 2019.
Page 1 of 2
Res. No. 75-19-15347
ATTEST:
4i.
CITY CLE C
READ AND APPROVED AS TO FORM:
t
AND
APPROVED:
L)qlar"&4-
MAYOR
COMMISSION VOTE:
5-0
Mayor Stoddard:
yea
Vice Mayor Harris:
yea
Commissioner Gil: yea
Commissioner Liebman: yea
Commissioner Welsh: yea
Page 2 of 2
Agenda item No:2.
City Commission Agenda Item Report
Meeting Date: June 18, 2019
Submitted by: Quentin Pough
Submitting Department: Parks & Recreation
Item Type: Resolution
Agenda Section:
Subject:
A Resolution authorizing the City Manager to procure services from ARSE, LLC d/b/a Engineering For Kids for
summer STEM classes at the Gibson -Bethel Community Center. 3/5 (City Manager -Parks & Recreation)
Suggested Action:
Attachments:
Memo- Summer STEM Program (QP).docx
Reso Summer STEM_Program QP CArev.docx
BID OPENING ITQ PR2019-065.31.19.pdf
ENGINEERING FOR KIDS PROPOSAL ITQ PR2019-06 5.31.19.pdf
DEMAND STAR, STEM PROGRAM 5.31.19.pdf
SUN BIZ ARBE LLC 5.31.19.pdf
South Miami
THE CITY OF PLEASANT LIVING
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER -OFFICE MEMORANDUM
To: The Honorable Mayor & Members of the City Commission
FROM: Steven Alexander, City Manager
Via: Quentin Pough, Director of Parks & Recreation
DATE: June 18, 2019
SUBJECT: A Resolution authorizing the City Manager to procure services from ARBE,
LLC d/b/a Engineering For Kids for summer STEM classes at the Gibson -
Bethel Community Center.
DONOR: The STEM (Science, Technology, Engineering, and Mathematics) Program
for 2019 Summer Camp and Teen Camp is made possible through a
generous contribution in the amount of $7,000 dollars from Volksblast,
Inc. For the past 19 years, Volksblast, Inc. has held its annual Volkswagen
Car Show event in the City of South Miami. This reoccurring event
showcases approximately 250 classic Volkswagen cars and generates
approximately 10,000 attendees who stimulate South Miami's economy
through various purchases during the event from local merchants and
restaurants.
BACKGROUND: The City's Parks and Recreation Department is planning to launch a series
of STEM activities as part of its 2019 Summer Camp and Teen Program.
These classes will focus on STEM learning through dynamic and powerful
applied science activities inspiring hands on and engaged learning.
Children will design, create, test and improve experiments that explore
what technology is and how it affects everyday life.
Through various engineering avenues, kids aged five (5) to sixteen (16)
years old will learn and create experiments in a fun environment. Each
class will incorporate topics that help kids and teens to excel beyond
what they learn in school. Class topics range from aerospace, chemical
and civil to environmental engineering, marine science, coding software
and robotics.
The City submitted an Invitation to Quote (ITQ) #PR2019-06 on Friday,
May 17, 2019 for a "STEM Summer Program Administrator". One (1)
proposal was received from ARBE, LLC d/b/a Engineering For Kids.
E
South Miami
THE CITY OF PLFASANT LIVING
VENDOR:
EXPENSE:
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER -OFFICE MEMORANDUM
Department staff has had a solid working relation with ARBE, LLC in the
past.
ARBE.. LLC d/b/a Engineering For Kids
$6,500
ACCOUNTS: Expenditures related to summer camp in the amount of $4,500 shall be
charged to Summer Camp, account number 001-2000-572-5550, which
has a balance of $18,700 before this request was made.
Expenditures related to teen camp in the amount of $2,000 shall be
charged to Special Recreation Programs, account number 001-2000-572-
5670, which has a balance of $4,801 before this request was made.
ATTACHMENTS: Resolution
Bid Opening Report
Proposal: ARBE, LLC d/b/a Engineering For Kids
Demand Star Results
Sun -Biz Report - ARBE, LLC d/b/a Engineering For Kids
3
BID OPENING REPORT
Bids were opened on: Friday, May 31, 2019 after: 10:00am
For: ITO #PR2019-06 STEM SUMMER PROGRAM ADMINISTRATOR
COMPANIES THAT SUBMITTED PROPOSALS:
Amount:
1. ENGINEERING FOR KIDS .................................................. $ 61 is W . act
THE ABOVE BIDS HAVE NOT BEEN CHECKED.
THE BIDS ARE SUBJECT TO CORRECTION AFTER THE BIDS HAVE BEEN COMPLETELY REVIEWED.
City Clerk: .�
Print Nam
Witness: �"r"��� 41, C
Print N me
Witness: , P�
Print Name
0
Southkiami
SUBMIITEDTO: City Clerk
NAME: Nkenga Payne, CIVIC
CITY OF SOUTH MIAMI
INVITATION TO QUOTE
ITQ 4PR2019.06 B
PROJECT: STEM SUMMER PROGRAM ADMINISTRATOR
ADDRESS: Gibson-Bethal Community Cur,
SHOD SW 66th Street
ADDRESS:
6130 Sunset Drive
CRY/STATE:
South Miami, FL 33143
CITY/STATE:
Miami, Florida 33134
ISSUE DATE:
May 17, 2019
PHONE:
305-663-6339
E-MAIL:
skullck&southmiamiR.aov.
MANDATORY PRE -QUOTE MEETING: NONE SCHEDULED
DUE DATE:
10:00 AM; May 31, 2019
QUOTE SUBMISSION REQUIREMENTS: (REFER TO EXHIBIT 2 "SUBMISSION REQUIREMENTS")
Quotes submitted after 10 AM on the due date will not be accepted unless otherwise specified in the quote document
of a time change. All quotes will be submitted to the City Clerks Office in a sealed envelope. The label on the on the
envelope must read as follows:
City of South Miami
Nkenga Payne, CIVIC
6130 Sunset Drive
South Miami, FI. 33143
PROJECT NAME: "STEM SUMMER PROGRAM ADMINISTRATOR"
Must input project name. If label does not have all information above your quote will not he accepted.
The CITY'S Insurance requirements are attached (Exhibit 4). As a condition of award, the awarded vendor must provide a
certificate of insurance naming the city as additional insured.
AFFIDAVITS & CONTRACT REQUIRED WITH SUBMITTAL (Exhibit 21
Respondents must complete and submit with your quote affidavits provided in Exhibit 2.
QUESTIONS:
Any Requests for additional Information or questions must be In writing, emalled by 10 AM local time on May 24, 2019 to the
attention of Mr. Steven Kulick, Chief Procurement Officer at skullck@southmiamlK.gov.
REFER TO ATTACHMENT A "SCOPE OF SERVICES," COPY ATTACHED
DESCRIPTION OF WORK TO BE PERFORMED BY CONSULTANT: '
Item Number
Item Description
TOTAL
RESPONDENTS SHALL SUBMIT THEIR QUOTATION BY
REFER TO EXHIBIT 1, ATTACHMENT B, "BID
FORM"
COMPLETING EXHIBIT 1, ATTACHMENT B, "BID FORM"
Respondent shall furnish all materials and equipment necessary to secure completion of the work. Respondent shall be
but must be attached to this form.
Deadline to submit Is: May 31, 2019 by 10 AM.
Signature:
E-mail:
Firm Name:
Address:
Date:
Fax: i
F.E.I.N. No.: _
Clry: - State:
THE EXECUTION OF THIS FORM CONSTMITESTHE UNEQUIVOCAL OFFER OF PROPOSER TORE SOOND BY THE TERMS OF ns PROPOSAL FAILURE To SIGN THIS SOLICITATION WHERE INDICATED ABOVE BY AN
AUMORIZEOREMUEMAMI SHHLLRMUERTHEPROPOSALNON-RESPONSIVE THE COY MY, HOWEVER, IN NS SOLE DGCRETION, ACCEPT ANY PROPOSAL THAT INCLUDES AN EXECUTED DOCUMENT WHICH
UNEQUIVOCALLY BINDS THE PROPOSER TOTHETEIUNS OF ITS OFFER. THE COT-S REQUESTFOR QUOTES M FOR THE LOWESTAND MOST RESPONSIVEPRICE. THE CITY RESERVESTHE M6HTTOAWAROTHE
PROTECT TOME FIRM CONSIDERED THE BESTTO SERVE THE CrrrS RMEREST.
THE COY RESERVESTHE RIGHTMAWARDTHE PRONCTTO THE PERSON WITH ME IOW ,MOST RESPONSIVE, RESPONSIBLE PROPOSAL, AS DETERMINED BY THE CITYTO WAVE AM UIREGULARNYIN THE
PROPOSALSORSOUMAPONPROCEDUREANDWWECTAL M0 ERIGMOFTHEQ TOAWARDTHEPROJECT,ANDEXECUTEAMWUa WITHARESPONDENTORRESPONDENTS,OTHERTHANTOTHE
ONE WHO PROWam THE LOWEST PROSAL OR PRICE 0%IFTHE SCOPE OF WORK G DMDED INTO DImNCr51USDIVISIONS, TO AWARD EACH SUSORAMON TO A SEPARATE RESPONDENT.
RESPONDENT ACCEPTS ALL OFTHE TERMS AND CONDITIONS OF THE SOUCITATION AND QUOTE SUBMISSION REQUIREMENTS. THIS PROPOSAL WILL REMAIN SUMERTOACCEPTANa PoR MCALENDAR DAYS
AFTERTHE PROPOSAL OPENING. THE RESPONDENT, BY SIGNING AND SUBMITRNGTHISPROPOSAL AGREES TOALL THETERMS AND CONDITIONS OFTHE FORM CONTRACTTHATISA PART OFTHE SOUCITATION
PACKAGE WITH APPROPWTE CHANGFSTO CONFORM TOME INFORMATION CONTAINED IN THIS INVITATION TOQUOTE.
1 of 43
EXHIBIT 3
Professional Services Contract
"STEM SUMMER PROGRAM ADMINISTRATOR"
ITQ #PR2019-06 J "f
n /Y
", �9
THIS CONTRACT, entered into ch�` ) day of _ —/ , 20—ft, by the CITY OF
SOUTH MIAMI through its Manager, both of whom shall b� hereinafter referred to as the "CITY"
where 1' b ; locat d at 6130 Sunset Drive, South Miami, FL. , E-mail: salexander southmiamifl. ov
and with an office and principal place of business to ate at (CJ 5£JO zit{Sj-
and E-mail address ofNn N++PBas �u nd Facsimile
transmission number of -O� (hereinafter called TRACTOR".
WITNESSETH:
WHEREAS, the CITY needs STEM SUMMER PROGRAM ADMINISTRATOR
SERVICES; and
WHEREAS, the CITY desires to retain a CONTRACTOR, to provide the required goods
and/or services based on CONTRACTOR's representations which reflect that CONTRACTOR is
qualified and capable of providing said goods and/or services in a professional and timely manner and in
accordance with the CITY's goals and requirements; and
WHEREAS, CONTRACTOR has agreed to provide the required goods and/or services in
accordance with the terms and conditions set forth herein.
NOW, THEREFORE, in consideration of the mutual covenants and agreements herein
contained, the parties agree as follows:
1) Engagement of Contractor: Based on the representations of CONTRACTOR as set
out in the following "checked" documents the CITY hereby retains CONTRACTOR to provide the
goods and/or services set forth in Scope of Services, as modified by the Contract Documents, or as is
otherwise set forth in the Contract Documents defined below and in paragraph 2 (all of which is
hereinafter referred to as the Work"). (Check the box immediately preceding the document described below to
indicate that such document is part of this Contract)
[�]Contractorllkespondent's Bid Form. Attached as Exhibit 1 Attachment B from the
ITQ
2) Contract Documents: The Contract Documents shall include this Contract and the
forgoing and following "checked documents", as well as any attachments or exhibits that are made a part
of any of the "checked documents". (Check the box immediately preceding the document described below to indicate
that such document is pan of this Contract)
[v] Scope of Services. Attached as Exhibit I, Attachment A, from the ITQ
[�] CITY's Insurance & Indemnification Requirements. Attached as Exhibit 4 from the
ITQ
[q] Solicitation documents ("hereinafter referred to as "Bid Documents" including any
request for proposal)
This Contract and the Solicitation, Scope of Services, and insurance requirements shall take precedent
over the response to the CITY's Bid Documents, including the Contractor's Bid Form and
Contractors/Respondent's Cost and Technical Proposal. All the forgoing "checked documents" in
paragraph I and 2 above are attached hereto and made a part hereof by reference.
3) Date of Commencement: CONTRACTOR shall commence the performance of the
Work under this Contract on a date to be specified in a Notice to Proceed, or Purchase Order,
35 of 43
1 of 27
accordance with the procedure as more particularly set forth in the Contract Documents, liquidated
damages shall be paid at the rate of S N/A per day until the Work is completed.
16) Jury Trial Waiver: The parties waive their right to jury trial.
17) Entire Agreement, Modification, and Non -waiver: The Contract Documents
constitute the entire agreement of the parties and supersedes any prior agreements, written or oral.
The Contract Documents may not be modified or amended except in writing, signed by both parties
hereto and if this Contract is required to be approved by the City Commission, all amendments thereto
must be approved in the same manner and with the same formality as this Contract. The Contract
Documents, in general, and this paragraph including this paragraph may not be modified or amended by
any acts or omissions of the parties. No failure to exercise and no delay In exercising any right, power
or privilege shall operate as a waiver. No waiver of the Contract Documents, in whole or part,
including the provisions of this paragraph, may be implied by any act or omission.
18)Public Records: CONTRACTOR and all of its subcontractors are required to comply
with the public records law (s.I 19.0701) while providing goods and/or services on behalf of the CITY
and the CONTRACTOR, under such conditions, shall incorporate this paragraph in all of its
subcontracts for this Project and shall: (a) Keep and maintain public records required by the public
agency to perform the service; (b) Upon request from the public agency's custodian of public records,
provide the public agency with a copy of the requested records or allow the records to be inspected or
copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as
otherwise provided by law; (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 for the
duration of the Contract term and following completion of the Contract if CONTRACTOR does not
transfer the records to the public agency; and (d) Upon completion of the Contract, transfer, at no
cost, to the public agency all public records in possession of CONTRACTOR or keep and maintain
public records required by the public agency to perform the service. If CONTRACTOR transfers all
public records to the public agency upon completion of the Contract, TRANSPORTATION SERVICES
CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt
from public records disclosure requirements. If CONTRACTOR keeps and maintains public records
upon completion of the Contract, CONTRACTOR shall meet all applicable requirements for retaining
public records. All records stored electronically must be provided to the public agency, upon request
from the public agency's custodian of public records, in a format that is compatible with the information
technology systems of the public agency.
IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER
119, FLORIDA STATUTES, TO THE TRANSPORTATION SERVICES CONTRACTOR'S
DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT
THE CUSTODIAN OF PUBLIC RECORDS AT 305-663-6340; E-mail:
npayne@southmiamifl.gov; 6130 Sunset Drive, South Miami, FL .33143.
19) Background Screening. All personnel and volunteers that will provide any service with
vulnerable persons, as defined in Section 435.02, Fla. Stat., involving the City or its Agency in such
related activity or who may have access to secure or sensitive areas of the City, must be in compliance
with Level 11 Background Screening and fingerprinting requirements as per, Florida Statute Ch. 435 prior
to the scheduled start of any employee or volunteer. CONTRACTOR shall prevent any and all of its
personnel, including volunteers, from engaging in any such related activities without having passed a
background screening to the satisfaction of the City. A violation of this requirement shall constitute a
substantial breach of this Contract.
37 of 43
2of27
20) Drug Free Workplace. CONTRACTOR shall comply with the Drug Free Workplace
policy set forth in the City of South Miami's Personnel Manual which is made a part of this Contract by
reference.
21) Transfer and Assignment. None of the work or services under this Contract shall be
subcontracted or assigned without prior written consent from the CITY which may be denied without
cause.
22) Non -Appropriation of Funds. In the event that no funds or insufficient funds are
appropriated and budgeted or are otherwise unavailable in any fiscal period for payments due under this
contract, then the City, upon written notice to CONTRACTOR or its assignee of such occurrence,
shall have the unqualified right to terminate the contract without any penalty or expense. No guarantee,
warranty or representation is made that any particular project(s) will be awarded to any
CONTRACTOR.
23) Most Favored Public Entity. CONTRACTOR represents that the prices charged to
City in the proposal do not exceed existing prices to other customers for the same or substantially
similar items or services for comparable quantities under similar terms, conditions, wages, benefits,
insurance coverage and any other material cost factors. If CONTRACTOR's prices decline, or should
respondent, at any time during the term of a contract entered into with City, provide the same goods
or services with the same comparable quantities under similar terms, conditions, wages, benefits,
insurance coverage and any other material cost factors, CONTRACTOR shall immediately extend the
same prices to City.
24) Notices. All notices given or required under this Contract shall be deemed sufficient if sent
by a method that provides written evidence of delivery, including e-mail and facsimile transmission and
delivered to CONTRACTOR or his designated contact person. Return of mail, sent to the address
contained herein for the parties or their contact persons, as not deliverable or for failure to claim the
mail shall be deemed received on the date that the mail is returned to sender.
25) Indemnification. In the event that any of the contract documents provide for
indemnification, nothing contained therein shall imply that the City has waived its sovereign immunity as
provided by Florida Statute, Section 786.28 and anything to the contrary contained therein shall be null
and void and of no force or effect.
IN WITNESS WHEREOF, the parties, have executed this Contract. on or before the
date first above written, with full knowledge of its content and significance and intending to be legally
bound by the terms hereof.
CONTRACTOR:
AGE c���t EnCAI v,tPe�,el�ii;44
Witnessed:
By By: SC2.
Aowso� R.
[name ol signatory]
3 of 27
ATTESTED:
By: 1 ff 4
Nkenga Payne
City Clerk
Read and Approved as to Form, Language,
Legality and Exertion Ther-q,f
City Attorney
CITY OF SOUTH MIAM
By:
_,even Alexander
�City Manager
END OF SECTION
39 of 43
4 of 27
EXHIBIT #1
Scope of Services
Attachment A
"STEM SUMMER PROGRAM ADMINISTRATOR"
ITQ #PR2019-06
The City of South Miami is seeking proposals from experienced and capable parties to administer
Science, Technology, Engineering, and Math (STEM) programming at the Gibson -Bethel
Community Center, located at 5800 SW 66' Street, South Miami, FL 33143.
The work specified in this Invitation to Quote (ITQ) shall consists of furnishing all goods,
materials, supplies, staffing, and services, including but not limited to activity instruction per
specifications.
The Contractor shall supply and administer two class options this summer.
a.) Summer Camp: Eighteen (18) sixty -minute (60) structured STEM program
activities/classes during the eight (8) week period, designed for ages 5 to 12. A maximum
of twenty-five (25) participants per activity/class.
b.) Teen Program: Eight (8) sixty -minute (60) structed STEM class during the eight (8)
week period designed for youth ages 12-16. A maximum of twenty-five (25) students per
activity/class.
Structured STEM activity classes shall allow students to design, create, test, and improve solutions
to real world engineering challenges. Classes must be hands-on learning that is driven by
exploratory and discovery experiences.
1. PROGRAM SPECIFICATIONS
Program lessons must be age -appropriated for students 5-12 (summer camp) and 12-16
(teen program) and include different disciplines of engineering including aerospace, civil,
marine, robotics, industrial, environmental, chemical and mechanical. The curriculum must
meet national standards in science (NSES), technology and engineering (ITEEA), and
mathematics (NCTM). Children in the program should be able to take home a product
from at least two (2) of the activities provided. Instruction should be carried out by a
minimum of two (2) instructors for each activity.
II. INSTRUCTIONS
• Responses should include examples of program lesson plans, class pricing, and
previously executed program summaries and photos.
• Please include the following information with your proposal: Completed Vendor
Application Form, Full name and company name (if applicable), contact phone number,
physical address, website, social media and e-mail address.
• Resume of instructors or business team.
• Attach three to five reference letters from organizations with which you have done
business.
5 of 27
111. BACKGROUND SCREENING
All selected Respondents personnel and volunteers who provide any services or related
activities must be in compliance with Level II Background Screening and fingerprinting
requirements as per Exhibit "I" Scope of Services, "Attachment C,"
Background Screening, Florida Statues, Chapter 435," including but not limited
to Florida Statute 435.04, Employment Screening, prior to the scheduled start of
employment or volunteerism. A violation of this requirement shall constitute a substantial
breach of the agreement.
IV. SITE LOCATION
Gibson -Bethel Community Center, located at 5800 SW 66`' Street, South Miami, FL
33143.
V. PROJECT DURATION
The program will occur between June 241h and August I61''. 2019. 8 weeks.
6 of 27
EXHIBIT I
SCOPE OF SERVICES
ATTACHMENT C
ITQ #PR2019-06
"BACKGROUND SCREENING, FLORIDA STATUES, CHAPTER 436"
7 of 27
2018 FLORIDA STATUES
TITLE XXXI
LABOR
CHAPTER 435
EMPLOYMENT SCREENING
435.01 Applicability of this chapter; statutory references; rulemaking.
435.02 Definitions.
435.03 Level I screening standards.
435.04 Level 2 screening standards.
435.05 Requirements for covered employees and employers.
435.06 Exclusion from employment
435.07 Exemptions from disqualification.
435.08 Payment for processing of fingerprints and state criminal records checks.
435.09 Confidentiality of personnel background check information.
435.10 Sharing of personnel information among employers.
435.11 Penalties.
435.12 Care Provider Background Screening Clearinghouse.
435.01 Applicability of this chapter; statutory references; rulemaking.—
(1)(a) Unless otherwise provided by law, whenever a background screening for
employment or a background security check is required by law to be conducted pursuant to
this chapter, the provisions of this chapter apply.
(b) Unless expressly provided otherwise, a reference in any section of the Florida Statutes
to chapter 435 or to any section or sections or portion of a section of chapter 435 includes all
subsequent amendments to chapter 435 or to the referenced section or sections or portions of
a section. The purpose of this chapter is to facilitate uniform background screening and, to this
end, a reference to this chapter, or to any section or subdivision within this chapter, constitutes
a general reference under the doctrine of incorporation by reference.
(2) Agencies may adopt rules to administer this chapter.
History.—s. 47, ch. 95-228; s. 35, ch. 2010-1 14.
435.02 Definitions. —For the purposes of this chapter, the term:
(1) "Agency" means any state, county, or municipal agency that grants licenses or
registration permitting the operation of an employer or is itself an employer or that otherwise
facilitates the screening of employees pursuant to this chapter. If there is no state agency or the
8 of 27
municipal or county agency chooses not to conduct employment screening, "agency" means the
Department of Children and Families.
(2) "Employee" means any person required by law to be screened pursuant to this chapter,
including, but not limited to, persons who are contractors, licensees, or volunteers.
(3) "Employer" means any person or entity required by law to conduct screening of
employees pursuant to this chapter.
(4) "Employment" means any activity or service sought to be performed by an employee
which requires the employee to be screened pursuant to this chapter.
(5) "Specified agency" means the Department of Health, the Department of Children and
Families, the Division of Vocational Rehabilitation within the Department of Education, the
Agency for Health Care Administration, the Department of Elderly Affairs, the Department of
juvenile justice, the Agency for Persons with Disabilities, and local licensing agencies approved
pursuant to s. 402.307, when these agencies are conducting state and national criminal history
background screening on persons who work with children or persons who are elderly or
disabled.
(6) "Vulnerable person" means a minor as defined in s. 1.01 or a vulnerable adult as defined
in s. 415.102.
History.—s. 47, ch. 95-228; s. 207, ch. 99-8; s. 36, ch. 2010-1 14; s. 9, ch. 2012-73; s. 257, ch.
2014-19; s. 10, ch. 2015-79.
435.03 Level I screening standards.—
(1) All employees required by law to be screened pursuant to this section must undergo
background screening as a condition of employment and continued employment which includes,
but need not be limited to, employment history checks and statewide criminal correspondence
checks through the Department of Law Enforcement, and a check of the Dru Sjodin National
Sex Offender Public Website, and may include local criminal records checks through local law
enforcement agencies.
(2) Any person required by law to be screened pursuant to this section must not have an
arrest awaiting final disposition, must not have been found guilty of, regardless of adjudication,
or entered a plea of nolo contendere or guilty to, and must not have been adjudicated
delinquent and the record has not been sealed or expunged for, any offense prohibited under s.
435.04(2) or similar law of another jurisdiction.
(3) The security background investigations under this section must ensure that no person
subject to this section has been found guilty of, regardless of adjudication, or entered a plea of
nolo contendere or guilty to, any offense that constitutes domestic violence as defined in s.
741.28, whether such act was committed in this state or in another jurisdiction.
9 of 27
History.—s. 47, ch. 95-228; s. 15, ch. 96-268; s. 21, ch. 96-322; s. 3, ch. 98-417; s. 87, ch.
2000-153; s. 45, ch. 2000-349; s. 62, ch. 2001-62; s. 50, ch. 2003-1; s. 4, ch. 2004-267; s. 3, ch.
2005-119; s. 89, ch. 2006-197; s. 61, ch. 2006-227; s. 109, ch. 2007-5; s. 16, ch. 2008-244; s. 37,
ch. 2010-1 14; s. 34, ch. 2011-4.
435.04 Level 2 screening standards.—
(1)(a) All employees required by law to be screened pursuant to this section must
undergo security background investigations as a condition of employment and continued
employment which includes, but need not be limited to, fingerprinting for statewide
criminal history records checks through the Department of Law Enforcement, and
national criminal history records checks through the Federal Bureau of Investigation, and
may include local criminal records checks through local law enforcement agencies.
(b) Fingerprints submitted pursuant to this section on or after July 1, 2012, must be
submitted electronically to the Department of Low Enforcement.
(c) An agency may contract with one or more vendors to perform all or part of the
electronic fingerprinting pursuant to this section. Such contracts must ensure that the
owners and personnel of the vendor performing the electronic fingerprinting are
qualified and will ensure the integrity and security of all personal information.
(d) An agency may require by rule that fingerprints submitted pursuant to this
section must be submitted electronically to the Department of Low Enforcement on a
date earlier than July 1, 2012.
(e) Vendors who submit fingerprints on behalf of employers must:
1. Meet the requirements of s. 943.053; and
2. Have the ability to communicate electronically with the state agency accepting
screening results from the Department of Law Enforcement and provide the applicant's
full first name, middle initial, and last name; social security number or individual
taxpayer identification number; date of birth; mailing address; sex; and race.
(2) The security background investigations under this section must ensure that no
persons subject to the provisions of this section have been arrested for and are awaiting
final disposition of, have been found guilty of, regardless of adjudication, or entered a
plea of nolo contendere or guilty to, or have been adjudicated delinquent and the record
has not been sealed or expunged for, any offense prohibited under any of the following
provisions of state law or similar law of another jurisdiction:
(a) Section 393.135, relating to sexual misconduct with certain developmentally
disabled clients and reporting of such sexual misconduct.
(b) Section 394.4593, relating to sexual misconduct with certain mental health
patients and reporting of such sexual misconduct.
10 of 27
(c) Section 415.111, relating to adult abuse, neglect, or exploitation of aged persons
or disabled adults.
(d) Section 777.04, relating to attempts, solicitation, and conspiracy to commit an
offense listed in this subsection.
(e) Section 782.04, relating to murder.
(fl Section 782.07, relating to manslaughter, aggravated manslaughter of an elderly
person or disabled adult, or aggravated manslaughter of a child.
(g) Section 782.071, relating to vehicular homicide.
(h) Section 782.09, relating to killing of an unborn child by injury to the mother.
(i) Chapter 784, relating to assault, battery, and culpable negligence, if the offense
was a felony.
0) Section 784.011, relating to assault, if the victim of the offense was a minor.
(k) Section 784.03, relating to battery, if the victim of the offense was a minor.
(1) Section 787.01, relating to kidnapping.
(m) Section 787.02, relating to false imprisonment.
(n) Section 787.02S, relating to luring or enticing a child.
(o) Section 787.04(2), relating to taking enticing or removing a child beyond the
state limits with criminal intent pending custody proceedings.
(p) Section 787.04(3), relating to carrying a child beyond the state lines with criminal
intent to avoid producing a child at a custody hearing or delivering the child to the
designated person.
(q) Section 790.11 S(1), relating to exhibiting firearms or weapons within 1,000 feet
of a school.
(r) Section 790.115(2)(b), relating to possessing an electric weapon or device,
destructive device, or other weapon on school property.
(s) Section 794.011, relating to sexual battery.
(t) Former s. 794.041, relating to prohibited acts of persons in familial or custodial
authority.
(u) Section 794.OS, relating to unlawful sexual activity with certain minors.
(v) Chapter 796, relating to prostitution.
(w) Section 798.02, relating to lewd and lascivious behavior.
(x) Chapter 800, relating to lewdness and indecent exposure.
(y) Section 806.01, relating to arson.
(z) Section 810.02, relating to burglary.
(aa) Section 810.14, relating to voyeurism, if the offense is a felony.
(bb) Section 810.14S, relating to video voyeurism, if the offense is a felony.
11 of 27
(cc) Chapter 812, relating to theft, robbery, and related crimes, if the offense is a
felony.
(dd) Section 817.563, relating to fraudulent sale of controlled substances, only if the
offense was a felony.
(ee) Section 825.102, relating to abuse, aggravated abuse, or neglect of an elderly
person or disabled adult.
(f f) Section 825.102S, relating to lewd or lascivious offenses committed upon or in
the presence of an elderly person or disabled adult.
(gg) Section 82S.103, relating to exploitation of an elderly person or disabled adult,
if the offense was a felony.
(hh) Section 826.04, relating to incest.
(ii) Section 827.03, relating to child abuse, aggravated child abuse, or neglect of a
child.
6j) Section 827.04, relating to contributing to the delinquency or dependency of a
child.
(kk) former s. 827.05, relating to negligent treatment of children.
(11) Section 827.071, relating to sexual performance by a child.
(mm) Section 843.01, relating to resisting arrest with violence.
(nn) Section 843.025, relating to depriving a law enforcement, correctional, or
correctional probation officer means of protection or communication.
(oo) Section 843.12, relating to aiding in an escape.
(pp) Section 843.13, relating to aiding in the escape o f juvenile inmates in
correctional institutions.
(qq) Chapter 847, relating to obscene literature.
(rr) Section 874.OS, relating to encouraging or recruiting another to join a criminal
gang.
(ss) Chapter 893, relating to drug abuse prevention and control, only if the offense
was a felony or if any other person involved in the offense was a minor.
(tt) Section 916.107S, relating to sexual misconduct with certain forensic clients and
reporting of such sexual misconduct.
(uu) Section 944.35(3), relating to inflicting cruel or inhuman treatment on an
inmate resulting in great bodily harm.
(vv) Section 944.40, relating to escape.
(ww) Section 944.46, relating to harboring concealing, or aiding an escaped
prisoner.
12 of 27
(xx) Section 944.47, relating to introduction of contraband into a correctional
facility.
(yy) Section 985.701, relating to sexual misconduct in juvenile justice programs.
(zz) Section 985.711, relating to contraband introduced into detention facilities.
(3) The security background investigations under this section must ensure that no
person subject to this section has been arrested for and is awaiting final disposition of,
been found guilty of, regardless of adjudication, or entered a plea of nolo contendere or
guilty to, any offense that constitutes domestic violence as defined in s. 741.28, whether
such act was committed in this state or in another jurisdiction.
(4) For the purpose of screening applicability to participate in the Medicaid
program, the security background investigations under this section must ensure that a
person subject to screening under this section has not been arrested for and is not
awaiting final disposition of,- has not been found guilty of, regardless of adjudication, or
entered a plea of nolo contendere or guilty to; and has not been adjudicated delinquent
and the record sealed or expunged for, any of the following offenses. -
(a) Violation of a federal law or a law in any state which creates a criminal offense
relating to:
1. The delivery of any goods or services under Medicaid or Medicare or any other
public or private health care or health insurance program, including the performance of
management or administrative services relating to the delivery of goods or services under
any such program;
2. Neglect or abuse of a patient in connection with the delivery of any health care
good or service;
3. Unlawful manufacture, distribution, prescription, or dispensing of a controlled
substance;
4. Fraud, theft, embezzlement, breach of fiduciary responsibility, or other financial
misconduct;
S. Moral turpitude, if punishable by imprisonment of a year or more; or
6. Interference with or obstruction of an investigation into any criminal offense
identified in this subsection.
(b) Violation of the following state laws or laws of another jurisdiction:
1. Section 817.S69, criminal use of a public record or information contained in a
public record;
2. Section 838.016, unlawful compensation or reward for official behavior;
3. Section 838.021, corruption by threat against a public servant;
4. Section 838.022, official misconduct;
13 of 27
5. Section 838.22, bid tampering;
6. Section 839.13, falsifying records; or
7. Section 839.26, misuse of confidential information.
(c) Violation of a federal or state law, rule, or regulation governing the Florida
Medicaid program or any other state Medicaid program, the Medicare program, or any
other publicly funded federal or state health care or health insurance program.
History.—s. 47, ch. 95-228; s. 16, ch. 96-268; s. 22, ch. 96-322; s. 4, ch. 98-417; s. 5, ch.
99-284; s. 88, ch. 2000-1S3, s. 7, ch. 2001-125; s. 5, ch. 2004-267; s. 4, ch. 2005-119; S.
111, ch. 2006-120; s. 90, ch. 2006-197; s. 110, ch. 2007-5; s. 3, ch. 2007-112; s. 66, ch.
2009-223; s. 6, ch. 2010-31; s. 38, ch. 2010-114; s. 10, ch. 2012-73; s. 4, ch. 2013-80; s. 6,
ch. 2014-84; s. 4, ch. 2014-194; s. 3, ch. 2016-162; s. 19, ch. 2017-37; s. 89, ch. 2018-24.
435.05 Requirements for covered employees and employers. —Except as
otherwise provided by law, the following requirements apply to covered employees and
employers:
(1)(a) Every person required by law to be screened pursuant to this chapter must submit a
complete set of information necessary to conduct a screening under this chapter.
(b) For level I screening, the employer must submit the information necessary for
screening to the Department of Law Enforcement within 5 working days after receiving it. The
Department of Law Enforcement shall conduct a search of its records and respond to the
employer or agency. The employer must inform the employee whether screening has revealed
any disqualifying information.
(c) For level 2 screening, the employer or agency must submit the information necessary
for screening to the Department of Law Enforcement within 5 working days after receiving it.
The Department of Law Enforcement shall perform a criminal history record check of its
records and request that the Federal Bureau of Investigation perform a national criminal history
record check of its records for each employee for whom the request is made. The Department
of Law Enforcement shall respond to the employer or agency, and the employer or agency
must inform the employee whether screening has revealed disqualifying information.
(d) The person whose background is being checked must supply any missing criminal or
other necessary information upon request to the requesting employer or agency within 30 days
after receiving the request for the information.
(2) Every employee must attest, subject to penalty of perjury, to meeting the requirements
for qualifying for employment pursuant to this chapter and agreeing to inform the employer
immediately if arrested for any of the disqualifying offenses while employed by the employer.
(3) Each employer licensed or registered with an agency must conduct level 2 background
screening and must submit to the agency annually or at the time of license renewal, under
14 of 27
penalty of perjury, a signed attestation attesting to compliance with the provisions of this
chapter.
History. s. 47, ch. 95-228; s. 208, ch. 99-8; s. 46, ch. 2000-349; s. 63, ch. 2001-62; s. 21, ch.
2004-267; s. 67, ch. 2009-223; s. 39, ch. 2010-1 14; s. 7, ch. 2014-84.
435.06 Exclusion from employment.—
(1) If an employer or agency has reasonable cause to believe that grounds exist for the
denial or termination of employment of any employee as a result of background screening, it
shall notify the employee in writing, stating the specific record that indicates noncompliance
with the standards in this chapter. It is the responsibility of the affected employee to contest his
or her disqualification or to request exemption from disqualification. The only basis for
contesting the disqualification is proof of mistaken identity.
(2)(a) An employer may not hire, select, or otherwise allow an employee to have contact
with any vulnerable person that would place the employee in a role that requires background
screening until the screening process is completed and demonstrates the absence of any
grounds for the denial or termination of employment. If the screening process shows any
grounds for the denial or termination of employment, the employer may not hire, select, or
otherwise allow the employee to have contact with any vulnerable person that would place the
employee in a role that requires background screening unless the employee is granted an
exemption for the disqualification by the agency as provided under s. 435.07.
(b) If an employer becomes aware that an employee has been arrested for a disqualifying
offense, the employer must remove the employee from contact with any vulnerable person that
places the employee in a role that requires background screening until the arrest is resolved in
a way that the employer determines that the employee is still eligible for employment under
this chapter.
(c) The employer must terminate the employment of any of its personnel found to be in
noncompliance with the minimum standards of this chapter or place the employee in a position
for which background screening is not required unless the employee is granted an exemption
from disqualification pursuant to s. 435.07.
(d) An employer may hire an employee to a position that requires background screening
before the employee completes the screening process for training and orientation purposes.
However, the employee may not have direct contact with vulnerable persons until the
screening process is completed and the employee demonstrates that he or she exhibits no
behaviors that warrant the denial or termination of employment.
(3) Any employee who refuses to cooperate in such screening or refuses to timely submit
the information necessary to complete the screening, including fingerprints if required, must be
disqualified for employment in such position or, if employed, must be dismissed.
15 of 27
(4) There is no reemployment assistance or other monetary liability on the part of, and no
cause of action for damages against, an employer that, upon notice of a conviction or arrest for
a disqualifying offense listed under this chapter, terminates the person against whom the report
was issued or who was arrested, regardless of whether or not that person has filed for an
exemption pursuant to this chapter.
History.—s. 47, ch. 95-228; s. 40, ch. 2010-1 14; s. 65, ch. 2012-30; s. 11, ch. 2012-73.
435.07 Exemptions from disqualification. —Unless otherwise provided by law, the
provisions of this section apply to exemptions from disqualification for disqualifying offenses
revealed pursuant to background screenings required under this chapter, regardless of whether
those disqualifying offenses are listed in this chapter or other laws.
(1)(a) The head of the appropriate agency may grant to any employee otherwise disqualified
from employment an exemption from disqualification for:
1. Felonies for which at least 3 years have elapsed since the applicant for the exemption has
completed or been lawfully released from confinement, supervision, or nonmonetary condition
imposed by the court for the disqualifying felony;
2. Misdemeanors prohibited under any of the statutes cited in this chapter or under similar
statutes of other jurisdictions for which the applicant for the exemption has completed or been
lawfully released from confinement, supervision, or nonmonetary condition imposed by the
court;
3. Offenses that were felonies when committed but that are now misdemeanors and for
which the applicant for the exemption has completed or been lawfully released from
confinement, supervision, or nonmonetary condition imposed by the court; or
4. Findings of delinquency. For offenses that would be felonies if committed by an adult and
the record has not been sealed or expunged, the exemption may not be granted until at least 3
years have elapsed since the applicant for the exemption has completed or been lawfully
released from confinement, supervision, or nonmonetary condition imposed by the court for
the disqualifying offense.
(b) A person applying for an exemption who was ordered to pay any amount for any fee,
fine, fund, lien, civil judgment, application, costs of prosecution, trust, or restitution as part of
the judgment and sentence for any disqualifying felony or misdemeanor must pay the court -
ordered amount in full before he or she is eligible for the exemption.
For the purposes of this subsection, the term "felonies" means both felonies prohibited under
any of the statutes cited in this chapter or under similar statutes of other jurisdictions.
(2) Persons employed, or applicants for employment, by treatment providers who treat
adolescents 13 years of age and older who are disqualified from employment solely because of
16 of 27
crimes under s. 817.563, s. 893.13, or s. 893.147 may be exempted from disqualification from
employment pursuant to this chapter without application of the waiting period in subparagraph
(1)(a)1.
(3)(a) In order for the head of an agency to grant an exemption to any employee, the
employee must demonstrate by clear and convincing evidence that the employee should not be
disqualified from employment. Employees seeking an exemption have the burden of setting
forth clear and convincing evidence of rehabilitation, including, but not limited to, the
circumstances surrounding the criminal incident for which an exemption is sought, the time
period that has elapsed since the incident, the nature of the harm caused to the victim, and the
history of the employee since the incident, or any other evidence or circumstances indicating
that the employee will not present a danger if employment or continued employment is
allowed.
(b) The agency may consider as part of its deliberations of the employee's rehabilitation the
fact that the employee has, subsequent to the conviction for the disqualifying offense for which
the exemption is being sought, been arrested for or convicted of another crime, even if that
crime is not a disqualifying offense.
(c) The decision of the head of an agency regarding an exemption may be contested
through the hearing procedures set forth in chapter 120. The standard of review by the
administrative law judge is whether the agency's intended action is an abuse of discretion.
(4)(a) Disqualification from employment under this chapter may not be removed from, nor
may an exemption be granted to, any personnel who is found guilty of, regardless of
adjudication, or who has entered a plea of nolo contendere or guilty to, any felony covered by
s. 435.03 or s. 435.04 solely by reason of any pardon, executive clemency, or restoration of civil
rights.
(b) Disqualification from employment under this chapter may not be removed from, nor
may an exemption be granted to, any person who is a:
1. Sexual predator as designated pursuant to s. 775.21;
2. Career offender pursuant to s. 775.261; or
3. Sexual offender pursuant to s. 943.0435, unless the requirement to register as a sexual
offender has been removed pursuant to s. 943.04354.
(c) Disqualification from employment under this chapter may not be removed from, and an
exemption may not be granted to, any current or prospective child care personnel, as defined
in s. 402.302(3), and such a person is disqualified from employment as child care personnel,
regardless of any previous exemptions from disqualification, if the person has been registered as
a sex offender as described in 42 U.S.C. s. 9858f(c)(1)(C) or has been arrested for and is
awaiting final disposition of, has been convicted or found guilty of, or entered a plea of guilty or
17 of 27
nolo contendere to, regardless of adjudication, or has been adjudicated delinquent and the
record has not been sealed or expunged for, any offense prohibited under any of the following
provisions of state law or a similar law of another jurisdiction:
1. A felony offense prohibited under any of the following statutes:
a. Chapter 741, relating to domestic violence.
b. Section 782.04, relating to murder.
c. Section 782.07, relating to manslaughter, aggravated manslaughter of an elderly person or
disabled adult, aggravated manslaughter of a child, or aggravated manslaughter of an officer, a
firefighter, an emergency medical technician, or a paramedic.
d. Section 784.021, relating to aggravated assault.
e. Section 784.045, relating to aggravated battery.
f. Section 787.01, relating to kidnapping.
g. Section 787.025, relating to luring or enticing a child.
h. Section 787.04(2), relating to leading, taking, enticing, or removing a minor beyond the
state limits, or concealing the location of a minor, with criminal intent pending custody
proceedings.
i. Section 787.04(3), relating to leading, taking, enticing, or removing a minor beyond the
state limits, or concealing the location of a minor, with criminal intent pending dependency
proceedings or proceedings concerning alleged abuse or neglect of a minor.
J. Section 794.011, relating to sexual battery.
k. Former s. 794.041, relating to sexual activity with or solicitation of a child by a person in
familial or custodial authority.
I. Section 794.05, relating to unlawful sexual activity with certain minors.
m. Section 794.08, relating to female genital mutilation.
n. Section 806.01, relating to arson.
o. Section 826.04, relating to incest.
p. Section 827.03, relating to child abuse, aggravated child abuse, or neglect of a child.
q. Section 827.04, relating to contributing to the delinquency or dependency of a child.
r. Section 827.071, relating to sexual performance by a child.
s. Chapter 847, relating to child pornography.
t. Chapter 893, relating to a drug abuse prevention and control offense, if that offense was
committed in the preceding 5 years.
u. Section 985.701, relating to sexual misconduct in juvenile justice programs.
2. A misdemeanor offense prohibited under any of the following statutes:
a. Section 784.03, relating to battery, if the victim of the offense was a minor.
b. Section 787.025, relating to luring or enticing a child.
18 of 27
c. Chapter 847, relating to child pornography.
3. A criminal act committed in another state or under federal law which, if committed in
this state, constitutes an offense prohibited under any statute listed in subparagraph 1. or
subparagraph 2.
(5) Exemptions granted by one agency shall be considered by subsequent agencies, but are
not binding on the subsequent agency.
History.—s. 47, ch. 95-228; s. 47, ch. 2000-349; s. 64, ch. 2001-62; s. 29, ch. 2004-267; s. 9,
ch. 2005-128; s. 41, ch. 2010-114; s. 8, ch. 2014-84; ss. 1, 3, ch. 2016-98; s. 26, ch. 2016-104; s.
37, ch. 2016-105; s. 15, ch. 2016-238; s. 20, ch. 2017-37; s. 26, ch. 2018-103.
435.08 Payment for processing of fingerprints and state criminal records
checks. —The employer or the employee is responsible for paying the costs of screening.
Payment shall be submitted to the Department of Law Enforcement with the request for
screening. The appropriate agency is responsible for collecting and paying any fee related to
fingerprints retained on its behalf to the Department of Law Enforcement for costs resulting
from the fingerprint information retention services. The amount of the annual fee and
procedures for the submission and retention of fingerprint information and for the
dissemination of search results shall be established by rule of the Department of Law
Enforcement.
History.—s. 47, ch. 95-228; s. 209, ch. 99-8; s. 48, ch. 2000-349; s. 42, ch. 2010-1 14.
435.09 Confidentiality of personnel background check information. —No criminal
or juvenile information obtained under this section may be used for any purpose other than
determining whether persons meet the minimum standards for employment or for an owner or
director of a covered service provider. The criminal records and juvenile records obtained by
the department or by an employer are exempt from s. 1 19.07(I ).
History.—s. 47, ch. 95-228; s. 282, ch. 96406; s. 49, ch. 2000-349.
435.10 Sharing of personnel information among employers. —Every employer of
employees covered by this chapter shall furnish copies of personnel records for employees or
former employees to any other employer requesting this information pursuant to this section.
Information contained in the records may include, but is not limited to, disciplinary matters and
any reason for termination. Any employer releasing such records pursuant to this chapter shall
be considered to be acting in good faith and may not be held liable for information contained in
such records, absent a showing that the employer maliciously falsified such records.
History.--s. 47, ch. 95-228.
435.11 Penalties.—
(1) It is a misdemeanor of the first degree, punishable as provided in s. 775.082 or s.
775.083, for any person willfully, knowingly, or intentionally to:
19 of 27
(a) Fail, by false statement, misrepresentation, impersonation, or other fraudulent means, to
disclose in any application for voluntary or paid employment a material fact used in making a
determination as to such person's qualifications for a position of special trust.
(b) Use records information for purposes other than screening for employment or release
records information to other persons for purposes other than screening for employment
(2) It is a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s.
775.084, for any person willfully, knowingly, or intentionally to use juvenile records information
for any purposes other than specified in this section or to release such information to other
persons for purposes other than specified in this section.
History.—s. 47, ch. 95-228; s. 283, ch. 96-406.
435.12 Care Provider Background Screening Clearinghouse.
-
(1) The Agency for Health Care Administration in consultation with the Department of
Law Enforcement shall create a secure web -based system, which shall be known as the "Care
Provider Background Screening Clearinghouse" or "clearinghouse," and which shall be
implemented to the full extent practicable no later than September 30, 2013, subject to the
specified agencies being funded and equipped to participate in such program. The clearinghouse
shall allow the results of criminal history checks provided to the specified agencies for screening
of persons qualified as care providers under s. 943.0542 to be shared among the specified
agencies when a person has applied to volunteer, be employed, be licensed, or enter into a
contract that requires a state and national fingerprint -based criminal history check. The Agency
for Health Care Administration and the Department of Law Enforcement may adopt rules to
create forms or implement procedures needed to carry out this section.
(2)(a) To ensure that the information in the clearinghouse is current, the fingerprints of an
employee required to be screened by a specified agency and included in the clearinghouse must
be:
1. Retained by the Department of Law Enforcement pursuant to s. 943.05(2)(g) and (h) and
(3), and the Department of Law Enforcement must report the results of searching those
fingerprints against state incoming arrest fingerprint submissions to the Agency for Health Care
Administration for inclusion in the clearinghouse.
2. Retained by the Federal Bureau of Investigation in the national retained print arrest
notification program as soon as the Department of Law Enforcement begins participation in
such program. Arrest prints will be searched against retained prints at the Federal Bureau of
Investigation and notification of arrests will be forwarded to the Florida Department of Law
Enforcement and reported to the Agency for Health Care Administration for inclusion in the
clearinghouse.
20 of 27
3. Resubmitted for a Federal Bureau of Investigation national criminal history check every 5
years until such time as the fingerprints are retained by the Federal Bureau of Investigation.
4. Subject to retention on a 5-year renewal basis with fees collected at the time of initial
submission or resubmission of fingerprints.
5. Submitted with a photograph of the person taken at the time the fingerprints are
submitted.
(b) Until such time as the fingerprints are enrolled in the national retained print arrest
notification program at the Federal Bureau of Investigation, an employee with a break in service
of more than 90 days from a position that requires screening by a specified agency must submit
to a national screening if the person returns to a position that requires screening by a specified
agency.
(c) An employer of persons subject to screening by a specified agency must register with
the clearinghouse and maintain the employment status of all employees within the
clearinghouse. Initial employment status and any changes in status must be reported within 10
business days.
(d) An employer must register with and initiate all criminal history checks through the
clearinghouse before referring an employee or potential employee for electronic fingerprint
submission to the Department of Law Enforcement The registration must include the
employee's full first name, middle initial, and last name; social security number; date of birth;
mailing address; sex; and race. Individuals, persons, applicants, and controlling interests that
cannot legally obtain a social security number must provide an individual taxpayer identification
number.
(3) An employee who has undergone a fingerprint -based criminal history check by a
specified agency before the clearinghouse is operational is not required to be checked again
solely for the purpose of entry in the clearinghouse. Every employee who is or will become
subject to fingerprint -based criminal history checks to be eligible to be licensed, have their
license renewed, or meet screening or rescreening requirements by a specified agency once the
specified agency participates in the clearinghouse shall be subject to the requirements of this
section with respect to entry of records in the clearinghouse and retention of fingerprints for
reporting the results of searching against state incoming arrest fingerprint submissions.
History.—s. 12, ch. 2012-73; s. 9, ch. 2014-84.
21 of 27
CITY OF SOUTH MIAMI
� INVITATION TO QUOTE
South'' Miami ITQ aPR2019.06
SUBMITTEDTO: City Clerk
NAME: Nkenga Payne, CIVIC
PROJECT:
STEM SUMMER PROGRAM ADMINISTRATOR
ADDRESS: Gibson-Bethal Community Ctr.
5800 SW 66th Street
ADDRESS: 6130 Sunset Drive
CITY/STATE:
South Miami, FL 33143
CITY/STATE: Miami, Florida 33234
ISSUE DATE:
May 17, 2019
PHONE: 305-663-6339
E-MAIL:
skulick0southmiamin.aov.
MANDATORY PRE -QUOTE MEETING: NONE SCHEDULED
DUE DATE:
10.00 AM; May 31,2019
QUOTE SUBMISSION REQUIREMENTS: (REFER TO EXHIBIT 2 "SUBMISSION REQUIREMENTS"1
Quotes submitted after 10 AM on the due date will not be accepted unless otherwise specified in the quote document
of a time change. All quotes will be submitted to the City Clerks Office in a sealed envelope. The label on the on the
envelope must read as follows:
city of South Miami
Nkenga Payne, CMC
6130 Sunset Drive
South Miami, FI. 33143
PROJECT NAME: "STEM SUMMER PROGRAM ADMINISTRATOR'
Must input project name. If label does not have all Information above your quote will not be accepted.
The CITY'S insurance requirements are attached (Exhibit 4). As a condition of award, the awarded vendor must provide a
certificate of Insurance naming the city as additional insured.
AFFIDAVITS & CONTRACT REQUIRED WITH SUBMITTAL: (Exhibit 21
Respondents must complete and submit with your quote affidavits provided in Exhibit 2.
QUESTIONS:
Any Requests for additional Information or questions must be in writing, emalied by 10 AM local time on May 24, 2019 to the
attention of Mr. Steven Kulick, Chief Procurement Officer at skulick@southmlamifl.gov.
REFER TO ATTACHMENT A "SCOPE OF SERVICES," COPY ATTACHED
DESCRIPTION OF WORK TO BE PERFORMED BY CONSULTANT: '
Item Number
Item Description
TOTAL
RESPONDENTS SHALL SUBMIT THEIR QUOTATION BY
REFER TO EXHIBIT 1, ATTACHMENT B, "BID
FORM"
COMPLETING EXHIBIT 1, ATTACHMENT B, "BID FORM"
Respondent shall furnish all materials and equipment necessary to secure completion of the work. Respondent shall be
compensated according to the quote submitted. Respondent may choose to submit a quote on company letterhead
but must be attached to this form.
Deadline to submit Is: May 31, 2019 by 30 AM.
Printfrype Name: ill Phone:
Signature: Cl.V7 Date:
E-mall: nP-1/,� Fax:
Firm Name: E F.E.I.N. No.: _
Address: City: State: FI _ r2,�1Tti
THE EXECUTION OF THIS FORM CONSTINTESTHE UNEQUIVOCAL OFFER OF PROPOSER TO BE BOUND"THE TERMS OF ITS PROPOSAL FAILURE TO SIGN THIS SOUCOANON WHERE INDICATED ABOVE "AN
AUTHORMDREPRESEMATNES"URENDERTHEPROPOSALNON-RESPONSIVE THECA Y.HOWEVER.INm50IEDIKRENON.ACa"ANTPROPOSALTHATINaUMANEXECUTEOOMUMEMWHI0
UNEQUIVOCALLY BIRDS THE PROPOSER TO THETERMS OF ITS OFFER. ME CITY REQUESTFOR MOM IS FOR THE LOWESTMFD MOST RESPONSIVE PRICE. THE CrY RESERVESTHE MGHTTOAWARDTHE
PROJECT TO THE FIRM CONSIDERED THE BETEMSERVE THE CEYS INTEREST.
THE C" RESERVES THE RIGHT T9 AWARD ME PROJECTTO THE PERSON WITH THE LOWEST, MOST RESPONSIVE, RESPONSIBLE PROMSAI, AS DETERMINED BY ME CITY TO WAIVE ANY IRREGULAR" W THE
PROPOSALS OR SOLICITATION PROCEDURE AND SUMECTALSO TO ME RIGHT OFTHE CnYTOAWARDME PROJECR AND EXECUTE A CONTRACTWITH A RESPONDENT OR RESPONDENTS, OTHERMAN TO THE
ONE WHO PRONDEDMIL LOWEST n1OSAL OR PRICE OR, IFTHE SCOPE OF WORK IS Devi INTO DISTINCT SUBDIVISIONS, TO AWARD EACH SUMMON TO A SEPARATE RESPONDENT
RESPONDENT ACCEPTS ALL OFTNE TERMS AND CONDMONS OF THE SW OTATION AND QUOTE SUBMISSION REQUIREMENTS. THIS PROPOSAL Wilt REMAIN SUSPECT TO ACCEPTANCE FOR 180 CALENOAR DAYS
AFTERTHE PROPOSAL DIMMING. ME RESPONDENT, BY SIGNING ANDSUBMITTIN6M15 PROPOSAL, AGMUTOALLTHETCRMS AND CONDITIONS OFTHE FORM CONIRACTTHAT 15 A PART OFTHE SOUCITATION
PACKAGE WITH APPROPIATF CHANGES TO CONFORM TO THE INFORMATON CONTAINED IN THIS INVITATION TO QUOTE.
:irMlyL:
EXHIBIT #I
Attachment B
Scope of Services
"STEM SUMMER PROGRAM ADMINISTRATOR"
ITQ #PR2019-06
BID FORM
STEM CLASSES
Unit Cost Per Class
Total Classes
Summer Camp:
Eighteen (18) sixty -
minute (60)
structured STEM
program
activities/classes during
the eight (8) week period,
designed for ages 5 to 12.
A maximum of twenty-
five (25) participants per
activity/class.
Teen Program: Eight
(8) sixty -minute (60)
structed STEM class
during the eight (8) week
period designed for youth
ages 12-16. A maximum of
twenty-five (25) students
per activity/class.
TOTAL FOR 26 CLASSES $ 6 r � c O 0D
za�C&74�
EXHIBIT 4
STEM SUMMER PROGRAM ADMININSTRATOR
ITQ #PR2019-06
Insurance & Indemnification Requirements
1.01 Insurance
A. Without limiting its liability, the contractor, consultant or consulting firm (hereinafter referred to as
"FIRM" with regard to Insurance and Indemnification requirements) shall be required to procure and
maintain at its own expense during the life of the Contract, insurance of the types and in the minimum
amounts stated below as will protect the FIRM, from claims which may arise out of or result from the
contract or the performance of the contract with the City of South Miami, whether such claim is against
the FIRM or any sub -contractor, or by anyone directly or indirectly employed by any of them or by
anyone for whose acts any of them may be liable.
B. No insurance required by the CITY shall be issued or written by a surplus lines carrier unless authorized
in writing by the CITY and such authorization shall be at the CITY's sole and absolute discretion. The
FIRM shall purchase insurance from and shall maintain the insurance with a company or companies
lawfully authorized to sell insurance in the State of Florida, on forms approved by the State of Florida, as
will protect the FIRM, at a minimum, from all claims as set forth below which may arise out of or result
from the FIRM's operations under the Contract and for which the FIRM may be legally liable, whether
such operations be by the FIRM or by a Subcontractor or by anyone directly or indirectly employed by
any of them, or by anyone for whose acts any of them may be liable: (a) claims under workers'
compensation, disability benefit and other similar employee benefit acts which are applicable to the Work
to be performed; (b) claims for damages because of bodily injury, occupational sickness or disease, or
death of the FIRM's employees; (c) claims for damages because of bodily injury, sickness or disease, or
death of any person other than the FIRM's employees; (d) claims for damages insured by usual personal
injury liability coverage; (e) claims for damages, other than to the Work itself, because of injury to or
destruction of tangible property, including loss of use resulting there from; (f) claims for damages because
of bodily injury, death of a person or property damage arising out of ownership, maintenance or use of a
motor vehicle; (g) claims for bodily injury or property damage arising out of completed operations; and
(h) claims involving contractual liability insurance applicable to the FIRM's obligations under the Contract.
1.02 Firm's Insurance Generally. The FIRM shall provide and maintain in force and effect until all the Work to
be performed under this Contract has been completed and accepted by CITY (or for such duration as is otherwise
specified hereinafter), the insurance coverage written on Florida approved forms and as set forth below:
1.03 Workers' Compensation Insurance at the statutory amount as to all employees in compliance with the
'Workers' Compensation Law" of the State of Florida including Chapter 440, Florida Statutes, as presently written
or hereafter amended, and all applicable federal laws. In addition, the policy (ies) must include: Employers' Liability
at the statutory coverage amount. The FIRM shall further insure that all of its Subcontractors maintain appropriate
levels of Worker's Compensation Insurance.
1.04 Commercial Comprehensive General Liability insurance with broad form endorsement, as well as
automobile liability, completed operations and products liability, contractual liability, severability of interest with
cross liability provision, and personal injury and property damage liability with limits of $1.000,000 combined single
limit per occurrence and $2,000,000 aggregate, including:
• Personal Injury: $1,000,000;
• Medical Insurance: $5,000 per person;
• Property Damage: $500,000 each occurrence;
1.05 Umbrella Commercial Comprehensive General Liability insurance shall be written on a Florida approved
form with the same coverage as the primary insurance policy but in the amount of $1,000,000 per claim and
24 of 27
$2,000,000 Annual Aggregate. Coverage must be afforded on a form no more restrictive than the latest edition of
the Comprehensive General Liability policy, without restrictive endorsements, as filed by the Insurance Services
Office, and must include:
(a) Premises and Operation
(b) Independent Contractors
(c) Products and/or Completed Operations Hazard
(d) Explosion, Collapse and Underground Hazard Coverage
(e) Broad Form Property Damage
(f) Broad Form Contractual Coverage applicable to this specific Contract, including any hold harmless
and/or indemnification agreement
(g) Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimum limits of
coverage equal to those required for Bodily Injury Liability and Property Damage Liability.
1.06 Business Automobile Liability with minimum limits of One Million Dollars ($1,000,000.00) plus an
additional One Million Dollar ($1,000,000.00) umbrella per occurrence combined single limit for Bodily Injury
Liability and Property Damage Liability. Umbrella coverage must be afforded on a form no more restrictive than
the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by with the
state of Florida, and must include:
(a) Owned Vehicles.
(b) Hired and Non -Owned Vehicles
(c) Employers' Non -Ownership
1.07 SUBCONTRACTS: The FIRM agrees that if any part of the Work under the Contract is sublet, the
subcontract shall contain the same insurance provision as set forth in section S. I above and 5.4 below and
substituting the word Subcontractor for the word FIRM and substituting the word FIRM for CITY where
applicable.
1.08 Fire and Extended Coverage Insurance (Builders' Risk). IF APPLICABLE:
A. In the event that this contract involves the construction of a structure, the CONTRACTOR shall
maintain, with an Insurance Company or Insurance Companies acceptable to the CITY, "Broad" form/All
Risk Insurance on buildings and structures, including Vandalism & Malicious Mischief coverage, while in the
course of construction, including foundations, additions, attachments and all permanent fixtures belonging
to and constituting a part of said buildings or structures. The policy or policies shall also cover
machinery, if the cost of machinery is included in the Contract, or if the machinery is located in a building
that is being renovated by reason of this contract. The amount of insurance must, at all times, be at least
equal to the replacement and actual cash value of the insured property. The policy shall be in the name of
the CITY and the CONTRACTOR, as their interest may appear, and shall also cover the interests of all
Subcontractors performing Work.
B. All of the provisions set forth in Section 5.4 herein below shall apply to this coverage unless it would be
clearly not applicable.
1.09 Miscellaneous:
A. If any notice of cancellation of insurance or change in coverage is issued by the insurance company or
should any insurance have an expiration date that will occur during the period of this contract, the FIRM
shall be responsible for securing other acceptable insurance prior to such cancellation, change, or
expiration so as to provide continuous coverage as specified in this section and so as to maintain
coverage during the life of this Contract.
B. All deductibles must be declared by the FIRM and must be approved by the CITY. At the option of the
CITY, either the FIRM shall eliminate or reduce such deductible or the FIRM shall procure a Bond, in a
form satisfactory to the CITY covering the same.
C. The policies shall contain waiver of subrogation against CITY where applicable, shall expressly provide
that such policy or policies are primary over any other collectible insurance that CITY may have. The
CITY reserves the right at any time to request a copy of the required policies for review. All policies
shall contain a "severability of interest" or "cross liability" clause without obligation for premium
payment of the CITY as well as contractual liability provision covering the Contractors duty to indemnify
the City as provided in this Agreement.
D. Before starting the Work, the FIRM shall deliver to the CITY and CONSULTANT certificates of such
insurance, acceptable to the CITY, as well as the insurance binder, if one is issued, the insurance policy,
including the declaration page and all applicable endorsements and provide the name, address and
25 of 27
telephone number of the insurance agent or broker through whom the policy was obtained. The insurer
shall be rated A.VII or better per A.M. Best's Key Rating Guide, latest edition and authorized to issue
insurance in the State of Florida. All insurance policies must be written on forms approved by the State
of Florida and they must remain in full force and effect for the duration of the contract period with the
CITY. The FIRM may be required by the CITY, at its sole discretion, to provide a "certified copy" of the
Policy (as defined in Article I of this document) which shall include the declaration page and all required
endorsements. In addition, the FIRM shall deliver, at the time of delivery of the insurance certificate, the
following endorsements:
(1) a policy provision or an endorsement with substantially similar provisions as follows:
"The City of South Miami is an additional insured. The insurer shall pay all sums that the City of
South Miami becomes legally obligated to pay as damages because of 'bodily injury", 'property
damage', or "personal and advertising injury" and it will provide to the City all of the coverage
that is typically provided under the standard Florida approved forms for commercial general
liability coverage A and coverage B";
(2) a policy provision or an endorsement with substantially similar provisions as follows:
"This policy shall not be cancelled (including cancellation for non-payment of premium),
terminated or materially modified without first giving the City of South Miami ten (10) days
advanced written notice of the intent to materially modify the policy or to cancel or terminate
the policy for any reason. The notification shall be delivered to the City by certified mail, with
proof of delivery to the City."
E. If the FIRM is providing professional services, such as would be provided by an architect, engineer,
attorney, or accountant, to name a few, then in such event and in addition to the above requirements,
the FIRM shall also provide Professional Liability Insurance on a Florida approved form in the amount of
$1,000,000 with deductible per claim if any, not to exceed 5% of the limit of liability providing for all
sums which the FIRM shall become legally obligated to pay as damages for claims arising out of the
services or work performed by the FIRM its agents, representatives, Sub Contractors or assigns, or by
any person employed or retained by him in connection with this Agreement. This insurance shall be
maintained for four years after completion of the construction and acceptance of any Project covered by
this Agreement. However, the FIRM may purchase Specific Project Professional Liability Insurance, in the
amount and under the terms specified above, which is also acceptable. No insurance shall be issued by a
surplus lines carrier unless authorized in writing by the city at the city's sole, absolute and unfettered
discretion.
26 of 27
Indemnification Requirement
A. The Contractor accepts and voluntarily incurs all risks of any injuries, damages, or harm which might
arise during the work or event that is occurring on the CITY's property due to the negligence or other fault of the
Contractor or anyone acting through or on behalf of the Contractor.
B. The Contractor shall indemnify, defend, save and hold CITY, its officers, affiliates, employees,
successors and assigns, harmless from any and all damages, claims, liability, losses, claims, demands, suits, fines,
judgments or cost and expenses, including reasonable attorneys fees, paralegal fees and investigative costs
incidental there to and incurred prior to, during or following any litigation, mediation, arbitration and at all
appellate levels, which may be suffered by, or accrued against, charged to or recoverable from the City of South
Miami, its officers, affiliates, employees, successors and assigns, by reason of any causes of actions or claim of any
kind or nature, including claims for injury to, or death of any person or persons and for the loss or damage to any
property arising out of a negligent error, omission, misconduct, or any gross negligence, intentional act or harmful
conduct of the Contractor, its contractor/subcontractor or any of their officers, directors, agents, representatives,
employees, or assigns, or anyone acting through or on behalf of any of them, arising out of this Agreement,
incident to it, or resulting from the performance or non-performance of the Contractor's obligations under this
AGREEMENT.
C. The Contractor shall pay all claims, losses and expenses of any kind or nature whatsoever, in
connection therewith, including the expense or loss of the CITY and/or its affected officers, affiliates, employees,
successors and assigns, including their attorneys fees, in the defense of any action in law or equity brought against
them and arising from the negligent error, omission, or act of the Contractor, its Sub -Contractor or any of their
agents, representatives, employees, or assigns, and/or arising out of,, or incident to, this Agreement, or incident to
or resulting from the performance or non-performance of the Contractor's obligations under this AGREEMENT.
D. The Contractor agrees and recognizes that neither the CITY nor its officers, affiliates, employees,
successors and assigns shall be held liable or responsible for any claims, including the costs and expenses of
defending such claims which may result from or arise out of actions or omissions of the Contractor, its
contractor/subcontractor or any of their agents, representatives, employees, or assigns, or anyone acting through
or on behalf of the them, and arising out of or concerning the work or event that is occurring on the CITY's
property. In reviewing, approving or rejecting any submissions or acts of the Contractor, CITY in no way assumes
or shares responsibility or liability for the acts or omissions of the Contractor, its contractor/subcontractor or any
of their agents, representatives, employees, or assigns, or anyone acting through or on behalf of them.
E. The Contractor has the duty to provide a defense with an attorney or law firm approved by the City
of South Miami, which approval will not be unreasonably withheld.
F. However, as to design professional contracts, and pursuant to Section 725.08 (1), Florida Statutes,
none of the provisions set forth herein above that are in conflict with this subparagraph shall apply and this
subparagraph shall set forth the sole responsibility of the design professional concerning indemnification. Thus,
the design professional's obligations as to the City and its agencies, as well as to its officers and employees, is to
indemnify and hold them harmless from liabilities, damages, losses, and costs, including, but not limited to,
reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful
conduct of the design professional and other persons employed or utilized by the design professional in the
performance of the contract.
27 of 27
Member Name City of South Miami
ITQ-ITQ#P R2019-06-0-
Bid Number 2019/SK
"STEM SUMMER
PROGRAM
Bid Name ADMINISTRATOR"
1 Document(s) found for this bid
2 Planholder(s) found.
267 NOTIFIED
Supplier Name
Address 1
City
State
Zip
Phone
In Focus Mobility, Inc
934 N UNIVERSITY DR
CORAL SPRINGS
FL
33071
9542619226
Miami Consulting, Inc.
16130 Sunset Drive
South Miami
JFL
133143
13056636338
40
5/31/2019
Detail by Entity Name
®Pc]
W;' =
! r t •�
y,r r�jji, ��r! '�r�r�:• r,j i f�N�rlrr ;,.•ir rr.•
peQartment of State / Qivision of Corperatiol, / Searct-, Re or^c / 7eiad By Rocument Number /
41
search.sunbiz.org/inquirylCorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=lnibal&searchNameOrder=ABBE L1500006
1/2
2019 FLORIDA LIMITED LIABILITY COMPANY ANNUAL REPORT
DOCUMENT# L15000061225
Entity Name: ARBE, LLC
Current Principal Place of Business:
10300 SW 72ND STREET,
STE 321
MIAMI. FL 33173
Current Mailing Address:
10300 SW 72ND STREET,
STE 321
MIAMI, FL 33173 US
FEI Number: 47-3657450
Name and Address of Current Registered Agent:
BOUTRON, AHYSA R
10300 SW 72ND STREET.
STE 321
MIAMI, FL 33173 US
FILED
Mar 19, 2019
Secretary of State
2916808686CC
Certificate of Status Desired: No
The above named entity submits this statement for the purpose of changing Its registered of/1ce or registered agent, or both, in the State of Florida.
SIGNATURE:
Electronic Signature of Registered Agent Date
Authorized Person(s) Detail
Title AP
Name BOUTRON, AHYSA R
Address 10300 SW 72ND STREET,
STE 321
City -State -Zip: MIAMI FL 33173
I hereby certify that the infcmwWn indicated en this repart or supplemental report is true and aeceuate and that my electronic signature shag have the same legst effect as IF made under
oath; Chet f am a managing member or manager of the limited flabibly company or the receiver or trustee empowered to execute this report as required by Chapter W5, Florida Statutes; and
that my name appears above, or on an attachment wwth ag other Me empawerod.
SIGNATURE: AHYSA BOUTRON AP 03119/2019
Electronic Signature of Signing Authorized Person(s) Detail
Date
42