Independent Contractor Agreement with Sofia Fuentes DocuSign Envelope ID:4957D26B-C788-4F26-8618-76D63466E403 JAN 2 � 2013* SCfl
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INDEPENDENT CONTRACTOR AGREEMENT Reso U8-30259 •
1/5/2023 I 5:44 PM EST
This Agreement is entered into on this day of 2022 between Sofia
Fuentes ("Contractor") and the City of Miami Beach, Florida (the "City"), for a period of
approximately 21 weeks during the Fall and/or Spring semesters,with an effective starting
date of January 9, 2023 and an end date of June 7, 2023, upon written confirmation from
the City Manager to Contractor(the"Term").
1. Description of Services.
Contractor will provide the services described in Exhibit "A" hereto (the "Services").
Contractor will provide reading intervention services for children between Grades K to 8. In
accordance with the requirements of Section 1012.465, 1012.32 and 1012.467, Florida
Statutes,and School Board Policies 8475, 1121.01,3121.01 and 4121.01 as amended from
time to time,Contractor,as an instructional contractor will be required to submit to a criminal
history check and background screening requirements, including level 2 screening
requirements, as outlined in the above-referenced statutes and School Board Policies.
Although Contractor may be provided with a schedule of the available hours to provide its
Services, the City shall not control nor have the right to control the hours of the Services
performed by the Contractor; where the Services are performed (although the City will
provide Contractor with the appropriate location to perform the Services);when the Services
are performed (including how many days a week the services are performed); how the
Services are performed; or any other aspect of the actual manner and means of
accomplishing the Services provided. Notwithstanding the foregoing,all Services provided
by the Contractor shall be in accordance with the terms and conditions set forth in Exhibit
"A" hereto, and performed to the reasonable satisfaction of the City Manager. If there are
ahy questions regarding the Services to be performed, Contractor should contact the
following person:
Dr. Leslie Rosenfeld, Chief Learning and Development Officer
ORGANIZATIONAL DEVELOPMENT AND EDUCATION DEPARTMENT
1700 Convention Center Drive, Miami Beach, FL 33139
Tel: 305-673-7000 ext. 6923
2. Fee.
In consideration of the Services to be provided pursuant to this Agreement,the City agrees
to pay Contractor a fee, not to exceed the amount of$15 per hour(the"Fee"), which shall
be paid as described in Exhibit"B"hereto, in an amount not to exceed$9,450 in the 2022-
2023 school year.
The Contractor shall issue invoices to the City pursuant to the mutual agreement of the
parties and pursuant to the Fee Schedule set forth in Exhibit"B" hereto upon receipt of an
acceptable and approved invoice.The City shall remit payment to the Contractor within 45
days of receiving an invoice from the Contractor for that portion(or those portions)of the
Services satisfactorily rendered (and referred to in the particular invoice).
3. Termination.
This Agreement may be terminated by either party,with or without cause, by giving written
notice to the other party of such termination,which shall become effective upon fourteen
(14) days following receipt by the other party of the written termination notice.
Notwithstanding the foregoing,in the event of a public health,welfare or safety concern,as
determined by the City Manager, in the City Manager's sole discretion, the City Manager,
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pursuant to a verbal or written notification to Contractor, may immediately suspend the
Services under this Agreement for a time certain, or in the alternative, terminate this
Agreement on a given date. In the event of termination pursuant to this paragraph, the
Contractor shall be paid a sum equal to all payments due to him/her up to the date of
termination;provided Contractor is continuing to satisfactorily perform all Services up to the
date of termination. Thereafter,the City shall be fully discharged from any further liabilities,
duties, and terms arising out of, or by virtue of, this Agreement.
4. Indemnification/Hold Harmless.
Contractor agrees to indemnify,defend,and hold harmless the City of Miami Beach and its
officers, employees and agents, from and against any and all actions, claims, liabilities,
losses and expenses including,but not limited to,attorney's fees,for personal economic or
bodily injury,wrongful death, loss of or damage to property,at law or in equity, which may
arise or be alleged to have arisen from the negligent acts or omissions or other wrongful
conduct of Contractor,and/or any and all subcontractors,employees, agents,or any other
person or entity acting under Contractor's control, in connection with the Contractor's
performance of the services pursuant to this Agreement. Contractor shall pay all such
claims and losses and shall pay all costs and judgments,which may arise from any lawsuit
arising from such claims and losses, and shall pay all costs and attorney's fees expended
by the City in defense of such claims and losses, including appeals.
The parties agree that one percent (1%) of the total compensation to Contractor for
performance of the Services under this Agreement is the specific consideration from the City
to Contractor for the Contractors agreement to indemnify and hold the City harmless, as
provided herein. Contractor and the City hereby agree and acknowledge that this indemnity
provision is intended to and shall survive the termination (or earlier expiration) of this
Agreement.
5. Limitation of Liability.
The City desires to enter into this Agreement only if in so doing the City can place a limit on
City's liability for any cause of action for money damages due to an alleged breach by the
City of this Agreement,so that its liability for any such breach never exceeds the sum of the
compensation/fee to be paid to Contractor pursuant to this Agreement, less any amounts
actually paid by the City as of the date of the alleged breach. Contractor hereby expresses
his/her willingness to enter into this Agreement with Contractor's recovery from the City for
any damage action for breach of contract to be limited to a maximum amount equal to the
compensation/fee to be paid to Contractor pursuant to this Agreement, less any amounts
actually paid by the City as of the date of the alleged breach.
Accordingly,and notwithstanding any other term or condition of this Agreement,Contractor
hereby agrees that the City shall not be liable to Contractor for damages in the amount in
excess of the compensation/fee to be paid to Contractor pursuant to this Agreement, less
any amounts actually paid by the City as of the date of the alleged breach, for any action or
claim for breach of contract arising out of the performance or non-performance of any
obligations imposed upon the City by this Agreement.
Nothing contained in this subparagraph or elsewhere in this Agreement is in any way
intended to be a waiver of the limitation placed upon City's liability as set forth in Section
768.28., Florida Statutes.
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6. Notices.
AD notices and communications in writing required or permitted hereunder may be
delivered personally to the representatives of the Contractor and the City listed below or
may be mailed by U.S. Certified Mail, return receipt requested, postage prepaid, or by a
nationally recognized overnight delivery service.
Until changed by notice in writing,all such notices and communications shall be addressed
as follows:
CONTRACTOR: Sofia Fuentes
745 83rd St.Apt. 4
Miami Beach, FL 33141
sfuen038@fiu.edu
786-389-6272
CITY: Dr. Leslie Rosenfeld
City of Miami Beach
Organizational Development and Education Department
1700 Convention Center Drive
Miami Beach, FL 33139
305-673-7000 ext. 26923
Notice shall be deemed given on the date of an acknowledged receipt, and, in all other
cases, on the date of receipt or refusal.
7. Venue.
This Agreement shall be governed by, and construed in accordance with, the laws of the
State of Florida, both substantive and remedial, without regard to principles of conflict of
laws. The exclusive venue for any litigation arising out of this Agreement shall be
Miami-Dade County, Florida,if in state court,and the U.S. District Court,Southern District
of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT, CITY AND
CONTRACTOR EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A
TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF,THIS
AGREEMENT.
8. Duty of Care/Compliance with Applicable Laws/Conflict of Interest.
With respect to the performance of the Services contemplated herein, Contractor shall
exercise that degree of skill, care, efficiency and diligence normally exercised by
reasonable persons and/or recognized professionals with respect to the performance of
comparable services.
In its performance of the Services, Contractor shall comply with all applicable laws,
ordinances,and regulations of the City, Miami-Dade County,the State of Florida,and the
federal government. Without limiting the foregoing,Contractor herein agrees to adhere to
and be governed by all applicable Miami-Dade County Conflict of Interest Ordinances and
ethics provisions, as set forth in the Miami-Dade County Code,and as may be amended
from time to time;and by the City of Miami Beach Charter and Code,as may be amended
from time to time, both of which are incorporated herein by referenced,as if fully set forth
herein.
Contractor covenants that it presently has no interest and shall not acquire any interest,
direct or indirectly which should conflict in any manner or degree with the performance of
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the Services. Contractor further covenants that in the performance of Services under this
Agreement, no person having any such interest shall knowingly be employed by the
Contractor. Notwithstanding the foregoing, Contractor shall be able to provide similar
services to other third parties as long as they do not conflict with the Services to be
provided hereunder.No member of or delegate to the Congress of the United States shall
be admitted to any share or part of this Agreement or to any benefits arising therefrom.
9. No Discrimination.
In connection with the performance of the Services,the Contractor shall not exclude from
participation in,deny the benefits of,or subject to discrimination anyone on the grounds of
race, color, national origin, sex, age, disability, religion, income or family status.
Additionally, Contractor shall comply with City of Miami Beach Human Rights Ordinance,
codified in Chapter 62 of the City Code,as may be amended from time to time,prohibiting
discrimination in employment,housing,public accommodations,or public services,on the
basis of actual or perceived race,color,national origin,religion,sex,intersexuality,sexual
orientation, gender identity, familial and marital status, age, ancestry, height, weight,
domestic partner status, labor organization membership, familial situation, political
affiliation, or disability.
10. Florida Public Records Law.
(A) Contractor shall comply with Florida Public Records law under Chapter 119,Florida
Statutes, as may be amended from time to time.
(B) The term"public records"shall have the meaning set forth in Section 119.011(12),
which means all documents, papers, letters, maps, books, tapes, photographs,
films, sound recordings, data processing software, or other material, regardless of .
the physical form, characteristics, or means of transmission, made or received
pursuant to law or ordinance or in connection with the transaction of official business
of the City.
(C) Pursuant to Section 119.0701 of the Florida Statutes, if the Contractor meets the
definition of"Contractor"as defined in Section 119.0701(1)(a),the Contractor shall:
(1) Keep and maintain public records required by the City to perform the
service;
(2) Upon request from the City's custodian of public records, provide the City
with a copy of the requested records or allow the records to be inspected or
copied within a reasonable time at a cost that does not exceed the cost
provided in Chapter 119, Florida Statutes or as otherwise provided by law;
(3) Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed, except as
authorized by law, for the duration of the contract term and following
completion of the.Agreement if the Contractor does not transfer the records
to the City;
(4) Upon completion of the Agreement,transfer,at no cost to the City,all public
records in possession of the Contractor or keep and maintain public records
required by the City to perform the service. If the Contractor transfers all
public records to the City upon completion of the Agreement,the Contractor
shall destroy any duplicate public records that are exempt or confidential and
exempt from public records disclosure requirements.If the Contractor keeps
and maintains public records upon completion of the Agreement, the
Contractor shall meet all applicable requirements for retaining public
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records.All records stored electronically must be provided to the City,upon
request from the City's custodian of public records, in a format that is
compatible with the information technology systems of the City.
(C) REQUEST FOR RECORDS; NONCOMPLIANCE.
(1) A request to inspect or copy public records relating to the City's contract for
services must be made directly to the City. If the City does not possess the
requested records, the City shall immediately notify the Contractor of the
request,and the Contractor must provide the records to the City or allow the
records to be inspected or copied within a reasonable time.
(2) Contractor's failure to comply with the City's request for records shall
constitute a breach of the Agreement, and the City, at its sole discretion,
may:(1)unilaterally terminate the Agreement;(2)avail itself of the remedies
set forth under the Agreement; and/or (3) avail itself of any available
remedies at law or in equity.
(3) A Contractor who fails to provide the public records to the City within a
reasonable time may be subject to penalties under s. 119.10.
(D) CIVIL ACTION.
(1) If a civil action is filed against a Contractor to compel production of public
records relating to the City's contract for services,the court shall assess and
award against the Contractor the reasonable costs of enforcement,including
reasonable attorney's fees, if:
(a) The court determines that the Contractor unlawfully refused to comply
with the public records request within a reasonable time; and
(b) At least eight(8) business days before filing the action, the plaintiff
provided written notice of the public records request, including a
statement that the Contractor has not complied with the request,to the
City and to the Contractor.
(2) A notice complies with subparagraph(1)(b)if it is sent to the City's custodian
of public records and to the Contractor at the Contractor's address listed on
its contract with the City or to the Contractor's registered agent.Such notices
must be sent by common carrier delivery service or by registered, Global
Express Guaranteed,or certified mail,with postage or shipping paid by the
sender and with evidence of delivery,which may be in an electronic format.
(3) A Contractor who complies with a public records request within eight (8)
business days after the notice is sent is not liable for the reasonable costs of
enforcement.
(E) IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO
THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS AGREEMENT, CONTACT THE
CUSTODIAN OF PUBLIC RECORDS AT:
CITY OF MIAMI BEACH
ATTENTION: CITY CLERK
1700 CONVENTION CENTER DRIVE
MIAMI BEACH, FLORIDA 33139
E-MAIL: RAFAELGRANADORMIAMIBEACHFL.GOV
PHONE: 305-673-7411
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11. Ownership of Documents/Patents and Copyrights.
Any and all documents prepared by Contractor pursuant to this Agreement are related
exclusively to the Services described herein shall be deemed to be a"work made for hire",
and are intended or represented for ownership by the City. Any re-use distribution, or
dissemination of same by Contractor,other than to the City,shall first be approved in writing
by the City Manager, which approval, if granted at all, shall be at the City Manager's sole
and absolute discretion.
Any patentable and/or copyrightable result arising out of this Agreement, as well as all
information,specifications,processes,data and findings,are hereby assigned to the City,
in perpetuity, for public use.
No reports, other documents, articles or devices produced in whole or in part under this
Agreement shall be the subject of any application for patent or copyright by or on behalf of
the Contractor (or its employees or sub-contractors, (if any) without the prior written
consent of the City Manager,which consent, if given at all,shall be at the Manager's sole
and absolute discretion.
12. Liability for Rent, Supplies, Equipment, Etc.
Contractor shall provide all funds necessary to pay all debts, disbursements, and
expenses incurred in connection with its performance of the Services hereunder,and shall
not be entitled to any reimbursement from the City unless otherwise agreed to by the City.
It will also provide all supplies and equipment necessary to provide such Services. If
Contractor uses any of the City's facilities,supplies,or equipment to furnish the Services
hereunder,Contractor shall pay the City(or such amount shall be deducted from the Fee
set forth in Section 2) an amount as mutually agreed by the parties.
13. Liability for Sub-contractors.
Contractor shall be liable for its Services, responsibilities and liabilities under this
Agreement and the costs,services,responsibilities and liabilities of any sub-contractors(if
any), and any other person or entity acting under the direction or control of Contractor(if
any). In this regard, Contractor must furnish the City with all information relating to the
sub-contractors which is requested by the City.When the term"Contractor"is used in this
Agreement, it shall be deemed to include any sub-contractors (if any) and/or any other
person or entity acting under the direction or control of Contractor (if any). All sub-
contractors (if any) must be disclosed in writing to the City prior to their engagement by
Contractor.
14. Independent Contractor/No Joint Venture.
THIS AGREEMENT SHALL NOT CONSTITUTE OR MAKE THE PARTIES A
PARTNERSHIP OR JOINT VENTURE. FOR THE PURPOSES OF THIS AGREEMENT,
THE CONTRACTOR SHALL BE DEEMED TO BE AN INDEPENDENT CONTRACTOR,
AND NOT AN AGENT OR EMPLOYEE OF THE CITY, AND SHALL NOT ATTAIN ANY
RIGHTS OR BENEFITS UNDER THE CIVIL SERVICE OR PENSION ORDINANCE OF
THE CITY,OR ANY RIGHT GENERALLY AFFORDED CLASSIFIED OR UNCLASSIFIED
EMPLOYEES INCLUDING ANNUAL AND SICK DAY ACCRUAL. FURTHER, THE
CONTRACTOR SHALL NOT BE DEEMED ENTITLED TO FLORIDA WORKER'S
COMPENSATION BENEFITS AS AN EMPLOYEE OF THE CITY OR ACCUMULATION
OF SICK OR ANNUAL LEAVE.
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The Contractor shall be the sole party responsible for any and all employment taxes,
unemployment compensation taxes or insurance, social security taxes, or other taxes,
insurance payments,or otherwise whether levied by any country or any political subdivision
thereof. The Contractor shall not,in any way, be considered to be,or be deemed to be,an
employee of the City through the Services performed in this Agreement(e.g., including,but
not limited to, for purposes of the Federal Insurance Contribution Act, the Social Security
Act,the Federal Unemployment Tax Act,the provisions of the Internal Revenue Code,any
state revenue and taxation code relating to income tax withholding at the source of income,
the Workers' Compensation Insurance Code and other benefit payments and third party
liability claims),and the Contractor shall indemnify and hold the City harmless from all costs,
loss,damages or expenses(including but not limited to taxes,accounting fees,court costs,
and attorney's fees at all levels of litigation)in the event of any determination to the contrary
by any court of competent jurisdiction or governmental authority. The Contractor recognizes
and understands that it will receive an Internal Revenue Service Form 1099 statement and
related tax statements,and will be required to file corporate and/or individual tax returns and
to pay taxes in accordance with all provisions of applicable Federal and state law. The
Contractor hereby promises and agrees to indemnify the City for any damages or expenses,
including attorney's fees, and legal expenses, incurred by the City as a result of the
Contractor's failure to make such required payments.
Except as otherwise expressly provided in the Agreement, the Contractor shall in no way
hold itself out as an employee,dependent agent,or other servant of the City, its employees
or other agents,or as other than a free agent with respect to the City.The Contractor is not
granted,shall not have,and acknowledges the absence of any right or authority to assume
or create any obligations or responsibility,express or implied,on behalf of or in the name of
the City or to bind the latter in any matter or thing whatsoever.
15. Purchase Order Requirement.
This Agreement shall not be effective until executed by the parties hereto and until the City
has issued a Purchase Order for this Agreement
16. Force Majeure.
Contractor shall not be held responsible for losses, delays, failure to perform or excess
costs caused by events beyond the control of the Contractor. Such events may include,but
are not restricted to the following: Acts of God;fire, epidemics, earthquake,flood or other
natural disaster;acts of the government;riots,strikes,war or civil disorder; unavailability of
fuel.
17. Assignment.
Contractor shall not assign all or any portion of this Agreement without the prior written
consent of the City Manager,and it is agreed that said consent must be sought in writing by
Contractor not less than sixty(60)days prior to the date of any proposed assignment.
18. Audit and Inspection Records.
Contractor shall permit the authorized representatives of the City to inspect and audit all
data and records of the Contractor, if any, relating to performance under this Agreement
until the expiration of three years after final payment under this Agreement.
Contractor further agrees to include in all his/her subcontracts hereunder a provision to the
effect that the sub-contractor agrees that the City or any of their duly authorized
representatives shall, until the expiration of three years after final payment to the sub-
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contractor, have access to and the right to examine any directly pertinent books,
documents,papers and records of such sub-contractor,involving transactions related to the
sub-contractor.
19. Inspector General Audit Rights.
(A) Pursuant to Section 2-256 of the Code of the City of Miami Beach, the City has
established the Office of the Inspector General which may, on a random basis,
perform reviews, audits, inspections and investigations on all City contracts,
throughout the duration of said contracts. This random audit is separate and distinct
from any other audit performed by or on behalf of the City.
(B) The Office of the Inspector General is authorized to investigate City affairs and
empowered to review past,present and proposed City programs,accounts,records,
contracts and transactions. In addition, the Inspector General has the power to
subpoena witnesses, administer oaths, require the production of witnesses and
monitor City projects and programs.Monitoring of an existing City project or program
may include a report concerning whether the project is on time,within budget and in
conformance with the contract documents and applicable law. The Inspector
General shall have the power to audit, investigate, monitor, oversee, inspect and
review operations, activities, performance and procurement process including but
not limited to project design,bid specifications,(bid/proposal)submittals,activities of
the Contractor,its officers,agents and employees, lobbyists, City staff and elected
officials to ensure compliance with the contract documents and to detect fraud and
corruption. Pursuant to Section 2-378 of the City Code, the City is allocating a
percentage of its overall annual contract expenditures to fund the activities and
operations of the Office of Inspector General.
(C) Upon ten (10) days written notice to the Contractor, the Contractor shall make all
requested records and documents available to the Inspector General for inspection
and copying. The Inspector General is empowered to retain the services of
independent private sector auditors to audit, investigate, monitor, oversee, inspect
and review operations activities, performance and procurement process including
but not limited to project design, bid specifications, (bid/proposal) submittals,
activities of the Contractor, its officers,agents and employees, lobbyists, City staff
and elected officials to ensure compliance with the contract documents and to detect
fraud and corruption.
(D) The Inspector General shall have the right to inspect and copy all documents and
records in the Contractor's possession, custody or control which in the Inspector
General's sole judgment, pertain to performance of the contract, including, but not
limited to original estimate files,change order estimate files,worksheets, proposals
and agreements from and with successful subcontractors and suppliers,all project-
related correspondence,memoranda,instructions,financial documents,construction
documents, (bid/proposal) and contract documents, back-change documents, all
documents and records which involve cash, trade or volume discounts, insurance
proceeds, rebates, or dividends received, payroll and personnel records and
supporting documentation for the aforesaid documents and records.
(E) The Contractor shall make available at its office at all reasonable times the records,
materials, and other evidence regarding the acquisition (bid preparation) and
performance of this Agreement, for examination, audit, or reproduction, until three
(3)years after final payment under this Agreement or for any longer period required
by statute or by other clauses of this Agreement. In addition:
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i. If this Agreement is completely or partially terminated,the Contractor shall
• make available records relating to the work terminated until three(3)years
after any resulting final termination settlement; and
ii. The Contractor shall make available records relating to appeals or to
litigation or the settlement of claims arising under or relating to this
Agreement until such appeals, litigation, or claims are finally resolved.
(F) The provisions in this section shall apply to the Contractor, its officers, agents,
employees, subcontractors and suppliers. The Contractor shall incorporate the
provisions in this section in all subcontracts and all other agreements executed by
the Contractor in connection with the performance of this Agreement.
(G) Nothing in this section shall impair any independent right to the City to conduct
audits or investigative activities.The provisions of this section are neither intended
nor shall they be construed to impose any liability on the City by the Contractor or
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third parties.
20. Waiver of Breach.
A party's failure to enforce any provision of this Agreement shall not be deemed a waiver of
such provision or modification of this Agreement. A party's waiver of any breach of a
provision of this Agreement shall not be deemed a waiver of any subsequent breach and
shall not be construed to be a modification of the terms of this Agreement.
21. Severance.
In the event this Agreement or a portion of this Agreement is found by a court of competent
jurisdiction to be invalid,the remaining provisions shall continue to be effective unless City
elects to terminate this Agreement.
22. Joint Preparation.
The parties hereto acknowledge that they have sought and received whatever competent
advice and counsel as was necessary for them to form a full and complete understanding of
all rights and obligations herein and that the preparation of this Agreement has been a joint
effort of the parties, the language has been agreed to by parties to express their mutual
intent and the resulting document shall not, solely as a matter of judicial construction, be
construed more severely against one of the parties than the other.
23. Mutual cooperation.
Contractor recognizes that the performance of this Agreement is essential to the provision of
vital public services and the accomplishment of the stated goals and mission of the City.
Therefore, the Contractor shall be responsible to maintain a cooperative and good faith
attitude in all relations with the City and shall actively foster a public image of mutual benefit
to both parties. The Contractor shall not make any statements or take any actions
detrimental to this effort.
24. Entire Agreement.
This writing and any exhibits and/or attachments incorporated(and/or otherwise referenced
for incorporation herein) embody the entire agreement and understanding between the
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parties hereto,and there are no other agreements and understandings,oral or written,with
reference to the subject matter hereof that are not merged herein and superseded hereby.
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25. E-Verify.
(A) Contractor shall comply with Section 448.095,Florida Statutes,"Employment Eligibility"("E-
Verify Statute"),as may be amended from time to time. Pursuant to the E-Verify Statute,
commencing on January 1,2021,Contractor shall register with and use the E-Verify system
to verify the work authorization status of all newly hired employees during the Term of the
Agreement. Additionally,Contractor shall expressly require any subcontractor performing
work or providing services pursuant to the Agreement to likewise utilize the U.S.Department
of Homeland Security's E-Verify system to verify the employment eligibility of all new
employees hired by the subcontractor during the contract Term. If Contractor enters into a
contract with an approved subcontractor,the subcontractor must provide the Contractor with
an affidavit stating that the subcontractor does not employ,contract with,or subcontract with
an unauthorized alien. Contractor shall maintain a copy of such affidavit for the duration of
the Agreement or such other extended period as may be required under this Agreement.
(B) TERMINATION RIGHTS.
(1) If the City has a good faith belief that Contractor has knowingly violated Section
448.09(1),Florida Statutes,the City shall terminate this Agreement with Contractor
for cause, and City shall thereafter have or owe no further obligation or liability to
Contractor.
(2) If the City has a good faith belief that a subcontractor has knowingly violated Section
20(A), but the Contractor otherwise complied with such section, the City will
promptly notify the Contractor and order the Contractor to immediately terminate the
Agreement with the subcontractor. Contractor's failure to terminate a subcontractor
shall be an event of default under this Agreement, entitling City to terminate the
Contractor's contract for cause.
(3) A contract terminated under the foregoing Subsections (B)(1) or (B)(2) is not in
breach of contract and may not be considered as such.
(4) The City or Contractor or a subcontractor may file an action with the Circuit or
County Court to challenge a termination under the foregoing Subsections(B)(1)or
(B)(2) no later than 20 calendar days after the date on which the contract was
terminated.
(5) If the City terminates the Agreement with Contractor under the foregoing Subsection
(B)(1),Contractor may not be awarded a public contract for at least 1 year after the
date of termination of this Agreement.
(6) Contractor is liable for any additional costs incurred by the City as a result of the
termination of.this Agreement under this Section 20.
DocuSign Envelope ID:4957D26B-C788-4F26-8618-7BDB34BBE403
DocuSign Envelope ID:8380C5B6-E6CD-4DD4-9D60-5B1DC2228A08
IN WITNESS WHEREOF, the parties hereto have caused these presents to be
executed by the respective officials thereunto duly authorized,this date and year first above
written.
FOR CITY: CITY OF MIAMI BEACH, FLORIDA
ATTEST:
&fad,
ocuSigned by:
ADS e—DS
By:
f. Grain it t �� GABSBK BSefgrk City Manager
l��€Y
1/5/2023 I 5:44 PM EST
Date:
FOR CONTRACTOR:
WITNESS:
By: [[OOUSI9flCd by: DocuSigned by:
12,20,44 LI- IL)
DC50P51756C0483... 2B8702766A574D3... Signature
Theresa 7eanneret
Sofia Fuentes
Print Name Print Name
12/23/2022 I 3:20 PM EST
' Date:
Approved: Approved as to form & language&
for execution.
,--Doeusigned by �
l �d-0,1 12(12.(Z-2-
Der' I9tFDirector City Attorney 9 ' Date
CDocuSigned by:
�'044.6 ON gun/of Budget code 011-0332-000343-16-400-582-00
926B4A6t0EE1463...
Office of Management and Budget
LI
DocuSigned by:
L46. Q(fiv r
4fPP4'Itbu rces
DocuSign Envelope ID:4957D26B-C788-4F26-8618-7BDB34BBE403
DocuSign Envelope ID:8380C5B6-E6CD-4DD4-9D60-5B1DC2228A08
Exhibit A
Description of Services
The Contractor will provide reading interventions for students in grades K through 8th.
Contractor will design reading instruction based on each student's needs, following the
RED 4110 syllabus, in order to foster and support early literacy skills. Interventions may
be provided in person or by virtual methods, provided that the City Manager's designee
approves, in writing, of the delivery method.
Reading intervention will take place in the following Miami Beach Public Schools:
X Biscayne Beach Elementary
• North Beach Elementary
• El Miami Beach South Pointe Elementary
❑ Miami Beach Fienberg Fisher K-8
❑ Miami Beach Nautilus Middle School
The hourly sessions are 4 hours 5 hours or 6 hours per day:
Monday 0 4 hours 0 5 hours X 6 hours
Tuesday E 4 hours 0 5 hours X 6 hours
Wednesday ❑ 4 hours 0 5 hours X 6 hours
Thursday . 0 4 hours 0 5 hours X 6 hours
Friday Cl 4 hours (C 5 hours X 6 hours
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DocuSign Envelope ID:8380C5B6-E6CD-4DD4-9D60-5B1DC2228A08
Exhibit B
Fee
The Fee of$15 per hour covers Contractor reading interventions as required by the
school principal.
The Fee will be$
9,450 for 630 hours.
Semester service provided will be:
0 Fall 2022
0 Spring 2023
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DocuSign Envelope ID:8380C5B6-E6CD-4DD4-9D60-5B1DC2228A08
RESOLUTION NO. 2018-30259
RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE
FINANCE AND CITYWIDE PROJECTS COMMITTEE TO IMPLEMENT THE
FOLLOWING EDUCATIONAL ENHANCEMENTS IN THE CITY'S PUBLIC
SCHOOLS FOR THE 2018-2019 SCHOOL YEAR AND SUBSEQUENT SCHOOL
• YEARS,SUBJECT TO APPROVAL OF A BUDGET AMENDMENT FOR FY 2017-
2018 AND FUNDING APPROVAL IN EACH SUBSEQUENT FISCAL YEAR
DURING THE CITY'S BUDGETARY PROCESS: (I) AFTERSCHOOL ACTIVITIES
AT BISCAYNE ELEMENTARY SCHOOL AND FIENBERGIFISHER K-8 CENTER,.
IN AN AMOUNT NOT TO EXCEED $60,000; (II) READING TUTORS FOR
STUDENTS WHO ATTEND SOUTH POINTE ELEMENTARY SCHOOL, NORTH
BEACH ELEMENTARY SCHOOL, BISCAYNE ELEMENTARY SCHOOL,
FIENBERG/FISHER K-8 CENTER, AND NAUTILUS MIDDLE SCHOOL, IN AN
AMOUNT NOT TO EXCEED$50,000; (III)MATH TUTORS FOR STUDENTS WHO
ATTEND NAUTILUS MIDDLE SCHOOL AND MIAMI BEACH SENIOR HIGH
• SCHOOL, IN AN AMOUNT NOT TO EXCEED'$20,000; (IV) MENTAL HEALTH
SERVICE EXPANSION AT SOUTH POINTE ELEMENTARY SCHOOL, NORTH
BEACH ELEMENTARY SCHOOL, BISCAYNE ELEMENTARY SCHOOL,
• FIENBERG/FISHER K-8 CENTER, AND NAUTILUS MIDDLE SCHOOL, IN AN
AMOUNT NOT TO EXCEED $60,000; AND (V) COLLEGE PREPARATION
PROGRAM AND MATERIALS FOR 500 MIAMI BEACH SENIOR HIGH SCHOOL
STUDENTS, IN AN AMOUNT NOT TO EXCEED $12,500; FURTHER,
AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE ANY
AND ALL REQUIRED AGREEMENTS AND DOCUMENTS TO IMPLEMENT THE
EDUCATIONAL ENHANCEMENTS; FURTHER, AUTHORIZING THE
REDUCTION IN FUNDING, TO AN AMOUNT NOT TO EXCEED$35,000, OF THE
VOLUNTARY PREKINDERGARDEN (VPK) PROGRAM FOR.THE 2018-2019
SCHOOL YEAR; AND FURTHER AUTHORIZING THE CITY MANAGER TO
MODIFY AND/OR TERMINATE THE AGREEMENT WITH THE SCHOOL BOARD
OF MIAMI-DADE COUNTY, FLORIDA FOR THE VPK PROGRAM, AS
APPLICABLE.
WHEREAS, in January 2008, the City of Miami Beach, Florida (the "City") entered into
an Education Compact with Miami-Dade County Public Schools to enhance learning
opportunities for youth; and
WHEREAS, the Education Compact reflects the desire of the Miami Beach community
to support excellence in the City's public schools; and
WHEREAS, at the March 1, 2017, Commission meeting, a referral was made to the
Finance and Citywide Projects Committee (FCWPC) to examine options that may be available
to the City to provide supplemental funding for enhancements and other support for public
schools within the City's geographical boundaries; and
WHEREAS, a companion item was also referred to the Neighborhoods/Community
Affairs Committee (NCAC), to hold a discussion regarding a governance structure with respect
to the manner in which any such supplemental City funds to support public schools should be
spent or used; and
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WHEREAS, during the March 31, 2017 FCWPC meeting, the FCWPC committee
members recommended the creation of a non-profit charitable 501(c)(3)entity to raise funds for
public education within the City; and
WHEREAS, on October 18, 2017, the Mayor and City Commission adopted Resolution
No. 2017-30041, authorizing the creation of a 501(C)(3) organization to be known as "Miami
Beach for Better Public Education" for the public purpose of providing support for educational
enhancements in.the City's education compact for youth in Miami Beach;and
WHEREAS, on February 14, 2018, the Mayor and City Commission adopted Resolution
No. 2018-30182, repealing Resolution No. 2017-30041, and approving the utilization of One
• Miami Beach Inc., a not-for-profit 501(C)(3) organization which had been previously established
by the City Commission, for the public purpose of accepting charitable donations to be used for
providing education enhancements to Miami Beach Public Schools; and
WHEREAS, on April 26, 2017, the City Commission directed staff to survey members of
the community with children in a Miami Beach public school to determine what educational
enhancements were needed, and present the findings to the Finance and Citywide Projects
Committee; and
WHEREAS, in May, 2017, the City Administration developed and conducted an
education enhancement survey to gather input on potential enhancements, and received 374
community responses; and
WHEREAS, in July, 2017, City staff met with Miami Beach public school principals and
district personnel to identify additional enhancements for inclusion in the follow-up prioritization
survey; and
WHEREAS, between October 11, 2017 and November 13, 2017, as directed, City staff
conducted an Education Enhancement Prioritization Survey, and the results from the Parent
Teacher Student Association survey were shared via LTC 562-2017 on November 21, 2017;
and
WHEREAS, at the March 13, 2018 FCWPC meeting, City staff was directed to review
unfunded educational initiative projected costs with each school Parent Teacher Student
Association ("PTSA") executive board to further prioritize potential enhancements for each
school, including proposed enhancements raised during the City Commission Retreat on March
2018, such as STEAM, arts and music enrichment, and college/vocational counseling, as well
as recommendations for the reallocation of funds for enhancements currently underway; and
WHEREAS, on March 26, 2018, the FCWPC recommended that City staff begin
negotiations to allow for implementation of the following educational enhancements:
Extracurricular after-school activities for Biscayne Elementary and Fienberg Fisher K-8 Center;
reading tutoring during and/or after-school at North Beach Elementary, South Pointe
Elementary, Fienberg Fisher K-8 Center, Biscayne Elementary, and Nautilus Middle; math
tutoring during and/or after-school at Nautilus Middle and Miami Beach Senior High School; and
expanded mental health services at all public elementary and middle schools in Miami Beach;
and
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WHEREAS, additionally, FCWPC recommended that City staff review the existing
Interlocal Agreement with Miami-Dade County Public Schools, providing for a Voluntary
• Prekindergarten (VPK) Program, in the amount of$141,000 per year, and to provide a notice of
termination to Miami-Dade County Public Schools in order to assist with the funding of the
recommended educational enhancements for the 2018-2019 school year; and
•
WHEREAS, on April 11, 2018, the City Commission approved the reduction of funding, '
for the VPK Program during the 2018-2019 school year, by terminating the VPK class at •
Fienberg Fisher K-8 Center and providing funding for fifty percent (50%) of personnel costs for .
the VPK class at Biscayne Elementary School, in an amount not to exceed $35,000, contingent
upon Miami-Dade County Public Schools funding the remaining costs of the Program; and
WHEREAS, on April 11, 2018, the City Commission approved all of the educational
enhancements recommended by FCWPC, and added, as an additional enhancement, tutoring
and SAT/ACT/PERT preparation program/materials for 500 youth at Miami Beach Senior High
School, in an amount not to exceed $12,500, commencing in the 2018-2019 school year,
subject to the approval of a budget amendment for FY 2017-2018 and funding approval
thereafter in each fiscal year through the City's budgetary process.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that the Mayor and City
Commission hereby accept the recommendation of the Finance and Citywide Projects
Committee to implement the following educational enhancements in the City's public schools for
the 2018-2019 school year and subsequent school years, subject to approval of a budget .
amendment for FY 2017-2018 and funding approval in each subsequent fiscal year during the
City's budgetary process: (i) afterschool activities at Biscayne Elementary School and
Fienberg/Fisher K-8 Center, in an amount not to exceed $60,000; (ii) reading tutors for students
who attend South Pointe Elementary School, North Beach Elementary School, Biscayne
Elementary School, Fienberg/Fisher K-8 Center, and Nautilus Middle School, in an amount not
to exceed $50,000; (iii) math tutors for students who attend Nautilus Middle School and Miami
Beach Senior High School, in an amount not to exceed $20,000; (iv) mental health service
expansion at South Pointe Elementary School, North Beach Elementary School, Biscayne
Elementary School, Fienberg/Fisher K-8 Center, and Nautilus Middle School, in an amount not
to exceed $60,000; and (v) college preparation program and materials for 500 Miami Beach
Senior High School students, in an amount not to exceed $12,500; further, authorize the City
Manager and City Clerk to execute any and all required agreements and documents to
implement the educational enhancements; further, authorize the reduction in funding, to an
amount not to exceed $35,000, of the Voluntary Prekindergarden (VPK) Program for the 2018-
2019 school year; and further authorize the City Manager to modify and/or terminate the
agreement with the School Board Of Miami-Dade County, Florida for the VPK Program, as
applicable.
PASSED AND ADOPTED this 11th day of April, 2018.
ATTEST: "r'h . .
.4 )11", lir
di / '`` d n eel- r, Mayor
/�c ` '. '_-, ' �.w� APPR �.N •S TO
Ra ael E. Granado, City Clerk (� FOP AGE
: :MCORP ORATEU. & -, EXEC TION
°T,-''' ... ''- N CityAttom= 1' ate
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Resolutions-C7 L
MAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: April 11, 2018
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE
FINANCE AND CITYWIDE PROJECTS COMMITTEE TO IMPLEMENT THE
FOLLOWING EDUCATIONAL ENHANCEMENTS IN THE CITY'S PUBLIC
SCHOOLS IN THE 2018-2019 SCHOOL YEAR, SUBJECT TO APPROVAL IN THE
CITY'S FY 2018/19 ANNUAL BUDGET: (I) AFTERSCHOOL ACTIVITIES AT
BISCAYNE ELEMENTARY SCHOOL AND FIENBERG/FISHER K-8 CENTER, IN
THE AMOUNT OF $50,000; (II) READING TUTORS FOR STUDENTS WHO
ATTEND SOUTH POINTE ELEMENTARY SCHOOL, NORTH BEACH
ELEMENTARY SCHOOL, BISCAYNE ELEMENTARY SCHOOL,
FIENBERG/FISHER K-8 CENTER, AND NAUTILUS MIDDLE SCHOOL, IN THE
AMOUNT OF $60,000; (Ill) MATH TUTORS FO.R STUDENTS WHO ATTEND
NAUTILUS MIDDLE SCHOOL AND MIAMI BEACH SENIOR HIGH SCHOOL, IN
THE AMOUNT OF $20,000; AND (IV) MENTAL HEALTH SERVICE EXPANSION AT
• SOUTH POINTE ELEMENTARY SCHOOL, NORTH BEACH ELEMENTARY
SCHOOL, BISCAYNE ELEMENTARY SCHOOL, FIENBERG/FISHER K-8 CENTER,
AND NAUTILUS MIDDLE SCHOOL, IN THE AMOUNT OF $60,000; AND
AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE ANY AND ALL
REQUIRED AGREEMENTS AND DOCUMENTS TO IMPLEMENT THE
EDUCATIONAL ENHANCEMENTS; AND FURTHER AUTHORIZING THE
REMOVAL OF THE VOLUNTARY PREKINDERGARTEN (VPK) PROGRAM FROM
THE EDUCATIONAL ENHANCEMENT STRATEGIES FOR THE FY 2018-2019
BUDGET, INCLUDING AUTHORIZING THE CITY MANAGER TO TERMINATE
THE AGREEMENT WITH THE SCHOOL BOARD OF MIAMI-DADE COUNTY,
FLORIDA FOR THE VPK PROGRAM.
•
RECOMMENDATION
At the March 26, 2018 FCWPC meeting, staff was requested to begin negotiations to allow for
implementation of the following educational enhancements: Extracurricular after-school activities for
Biscayne Elementary and Fienberg Fisher K-8 Center, reading tutoring during and/or after-school at
North Beach Elementary, South Pointe Elementary, Fienberg Fisher K-8 Center, Biscayne
Elementary, and Nautilus Middle and math tutoring during and/or after-school at Nautilus Middle and
Miami Beach Senior High School, and expanded mental health services at all public elementary and
middle schools in Miami Beach (See chart below).
Additionally, staff was directed to review the existing Interlocal Agreement with Miami-Dade County
Public Schools providing for voluntary prekindergarten services at $141,000 per year to provide
619
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notification of potential termination of such agreement for the 2018-19 school year to M-DCPS.
Additional Education Enhancements
Recommended for funding
2018-19 School year Projected Cost Apex.#of Youth
Extracurricular after-school activities,such as;
drama/theater,competitions,chorus,robotics,
coding etc., .$ 50,000 600
Reading tutors during end/or after-school
(elmentaiyand X-8 center) $ 50,000 1,250
Math tutors during and/or after-school thigh
school and middle school) $ 20,000 500
Mental Health Professional(LCSWJ one
additional elementary and middle school $ 60,000 4,000
Total $ 190,000 6.350
At the request of the FCWPC, administration will begin negotiations with identified partners to
provide the selected educational enhancements in the 2018-19 school year at a cost not to exceed
$190,000. Each enhancement will require extensive negotiations with multiple entities, and time
constraints may impact Fall 2018 implementation delays. Additionally, administration will notify
MDCPS of the possibility that the current interlocal Agreement to provide voluntary prekindergarten
classes will be terminated for the 2018-19 school year. This information is provided for further
discussion and consideration for implementation.
ANALYSIS
At the March 1, 2017, Commission meeting, a referral was made to the Finance and Citywide
Projects Committee (FCWPC) to examine options that may be available to the City to provide
supplemental funding for enhancements and other support for public schools within the City's
geographical boundaries. A companion item was also referred`to the Neighborhoods/Community
Affairs Committee(NCAC),to hold a discussion regarding a governance structure with respect to the
manner in which any such supplemental City funds to support public schools should be spent or
used. During the March 31, 2017 FCWPC meeting, members recommended the creation of a non-
profit charitable 501(c)(3)entity to raise funds for public education within the City. Resolution 2017-
30041 on October 18,2017 was repealed at the February 14, 2018 Commission meeting (Item C7W)
to allow for the utilization of One Miami Beach Inc. Not-for-profit 501(C)(3)organization for the public
purpose of accepting charitable donations to be used for providing education enhancements to Miami
Beach Public Schools.
Staff received direction at the April 26, 2017 Commission meeting to survey members of the
community with children in a Miami Beach public school to determine what educational
enhancements were needed, and present the findings to the Finance and Citywide Projects
Committee (FCWPC). City administration developed and conducted an education enhancement
survey in May 2017 to gather input on potential enhancement; this preliminary survey received 374
community responses. Staff met with Miami Beach public school principals and district personnel in
July 2017 to identify additional enhancements for inclusion in the follow-up prioritization survey.
Between October 11, 2017 and November 13, 2017 administration conducted an Education
Enhancement Prioritization Survey as directed. Results from the survey were shared via LTC 562-
2017 in November 2017. At the March 13, 2018 FCWPC meeting, staff was directed to review
unfunded educational initiative projected costs with each school PTSA Executive Board to further
prioritize potential enhancements for each school (Attachment A).
620
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•
Discussion included additional proposed enhancements from the Commission Retreat in March 2018
regarding STEAM, arts and music enrichment, and college/vocational counseling, as well as
recommendations for the reallocation of funds for enhancements currently underway.
EDUCATION COMPACT FUNDING CHART
The below chart provides information on enhancements currently underway, and estimated cost per
year. Also included is the estimated partner contribution for each enhancement and the number of
• youth participating annually. Currently, enhancements are funded from waste hauler public benefit
contributions to education at $100,000 per year and for FY18 $195,000 from parking garage
•
advertisement revenue. Also, $129,000 in funding is provided from the general fund in FY18.
OMB Annual Partner Annual Youth Estimated
Budgeted Estimated Particpatlon
Funding Contribution"' Annually
Volur tesy Pre-tttndes•gaoter $ 141,060.60 $ - 40
500 00:00 i,066,006Ab 4,a s
International Baccataureate S �
Miami Dade Public School Agendas $ 1$,Qi3i3.00 11,1.37.40 S,300
Nurse€nitiat€ve w/N 1g€ib ring
Municipalities $ 1 ,000.00 $ 17.601.0C 2,830
Nurse initiative-Behavortal-k?ea.rh S' 5- ,bl}DA4- .S IS:466.66 8,300
Mtai—Dade College Dual Enrollme-nt Program S 28,060.00 S 15,152.00 150
K
F€u Dual Enrotfinen-f.. S 54062.00 $ 33.545E.66,
rra 387
. . .
Lut^'aunTk�read5 sra;rarrc S i4;QQ13:OQ'. .,$
i�;4�8.��r 359
Substitute Teacher €ncentive
Program $ 3,000.00 S
Anti-Uafarnatfun LeagLI6-No Place
for
ataI-late..._.._. .. —
4,0000- $ 4.
3g5,003.Q0 1,129,911.74 '
*Partner annual estimated contributions are based on the following:
• IB — Per MDCPS estimated annual costs include IB coordinator at each of the six schools, IB
materials, IB Diploma exam costs, annual fees, etc.
• Agenda partner contribution$600 North Bay Village,$5,300 school PTSA, and$5,300 ad sales
• Nurse Initiative partner contribution $3,600 Towns of Surfside, Bay Harbor, and Bal Harbor,
and$6,600 North Bay Village
• Behavioral Health partners for mental health$22,000 Borinquen and$13,000 Children's.Trust
• Miami-Dade College dual enrollment$15,152 MDCPS contribution for textbooks
• Florida International University dual enrollment$33,568 MDCPS contribution for textbooks
• Common Threads partnership contribution of$12,928
• Anti-Defamation League partnership contribution$4,125
UNFUNDED PROPOSED EDUCATIONAL ENHANCEMENTS OPTIONS
The below chart provides information on enhancements not funded(if applicable), and estimated cost
per year for two(2)potential options(Attachment B-Option Details).
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•
Education Enhancements Unfunded Option in Option#Z
(as appilabiej Projected Cost P.rdjected Cost
State my teacher/professor
ParentACad6my-training by City on L'S)ng
Parent Portal
independent Evaluation cif school programs S 100.000
Extracurricular after-school activities,such as:
drama/theater.,competitions,chorus,robotics,
cacling etc., S Sa.SOO $ s1.600
Tutoring and ACT/SAT/PERT prep materials $ 12,500 S 75,250
• Reading and math tutors clueing and after-
sctiool S S0.000 $ SO.00C
Elan-sentaryTeaching Assistant grades K-1 S 218,4a4 S 599,760
Educational gvtdance and college application
assistance .S SS,000 C SD,E00
Reduce counseling teacher student ratios } ZOS,665 C a'a.964
Resos.iccts for ES5 students/programs $ 215,454 555,760
Weekend student tutorial program
ve/parttcl,patton fnceniives and snacks $ sz,800
Training portu n it tes for school security at
public.schools In Miami Beach
Truancy prevention programs •
Prcvfde additional security guards S 171,360 S -
Provide tntemet safety classes S - $ 6,000
Te chnol egy training at school sites for
parents/guardian s
Provide infornatlon techr,ologyiiT)support to
oubiic schools 5 104.358 S 200.750
Total $ 1.3OS.151
At the March 26, 2018 FCWPC meeting, staff was requested to begin negotiations to allow for
implementation of the following educational enhancements: Extracurricular after-school activities for
Biscayne Elementary and Fienberg Fisher K-8 Center, reading tutoring during and/or after-school at
North Beach Elementary, South Pointe Elementary, Fienberg Fisher K-8 Center, Biscayne
Elementary, and Nautilus Middle and Broth tutoring during,and/or after-school at Nautilus Middle and
Miami Beach Senior High School, and expanded mental health services at all public elementary and
middle schools in Miami Beach(See chart below).
Additionally, staff was directed to review the existing Interlocal Agreement with Miami-Dade County
•
Public Schools providing for voluntary prekindergarten services at $141,000 per year to provide
notification of potential termination of such agreement for the 2018-19 school year to M-DCPS.
•
Additional Education Enhancements •
Recommended forfunding • •
•
20184.4 School year • • Projected Cost , Appx,#of You*
Extracurricular after-school activities,such as:
drama/theater,competitions,chorus,robotics,
codlnRetc., $ 60,000 600
Reading tutorsduringand/or after-school
(etmentatyand -Ecenter) $ 50,000 1,250
Math tutors during and/or after-school(high
school and middle school) $ 20,000 500
•
Mental Health Professional(WSW)one
additional elementary and middieschool $ 60,000 4,000 •
Total $ 190,000 6,350 •
CONCLUSION
At the request of the FCWPC, administration will begin negotiations with identified partners to
provide the selected educational enhancements in the 2018-19 school year at a cost not to exceed
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$190,000. Additionally, administration will notifiy MDCPS of the possibility that the current Interlocal
Agreement to provide voluntary prekindergarten classes will be terminated for the 2018-19 school
• year (Attachment C). This information is provided for further discussion and consideration for
implementation.
KEY INTENDED_QUTCOMES SUPPORTED
Achieve Educational(K-12) Excellence
Legislative Tracking
Organizational Development Performance Initiatives
o_rzsor
Commissioner Aleman
•
•
•
ATTACHMENTS:
Description
e Attachment A-PTSA Executive Board Priorities
o Attachment B- Option Details
r� Attachment C-VPK Termination Letter
6
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Attachment A
EDUCATION ENHANCEMENT PRIORITIZATION BY SCHOOL PTSA EXECUTIVE BOARDS
Staff met with each Miami Beach public school PTSA Executive Boards to review results from
• the Educational Enhancement Prioritization Survey, as well as additional proposed
enhancements from the Commission Retreat in March 2018 and Commission meeting in March
2018. Below is a summary by schools of prioritized enhancements, as well as
recommendations for the reallocation of funds for enhancements currently underway.
Nautilus Middle School (March 14,2018)
Priority Enhancements requested needing funding (no specific order):
Reading and math tutors during and after-school
LCSW for Mental Health Support(+1 F/T)
Weekend student tutorial program
MB Police in lieu of SLO
Provide additional security guards (+4 PIT)
Provide Internet Safety classes (outside provider)
Arts & Culture enrichment during school hours and addition of similar class electives during
school hours(music, art, life skills, coding, etc.)
IT support personnel (+1 PIT)
Resources for ESE students/programs
Reduce counseling teacher student ratios
Bus transportation home for after-school PTSA enrichment, student club meetings, and school
sports programs
STEAM program support(TBD)
Additionally, the board identified two existing funded enhancements to sunset with those funds
to be used for reading and math and LCSW mental health professional:
VPK—Voluntary Pre-Kindergarten$141,000
Dual Enrollment after-school $9,000
Miami Beach Senior High School (March 20,2018)
Priority Enhancements requested needing funding (no specific order):
Access for MB youth to city facilities
Extracurricular after-school activities such as drama/theater, coding, robotics, etc.
LCSW for Mental Health Support(+1 FIT)
Tutoring ACT/SAT/PERT
Reading and math tutors during and after-school
College guidance assistance
Resources for ESE students (+3 P/T)
Reduce counseling teacher student ratios (+4 FIT)
MB Police in lieu of SLO (+1 FIT)
Provide additional security guards(+3 P/T)
IT support personnel (+1 PT)
STEAM program support(TBD)
Additionally, the board identified two existing funded enhancements to sunset with those funds
to be used for reading and math and LCSW mental health professional, and.MB PD in schools:
624
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VPK—Voluntary Pre-Kindergarten$141,000
School Liaison Officers-$250,000 to be used for MB PD
North Beach Elementary(March 21,2018)
Priority Enhancements requested needing funding (no specific order):
Access for MB youth to city facilities
• LCSW for Mental Health Support(+1 F/T)
Reading and math tutors during school
•
Elementary Teaching Assistant grades K-1 (+3 F/T)
Resources for ESE students (+3 P/T)
MB Police in lieu of SLO(+1 F/T)
Provide additional security guards(+3 P/T)
IT support personnel (+2 PT)
STEAM program support (1 P/T lab coordinator and lab)
Additionally, the board identified two existing funded enhancements to sunset with those funds
to be used for reading and math and LCSW mental health professional, and MB PD in schools:
VPK—Voluntary Pre-Kindergarten decreased by 1.class$70,000
School Liaison Officers-$250,000 to be used for MB PD
Biscayne Elementary(March 21,2018)
Priority Enhancements requested needing funding (no specific order):
Extracurricular after-school activities
LCSW for Mental Health Support(+1 F/T)
Reading and math tutors during school
Elementary Teaching Assistant grades K-1 (+10 P/T)
Resources for ESE students (+10 P/T)
Weekend student tutorial
MB Police in lieu of SLO (+2 FIT)
• Provide additional security guards(+2 PIT)
IT support personnel (+1 PT)
STEAM program support (1 PIT lab coordinator and lab$20,000)
Art and Music Enrichment
Additionally, the board identified two existing funded enhancements to sunset with those funds
to be used for reading and math and LCSW mental health professional, and MB PD in schools:
School Liaison Officers-$250,000 to be used for MB PD
Fienberg Fisher K-8 Center(March 21,2018)
Priority Enhancements requested needing funding (no specific'order)":
Extracurricular afterschool activities
LCSW for Mental Health Support(+2 F/T)
Reading and math tutors during school
Elementary Teaching Assistant grades K-2(+15 F/T) •
Resources for ESE students(+10 P!T)
MB Police in lieu of SLO (+1 F/T)
Provide additional security guards (+2 P/T)
IT support personnel(+1 P/T)
x
625
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i I
DocuSign Envelope ID:8380C5B6-E6CD-4DD4-9D60-5B1 DC2228A08
STEAM program support (1 PIT lab coordinator and lab)
Art and Music Enrichment
Additionally, the board identified two existing funded enhancements to sunset with those funds
to be used for reading and math and LCSW mental health professional, and MB PD in schools:
VPK—Voluntary Pre-Kindergarten decreased by 1 class$70,000
School Liaison Officers-$250,000 to be used for MB PD
626
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Attachment B
Detailed explanations for each enhancement option are provided below:
• Rate my teacher/professor—no funding needed as program is available and in use
• Parent Academy-training by City on using Parent Portal — MDCPS offers "Technology
and the modern family", as well as training from the State Attorney, Public Defender's
Office, and Melissa Institute through MB Parent Academy at no cost. Student curriculum
includes Digital Citizen Initiative with two lessons per quarter including Common Sense
Digital Citizenship and Social Media tips.
• Independent Evaluation of school programs may be completed by consultant pending
cooperation from M-DCPS for needed data sets.
• Extracurricular after-school activities, such as: drama/theater, competitions, chorus,
robotics, coding etc..
o Option #1 includes partnership with school PTSA for hourly coach/instructor for
various programs at$65-$100 per hour for 14 days per semester for 15.youth per
program. Option includes $1,400 per class with 10 classes in both the Fall and
• Spring for two (2) Biscayne Elementary and Fienberg Fisher K-8 Center, with an
additional $2,500 administrative cost for classjuggler.com for ease of scheduling
and registration. Total cost $58,500 per year for two schools for between
• 600—800 youth.
o Option #2 includes partnership with external STEM company for three step_
programs (Robotics, STEM rotation, and Advanced STEM) for $75 per hour for
20-40 youth per semester for 44 days (2 hours each session) at $6,600 per
school for six schools plus an assistant .at $20 per hour at $2,000 per
school. Total $8,600 per school for 40 youth at each school for 6
schools. Total cost$51,600 for 240 youth.
• Tutoring and ACT/SAT/PERT prep materials
o Option #1 includes partnership with Prep Works for SAT/ACT/PSAT test
preparation for 500 students using online support and teacher training to
increase utilization at total cost of$12,500 per year for 500 youth.
a Option #2 includes partnership with Kaplan SAT/ACT test prep with live online
sessions for a 25 hour class for up to 50 youth at $15,250 per session. Total
cost$76,250 for 5 sessions for 250 youth.
• Reading and Math tutors during and after-school
o Options #1 provides for partnership with local university during critical reading
course for 25 college students at a Miami Beach elementary/middle school site at
$10 per hour per student for up to an additional 100 hours per semester (25
youth each semester) each for reading interventions. University professor to
supervise. Total cost$50,000 for 1,250 youth at five(5)schools.
o Option #2 provides for partnership with local college during practicum class for
25 college students to provide reading intervention at elementary/middle school
site at $10 per hour per student for up to an additional 100 hours per semester
(25 youth each semester) each for reading interventions. Total cost $50,000
for 1,250 youth at five(5) schools.
• Elementary Teaching Assistant grades K-1
o Option#1 includes hourly non-degreed teaching assistants at$10.20 per hour+
19% fringe (5 hours per days x 180 days = $10,925 per) for 20 assistants
at $218,484 for two(2)schools.
o Option#2 includes hourly degreed teaching assistants at $28 per hour + 19%
fringe(5 hours per days x 180 days =$29,988 per)for 20 assistants at $599,760
for two (2)schools.
627
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• Educational guidance and college application assistance
o Option #1 includes a partnership with college counselor services outside of
school for in-person/skype individual youth sessions up to 4 hours per year per
youth afterschool/evenings year-round for 500 high school youth and 4-6 onsite
parent/student informational sessions. Total cost is $85,000 for 2,000 hours
for 500 youth.
o Option #2 includes online support for 500 students. Total cost is $30,800
($10,400 startup)for 500 youth.
• Reduce counseling teacher student ratios
o Option #1 adds a traditional counselor to three schools per year. Cost$68,555
per counselor per school with fringe. Total cost for three counselors $205,665
per year.
o Option #2 hires hourly counselors during school hours at $28 per hour for 5
hours per day plus 19% fringe. Total cost is $89,964 for three hourly
counselors per year:
• Resources for ESE students/programs
o Option #1 includes hourly non-degreed teaching'assistants at$10.20 per hour+
19%0 fringe (5 hours per days x 180 days = $10,925 per) plus $50 per for
paraprofessional exam ($1,000) for 20 assistants at $219,484 for six (6)
schools.
o Option #2 includes hourly degreed teaching assistants at $28 per hour + 19%
fringe (5 hours per days x 180 days= $29,988 per)for 20 assistants at $599,760
for six(6)schools.
• Weekend student tutorial program w/participation incentives and snacks provides for
hourly MDC honors program students at$10 per hour for 3 hours per week for 36 weeks
plus snacks at $3,000 per site ($1,080 per tutor for 10 tutors x 36 days plus
snacks). Bus transportation for youth to be determined. Total cost $13,800 per
school for 6 schools at$82,800.
• Truancy prevention programs are provided through MDCPS success programs. City
may apply for grant funding (Ex.JAMS)for 75 youth from MBSH in 2018-19 at$37,000.
• Provide additional security guards provides for hiring of part time security between $10-
$18 per hour and 19%fringe ($10,710 per)with projection of 16 positions(8 elementary,
3 Nautilus, 5 Beach High). Total cost$171,360.
• Provide Internet safety classes
o Option#1 provides Internet safety through MDCPS at no cost
o Option #2 provides Internet safety through outside provider at $2,000 for 2 hour
class for 1,000 youth per class. Total cost$6,000 for three schools.
• Technology training at school sites for parents/guardians offered at no cost through
MDCPS MB Parent Academy
• Provide information technology(IT)support to public schools
o Option#1 provides for hourly degreed IT support at$28 per hour plus 19%fringe
for 5.8 hours per day for 180 days a year. Total cost for 3 positions is
$104,358
o Option #2 provides for full time IT support at $28 per hour plus 19% fringe at
$66,910 per position. Total for 3 positions$200,730.
628
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Attachment C
wo
}` _ •:• iH 1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeochfl.gov
OFFICE OF THE CITY ATTORNEY
Tel:305-673-7470,Fax:305-673-7002
April 11,2018 Certified Mail No.
Return Receipt Requested
Mr.Alberto Carvalho
Superintendent of Schools
Miami-Dade County Public Schools
1450 N.E.2nd Avenue,Suite 912
Miami, Florida 33132
RE: Interlocal Agreement(the Agreement)between The School Board of Miami-Dade County,
Florida (M-DCPS) and the City of Miami Beach, Florida (the City) for the funding of
Voluntary Prekindergarten(VPK)classes.
Dear Mr.Carvalho:
Pursuant to the above captioned Agreement,the City currently provides funding for two(2)VPK classes,
being offered at Biscayne Elementary School and Fienberg Fisher K-8 Center(the VPK program).
At today's meeting of the City's Finance and Citywide Projects Committee(the Committee),Committee
members provided direction to the Administration to recommend not appropriating funds for the VPK
program for the fiscal year 2018-2019 budget. A final.decision will not be made until the issue is
discussed by the Mayor and City Commission during the April 11, 2018 City Commission meeting;
however, in an abundance of caution, I wanted to place you on notice of the possibility that the VPK
program may not be funded for next year. If the decision is made by the City Commission to not fund the
VPK program for next year,the City will promptly send you a notice of termination pursuant to Section
3.08 of the Agreement.
Should you have any questions, please do not hesitate to contact me directly at 305-673-7020.
Sincerely,
Dr. Leslie D. Rosenfeld
Chief Learning and Development Officer
Cc: Via e-mail only:
Raul J.Aguila, City Attorney
Jimmy L. Morales, City Manager
Kathie Brooks,Assistant City Manager
Via Certified Mail-Return Receipt Requested:
Marie lzquierdo, MDCPS Chief Academic Officer
Walter Harvey, MDCPS School Board Attorney
629
DocuSign Envelope ID:4957D26B-C788-4F26-8618-7BDB34BBE403
MI A M 1 BEACH 'contract/Document ltouting.Forml
Contract No. Title °•
ICA:Sofia Fuentes Reading Interventionist Spring 2023
"Contractor °'' Re `uestbriDe.artrjndnt"
Sofia Fuentes EDUCATION&PERFORMANCE INITIATIVES
.-De.a"rtftlentD1retCto:.atne. ;;{tom `"DS i:_h ..,. ' ,ACM,Na a&ST -Sig edb: '
DR.LESLIE ROSENFELD !„/ •
KATHIE BROOKS
1.14R,4c A49f1744F `—CA517603D345483...
s pet naeiit<t."e" Select One
Type 1—Contract,amendment,change order or task order resulting from a procurement-issued competitive solicitation.
Type 2—Other contract,amendment,change order or task order not resulting from a procurement-issued competitive solicitation.
X Type 3—Independent Contractor Agreement(ICA) Type 6—Tenant Agreement
Type 4—Grant agreements with the City as the recipient Type 7-Inter-governmental agency agreement
Type 5—Grant agreements with the City as the grantor Other:
,Btief?Surrun';&iPtir'' ose: attic"gym- a(#.at 4it1 »ats atces a ber sa "
Contractor will provide reading intervention at Biscayne Beach Elementary in Spring 2023.An educational enhancement
approved by Reso 2018-30259 is reading tutors for students who attend SPE,NBE,Biscayne Elem, Fienberg/Fisher K-8 and
Nautilus Middle School,in an amount not to exceed$50,000. Reso 2018-30259 authorizes the City Manager and City Clerk
to"execute any and all required agreements and documents to implement the educational enhancements."
Oi- inai Tenet ."" , ; ..w<,�' TbtarT taY► 'kd eile s] °
January 9,2023-June 7,2023 NA 1
;, "Fun Iri (ri a a on : r _� j r
Grant Funded: Yes •X No State Federal Other:
S
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Ye '.`: ,.,v rAi mfa.JaCos ccdu t �a RegUire'Enfl nCEP.P.0..
1 $9,450 011-0332-000343-16-400-582-00 Yes X No
2 lh Yes No
3 Yes No
4 Yes No
5 Yes No
1.For contracts longer than five years,contact the Procurement Department. 2.Attach any supporting explanation needed.
3.Budget approval indicates approval for current fiscal year only. Future years are subject to City Commission approval of
annual adopted operating budget..
fiVrtk
City Commission Approved: X Yes No Resolution No.: CC Agenda item No.: CC Meeting Date:
Reso 2018-30259
If no,explain why CC approval is not required:
Legal Form Approved: X Yes No If no,explain below why form approval is not necessary:
30". .+ #C",Q �iiartGe A.°ravels,se-}2.� •„Ctl•" . +,t "
Procurement:N/A Grants:
Budget:Tameka Otto D,euSignedby: - Information Technology:
Stewart ttmit ia. .Sit.deed
Risk.Management:Marc C94:7017gEEti'd63... Fleet&Facilities:
Chevalier kart.CaCtp-Va�iCY'
Human Resources:Marla Ce SEo��ggAt4o8... Other:
Alpizar jt41Y{41 Q((ri" r
"—D E462A0AF40D43C...
DocuSign Envelope ID:4957D26B-C788-4F26-8618-7BDB34BBE403
DocuSign Envelope ID:8380C5B6-E6CD-4DD4-9D60-581DC2228A08