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Method Learning Terms and Conditions DocuSign Envelope ID:9412F6A7-4058-4CDB-B6E3`FEA9283D3510 cso:2018-302:59 Method Learning Terms and Conditions For the City of Miami Beach Method Learning, Inc. ("Method Learning"), a New York Corporation having its principal address at 15 Blacksmith Ln. E. Northport, NY 11731, is pleased to provide the City of Miami Beach, • Florida ("Client or the "City"), a municipal corporation organized and existing under the laws of the State of Florida, having its principal place of business at 1700 Convention Center Drive, Miami Beach, Florida 33139, with a 1-year agreement, based upon the Terms and Conditions set forth herein, to serve as a site license for up to 600 students at Miami Beach Senior High School ("MBSHS"), located at 2231 Prairie Avenue, Miami Beach, Florida 33139, for Method Learning SAT and ACT online adaptive programs (collectively, the"Programs"). INTRODUCTION 1. Method Learning gives students the knowledge and confidence needed to score on the SAT and ACT at their full potential.We help students develop skills to improve their college options while also positively impacting classroom performance. 2. Our combination of self-paced lessons, teacher-led classes and small group or one-to- one tutoring — coupled with flexible online, in-school or at-home delivery options — maximizes results by providing appropriate access to ALL students. 3. We do not follow cookie-cutter methods for preparing students. While we start with the test standards, we infuse and constantly improve our proprietary methods to support individual learning styles. 4. Students score at their full potential because our teachers and developers are educators with the highest credentials in the industry. Our passionate team knows the SAT and ACT inside-out and continually strives to improve methods and outcomes across all Method Learning solutions. II. METHOD LEARNING SOLUTIONS 1. Our combinations of classes, tutoring and self-paced online test prep give you options to meet your school's unique needs, while maximizing opportunities for all students—even those who may not have previously considered college as a possibility for their future. 2. As an added benefit, our solutions go beyond the improved SAT and ACT scores. They also improve writing, reading, critical thinking and math skills for better classroom outcomes, overall. 3. Self-paced online program. a. Our self-paced program is a time-tested and proven tool for student success. Whether used in conjunction with a school day class, or used strictly at student discretion, the self-paced program provides an easy to follow checklist that will build student confidence and competence on the material covered by the ACT and SAT. The self-paced program also features our unique Vocabulary builder tool, and comes with numerous downloadable documents, study guides and instructional videos. b. The self-paced program also provides a wide array of tools for teachers and administrators to use to track student progress, create and score customized quizzes and tests, and lessons calibrated to the Common Core. DocuSign Envelope ID:9412F6A7-4058-4CDB-B6E3-FEA9283D3510 4. Solutions Offered: a. Access to Methodize, Method Learning's Asynchronous Online SAT and ACT Curriculum tool, for up to 600 students. b. Access during the Summer months of June, July, and August 2023 will be for residents of the City of Miami Beach on a first come, first served basis. c. Access during the Academic Year of September 2023-June 2024 will be determined by the school districts within the City of Miami Beach. d. Every Methodize subscription offers: 1. Unlimited support, training, and professional development for staff members at dates and times convenient for the organization. Community information sessions will be held in May and June annually. Training and sessions will be conducted virtually via • Google Meet or similar online meeting software. 2. Real time student progress and skill tracking a. Methodize allows teachers and students to track various performance metrics such as time spent, completion percentage, areas of strength and weakness, and total number of logins. b. Method Learning will provide progress updates monthly to any party requesting such data. 3. Students can be enrolled in the platform in the following ways: a. Self-Creation via weblink b. Mass Upload via CSV file by MBSHS or Client. c. Individually by a teacher or admin at the school or city level. d. No personally identifiable data is necessary to create an account. III. TERMS AND CONDITIONS: 1. These Method Learning Service Terms and Conditions ("Terms and Conditions") are related to, and deemed incorporated into, an Order Form between Method Learning, Inc., a New York corporation reachable at 15 Blacksmith Ln. E. Northport, NY 11731 ("Method Learning") and Client or related to the purchase of any product or service from Method Learning, the Method Learning website ("the Site"), Method Learning App ("the App") or Methodize. Client's execution of an Order Form or purchase of a product, as defined below, referencing these Terms and Conditions shall be deemed Client's agreement to these Terms and Conditions. In the event of any conflict between the terms of the Order Form or The Site and these Terms and Conditions, the Terms and Conditions shall control with respect to such conflicting terms, unless an amendment to these Terms and Conditions is executed by both parties. 2. DEFINITIONS. As used in these Terms and Conditions, the following terms shall have the following meaning: "Agreement" means these Terms and Conditions, any Order Forms, and any other materials available on Method Learning's website all of which are specifically incorporated by reference herein, as may be updated by Method Learning from 2 DocuSign Envelope ID:9412F6A7-4058-4CDB-B6E3-FEA9283D3510 Jucuolyll GIIVCIVyC IL/.I.L IOCD '.- C0-Yor.-fs I DC-CDOVOJ I Lr/O/I time to time in its sole discretion; "Content" means any data, information, files, images, text or other content that may be provided by Client or Users for use in conjunction with the Services; "Order Form" means the form evidencing the initial Services and any subsequent Order Forms, specifying, among other things, the number of users and other services contracted for, applicable fees, billing period, and other charges as agreed to between the parties, each such Order Form to be incorporated into and to become a part of the Agreement; "Services" means resources, including workbooks, lessons, learning methods, tips, strategies, practice questions, and other products and services provided by Method Learning pursuant to the Agreement; "Term" means the period during which the Services will be provided by Method Learning to Client, including the Initial Term and any Renewal Terms (each as defined in Section 8); "Third-Party Provider" means any Method Learning pre-approved third-party that contracts directly with Client to provide access to the Services through the provider's equipment and web portal; "User Documentation" means the Method Learning user documentation relating to the Services including those set forth on Method Learning's website; "Users" means Client's authorized users who are active students who have accessed their Services' profile within the previous 180 days. 3. SCOPE. A. Method Learning will provide SAT and ACT programs to students at MBSHS. B. Program fees ($12,000)will be paid to Method Learning by Client. C. Method Learning shall provide Progress Reports and Standards Reports for students, teachers, and administrators. D. Method Learning guarantees that no FERPA-protected information will be provided to Client. E. During the Term of this Agreement, Method Learning is strictly prohibited from offering virtual private instruction for an additional fee or one on one instruction to any youth who attends Miami Beach Nautilus Middle School and MBSHS. • F. Total Fees: Site License fees for SAT and ACT for the Term: $12,000 due in net 30 days. 4. ACCESS GRANT. Method Learning grants to Client, a personal, revocable, non- assignable, non- transferable, nonexclusive, non-sublicensable right to access and use the Services and the User Documentation only as authorized in the Agreement, for the purpose of providing access to City of Miami Beach youth residents and students attending MBSHS, during the Term. Method Learning understands that Client has no control over the use of the program at the school site or on resident personal computers and will not be responsible for installation of the program on any devices. It is the understanding of Client that Method Learning will host the services and the student users will access through the Internet through the use of the Internet and students' or MBSHS computers. 5. ACCESSIBILITY. Method Learning will make the Services available for Client to provide to Miami Beach residents and students at MBSHS during the Term on MBSHS or student computer systems that meet the Method Learning system recommendations, which MBSHS will review. Method Learning will provide Client with access to the latest supported version of the Services via the Internet, except for scheduled system back-up or other on- going maintenance as required. For Clients that subscribe to Services through a Third- Party Provider, Clients and their Users must access Services through such Third-Party Provider's systems. If for any reason Client or any related User is unable to access the 3 DocuSign Envelope ID:9412F6A7-4058-4CDB-B6E3-FEA9283D3510 Jo(u ign CrIYCIUpe IU.lwL I OCOU4-J4C0-'IOrJ-M 1 CC-COOLIOJ I IJ/O f 1 Services through such Third-Party Provider's systems, Method Learning may (but is not required to)provide Client direct access to Services for the remainder of the current Term. 6. LIMITATIONS.The maximum number of Users that are simultaneously accessing or using the Services at any given time shall not exceed the site-wide limit specified in the Order Form. Client's use of the Services may not exceed the scope of the use provisions without the express written agreement of Method Learning and Client may increase site license as needed at the pre-negotiated rate. 7. FEES, PAYMENT AND CANCELLATION. A. SCHOOLS, ORGANIZATIONS AND WHITE LABEL CLIENT PAYMENT POLICY FOR METHODIZE AND Method Learning APP. Client shall pay a "Subscription Fee" on an annual basis during the Term, as described in the Order Form. The Subscription Fee for any Renewal Term (defined below). Client shall pay all amounts due hereunder within thirty(30)days of its execution of an Order Form or after its receipt of an invoice for any Renewal Term or other fees due hereunder, as applicable. B. CANCELLATION AND REFUND POLICY. Method Learning has a no refund policy for schools, organizations and white label clients after the start date of a subscription for Methodize or Method Learning App regardless of usage. Unused accounts have no cash value. C. TUTORING CLIENT PAYMENT POLICY. Method Learning may not provide any private tutoring for any students under this Agreement at any time. D. a Pay-as-you-go: Method Learning may not provide any tutoring services to any users under this Agreement. E. Packages: No packages will be available to users under this Agreement for the term of the Agreement. F. Failed payments: Client will pay an invoice upon execution of the Agreement. G. TUTORING CANCELLATION POLICY. Method Learning may not provide any tutoring to users under this Agreement at any time during the Term. 8. TERM AND TERMINATION. A. Initial Term; Renewal Terms. The Term will commence when Method Learning begins making the Services available to the Client. The Term shall continue in effect for a period of twelve (12) months-(the "Initial Term") or any subsequently approved twelve (12)month renewal term ("Renewal Term(s)") (the Initial Term or any approved Renewal Term shall be collectively referred to as the"Term"), unless sooner terminated as provided in the Agreement. Any Renewal Terms shall be subject to the mutual agreement of the parties, and formalized through a signed amendment to these Terms and Conditions or a signed Order Form, as the Client's 4 DocuSign Envelope ID:9412F6A7-4058-4CDB-B6E3`FEA9283D3510 ability to enter into a Renewal Term shall be subject to funding approval of the Fee for the Renewal Term during Client's annual budgetary process. B. Termination for Breach. Either Client or Method Learning may terminate the Agreement as a result of a material breach of the Agreement by the other party, if (a)such party provides written notification to the other party of the material breach, and (b) such material breach is not resolved within thirty (30) days of notification. Client agrees to a 20% restocking fee on all Services for failure to pay fees in a timely manner. In the event of termination of the Agreement for any reason,Client's access and use of the Services shall cease immediately with no further recourse to Method Learning. C. Survival. The terms of Sections 11, 12, 13, 14, 15, 16, 19, 21, and 24 of these Terms and Conditions shall survive the termination of the Agreement. 9. MAINTENANCE, AVAILABILITY, CONTENT. Method Learning and/or its hosting or telecommunications vendor(s) may perform system maintenance and upgrades during non-peak hours. Client understands and agrees that there may be instances where Method Learning needs to interrupt access to the Services without notice in order to protect the integrity of the Services due to security issues, virus attacks, spam issues or other unforeseen circumstances. Method Learning reserves the right to review Content in its discretion. Method Learning reserves the right to (a) disable access to or delete any Content which it determines in its sole discretion (such discretion to be exercised in good faith) to be illegal, obscene, threatening, defamatory, fraudulent, infringing, harassing, or otherwise offensive, and (b) disable access to or delete any other Content, as such circumstances are determined in good faith by Method Learning. 10. CLIENT RESPONSIBILITIES. Client is not responsible for providing support for Users and ensuring that Users comply with the Agreement with respect to use of the Services. Client shall provide connectivity and security to the Internet for its location(s) for purposes of providing adequate access to Services. Client must notify Method Learning in advance if any Users are children under the age of 13 and assist Method Learning, if applicable, in obtaining verifiable parental consent prior to registration. Client is responsible for ensuring the confidentiality of Users' accounts and passwords, and to immediately notify Method Learning of any unauthorized access, use or breach of security of a Method Learning account. Client will comply with any applicable laws and regulations pertaining to this Agreement. 11. INTELLECTUAL PROPERTY RIGHTS. Client agrees that the User Documentation and Services are proprietary products and services, and that all right, title and interest in and to the User Documentation and Services, including all associated intellectual property rights, are and shall at all times remain with Method Learning and its third party licensors. The Services contain trade secret and proprietary information owned by Method Learning or its third party licensors and is protected by United States copyright laws, trademark laws and international trade provisions. Client must treat the Services like any other copyrighted material and Client may not copy or distribute the Services or the User Documentation, electronically or otherwise, for any purpose. Client hereby grants to Method Learning a worldwide, irrevocable, fully-paid, nonexclusive right to use all Content as necessary for Method Learning's business. 5 DocuSign Envelope ID:9412F6A7-4058-4CDB-B6E3-FEA9283D3510 12. OTHER RESTRICTIONS. Client agrees not to reproduce, duplicate, copy, sell, resell or exploit for any purpose, commercial or otherwise, any portion of the Services, use of the Services, or access to the Services. Client may not make any attempt to ascertain, derive or obtain the source code for the Services. Client will not use the Services to take any actions that(i) infringe on any third party's proprietary rights or rights of publicity or privacy; (ii) violate any applicable law, statute, ordinance or regulation; (iii) are defamatory, trade libelous, threatening, harassing, or obscene; or (iv) constitute unauthorized entry to any machine accessible via the network. Client will comply with Method Learning's usage policies as stated in the Agreement and located on Method Learning's website. Client shall not make any modifications to the Services. Any modifications that Client makes to the Services will constitute a material breach of the Agreement. 13. CONFIDENTIAL INFORMATION. Method Learning understands and agrees that it is subject to all federal and Florida laws with respect to the confidentiality of student information, shall regard all student information as confidential, and will not disclose the student information to any third party. All information disclosed by Method Learning to Client in connection with the Agreement that is identified in writing at the time of disclosure as being confidential or should be reasonably understood to be confidential or proprietary shall be treated as confidential information unless it is or becomes publicly available through no fault of Client, is already known to Client, or is later rightfully obtained by Client from independent sources. Method Learning's confidential information shall be held in strict confidence by Client, and shall not be used or disclosed by Client for any purpose except as necessary to implement or perform the Agreement. Notwithstanding the foregoing or anything to the contrary in this Agreement, any information which is subject to disclosure pursuant to Public Records laws, including Chapter 119, Florida Statutes, shall not constitute Confidential Information, which information may include, but is not limited to, the business terms of this Agreement, including this Agreement or any other agreements between the parties (collectively, the Agreements), the payments made or received pursuant to the Agreements, or other like information relating to the transaction of the official business of the Client, in its capacity as a Florida municipal corporation. 14. FLORIDA PUBLIC RECORDS LAW. A. Method Learning 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 Client. C. Pursuant to Section 119.0701 of the Florida Statutes, if Method Learning meets the definition of "Contractor" as defined in Section 119.0701(1)(a), Method Learning shall: 1. Keep and maintain public records required by the Client to perform the service; 2. Upon request from the Client's custodian of public records, provide the 6 DocuSign Envelope ID:9412F6A7-4058-4CDB-B6E3-FEA9283D3510 Client 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 Method Learning does not transfer the records to Client; 4. Upon completion of the Agreement, transfer, at no cost to Client, all public records in possession of Method Learning or keep and maintain public records required by Client to perform the service. If, Method Learning transfers all public records required by Client upon completion of the Agreement, Method Learning shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If, Method Learning keeps and maintains public records upon completion of the Agreement, Method Learning shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to Client, upon request from Client's custodian of public records, in a format that is. compatible with the information technology systems of Client. D. REQUEST FOR RECORDS; NONCOMPLIANCE. 1. A request to inspect or copy public records relating to Client's contract for services must be made directly to Client. If Client does not possess the requested records, the Client shall immediately notify Method Learning of the request, and Method Learning must provide the records to Client or allow the records to be inspected or copied within a reasonable time. 2. Method Learning's failure to comply with Client's request for records shall constitute a breach of the Agreement, and Client,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. 15. INDEMNITY. To the extent allowable, and subject to the limitation on the Client's liability, as set forth in Section 768.28, Florida Statutes, the Client shall indemnify and defend Method Learning, its partners and each of their respective directors, officers, employees, agents, and affiliates against any claims (i) resulting from Client's or its Users use of the Services or access to Method Learning's website (or any unauthorized access to Method Learning's website resulting from Client's or its Users'failure to control the access granted herein); (ii) that any Content infringes or violates any rights of another; or (iii) relating to Client's or Users' failure to comply with the Agreement. 16. DISCLAIMER OF WARRANTIES. METHOD LEARNING DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS OBTAINED BY CLIENT IN USING THE SERVICES, OR THAT THE SERVICES WILL MEET CLIENT'S REQUIREMENTS OR THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR- FREE. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. METHOD LEARNING EXPRESSLY DISCLAIMS ALL REPRESENTATIONS OR 7 DocuSign Envelope ID:9412F6A7-4058-4CDB-B6E3-FEA9283D3510 1 -- --- - ---- ._. _._------------ - WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY (BY ANY TERRITORY OR JURISDICTION) TO THE EXTENT PERMITTED BY LAW, AND FURTHER METHOD LEARNING EXPRESSLY EXCLUDES ANY WARRANTY OF NON- INFRINGEMENT, TITLE, FITNESS FOR A PARTICULAR PURPOSE, OR MERCHANTABILITY TO THE EXTENT PERMITTED BY LAW. 17. LIMITATION OF LIABILITY. IN NO EVENT SHALL METHOD LEARNING BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, LOST DATA, LOST PROFITS, OPPORTUNITIES OR CONTRIBUTIONS, LOSS OF USE, GOOD WILL, BUSINESS INTERRUPTION, COST OF COVER, OR OTHER PECUNIARY OR NON-PECUNIARY LOSS, HOWEVER ARISING, EVEN IF METHOD LEARNING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.THE PARTIES AGREE TO THE ALLOCATION OF RISK SET FORTH HEREIN. 18. FORCE MAJEURE. Neither party shall be liable for any failure to perform its obligations under the Agreement if prevented from doing so by a cause or causes beyond its control. 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. 19. INDEPENDENT CONTRACTOR STATUS. Method Learning performs the Services as an independent contractor, not as an employee of Client. Nothing in the Agreement is intended to construe the existence of a partnership, joint venture, or agency relationship between Client and Method Learning. 20. NOTICES. All notices or other communications referenced under the Agreement shall be made in writing and sent to "Attention: Chief Operation Officer" at Method Learning's address designated above and to Client's address set forth in the Order Form, or to the address otherwise designated from time to time in writing by the Parties. All notices shall be deemed given to the other party if delivered receipt confirmed using one of the following methods: registered or certified first-class mail, postage prepaid; recognized courier delivery; or electronic mail. 21. DISPUTE RESOLUTION. Any disputes or claims under the Agreement or its breach shall be submitted to the exclusive jurisdiction of the courts located in Miami-Dade, Florida, and the laws of Florida shall be applied, excluding choice of law principles. Each party shall be responsible for its own attorneys'fees and costs, from pre-trial through all appeals. 22. ASSIGNMENT. The Agreement shall not be assigned by Client without the prior written consent of Method Learning. Any attempted assignment in violation of this provision shall be null and void. Subject to the foregoing, the Agreement is binding upon, inure to the benefit of, and are enforceable by the parties hereto and their respective successors and assigns. 23. INSURANCE REQUIREMENTS. Method Learning shall obtain and maintain without interruption the insurance as outlined below. Method Learning agrees to furnish a fully completed certificate of insurance naming Client as the certificate holder, signed by an 8 DocuSign Envelope ID:9412F6A7-4058-4CDB-B6E3-FEA9283D3510 J VI.UJII�II GIIYGIV�JG IV.VC.I:Jt-1�.7Y-JYL:J-YUI"J/,1DL-LU:JIJVJ I VIJI authorized representative of the insurer providing such insurance coverages. The insurance coverages and limits shall meet, at a minimum, the following requirements: A. General Liability Insurance, in the amount of$1,000,000 general aggregate; B. Workers Compensation & Employers Liability, as required pursuant to Florida Statutes; and C. Cyber Liability Insurance, with limits of not less than $1,000,000 for each wrongful act, and Liability for security or privacy breaches, including loss or unauthorized access to the Client's or student's data; Costs associated with a privacy breach, including consumer notification, customer support/crises management, and costs of providing credit monitoring services; expenses related to regulatory compliance, government investigations, fines, fees assessments and penalties; costs of restoring, updating or replacing data; privacy liability losses connected to network security, privacy, and media liability "Insured versus insured" exclusion prohibited. The insurance provided by Method Learning shall apply on a primary basis. Any insurance, or self-insurance, maintained by Client shall be excess of, and shall not contribute with, the insurance provided by Method Learning. The insurance certificates for General Liability and Cyber Liability Insurance shall include Client as an additional insured and shall contain a waiver of subrogation endorsement. Unless otherwise notified, the certificate of insurance shall be delivered to: City of Miami Beach, Florida 1700 Convention Center Drive, Miami Beach, Florida 33139 Attention: Risk Management 24. INSPECTOR GENERAL AUDIT RIGHTS: A. Pursuant to Section 2-256 of the Code of the City of Miami Beach, Client has established the Office of the Inspector General which may, on a random basis, perform reviews, audits, inspections and investigations on all client contracts, throughout the duration of said contracts. This random audit is separate and distinct from any other audit performed by or on behalf of Client. B. The Office of the Inspector General is authorized to investigate Client affairs and empowered to review past, present and proposed Client 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 Client projects and programs. Monitoring of an existing Client 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 Method Learning, its officers,agents and employees, lobbyists, Client 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, Client is allocating a percentage of its overall annual contract expenditures to fund the activities and operations of the Office of Inspector General. 9 DocuSign Envelope ID:9412F6A7-4058-4CDB-B6E3-FEA9283D3510 uocu ign tnveiope iu:uCloth`J4-J4t0-4t3t i-Altlt-tCDu0J1L. /I C. Upon ten(10)days written notice to Method Learning, Method Learning 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 Method Learning,its officers,agents and employees, lobbyists,Client 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 Method Learning'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. Method Learning 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: 1. If this Agreement is completely or partially terminated, Method Learning shall make available records relating to the work terminated until three (3) years after any resulting final termination settlement; and 2. Method Learning 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 Method Learning, its officers, agents, employees, subcontractors and suppliers. Method Learning shall incorporate the provisions in this section in all subcontracts and all other agreements executed by Method Learning in connection with the performance of this Agreement. G. Nothing in this section shall impair any independent right to Client to conduct audits or investigative activities. The provisions of this section are neither intended nor shall they be construed to impose any liability on Client by Method Learning or third parties. 25. E-VERIFY A. Method Learning 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, Method Learning 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, Method Learning shall 10 DocuSign Envelope ID:9412F6A7-4058-4CDB-B6E3-FEA9283D3510 uocuc1gn envelope lu.L.L I OCD`J4-J4CO-40r J-H I DC-CDOL/OJ I Lilo/I 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 Method Learning enters into a contract with an approved subcontractor, the subcontractor must provide Method Learning with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. Method Learning 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 Client has a good faith belief that Method Learning has knowingly violated Section 448.09(1), Florida Statutes, Client shall terminate this Agreement with Method Learning for cause, and City shall thereafter have or owe no further obligation or liability to Method Learning. 2. If Client has a good faith belief that a subcontractor has knowingly violated Section A but the Method Learning otherwise complied with such section, Client will promptly notify Method Learning and order the Method Learning to immediately terminate the agreement with the subcontractor. Method Learning failure to terminate a subcontractor shall be an event of default under this Agreement, entitling Client to terminate the Agreement 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. Client or Method Learning 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 Client terminates the Agreement with Method Learning under the foregoing Subsection (B)(1) Method Learning may not be awarded a public contract for at least 1 year after the date of termination of this Agreement. 6. Method Learning is liable for any additional costs incurred by Client as a result of the termination of this Agreement under this section. 26. MISCELLANEOUS. Except as otherwise specifically stated herein, remedies shall be cumulative and there shall be no obligation to exercise a particular remedy. If any provision of the Agreement are held to be unenforceable, the other provisions shall nevertheless remain in full force and effect. The failure by either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach of the Agreement will not be deemed a waiver by that party as to the subsequent enforcement of rights or subsequent actions in the event of future breaches. The Agreement sets forth the entire agreement between the parties with respect to the subject matter hereof and all other agreements, representations, communications and understandings, both oral and written, are superseded hereby. 11 DocuSign Envelope ID:9412F6A7-4058-4CDB-B6E3-FEA9283D3510 METHOD LEARNING, INC.: DoeuSigned by: Signature6itt, AVAASUk, 9 038CFCOBA2400... Printed Kyle Henriksen Name: Title: Di rector of Business Development ATTT�„O,o,,cuSigned by: By: f lain' tt.4,t, —75OA1912088C43F... Signature Printed Name: Bryan Ziegler Title: SVP-Co-owner 5/12/2023 1 8:26 PM PDT Date: (Corporate Seal) CITY OF MIAMI BEACH, FLORIDA: DS DS 7---gdex____, vb',lLia ,9. Alina T. Hudak, City Mantager ATTEST: DocuSigned by: By. Ka..ralti t. aalaaao Rafae BtFfliat16, City Clerk 5/17/2023 1 9:57 PM EDT • Date: APPROVED AS TO FORM& LANGUAGE & FOR EXECUTION --i)City Attorney ,V Date 12 DocuSign Envelope ID:9412F6A74058-4CDB-B6E3-FEA9283D3510 t ouu olyri envelope ILA.laid I UCOr-.a.C7-+or J-es I OC-COJIJOJ 1.1 JI 1 From: Roserfrul r0r To: erns Ara,rarrw fAvra Cc: Romero n .641 5r2MR: RV'.Good ncmnt' Data: Tyesda,,may Si 2023 9:10.35 AM Anachrn.nta IDI J Tease see below Perhaps add to the request for Method Learning' ,eslie Dr.Leslie Rosenfeld,Chief Education Officer EDUCATION AND PERFORMANCE INITIATIVES 1/00 Convention Center Drove,Miami Beach,FL 33139 Tel 305.323.2717 www miamlheartrtl aov j i8 maganne I MRTr I E.subscribe to News R Mitre Twitter MamiBeachrlewc I Fa'ebook Gtv of Miami Beach I youTube•CitvnfMiamihearl Front:DREESON,CHRISTOPHER<CDREESON@dadeschools.netv Sent:Wednesday,April 26,2023 11:17 AM To:Rosenfeld,Leslie sLesheRosenfeld@miamibeachR.gov> Subject:Re:Good morning! THIS MESSAGE COMES FROM AN EXTERNAL EMAIL•USE CAUTION WHEN RE PLYING AND OPENING LINKS OR ATTACHMENTS Ms Rosenfeld, The Method Learning program has been an invaluable and instrumental tool for our students here at Beach High For the first time in several years,we reinstituted differing student levels in our Critical Thinking classes The results have been excellent With Strategies for Success(our dual enrollment program for advanced students looking to raise their ACT and SAT scores),students who used the Method Learning platform raised thetr ACT scores from a diagnostic score of 20 2 Oust below the national average of 21)to an average of 27 6 Considering that a perfect score on the ACT is a 36,this margin of Improvement is rather extraordinary Granted,1 do supplement the course with additional test taking strategies gleaned over thirty years of private tutoring,but most of these students would readily admit that Method Learning was the program that put them over the top The Critical Thinking classes,composed primarily of at-risk students who had yet to pass the state required literary and math tests(the ESA and Algebra I F.00 respectively),also have had strong results Thus far,83%of the students enrolled in Critical Thinking have earned concordant scores on either the ACT or SAT which enable them to not only pass the aforementioned tests,but also graduate with an actual diploma rather than a certificate of attendance It would be logical to ask about the rematmng 17%of those students still struggling to pass But keep in mind that we still have the entire month of May,and if traditional results hold true, a strong majority of these students will pass Keep in mind that students need to earn either a!7 5 combined score of the English and Reading components on the ACT to earn concordant scores or a 480 on the SAT Verbal section to pass the ESA In a parallel fashion,students need a 16 on the ACT math section or a 420 on the SA f math section to pass the Algebra 1 1...00 Suffice to say that,without Method Learning,many of these at-risk tumors and seniors would NOT be earning high school diplomas Also it is important to note that many of those students enrolled in Strategies for Success have increased their test scores sufficiently to gain greater access to more prestigious universities Best always. Christopher Dreeson Faculty.I.anguage%rts Sham Beach Neniot 110 Some men see things as the are and ask,'11'hv"Other men dream of things that never were and ask,'Why not' 111 • a T`:�ij -tr+— aaltts L _ • ON '.. - MIAMI BEACH . tou0Eeo;-� • THE '� Senior High School 1 ^ �. 2231 Prairie Avenue.Miami Beach.FL 33139 j • P:(305)532-4515 F:(305)531-9209 rltreeam'ddadeschixtly net hops nnatluhcarhientwrhigh:5n11 From:Rosenfeld,Leslie<LesjeRosenteldarmamibearhfl aov> Sent:Tuesday,April 25,2023 1 41 PM To:DREESON,CHRISTOPHER sfftRFESONgdadeschools net, Cc:Torossian.Alfred V.gnrnssianlddadesr hoots nef>,PASCAL LAURNA<j0urnaoascatlt8dadesrhools nets Subject:RE:Good morning! DocuSign Envelope ID.9412F6A7-4058-4CDB-B6E3-FEA9283D3510 LAJL.U,31911I—iiVCIiNOIL,. L,tIJL_L,0-.- r5IL,L--L.L,UL,u.,I....i.,r leased WWI)of dadeschools.net.Do not click on links or attachments unless you are expecting the.matt ormcognlal the sender and know the message Is sate. Hello Chris, Please let me know if there is any information you'd like for us to share as we update our elected officials on the use or the program. Thanks, Leslie Dr.Leslie Rosenfeld,Chief Education Officer EDUCATION AND PERFORMANCE INITIATIVES 1/00 Convention Center Drive,Miami Beach,FL 33139 Tel-305.323.2/17 I www miamibeachtl any yiR magai,ne I h1BS1(I E'subsrrbe to News Rt Mote Iwi•ter tdiamibeachNews I farebook rib.of Miami beach I Youiube utvofMiamiBeach From:DREESON,CHRISTOPHER<COREESONCWdadesrhoois.net> Sent:Wednesday.October 19,2022 6.44 AM To:Ethan Lewis<ethanWmethndiearmng rpm. Cc:Torossian,Alfred V.<:orosvaniyddadeschools_net,,Rosenfeld,Leslie<i esliehnsenfeidfmiamibearhfl gay';PASCAL.LAURNA cjaurnaoasralC rIadecrhnnis nel> Subject:Good morning i,THIS MESSAGE COMES FROM AN EXTERNAL EMAIL USE CAUTION WHEN REPLYING AND OPENING LINKS OR ATTACHMENTS I Ethan, Just wanted to take a moment to wish you a fabulous morning and let you know that Method Learning is once again being utilized for the benefit of our students Our Cntical Thinking classes here at Beach High are populated with juniors and seniors who have difficulty passing the state-required literacy and math tests So one goal of the class is to prepare these students with the necessary strategies that will help them earn concordant scores on the ACT or SAT As you know,last year was a resounding success with 93%of our Cntical Thinking classes earning these concordant scores and much of that can be attnbuted to the strategies and practice offered by Method Learning' Our first major test this year will be the in-school ACT offered on November 1st When our results come in,I will be sure to forward them to you' Also.several of our teachers here at Beach High utilize Method Learning to enhance their students'abilities in reading grammar,syntax,math,and science So once again,good morning and best wishes for the week' P S The Unit drop-down menu on the ACT is still out of sequential order. It is a minor issue,but one that should certainly be fixed when possible Best always. Christopher Dreeson Faculty.Language Srt. Sliatni Beach Senior High Some men see things as they are and ask.•Why''Other men dream of things that never were and ask."Why we' f as .— 111441111,141e-,1:—..114.04- .,— - t II _._ • ii..' 4-, - 1- F Jill) �,. -"* OM MIAMI BEACH7. 7 �, ,.t),„eca� `p. f T"` -- Senior High School T� Hili .- R 2231 Prairie Avenue,Miami Beach.FL 33139 scl �y • '�� " P:(305)532 45i5 F:(305)531 9zo9 . udt two is dadrs,;bi'uls nil laps mimuJ utdtsnistrhigh coin DocuSign Envelope ID:9412F6A7-4058-4CDB-B6E3-FEA9283D3510 tlul.u..n u.6.,,vcuupc,V.VL IJ{-L?Ufl r.I-J1VI.rnlL?L-LYJIJVJ,VI JI, From: Rosenfeld.Leslie To: Denis.Alex;Garcia.Monica Cc: Romero.Hevdi Subject: FW:Statistical summary regarding Method Learning Date: Tuesday,May 9,2023 9:42:57 AM Please see below information from MBSH teacher regarding method learning SAT ACT test prep for the 21-22 school year. Leslie Dr.Leslie Rosenfeld,Chief Education Officer EDUCATION AND PERFORMANCE INITIATIVES 1700 Convention Center Drive, Miami Beach, FL 33139 Tel:305.323.2717 I www.miamibeachfl.gov MB magazine I MBTV I E-subscribe to News& More Twitter:.MiamiBeachNews I Facebook:City of Miami Beach I YouTube: CityofMiamiBeach From: DREESON,CHRISTOPHER<CDREESON@dadeschools.net> Sent:Thursday,September 1,2022 8:59 AM To: Rosenfeld, Leslie<LeslieRosenfeld@miamibeachfl.gov> Cc:7201 Administration<7201Administration@dadeschools.net> Subject:Statistical summary regarding Method Learning [THIS MESSAGE COMES FROM AN EXTERNAL EMAIL-USE CAUTION WHEN REPLYING AND OPENING LINKS OR ATTACHMENTS.] Ms. Rosenfeld, I want to thank you and the city of Miami Beach for continuing to provide the Method Learning online platform for improving ACT and SAT scores to every student in the Miami Beach feeder pattern. As a direct result of this support, here are some important statistics: Last year 210 at-risk juniors and seniors were enrolled in Critical Thinking. The students were placed in this elective because they had not passed either the state-required literacy exam (the FSA/ELA, now known as the FAST/ELA) and/or the Algebra 1 EOC. A passing score on both of these tests is required for students to earn a diploma. Of the 201 students listed above, 172 of them earned a concordant score on either the ACT or the SAT. This simply means that these students were able to use their improved ACT or SAT score as a substitute score for either the FSA/ELA, the Algebra 1 EOC, or, in many cases, both. In the last few years, because the city of Miami Beach has been so supportive DocuSign Envelope ID:9412F6A7-0058-4CDB-B6E3-FEA9283D3510 providing either Method Learning (one of the best online programs in the United States for ACT and SAT Preparation) and formerly the Prepworks online program (which took its ACT and SAT prep programs off the site, hence the move to Method Learning), Miami Beach Senior High's graduation rate has improved from 74% (back in 2012)to 91% (last year's count). As a result of the improved graduation rate, Miami Beach Senior High narrowly missed becoming an "A" school once again, but there were other parameters that prevented the attaining of this grade beyond the scope of our Critical Thinking class. The equation is simple. Method Learning provides an excellent opportunity for our at- risk learners to earn their high school diplomas by passing the state-required literacy and math tests. As of this year, we have created a new elective called Strategies for Success, a dual enrollment elective where advanced students can earn both high school and college credit, and now these advanced students have the opportunity to be guided in similar but more accelerated ways to improve their ACT and SAT scores and earn entrance into more elite colleges and universities. Once again, thank you and the city of Miami Beach for its investment in our students. Quite obviously, the investment is paying off. Best always, Christopher Dreeson Faculty,Language Arts Miami Beach Senior High "Let us be known for our deeds." 2231 Prairie Avenue Miami Beach, FL 33140 office: 305-532-4515 cdreeson@dadeschools.net https://miamibeachseniorhigh.com/ Some men see things as they are and ask, "Why"? Other men dream of things that never DocuSign Envelope ID:9412F6A7-4058-4CDB-B6E3-FEA9283D3510 VVI.YVM1�1I CIIVGIVFJG IV.VG IJCOJY-JYL:J-YOf J-I,I OC-COOVOJ IV!V I I were and ask, "Why not?" Robert Kennedy,former US Attorney General DocuSign Envelope ID:9412F6A7-4058-4CDB-B6E3-FEA9283D3510 DocuSign Envelope ID:C215EB94-34E5-48F3-AI BE-EB5D831C7571 • 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 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, 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 DocuSign Envelope ID:9412F6A7-4058-4CDB-B6E3-FEA9283D3510 DocuSign Envelope ID:C215EB94-34E5-48F3-A1 BE-EB5D831 C7571 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 DocuSign Envelope ID:9412F6A7-4058-4CDB-B6E3-FEA9283D3510 DocuSign Envelope ID:C215EB94-34E5-48F3-A1BE-EB5D831C7571 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: wvaNkr` .4) 41106- ./0\ 134-4•=kii w Dgt ,e�ly'�r, Mayor ..r TO.(' �~�.: �` .gin '. f APPR ,, N S AGE * FO r Ra ael E. Granado, City Clerk I �(,C)RP ORATEU: & . EXE TION 1 ``mot' �• 1 .'�� � ( b�)t ` f"j-2 OCIty Attorn: jp ate DocuSign Envelope ID:9412F6A7-4058-4CDB-B6E3-FEA9283D3510 DocuSign Envelope ID:C215EB94-34E5-48F3-A1 BE-EB5D831 C7571 Resolutions- C7 L MIAMI 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; (III) MATH TUTORS FOR 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 DocuSign Envelope ID:9412F6A7-4058-4CDB-B6E3-FEA9283D3510 DocuSign Envelope ID:C215EB94-34E5-48F3-A1BE-EB5D831C7571 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 Appx.#of Youth Extracurricular after-school activities,such as: drama/theater,competitions,chorus,robotics, coding etc., $ 60,000 600 Reading tutors during and/or after-school (elm entary end K-8 center) $ 50,000 1,250 Math tutors during and/or after-school(high school and middle school) $ 20,000 500 Mental Health Professional(LCSW)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 DocuSign Envelope ID:9412F6A7_4058_4CDB-B6E3-FEA9283D3510 DocuSign Envelope ID:C215EB94-34E5-48F3-A1BE-EB5D831C7571 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. MIR Annual Partner Annual Youth Estimated i3udgeted Estimated Particpation Funding Contribution " Annually Voluntary Pre-Kindergarten S 141,000.00 $ - 40 International gac-CiTaureate... 5 50,DDD.00 $ 1,060,000.470 Miami C3ade PubUc Schtxsl Agendas 5 18,000.00 $ 11,137.40" 5,300 Ntirse Initiative w/�lEighboe'@ng Mgt iclpsJitiec. S 16,050.00 $ 17.601.00 2,830 iV*.irse initiative- r3 havcr:bl Neeith ti 54, bO.O .� .35, OG.GO " 8,300 M ami-D de Cotkega`Dual enrollment • Program 5 28.,000.00 S 15,152.00 Iso AU€Joel Enrr,limesif _ . 5 -- 62;6 t�o_00 S.. • 33.5aa.00 .. Con-arson S 1§;DbE.00'.S 12,928.34 354 Substitute Teacher Incentive Program $ 3,000.00 $ - Ar -Ue€amation League-NCF€dace for Hate 4,000.00 .$ 4,125.00 7,100 farad S 345,000.00 8 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 Bat 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). 621 DocuSign Envelope ID:9412F6A7-4058-4CDB-B6E3-FEA9283D3510 DocuSign'Envelope ID:C215EB94-34E5-48F3-A1BE-EB5D831C7571 Education Enhancements unfunded Option#I Option 432 (as appllable) Protected Cost Projected Cost Rate ray teacher/professor Parent Academy-training by City on using Parent Portal Independent Evaluation of school programs $ 1o0,00o Extracurricular after-school activities, such as: dram aftheater,competitions,chorus,robotics, coding etc., $ s6_500 S 51,600 Tutoring and ACT/SAT/PERT prep rnateriars $ 12,500 .$ 75,250 Reading and Math tutors during and after- school $ 50,000 $ 50_000 Elementary Te aching Assistant grades EC-1 5 218,454 S $99,760 Educati onai guidance and college application assistance S en,o0O S 30,800 Reduce counseling teacher-student ratios $ 205,6e5 $ E9,964 Resources for ESE students/programs 5 219,454 S 599,760 Weekend 7-trident tutorial program \vfparticipation incentives and snacks S 52,600 Tral nrng opportunities for school security at public school_in Miami Beach Truancy prevention programs Provide additlonai security guards $ 171,860 S - Provide Internet safety classes 5 - 5 6,000 re ch n of ogy training at school sites far parents/guardians Provide information technology{IT#support to public schools $ 105,355 $ 200,730 Total $ 1_306_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 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 notification of potential termination of such agreement for the 2018-19 school year to M-DCPS. • Additional Education Enhancements Reaommendeci for:furldtn ... 2018-19S Schoal year Projected Cost Appx:#of Youth Extracurricular after-school activities,such as; drama/theater,competitions,chorus,robotics, coding etc., $ 60,000 600 Reading tutors during and/or after-school (elrenta!y and K-Scenter) $ 50,000 1,250 Math ti:tors daring and/or after-school(high school and rniddlesctiool) $ 20,000 500 Mental Health Professional(LCSW)one additional elementary and middle school $$ 50,000 4,000 Total $ 100,000 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 622 DocuSign Envelope ID:9412F6A7-4058-4CDB-B6E3-FEA9283D3510 DocuSign Envelope ID:C215EB94-34E5-48F3-AI BE-EB5D831C7571 • $190,000. Additionally, administration will notifly 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 OUTCOMES SUPPORTED Achieve Educational(K-12) Excellence Legislative Tracking Organizational Development Performance Initiatives Sponsor Commissioner Aleman ATTACHMENTS: Description o Attachment A- PTSA Executive Board Priorities o Attachment B - Option Details o Attachment C- VPK Termination Letter • • 623 DocuSign Envelope ID:9412F6A7-4058-4CDB-B6E3-FEA9283D3510 DocuSign Envelope ID:C215EB94-34E5-48F3-AI BE-EB5D831C7571 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 FIT) 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 P/T) 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-Kindergarlen $14'1,000 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 F/T) MB Police in lieu of SLO (+1 FIT) Provide additional security guards (+3 PIT) 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 DocuSign Envelope ID:9412F6A7-4058-4CDB-B6E3-FEA9283D3510 DocuSign Envelope ID:C215EB94-34E5-48F3-AI BE-EB5D831C7571 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 PIT) 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 PIT 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 PIT) Resources for ESE students (+10 PIT) Weekend student tutorial MB Police in lieu of SLO (+2 F/T) 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 PIT) MB Police in lieu of SLO (+1 FIT) Provide additional security guards (+2 PIT) IT support personnel (+1 PIT) 625 DocuSign Envelope ID:9412F6A7-4058-4CDB-B6E3-FEA9283D3510 I , DocuSign Envelope ID:C215EB94-34E5-48F3-A1BE-EB5D831C7571 STEAM program support (1 P/T 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 iI • 626 DocuSign Envelope ID:9412F6A7-4058-4CDB-B6E3-FEA9283D3510 DocuSign Envelope ID:C215EB94-34E5-48F3-AI BE-EB5D831C7571 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 Blass 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. o 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 DocuSign Envelope ID:9412F6A7-4058-4CDB-B6E3-FEA9283D3510 DocuSign Envelope ID:C215EB94-34E5-48F3-A1BE-EB5D831C7571 • • 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% 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 DocuSign Envelope ID:9412F6A7-4058-4CDB-B6E3-FEA9283D3510 DocuSign Envelope ID:C215EB94-34E5-48F3-A1 BE-EB5D831 C7571 Attachment C . __..enaux, .�. • • I 1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachll.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:9412F6A7-4058-4CDB-B6E3-FEA9283D35104 B H N\I AM 1 EI C Contract/Document Routing Form Contract No. Title. Method Learning Agreement 2023-24 Contractor Re•uestin: De.artment Method Learning,Inc. Education and Peformance Initiatives De.artrnent Director arnt 3. - ,,-4aTte ACM Name.& DR.LESLIE ROSENFELD JASON GREENE jaw- aaVt t.lAA, 1941324CA930744F... —2118893138C446F... DocumentT •e Select One Type 1—Contract,amendment,change order or task order resulting from a procurement-issued competitive solicitation. X Type 2—Other contract,amendment,change order or task order not resulting from a procurement-issued competitive solicitation. 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:Agreement for ACT/SAT test prep Brief.Summa" '&•Pui ose attach memo if additional s•acelsnecessa This agreement allows Method Learning to provide college prep program for up to 600 Miami Beach youth during summer 2023 and up to 600 MESH students during 2023-24 school year.Method Learning provides ACT/SAT Test Preparation. Contractor was selected by teachers at Miami Beach Senior High School who utilize Method learning and found it highly effective.They were selected after Prepworks,the prior product,was no longer available in Miami-Dade County.Reso 2018- 30259 authorized a college preparation program in an amount not to exceed$12,500 the 2018-2019 school year and subsequent school years,and authorizes the City Manger and City Clerk to execute any and all required agreements and documents to implement the educational enhancements.There was no competition for this Agreement.The Education and Performance Initiatives Department is requesting that the City Manager waive the quote requirement and approve/execute the attached Agreement with Method Learning,Inc.The contractor was selected by Miami Beach Senior High School teachers who currently utilize Method Learning and found it highly effective(see attached emails).Procurement's only involvement was to review the vendor selected,which did not result in any debarment from the state,county,or federal government.The program is approved for use in MDCPS schools. Ori:inal;Term - Renewal Periods Total Term Orr:inal:+-Renewals 1 YEAR FROM DATE SIGNED 0 1 YEAR F ndin:Information Grant Funded: Yes X No State Federal Other: Cost&Fundin:Source os Year Annual Cost Account V 1(� Re•,uire Enhancement 1 $12,000 011-0332-000343-16-400-582-00-00-00 Yes X No 2 Yes No 3 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. Authority to Sign City Commission Approved: X Yes No Resolution No.: CC Agenda Item No.: CC Meeting Date: 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: "--DS Ensammit, �DocuStgne&^ m°Hance A.e royals"see attached Procurement:Alex Denis A)¢x 4fs 'Grants: N/A ‘--9207E7A769EE4CD... DocuSign Envelope ID:9412F6A7-4058-4CDB-B6E3-FEA9283D3510 DocuSigned by: Budget:Tameka Otto Ste a ml'a �L Information Technology: N/A Risk Management:Marc •2oB4A61 E1141633.....; LUiv Fleet&Facilities: N/A Chevalier �`+^ W Human Resources: :cW629874o4oe... Other: N/A