Loading...
Grant Program Agreement with The School Board of Miami-Dade County. Florida DocuSign Envelope ID:6FCC651D-8595-4454-A0F9-BA2EFD550C73 Reso 2022-32193 GRANT PROGRAM AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND THE SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA •THIS GRANT AGREEMENT ("Agreement") is entered into as of12/12/2022 124022 PM EST between the CITY OF MIAMI BEACH, a Florida municipal corporation, located at 1700 Meridian Avenue, Miami Beach, Florida ("City"), and THE SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA, a political subdivision existing under the laws of the State of Florida, located at 1450 NE 2nd Avenue, Miami, Florida 33132, its successors and assigns ("Board"), (collectively the "Parties"). WITNESSETH: WHEREAS,the City desires to fund and implement the Miami Beach Adult and Community Education Scholarship Program for City residents, enrolling at the Miami Beach Adult and Community Education Center for Winter 2022, Spring 2023, and Fall 2023(the"Grant"); and WHEREAS, the School Board of Miami-Dade County, Florida("Board")desires to provide the Scope of Services("Services" or"Program") listed below; and WHEREAS, the City desires to engage the Board to render Services to those in need. NOW, THEREFORE, the Parties agree as follows: ARTICLE I SCOPE OF SERVICES The Board shall provide educational services to City residents enrolled at the Miami Beach Adult and Community Education Center pursuant to the "Miami Beach Adult and Community Education Center Scholarship Program", including but not limited to the following: Provide eligible students with scholarships in the amount of Thirty Dollars ($30) each to cover the cost of English for Speakers of Other Languages (ESOL)or Graduate Equivalency Degree for Winter 2022, Spring 2023, and Fall 2023. ARTICLE II CONDITION OF SERVICES The Board agrees to the following: a) The Services shall benefit City of Miami Beach residents. b) Eligible students shall be: 1. City of Miami Beach residents; and 2. Enrolled at the Miami Beach Adult and Community Education Center; and 3. Register for courses at Miami Beach Adult and Community Education Center DocuSign Envelope ID:6FCC651 D-8595-4454-A0F9-BA2EFD550C73 at Miami Beach Fienberg Fisher Site, Miami Beach Adult and Community Education Center at Biscayne Beach Elementary Site; Police Athletic League Site, or North Shore Activity Center Site; and 4. Be enrolled in ESOL, or GED classes; and c) Eligible programs provided shall be: 1. English for Speakers of Other Languages (ESOL): The purpose of the Adult ESOL program is to"assist immigrants and other individuals who are English language learners in: improving their reading,writing, speaking, listening,and comprehension skills in English, mathematics and an understanding of the American system of government, individual freedom, and the responsibilities of citizenship." In addition, the Adult ESOL program is "designed to lead to attainment of a secondary school diploma or its recognized equivalent and transition to postsecondary education and training; or employment." Adult Education and Family Literacy Act (AEFLA), Title II, Section 202, Workforce Investment and Opportunity Act(WIOA), 2014; and 2. General Equivalency Degree (GED): The GED® Preparation Program consists of four content-area assessments: Reasoning through Language Arts (RLA), Mathematical Reasoning, Science, and Social Studies. The purpose of the program is to prepare students to obtain the knowledge and skills necessary to pass the official GED®subtests and be awarded a State of Florida High School Diploma. Additional performance levels will certify that the adult student is career and college ready.This program strives to motivate students not only to obtain a State of Florida High School Diploma via passage of the four GED®subject area tests, but to continue their education to earn a postsecondary degree, certificate, or industry certification. The Reasoning through Language Arts (RLA) course of the GED® Preparation Program prepares students to pass the GED® RLA Test. This test will focus on the fundamentals in three major content areas: Reading, Language Arts and Writing. Students will achieve the ability to read closely, the ability to write clearly, and the ability to edit and understand the use of standard written English in context. d) The Board shall forward a list of students participating in the Program to the City Manager's Designee to ensure that all students are valid Miami Beach residents. Unless otherwise stated, the City Manager's Designee under this Agreement is Dr. Leslie Rosenfeld, Chief Learning and Development Officer for the City of Miami Beach. e) Upon confirming the Miami Beach residency of all Program applicants, the City shall issue the Board with a notice to proceed. f) The City will review and process all $30 registration reimbursement requests received not to exceed the total amount of the Grants funds referenced in Article III. ARTICLE III TERM OF AGREEMENT This Agreement shall be deemed effective upon execution by both parties, and shall 2 DocuSign Envelope ID:6FCC651D-8595-4454-A0F9-BA2EFD550C73 terminate on September 30,2023. ARTICLE IV DEFAULT a) For purposes of this Agreement(and the documents referenced or incorporated herein), a default shall include without limitation the following acts or events of the Board, its agents and employees, as applicable and as further detailed below: I. Failure to commence services within thirty (30) days from the date of this Agreement, 2. Failure to provide the documentation required to make the final payment of the Grant within thirty(30) days from this Agreement's expiration date. 3. Failure to comply with applicable federal, state and local regulations and laws. 4. Breach of any of the terms and conditions of this Agreement. 5. Insolvency or bankruptcy. 6. Failure to maintain the insurance required by the City as described in Article XIX of this Agreement. 7. Failure to correct defects within a reasonable time as determined by the City. b) In the event of a breach, the City may exercise any and all rights including those rights expressed in Article V. c) Additionally, both parties shall be entitled to bring any and all legal and/or equitable actions in the courts of Miami-Dade County, Florida, in order to enforce the City's right and remedies against the breaching party. The City shall be entitled to recover all costs of such actions including a reasonable attorney's fee, at trial and appellate levels,to the extent allowed by law. ARTICLE V TERMINATION The City and the Board agree that this Agreement may be terminated by either party upon written notice at least thirty(30)days prior to the effective date of such termination, with or without cause. The City may also suspend or terminate payment to the Board in whole or in part for cause. Cause shall include: a) failure to comply and/or perform in accordance with this Agreement; or b) the Board's submission to the City of reports that are materially incorrect or incomplete. The City shall notify the Board in writing when payments are being suspended for cause. The notification shall include actions to be taken by the Board as a condition precedent to the resumption of payments and a reasonable date for compliance, which shall be no more 3 DocuSign Envelope ID:6FCC651D-8595-4454-A0F9-BA2EFD550C73 than thirty(30) days from the notification date. Upon termination of the Agreement, the Board and the City shall meet to determine if any amounts are to be repaid to the City. The City and the Board understand that any payment made to the Board in accordance with this section shall be made only if the Board is not in breach of this Agreement. If the Board is in breach of this Agreement, the City shall not be obligated to make payments of Grant Funds to the Board. ARTICLE VI AMENDMENTS Any alterations, variations, modifications,waivers, or provisions of this Agreement shall only be valid when they have been reduced to writing, duly approved and signed by both parties, and attached to the original of this Agreement. This Agreement contains all the terms and conditions agreed upon by the Parties. No other agreement, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or bind any of the Parties. ARTICLE VII METHOD OF PAYMENT Upon execution of this Agreement, the City shall make payments to the Board for expenditures incurred under this Agreement based on Miami Beach resident registration for approved ESOL and GED classes in accordance with the terms of this Agreement. The maximum amount payable under this Agreement is Seventeen Thousand Seven Hundred Dollars and 00/100 Cents ($17,700.00) ("Grant Funds") and shall represent the only source of funding received from the City for the Program. ARTICLE VIII CONFLICT QF INTEREST The conflict of interest provisions of this section apply to any person who is an employee, agent, consultant, officer, elected official or appointed official of the Board. The Board covenants that persons described in this section who exercise any functions or responsibilities under this part or who are in a position to participate in a decision making process or gain information with regard to such activities may not obtain a financial interest in any contract, subcontract or benefit from the educational scholarships being provided under this Agreement, nor may have a financial interest in any contract, subcontract or agreement with respect to the educational scholarships covered under this Agreement, either for themselves or those with whom they have family or business ties. Any such interest on the part of the Board or its employees shall be disclosed in writing to the City.The Board agrees to abide and be governed by the conflict of interest requirements applicable to or promulgated by Miami-Dade County or the City, which are incorporated by reference. 4 DocuSign Envelope ID:6FCC651 D-8595-4454-A0F9-BA2EFD550C73 ARTICLE IX INDEMNIFICATION Subject to the limitations of Fla. Stat. §768.28, the Board shall indemnify and hold harmless the City, its officers, employees and agents, against any claims, suits, actions, damages, proceedings, liabilities arising out of the negligent acts of the Board arising out of this Agreement. The Board shall pay all claims and losses of any nature on behalf of the City, its officers, employees or agents when applicable and shall pay all costs and judgments which may issue. Nothing contained in this paragraph is in any way intended to be a waiver of the limitation placed upon the Board's liability as set forth in Chapter 768, Florida Statutes. The Board does not waive sovereign immunity. Subject to the limitations of Fla. Stat. §768.28, the City shall indemnify and hold harmless the Board, its officers, employees and agents, against any claims, suits, actions, damages, proceedings, liabilities arising out of the negligent acts of the City arising out of or in connection with this Agreement. The City shall pay all claims and losses of any nature, on behalf of the Board, its officers, employees or agents when applicable and shall pay all costs and judgments which may issue. Nothing contained in this paragraph is in any way intended to be a waiver of the limitation placed upon the City's liability as set forth in Chapter 768, Florida Statutes. The City does not waive sovereign immunity. ARTICLE X MONTHLY REPORTS The Board shall provide monthly reports (an original and two copies)as required by the City, which shall be due thirty(30) days after the reporting period. The Board shall obtain student consent prior to providing student data to the City. These shall include: a) student attendance records; b) the reports for the final month and shall be due no more than thirty(30)days following this Agreement's expiration; and c) other reporting requirements may be required by the City in the event of program changes and/or legislative amendments. The Board shall be informed, in writing, if any changes become necessary. ARTICLE XI AUDIT AND INSPECTIONS At any time during normal business hours and as often as the City may deem necessary, the City and/or the City's representatives shall have the right to audit and examine all records relating to matters covered by this Agreement. It is further understood that all records and supporting documents pertaining to this Agreement shall be kept for a minimum period of three(3)years from the date of expiration of this Agreement and shall be to the extent required by law, public records available for inspection and copying. If any litigation, claim, negotiation, audit or other action involving the records has been started before the expiration of the three(3)year period, the records must be retained until the completion of the action and resolution of all issues which arise. If during the course of an audit, the City determines that any payments made to the Board do not constitute an allowable expenditure, the City will have 5 DocuSign Envelope ID:6FCC651D-8595-4454-A0F9-BA2EFD550C73 the right to deduct or reduce those amounts from their related invoices. The Board must maintain records necessary to document compliance with the provisions of the Agreement. ARTICLE XII ADDITIONAL CONDITIONS AND COMPENSATION It is expressly understood and agreed by the Parties that the Grant Funds contemplated by this Agreement is contingent upon approval of funding by the City. ARTICLE XIII NOTICES Any notice required or permitted to be given under this Agreement by one party to the other party shall be in writing and shall be given and deemed to have been given immediately if delivered in person to the recipient's address set forth in this section or on the date shown on the certificate of receipt if placed in the United States mail, postage prepaid, by registered or certified mail with return receipt requested, addressed to the receiving party at the address hereinafter specified ("Notice"). City Address. The address for City for all purposes under this Agreement and for all Notices hereunder shall be: Dr. Leslie Rosenfeld Chief Learning Officer City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 School Board's Address. The address for the Board for all purposes under this Agreement and for all Notices hereunder shall be: The School Board of Miami-Dade County, Florida Attn: Jose Dotres, Superintendent 1450 N.E. Second Avenue, Suite 912 Miami, Florida 33132 With a copy to: The School Board of Miami-Dade County, Florida Department: Department Director: Attention: Address: And a copy to: The School Board of Miami-Dade County, Florida Attn: Walter J. Harvey, School Board Attorney 1450 N.E. Second Avenue, Suite 430 Miami, Florida 33132 6 DocuSign Envelope ID:6FCC651 D-8595-4454-A0F9-BA2EFD550C73 ARTICLE XIV SUBCONTRACTS The Board agrees that no assignment or subcontract will be made in connection with this Agreement. ARTICLE XV ACCESS TO RECORDS The Board shall allow access during normal business hours to all financial records, that are elated to the performance of this Agreement,to authorized City representatives and agrees to provide such assistance as may be necessary to facilitate financial audit by any of these representatives when deemed necessary by the City. The Board shall allow access during normal business hours to all other records, forms, files, and documents which have been generated in performance of this Agreement, to those personnel as may be designated by the City. ARTICLE XVI PERFORMANCE REVIEW The City may conduct a formal quarterly review of the Board's compliance with the terms of this Agreement. A report of the City's findings will be made available to the Board within thirty(30) days of the completion of the review ARTICLE XVII SEVERABILITY OF PROVISIONS If any provision of this Agreement is held invalid,the remainder of this Agreement shall not be affected if such remainder would then continue to conform to the terms and requirements of applicable law. ARTICLE XVIII GRANT FUNDS The Board agrees that Grant Funds shall only be used for eligible activities under the Program. For those activities undertaken with Grant funds, all of the provisions of this Agreement shall apply. Upon expiration of this Agreement, the Board shall return to the City all remaining Grant Funds and any accounts receivable attributable to the use of these funds consistent with this Agreement. The Board shall submit monthly reports to City on the Grant funds received and provide the City with proper documentation of the disbursement of these funds. 7 DocuSign Envelope ID:6FCC651D-8595-4454-A0F9-BA2EFD550C73 ARTICLE XIX INSURANCE The Board may provide evidence of an ongoing self-insurance program for public liability, automobile liability, and workers'compensation covering the Board officers, members, and employees. ARTICLE XX CIVIL RIGHTS The Board agrees to abide and be governed by Title VI and VII, Civil Rights Act of 1964 (42 USC 2000 D&E)and Title VIII of the Civil Rights Act of 1968,as amended,which provides in part that there will not be discrimination of race, color, sexual orientation, religion, handicap or national origin in performance of this Agreement, in regard to persons served. It is expressly understood that upon receipt of evidence of such discrimination, the City shall have the right to terminate this Agreement. The Board also agrees to abide and be governed by the Age Discrimination Act of 1975, as amended, 42 USC, which provides in part that there shall be no discrimination against persons in any area because of age. The Board also agrees that it will comply with City of Miami Beach Human Rights Ordinance as codified in Chapter 62 of the City Code, as may be amended from time to time, prohibiting discrimination in employment, housing, public accommodations, and public services on account of actual or perceived race, color, national origin, religion, sex, intersexuality, gender identity, sexual orientation, marital and familial status, age, disability, ancestry, height, weight, domestic partner status, labor organization membership, familial situation, or political affiliation. ARTICLE XXI PROJECT PUBLICITY The Board agrees that any news release or other type of publicity pertaining to the Program must recognize the City as the funding entity for the Program. ARTICLE XXII LIMITATION OF LIABILITY The City desires to enter into this Agreement only if in so doing the City can place a limit on the City's liability for any cause of action arising out of this Agreement, so that its liability never exceed the agreed sum of compensation/fee to be paid to the Board pursuant to this Agreement, less any amounts actually paid by the City as of the date of the alleged breach. The Board expresses its willingness to enter into this Agreement with Board recovery from the City for any action or claim arising from this Agreement to be limited to the agreed sum of compensation/fee to be.paid to the Board pursuant to this Agreement, less any amounts actually paid by the City as of the date of the alleged breach. 8 DocuSign Envelope ID:6FCC651D-8595-4454-A0F9-BA2EFD550C73 Accordingly, and notwithstanding any other term or condition of this Agreement,the Board hereby agrees that the City shall not be liable to the Board for damages in an amount in excess of the agreed sum of compensation/fee to be paid to the Board 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 of the Board or any third party arising out of this Agreement. Nothing contained in this paragraph or elsewhere in this Agreement is in any way intended to be a waiver of the limitation placed upon the City's liability as set forth in Section 768.28, Florida States. Additionally, the City does not waive sovereign immunity, and no claim or award against the City shall include attorney's fees, investigative costs or pre-judgment interest. ARTICLE XXIII VENUE, APPLICABLE LAW This Agreement shall be governed by the laws of Florida, and any action shall be brought in Miami-Dade County, Florida. Each Party shall be responsible for their own attorney fees and costs. ARTICLE XXIV PUBLIC RECORDS LAW City understands the broad nature of these laws and agrees to comply with Florida's Public Records Laws and laws relating to records retention. According to Florida Public Records laws documents submitted by City which constitute trade secrets as defined in Florida Statute 812.081 or proprietary confidential business information as set forth in Florida Statute 366.093, and which are stamped as confidential at the time of submission to Board, are not subject to public access. The City shall keep and maintain public records required by the School Board to perform the service. The City shall keep records to show its compliance with program requirements. Contractors and subcontractors must make available, upon request of the Board, a Federal grantor agency, the Comptroller General of the United States, or any of their duly authorized representatives, any books, documents, papers, and records of the City which are directly pertinent to this specific Agreement for the purpose of making audit, examination, excerpts, and transcriptions. Upon request from the Board's custodian of public records, provide the Board with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. City shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the City does not transfer the records to the public agency. The City shall retain all records for five (5) years after final payment is made or received and all pending matters are completed pursuant to Title 34, Sections 80.36(b)(1). Upon completion of the contract, transfer, at no cost, to the Board all public records in possession of the City or keep and maintain public records required by the Board to perform the service. If the City transfers all public records to the Board upon completion of the contract, the City shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the City keeps and maintains public records upon completion of the contract,the City shall meet all applicable requirements for retaining public records.All records stored electronically must be provided to the School Board, upon request from the Board's custodian of public records, in a format that is compatible with the information technology 9 DocuSign Envelope ID:6FCC651D-8595-4454-A0F9-BA2EFD550C73 systems of the Board. IF THE CITY HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE PROVIDER'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 305-995-1128, prr@dadeschools.net, and 1450 NE 2 Avenue, Miami, Florida 33132. ARTICLE XXV EDUCATIONAL RECORDS The City understands and agrees that it is subject to all federal and state laws and School Board Policies relating to the confidentiality of student information. The City further agrees to comply with the Family Educational Rights and Privacy Act("FERPA"), 20 U.S.C. §1232g, as may be amended. The City shall regard all student information as confidential and will not disclose the student information to any third party. ARTICLE XXVI 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 Board, 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. I0 DocuSign Envelope ID:6FCC651D-8595-4454-AOF9-6A2EFD550C73 (C) Upon ten(10)days written notice to the Board,the Board 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 Board, 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 Board'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 Board 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: i. If this Agreement is completely or partially terminated, the Board shall make available records relating to the work terminated until three(3)years after any resulting final termination settlement; and ii. The Board 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 Board, its officers, agents, employees, subcontractors and suppliers. The Board shall incorporate the provisions in this section in all subcontracts and all other agreements executed by the Board 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 Board or third parties. 11 DocuSign Envelope ID:6FCC651 D-8595-4454-AOF9-BA2EFD550C73 IN WITNESS WHEREOF,the Parties have executed This Agreement by!hair respective proper officers duly authorized the day and year Ilrnt written above. THE SCHOOL BOARD OF MIAMI•DADE COUNTY, % SUBMITTED Y1 , FLORIDA Charge ocal n AdmIn skater Menotur ate 8nZni----( 1 8ehools or Doplgnoa) �.�� !ti/zti )a 1 G.Fazzlno 4]TS1(NEE -- Division Head Signature Dale Nomo Typed) (es applicable) 1 J/LI `Z°2,z. �7y�,� �� �vny Digitally slgnedby Melissa A. Date: it r / 1t4i L✓�ttva_- talus Date:2022.11.16142122-05'00' Office of Granla Adminlalrallon Signature Date (If applicable) NOTE:Signature of Aaoiatant Superintendent for the Office of Intergovernmental Affairs and Grant° Adminlotralion required ONLY for contraote financed from Contracted Programs Funds(Part IV). _ 12 Ilw ..C:��C....w lw-w 1 Doci gn Envelope ID:6FC E 1D-8595-4454-AOF9-BA2EFD550C73 CITY OF MIAMI BEACH APPROVED AS TO RISK AND BENEFITS (au to the School Bnordl ��,• Vigilant ngue:by rnup!L llan r1anL' I"' ..' -ufa 'IIfU:P of lint and BY: / F DS cDS solos rmiiif emenl S pnalure9 t1 Iv.7077.M I r I(..I5.50.OI M Risk Managemonl SIgnaturo Data Name:AIM°T.Hudak,City Monapor APPROVED AS TO PROCUREMENT ,_Do( aipod) (Tulle) (Dale) AUTHORITY(as to the School Board): BY le4(c11/ A. C alAu.A 1 —FAB8BA0BFB5E4CF.SIgnaluro Ca 'S n LA• _ 0/14/2022 ATTEST: PrDula urement Manopernan Ipnalura Numo:Refuel E.Granada,City Clerk 12/12/2022 I 4:14 PM EST (Nemo Typod) (Title) (Delo) APPROVED AS TO FORM AND LEGAL Address: SUFFICIENCY (as to the School Board): nlgilagy otUuod byAgtl erau I in .0400' School Board Attorney-Signature F.E.I.N.(If organization) Dote APPROVED AS TO FORM&LANGUAGE &FOR EXECUTION O/0Z .Ally Mornay s.rw• Dal 13 DocuSign Envelope ID:6FCC651D-8595-4454-A0F9-BA2EFD550C73 ,}tonnt • Miami-Dade County Public Schools giving our students the world Superintendent of Schools Mlaml-Dade County School Board Dr Jose L,Dofres Polio Taberos Heldman,Chair Dr,Steve Gallon III,Vlco Cltalr School Board Attorney Lucia Baez-Golfer and General Comm! Or.Dorothy Bendross•Mlndingall WallerJ.Harvey Chdsll Frage Dr.Lobby Navarro Dr.Marto Pdrez TorREQUEST FOR WAIVER OF MINIMUM CONTRACT STANDARDS Mad Lulea ea S antos nfoa TO: Dr.Joao L.noires,Superintendent of Schools FROM: AIIII Gramme,Asslelan!School Board Altana:1r DATE: October 24,2022 SUBJECT: City of Miami Beach Staff has requested that the School Board enter Into Ilse aforementioned contract;however,a legal review of the some has determined that provisions of this contract fall below guidelines delineated In Board Policy 0640 as follows: The standard School Board clause Including 5T8ote0gbrintdndon%watvoaHhalfoliowlttg Contract Papolp deviations: TERMINATION: Tho School Board can terminate the Agreement, Either putty may larmtnato the Agreement by for convenience, upon thirty (30) days written granting the other petty thirty(30)days written notice. nolice. 31 Article V INDEMNIFICATION; The School Board will bo Indemnified against any and all actions,damages,payments or loos arising out of or In connection with the provisions of limo Mutual Indemnification Is Included In the Agreement. Agreement. 6l Article IX Time City dosiros to ardor Into tills Agreement only If In so doing the City Gan place a limit on the City's liability for any cause of action arising out of this Agreement,so that its liability never exceed the agreed sum of compensation:fee to be paid to the Board purauanl to this Agreement,less any amounts actually paid by the City as of Ike date of the alleged beach. The Board expresses its willingness to enter Into this Agreement with Board recovery from the City for any action or claim arising from this Agreement to be limited to the agreed sum of compensation/fee to be paid to the Board pursuant to this Agreement,loss any amounts actually paid by the City as of the • LIMITATION OF LIABILITY dale of the alleged breach, 01 Article XXII =' ,:•, n • 8utmorintondenUDoalgroo acknowledges and waives the above described Issues(s): CI -c -t Digitally signed by Elizahetti L.Soto t_ ��• Location:Office a/Riskand iienents,r1 10 Management , :C +` Date:2O22.tazs(Z:a6:to.at10' •'t Sit gno Data Risk Management Date n Jose B no . r•, Designee Internal Re tie 22•CO.4643•ALG School Board Attorney's Office•School Board Administration Building•1450 N.E.2nd Ave.•Suite 430•Wand,FL 33132 305-995.1304.305-995.1412(FAXJ•boardatlomoy@dadeschools.net DocuSign Envelope ID:6FCC651D-8595-4454-A0F9-BA2EFD550C73 1 RESOLUTION NO. 2021-31778 • A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING FUNDING FOR THE GENERAL EDUCATION DEVELOPMENT ("GED") AND ENGLISH FOR SPEAKERS OF OTHER LANGUAGES ("ESOL") CLASSES FOR MIAMI BEACH RESIDENTS ENROLLED AT MIAMI BEACH ADULT AND COMMUNITY EDUCATION CENTER FOR THE 2021 SCHOOL YEAR,AND EACH SUBSEQUENT SCHOOL YEAR, SUBJECT TO FUNDING APPROVAL DURING THE CITY'S BUDGETARY PROCESS, IN AN AMOUNT NOT TO EXCEED $11,700 PER SCHOOL YEAR; AND FURTHER AUTHORIZING THE CITY MANAGER TO • EXECUTE ANY AND ALL DOCUMENTS OR AGREEMENTS IN CONNECTION WITH THE PROGRAM. WHEREAS, the Miami Beach Adult and Community Education Center, through Miami- Dade County Public Schools, offers English for Speakers of Other Languages ("ESOL") classes as well as General Education Development("GED")classes to Miami Beach residents; and WHEREAS, the ESOL course is designed to provide English language and literacy instruction for English language learner adults whose first language is other than English and who are non-literate or semi-literate in their home language, in order to increase their ability to communicate in English; and WHEREAS, The GED course of instruction prepares students for academic and personal success through obtaining the necessary skills required to pass the official GED test and earn a State of Florida High School Diploma; and WHEREAS, the current fee to enroll in either a GED or ESOL course at Miami Beach Adult and Community Education Center through Miami-Dade County Public Schools is $30; and WHEREAS, in the Fall 2019 semester, 390 Miami Beach residents were enrolled into ESOL and GED; and WHEREAS, in summer 2019, the enrollment for the GED and ESOL classes was equally robust with 223 Miami Beach residents availing themselves of these educational opportunities; and WHEREAS, however, following the COVID-19 pandemic and its adverse impact to Miami Beach's vulnerable residents, the enrollment in Summer 2020 dropped 69% when compared to the enrollment during Summer 2019 term;and WHEREAS, the hospitality industry in Miami Beach suffered one of the worst adverse impacts of the COVID-19 pandemic; and WHEREAS, in order to ensure that our workforce remains on Miami Beach, as they are the backbone of our hospitality industry, removing obstacles to their ability to attain and improve basic skills like English proficiency and high school graduation equivalency, is critical; and WHEREAS, on July 29, 2020, the Mayor and City Commission adopted Resolution No. 2020-31324, accepting the recommendation of the City Administration to fund the enrollment fee DocuSign Envelope ID:6FCC651 D-8595-4454-A0F9-BA2EFD550C73 • for up to 390 Miami Beach residents to take ESOL and GED classes for Fall 2020 at a cost not to exceed $11,700; and WHEREAS, on November 18, 2020,the Mayor and City Commission adopted Resolution No. 2020-31482, accepting the recommendation of the City Administration to extend the term of the initial Agreement to March 22, 2021; and WHEREAS, Fall and Winter 2020 Miami Beach resident enrollment resulted in 77 enrolled with approximately$9,390 of funds remaining, which funds City Administration will be allocating to the Fall 2021 semester for eligible Miami Beach residents; and WHEREAS, it is anticipated that with continued funding and with the expected return of in-person classes, more Miami Beach residents will take advantage of this scholarship opportunity. • • NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby authorize funding for the General Education Development ("GED") and English for Speakers of Other Languages ("ESOL") classes for Miami Beach residents enrolled at Miami Beach Adult and Community Education Center for the 2021 school year, and each subsequent school year, subject to funding approval during the City's budgetary process, in an amount not to exceed$11,700 per school year;and further authorize the City Manager to execute any and all documents or agreements in connection with the program. PASSED and ADOPTED this Z@ day of July, 2021. ATTEST: Dan Gelber, Mayor 7d Raf el E. Granado, City Clerk "B" \ ir (sponsored by Commissioner Michael Gongora) li!CORPO'IATED.' i • k" ,,,:ro k • '"a,CH 26 • APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION • • • City Attorney i Dote DocuSign Envelope ID:6FCC651 D-8595-4454-AOF9-BA2EFD550C73 • Resolutions-C7 R MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Alina T. Hudak, City Manager DATE: July 28,2021 SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING FUNDING FOR ,THE GENERAL EDUCATION DEVELOPMENT ("GED") AND ENGLISH FOR SPEAKERS OF OTHER LANGUAGES ("ESOL") CLASSES FOR MIAMI BEACH RESIDENTS ENROLLED AT MIAMI BEACH ADULT AND COMMUNITY EDUCATION CENTER FOR THE 2021 SCHOOL YEAR, AND EACH SUBSEQUENT SCHOOL YEAR,SUBJECT TO FUNDING APPROVAL DURING THE CITY'S BUDGETARY PROCESS, IN AN AMOUNT NOT TO EXCEED $11,700 PER SCHOOL YEAR; AND FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL DOCUMENTS OR AGREEMENTS IN CONNECTION WITH THE PROGRAM. RECOMMENDATION The administration is seeking approval to utilize remaining scholarship GED/ESOL funds for Fall 2021 and continue funding of the Miami Beach Adult and Community Education Scholarship Program for City residents enrolling in GED and ESOL classes at the Miami Beach Adult and Community Education Center for the 2021-22 school year (Fall, Winter, and Spring semesters)and each subsequent fiscal year. BACKGROUND/HISTORY In July 2020 the. Commission approved Resolution 2020-31324 authorizing funding of up to $11,700 for the General Education Development (GED) and English for Speakers of Other Languages (ESOL) classes for Miami Beach residents enrolled in Fall 2020 at Miami Beach Adult and Community Education Center, appropriated from the City s General Fund for Fiscal Year 2020. On October 15, 2020, the City signed an agreement with the School Board to provide these services. On February 22,2021,the City amended its original agreement with the School Board to extend the term to March 22,2021. The English for Speakers of Other Languages (ESOL) course is designed to provide English language and literacy instruction for English language learner adults whose first language is other than English and who are non-literate or semi-literate in their home language, in order to increase their ability to communicate in English. The instructional focus is to prepare . adult learners to use English for entering the career and technical and/or postsecondary education,employment, and participation in civic life. Page 506 of 2012 DocuSign Envelope,ID:6FCC651D-8595-4454-AOF9-BA2EFD55OC73 The GED course of instruction prepares students for academic and personal success through obtaining the necessary skills required to pass the official GED test and earn a State of Florida High School Diploma. This program strives to motivate students not only to obtain the diploma but also to utilize the acquired skills in the workforce and to achieve career and job placement success. ANALYSIS During Fall 2020 and Winter 2020 the ESOL and GED scholarship provided 77 Miami Beach adult residents a scholarship in a total cost to the City of$2,310,or$30 per participant. Following the COVI D-19 pandemic and its adverse impact on Miami Beach's vulnerable residents, enrollment in GED and ESOL classes continues to be low, due to financial constraints of Miami Beach families. The hospitality industry continues to suffer impacts of the COVID-19 pandemic; in order to ensure that our workforce remains on Miami Beach, as they are the backbone of our hospitality industry, removing obstacles to their ability to attain and improve basic skills like English proficiency and high school graduation equivalency, is critical. It is anticipated that with continued funding and with the expected return of in-person classes, more Miami Beach residents will take advantage of this scholarship opportunity. SUPPORTING SURVEY DAT 49.1% of residents were either very satisfied or satisfied with the quality of public schools in Miami Beach FINANCIAL INFORMATION $11,000 included in the FY2022 Enhancement Request list $9,390 remaining of$11,700 budgeted for FY2021 Applicable Area Citywide Is this a"Residents Right Does this item utilize G.Q. to Know"Item.pursuant to Bond Funds? City Code Section 2-14? No No Strategic Connection Prosperity-Be known for(K-12)educational excellence. Legislative Tracking Organizational Development Performance Initiatives Sponsor Commissioner Michael Gongora ATTACHMENTS: Description ❑ Resolution • Page 507 of 2012 DocuSign Envelope ID:6FCC651D-8595-4454-A0F9-BA2EFD550C73 RESOLUTION NO. 2022-32193 RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING RESOLUTION NO. 2021- 31778, AND AUTHORIZING AN INCREASE IN FUNDING IN AN AMOUNT NOT TO EXCEED $6,000.00, FOR THE GENERAL EDUCATION DEVELOPMENT("GED")AND ENGLISH FOR SPEAKERS OF OTHER LANGUAGES ("ESOL") CLASSES FOR MIAMI BEACH RESIDENTS AT MIAMI BEACH ADULT AND COMMUNITY EDUCATION CENTER, WITH THE TOTAL AMOUNT OF FUNDING NOT TO EXCEED $17,700 FOR SCHOOL YEAR 2022, AND EACH SUBSEQUENT YEAR. AFTER, SUBJECT TO FUNDING APPROVAL DURING THE CITY'S BUDGETARY PROCESS; AND FURTHER AUTHORIZING THE CITY . MANAGER TO EXECUTE ANY AND ALL DOCUMENTS OR AGREEMENTS IN CONNECTION WITH THE PROGRAM. WHEREAS, the Miami Beach Adult and Community Education Center, through Miami-Dade County Public Schools, offers English for Speakers of Other Languages ("ESOL") classes as well as General Education Development ("GED") classes to Miami Beach residents; and WHEREAS,the ESOL course is designed to provide English,language and literacy instruction for English language learner adults whose first language is other than English and who are non-literate or semi-literate in their home language, in order to increase their ability to communicate in English; and WHEREAS, the GED course of instruction prepares students for academic and personal success through obtaining the necessary skills required to pass the official GED test and earn a State of Florida High School Diploma; and WHEREAS, on July 29, 2020, Mayor and City Commission adopted Resolution No. 2020-31324, accepting the recommendation of the City Administration to fund enrollment fee for up to 390 Miami.Beach residents to take ESOL and GED classes for Fall 2020 at a cost not to exceed$11,700,through an agreement with Miami-Dade County Public Schools; and WHEREAS, on July 28,2021,the Mayor and City Commission adopted Resolution No. 2021-31778, authorizing funding for enrollment fees for the 2021 school year, and each subsequent school year, subject to funding approval during the City's budgetary process, in an amount not to exceed $11,700 per school year; and WHEREAS, the current fee to enroll in either a GED or ESOL course at Miami Beach Adult and Community Education Center through Miami-Dade County Public Schools is $30; and DocuSign Envelope ID:6FCC651 D-8595-4454-A0F9-BA2EFD550C73 • • WHEREAS, according to the Letter to Commission # 161-2022, dated April 22, 2022, as of April 19th, 2022, all available $30 scholarships have been utilized by 390 residents for the Winter 2021 and Spring 2022 terms totaling the full allocated amount of $11,700; and WHEREAS, as such,the City is unable to offer scholarships for the Fall 2022 term; and WHEREAS, enrollment at Miami Beach Adult Education has exceeded prior years, indicating need and interest in GED/ESOL classes among the City's residents; and WHEREAS,as follows,the Mayor and City Commission wish to amend Resolution No. 2021-31778 to authorize an increase in funding in an amount not to exceed $6,000.00, for GED/ESOL classes for Miami Beach residents, with the total amount of funding not to exceed $17,700 per School Year. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby amend Resolution No. 2021-3.1778, and authorize an increase in funding in an amount not to exceed $6,000.00 for the General Education Development ("GED") and English For Speakers of Other Languages ("ESOL") classes for Miami Beach residents at Miami Beach Adult and Community Education Center, with the total amount of funding not to exceed $17,700 for School Year 2022, and each subsequent school year, subject to funding approval during the City's budgetary process; and further authorize the City Manager to execute any and all documents or agreements in connection with the Program. PASSED and ADOPTED this vt)- day of 2Lh-e- o2a • ATTEST: Dan Gelber, Mayor 7)1 JUN 2 3 2021 P �.., Rafael E. Granado, City Clerk . s, s INEORP O ATEJ•' e (sponsored by Vice-Mayor Kristen Rosen Gonzalez) '"-.�, ..??,..:fg: • • APPROVED AS TO FORM&LANGUAGE &FOR EXECUTION City Attorne Date DocuSign Envelope ID:6FCC651D-8595-4454-AOF9-BA2EFD55OC73 Resolutions-C7 N MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Rafael A. Paz,City Attorney DATE: June 22,2022 SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING RESOLUTION NO. 2021-31778, AND AUTHORIZING AN INCREASE IN FUNDING IN AN AMOUNT NOT TO EXCEED $6,000.00, FOR THE GENERAL EDUCATION DEVELOPMENT ("GED") AND ENGLISH FOR SPEAKERS OF OTHER LANGUAGES ("ESOL") CLASSES FOR MIAMI BEACH RESIDENTS AT MIAMI BEACH ADULT AND COMMUNITY EDUCATION CENTER,WITH THE TOTAL AMOUNT OF FUNDING NOT TO EXCEED $17,700 FOR SCHOOL YEAR 2022 AND EACH SUBSEQUENT YEAR AFTER, SUBJECT TO FUNDING APPROVAL DURING THE CITY'S BUDGETARY PROCESS;AND FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL DOCUMENTS OR •AGREEMENTS IN CONNECTION WITH THE PROGRAM. ANALYSIS Pursuant to the request of Vice-Mayor Kristen Rosen Gonzalez, the above-referenced Resolution is submitted for consideration by the Mayor and City Commission at the June 22, 2022 Commission meeting. SUPPORTING SURVEY DATA N/A • FINANCIAL INFORMATION - ' The sponsor of this item requests that the Administration be prepared to address the fiscal impact of this proposed measure, if any,at the June 22,2022 City Commission meeting. Is this a"Residents Right Does this Item utilize G.O. to Know"item,pursuant to Bond Funds? City Code Section 2-14? No No Legislative Tracking Office of the City Attorney Page 380 of 1232 DocuSign Envelope ID:6FCC651D-8595-4454-A0F9-BA2EFD550C73 Sponsor Vice-Mayor Kristen Rosen Gonzalez ATTACHMENTS: Description ❑ Resolution Page 381 of 1232 DocuSign Envelope ID:6FCC651D-8595-4454-A0F9-BA2EFD55OC73 MI A/V\I B E AC H Contract/Document.Routing Form Contract No. Title • Grant Agreement between CMB and MDCPS Contractor Requesting Department ` School Board of Miami-Dade County EDUCATION PERFORMANCE INITIATIVES De ar-trnent.Director am DW'dl y Ds ACM Name gt.si D . signal by: DR.LESLIE ROSENFELD KATHIE BROOKS -194824CA93D744F... "—CA5176030345483... Document"Type(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. 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 X Type 5—Grant agreements with the City as the grantor Other: 'S `Sursrriia ":& 'ur ose=attech n emo if n tditional s ace ls':necessa, �,',!*x , ` • The City has provided funding to Grantee to implement the Miami Beach Adult and Community Education Scholarship program for City residents enrolling at the Miami Beach Adult and Community Education Center for ESOL/GED in the Winter 2022,Spring 2023 and Fall 2023. The Grantee may only use the Grant for the purposes that are specifically described in the Project Description.And • shall,In no event,exceed the total amount of$17,700.00.Funding will provide a$30 scholarship for Miami Beach residents to enroll in these adult education classes.Reso 2022-32193 Authorizes the city manager to execute any and all documents or agreements in connection with the program. OrrghnaJTer.m .. ,. � " , ota�Ter}t (Ogiabt ite e�as) t t. lyear 0 lyear ,rx • .b+, +n,s--+ r a ,. d`'"'."xa.e« ll ndill inforthatioa ca;v' -` :'.'i. ;". '* �'z> .. .}s,< Grant Funded: Yes X No State Federal Other: ;• a *, " J - z Costs&Eundin S:a ra& Year,: ;ld'nitfuairCost • e' ,,.>? Accotunt r<. 'e os — R4 trice;Enhancement. 1 $17,700.00 011-0332-000343-16-400-582-00-00-00- % Yes X No 2 Yes No 3 Yes No 4 Yes No 1.For contracts longer than five years,contact the Procurement Department. 2.Attach any supporting explanation needed.3.Budget approval indicates approval for current fiscal year only.Future years are subject to City Commission approval of annual adopted operating budget. City Commission Approved: Yes No Resolution No.: CC Agenda Item No.: CC Meeting Date: 2021-31788/2022-32193 If no,explain why CC approval is not required: Legal Form Approved: X Yes No If no,explain below why form approval is not necessary: pp ovals see attar ed , Procurement:Alex Denis ,.J AUsieneaby: Grants: NA Budget:Tameka Otto Stewart Information Technology: NA Risk Management:Marc =$gd~'3'asdgi nb63.. Fleet&Facilities: NA Chevalier 1/. Or/a t.V' Human Resources:NA NeSED6298740409... Other: