Resolution 2023-32571RESOLUTION NO. 2023-32571
RESOLUTION OF THE MAYOR AND, CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY
MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE
SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA (M-DCPS) FOR THE
2023-2024 SCHOOL YEAR, SUBJECT TO TWO (2) ADDITIONAL ONE-YEAR
EXTENSIONS, BY MUTUAL AGREEMENT OF THE PARTIES; SAID
AGREEMENT PROVIDING FOR AN ANNUAL CITY CONTRIBUTION, IN THE
AMOUNT NOT TO EXCEED $45,945.00, WITH M-DCPS FUNDING THE
REMAINING COSTS, TO SUPPORT THE CONTINUATION OF THE CITY VPK
CLASSROOM AT BISCAYNE BEACH ELEMENTARY SCHOOL, WHICH
CLASSROOM SERVES UP TO 20 CITY RESIDENT CHILDREN PURSUANT TO
A LOTTERY REGISTRATION SYSTEM.
WHEREAS, on December 9, 2015, the City Commission passed and adopted Resolution
No. 2015-29222, authorizing the City Manager to negotiate an agreement (the "Agreement") with
the School Board of Miami -Dade County, Florida (M-DCPS), for the City to provide funding to M-
DCPS for one prekindergarten classroom (VPK) at each of the following schools: Biscayne
Elementary School and Fienberg/Fisher K-8 Center (the "CMB VPK classrooms"); and
WHEREAS, CMB and M-DCPS executed the Agreement, dated February 10, 2016; and
WHEREAS, the VPK services offered at Biscayne Elementary School and Fienberg-
Fisher K-8 Center, under the terms of the Agreement, served the City of Miami Beach resident
children from the following four targeted schools (Biscayne Elementary School, Fienberg-Fisher
K-8 Center, North Beach Elementary School and South Pointe Elementary School), following the
Registration and Lottery Procedures for school years 2016/17, 2017/18, and 2018/19; and
WHEREAS, On April 11, 2018, the Mayor and City Commission adopted Resolution No.
2018-30259, approving the reduction in funding for the CMB VPK classrooms during the 2018-
2019 school year, by approving the removal the CMB VPK class at Fienberg/Fisher K-8 Center
and providing funding for fifty percent (50%) of personnel costs for the CMB VPK class at
Biscayne Elementary School, serving up to 20 City resident children from the four targeted Miami
Beach schools, based upon a lottery system, in an amount not to exceed $35,000.00, with M-
DCPS funding the remaining costs; and
WHEREAS, on June 26, 2018, the parties executed Amendment No. 1 to the February
10, 2016 Interlocal Agreement, memorializing that the CMB VPK class at Biscayne Elementary
School would be providing the VPK program for the four targeted Miami Beach schools during
the 2018-2019 school year; and
WHEREAS, on June 5, 2019, the Miami -Dade County Public School Board adopted a
resolution relating to Item D-67, renaming the Miami Beach public schools, and Biscayne
Elementary School was renamed Biscayne Beach Elementary School; and
WHEREAS, on June 5, 2019, the Mayor and City Commission adopted Resolution No.
2019-30840, approving Amendment. No 2 to the Agreement between the City and the School
Board of Miami Dade County, for the continuation of the CMB VPK classroom at Biscayne Beach
Elementary School for the 2019-2020 school year; subject to two (2) additional one-year
extensions by mutual agreement of the parties, based upon the same financial terms, which
included an annual City contribution in the amount not to exceed $35,000.00; and
WHEREAS, instead of executing Amendment No. 2, the City and M-DCPS executed a
new Interlocal Agreement, dated January 3, 2020, for the 2019-2020 school year; and
WHEREAS, the following two year extensions of the CMB VPK program at Biscayne
Beach Elementary School were memorialized pursuant to the following two new Interlocal
Agreements: an Interlocal Agreement, dated August 2, 2021, covering the period from July 1,
2021 through June 30, 2022; and an Interlocal Agreement, dated August 30, 2022, covering the
period from July 1, 2022 through June 30, 2023; and
WHEREAS, the City Administration and M-DCPS have agreed to continue the CMB VPK
program at Biscayne Beach Elementary School for the 2023-2024 school year, which VPK
program is accessible by City resident children who reside within the attendance boundaries of
the four selected schools pursuant to a lottery selection process; and
WHEREAS, the City Manager recommends that the Mayor and City Commission approve
and authorize the City Manager to execute the Interlocal Agreement with M-DCPS, a copy of
which is attached to the City Commission Memorandum accompanying this Resolution, for the
2023-2024 school year; and further authorize the City Manager to extend the Interlocal Agreement
for two (2) additional one-year terms, upon mutual agreement of the parties, with the City providing
a City contribution, in an amount not to exceed $45,945.00 per school year, covering
approximately 50% of the salary of the teacher and paraprofessional for the CMB VPK classroom,
with M-DCPS funding the remaining costs.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby approve
and authorize the City Manager to execute an Interlocal Agreement with the School Board of
Miami -Dade County, Florida for the 2023-2024 school year, subject to two (2) additional one-year
extensions, by mutual agreement of the parties; said Agreement providing for an annual City
contribution, in the amount not to exceed $45,945.00, with M-DCPS funding the remaining costs,
to support the continuation of the City VPK classroom at Biscayne Beach Elementary School,
which classroom serves up to 20 City resident children pursuant -to a lottery registration system.
PASSED and ADOPTED this .2e day of April 2023.
ATTEST:
MAY 0 2 2023 Dan Gelber, Mayor
Rafael E. Granado, City Clerk
APPROVED AS TO
FORM & LANGUAGE
Sc FOR XECUTION
CityAtearn .yr ET Date
Resolutions C7 G
MIAAAI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Alina T. Hudak, City Manager
DATE: April 28, 2023
SUBJECT. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE
,CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT WITH
THE SCHOOL BOARD OF MIAMI-DADS COUNTY, FLORIDA (M-DCPS)
FOR THE 2023-2024 SCHOOL YEAR, SUBJECT TO TWO (2) ADDITIONAL
ONE-YEAR EXTENSIONS, BY MUTUAL AGREEMENT OF THE PARTIES;
SAID AGREEMENT PROVIDING FOR AN ANNUAL CITY CONTRIBUTION,
IN THE AMOUNT NOT TO EXCEED $45,945.00, WITH M-DCPS FUNDING
THE REMAINING COSTS, TO SUPPORT THE CONTINUATION OF THE
CITY VPK CLASSROOM AT BISCAYNE BEACH ELEMENTARY SCHOOL,.
WHICH CLASSROOM SERVES UP TO 20 CITY RESIDENT CHILDREN
PURSUANT TO A LOTTERY REGISTRATION SYSTEM.
RECOMMENDATION
Amendment No. 3 to the Agreement between the City and the School Board of Miami Dade
County will allow for the continuation of the CMB VPK classroom at Biscayne Beach
Elementary School for the 2023-2024 school year, subject to two (2) additional one-year
extensions by mutual agreement of the parties, based upon the same financial terms, which
includes an annual City contribution in the amount not to exceed $45,945 which is 50 percent of
the cost to sustain the classroom.
BACKGROUND/HISTORY
On December 9, 2015, the City Commission passed and adopted Resolution No. 2015-29222
authorizing the City Manager to negotiate an agreement (the "Agreement") with M-DCPS for
the City to provide funding to M-DCPS for one prekindergarten classroom (VPK) at each of the
following schools: Biscayne Elementary School and Fienberg/Fisher K-8 Center (the "CMB
VPK classrooms").
CMB and M-DCPS executed the Agreement; dated February 10, 2016. Prekindergarten
services were offered at Biscayne Elementary School and Fienberg/Fisher K-8 Center under
the terms of the Agreement for City of Miami Beach resident children from the four targeted
schools (Biscayne Elementary School, Fienberg/Fisher K-8 Center, North Beach Elementary
School and South Pointe Elementary School), following the Registration and Lottery
Procedures for school years 2016/1.7, 2017/18,, and 2018/19.
Page 270 of 991
On April 11, 2018, the City Commission approved the reduction in funding for the CMB VPK.
classrooms during the 2018-2019 school year, by approving the removal the CMB VPK class at
Fienberg/Fisher K-8 Center and providing funding for fifty percent (50%) of personnel costs for
the CMB VPK class at Biscayne Elementary School, in an amount not to exceed $35,000,
contingent upon M-DC'PS funding the remaining costs._:- -
On June 26, 2018, the parties executed Amendment No.. 1, memorializing that the CMB VPK
class at Biscayne Elementary School would be providing the VPK program for the four targeted
Miami Beach schools.
The Administration and MDCPS agreed to extend the Agreement to continue the CMB VPK
program at Biscayne Elementary School for the 2019-2020 school year, with two (2) additional
one-year extensions, upon'mutual agreement of the parties, with the City continuing to contribute
an amount not to exceed $35,000 per school year.
M-DCPS agreed to fund the portion of the costs to operate the CMB VPK classroom which
would not be funded by CMB for the 2019-2020 school year.
On June 5,-2019, MDCPS adopted a resolution related to Item D-67, renaming the Miami
Beach public schools, and Biscayne. Elementary School was. renamed Biscayne Beach,
Elementary School.
On June 5, 2019, the Mayor and City Commission adopted Resolution No. 2019-30840,
approving, in substantial form, Amendment. No 2 to the Agreement between the City and the
School Board of Miami Dade County, for the continuation of the CMB VPK classroom at
Biscayne Beach Elementary School for the 2019-2020 school year; subject to two (2) additional
one-year extensions by mutual agreement of the parties, based upon the same financial terms,
which included an annual City contribution in the amount not to exceed $35,000.
Instead of executing Amendment No. 2, the City and M-DCPS executed a new Interiocal
Agreement, dated January 3, 2020, for the 2019-2020 school year. The following two year
extensions of the CMB VPK program at Biscayne Beach Elementary School were
memorialized pursuant to the following two, new I nterlocal Agreements: an I nteriocal
Agreement, dated August 2, 2021, covering the period from July 1, 2021 through June 30,
2022; and an Interiocal Agreement, dated August 30, 2022, covering the period from July 1,
2022 through June 30, 2023.
ANALYSIS
The second additional one-year extension will expire on June 30, 2023. As such, Administration
has negotiated with MDCPS to extend the Agreement to continue the CMB VPK program at
Biscayne Beach Elementary School for the 2023-2024 school year, with two (2) additional one-
year extensions, upon mutual_ agreement of the parties, with the City contributing an amount not
to exceed $45,945 per school year. The additional cost is 50 percent of the salary increase for
the teacher and, paraprofessional. MDCPS would be responsible for any remaining costs.
-SUPPORTING SURVEY DATA
.49% of Residents are satisfied or very satisfied with public schools in Miami Beach
FINANCIAL INFORMATION
Page 271 of "991
FY 2023: $45,945 (already allocated in FY 2023 Budget)
Applicable Area
Not Applicable
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
Strategic Connection
Prosperity - Be known for (K-12) educational excellence.
Legislative Tracking
Education and Performance. Initiatives
ATTACHMENTS:
Description
❑ Intedocal Agreement
❑ Resolution
Page 272 of 991
INTERLOCAL AGREEMENT FOR VOLUNTARY PRE -KINDERGARTEN (VPK)
THIS INTERLOCAL AGREEMENT (Agreement) is made and entered into as of this _ day of ,
2023, (the Effective Date, which shall be the date this Agreement is fully executed) by and between
THE SCHOOL BOARD OF MIAMI-DADE COUNTY. FLORIDA
a political subdivision of the State of Florida,
whose principal place of business is
1450 N.E. 21 Avenue
Miami, Florida 33132
And
THE CITY OF MIAMI BEACH. FLORIDA
a body corporate and political subdivision of the State of Florida,
whose principal place of business is
1700 Convention Center Drive
Miami Beach, Florida 33139
WHEREAS, since the Education Compact implementation on January 16, 2008, the City of Miami Beach ("City"
or "CMB") has collaborated with The School Board of Miami -Dade County, FL ("School Board" or "M-DCPS")
(collectively referred to as the "Parties") to improve educational opportunities for youth in the City; and
WHEREAS, the Miami Beach City Commission supports entering into an Agreement with the School Board
whereby the City will fund certain prekindergarten classes for eligible City of Miami Beach residents; and
WHEREAS, the Parties executed an Interlocal Agreement, dated February 10, 2016, in which the City provided
funding to M-DCPS for one prekindergarten classroom ("VPK") at each of the following schools: Biscayne Elementary
School and Fienberg/Fisher K-8 Center; and
WHEREAS, on April 11, 2018, the Mayor and City Commission adopted Resolution No. 2018-30259, removing
the VPK classroom at Fienberg/Fisher K-8 Center and reducing the funding for Biscayne Elementary School to an amount
not to exceed $35,000 for the personnel costs contingent on M-DCPS funding the remaining costs; and
WHEREAS, on June 26,2018, M-DCPS and the City executed Amendment No. 1; and
WHEREAS, on June 5, 2019, the Miami Dade County Public School Board adopted a resolution relating to Item
D-67, renaming Biscayne Elementary School to Biscayne Beach Elementary School; and
WHEREAS, on June 5, 2019, the Mayor and Commission adopted Resolution No. 2019-30840, approving
Amendment No. 2 to the agreement with two (2) additional one-year extensions by mutual agreement of the parties,
providing funding for one VPK classroom at Biscayne Beach Elementary School for the 2019-2020 school year in the
amount not to exceed $35,000; and
WHEREAS, instead of proceeding with Amendment No. 2 to the agreement, the Parties agreed to enter into a new
Interlocal Agreement on January 3, 2020; and
WHEREAS, the Parties executed an Interlocal agreement, dated August 2, 2021; in which the city provided
funding to M-DCPS for one (1) Prekindergarten classroom (VPK) at the following school: Biscayne Beach Elementary
School; and
WHEREAS, the Parties executed an Interlocal agreement, dated August 30, 2022; in which the city provided
funding to M-DCPS for one (1) Prekindergarten classroom (VPK) at the following school: Biscayne Beach Elementary
School; and
WHEREAS, on April 28, 2023, the Mayor and Commission adopted Resolution No. , approving this
Agreement between the City and the School Board of Miami -Dade County for the continuation of the CMB VPK classroom
Page 273 of 991
at Biscayne Elementary School for the 2023-2024 school year, subject to two (2) additional one-year extensions by mutual
agreement of the parties, which includes an annual City contribution in the amount not to exceed $45,945; and
WHEREAS, Prekindergarten services offered at Biscayne Beach Elementary School under the terms of this
Agreement may be accessed by City of Miami Beach resident children from the four targeted schools (Biscayne Beach
Elementary School, Fienberg/Fisher K-8 Center, North Beach Elementary School and South Pointe Elementary School)
following the Registration and Lottery Procedures in 'section 1.06 of this Agreement. 1
NOW, THEREFORE, in consideration of the premises and of the mutual covenants contained in this Agreement
and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree
as follows:
ARTICLE 1— RECITALS AND DEFINITIONS
1.01 Recitals
Parties agree that the foregoing recitals are true and correct and that such recitals are incorporated into this Agreement by
reference.
1.02 Purpose and Goals
The purpose of the Program, known as the VPK Program, is to provide four -year -old children with a variety of
meaningful learning experiences in environments that give them opportunities to create their own knowledge, through
initiatives shared with supportive adults. The program's curriculum framework focuses on active learning, early
literacy, adult -child interactions, the daily routine, the learning environment, and assessment. The goals of the program
serve as a conceptual framework, within which the foundation for successful learning is developed and implemented.
They are as follows:
• support a positive self-image in the child;
• enrich the language and literacy skills of the prekindergarten child;
• provide experiences that will enhance the child's knowledge of the world around him/her;
• encourage the development of a support system between home and school;
• promote social, emotional, physical, and cognitive development through developmentally appropriate
activities; and
• develop skills that are necessary for future success in learning.
1.03 Eligibility Requirements
Under this Agreement, Biscayne Beach Elementary School will house one CMB VPK classroom. M-DCPS will
implement current VPK Program registration guidelines for the classroom funded by the City. Services at this school
may be accessed by City of Miami Beach resident children from the four targeted schools (Biscayne Beach Elementary
School, Miami Beach Fienberg(Fisher K-8 Center, North Beach Elementary School and Miami Beach South Pointe
Elementary School) following the Registration Procedures in Section 1.06 of this Agreement.
Requirements for Participation in the CMB VPK Program are as follows:
• Child must have attained the age of four, on or before September 1 of each school year; and
• Child must reside within the attendance boundaries of the four targeted schools.
1.04 Funding
State funding for VPK provides a three-hour program from 8:20 a.m. to 11:20 a.m., Monday through Friday. In
addition, M-DCPS offers a Prekindergarten Enrichment Program from 11:20 a.m. through 1:50 p.m. in the classroom
identified in this Agreement, CMB will fund the Prekindergarten Enrichment Program to operate under the same
procedures as all M-DCPS Prekindergarten Enrichment Programs as follows: (1) CMB shall contribute up to one half
of the personnel costs, in an amount not to exceed $45,945; and (2) M-DCPS shall fund the remaining costs of this
VPK classroom. The personnel salaries, fringe benefits and indirect costs may fluctuate based on
Page 2 of 9
Page 274 of 991
teacher/paraprofessional qualifications, seniority, contract requirements, retirement, surplus, and personnel changes.
Attached hereto and incorporated herein as Exhibit A is the Estimated Cost Breakdown.
1.05 Class Size and Staffing Requirements
Class size of the VPK Program is limited to 20 students per classroom. Schools must adhere to the adult/student ratio
of l to 10.
The instructional team must include one certified early childhood or prekindergarten/primary teacher, and one highly
qualified (HQ) paraprofessional. Teachers and paraprofessionals must attend training in the delivery of the District's
VPK program curriculum, the administration of the Florida VPK Assessment ; and Florida Early Learning and
Developmental Standards for Four -Year -Olds.
1.06 Registration and Lottery Procedures
Attached hereto and incorporated herein as Exhibit B is the City of Miami Beach VPK Choice Classes Application.
If needed, all lottery registration deadlines and procedures will be established and followed according to the
Department of Early Childhood Programs guidelines, for this CMB funded VPK class. Parents from the four targeted
schools will be able to apply for prekindergarten through the home school lottery which includes completing the
official VPK Choice application. In the official VPK Choice application, parents must select one of two options: not
interested or Biscayne Beach Elementary School. Parents of students not selected through the home school lottery will
be notified via letter from the home school of the VPK Choice option for the Miami Beach funded VPK Class at
Biscayne Beach Elementary School. The choice application may then be submitted for the lottery selection process.
Lottery Participation Reauirements
Only children who have all the required documents for initial school entry will be considered to participate in the
lottery selection process. All children must reside within the attendance boundaries of the four selected schools in
order to participate in the lottery selection process. The Certificate of Eligibility (COE) is not needed to participate in
the lottery selection process.
Final Roster for Selected Students
A final roster is completed based on the names of children selected during the lottery.
Waiting List/Ooen Slots
Once the enrollment capacity is reached at a VPK site, a waiting list of all other eligible children must be established
and ranked according to the results of the lottery. The waiting list must be used to maintain an enrollment of 20
students at all times. Parents of children on the waiting list will be contacted throughout the school year once a slot
becomes available due to student withdrawals.
ARTICLE 2 — SPECIAL CONDITIONS
2.01 Funding
CMB shall contribute up to one half of the personnel costs, in an amount not to exceed $45,945; and (2) M-DCPS shall fund
the remaining costs of this VPK classroom.
Attached hereto and incorporated herein as Exhibit A is the Salary Range without fringe benefits for teachers and
paraprofessionals. School Board shall provide the actual personnel salaries, fringe benefits and indirect costs to CMB for
the applicable school year. CMB shall render payment to the School Board for the actual personnel salaries, fringe benefits,
and indirect costs, for which CMB is responsible under this Agreement, no later than September 15 each year. In subsequent
years, the actual personnel salaries, fringe benefits and indirect costs may fluctuate based on teacher/paraprofessional
qualifications, seniority, contract requirements, retirement, surplus, and personnel changes. At the closeout of each fiscal
Page 3 of 9
Page 275 of 991
year, should changes in personnel increase the amount required to maintain the program with qualified
teachers/paraprofessionals, CMB will be invoiced the excess funds due to the School Board, in an amount not to exceed
CMB's responsibility for personnel costs, as delineated herein. Should changes in personnel decrease the amount required
to maintain the program with qualified teachers/paraprofessionals, CMB will be refunded the excess funds by the School
Board.
All funds paid to the School Board for the VPK classroom shall be non-refundable with the exception of any changes made <
in the personnel line item which would require a reimbursement or a refund at the closeout of the fiscal year.
2.02 Term of Agreement
The term of this Agreement shall be effective July 1, 2023 and shall end on June 30, 2024. Any amendment to this
Agreement requires the approval of both Parties. Both Parties reserve the right to terminate this Agreement for
convenience by giving the other Party a minimum of thirty (30) business days written notification prior to February 1
of the corresponding school year. All funds paid by CMB shall be non-refundable should the City terminate this
Agreement.
2.03 Reserved
2.04 Enrollment Procedures
Shall be governed by the provisions of Section 1.03 of this Agreement.
3.01 Indemnification
Each Party agrees to be fully responsible for its acts of negligence or its employees' acts of negligence when acting within
the scope of their employment and agrees to be liable for any damages resulting from said negligence. This section shall
survive the termination of all performance or obligations under this Agreement and shall be fully binding until such time as
any proceeding brought on account of this Agreement is barred by any applicable statute of limitations. Notwithstanding
the foregoing, M-DCPS's and CMB's indemnification herein• is subject to applicable laws, including, but not limited to,
Section 768.28, Florida Statutes, and the limitations, restrictions, and defenses therein. Nothing contained herein shall
constitute a waiver of sovereign immunity by any of the Parties to this Agreement.
3.02 No Waiver of Sovereign Immunity
Nothing herein is intended to serve as a waiver of sovereign immunity by any agency or political subdivision to which
sovereign immunity may be applicable or of any rights or limits to liability existing under Section 768.28, Florida Statutes.
This section shall survive the termination of all performance or obligations under this Agreement and shall be fully binding
until such time as any proceeding brought on account of this Agreement is barred by any applicable statute of limitations.
3.03 No Third Party Beneficiaries
The Parties expressly acknowledge that it is not their intent to create or confer any rights or obligations in or upon any third
person or entity under this Agreement. None of the Parties intend to directly or substantially benefit a third Party by this
Agreement. The Parties agree that there are no third Party beneficiaries to this Agreement and that no third Party shall be
entitled to assert a claim against any of the Parties based upon this Agreement. Nothing herein shall be construed as consent
by an agency or political subdivision of the State of Florida to be sued by third Parties in any matter arising out of any
contract.
3.04 Independent Contractor
The Parties to this Agreement shall at all times be acting in the capacity of independent contractors and not as an officer,
employee or agent of one another. Neither Party nor its respective agents, employees, subcontractors or assignees shall
represent to others that it has the authority to bind the other Party unless specifically authorized in writing to do so. No right
Page 4 of 9
Page 276 of 991
to Party's retirement, leave benefits or any other benefits of employees shall exist for the employees of the other Party as a
result of the performance of any duties or responsibilities under this Agreement. Neither Party shall be responsible for social
security, withholding taxes, contributions to unemployment compensation funds or insurance for the other Party or the other
Party's officers, employees, agents, subcontractors or assignees.
3.05 Equal Opportunity Provision
The Parties agree that no person shall be subjected to discrimination because of age, race, color, disability, gender identity,
gender expression marital status, national origin, religion, sex or sexual orientation in the performance of the Parties'
respective duties, responsibilities and obligations under this Agreement.
3.06 Notice
When any of the Parties desire to give notice to the other, such notice must be in writing, sent by U.S. Mail, postage prepaid,
return receipt requested, or by Federal Express, addressed to the Party for whom it is intended at the place last specified; the
place for giving notice shall remain such until it is changed by written notice in compliance with the provisions of this
paragraph. For the present, the Parties designate the following as the respective places for giving notice:
To M-DCPS:
Jose L. Dotres
Superintendent of Schools
Miami -Dade County Public Schools
1450 N.E. 2nd Avenue, Suite 912
Miami, Florida, 33132
With a copy to:
Dr. Sylvia Diaz
Chief Academic Officer
Office of Academics and Transformation
Miami -Dade County Public Schools
1450 N.E. 2nd Avenue, Suite 921
Miami, Florida, 33132
And a copy to:
Walter Harvey
School Board Attorney
Miami -Dade County Public Schools
1450 N.E. 2nd Avenue, Suite 430
Miami, Florida, 33132
To CMB:
Alina T. Hudak
City Manager
City of Miami Beach
1700 Convention Center Drive, 41' Floor
Miami Beach, Florida 331.39
With copies to: City Attomey
City of Miami Beach
1700 Convention Center Drive, 4" Floor
Miami Beach, Florida 33139
Dr. Leslie Rosenfeld
Chief Education Officer
City of Miami Beach
1700 Convention Center Drive, Iu Floor
Miami Beach, Florida 33139
3.07 Default
The Parties agree that, in the event that either Party is in default of its obligations under this Agreement, the non -defaulting
Party shall provide to the defaulting Party (30) business days written notice to cure the default. However, in the event said
Page 5 of 9
Page 277 of 991
default cannot be cured within said thirty (30) day period, and the defaulting Party is diligently attempting in good faith to
cure same, the time period shall be reasonably extended to allow the defaulting Party additional cure time. Upon the
occurrence of a default that is not cured during the applicable cure period, this Agreement may be terminated by the non -
defaulting Party upon thirty (30) business days' notice. This remedy is not intended to be exclusive of any other remedy,
and each and every such remedy shall be cumulative and shall be in addition to every other remedy now or hereafter existing
at law or in equity or by statute or otherwise. No single or partial exercise by any Party of any right, power, or remedy
hereunder shall preclude':any other or future exercise thereof.
3.08 Annual Appropriation
The performance and obligations of either Party under this Agreement shall be contingent upon the required budgetary
appropriation by its governing body. If either Party does not allocate funds for the payment of services or programs to be
provided under this Agreement, this Agreement may be terminated by that Party at the end of the period for which funds
have been allocated. That Party shall notify the other Party at the earliest possible time before such termination but not less
than 90 business days prior to the termination. No penalty shall accrue to either Party in the event this provision is exercised,
and neither Party shall be obligated or liable for any future payments due or any damages as a result of termination under
this section.
3.09 Excess Funds
M-DCPS agrees to promptly notify CMB of any funds erroneously received from CMB upon the discovery of an erroneous
payment or overpayment. Any excess funds shall be refunded to CMB.
3.10 Public Records
Pursuant to Section 119.0701, Florida Statutes, any Party contracting with M-DCPS or CMB is required to (a) keep and
maintain available for public inspection any records that pertain to services rendered under this Agreement; (b) provide the
public such records and at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes or as otherwise
provided by law; (c) ensure that public records that are exempt or confidential and exempt from public records disclosure
requirements are not disclosed except as authorized by law; and (d) meet all requirements for retaining public records and
transfer, at no cost, to M-DCPS or CMB and destroy any duplicate public records that are exempt or confidential and exempt
from public records disclosure requirements. All of such Party's records stored electronically must be provided to M-DCPS
or CMB in a format that is compatible with M-DCPS' or CMB's information technology systems. Each Party shall maintain
its own respective records and documents associated with this Agreement in accordance with the records retention
requirements applicable to public records. Each Party shall be responsible for compliance with any public documents request
served upon it pursuant to Section 119.07, Florida Statutes, and any resultant award of attorney's fees for non-compliance
with that law. Each Party acknowledges that this Agreement and all attachments thereto are public records and to not
constitute trade secrets.
3.11 Student Records
M-DCPS shall fully comply with the requirements of Section 1002.33, Florida Statutes, or any other state or federal law or
regulation regarding the confidentiality of student information and records.
3.12 Compliance with Laws
Each Party shall comply with all applicable federal and state laws, codes, rules and regulations in performing its duties,
responsibilities and obligations pursuant to this Agreement.,
3.13 Governing Law and Venue
This Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Florida. Any
controversies or legal problems arising out of this Agreement and any action involving the enforcement or interpretation of
any rights hereunder shall be submitted to the jurisdiction of a State court in Miami -Dade County, Florida.
3.14 Entirety of Agreement
This document incorporates and includes all prior negotiators, correspondence, conversations, agreements and
understandings applicable to the matters contained herein and the Parties agree that there are no commitments, agreements
Page 6 of 9
Page 278 of 991
or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly,
the Parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements,
whether oral or written.
3.15 Binding Effect
This Agreement shall be biding upon and inure to the benefit of the Parties hereto and their respective successors and assigns.
3.16 Assignment
Neither this Agreement nor any interest herein may be assigned, transferred or encumbered by any Party without the prior
written consent of the other Party. There shall be no partial assignments of this Agreement including, without limitation,
the partial assignment of any right to receive payments from CMB.
3.17 Captions
The captions, section designations, section numbers, article numbers, titles and headings appearing in this Agreement are
inserted only as a matter of convenience, have no substantive meaning and in no way define, limit, construe or describe the
scope or intent of such articles or sections of this Agreement, nor in any way effect this Agreement and shall not be construed
to create a conflict with the provisions of this Agreement.
3.18 Severability
In the event that any one or more of the sections, paragraphs, sentences, clauses or provisions contained in this Agreement
is held by a court of competent jurisdiction to be invalid, illegal, unlawful, unenforceable or void in any respect, such shall
not affect the remaining portions of this Agreement and the same shall remain in full force and effect as if such invalid,
illegal, unlawful, unenforceable or void sections, paragraphs, sentences, clauses or provisions had never been included
herein.
3.19 Preparation of Agreement
The Parties acknowledge that they have sought and obtained whatever competent advice and counsel as was necessary for
them to form a full and complete understanding of all rights and obligations herein and that the preparation of this Agreement
has been their joint effort. The language agreed to herein expresses their mutual intent and the resulting document shall not,
solely as a matter of judicial construction, be construed more severely against one of the Parties than the other.
3.20 Amendments
No modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in
a written document prepared with the same or similar formality as this Agreement and executed by each Party hereto. The
City Manager of the City of Miami Beach, Florida, shall be authorized to execute any amendment or extension of this
Agreement on behalf of CMB. Jose L. Dotres, Superintendent of M-DCPS shall be authorized to execute any amendment
or extension of this Agreement on behalf of M-DCPS.
3.21 Waiver
The Parties agree that each requirement, duty and obligation set forth herein is substantial and important to the formation of
this Agreement and, therefore, is a material term hereof. Any Party's failure to enforce any provision of this Agreement shall
not be deemed a waiver of such provision or modification of this Agreement unless the waiver is in writing and signed by
the Party waiving such provision. A written waiver shall only be effective as to the specific instance for which it is obtained
and shall not be deemed a continuing or future waiver.
3.22 Force Majeure
Neither Party shall be obligated to perform any duty, requirement or obligation under this Agreement if such performance
is prevented by fire, hurricane, earthquake, explosion, wars, sabotage, accident, flood, acts of God, strikes, or other labor
disputes, riot or civil commotions, or by reason of any other matter or condition beyond the control of either Party, and
which cannot be overcome by reasonable diligence and without unusual expense ("Force Majeure"). In no event shall a lack
of funds on the part of either Party be deemed Force Majeure.
Page 7 of 9
Page 279 of 991
3.23 Survival
All representations and warranties made herein, regarding indemnification obligations, obligations to reimburse CMB,
obligations to maintain and allow inspection and audit of records and property, obligations to maintain the confidentiality
of records, reporting requirements, and obligations to return public funds shall survive the termination of this Agreement.
3.24 Authority
Each person signing this Agreement on behalf of either Party individually warrants that he or she has full legal power to
execute this Agreement on behalf of the Party for whom he or she is signing, and to bind and obligate such Party with respect
to all provisions contained in this Agreement.
[Signature Page to Follow]
Page 8 of 9
Page 280 of 991
The Parties hereto have made and executed this Agreement on the date last signed below.
Approved as to Form and Legal Sufficiency:
School Board Attorney
Date:
Approved as to Form & Language &
For Execution:
City Attorney
THE SCHOOL BOARD OF MIAMI-DADE
COUNTY, FLORIDA:
By:
Jose L. Dotres
Superintendent of Schools or his Designee
Date:
ATTEST:
By:
Date:
THE CITY OF MIAMI BEACH:
By:
Alina T. Hudak, City Manager
Date:
ATTEST:
By:
Date:
Page 9 of 9
Rafael E. Granado, City Clerk
I
Page 281 of 991