Resolution 2018-30372RESOLUTION NO.
2018 -30372
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, APPROVING, IN SUBSTANTIAL FORM, AN
AGREEMENT BETWEEN THE CITY AND MIAMI -DADE COUNTY SCHOOL
BOARD, TO PROVIDE DUAL ENROLLMENT COURSES BY MIAMI DADE
COLLEGE FOR COLLEGE CREDIT FOR 8TH GRADE STUDENTS
ATTENDING NAUTILUS MIDDLE SCHOOL AND FIENBERG FISHER K -8
CENTER, AND FOR 9TH - 12TH GRADE STUDENTS ATTENDING MIAMI
BEACH SENIOR HIGH SCHOOL, COMMENCING FOR THE THIRD YEAR
OF THE PROGRAM (2018 -2019 SCHOOL YEAR), WITH ANNUAL
RENEWALS BY AGREEMENT OF THE PARTIES; AND APPROVING THE
CITY'S CONTRIBUTION TO THE PROGRAM, IN AN AMOUNT NOT
EXCEED $28,000 PER FISCAL YEAR, SUBJECT TO BUDGET
APPROPRIATION AND FUNDING APPROVAL BY THE CITY
COMMISSION FOR EACH FISCAL YEAR; AND FURTHER AUTHORIZING
THE CITY MANAGER TO EXECUTE THE FINAL AGREEMENT, SUBJECT
TO APPROVAL BY THE CITY ATTORNEY.
WHEREAS, the Education Compact with Miami -Dade County Public Schools (M- DCPS),
established on January 16, 2008 (Education Compact), includes the outcome to increase
academic support and achievement; and
WHEREAS, the Education Compact reflects the desire of the Miami Beach community
to support excellence in the City's public schools to improve educational opportunities for youth;
and
WHEREAS, the graduation rate at Miami Beach Senior High School (MBSH) in 2016
was 82.5 %, a 16.2% increase from 2011; and
WHEREAS, in order to increase academic support and achievement, the Education
Compact seeks to identify and pursue the implementation of best practices strategies to
increase the graduation rate at MBSHS; and
WHEREAS, dual enrollment is a program that allows eligible high school and middle
school students currently attending accredited Miami -Dade County public or private high
schools, or home schools, to enroll in a college course while attending high school or middle
school; and
WHEREAS, the credits that students earn in the dual enrollment program must be
applicable toward a high school diploma and a postsecondary educational title, such as a
college Associate, a Baccalaureate degree, or a Technical Certificate; and
WHEREAS, students in 8th, 9'h, 1091, 11`h and 12th grades that are enrolled in M -DCPS
are eligible to participate in dual enrollment programs and must meet specific criteria; and
WHEREAS, Miami Dade College (MDC) currently offers dual enrollment courses in
approximately 34 out of 53 high schools and two (2) middle schools across Miami -Dade County;
and
WHEREAS, due to state funding changes for dual enrollment courses in July 2013, M-
DCPS is responsible for reimbursing colleges for instructor and administrative fees; therefore,
limiting the number of courses offered due to available funding and credentialing limitations of
instructional school staff, and
WHEREAS, at the January 31, 2014 Miami Beach City Commission Retreat, the Key
Intended Outcomes (KIO) in the City's Strategic Plan were discussed and amendments to the
priority outcomes of the Mayor and City Commission were formally adopted on March 5, 2014
pursuant to Resolution No. 2014- 28525; and
WHEREAS, Resolution No. 2014 -28525 established the KIO to "Induce Public School
Accountability Mainly at Middle School", and Achieve K -12 educational excellence; and
WHEREAS, the City of Miami Beach has supported dual enrollment at Miami Beach
Senior High School since Spring, 2015 for 11t and 12th graders through Florida International
University, and since 2017 for 8th, 9th, and 10th graders through Miami -Dade College; and
WHEREAS, prior to the City providing this enhancement, dual enrollment was either not
offered by the high school or offered sporadically; and
WHEREAS, since the implementation of the program, in Spring of 2015, there was a
financial savings, in the amount of $731,341.17, to Miami Beach families for those children
choosing to enroll in dual enrollment courses based on 2017 -2018 Florida State tuition rates;
and
WHEREAS, dual enrollment courses save students and parents money, as dual
enrollment students are exempt from paying application, registration, tuition, laboratory, and
special fees if the classes taken are being used toward high school graduation; and
WHEREAS, at the July 6, 2016 Finance and Citywide Projects Committee (FCWPC)
meeting, the committee recommended accepting the enhancement request of $13,000 to
expand dual enrollment options at Nautilus Middle School and Miami Beach Senior High
School, through a partnership between the City, Miami Dade College, and Miami -Dade County
Public Schools via the Education Compact Fund; and
WHEREAS, at the July 13, 2016 City Commission meeting, a discussion, relating to the
expansion of dual enrollment options at Nautilus Middle School and Miami Beach Senior High
School, was referred to the Neighborhoods /Community Affairs Committee (NCAC);
WHEREAS, at its July 15, 2016 meeting, the NCAC unanimously recommended the
enhancement in the City's 2016 -2017 fiscal budget; and
WHEREAS, at its July 22, 2016 meeting, the FCWPC unanimously recommended
expanding the dual enrollment program; and
WHEREAS, on August 26, 2016, the Mayor and City Commission adopted Resolution
Number 2016 - 29537, accepting the recommendations of the FCWPC and the NCAC, and
authorizing the City to execute an agreement with Miami Dade College and M -DCPS, to provide
dual enrollment courses taught at Miami Beach Senior High School (the High School), for 9th
and 10`h grade students attending the High School, and at Nautilus Middle School (the Middle
School), for 8th grade students attending the Middle School and Fienberg Fisher K -8 Center
during the 2016 -17 school year; and
WHEREAS, on January 4, 2017, the City, Miami Dade County School Board and Miami
Dade College executed the agreement (Agreement) to provide these dual enrollment courses,
providing for a total City contribution of $13,000 in fiscal year 2016 -2017; and
WHEREAS, the Administration seeks to expand and revise the Agreement in order to
continue the program for the 2018 -2019 school year; and
WHEREAS, the Administration recommends expanding the program utilizing the City's
contribution of $28,000 for instructor salaries, with MDCPS contributing approximately $18,000
for textbooks, based on six (6) classes; and
WHEREAS, the Administration recommends that the Mayor and City Commission
approve, in substantial form, the Agreement, incorporated herein by reference and attached to
the City Commission Memorandum accompanying this Resolution, continuing the partnership
for the 2018 -2019 school year, with annual renewals, subject to budget appropriation and
funding approval by the City Commission for each fiscal year.
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 approve, in substantial form, an Agreement between the City and Miami
Dade County School Board, to provide dual enrollment courses by Miami Dade College for
college credit for 8th grade students attending Nautilus Middle School and Fienberg Fisher K -8
Center, and for 9t" to 12'" grade students attending Miami Beach Senior High School,
commencing for the third year of the program (2018 -2019 school year), with annual renewals by
agreement of the parties; and approve the City's contribution to the program, in an amount not
exceed $28,000 per fiscal year, subject to Budget appropriation and funding approval by the
City Commission for each fiscal year; and further authorize the City Manager to execute the final
agreement, subject to approval by the City Attorney.
PASSED AND ADOPTED this a day of July, 2018.
ATTEST:
Ra ael E. Granado
q )
ity CI
Dan Gelber, Mayor
144
r
INCORP 1ORATED.�
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2 �v
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION y
n j ZZ ItO
CNy Attorney th1 Dote
MIAMI BEACH
Resolutions - C7 C
COMMISSION MEMORANDUM
TO. Honorable Mayor and Members of the City Commission
FROM Jimmy L. Morales, City Manager
DATE: July 2.2018
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING, IN SUBSTANTIAL FORM, AN
AGREEMENT BETWEEN THE CITY AND MIAMI -DADE COUNTY SCHOOL
BOARD, TO PROVIDE DUAL ENROLLMENT COURSES BY MIAMI DADE
COLLEGE FOR COLLEGE CREDIT FOR 8TH GRADE STUDENTS ATTENDING
NAUTILUS MIDDLE SCHOOL AND FIENBERG FISHER K -8 CENTER, AND FOR
9TH - 12TH GRADE STUDENTS ATTENDING MIAMI BEACH SENIOR HIGH
SCHOOL COMMENCING FOR THE THIRD YEAR OF THE PROGRAM (2018 -2019
SCHOOL YEAR), WITH ANNUAL RENEWALS BYAGREEMENT OF THE PARTIES;
AND APPROVING THE CITY'S CONTRIBUTION TO THE PROGRAM, IN AN
AMOUNT NOT EXCEED $28,000 PER FISCAL YEAR, SUBJECT TO BUDGET
APPROPRIATION AND FUNDING APPROVAL BY THE CITY COMMISSION FOR
EACH FISCAL YEAR; AND FURTHER AUTHORIZING THE CITY MANAGER TO
EXECUTE THE FINAL AGREEMENT, SUBJECT TO APPROVAL BY THE CITY
ATTORNEY.
RECOMMENDATION
Accept the updated agreement with MDCPS to provide expand dual enrollment for students in
grades 8 through 10 to grades 8 through 12 in partnership with Miami -Dade County Public Schools
through Miami Dade College. Funding for this enhancement has been approved through the budget
process and is part of the FY 2018 budget.
ANALYSIS
The City of Miami Beach has partnered with Miami Dade County Public Schools and Miami Dade
College for two (2) years to increase dual enrollment offerings at Miami Beach Senior High School
and Nautilus Middle School for 8th 010th graders. The interest and success of students at our high
school and middle school in dual enrollment classes has resulted in a 170 percent increase in the
number of classes from the 2015 -16 to 2017 -18 school years. The chart below provides information
on the number of course and class sections available to students following the implementation of the
partnership with Florida International University in Fall 2014 and Fall 2016 with Miami Dade College,
as well as the financial savings to Miami Beach families for those children choosing to enroll in Dual
Enrollment classes offered at Miami Beach public schools funded by the City. Additionally, these
classes support class size reduction efforts.
Page 87 of 408
School Year
:-( DuU
Enrollment 1_igursF
Fat lass
ction- callable
." of
Students
P
Credit
Craig Coil
Savings to env
f3f Lliami _each
Families
Fall 2014
0
0
0
$ -
Spring 2015
'3
4
104
$ 216 55
$ 67,563 60
Fall 015
_
4
123
$ 216 5;
raii 79'.06.96
Sprirc 2016
4
138
3 216.55
$ 89,651 70
Fall 2016
4
6
125
3 218.53
$ 81 54875
Spann 2017
7
9
181
$ 213.53
3 11466179
Fall 20 7
7
12
217
$ 218.53
$ 14226.3303
Spring 2013
9
15
257
521853
5 163 436.53
Total
36
56
1,145
$ 748,482.45
Funding to support and expand the partnership in the 2017 -18 school years included a City
contribution of $49,910 for instructor salaries and MDCPS contribution of $56,880 for textbooks. Of
those provided, four(4) were offered by Miami Dade College for forty -three (43) students in grades 8
through 10.
The dual enrollment program at Miami Beach Senior High School and Nautilus Middle School allows
eligible students to enroll in a college course and high school class simultaneously. The credits the
students earn are used towards both a high school diploma and are acceptable towards a college
Associate or Bachelor degree, or technical certificate. The benefits of offering dual enrollment
courses to high school and middle school students include:
• Saves students and parents money, as dual enrollment students are exempt from paying
application, registration, tuition, laboratory, and special fees if the classes taken are being used
toward high school graduation
• Enriches the course opportunities for outstanding high school / middle school students
• Shortens the time to attain a college degree
• Provides students with college credit that is transferable to a college or university
• Allows grades earned to become part of the students' permanent transcripts
Dual enrollment course offerings include, but are not limited to, the following for the 2017 -18
school years:
• Introduction to Sociology
• Social Problems
• Social Environment
• Introduction to Entrepreneurship
• Introduction to Literature
• Teaching Diverse Populations
• American Government
• Criminal Justice
• Music Appreciation
• Introduction to Hospitality
• Principals of Business
• Writing in Rhetoric I
• Strategies for Success
CONCLUSION
The updated agreement directly with Miami Dade County Public Schools will allow for the expansion
Page 88 of 408
of the dual enrollment offerings with Miami -Dade College for students in grades 8 through 10 to
students in grades 8 through 12, and provide additional support to Miami Beach youth. Funding for
the 2018 -19 school year will remain $28,000 from the City of Miami Beach and has been allocated in
the FY 2018 budget with an approximate match of $18.000 for textbooks.
FINANCIAL INFORMATION
$28,000 allocated in FY 2018
Legislative Tracking
Organizational Development Performance In olives
ATTACHMENTS:
Description
❑ Agreement 18 -19
❑ Resolution
Page 89 of 408
AGREEMENT
THIS AGREEMENT is made and entered into as of this day of , 2018
(the "Effective Date, "), by and between
THE SCHOOL BOARD OF MIAMI DADE- COUNTY, FLORIDA
(hereafter referred to as "M- DCPS ")
a body corporate and political subdivision of the State of Florida,
whose principal place of business is
Office of Academics and Transformation
Division of Academies
1450 N.E. 2 "d Avenue
Miami, Florida 33132
and
THE CITY OF MIAMI BEACH, FLORIDA
(hereinafter referred to as "CMB ")
a body corporate and political subdivision of the State of Florida,
whose principal place of business is
1700 Convention Center Drive, Miami Beach, FL 33139
WHEREAS, to promote educational opportunities through the dual enrollment program in
Miami -Dade County, MDC and M -DCPS entered into the 2018 -2019 Dual Enrollment
Articulation Agreement (the "Articulation Agreement") on June, 2018, which is attached as
Exhibit A and incorporated herein by reference into this Agreement; and
WHEREAS, through this Agreement, in partnership with M -DCPS, CMB seeks to combine
its resources with M -DCPS and MDC in order to increase the competitiveness of the students
attending Miami Beach Senior high School by nurturing and supporting the dual enrollment
programs at Miami Beach Senior High School (the "High School ") and Nautilus Middle
School (the "Middle School "); and
WHEREAS, this Agreement provides the guidelines for CMB to financially support the dual
enrollment courses at the High School and the Middle School.
NOW, THEREFORE, in consideration of the promises and of the mutual covenants
contained herein, and other good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the Parties agree as follows:
Page 90 of 408
ARTICLE 1 -- RECITALS AND DEFINITIONS
1.01 Recitals. The Parties agree that the foregoing recitals are true and correct and that
such recitals are incorporated herein by reference. The provisions of this Agreement
are subject to the provisions of the Articulation Agreement.
1.02 Adjunct Instructor. The appointment and credentiali ng of instructional stallat the
High School and the Middle School shall he as provided pursuant to the Articulation
Agreement, except that pursuant to the Subsection 2.04 below, MDC and M -DCPS
shall permit the expansion of the applicant pool for Adjunct Instructor positions at
the Hieh School and Middle School to include High School Teachers or Middle
School Teachers, as applicable, CMB Residents and CMB Employees and in
accordance with the priority set forth in Subsection 2.04. Such persons receiving the
credential of Adjunct Instructor pursuant to this Agreement from MDC must adhere
to all MDC professional rules, guidelines, and expectations in accordance with the
Articulation Agreement, including, but not limited to, background screening
requirements.
1.03 CMB Emplovee(s). As referred to (herein, CMB Employee shall be defined as any
individual who is employed by CMB whether on a permanent, provisional, original
probationary, or other temporary status under the civil service regulations.
1.04 CMB Resident(sL As referred to herein, CM13 Resident shall be defined as any
person who has resided in the City of Miami Beach for longer than six consecutive
months. Proof of residency may be established by presenting two of the following
documents: a Florida driver's license, voter's registration, automobile registration, a
recorded deed, a lease for place of residence, a utility bill, and other similar
documents.
1.05 K -8 Center. Fienberg Fisher K -8 Center (the "K -8 Center "), a public school which
matriculates students from kindergarten to 81h grade, located at 1420 Washington
Avenue, Miami Beach, Florida 33139.
1.06 MDC Faculty. A full -time or part-time member of the teaching faculty of MDC.
1.07 High School. Miami Beach Senior High School (the "High School "), a secondary
school located at 2231 Prairie Avenue, Miami Beach, Florida 33139.
1.08 Middle School. Nautilus Middle School (the "Middle School "), a middle school
located at 4301 North Michigan Avenue, Miami Beach, Florida 33140.
Dual Enrollment Financial Support Agreement
Page 91 of 408
1.09 High School Teacher(s) and Middle School Teacher(s). A Miami -Dade
classroom teacher, as defined in Section 1012.01(2)(a), Florida Statutes, as may he
amended, who is employed on a full -time basis at Miami Beach Senior High School
or Nautilus Middle School.
ARTICLE 2 — SPECIAL CONDITIONS
2.01 Term of Agreement. The term of this Agreement shall begin on the Effective Date
and end on June 30, 2019, unless this Agreement is terminated or the Articulation Agreement
is terminated, whichever may occur first This Agreement may he renewed for additional
periods of time upon the mutual written consent of each Party to this Agreement and subject
to such terms and conditions as the Parties shall determine in writing.
In support of the objectives of this Agreement to expand the opportunities of the students of
the High School, Middle School, and K -8 Center by enhancing and expanding the existing
dual enrollment program at the High School and adding a dual enrollment program at the
Middle School, as a condition to renewing this Agreement for an additional period, CMB
may request that M -DCPS consider: 1) increasing the number of credenti aled High School
- leachers and Middle School Teachers; 2) increasing the number of dual enrollment courses
offered at the l ligh School and the Middle School; and/or 3) increasing the scope of course
subjects being offered at the High School and the Middle School.
2.02 Joint Responsibilities. M -DCPS and CMB shall maintain responsibility for
implementing the various components of this Agreement as delineated in this Agreement and
the Articulation Agreement.
2.03 MDC Courses offered on the High School and the Middle School Campuses.
CMB will provide financial support to M -DCPS, as set forth below, for eligible students to
engage in a rigorous curriculum at the High School and Middle School that integrates the
core academics necessary to a four (4) year degree and also count toward a high school
diploma. Priority registration will provided to 8i1' grade students attending the Middle
School and K -8 Center for classes taught at the Middle School, and to 9a1, 10 ", 11"' and 12111
students attending the High School for classes taught at the High School. MDCP -S agrees to
permit students enrolled at the High School, Middle School, and K -8 Center (or who
otherwise qualify pursuant to Section 1007.271, Florida Statutes) who meet the eligibility
requirements outlined in the Articulation Agreement, to dually enroll in MDC courses
offered at the High School or Middle School, as applicable. The dual enrollment course
offerings at the High School and Middle School shall be set forth in a Memorandum of
Understanding ( "School MOU ") signed by their respective school principals and the MDC
Dual Enrollment Financial Support Agreement
Page 92 of 408
Campus President, as stipulated in the Articulation Agreement. An exception to the School
MOU and this Agreement is that the Student Life Skills (SLS) course may not he offered on-
site at the High School or Middle School due to the lower entry requirements. Additionally,
only courses providing a minimum of three (3) credits per course will be funded by CMB.
Additionally, no courses that require a pre - requisite class may be offered, only general Dual
Enrollment classes with no pre- requisite class may be funded by the City.
M -DCPS agrees to permit eligible 8°i grade students attending the Middle School and K -8
Center to attend dual enrollment courses at the Middle School.
A. Marketing. M -DCPS, and the CMB will work collaboratively to market the
programs, provide staff development, transition students, evaluate courses, and
assess overall results.
B. Payment. The fees for the dual enrollment classes will be allocated as follows:
I. M -DCPS shall reimburse MDC for the provision of dual enrollment
courses at the High School and Middle School, at the rates and in the
manner stipulated in the Articulation Agreement.
2. M -DCPS shall invoice CMB to reimburse it for the provision of dual
enrollment courses at the High School and Middle School for students
attending MDC's dual enrollment courses. The total amount of
reimbursements paid by CMB to M -DCPS under this Agreement ( "CMB
Contributions "), shall he paid within thirty (30) days from receipt of a
detailed invoice from M -DCPS, setting forth the breakdown of the charges
and the number of registered students for each course CMB
Contributions shall not exceed S28,000.00, or the cost of six (6) three-
credit courses, whichever is less, in each fiscal year (from October I —
September 30). Funding for the ('MB Contributions for the 2018 -19
school year has been approved by CMB and incorporated into the CM13
2018 -19 fiscal year budget. 'I hereafter, funding For the CMB
Contributions shall be subject to budget appropriation and funding
approval by the City Commission for each fiscal year.
3. MDCP -S shall provide a copy of the invoice for the courses taught at the
High School and Middle School each semester /term to CMB, upon
CMB's request.
4. Regardless of the amount of or the tuning of payment of CMB
Contributions, M -DCPS shall remain liable for reimbursing MDC for the
provision of dual enrollment courses at the High School and Middle
School, in accordance with the terms of this Agreement and in accordance
4 Dual Enrollment Financial Support Agreement
Page 93 of 408
with the Articulation Agreement in the event CMR funding is not
sufficient or available.
5. CMR is not responsible for paying any costs or additional fees to MDC or
M -DCPS for dual enrollment courses provided at the High School and
Middle School by High School Teachers or Middle School Teachers, M-
DCPS is responsible for material and supply costs in accordance with the
Articulation Agreement.
6. It is anticipated that the cost for the student instructional material costs
will be 518,00 for Fall, 2018 and Spring, 2019, based upon 150 enrolled
students in six (6) dual enrollment classes. Actual costs will be based on
the actual cost for the classes and instructional materials.
2.04 Teacher Credentialing for High School Teachers or Middle School Teachers.
CMR Employees, or CMB Residents. In order to increase the pool of qualified teachers at
the High School and Middle School, qualified High School Teachers or Middle School
Teachers, as applicable, CMB residents and CM13 employees may become credentialed as
Adjunct Instructors by MDC in accordance with the provisions of this Agreement and the
Articulation Agreement. Adjunct Instructors must adhere to all MDC professional rules,
guidelines, and expectations in accordance with the Articulation Agreement, including
background screening requirements. As provided in this Agreement, the credentialing of
Adjunct Instructors is at MDC's sole discretion. The principal of the High School or Middle
School shall be responsible for selecting credentialed Adjunct Instructors.
2.05 Policies and Procedures at the High School and Middle School. Prior to
commencing any class at the High School or Middle School, an Adjunct Instructor shall meet
with the principal of the high School or Middle School, as applicable to discuss and
acknowledge any site specific policies and procedures of the High School or Middle School,
with which the Adjunct Instructor must comply including, without limitation. the Miami -
Dade County public school attendance policies and procedures.
2.06 Course Selection and Scheduling. The High School or Middle School principal shall
select the dual enrollment courses to he taught at the High School or Middle School, as
applicable. provided that the courses are selected from the dual enrollment courses identified
in the Articulation Agreement, and the selected courses are do not require a prerequisite
course. The High School is responsible for ensuring that the student placement variables are
provided to Miami Dade College prior to scheduling the dual enrollment course. These
variables include identifying qualified students and providing the Adjunct Instructor with the
class schedule. The dual enrollment courses shall be accessible to all university /college
eligible students and may not be restricted to students enrolled in a specific high school
academy or program at the High School. The Adjunct Instructor shall strictly adhere to the
5 Dual Enrollment Financial Support Agreement
Page 94 of 408
2018 -2019 Miami -Dade County Public Schools calendar and schedule, a copy of which is
attached hereto as Exhibit B. The Adjunct Instructor shall provide instruction every available
school day for the fall semester, from August 20, 2018 through January 17, 2019, and for the
sprinu semester, from January 22, 2019 through June 6, 2019.
2.07 Notice. When any of the Parties desire to give notice to the other, such notice must he
in writing, sent by O.S. Mail, postage prepaid, addressed to the representatives designated
below by each Party (unless changed by written notice in compliance with the provisions of
this paragraph):
To M -DCPS:
With a copy to:
And a copy to:
To CMB:
With a copy to:
Alberto M. Carvalho
Superintendent of Schools
Miami -Dade County Public Schools
1450 N.E. 2 "d Avenue, Suite 912
Miami, Florida, 33131
Ms. Lisette M. Alves
Assistant Superintendent
Office of Academics and Transformation
Division of Academics
Miami -Dade County Public Schools
1501 N.E. 2 "d Avenue, Suite 327 -K
Miami, Florida, 33131
Walter Harvey
School Board Attorney
Miami -Dade County Public Schools
1450 N.E. 2nd Avenue, Suite 430
Miami, Florida, 33131
Jimmy. Morales
City Manager
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Dr. Leslie Rosenfeld
Chief Learning Development Officer
City of Miami Beach
1700 Convention Center Drive
6 Dual Enrollment Financial Support Agreement
Page 95 of 408
And a copy to:
Miami Reach, Florida 33139
Raul Aquila
City Attorney
City of Miami Beach
1700 Convention Center Drive -4°i Floor
Miami Reach, Florida 33139
ARTICLE 3 — GENERAL CONDITIONS
3.01 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. No Party, nor its respective agents, employees, subcontractors or assignees, shall
represent to others that it has the authority to bind any other Party unless specifically
authorized in writing to do so. No employee of one Party has the right to the retirement,
leave benefits, or any other benefits that may exist I'm the employees of another Party as a
result of the performance of any duties or responsibilities under this Agreement. No Party
shall be responsible for social security, withholding taxes, contributions to unemployment
compensation funds or insurance for any other Party or their respective officers, employees,
agents, subcontractors or assignees.
3.02 Default, Termination and Suspension. If any Party defaults under the terms and
conditions of this Agreement, and such default is not cured by such Party within thirty (30)
days after receipt of written notice thereof, then the other Parties shall be entitled to pursue
any and all remedies available at law or in equity. Any Party may terminate this Agreement
upon thirty (30) days' prior written notice to the other Parties, for default.
Each Party reserves the right to terminate this Agreement at any time and for any reason,
upon giving thirty (30) days' prior written notice to the other Parties.
1. If said Agreement should be terminated for convenience by M -DCPS as
provide herein, M -DCPS shall only be required to pay MDC for the
amount for services performed prior to termination of the Agreement and
shall be relieved of all obligations under this Agreement. Accordingly.
CMB shall only he required to pay M -DCPS for the amount of services
performed, subject to the provisions of Section 2.03(B).
2. If said Agreement should be terminated for convenience by the CMB as
provide herein, CMB shall be required to pay the M -DCPS for the dual
enrollment three - credit courses taught through the end of the Spring 2019
semester, and CMB shall be relieved of all obligations under this
Dual Enrollment Financial Support Agreement
Page 96 of 408
Agreement once the seinester courses have been completed and classes
have concluded.
Upon receipt of a notice of termination, the nonterminating Parties shall cease incurring
additional obligations under this Agreement. t lowever, the terminating Party shall allow the
nonterminating Parties to incur all necessary and proper costs which the nonterminating Party
cannot reasonably avoid during the termination process.
3.03 Annual Appropriation. The performance and obligations of all Parties under this
Agreement shall he contingent upon an annual budgetary appropriation by their respective
governing bodies and, in the ease of M -DCPS, the allocation of funds for schools and state
colleges by the State of Florida. If any Party's annual budgetary appropriation or allocation
of funds to fulfill its obligations pursuant to this Agreement is insufficient, this Agreement
may be terminated by that Party at the end of the period for which funds have been
appropriated or allocated. That Party shall notify the other Parties at the earliest possible
time befbre such termination.
3.04 Excess Funds. If M -DCPS determines that pursuant to this Agreement it erroneously
received or was overpaid funds from M -DCPS or CMB, respectively, then the recipient of
such funds agrees to promptly notify M -DPCS or CMB, respectively, upon the discovery of
such erroneous payment or overpayment. Any such excess funds shall be refunded to M-
DCPS or CMB, as applicable.
3.05 Public Records. Pursuant to Section 119.0701, Florida Statutes, any Party
contracting with M -DCPS, MDC, or CMB is required to: (a) keep and maintain available for
public inspection any records that pertain to services rendered under this Agreement for a
period of five (5) years; (h) provide such public records and at a cost in accordance with
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, transfer records, at no cost, to M -DCPS, or CMB, as applicable, and destroy any
duplicate public records that are exempt or confidential and exempt from public records
disclosure requirements in accordance with State of Florida records retention law and
regulations. Each Party shall be responsible for compliance with any public records 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 do not constitute trade secrets.
IF MDCP -S OR CMB HAVE QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
PROVIDER'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO
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THIS CONTRACT, CONTACT THE M—DCPS CUSTODIAN OF PUBLIC
RECORDS AI`. 305- 995 -1128, prr(adadeschools.net, and 1450 N.E. 2 "a
Avenue, Miami, Florida 33132; OR THE CMH CUSTODIAN OF PUBLIC
RECORDS AT:
CITY OF MIAMI BEACH
ATTENTION: CITY CLERK
1700 CONVENTION CENTER DRIVE
MIAMI 13EACH, FLORIDA, 33139
E -MAIL: RAFAELGRANADOmMIAMIBEACFIFL.GOV
PHONE: 305-673-7411
3.06 Student Records. it is the Parties understanding that CMB shall not have access to
student records. However, if CMB does have access to student records, it shall agree to
comply with all applicable federal and state laws and regulations and M -DCPS policies and
procedures regarding the confidentiality, maintenance and disclosure of such records.
M -DCPS agree to follow the terms and conditions far this provision already in place for the
Articulation Agreement.
3.07 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 he 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, each Parties'
indemnification herein is subject to applicable laws, including, but not limited to, Section
768.28, Florida Statutes, as may be amended, 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 as it 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
perfomhance 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.
3.08 Place of Performance. Students enrolled pursuant to this Agreement will attend
classes at the High School or Middle School, as appropriate.
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3.09 Governing Law and Venue. Each Petty shall comply with all applicable federal
and state laws, codes, rules and regulations in performing its duties, responsibilities and
obligations pursuant to this Agreement. This Agreement shall he construed in accordance
with the Laws of the State of Florida. The venue for any dispute with respect to this
Agreement shall be in Miami -Dade County, Florida. M -DCPS, and CMB shall be
responsible for their respective attorney's fees and costs incurred as a result or any action or
proceeding under this Agreement.
3.10 Entirety of Agreement. This Agreement incorporates and includes all prior
negotiations, correspondence, conversations, agreements and understandings applicable to
the matters contained herein and the Parties agree that there are no commitments, agreements
or understandings concerning the subject matter of this Agreement that are not contained in
this Agreement. Accordingly, the Parties agree that no deviation from the terms hereof shall
be predicated upon any prior representations or agreements, whether oral or written.
3.11 Binding Effect. The terms, conditions, and covenants of this Agreement shall inure
to the benefit of and he binding upon M -DCPS and CMB hereto and their successors and
assigns.
3.12 Assignment. Neither M -DCPS nor CMB shall assign, sublet, pledge, surrender,
transfer, or otherwise encumber or dispose of this Agreement, or any interest it may have
hereunder, without prior written consent of the other parties to this Agreement, which
consent may be withheld by M -DCPS or CMB, respectively, in their sole discretion.
3.13 Incorporation by Reference. Appendix A, attached hereto and referenced herein,
shall he deemed to be incorporated into this Agreement by reference.
3.14 Captions. The titles or headings of sections in this Agreement arc for convenience of
reference only and shall not affect the construction of any provision of this Agreement.
3.15 Severability. Should any provision or part of any provision of this Agreement be
found to be illegal, invalid, legally unenforceable, and /or against public policy, such that the
material provisions of this Agreement (e.g. the provision of dual enrollment courses at the
High School or Middle School or the payment for the dual enrollment courses), are not
affected thereby, such enforceability shall not prevent enforcement of the remaining
provisions or parts of the Agreement. If any material provision of this Agreement is found to
be illegal, invalid, legally unenforceable or against public policy, then the entire Agreement
is voidable at the option of any Party.
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3.16 Preparation of Agreement. The Parties acknowledge that they have sought and
obtained whatever competent advice and counsel as was necessary for them to forma lull
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 this resulting Agreement shall not, solely as a matter of judicial
construction, he construed more severely against one of the Parties than the other.
3.17 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 formality as this Agreement and executed by each Party hereto. The City Manager of
the City of Miami Beach, Florida, on behalf of CMB, shall be authorized to execute any
amendment or extension of this Agreement. The Superintendent of Schools or his Designee
of the School Board of Miami -Dade County, on behalf of M -DCPS, shall be authorized to
execute any amendment or extension of this Agreement.
3.18 waiver. There shall be no waiver of the right of any Party to demand performance
of any of the provisions, terms and covenants of this Agreement nor shall there he a waiver
of any breach, default or nonperformance hereof by any Party, unless such waiver is
explicitly made in writing by the such Party.
3.19 Force Majeure. No fault, delay, or failure to perform on the part of any Party to this
Agreement shall be considered a default, delay or failure to perform, if such a default, delay
or failure to perform is due to causes beyond the Party's reasonable control (e.g., hurricane
and other acts of God, war, terrorist attacks). In the event of such default, delay, or failure to
perform, the performance of the provisions contained herein will be extended upon mutual
agreement of all Parties.
3.20 Survival. All representations and warranties made herein, regarding indemnification
obligations, obligations to reimburse M -DCPS or 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.
3.21 Conflict. 11 there is a conflict between the provisions of the Articulation Agreement
and this Agreement, the provisions of the Articulation Agreement shall control. This
Agreement may be modified by the Parties to comply with any applicable statutory
requirement of the State of Florida or the State of Florida Department of Education, as may
be applicable.
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3.22 Authority. Each person signing this Agreement on behalf of each 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 hind and obligate such Party with respect to all
provisions contained in this Agreement.
The Parties hereto have made and executed this Agreement on the date last signed below.
(The remainder of this page has been intentionally left blank)
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FOR THE SCHOOL BOARD OF MIAMI -DADE COUNTY:
TILE SCIIOOL BOARD OF MIAMI -DADS
COUNTY, MIAMI, FLORIDA:
By:
Alberto M. Carvalho
Superintendent of Schools or his Designee
Date:
ATTEST:
By:
Marie Izquicrdo
Chief Academic Officer
Office of Academics and Transformation
Date:
Approved as to Fomt and Legal Content:
School Board Attorney
Date:
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FOR TIIF: CITY OF MIAMI BEACH:
THE CITY OF MIAMI BEACH:
By:
Timmy L. Morales, City Manager
Date:
ATTEST:
Ry:
Rafael E. Granath), City Clerk
Date:
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Exhibit A
2018 -2019 Dual Enrollment Articulation Agreement
(the "Articulation Agreement')
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