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2014-28869 ResoRESOLUTION NO. 2014-28869 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE CITY, THE SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA, AND FLORIDA INTERNATIONAL UNIVERSITY; SAID AGREEMENT PROVIDING FOR THE ENHANCEMENT OF THE DUAL ENROLLMENT PROGRAM AT MIAMI BEACH SENIOR HIGH SCHOOL, IN AN AMOUNT NOT TO EXCEED $20,000 PER FISCAL YEAR, FOR AN INITIAL TWO YEAR TERM, WITH SUBSEQUENT ONE YEAR EXTENSIONS, CONTINGENT UPON BUDGET APPROPRIATIONS. WHEREAS, the Education Compact ("Education Compact") with Miami -Dade County Public Schools (M-DCPS), established on January 16, 2008, 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 its youth; and WHEREAS, at the January 31, 2014 Commission Retreat, the City's Key Intended Outcomes (KIO) in the Strategic Plan were updated to reflect the priority outcomes of the Mayor and Commission, and was formally adopted on March 5, 2014 pursuant to Resolution No. 2014- 28525; and WHEREAS, On May 21,2014, the City Commission adopted Resolution No. 2014- 28525, which supports the KIO to Achieve Educational (K-12) Excellence; and WHEREAS, the graduation rate at Miami Beach Senior High School in 2013 was 79.4%, which is a 16.7% increase from 2010; when the overall Miami -Dade County Public Schools (M- DCPS) graduation rates improved to 77.2% in 2013, which is a 13.0% increase from 2010; and WHEREAS, M-DCPS climate survey data for the 2012-13 school year reflects that 74% of parents and 91% of staff agree or strongly agree that children are receiving a good education at Miami Beach Senior High School, which is an 8.6% and 3.0% decline respectively when compared to the 2010-11 school year; and 54% of students agree or strongly agree that they are receiving a good education, which is a 1.7% increase from the 2010-11 school year; and WHEREAS, the Education Compact supports an activity to increase academic support and achievement in order to identify and pursue the implementation of best practices strategies which will increase the graduation rate at Miami Beach Senior High School (MBSH); and WHEREAS, dual enrollment is a program (Dual Enrollment Program) that allows eligible high school students currently attending accredited Miami -Dade County public or private high schools, or home schools, to enroll in a college course and high school course simultaneously. The credits that students earn must be used toward both a high school diploma and are acceptable towards a college Associate or Baccalaureate degree, or Technical Certificate; and WHEREAS, the Dual Enrollment Program provides MBSH students with the ability to increase their grade point average (GPA) andtherefore enhance their competitiveness in the college application process; and further provides an opportunity to secure college credits at no expense to the MBSH students or their parents; and WHEREAS, students in the 10th, 11th, or 12th grades that are enrolled in M-DCPS are eligible to participate in the Dual Enrollment Programs and must meet specific criteria; and WHEREAS, Florida International University (FIU) currently offers 116 dual enrollment courses in approximately 34 out of 53 high schools across Miami -Dade County; and WHEREAS, due to state funding changes for dual enrollment courses in July 2013, individual high schools are responsible for reimbursing colleges for instructor and administrative fees. As such, the number of courses offered is limited due to available funding, along with credentialing limitations of instructional school staff; and WHEREAS, on May 21, 2014, the City commission adopted Resolution No. 2014-28601, authorizing the City Manager to execute a Memorandum of Understanding with FIU, authorizing the City to contribute $5,000 per Dual Enrollment course taught at MBSH by eligible City employees and/or City residents, solely, in an amount not to exceed $20,000 per fiscal year, with the goal of increasing the number of dual enrollment courses taught at Miami Beach Senior High School; and WHEREAS, to increase eligibility options, the Administration proposes to enter into an interlocal agreement (Agreement) with MDCPS and FIU, providing for the City to fund the administrative fee in the amount of $1,500 per course, per semester, for credentialed Miami Beach Senior High teachers; and fund salary and benefits, in the amount of approximately $5,300 per class, per semester, for eligible and credentialed FIU adjunct instructors, City staff, and Miami Beach residents; all in an amount not to exceed $20,000 per fiscal year; and which Agreement shall prioritize the hiring of a Miami Beach Senior High School teacher, above the other categories of instructors, in an effort to maximize the benefit of the City's contribution to the MBSH dual enrollment program; and WHEREAS, the Administration recommends that the City execute the Agreement, for an initial term of two years, for fiscal years 2014-2015 and 2015-2016, with possible one year extensions thereafter, subject to funding approval; which Agreement incentivizes the hiring of a Miami Beach Senior High School teacher, in an effort to continue to expand the MBSHS dual enrollment program; and further recommends authorizing the City Manager to execute said Agreement. 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 authorize the City Manager to execute an interlocal agreement between the City, the School Board of Miami -Dade County, Florida, and Florida International University, substantially in the form of Exhibit "1", attached hereto and incorporated herein by reference; said Agreement providing for the enhancement of the dual enrollment program at Miami Beach Senior High School, in an amount not to exceed $20,000 per fiscal year, for an initial two year term, with subsequent one year extensions, contingent upon budget appropriations. PASSED AND ADOPTED this 17 day of December, 2014. ATTEST: Rafael E. dranado, City Clerk APPROVED AS TO FORM & LANGUAGE & FOR E ECUTION \-()5-161 City Attom - Dote COMMISSION ITEM SUMMARY Condensed Title: A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Authorizing The City Manager To Execute An Interlocal Agreement Between The City, The School Board Of Miami -Dade County, Florida And Florida International University; Said Agreement Providing For The Enhancement Of The Dual Enrollment Program At Miami Beach Senior High School, In An Amount Not To Exceed $20,000 Per Fiscal Year, For An Initial Two Year Term, With Subsequent One Year Extensions, Contingent Upon Budget Appropriations. Key Intended Outcome Supported: Achieve Educational (K-12) Excellence Supporting Data (Surveys, Environmental Scan, etc.): The graduation rate at Miami Beach Senior High School at 79.4 percent in 2013, is a 16.7 percent increase from 2010; however, overall M-DCPS graduation rates improved to 77.2 percent in 2013, a 13.0 percent increase from 2010. M-DCPS climate survey data for 2012-13 school year reflects 74 percent of parents and 91 percent of staff agree or strongly agree that children are receiving a good education at Miami Beach Senior High School, a 8.6 percent and 3.0 percent decline respectively when compared to the 2010-11 school year, and 54 percent of students agree or strongly agree that they are receiving a good education, a 1.7 percent increase from the 2010-11 school year. Item Summary/Recommendation: The Education Compact with Miami -Dade County Public Schools (M-DCPS), established on January 16, 2008, includes the outcome to increase academic support and achievement. An activity included in the Education Compact is to identify and pursue the implementation of best practice strategies to increase the graduation rate at Miami Beach Senior High School (MBSH). Dual Enrollment is a program that allows eligible high school students currently attending accredited Miami Dade County public or private high schools, or home school to enroll in a college course and high school course simultaneously. The credits that students earn must be used toward both a high school graduation and are acceptable toward a college Associate or Baccalaureate degree, or Technical Certificate. Students in the 10th, 11th, or 12th grade that are enrolled in M-DCPS are eligible to participate in the Dual Enrollment programs and must meet specific criteria. Miami Beach Senior High School is currently offering three (3) dual enrollment classes for the 2013-14 school year. Florida International University (FIU) currently offers 116 dual enrollment courses in approximately 34 out of 53 high schools across Miami Dade County. Due to state funding changes for dual enrollment courses in July 2013, individual high schools are responsible for reimbursing colleges for instructor and administrative fees. As such, the number of courses offered is limited due to available funding, along with credentialing limitations of instructional school staff. On May 21, 2014, the City commission adopted Resolution No. 2014-28601, authorizing the City Manager to execute a Memorandum of Understanding with FIU, authorizing the City to contribute $5,000 per Dual Enrollment course taught at MBSH by eligible City employees and/or City residents. Following a meeting with MDCPS to increase eligibility options, the Administration proposes to enter into an interlocal agreement with MDCPS and FIU, providing for the City to fund the administrative fees, in the amount of $1,500 per course, per semester, for credentialed Miami Beach Senior High teachers; and fund salary and benefits, in the amount of approximately $5,300 per class, per semester, for eligible and credentialed FIU adjunct instructors, City staff, and Miami Beach residents not to exceed $20,000 per fiscal year for an initial term of two years, with possible one year extensions subject to funding approval. Advisory Board Recommendation: N/A Financial Information: Source of Funds: OBPI 1 Total Financial Impact Summary: City Clerk's Office Dr. Leslie Rosenfeld Sign -Offs: Department Director Amount $20,000 $20,000 Lislative Tracking: Account 177-6881-000343 Assistant 'ty Manager Ci Manager KGB ! JLM V1 MIAMIBEACH AGE [1D� ITEM G 7 E DATE 1 —/ 7—/t/ A1111111h b. r M1AMBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Philip Levine and Members of the City dommission FROM: Jimmy L. Morales, City Manager DATE: December 17, 2014 SUBJECT: A RESOLUTION OF .THE MAYOR ND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AU HORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE CITY, THE SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA AND FLORIDA INTERNATIONAL UNIVERSITY; SAID AGREEMENT PROVIDING FOR THE ENHANCEMENT OF THE DUAL ENROLLMENT PROGRAM AT MIAMI BEACH SENIOR HIGH SCHOOL, IN AN AMOUNT NOT TO EXCEED $20,000 PER FISCAL YEAR, FOR AN INITIAL TWO YEAR TERM, WITH SUBSEQUENT ONE YEAR EXTENSIONS, CONTINGENT UPON BUDGET APPROPRIATIONS. ADMINISTRATION RECOMMENDATION Adopt the Resolution KEY INTENDED OUTCOME SUPPORTED Achieve Education (K-12) Excellence BACKGROUND The Education Compact with Miami -Dade County Public Schools (M-DCPS), established on January 16, 2008, includes the outcome to increase academic support and achievement. Since the Education Compact implementation, the City of Miami Beach has collaborated with M-DCPS to improve educational opportunities for youth. At the January 31, 2014 Commission Retreat, the City's Key Intended Outcomes (KIO) in the Strategic Plan was updated to reflect the priority outcomes of the Mayor and Commission, and was formally adopted on March 5, 2014 per Resolution No. 2014- 28525. This Resolution supports the KIO to Achieve Educational (K-12) Excellence. The graduation rate at Miami Beach Senior High School at 79.4 percent in 2013, is a 16.7 percent increase from 2010; however, overall M-DCPS graduation rates improved to 77.2 percent in 2013, a 13.0 percent increase from 2010. M-DCPS climate survey data for the 2012-13 school year reflects 74 percent of parents and 91 percent of staff agree or strongly agree that children are receiving a good education at Miami Beach Senior High School, a 8.6 percent and 3.0 percent decline respectively when compared to the 2010-11 school year, and 54 percent of students agree or strongly agree that they are receiving a good education, a 1.7 percent increase from the 2010-11 school year. Commission Memorandum December 17, 2014 Dual Enrollment Miami Beach Senior High School Page 2 of 3 An activity included in the Education Compact to increase academic support and achievement is to identify and pursue the implementation of best practice strategies to increase the graduation rate at Miami Beach Senior High School (MBSH). Dual Enrollment programs enrich the course opportunities for outstanding high school students and saves students and parents money. The Dual Enrollment Program provides MBSH students with the ability to increase their grade point average (GPA) and therefore enhance their competitiveness in the college application process; and further provides an opportunity to secure college credits at no expense to the MBSH students or their parents. The credits that students earn must be used toward both a high school diploma and are acceptable towards a college Associate or Baccalaureate degree, or Technical Certificate. The benefits of offering dual enrolment classes to high school students include: • Enriches the course opportunities for outstanding high school students • Shortens the time to attain a college degree • Saves students and parents money, as dual enrollment students are exempt from paying application, registration, tuition, laboratory, and special fees if the class(es) taken are being used toward high school graduation • Provides students with college credit that is transferable to a college or university • Grades earned through dual enrollment will become part of the students' permanent high school and college transcripts Students in the 10th, 11th, or 12th grades that are enrolled in M-DCPS are eligible to participate in the Dual Enrollment programs and must meet the following criteria: • A minimum 3.0 high school unweighted grade point average (GPA) • Passed the appropriate sections of the College's Basic Skills Assessment Tests (PERT or CPT), or submitted adequate SAT/ACT scores, or submitted adequate FCAT scores. • Permission from the parent/guardian, high school principal and counselor • Met with the College Dual Enrollment Coordinator at the Campus he/she plans to attend • An understanding that the amount of work necessary to succeed in dual enrollment courses will be greater than in high school courses and must earn a grade of "C" or higher in their college -level courses to continue participation. Students whose College GPA falls below 2.0 are ineligible to continue dual enrollment. Miami Beach Senior High School is currently offering no dual enrollment classes for the 2014-15 school year. Florida International University (FIU) currently offers 116 dual enrollment courses in approximately 34 out of 53 high schools across Miami Dade County. Due to legislative changes (Senate Bill 1514), funding for the dual enrollment program changed, effective July 1, 2013. As such, the number of courses offered is limited due to available funding, along with credentialing limitations of instructional school staff. Commission Memorandum December 17, 2014 Dual Enrollment Miami Beach Senior High School Page 3 of 3 On May 21, 2014, the City commission adopted Resolution No. 2014-28601, authorizing the City Manager to execute a Memorandum of Understanding with FIU, authorizing the City to contribute $5,000 per Dual Enrollment course taught at MBSH by eligible City employees and/or City residents, solely, in an amount not to exceed $20,000 per fiscal year, with the goal of increasing the number of dual enrollment courses taught at Miami Beach Senior High School. Subsequently, a meeting was held with M-DCPS to discuss the option to increase eligibility. The Administration proposes to enter into an interlocal agreement (Agreement) with M-DCPS and FIU, providing for the City to fund the administrative fee in the amount of $1,500 per course, per semester, for credentialed Miami Beach Senior High teachers; and fund salary and benefits, in the amount of approximately $5,300 per class, per semester, for eligible and credentialed FIU adjunct instructors, City staff, and Miami Beach residents; all in an amount not to exceed $20,000 per fiscal year. The agreement will prioritize the hiring of a Miami Beach Senior High School teachers, above the other categories of instructors, in an effort to maximize the benefit of the City's contribution to the MBSH dual enrollment program. The Administration recommends that the City execute the Agreement for an initial term of two years, for fiscal years 2014-2015 and 2015-2016, with possible one-year extensions thereafter, subject to funding approval. The Agreement incentivizes the hiring of a Miami Beach Senior High School teachers. CONCLUSION The Administration recommends the approval of this Resolution. This approval will assist the Department in accomplishing its measurable objectives linked to the City's Key Intended Outcome to Achieve Educational (K-12) Excellence. G B/L INTERLOCAL AGREEMENT THIS INTERLOCAL AGREEMENT (Agreement) is made and entered into as of this 2014 (the Effective Date, which shall be the date this Agreement is fully executed), by and between THE SCHOOL BOARD OF MIAMI DADE-COUNTY, MIAMI, FLORDIA (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 Academic Support 1450 N.E. 2nd Avenue Miami, Florida 33132 And THE CITY OF MIAMI BEACH, MIAMI, 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 And THE FLORIDA INTERNATIONAL UNIVERSITY BOARD OF TRUSTEES, MIAMI, FLORIDA (hereinafter referred to as FIU) a member of the State University System of Florida, whose principal place of business is Undergraduate Education Modesto A. Maidique Campus 11200 S.W. 8th Street, PC 245, Miami, Florida 33199 WHEREAS, FIU, M-DCPS and CMB are encouraged to enter into interlocal agreements to promote educational opportunities through the Dual Enrollment Program at Miami Beach Senior High School; and Exhibit "1" 1 WHEREAS, accelerated mechanisms include programs whereby eligible home education, public and non-public high school students are permitted to enroll in a postsecondary course creditable toward a high school diploma and a vocational/technical certificate, or an associate or baccalaureate degree; and WHEREAS, FIU, M-DCPS and CMB offer courses which will enhance accelerated learning opportunities, including dual enrollment, for qualified Miami Beach Senior High School students; and WHEREAS, through this Agreement, in partnership with M-DCPS and FIU, CMB seeks to combine its resources with M-DCPS and FIU in order to increase the competitiveness of the students of Miami Beach Senior High School by enhancing and supporting the Miami Beach Senior High School's Dual Enrollment Program; and WHEREAS, according to Section 1007.271, Florida Statutes, school districts may not deny dual enrollment participation to students who meet statutory eligibility requirements and any additional college readiness requirements established by the post -secondary institution in this Agreement; and WHEREAS, a student who is enrolled in dual enrollment via a state university is exempt from the payment of tuition and fees, pursuant to Section 1009.25, Florida Statutes, and the fee exemption includes application, registration, tuition, and laboratory fees for courses taken through dual enrollment. NOW, THEREFORE, in consideration of the premises 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: 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. 1.02 CMB Emplovee(s): As referred to herein, CMB Employee shall be defined as any member of the CMB Commission, officer, department head, regular employees in the legal department employed on a full-time basis, servant or agent of CMB regularly receiving compensation from CMB for personal services; except, unless otherwise qualified, members of boards or commissions, officers and employees who receive no salary or a nominal salary, contractual employees or persons who are employed on a provisional, original probationary or other temporary status under civil service regulations. 2 1.03 CMB Resident(s): As referred to herein, CMB 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 driver's license, voter's registration, automobile registration, a recorded deed, a lease for place of residence, a utility bill and other similar documents. 1.04 Class(es): the scheduling of more than one offering of the same Dual Enrollment Course during the same semester, on separate dates and/or times. 1.05 Courtesy Appointment Lecturer(s)(s): a Miami -Dade Classroom teacher, as defined in Section 1012.01(2)(a), Florida Statutes, who is employed on a fulltime basis at Miami Beach Senior High School (Miami Beach Senior High School Teacher), who is credentialed by FIU, pursuant to subsection 2.14(C) herein, to teach Dual Enrollment Courses at Miami Beach Senior High School as a courtesy lecturer. 1.06 Dual Enrollment Course(s)/Program(s): Dual Enrollment is a program (Dual Enrollment Program) that allows an eligible high school student currently attending an accredited Miami -Dade County public or private high school, or home school, to enroll in a college course, creditable toward high school completion and a career certificate or an association or baccalaureate degree (Dual Enrollment Course(s)). A list of the Dual Enrollment Courses which could be offered during the 2014-2015 or 2015-2016 school year are set forth in Appendix A. 1.07 FIU Adjunct Instructor(s): instructional staff who will serve as a courtesy lecturer for Dual Enrollment Courses at Miami Beach Senior High School. The FIU Adjunct Instructor will be credentialed by FIU, pursuant to the subsection 2.14 (C) herein, and could be an FIU Professor, a CMB Resident or a CMB Employee (excludes a Courtesy Appointment Lecturer). 1.08 FIU Professor(s): a fulltime or part-time member of the teaching faculty of FIU. 1.09 Florida International University (FIU): a member of the State University System of Florida, with the principal place of business at 11200 S.W. 8th Street, PC 245, Miami, Florida 33199. 1.10 Miami Beach Senior High School (the High School): a secondary school located in Miami -Dade County, Florida, at 2231 Prairie Avenue, Miami Beach, Florida 33139. 3 ARTICLE 2 — SPECIAL CONDITIONS 2.01 Term of Agreement. The term of this Agreement shall be effective as of the last date signed by all Parties through the 15th of June, 2016, unless the Agreement is terminated earlier pursuant to Section 3.05 of this Agreement. The Agreement may be renewed for additional periods of time upon the mutual written consent of the Parties and subject to such terms and conditions as the Parties shall determine in writing. Such extension would require the amendment of the Agreement to incorporate eligibility criteria and requirements. Any amendment would require the approval of authorities of M-DCPS, CMB and FIU. In support of the objective of this Agreement, to expand the opportunities of the students of Miami Beach Senior High School students by enhancing and expanding the existing dual enrollment program at the High School, as a condition to renewing this Agreement for an additional period, CMB may require that M-DCPS and FIU meet additional benchmarks, including, but not limited to: 1. increasing the number of credentialed Miami Beach Senior High School Teachers; 2. increasing the number of dual enrollment courses offered at Miami Beach Senior High School; and/or 3. increasing the scope of subjects being offered at Miami Beach Senior High School. 2.02 Dual Enrollment Courses. To meet the Southern Association of Colleges and Schools' Commission on Colleges' (SACSCOC) standard 3.4.7, FIU is responsible for ensuring the quality of all dual enrollment coursework offered through contractual agreements. 2.03 Program Review. The responsibility and role of the parties delineated in this Agreement are basic to FIU's ability to ensure the quality of the educational dual enrollment program and courses covered by this Agreement. FIU, M-DCPS and CMB personnel will collaborate in identifying the criteria that will be used to evaluate the dual enrollment program. 2.04 Joint Responsibilities. M-DCPS, CMB and FIU shall maintain responsibility for implementing the various components of this Agreement as delineated in this Agreement. 2.05 Dual Enrollment Registration Procedures. This agreement will follow the same processes already in place for the dual enrollment program. 2.06 Dual Enrollment Withdrawal Procedures. All dual enrollment students are responsible for officially withdrawing from classes that they are no longer attending in accordance with FIU requirements and deadlines. The Registrar's Office must receive an official 4 withdrawal from a dual enrollment course(s) within three weeks after enrollment. Students who do not officially withdraw from a class may receive a failing grade. Such a failing grade becomes a part of students' permanent transcript records and could have a negative effect on future college admissions, scholarship opportunities, and/or financial aid. All dual enrollment students are responsible for notifying the high school guidance counselor, in writing, prior to withdrawal from any dual enrollment course. 2.07 FIU Courses offered on High School Campus Locations. M-DPCS/CMB provides financial support for students to engage in a rigorous curriculum that integrates core academics necessary to a four (4) year degree, while students complete a high school diploma. FIU agrees to permit high school students enrolled in the CMB, Miami -Dade County, Florida, or who otherwise qualify pursuant to Section 1007.271, Florida Statutes, who have been certified by their principals as qualified, to dually enroll in regularly offered FIU courses at Miami Beach Senior High School. In general, the majority of the dual enrollment courses are only available to Juniors and Seniors, with the exception of those courses identified in Appendix A as opened to Sophomores. Students participating in dual enrollment options must meet the following entrance eligibility requirements: (1) enrolled in a course of study which will fulfill requirements for high school graduation; (2) maintain a 3.0 cumulative unweighted grade point average (GPA); (3) achieve a minimum standardized college placement score; (4) satisfy any course prerequisites; and (5) meet any additional admissions criteria set by FIU. In order to continue in the program, students must maintain a 3.0 unweighted GPA in their high school academic work and earn a 3.0 or better in college -level work, as confirmed by their high school guidance director and FIU's Registrar's Office. Students who earn a 'C' or lower in any one dual enrollment course will not be allowed to continue participating in the dual enrollment program. A. Marketing. FIU, 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 Courses will be allocated as follows: 1. M-DCPS shall pay FIU a nonrefundable $3,500 per term (Monitoring and Oversight Fee). 2. M-DCPS shall pay FIU the benefits (Benefits) portion of the compensation for the FIU Adjunct Instructor ), in the amount of $382.50 (7.65 percent of the 5 Adjunct Instructor Salary) per FIU Adjunct Instructor, in the 2014-15 and 2015-20161 school year. 3. M-DCPS shall pay FIU $5,000.00 (Adjunct Instructor Salary) for each FIU Adjunct Instructor to teach a Dual Enrollment Class at Miami Beach Senior High School in the 2014-15 school year and 2015-2016 school year. 4. M-DCPS shall pay FIU a Fee of $1,500.00 per course for academic monitoring and oversight (Monitoring and Oversight Fee) per unique Dual Enrollment Course taught by a Courtesy Appointment Lecturer. This Monitoring and Oversight Fee shall be waived when an FIU Adjunct Instructor teaches a Dual Enrollment Course. 5. CMB shall reimburse M-DCPS for the Benefits and Adjunct Instructor Salary described in the preceding subsections 2.14(B)(2-3) with respect to an FIU Adjunct Instructor. CMB shall not be responsible for reimbursing M-DCPS for the Benefits or the Adjunct Instructor Salary with respect to Courtesy Appointment Lecturer; however, CMB shall be responsible for reimbursing M-DCPS the Monitoring and Oversight Fee for a Courtesy Appointment Lecturer, as described in the preceding subsection 2.14(B)(4), per unique Dual Enrollment Course taught at Miami Beach Senior High School, regardless of how many Classes are taught. The total amount of reimbursements paid by CMB under this Agreement (CMB Contributions), shall be 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. Said CMB Contributions shall not exceed $20,000.00 in a given fiscal year (from October 1 of a given year to September 30 of a subsequent year). 6. M-DCPS shall pay all student instructional material costs for all Dual Enrollment Classes taught pursuant to this Agreement, with an anticipated cost of $16,425.00 (in Spring 2015 based upon 122 enrolled students in six (6) Dual Enrollment Courses). 1.11 Teacher Credentialing. In accordance with FIU faculty credentialing requirements, a college -level instructor must have a concentration of at least a master degree in the teaching discipline or a master degree with a concentration (a minimum of 18 graduate semester hours in the teaching discipline AND a teaching experience or certification). The credentialing process an FIU Adjunct Instructor or Courtesy Appointment Lecturer occurs at the level of the FIU academic unit. FIU shall provide priority to applicants who ' Funding for the CMB Contributions for the 2015-2016 school year is subject to funding, as may be approved by CMB for its 2015-2016 fiscal year budget. 6 would like to serve as a courtesy lecturer for Dual Enrollment Courses taught at Miami Beach Senior High School as follows: first, Courtesy Appointment Lecturers; second, FIU Professors; third, CMB Residents; and fourth, CMB Employees. C. The principal for Miami Beach Senior High School must approve any courtesy lecturer (FIU Adjunct Instructor/Courtesy Appointment Lecturer) recommended by FIU for Dual Enrollment Courses taught at Miami Beach Senior High School. Miami Beach Senior High School shall send instructors' curricula vitae, official transcripts and course proposals to an FIU representative for approval. M-DCPS and CMB must follow FIU's dual enrollment guidelines and meet deadlines for course requests and student registration period. Qualified teachers will receive courtesy appointments to teach college -level courses at Miami Beach Senior High School under the supervision of the pertinent FIU academic unit. Per Section 1007.271, Florida Statutes, each FIU Adjunct Instructor and Courtesy Appointment Lecturer credentialed by FIU must provide a copy of the current syllabus for each course taught to the FIU department chair, before the start of each term. The content of each syllabus must meet the same standards required for all college -level courses offered by FIU. D. Teacher Credentialing for Miami Beach Senior High School Teachers, CMB employees, or residents. In order to add to the pool of qualified teachers, Miami Beach Senior High School Teachers, CMB Residents and CMB Employees may become credentialed as courtesy lecturers for the Dual Enrollment Program at Miami Beach Senior High School by their respective academic departments at FIU. The ultimate say of who is credentialed is reserved for the academic unit which is responsible for the academic standing of the program at FIU. The principal for Miami Beach Senior High School shall be responsible for selecting the FIU Adjunct Instructors and Courtesy Appointment Lecturers. E. Evaluation. Special programs allowing Dual Enrollment Courses taught directly at Miami Beach Senior High School will need to comply with the following: 1) the evaluation of the FIU Adjunct Instructor and Courtesy Appointment Lecturer by FIU, and 2) the submission of artifacts of student work for FIU evaluation purposes (as part of the University Core Curriculum course assessment required by SACSCOC). In addition, FIU requires that every course taught by FIU must be evaluated by its students. The results of eight (8) of the questions in the Student Assessment of Instruction must be made public and may be accessed through FIU's website. The results of the remaining 11 questions and the student comments are not made public and are available only to the instructor, the FIU department chair, and other personnel from FIU. 7 F. Professional Development, Mentoring, and Oversight for Dual Enrollment Teachers: FIU has instituted a Professional Development, Mentoring, and Oversight Dual Enrollment Program to ensure the courtesy lecturers are prepared to teach an FIU course. FIU will use some, or all, of the oversight activities listed below to determine any additional needed professional development/ mentoring: 1) announced classroom visitation (observation of teaching and structured feedback using rubrics), review of syllabi (examining syllabi for all FIU specified components and provide sufficient details to students including plagiarism and academic misconduct policy), 2) review of other teaching materials (PowerPoints, handouts, lesson plans or lecture notes, use of primary and secondary sources, etc.), 3) assessment of student learning (rubrics used for each type of student assignment and feedback provided to students for improvement — graded and ungraded student work), and 4) review of exams/quizzes, and other types of student assessment (student artifacts like homework, electronic or paper portfolios, essays, reports, term papers, oral and/or video recordings of student performance). For purposes of assessment processes, the courtesy lecturers will need to save two years' worth of student papers and exams as these may need to be collected for an on -campus review. Current and prospective courtesy lecturers would need to agree to these requirements in order to be able to teach FIU Dual Enrollment Courses at Miami Beach Senior High School and/or become credentialed. The goal is to give FIU Adjunct Instructors and Courtesy Appointment Lecturers the same support and mentoring provided to part-time faculty on campus. G. FIU Required Training. FIU Adjunct Instructors and Courtesy Appointment Lecturers are required by FIU to participate in professional development training in the area of assessment of the university core curriculum. This training would need to be funded by MDCPS. H. Student Educational Records. To the extent authorized by law, student educational records, when requested by FIU, shall be made available. Student records will be maintained by the corresponding home school in which each student is enrolled, according to guidelines previously developed for students of the Dual Enrollment Program. Subject to applicable laws, including, without limitation, Chapter 119, Florida Statutes, all documentation, including, but not limited to, test results, course credits, and any other educational records maintained by FIU, that will assist the high school to provide an appropriate education for the students involved, will be available to school personnel and handled in accordance with state and federal confidentiality and privacy acts. FIU, M-DPCS and CMB understand and agree that they are subject to all federal and state laws related to the confidentiality of student information. FIU, M-DPCS and CMB agree to comply with FERPA, M-DCPS and CMB rules pertaining thereto. FIU shall treat all student information for the Dual Enrollment 8 Program as confidential and will not disclose the student information to any third party, except as required by law, including, without limitation, Chapter 119, Florida Statutes. I. Enrollment Procedures. The M-DCPS and CMB are responsible for student recruitment and for allowing qualifying students to participate in the special programs. Students and their parents will meet with school personnel to complete a dual enrollment form as a way to agree to participate in the Dual Enrollment Program. Information regarding the appropriate application forms and mandatory testing required by FIU will be provided by school personnel. Students may enter or leave the program only at the start of a term in August or January, prior to the official Add/Drop date. J. Student Safety and Security. M-DCPS and Miami Beach Senior High School are responsible for developing policies and procedures to ensure the safety and security of students. Students must be made aware of all procedures and contingency plans in case of any emergency situation(s). K. Course Outlines. All Dual Enrollment Courses taught at high schools, including Miami Beach Senior High School, will follow FIU's course outline and the same procedures for courses taught on the FIU campuses. L. Course Syllabus. All FIU Adjunct Instructors and Courtesy Appointment Lecturers are required to provide students with course syllabi. Syllabi must contain (at a minimum) the following information: • the name of the course, course and section numbers, course description, course objectives and learning outcomes, prerequisites and co -requisites (if any), and term and year offered; • the instructor's name, telephone number, e-mail address, department or school, office location and office hours; • required items, as appropriate, including texts (including ISBN), lab supplies, artistic supplies, professional and ancillary items; • grading standards to calculate final grades; • a tentative outline that includes major topics, anticipated dates of assignments, performances, artistic submissions, and/or examinations; • the evaluation performance measures applied in awarding final grades; • attendance standards, as required. M. Dual Enrollment Off-site High School Course Limitation. In keeping with the notification requirements of SACSOC's Substantive Change Policy, FIU offers less than 49 percent (57 credits) of degree programs through its M-DCPS/Miami Beach 9 Senior High School Dual Enrollment Program. No more than 19 different course titles may be offered on a high school campus over a three-year period. Several Classes of the same Dual Enrollment Course are only counted as one Dual Enrollment Course. Adherence to the course limitation policy would be strictly monitored by FIU University College. Any breach of this policy could signal the termination of the Agreement. N. Restriction: In order to comply with Section 1007.271, Florida Statute Dual Enrollment Courses taught on high school campuses may not be combined with any non -college credit high school course. On a semester's basis, high school principals must attest in writing that Dual Enrollment Courses are not combined with any non - college credit high school course. The attestation must be sent to FIU's University College within the timetable and procedure established and communicated to the principals. O. Credits. Credits and grade points will be assigned according to policies established by FIU and M-DCPS based on State statutes. P. Materials and Equipment. The M-DCPS shall provide students of the Dual Enrollment Program, free of charge, required college textbooks and other instructional materials to students in accordance with Section 1007.271(14), Florida Statutes. The M-DCPS will provide computers and web access as necessary. Access will be provided (for the purpose of assistance) to the M-DCPS/CMB's Office of Information Technology. Q. Courses. Dual Enrollment Courses for students in the aforementioned special programs may exceed those described in Appendix A as outlined in the programs' published scope and sequence. R. Class Size. FIU has set maximum number of students allowed in a Dual Enrollment Courses. Maximum class size is found on the current listing of approved Dual Enrollment Course offerings for M-DCPS/Miami Beach Senior High School, attached hereto as Appendix A. These requirements must be met. Miami Beach Senior High school must provide to FIU University College, each semester, the number of Classes offered based on class rolls. This information must be provided prior to the implementation of each Class. FIU has the prerogative to cancel any course(s) that breach the class size requirements. 10 2.15 Joint Responsibilities — Accelerated Mechanisms. A. FIU, M-DCPS and CMB warrant and agree that all Dual Enrollment Courses shall meet the provisions of the current State of Florida laws and regulations. FIU, M- DCPS and CMB shall establish budgetary procedures to support specialized Dual Enrollment Programs which will include the following provisions: 1. Students enrolled in the Dual Enrollment Program may be included in the calculation of full-time student membership of the basic program grades 10-12 by M-DCPS. 2. Students enrolled in the Dual Enrollment Program may be counted as full-time equivalent by FIU. 3. Dual Enrollment Courses are free to students who attend a Florida public college or university; this includes registration, matriculation, or laboratory fees for courses taken through dual enrollment. Instructional materials (such as books) are provided to public school students free of charge; however, students enrolled in home education programs or non-public secondary schools must provide their own materials. 4. Dual Enrollment college credit will transfer to any Florida public college or university offering a course with the same prefix and number and must be treated as though taken at the receiving institution. If students do not, upon high school graduation, attend the same college or university where they earned the dual enrollment credit, the application of transfer credit to general education, prerequisite, and degree programs may vary at the receiving institution. B. When a student with special needs has been accepted into the Dual Enrollment Program M-DCPS will cover the cost of the provision of the accommodations determined necessary per the Exceptional Student Education/Americans with Disabilities. Act (ESE/ADA) (according to the student's Individual Education Plan). 2.16 Dual Enrollment Transportation. All students must provide their own transportation. Students parking at Miami Beach Senior High School may be required to secure a parking decal and any fee relating thereto shall be payable by the student to Miami Beach Senior High School. 2.17 Use of Logos and Brands. A. Except as otherwise authorized in writing by FIU, M-DCPS and/or CMB shall do business in its own name and shall not trade upon the name or credit of FIU. All brochures, advertisements, website materials, or other solicitations for the Dual Enrollment Program that include reference to FIU, regardless of medium and 11 language, shall be subject to FIU's prior written approval. All information posted on websites and promotional materials must be updated regularly and accurately to reflect the nature and requirements of the Dual Enrollment Program. The Parties agree that upon FIU's request, any information presented by the other Party in its publications and advertisements, including website information that is inaccurate or not supported by facts, regardless of the language used, shall be immediately retracted and/or withdrawn. This Agreement confers no rights upon M-DPCS and/or CMB to 'use the logos, marks and likeness of FIU in any advertising except as authorized by FIU in writing. B. Except as otherwise authorized in writing by M-DCPS or CMB, FIU shall do business in its own name and shall not trade upon the name or credit of M-DCPS and/or CMB. All brochures, advertisements, website materials, or other solicitations for the program that include reference to the M-DPCS and/or CMB shall be subject to M-DPCS and/or CMB's prior written approval, as applicable. This Agreement confers no rights upon FIU to use the logos, marks and likeness of M-DPCS or CMB in any advertising other than for the Dual Enrollment Program and in a manner consistent with the provisions of this paragraph. C. Neither FIU, M-DCPS nor CMB may use the SACSCOC logo. The use of this logo is reserved exclusively for SACSCOC. 2.18 Captions. The captions, section numbers, article numbers, title and headings appearing in this Agreement are inserted only as a matter of convenience 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 affect this Agreement and shall not be construed to create a conflict with the provisions of this Agreement. 2.19 Inspection of FIU's Records by M-DPCS and CMB. FIU shall establish and maintain books, records and documents (including electronic storage media) sufficient to reflect all income and expenditures of funds provided by M-DCPS/CMB under this Agreement. All FIU's Records, regardless of the form in which they are kept, shall be open to inspection and subject to audit, inspection, examination, evaluation and/or reproduction, during normal working hours, by M-DCPS/CMB's agent or its authorized representative to permit M-DCPS/CMB to evaluate, analyze and verify the satisfactory performance of the terms and conditions of this Agreement and to evaluate, analyze and verify any and all invoices, billings, payments and/or claims submitted by FIU or any of FIU's payees pursuant to this Agreement. FIU's Records subject to examination shall include, without limitation, those records necessary . to evaluate and verify direct and indirect costs (including , overhead allocations) as they may apply to costs associated with this 12 Agreement. FIU's Records subject to this section shall include any and all documents pertinent to the evaluation, analysis, verification and reconciliation of any and all expenditures under this Agreement without regard to funding sources. A. FIU's Records Defined. For the purposes of this Agreement, the term "FIU's Records" shall include, without limitation, accounting records, payroll time sheets, cancelled payroll checks, W-2 forms, written policies and procedures, computer records, disks and software, videos, photographs, executed subcontracts, subcontract files (including proposals of successful and unsuccessful bidders), original estimates, estimating worksheets, correspondence, change order files (including sufficient supporting documentation and documentation covering negotiated settlements), and any other supporting documents that would substantiate, reconcile or refute any charges and/or expenditures paid by M-DPCS or paid/reimbursed by CMB under to this Agreement. B. Duration of Right to Inspect. For the purpose of such audits, inspections, examinations, evaluations and/or reproductions, M-DCPS/CMB's agent or authorized representative shall have access to FIU' s Records from the effective date of this Agreement, for the duration of the term of this Agreement, and for as long as these records are maintained pursuant to the State of Florida records retention schedule. C. Notice of Inspection. M-DCPS/CMB's agent or its authorized representative shall provide FIU reasonable advance notice (not to exceed two (2) weeks) of any intended audit, inspection, examination, evaluation and or reproduction. D. Audit Site Conditions. M-DCPS/CMB's agent or its authorized representative shall have access to FIU's facilities and to any and all records related to this Agreement, and shall be provided adequate and appropriate workspace in order to exercise the rights permitted under this section. E. Failure to Permit Inspection. Failure by FIU to permit audit, inspection, examination, evaluation and/or reproduction as permitted under this Section shall constitute grounds for termination of this Agreement by M-DPCS and/or CMB for cause and shall be grounds for the denial of some or all of any FIU's claims for payment by M-DCPS and/or CMB, as applicable. F. Overcharges and Unauthorized Charges. If an audit conducted in accordance with this Section discloses purposeful overcharges or unauthorized charges to M- DCPS/CMB by FIU in excess of two percent (2%) of the total billings under this Agreement, the actual cost of CMB's audit shall be paid by FIU. If the audit 13 discloses billings or charges to which FIU is not contractually entitled, FIU shall pay said sum to M-DCPS/CMB within twenty (20) days of receipt of written demand under otherwise agreed to in writing by both parties. G. Inspector General Audits. FIU shall comply and cooperate immediately with any inspections, reviews, investigations, or audits deemed necessary by the Florida Office of the Inspector General or by any other state or federal officials. 2.20 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, 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: With a copy to: And a copy to: To CMB: 14 Alberto M. Carvalho Superintendent of Schools Miami -Dade County Public Schools 1450 N.E. 2nd Avenue, suite 912 Miami, Florida, 33131 Dr. Maria de Armas Assistant Superintendent Office of Academics and Transformation Division of Academics Miami -Dade County Public Schools 1501 N.E. 2nd 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 With a copy to: To FIU: With a copy to: Dr. Leslie Rosenfeld Chief Learning Development Officer City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 Elizabeth Bejar, Ph.D. Vice President for Academic Affairs Florida International University Modesto A. Maidique Campus 11200 S.W. Street, Miami, Florida 33199 Douglas L. Robertson, Ph.D., Dean Undergraduate Education Florida International University Modesto A. Maidique Campus 11200 S.W. Street, PC 245 Miami, Florida 33199 2.21 Background Screening. Dual enrollment students attending courses at FIU are deemed to be post -secondary students under the Florida Department of Education's interpretation of the Jessica Lundsford Act. FIU agrees to comply with all requirements of Sections 1012.32 and 1012.465, Florida Statutes. Under this Agreement, FIU personnel will not require access to M-DPCS/CMB school grounds nor require direct contact with M- DCPS/CMB school students beyond the scope of its post -secondary curriculum delivered through distance learning, at an FIU classroom facility or at a Miami Beach Senior High School classroom facility. If FIU assigns an FIU Adjunct Instructor to teach FIU Dual Enrollment Courses at the Miami Beach Senior High School campus, FIU will conduct a background check, as appropriate. 2.22 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, FIU's, 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 15 defenses therein. Nothing contained herein shall constitute a waiver of sovereign immunity by any of the parties to this Agreement. ARTICLE 3 — GENERAL CONDITIONS 3.01 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. 3.02 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. 3.03 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 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. 3.04 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. 16 3.05 Termination. This Agreement may be canceled with or without cause by either party during the term hereof upon thirty (30) days written notice to the other parties of its desire to terminate this Agreement. 3.06 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) days written notice to cure the default. However, in the event said 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) 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. Nothing in this section shall be construed to preclude termination for convenience pursuant to Section 3.05. 3.07 Annual Appropriation. The performance and obligations of either party under this Agreement shall be contingent upon an annual budgetary appropriation by its governing body. If either party does not allocate funds for the payment of services or products 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. 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. 3.08 Excess Funds. Any party receiving funds paid by M-DCPS or CMB under this Agreement agrees to promptly notify M-DPCS and CMB of any funds erroneously received from M-DCPS or CMB upon the discovery of such erroneous payment or overpayment. Any such excess funds shall be refunded to M-DCPS or CMB, as applicable, with interest calculated from the date of the erroneous payment or overpayment. Interest shall be calculated using the interest rate for judgments under Section 55.03, Florida Statutes, applicable at the time the erroneous payment or overpayment was made by M-DCPS or CMB. This provision shall equally inure to FIU's benefit. 17 3.09 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 do not constitute trade secrets. 3.10 Student Records: Notwithstanding any provision to the contrary within this Agreement, FIU and M-DCPS shall fully comply with the requirements of Section 1002.22, Florida Statutes, or any other state or federal law orregulation regarding the confidentiality of student information and , records. Each such party agrees, for itself, its officers, employees, agents, representatives, contractors or subcontractors, to fully indemnify and hold harmless CMB and its officers and employees for any violation of this section, including, without limitation, defending CMB and its officers and employees against any complaint, administrative or. judicial proceeding, payment of any penalty imposed upon CMB, or payment of any and all costs, damages, judgments or losses incurred by or imposed upon CMB arising out of a breach of this covenant by the party, or an officer, employee, agent, representative, contractor, or sub -contractor of the party to the extent that the party or an officer, employee, agent, representative, contractor, or sub -contractor of the party shall either intentionally or negligently violate the provisions of this section or of Section 1002.22, 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. 3.11 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. 18 3.12 Place of Performance. Students enrolled pursuant to this Agreement will attend classes at Miami Beach Senior High School. 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 of competent jurisdiction in Florida. 3.14 Entirety of Agreement. This document 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 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 binding 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 M-DCPS or CMB. 3.17 Incorporation by Reference. Appendix A Attached hereto and referenced herein shall be deemed to be incorporated into this Agreement by reference. 3.18 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. 3.19 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 19 full force and effect as if such invalid, illegal, unlawful, unenforceable or void sections, paragraphs, sentences, clauses or provisions had never been included herein. 3.20 Preparation of Atreement. 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. 3.21 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, on behalf of CMB, shall be authorized to execute any amendment or extension of this Agreement. 3.22 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. 3.23 Force Maieure. 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. 3.24 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. 3.25 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 20 party for whom he or she is signing, and to bind 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. FOR THE SCHOOL BOARD OF MIAMI-DADE COUNTY: (Corporate Seal) THE SCHOOL BOARD OF MIAMI-DADE COUNTY, MIAMI, FLORIDA: ATTEST: By: By: Alberto M. Carvalho Superintendent of Schools or his Designee Date: Marie Izquierdo, Chief Academic Officer Office of Academics and Transformation Date: Approved as to Form and Legal Content: School Board Attorney Date: 21 FOR THE CITY OF MIAMI BEACH: (Corporate Seal) THE CITY OF MIAMI BEACH: By: ATTEST: By: 22 Jimmy L. Morales, City Manager Date: Rafael E. Granado, City Clerk Date: Approved as to Form and Legal Content: Office of the General Counsel Date: FOR THE FLORIDA INTERNATIONAL UNIVERSITY BOARD OF TRUSTEES: (Corporate Seal) 23 THE FLORIDA INTERNATIONAL UNIVERSITY BOARD OF TRUSTEES, MIAMI, FLORIDA: By: By: By: Elizabeth M. Bejar, Ph.D. Vice President for Academic Affairs Date: Douglas L. Robertson, Ph.D. Dean, Undergraduate Education Date: Approved as to Form and Legal Sufficiency: Isis Carbajal de Garcia Deputy General Counsel Date: APPENDIX A FIU DUAL ENROLLMENT COURSE LIST — UPDATED as of 9/12/14 (*WITH NOTES) Dual Enrollment Course List Updated on 8/1/2013 AFA 2004 — BLACK POPULAR CULTURE GLOBAL DIMENSIONS (*FIU ADJUNCT TEACHING) AFH 2000 — AFRICAN CIVILIZATION AMH 2041- ORIGINS OF AMERICAN CIVILIZATION AMH 2042 - -MODERN AMERICAN CIVILIZATION AML 2010 — SURVEY OF AMERICAN LITERATURE I AML 2020 — SURVEY OF AMERICAN LITERATURE II CLP 2001— PERSONAL ADJUSTMENT (*PSYCHOLOGY) CPO 2002 — INTRODUCTION TO COMPARTITIVE POLITICS DEP 2000 - HUMAN GROWTH AND DEVELOPMENT ECO 2013 - PRINCIPLES OF MACROECONOMICS ECO 2023 - PRINCIPLES OF MICROECONOMICS ENC 1101 - WRITING AND RHETORIC I ENC 1102 - WRITING & RHETORIC II ENG 2012 - APPROACHES TO LITERATURE ENL 2012 - SURVEY OF BRITISH LITERATURE I ENL 2022 — SURVEY OF BRITISH LITERATURE II EUH 2011— WESTERN CIVILIZATION: EARLY EUROPEAN CIVILIZATION EUH 2021 - WESTERN CIVILIZATION: MEDIEVAL TO MODERN EUROPE EUH 2030 - WESTERN CIVILIZATION: EUROPE IN THE MODERN ERA EVR 1001— INTRODUCTION TO ENVIORMENTAL SCIENCE (*FIU ADJUNCT TEACHING) EVR 1001L — ENVIRONMENTAL SCIENCE LAB (*FIU ADJUNCT TEACHING) INR 2001— INTRODUCTION TO INTERNATIONAL RELATIONS ITA 1130 — ITALIAN I ITA 1131— ITALIAN II ITA 2200 — INTERMIDIATE ITALIAN ITA 2240 — ITALIAN INTERMEDIATE CONVERSATION LAH 2020 - LATIN AMERICAN CIVILIZATION LIT 2110 - WORLD LITERATURE I LIT 2120 - WORLD LITERATURE II 24 CAP GRADE LEVEL 35 11th -12th 35 11th -12th 35 11th -12th 35 11th -12th 35 11th -12th 25 11th -12th 25 11th -12th 35 11th -12th 35 11th -12th 35 11th -12th 35 11th -12th 35 11th -12th 30 11th -12th* 25 11th -12th * 35 11th -12th 35 11th -12th Dual Enrollment Course List MAC 1105 - COLLEGE ALGEBRA MAC 1114 — TRIGONOMETRY MAC 1140 - PRECALCULUS ALGEBRA MAC 1147 — PRE -CALCULUS ALGEBRA AND TRIGONOMETRY MAC 2311- CALCULUS I POS 2042 - AMERICAN GOVERNMENT PSY 2012 — INTRODUCTION TO PSYCHOLOGY SPN 1130 - SPANISH I SPN 1131 - SPANISH II SPN 2200 - INTERMEDIATE SPANISH SPN 2201- INTERMEDIATE SPANISH II SPN 2210 - ORAL COMMUNICATIONS SKILLS SPN 2233 - INTERMEDIATE READINGS IN SPANISH SPN 2240 — INTERMEDIATE SPANISH CONVERSATION SPN 2330 - ADVANCED READINGS IN SPANISH SPN 2340 - INTERMEDIATE SPANISH FOR NATIVE SPEAKERS SPN 2341- ACCELERATED INTERMEDIATE SPANISH FOR NATIVE SPEAKERS SYG 2000 - INTRODUCTION TO SOCIOLOGY SYG 2010 — SOCIAL PROBLEMS WOH 2001- WORLD CIVILIZATION *Sophomores (10th graders) with successful passing of AP exam course CGS 2060 - INTRODUCTION TO MICROCOMPUTERS CGS 2518 - COMPUTER DATA ANALYSIS COP 1000 -INTRODUCTION TO COMPUTER PROGRAMMING COP 2210 — COMPUTER PROGRAMMING I EDF 1005 - INTRODUCTION TO EDUCATION EDF 2085 - TEACHING DIVERSE POPULATIONS PEM 2101- FOUNDATIONS OF FITNESS ART 1201C — 2-D DESIGN ART 1203C - 3-D DESIGN 25 CAP 35 35 35 GRADE LEVEL 11th -12th 11th -12th 11th -12th 11th -12th 35 35 11th -12th 35 11th -12th 35 11th -12th 30 11th -12th * 30 11th -12th * 30 11th -12th * 30 11th -12th * 30 11th -12th * 30 11th -12th * 30 11th -12th * 30 11th -12th * 30 11th -12th * 30 11th -12th * 35 11th -12th 35 11th -12th one computer per student one computer per student one computer per student one computer per student 30-35 30-35 adequate studio space per student adequate studio space per student 10th grade and higher 10th grade and higher 10th grade and higher 10th grade and higher 11th -12th 11th -12th 10th grade and higher Dual Enrollment Course List ART 2300C - BEGINNING DRAWING ART 2500C - BEGINNING PAINTING ART 2701C —BEGINNING SCULPTURE ART 2705C —BEGINNING FIGURE SCULPTURE ART 2750C - BEGINNING CERAMICS SPC 1017L — FUNDAMENTALS SPEECH COMMUNICATION (*FIU ADJUNCTS TEACHING) SPC 2065 — COMMUNICATION FOR BUSINESS (FIU ADJUNCTS TEACHING) SPC 2300 - FUNDAMENTALS OF INTERPESRONAL COMMUNICATION (*FIU ADJUNCTS TEACHING) SPC 2511— FUNDAMENTALS OF ARGUMENTATION AND DEBATE (*FIU ADJUNCTS TEACHING) SPC 2608 - PUBLIC SPEAKING (*FIU ADJUNCTS TEACHING) MUL 1010 - MUSIC APPRECIATION ENT 1000 - INTRODUCTION TO ENTREPRENEURSHIP CAP GRADE LEVEL adequate studio space per student adequate studio space per student adequate studio space per student 35 30 EGN 1033 - INTRODUCTION TO ENGINEERING 35 26 11th -12th 11th -12th 11th -12th 10th grade and higher 10th grade and higher