Agreement with Barry University, Inc. 0201Y-4;29/60
AGREEMENT
This AGREEMENT is entered into on this o day of Pece;rAtr , 2015
between
BARRY UNIVERSITY, INC., a not-for-profit educational institution
(hereinafter referred to as "Barry"), whose principal place of business is
11300 NE Second Avenue, Miami Shores, FL 33161
and
THE CITY OF MIAMI BEACH, a municipal corporation of the State of
Florida (hereinafter referred to as "City"), whose principal place of
business is 1700 Convention Center Drive, Miami Beach, FL 33139
(collectively, the "Parties").
WHEREAS, the City has held formal negotiations with Barry and, as a result of
those negotiations, Barry has agreed to provide a twenty percent (20%) discount off its
standard tuition rate for City employees to enroll in classes in its School of Professional
and Career Education, which lead to Bachelor and Master degrees in Public
Administration, and which classes will be held in a City facility; and
WHEREAS, if the classes offered expand to City venues other than police station
facilities and are not filled to capacity by City employees, then City residents may enroll
in such classes at a twenty percent (20%) discounted tuition rate for up to eighteen (18)
months from the execution of this Agreement; and, if such classes are not filled to
capacity by City employees and City residents, then employees of other municipalities
may enroll in the classes at the standard tuition rate; and
WHEREAS, the discounted tuition rate will apply to the standard tuition fees for
courses within Barry's School of Professional and Career Education, but will not apply
to other costs such as books, late payment fees, and other items; and
WHEREAS, pursuant to Resolution No. 2015-29160, adopted on October 14,
2015, the Mayor and City Commission of the City of Miami Beach authorized the City
Manager and City Clerk to execute an agreement with Barry that would provide for the
above-stated educational opportunities; and
WHEREAS, this Agreement will provide enhanced educational opportunities for
the employees and residents of the City of Miami Beach.
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NOW, THEREFORE, in consideration of the mutual promises and covenants contained
in this Agreement, and other good and valuable consideration, the receipt and
adequacy of which are acknowledged, the Parties agree as follows:
I. Recitals Incorporated
The foregoing recitals are incorporated herein by reference.
II. Agreement Duration
This Agreement shall commence upon the date signed by the last of both duly
authorized representatives of the Parties and shall continue to be in effect until
either Party terminates the Agreement as described in Section VII, entitled
"Modification and Termination."
Ill. Terms
A. Barry will provide a twenty percent (20%) discounted tuition rate to City
employees who enroll in classes in Barry's School of Professional and
Career Education ("PACE").
B. In the event that PACE classes are held in City facilities that are not City
Police Stations, and are not filled to capacity by City employees, then City
residents may enroll in PACE classes at a twenty percent (20%)
discounted tuition rate for up to eighteen (18) months after the execution
of this Agreement. Further, in the event that PACE classes are held in
facilities that are not City Police Stations and the classes are not filled to
capacity by City employees and City residents, then employees of
municipalities in Miami-Dade County may enroll in the PACE classes at
the standard tuition rate.
C. The discounted tuition rate shall be applied towards tuition only and shall
not cover any fees such as, but not limited to, online course fees, late
registration fees, late payment fees, portfolio fees, books, or other
required materials for the classes.
D. PACE classes offered by Barry shall conform to the course descriptions in
the current Barry course catalog.
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IV. Conditions
Barry and the City agree as follows:
A. To be eligible for the tuition discount in Section III. A of this Agreement,
the student must be an employee of the City at the time of PACE class
registration. To be eligible for the tuition discount in Section III. B of this
Agreement, the student must be a resident of the City at the time of PACE
class registration.
B. All eligible employees, residents, and employees of other municipalities
shall meet the admissions requirements of Barry's PACE.
C. All academic policies and regulations of Barry apply to PACE classes.
D. Barry reserves the right to immediately rescind any discounted tuition rate
offered if it is discovered that a student applicant or student has provided
false information to fulfill eligibility requirements. Applicants who provided
false information and have enrolled in Barry's PACE classes, as provided
in this Agreement, may be subject to disciplinary action and may be held
responsible for tuition costs at the standard rate.
E. Any recipient of the discounted tuition rate who loses his/her status as a
City employee shall lose eligibility for the discounted tuition rate on a pro
rata basis.
F. This Agreement shall be construed, interpreted, enforced, and governed
by and under the laws of the State of Florida. Exclusive jurisdiction and
venue of any actions arising out of, relating to, or in any way connected
with this Agreement shall be in Miami-Dade County, Florida.
V. Barry Responsibilities
Barry shall:
A. Provide materials to the City necessary for City employees to understand
the various PACE Bachelor and Master degree options available and
provide information about the five (5) start terms per year, as well as
contact information for academic counseling.
B. Assign a resource person from Barry to be a liaison to the City.
C. Provide PACE classes for City employees at the Miami Beach Police
Station located at 1100 Washington Avenue, Miami Beach, FL 33139 or at
other City-approved facilities.
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D. The offering of courses is subject to Barry's policies and procedures and
will require a minimum enrollment of at least ten (10) students. The Dean
of Operations of Barry may, however, make exceptions to this policy on a
case-by-case basis.
E. Provide and maintain:
1. A Certificate of Insurance for Commercial General Liability Insurance
on an occurrence basis including, but not limited to, contractual liability,
property damage, bodily injury, and personal and advertising injury
with limits no less than $1,000,000 per occurrence and $2,000,000
general aggregate, naming the City as an additional insured; and
2. Professional Liability (Errors & Omissions) Insurance with a limit of no
less than $1,000,000 per occurrence.
F. Indemnify, defend, and hold harmless the City, its officers, agents, and/or
employees from and against any and all damages, claims, loses, liabilities,
and expenses, including reasonable attorneys' fees and costs, caused by,
in connection with, arising out of, or resulting from any accident, injury,
loss, or damage whatsoever to any person or property as a result of Barry
or its employees, agents, licensees, invitees, servants, or contractors that
in any way arises out of or relates to this Agreement or the classes and
activities contemplated by this Agreement, and at no expense whatsoever
to the City.
VI. City Responsibilities
The City shall:
A. Assign a resource person from the City to be a liaison to Barry.
B. Provide information to City employees about Barry's PACE.
C. Confirm, upon Barry's request, whether a recipient of the discounted
tuition rate has separated from City employment.
VII. Modification and Termination
A. This Agreement may be cancelled or terminated without cause, by either
Party, by giving thirty (30) calendar days advance written notice to the
other Party. Such notification shall state the effective date of termination or
cancellation of the Agreement and include any final performance and/or
payment or invoicing instructions and requirements.
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B. Any and all amendments to this Agreement must be made in writing and
must be agreed to and executed by both Parties before becoming
effective.
C. The Terms and Conditions set forth in paragraphs Ill and IV herein shall
survive termination of this Agreement and shall continue to be in effect for
enrolled students only. Enrolled students shall retain the designated
discounted tuition rate for the duration of their studies as long as they
maintain eligibility and adhere to their class requirements.
VIII. Notices
Any notice to either Party hereunder must be in writing and signed by the Party
giving it and shall be served: 1) by hand; 2) through the United States Mail,
postage prepaid, registered or certified, return receipt requested; or 3) through
expedited mail or package service, if a receipt showing the delivery has been
retained. Notices shall be addressed as follows:
To Barry: To City:
Barry University The City of Miami Beach
School of Professional and 1700 Convention Center Dr.
Career Education Miami Beach, FL 33139
11300 N.E. Second Ave
Miami Shores, FL 33161 Attention:
Jimmy Morales
Attention: City Manager
Dr. Andrea Keener, Dean
Copies to:
Raul J. Aguila, City Attorney
Copy to: 1700 Convention Center Dr.
Office of Legal Affairs Miami Beach, FL 33139
11300 N.E. Second Ave and
Miami Shores, FL 33161 Dr. Leslie Rosenfeld
Chief Learning and
Development Officer
1700 Convention Center Dr.
Miami Beach, FL 33139
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IX. Effective Date and Signatures
This Agreement shall be effective upon the signatures from the duly authorized
representatives of the Parties.
Barry University City of Miami B.1,ch
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Dr. Christoph r Starratt Jim Mo s
Interim Provost City 1; anauer
Date: \a, Date 1 Z ($' /s
ATTEST:
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BE,n tt% fael E. Granado, City Clerk
'• *1.. ORP ORATEO APPROVED AS TO
ANC FORM & LANGUAGE
•� s &FOR EXECUTION
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City Attorney 11 Date
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