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2016-29302 Reso RESOLUTION NO. 2016-29302 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, CONSISTENT WITH THE CITY COMMISSION ACTION OF DECEMBER 9, 2015, PURSUANT TO RESOLUTION NO. 2015-29222, THE CITY COMMISSION APPROVES AND AUTHORIZES THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT ("AGREEMENT"), ATTACHED HERETO AS "EXHIBIT 1", BETWEEN THE CITY OF MIAMI BEACH ("CITY") AND THE MIAMI-DADE COUNTY SCHOOL BOARD (M-DCSB) IN WHICH THE CITY WILL FUND, FOR A THREE YEAR TERM, CERTAIN PREKINDERGARTEN CLASSES FOR ELIGIBLE CITY OF MIAMI BEACH RESIDENTS, AND THE PREKINDERGARTEN SERVICES WOULD BE OFFERED AT BISCAYNE ELEMENTARY SCHOOL AND FIENBERG/FISHER K-8 CENTER UNDER THE TERMS OF THE ATTACHED AGREEMENT, WHICH PRE-KINDERGARTEN SERVICES MAY BE ACCESSED BY CITY OF MIAMI BEACH RESIDENT CHILDREN FROM THE FOUR TARGETED SCHOOLS (BISCAYNE ELEMENTARY SCHOOL, FIENBERG/FISHER K-8 CENTER, NORTH BEACH ELEMENTARY SCHOOL AND SOUTH POINTE ELEMENTARY SCHOOL) FOLLOWING THE REGISTRATION AND LOTTERY PROCEDURES DELINEATED IN THE INTERLOCAL AGREEMENT; WITH AN ESTIMATE COST OF $206,558 IN START-UP COSTS FOR YEAR ONE, AND AN ESTIMATED REOCCURRING COST FOR YEARS TWO AND THREE OF APPROXIMATELY $140,402, PER GRANT YEAR, TO FUND THE ON-GOING COSTS OF THE CLASSROOMS IDENTIFIED IN THE AGREEMENT. WHEREAS, since the Education Compact implementation on January 16, 2008, the City of Miami Beach ("City" or "CMB") has collaborated with The School Board of Miami-Dade County, FL ("School Board" or "M-DCPS") to improve educational opportunities for youth in the City; and WHEREAS, the Miami Beach City Commission supports entering into an Interlocal Agreement (Agreement) with the School Board whereby the City will fund certain prekindergarten classes for eligible City of Miami Beach residents; and WHEREAS, on December 9, 2015, the City Commission passed and adopted Resolution No. 2015-29222, authorizing the City Manager to negotiate an agreement with M- DCPS to provide funding for one prekindergarten classroom at each of the following schools: Biscayne Elementary School and Fienberg/Fisher K-8 Center; and WHEREAS, pursuant to Resolution 2015-29222, the City Commission preliminarily authorized an amendment to the 2015-2016 budget to provide the grant funds, to ensure M- DCPS prekindergarten availability for the 55 Miami Beach families that were unable to participate in the M-DCPS Title I prekindergarten program, with a proposed first year funding allocation of$253,000.00, and with an additional two years of funding estimated at $189,042.00, per year; and WHEREAS, the Agreement, attached hereto as Exhibit 1, was negotiated to the lesser amount of $206,558 in start-up costs for year one, and an estimated reoccurring cost for years two and three of approximately $140,402, per grant year, to fund the on-going costs of the City's two prekindergarten classrooms identified in the Agreement; and WHEREAS, Prekindergarten services offered at Biscayne Elementary School and Fienberg/Fisher K-8 Center under the terms of this agreement may be accessed by City of Miami Beach resident children from the four targeted schools (Biscayne Elementary School, Fienberg/Fisher K-8 Center, North Beach Elementary School and South Pointe Elementary School) following the Registration and Lottery Procedures in section 1.06 of this Agreement; and WHEREAS, M-DCSB will authorize the execution of this Agreement via Administrative Action, after the City Commission approves this resolution; and WHEREAS, the administration recommends authorizing the attached Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, PASSED and ADOPTED this 10 day of February, 2016. ATTEST: `, 1,i t � apt Altir s.............le Q.— 11 i(0 _, ;-• ,„:,-,----?'.',...„, :. 1 i z a - ''r � 2.r-f :r . afael E. Granado, City Clerk '' 1:20RP ORATED. *i A • : c j ; APPROVED AS TO gig = ri C y 26 FO RM & LANGUAGE h \ , & F R E ECUTION .,t13---- \--' . k-ter 0 City Attorney, Dote • F:\ATTO\BOUE\RESOS\INTERLOCAL RESOLUTION ON PRE-K WITH MDCSB.docx INTERLOCAL AGREEMENT THIS INTERLOCAL AGREEMENT(Agreement) is made and entered into as of this day of 2016,(the Effective Date,which shall be the date this Agreement is fully executed)by and between THE SCHOOL BOARD OF MIAMI DADE-COUNTY,FLORIDA a political subdivision of the State of Florida, whose principal place of business is 1450 N.E.2nd Avenue Miami,Florida 33132 And THE CITY OF MIAMI BEACH,FLORIDA a body corporate and political subdivision of the State of Florida, whose principal place of business is 1700 Convention Center Drive Miami Beach,Florida 33139 WHEREAS, since the Education Compact implementation on January 16, 2008, the City of Miami Beach ("City"or"CMB")has collaborated with The School Board of Miami-Dade County,FL ("School Board"or"M-DCPS") to improve educational opportunities for youth in the City;and WHEREAS, the Miami Beach City Commission supports entering into an Agreement with the School Board whereby the City will fund certain prekindergarten classes for eligible City of Miami Beach residents;and WHEREAS, on December 9, 2015, the City Commission passed and adopted Resolution No. 2015-29222 authorizing the City Manager to negotiate an agreement with M-DCPS, for the City to provide funding to M-DCPS for one prekindergarten classroom ("VPK") at each of the following schools: Biscayne Elementary School and Fienberg/Fisher K-8 Center;and WHEREAS, Prekindergarten services offered at Biscayne Elementary School and Fienberg/Fisher K-8 Center under the terms of this agreement may be accessed by City of Miami Beach resident children from the four targeted schools (Biscayne Elementary School, Fienberg/Fisher K-8 Center, North Beach Elementary School and South Pointe Elementary School)following the Registration and Lottery Procedures in section 1.06 of this Agreement;and NOW, THEREFORE, in consideration of the premises and of the mutual covenants contained in this Agreement and other good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged,the Parties agree as follows: ARTICLE 1=RECITALS AND DEFINITIONS 1.01 Recitals M-DCPS and CMB (the "Parties") agree that the foregoing recitals are true and correct and that such recitals are incorporated into this Agreement by reference. 1.02 Purpose and Goals The purpose of the prekindergarten services program, known as the VPK Program, is to provide four-year-old children with a variety of meaningful learning experiences in environments that give them opportunities to create their own knowledge, through initiatives shared with supportive adults. The program's curriculum framework focuses on active learning, early literacy, adult-child interactions, the daily routine, the learning environment, and assessment. The goals of the program serve as a conceptual framework, within which the foundation for successful learning is developed and implemented.They are as follows: Page 1 of 9 • support a positive self-image in the child; • enrich the language and literacy skills of the prekindergarten child; • provide experiences that will enhance the child's knowledge of the world around him/her; • encourage the development of a support system between home and school; • promote social, emotional, physical, and cognitive development through developmentally appropriate activities;and • develop skills that are necessary for future success in learning. 1.03 Eligibility Requirements Under this Agreement, two schools, Biscayne Elementary School and Fienberg /Fisher K-8 Center, have the capacity to house one CMB VPK classroom each. M-DCPS will implement current VPK Program registration guidelines for the two classrooms funded by the City. Services at these schools may be accessed by City of Miami Beach resident children from the four targeted schools (Biscayne Elementary School, Fienberg/Fisher K-8 Center, North Beach Elementary School and South Pointe Elementary School) following the Registration and Lottery Procedures in Section 1.06 of this Agreement. Requirements for Participation in the CMB VPK Program are as follows: • Child must have attained the age of four,on or before September lof each school year;and • Child must reside within the attendance boundaries of the four targeted schools. 1.04 Funding State funding for VPK provides a three-hour program from 8:20 a.m. to 11:20 a.m., Monday through Friday. In addition, M-DCPS offers a Prekindergarten Enrichment Program from 11:20 a.m. through 1:50 p.m. In the two classrooms identified in this agreement, CMB will fund the Prekindergarten Enrichment Program to operate under the same procedures as all M-DCPS Prekindergarten Enrichment Programs. As part of this collaboration, CMB will award the School Board a$206,558 grant to fund the start-up costs of the two identified CMB VPK classrooms for program year 2016-2017. In subsequent years, CMB will award the School Board a$140,402 grant per year to fund the on-going costs of the CMB VPK classrooms identified in this agreement. The personnel salaries, fringe benefits and indirect costs may fluctuate based on teacher/paraprofessional qualifications, seniority, contract requirements, retirement, surplus, and personnel changes. Attached hereto and incorporated herein as Exhibit A is the Estimated Cost Breakdown. 1.05 Class Size and Staffing Requirements Class size of the VPK Program is limited to 20 students per classroom. Schools must adhere to the adult/student ratio of 1 to 10. The instructional team•must include one certified early childhood or prekindergarten/primary teacher, and one highly qualified (HQ) paraprofessional. Teachers and paraprofessionals must attend training in the delivery of Scholastic "Big Day for Pre-K", the District's literacy program, as well as the implementation of the Florida VPK Assessment and Teaching Strategies®GOLDTM; which are State required. Lastly, it is the expectation that teachers will attend training for Florida Early Learning and Developmental Standards for Four-Year-Olds. 1.06 Registration and Lottery Procedures Attached hereto and incorporated herein as Exhibit B is the City of Miami Beach VPK Choice Classes Application. All deadlines and procedures will be established and followed according to the Office of Early Childhood Programs guidelines. Parents from the four targeted schools will be able to apply for prekindergarten through the home school lottery which includes completing the official VPK Choice application. In the official VPK Choice application, parents must select one of three options: not interested,Biscayne Elementary School or Fienberg/Fisher K-8 Center. Parents of students not selected through the home school lottery will be notified via the non-selected letter from the home school that the official VPK Choice application for the Miami Beach Prekindergarten Class will be submitted for the lottery selection process. Randomized selection will be conducted by the City of Miami Beach based on the Page 2 of 9 numbers assigned per student by Biscayne Elementary School, Fienberg/Fisher K-8 Center and the North Region office.The VPK Choice Lottery will take place at a designated location determined by the City of Miami Beach. VPK Student Selection Process The maximum capacity in a VPK class is 20 students. If a school has more eligible applicants than the 20 slots available, a lottery must be conducted. If there are more numbers left after the 20 are selected, numbers shall continue to be selected and recorded for the creation of a waiting list. If the applicant family has twins or triplets, the drawing of one name entitles all children to be eligible for enrollment; unless the number selected is the last one(number 20). In this case,only one of the twins or triplets will be permitted to enroll. No selection priority is given to a family applying to enroll a child in a VPK class when older children are already enrolled at the desired school where the VPK class is located. Lottery Participation Requirements and Procedures Only children who have all the required documents for initial school entry will be considered to participate in the lottery selection process. All children must reside within the four selected schools attendance boundaries in order to participate in the lottery selection process. The Certificate of Eligibility (COE is not needed to participate in the lottery selection process. Assign a number to each eligible VPK applicant(child),place those numbers in a container and randomly withdraw numbers until the maximum class size(20)is reached. If there are more numbers left in the container after the 20 are selected, numbers shall continue to be selected and recorded for the creation of a waiting list. Final Roster for Selected Students A final roster is completed based on the names of children selected during the lottery. Waiting List/Open Slots Once the enrollment capacity is reached at a VPK site,a waiting list of all other eligible children must be established and ranked according to the results of the lottery. The waiting list must be used to maintain an enrollment of 20 students at all times. Parents of children on the waiting list will be contacted throughout the school year once a slot becomes available due to student withdrawals. ARTICLE 2—SPECIAL CONDITIONS 2.01 Funding State funding for VPK provides a three-hour program from 8:20 a.m. to 11:20 a.m., Monday through Friday. In addition, M-DCPS offers a Prekindergarten Enrichment Program from 11:20 a.m. through 1:50 p.m. In the two classrooms identified in this Agreement, CMB will fund the Prekindergarten Enrichment Program to operate under the same procedures as all M-DCPS Prekindergarten Enrichment Programs. As part of this collaboration,the CMB will award the School Board approximately$206,558 in a grant to fund the start-up costs of the two identified CMB VPK classrooms for program year 2016-2017. In subsequent years,the CMB will award the School Board approximately$140,402 in a grant per year to fund the on-going costs of the CMB VPK classrooms identified in this agreement. Included with the funding identified under the first paragraph of this Section 2.01, the 2016-2017 school year, estimated cost breakdown for the classroom materials, supplies, and equipment for two classrooms is $88,318. CMB shall render payment to the School Board for the classroom materials, supplies, and equipment for two classrooms upon signature of the Agreement by both Parties. Further, the estimated cost breakdown for the classroom materials, supplies, and equipment for two classrooms for subsequent years is $22,162 and payment shall Page 3 of 9 be made by April 15 each year. The School Board will retain ownership of all purchased classroom materials, supplies,and equipment. Attached hereto and incorporated herein as Exhibit C is the Salary Range without fringe benefits for teachers and paraprofessionals. The School Board shall provide the actual personnel salaries, fringe benefits and indirect costs to CMB for the 2016-2017 school year. CMB shall render payment to the School Board for the actual personnel salaries, fringe benefits, and indirect costs no later than September 15 each year. In subsequent years, the actual personnel salaries, fringe benefits and indirect costs may fluctuate based on.teacher/paraprofessional qualifications, seniority, contract requirements, retirement, surplus, and personnel changes. At the closeout of each fiscal year, should changes in personnel increase the amount required to maintain the program with qualified teachers/paraprofessionals, CMB will be invoiced the excess funds due to the School Board. Should changes in personnel decrease the amount required to maintain the program with qualified teachers/paraprofessionals, CMB will be refunded the excess funds by the School Board. All funds paid to the School Board for the two VPK classrooms shall be non-refundable with the exception of any changes made in the personnel line item which would require a reimbursement or a refund at the closeout of the fiscal year. 2.02 Term of Agreement The term of this Agreement shall be effective as of the last date signed by all Parties and shall end on June 30,2019: (a) two classrooms dedicated for Voluntary Prekindergarten classes under the terms and conditions of this Agreement; and (b) payment by CMB as provided in Section 2.01 of this Agreement. Any amendment to this Agreement requires the approval of both Parties. Both Parties reserve the right to terminate this Agreement for convenience by giving the other Party a minimum of thirty(30)business days written notification prior to April 15 of the corresponding school year. All funds paid by CMB shall be non-refundable should the City terminate this Agreement. 2.03 Reserved 2.04 Enrollment Procedures Shall be governed by the provisions of Section 1.03 of this Agreement. ARTICLE 3— GENERAL CONDITIONS 3.01 Indemnification Each Party agrees to be fully responsible for its acts of negligence or its employees' acts of negligence when acting within the scope of their employment and agrees to be liable for any damages resulting from said negligence. This section shall survive the termination of all performance or obligations under this Agreement and shall be fully binding until such time as any proceeding brought on account of this Agreement is barred by any applicable statute of.limitations. Notwithstanding the foregoing,M-DCPS's and CMB's indemnification herein is subject to applicable laws,including,but not limited to, Section 768.28,Florida Statutes, and the limitations,restrictions,and defenses therein. Nothing contained herein shall constitute a waiver of sovereign immunity by any of the Parties to this Agreement. 3.02 No Waiver of Sovereign Immunity Nothing herein is intended to serve as a waiver of sovereign immunity by any agency or political subdivision to which sovereign immunity may be applicable or of any rights or limits to liability existing under Section 768.28,Florida Statutes. This section shall survive the termination of all performance or obligations under this Agreement and shall be fully binding until such time as any proceeding brought on account of this Agreement is barred by any applicable statute of limitations. 3.03 No Third Party Beneficiaries Page 4 of 9 The Parties expressly acknowledge that it is not their intent to create or confer any rights or obligations in or upon any third person or entity under this Agreement.None of the Parties intend to directly or substantially benefit a third Party by this Agreement. The Parties agree that there are no third Party beneficiaries to this Agreement and that no third Party shall be entitled to assert a claim against any of the Parties based upon this Agreement. Nothing herein shall be construed as consent by an agency or political subdivision of the State of Florida to be sued by third Parties in any matter arising out of any contract. 3.04 Independent Contractor The Parties to this Agreement shall at all times be acting in the capacity of independent contractors and not as an officer, employee or agent of one another. Neither Party nor its respective agents, employees, subcontractors or assignees shall represent to others that it has the authority to bind the other Party unless specifically authorized in writing to do so.No right to Party's retirement, leave benefits or any other benefits of employees shall exist for the employees of the other Party as a result of the performance of any duties or responsibilities under this Agreement. Neither Party shall be responsible for social security,withholding taxes,contributions to unemployment compensation funds or insurance for the other Party or the other Party's officers,employees,agents,subcontractors or assignees. 3.05 Equal Opportunity Provision The Parties agree that no person shall be subjected to discrimination because of age, race, color, disability, gender identity, gender expression marital status, national origin, religion, sex or sexual orientation in the performance of the Parties' respective duties,responsibilities and obligations under this Agreement. 3.06 Notice When any of the Parties desire to give notice to the other, such notice must be in writing, sent by U.S. Mail, postage prepaid, return receipt requested, or by Federal Express, addressed to the Party for whom it is intended at the place last specified; the place for giving notice shall remain such until it is changed by written notice in compliance with the provisions of this paragraph.For the present,the Parties designate the following as the respective places for giving notice: To M-DCPS: Alberto M.Carvalho Superintendent of Schools Miami-Dade County Public Schools 1450 N.E.2nd Avenue,Suite 912 Miami,Florida,33132 With a copy to: Ms.Marie Izquierdo Chief Academic Officer Office of Academics and Transformation Miami-Dade County Public Schools 1450 N.E.2nd Avenue,Suite 921 Miami,Florida,33132 And a copy to: Walter Harvey School Board Attorney Miami-Dade County Public Schools 1450 N.E.2nd Avenue,Suite 430 Miami,Florida,33132 To CMB: Jimmy Morales City Manager City of Miami Beach 1700 Convention Center Drive,4th Floor Miami Beach,Florida 33139 With copies to: Raul J.Aguila City Attorney Page 5 of 9 • City of Miami Beach 1700 Convention Center Drive,4th Floor Miami Beach,Florida 33139 Dr.Leslie Rosenfeld Chief Learning Development Officer City of Miami Beach 1700 Convention Center Drive,3`d Floor Miami Beach,Florida 33139 3.07 Default The Parties agree that,in the event that either Party is in default of its obligations under this Agreement,the non-defaulting Party shall provide to the defaulting Party(30)business days written notice to cure the default.However,in the event said default cannot be cured within said thirty (30)day period and the defaulting Party is diligently attempting in good faith to cure same, the time period shall be reasonably extended to allow the defaulting Party additional cure time. Upon the occurrence of a default that is not cured during the applicable cure period,this Agreement may be terminated by the non- defaulting Party upon thirty(30)business days'notice. This remedy is not intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any Party of any right, power, or remedy hereunder shall preclude any other or future exercise thereof 3.08 Annual Appropriation The performance and obligations of either Party under this Agreement shall be contingent upon the required budgetary appropriation by its governing body. If either Party does not allocate funds for the payment of services or programs to be provided under this Agreement, this Agreement may be terminated by that Party at the end of the period for which funds have been allocated. That Party shall notify the other Party at the earliest possible time before such termination but not less than 90 business days prior to the termination. No penalty shall accrue to either Party in the event this provision is exercised, and neither Party shall be obligated or liable for any future payments due or any damages as a result of termination under this section. 3.09 Excess Funds M-DCPS agrees to promptly notify CMB of any funds erroneously received from CMB upon the discovery of an erroneous payment or overpayment. Any excess funds shall be refunded to CMB. 3.10 Public Records Pursuant to Section 119.0701, Florida Statutes, any Party contracting with M-DCPS or CMB is required to (a) keep and maintain available for public inspection any records that pertain to services rendered under this Agreement;(b)provide the public such records and at a cost that does not exceed the.cost provided in Chapter 119, Florida Statutes or as otherwise provided by law; (c)ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law; and(d)meet all requirements for retaining public records and transfer, at no cost, to M-DCPS or CMB and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All of such Party's records stored electronically must be provided to M-DCPS or CMB in a format that is compatible with M-DCPS' or CMB's information technology systems. Each Party shall maintain its own respective records and documents associated with this Agreement in accordance with the records retention requirements applicable to public records. Each Party shall be responsible for compliance with any public documents request served upon it pursuant to Section 119.07, Florida Statutes,and any resultant award of attorney's fees for non-compliance with that law. Each Party acknowledges that this Agreement and all attachments thereto are public records and to not constitute trade secrets. 3.11 Student Records M-DCPS shall fully comply with the requirements of Section 1002.33,Florida Statutes,or any other state or federal law or regulation regarding the confidentiality of student information and records. 3.12 Compliance with Laws Page 6 of 9 Each Party shall comply with all applicable federal and state laws, codes, rules and regulations in performing its duties, responsibilities and obligations pursuant to this Agreement. 3.13 Governing Law and Venue This Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Florida. Any controversies or legal problems arising out of this Agreement and any action involving the enforcement or interpretation of any rights hereunder shall be submitted to the jurisdiction of a State court in Miami-Dade County, Florida. 3.14 Entirety of Agreement This document incorporates and includes all prior negotiators, correspondence, conversations, agreements and understandings applicable to the matters contained herein and the Parties agree that there are no commitments,agreements or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, the Parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. 3.15 Binding Effect This Agreement shall be biding upon and inure to the benefit of the Parties hereto and their respective successors and assigns. 3.16 Assignment Neither this Agreement nor any interest herein may be assigned,transferred or encumbered by any Party without the prior written consent of the other Party. There shall be no partial assignments of this Agreement including,without limitation, the partial assignment of any right to receive payments from CMB. 3.17 Captions The captions,section designations,section numbers, article numbers,titles and headings appearing in this Agreement are inserted only as a matter of convenience,have no substantive meaning and in no way define,limit,construe or describe the scope or intent of such articles or sections of this Agreement, nor in any way effect this Agreement and shall not be construed to create a conflict with the provisions of this Agreement. 3.18 Severability In the event that any one or more of the sections,paragraphs,sentences,clauses or provisions contained in this Agreement is held by a court of competent jurisdiction to be invalid,illegal,unlawful,unenforceable or void in any respect,such shall not affect the remaining portions of this Agreement and the same shall remain in full force and effect as if such invalid, illegal, unlawful, unenforceable or void sections, paragraphs, sentences, clauses or provisions had never been included herein. 3.19 Preparation of Agreement The Parties acknowledge that they have sought and obtained whatever competent advice and counsel as was necessary for them to form a full and complete understanding of all rights and obligations herein and that the preparation of this Agreement has been their joint effort. The language agreed to herein expresses their mutual intent and the resulting document shall not, solely as a matter of judicial construction,be construed more severely against one of the Parties than the other. 3.20 Amendments No modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same or similar formality as this Agreement and executed by each Party hereto. The City Manager of the City of Miami Beach,Florida,shall be authorized to execute any amendment or extension of this Agreement on behalf of CMB. Alberto M. Carvalho, Superintendent of M-DCPS shall be authorized to execute any Page 7 of 9 amendment or extension of this Agreement on behalf of M-DCPS. 3.21 Waiver The Parties agree that each requirement, duty and obligation set forth herein is substantial and important to the formation of this Agreement and,therefore,is a material term hereof.Any Party's failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision or modification of this Agreement unless the waiver is in writing and signed by the Party waiving such provision.A written waiver shall only be effective as to the specific instance for which it is obtained and shall not be deemed a continuing or future waiver. 3.22 Force Majeure Neither Party shall be obligated to perform any duty,requirement or obligation under this Agreement if such performance is prevented by fire, hurricane, earthquake,explosion,wars, sabotage, accident,flood, acts of God, strikes, or other labor disputes, riot or civil commotions, or by reason of any other matter or condition beyond the control of either Party, and which cannot be overcome by reasonable diligence and without unusual expense ("Force Majeure"). In no event shall a lack of funds on the part of either Party be deemed Force Majeure. 3.23 Survival All representations and warranties made herein, regarding indemnification obligations, obligations to reimburse CMB, obligations to maintain and allow inspection and audit of records and property,obligations to maintain the confidentiality of records,reporting requirements,and obligations to return public funds shall survive the termination of this Agreement. 3.24 Authority Each person signing this Agreement on behalf of either Party individually warrants that he or she has full legal power to execute this Agreement on behalf of the Party for whom he or she is signing, and to bind and obligate such Party with respect to all provisions contained in this Agreement. The Parties hereto have made and executed this Agreement on the date last signed below. THE SCHOOL BOARD OF MIAMI-DADE COUNTY,FLORIDA: By: Alberto M. Carvalho Superintendent of Schools or his Designee Date: ATTEST: By: Maria Izquierdo,Chief Academic Officer Office of Academics and Transformation Date: Approved as to Form and Legal Sufficiency: School Board Attorney Date: THE CITY OF MIAMI BEACH: By: Jimmy L.Morales, City Manager Page 8 of 9 F Date: ATTEST: By: Rafael E. Granado,City Clerk Date: Approved as to Form&Language& For Execution: fPN 54- Wi'\ Raul J. Aguila,City Attorney Date: tett I4 Page9of9 1 MIAMI BEACH 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 Commission Jimmy L. Morales, City Manager FROM: Commissioner Michael Grieco .__./Mt‘2■- DATE: February 10, 2016 SUBJECT: VPK— Pre-kindergarten Interlocal with Miami-Dade County School Board J 9 Y A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, CONSISTENT WITH THE CITY COMMISSION ACTION OF DECEMBER 9, 2015, PURSUANT TO RESOLUTION NO. 2015-29222, THE CITY COMMISSION APPROVES AND AUTHORIZES THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT ("AGREEMENT"), ATTACHED HERETO AS "EXHIBIT 1", BETWEEN THE CITY OF MIAMI BEACH ("CITY") AND THE MIAMI-DADE COUNTY SCHOOL BOARD (M-DCSB) IN WHICH THE CITY WILL FUND, FOR A THREE YEAR TERM, CERTAIN PREKINDERGARTEN CLASSES FOR ELIGIBLE CITY OF MIAMI BEACH RESIDENTS, AND , THE PREKINDERGARTEN SERVICES WOULD BE OFFERED AT BISCAYNE ELEMENTARY SCHOOL AND FIENBERG/FISHER K-8 CENTER UNDER THE ' TERMS : OF THE ATTACHED AGREEMENT, WHICH PRE- KINDERGARTEN SERVICES MAY BE ACCESSED BY CITY OF MIAMI 'BEACH RESIDENT CHILDREN FROM THE FOUR TARGETED SCHOOLS (BISCAYNE ELEMENTARY SCHOOL, FIENBERG/FISHER K-8 ; CENTER, NORTH ; BEACH ELEMENTARY SCHOOL AND SOUTH POINTE ELEMENTARY SCHOOL) FOLLOWING THE REGISTRATION AND LOTTERY PROCEDURES DELINEATED ! IN i THE' INTERLOCAL AGREEMENT; WITH AN ESTIMATE COST OF ; $206,558 IN START-UP COSTS FOR YEAR I ONE, AND AN: ESTIMATED REOCCURRING COST FOR YEARS TWO AND THREE OF ' APPROXIMATELY $140,402, PER!GRANT YEAR, 110 FUND THE ON-GOING COSTS OF THE CLASSROOMS IDENTIFIED IN THE AGREEMENT: I 1 j i j , � � Agenda Item R-7 L Date 2-1O-(C. Commission Memorandum VPK Interlocal with Miami-Dade County School Board February 10, 2016 1 I BACKGROUND On December 9, '2015,, I presented an action item to the City Commission, which resulting in the unanimous adoption of Resolution No. 2015-29222, authorizing funding towards the VPK program, for up to two classrooms, per year. As the Mayor and Commission are aware, this is the City's opportunity.to be the first municipality to make up for the instances where the State has failed to provide adequate education to the children of our City. The;first resolution ensured that the budget existed to fund the VPK program, to meet the existing demands. This second resolution develops the Interlocal Agreement to implement;the funding action. During the December 9, '2015 City Commission meeting it was represented that Miami- Dade Public Schools (M-DCPS) has made efforts to go well beyond the basic three- hour, uncertified VPK "funded" by the State of Florida. The M-DCPS program provided an estimated cost that far exceeded the $2,400 per-student State allocation. The several thousand dollar per-student shortfall was contemplated to be made up Countywide solely from available Title I funding, which is insufficient for the demand in Miami Beach. In order t;o ensure M-DCPS VPK availability for the 55 families that have been identified as needing services, the City Commission authorized an estimated first year funding allocation of $253;000.00, with proposed two year jextensions requiring an estimated $189,042.00, per year. I The City Commission contemplated executing an Interlocal Agreement with M-DCPS relating to the proposed three year funding commitment. The City Attorney's office has negotiateid an agreement with M-DCPS to ;provide funding for one prekindergarten classroom at each of the following schools: Biscayne Elementary School and Fienberg/Fisher K-8 Center. The Agreement, attached to the Resolution as Exhibit 1 was negotiated to the lesser amount of $206,558 in start-up costs for year one and an estimated reoccurring cost for years two and three of approximately $140,402, per grant year, to fund the on-going costs of the City's two prekindergarten classrooms identified in the Agreement. Prekindergarten services offered at Biscayne Elementary School and Fienberg/Fisher K- 8 Center;under the terms of this agreement may be accessed by City of Miami Beach resident i children I from the four targeted schools (Biscayne Elementary School, Fienberg/Fisher K-8 Center, North Beach Elementary ,School and South Pointe Elementary School) following the Registration and Lottery Procedures in section 1.06 of this Agreement. , M-DCSB will authorize the execution of this Agreement via Administrative Action, after the City Commission approves this resolution. No M-DCSB action will be required. The remainder of the Interlocal Agreement contains the standard conditions and safeguards. FISCAL IMPACT In accordance with Charter Section 5.02, which requires that the "City of Miami Beach shall consider the long term economic impact (at least 5 years') of proposed legislative actions," this shall iconfirm that the City;Administration City Administration evaluated the long term economic impact (at least 5 years) of this proposed legislative action. The proposed Ordinance is not expected to have a negative fiscal impact upon the City. The City has: already ,authorized the funding of year, one of the program, and have conceptually agreed to funding years two and three. The 2016-2017 budget cycle shall contain a;line item to fund this initiative. Commission Memorandum VPK Interlocal with Miami-Dade County School Board February 10, 2016 CONCLUSION That the Mayor and City;Commission unanimously approve this resolution and attached Interlocal Agreement to support the educational needs for the children of our residents. F:WTTO\BOUE\Memos\Grieco Memo relating to VPK for 2 10 2016.docx II I I , I I 1 I I f I I I I I I I I I i ' I I , I I I j I I � I !