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Amendment 1 to Agmt with School Board of MDC and FIU AMENDMENT NO. 1 TO THE AGREEMENT BETWEEN THE SCHOOL BOARD OF MIAMI-DADE COUNTY, MIAMI, FLORIDA, THE CITY OF MIAMI BEACH, FLORIDA, AND THE FLORIDA INTERNATIONAL UNIVERSITY BOARD OF TRUSTEES, MIAMI, FLORIDA, DATED MARCH 19, 2015. This Amendment No. 1 (Amendment) to the Agreement is entered into this aG day of fila!y , 2016 (Effective Date), by and between the City of Miami Beach, Florida,66 municipal corporation organized and existing under the laws of the State of Florida, having its principal place of business at 1700 Convention Center Drive, Miami Beach, Florida 33139 (City), and The School Board Of Miami Dade-County, a body corporate and political subdivision of the State of Florida, having its principal place of business at 1450 N.E. 2nd Avenue Miami, Florida (M-DCPS), and The Florida International University Board of Trustees, a member of the State University System of Florida, having its principal place of business at 11200 S.W. 8th Street, Miami, Florida 33199 (FIU), and hereby amends the Agreement as follows: RECITALS WHEREAS, on May 21, 2014, the Mayor and City Commission adopted Resolution Number 2014-28601, authorizing the City Manager to execute a Memorandum of Understanding with Florida International University in Miami-Dade County, to provide dual enrollment courses for college credit for students at Miami Beach Senior High School, a Miami-Dade County Public School in the City of Miami Beach, Florida; and WHEREAS, on March 19, 2015, the City, the School Board of Miami-Dade County, and Florida International University executed the Agreement with respect to the Dual Enrollment Courses at Miami Beach Senior High School (the Agreement), as set forth in Exhibits A of the Agreement; 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 further increase the competitiveness of the students of Miami Beach Senior High School by expanding and supporting the Miami Beach Senior High School's dual enrollment program. NOW THEREFORE, in consideration of the mutual promises and conditions contained herein, and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the City, M-DCPS and FIU hereby agree to amend the Agreement as follows: 1. ABOVE RECITALS. The above recitals are true and correct and are incorporated as part of this Amendment. 2. MODIFICATIONS. The Agreement is hereby modified (deleted items StFUGk through and inserted items underlined) as follows: 1 (a) The first full paragraph of Section 2.01 of the Agreement is hereby deleted in its entirety and replaced with the following: 2.01 Term of Agreement. The term of this Agreement shall be as of the last date signed by all Parties through the 30th of June, 2017, unless earlier terminated pursuant to Section 3.02 below or the Agreement contained in Exhibit A is terminated. This Agreement may be renewed for additional periods of time upon the mutual written consent of the three Parties to this Agreement and subject to such terms and conditions as the Parties shall determine in writing. (b) Section 2.02 is hereby deleted in its entirety and replaced with the following: 2.02 Joint Responsibilities. M-DCPS, CMB and FIU shall maintain responsibility for implementing the various components of this Agreement as delineated in this Agreement and subject to the Agreement contained in Exhibit A, as said Agreement may be amended from time to time. (c) Section 2.03 (B) (4) of the Agreement is hereby modified to read as follows: 4. CMB shall reimburse M-DCPS for the Benefits and Adjunct Instructor Salary described in the preceding subsections 2.03(B)(2-3). With respect to an Adjunct Instructor who is a Miami Beach Senior High School Teacher, CMB shall not be responsible for reimbursing M-DCPS for the Benefits or the Adjunct Instructor Salary, but shall be responsible for reimbursing M-DCPS the Monitoring and Oversight Fee 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 . $40,000.00 in a given fiscal year (from October 1 of a given year to September 30 of a subsequent year). (d) Section 2.03 (B) (5) of the Agreement is hereby deleted in its entirety and replaced with the following: 5. M-DCPS shall pay all student instructional material costs, with an anticipated cost of $64,319 (in Fall 2016 and Spring 2017 based upon 470 enrolled students in seventeen (17) dual enrollment classes). (e) The portion of Section 2.04 of the Agreement, entitled "Notice", which pertains to the notice provisions for FIU is hereby amended to read as follows: To FIU: Elizabeth Bejar, Ph.D. Vice President for Academic Affairs Florida International University Modesto A. Maidique Campus 11200 S.W. 8th Street Miami, Florida 33199 With a copy to: Jew-j. Elam,P.D--DeaR URiveFsity College Jorge Zumaeta, Ph.D. a Senior Director, Continuing Education Academic Planning and Accountability Florida International University Modesto A. Maidique Campus 11200 SW 8th Street, MANGE) 6641 MARC 251 Miami, Florida 33199 3. RATIFICATION. Except as amended herein, all other terms and conditions of the Agreement shall remain unchanged and in full force and effect. In the event there is a conflict between the provisions of this Amendment and the Agreement, the provisions of this Amendment shall govern. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed by their appropriate officials, as of the date first entered above. (The remainder of this page has been intentionally left blank) 3 FOR THE SCHOOL BOARD OF MIAMI-DADE COUNTY: (Corporate Seal) THE SCHOOL BOARD OF MIAMI-DADE COUNTY, MIAMI, FLORIDA: By: A =Designee o, Is or Tabctha Faze in0 Designee Date: ATTEST: By. Marie I *d* io Chief Ac Officer Office Of Academics and Transformation Date: �So Approved as to Form and Legal Sufficiency: School Boa ttorn Date: 13 1 RISK MANAGEMENT REVI WED AND APPROVED 4 I FOR THE CITY OF MIAMI BEACH: (Corporate Seal) THE CITY OF MIA I BEACH: By: J' y L. +r-aes, City Manager Date: S 12.4 110 ATTEST: By: * INCORP RATED!'* Rafael G a o Cit Clerk • Y �'QC -•-6 '�°� Date: Z l�0 2 APPROVED AS TO fORM & LANGUAGE & FO XE UTION ±L City Attorney Trl- Dote 5 FOR THE FLORIDA INTERNATIONAL UNIVERSITY BOARD OF TRUSTEES: (Corporate Seal) THE FLORIDA INTERNATIONAL UNIVERSITY BOARD OF TRUSTEES, MIAMI, FLORIDA: By: lizabet . B ar, .D Vice President cademic Affairs )� LiDate. Approved as to Form and Legal Sufficiency: By: Isis Carbajal de Gar6ia Deputy General Counsel Date: 6