Amendment No. 2 to the Agreement with the School Board of Miami-Dade County,26l7 --,?%o
AMENDMENT NO. 2
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,
AS AMENDED PURSUANT TO AMENDMENT NO. 1 DATED MAY 26, 2016
This Amendment No. 2 (the "Amendment") to the Agreement, dated March 19,
2015, as amended pursuant to Amendment No. 1, dated May 26, 2016 (collectively, the
"Agreement"), by and between the City of Miami Beach, Florida, a 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 (CMB), 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. 8t" Street, Miami, Florida 33199 (FIU) (CMB, M-DCPS and FIU may be individually
referrej as a party or collectively as parties), is entered into this 2S day of
06-0 ae , 2017 (Effective Date):
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; and
WHEREAS, on March 19, 2015, CMB, M-DCPS, and FIU executed an
agreement outlining each party's obligations in connection with providing dual enrollment
courses for college credit for students attending Miami Beach Senior High School (the
Agreement or agreement), with CMB contributing a sum not to exceed $20,000 for the
2015-2016 Miami -Dade County Public school year; and
WHEREAS, on May 26, 2016, the parties executed Amendment No. 1 to the
Agreement, which, in material part, extended the term of the Agreement to June 30,
2017, increased CMB's contribution to the program from $20,000.00 to an amount not to
exceed $40,000.00 for the 2016-2017 Miami -Dade County Public school year, and
clarified other expenses and responsibilities related to the program; and
WHEREAS, on April 26, 2017, the Mayor and City Commission adopted
Resolution Number 2017-29809, approving and authorizing the City Manager to execute
Amendment No. 2 to the Agreement (Amendment); said Amendment, in material part,
extending the term of the Agreement to June 30, 2018 and increasing CMB's program
contribution to $62,000 for the 2017-2018 school year, for a total contract contribution, in
the amount not to exceed $122,000.
NOW THEREFORE, in consideration of the mutual promises and conditions
contained herein, and other good and valuable consideration, the sufficiency of which is
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hereby acknowledged, CMB, 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 amended (deleted items struck through and inserted
items underlined) as follows:
(a) The first WHEREAS clause of the Agreement is hereby deleted in its entirety
and replaced with the following:
WHEREAS, FIU and M-DCPS entered into an inter -institutional agreement
on October 3, 2013, as superseded, by agreement dated July 22, 2016, as
superseded by agreement dated H l 21 , 2017 (collectively, the
"M-DCPS-FIU Agreement") to promoteUeducational opportunities through the
dual enrollment program in Miami -Dade County which is attached as
Appendix A and incorporated herein by reference; and
(b) Section 1.01 of the Agreement is hereby deleted in its entirety and replaced
with the following:
1.01 Recitals. The parties agree that the foregoing recitals are true
and correct and that such recitals are incorporated herein by reference.
Accordingly, all of the provisions of the M-DCPS-FIU Agreement, attached
hereto as Exhibit A, are incorporated by reference into this Agreement.
(c) Section 1.02 of the Agreement is hereby deleted in its entirety and replaced
with the following:
1.02 Dual Enrollment (DE) Instructor: The credentialinq and
appointment of DE Instructors at Miami Beach Senior High School, which
may include FIU faculty/adjunct instructors, credentialed CMB Employees or
CMB Residents, or Courtesy Appointment Lecturers, such as Miami Beach
Senior High School Teachers, shall be provided by FIU, except that pursuant
to the Subsection 2.03(C) below, FIU shall provide opportunities to applicants
for DE Instructor positions based on their credentials and school priorities;
first, Miami Beach Senior High School Teachers; second, FIU Faculty/
Adjunct Instructor; third, credentialed CMB Employees; and fourth,
credentialed CMB Residents.
(d) 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
effective as of the last date signed by all parties through the 30th of June,
2018, unless the agreement is terminated earlier pursuant to Section 3.02
below or the M-DCPS-FIU Agreement is terminated. This Agreement may be
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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.
(e) Section 2.02 of the Agreement 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,
subject to the provisions of the M-DCPS-FIU Agreement, as said Agreement
may be amended from time to time. In the event that there is a conflict
between the provisions of this Agreement and the M-DCPS-FIU A reement
the provisions of the M-DCPS-FIU Agreement shall govern.
(f) Section 2.03 (B) of the Agreement is hereby deleted in its entirety and
replaced with the following:
2.03 B. Payment. The fees for the dual enrollment classes will be
allocated as follows:
1. M-DCPS shall pay FIU $1,500 for academic monitoring and oversight by
an FIU monitor (the Oversight fee) per unique dual enrollment course
tau ht b a Miami Beach Senior Hi•h School Teacher who serves as a
courtesy appointment lecturer for FIU. At the request of CMB and as
agreed upon by FIU, credentialed CMB Employees or CMB Residents
shall receive monitoring and oversight during the first semester of
instruction at the High School. The Oversightfee is waived when an FIU
faculty or adjunct instructor teaches the course, and during the first
semester of instruction, when a CMB Employee or Resident teaches the
course. FIU's APA will invoice the District for these Oversight fees two (2)
weeks after the registration period has ended.
2. If an FIU faculty/ adjunct instructor is hired to teach a class on the High
School campus, M-DCPS shall pay FIU a fee of $5,143.50 (i.e., $5,000
salar •lus 2.87 •ercent for benefits for the •rovision of educational
services.
3. CMB shall reimburse M-DCPS for the Benefits and FIU faculty/adjunct
instructor salary described in the preceding subsection 2.03(B)(2). With
respect to any courtesy appointment lecturer who is a High School
Teacher, CMB shall not be responsible for reimbursing M-DCPS for the
Benefits or the courtesy appointment lecturer's salary, but shall be
responsible for reimbursing M-DCPS for the Oversight Fee described in
subsection 2.03(B)(1), per unique dual enrollment course taught at Miami
Beach Senior High School. 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. CMB Contributions shall not exceed $62,000 in a given
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fiscal year (from October 1 of a given year to September 30 of a
subsequent year) and shall be subject to budget appropriation and
funding approval by the City Commission for each fiscal year.
4. In terms of future annual Dual Enrollment agreements, academic
monitoring and oversight fees, FIU faculty/adjunct cost, and/or the
introduction of other fees, will be re-evaluated annually in spring terms
within the context of FIU's availability of resources. Furthermore,
depending on the availability of such resources, any proposed change in
the fee structure will be communicated in advance, and in writing, to M-
DCPS prior to the renewal of Dual Enrollment agreement(s).
5. M-DCPS shall pay all student instructional material costs, with an
anticipated cost of $28,800 (in Spring of each school year based upon
240 enrolled students in six (6) dual enrollment classes).
(g) New Sections 2.03 (D), entitled "Policies and Procedures at the High School",
and 2.03 (E), entitled "Course Selection and Scheduling", are hereby added
to the Agreement, as follows:
D. Policies and Procedures at the High School. Prior to commencing any
class at the High School, a DE credentialed instructor shall meet with the
principal of the High School to discuss and acknowledge any site specific
policies and procedures of the High School, including, without limitation,
the Miami -Dade County public school attendance policies and
procedures, with which the DE instructor shall comply.
E. Course Selection and Scheduling. The High School principal shall select the
dual enrollment courses to be taught at the High School, so long as each
selected course is one of the dual enrollment courses identified in the M-DCPS-
FIU Agreement. (The list of courses, however, is subject to change.) The FIU
faculty/adjunct instructor will strictly adhere to the 2017-2018 M-DCPS' school
calendar and schedule, a copy of which is attached hereto as Exhibit B. The FIU
faculty/adjunct instructor shall provide instruction per the established class
schedule as determined by Miami Beach Senior High School for the Fall
semester, from August 21, 2017 through January 18, 2018, and for the Spring
semester, from January 22, 2018 through June 7, 2018.
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.
(The remainder of this page has been intentionally left blank.)
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IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be
executed by their appropriate officials, as of the date first entered above.
FOR THE CITY OF MIAMI BEACH:
(Corporate Seal) THE CIT- OF MIA
By:
BEACH:
Ji ti y L orales, City Manager
ATTEST:
By:
Rafa1 E. Granado, City Clerk
Date:
5
APPROVED AS TO
FORM & LANGUAGE
FMR E UTION
City AttorneyA Date
FOR THE SCHOOL BOARD OF MIAMI-DADE COUNTY:
(Corporate Seal)
THE SCHOOL BOARD OF MIAMI-DADE
COUNTY, MIAMI, FLORIDA:
By:
Arto M. rarv.,-Go, Supor-intendentof
Scho6l or his esignee Tab t a �'
Designee azzin®
Date: (Q\2 l 1 ti
Marie Izq
Chief Acad•mic Officer
Office of Academics and
Transformation
Date:
B
Iraida Mendez -cart a
Associate Superint: o ent
Office of Intergovernmental Affairs,
Grants Administration, and Community
Engagement
Date: `0/die/i7
Approved as to Form and Legal Content:
Date:
6
School Board Attorney
OGS-.,zol )--
RISK MANAGEMENT
R uIE AN R, APPROVED
1
°7
FOR THE FLORIDA INTERNATIONAL UNIVERSITY BOARD OF TRUSTEES:
(Corporate Seal)
THE FLORIDA INTERNATIONAL
UNIVERSITY BOARD OF TRUSTEES,
MIAMI, FLORIDA:
Date:
.D
cademic Affairs
9///iD/1-
Apprev,, d as to Form and Legal Sufficiency:
By:
afael G. Pro las
Senior University Counsel
Date: � h7
7
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Exhibit A
AGREEMENT
THIS AGREEMENT' is made and entered into as of this I day of 11,42.017 (the
Effective Date, which shall be the date this Agreement is fully executed), by and between
THE SCHOOL BOARD OF MIAMI DADE-COUNTY, MIAMI, FLORIDA
(hereinafter referred to as M-DCPS)
a body corporate and political subdivision of the State of Florida,
whose principal place of business is
Division of Academics, Office of Academics and Transformation,
Department of Advanced Academic Programs
1450 N.E. 2nd Avenue, Miami, Florida 33132
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
Academic Planning and Accountability, Modesto A. Maidique Campus
11200 S.W. 8th Street, PC 112, Miami, Florida 33199
WHEREAS, FIU and M-DCPS are encouraged by Section 1007.22, Florida Statutes
("Articulation; Postsecondary Institution Coordination and Collaboration") to enter into inter-
institutional agreements to maximize articulation;
WHEREAS, Florida Statutes Section 1007.271 ("Dual Enrollment Programs") now requires
school districts to pay the standard tuition rate per credit hour from funds provided in the Florida
Education Finance Program (FEFP) to a public post -secondary institution that delivers dual
enrollment instruction on its campus. The legislation also provides the opportunity for cost
reimbursement to the post -secondary institution for instruction occurring at school sites;
WHEREAS, generally, accelerated mechanisms include programs whereby eligible home
education, public and non-public school students are permitted to enroll in post -secondary
courses creditable toward a high school diploma and a vocational/technical certificate, or an
associate or baccalaureate degree;
1 This Agreement does not cover FIU's dual enrollment with South Florida's charter and private schools.
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July 20
MIAMI-DADE COUNTY PUBLIC SCHOOLa
2017-2018 SCHOOL CALENDAR
ELEMENTARY AND SECONDARY
MT
3
5
6 7
10 11
17 18
12
3
14
19
20
21
24
2
26
27
2
31
•
Cctoh r 2017• • .
106
17A
248
316
1 1A 128
1 3A
208
MTWTF •
4B
108
17A
24A
1 lA
5A
126
66
13A
25B
276
New Teachers Report
Teacher Planning Day
Teacher Planning Day - (No - Opt)
District -wide Professional Development Day
Exhibit B
September 2017
5A
6B
7A
8B
Ir
1 86
258
126
19
26
146
ISA
203
27B
M
126
66
13A
A
j48
IA
V•r.
26
9A
1
20A 216 22A 2
26A 276 28A
Recess Day
Beg/End of Grading Period
Secondary Early Release
Legal Holiday
For Information on employee opt days, please refer to back of calendar.
1E31E1E/
0 201
F
1111
11111
1B
4A
56
6A
1: ,
11
Row
14
la
18
19
20
21
Ea
25
26
27
28
29
Days In Grading
Period
140
2.44
343
4-47