Amendment No. 5 to the Agreement among THE SCHOOL BOARD OF MIAMI DADE COUNTY and THE CITY OF MIAMI BEACH and THE FLORIDA INTERNATIONAL UNIVERSITY BOARD OF TRUSTEES 2019 - 30956
AMENDMENT NO. 5 TO AGREEMENT
AMONG
THE SCHOOL BOARD OF MIAMI-DADE COUNTY, MIAMI, FLORIDA
And
THE CITY OF MIAMI BEACH, FLORIDA
And
THE FLORIDA INTERNATIONAL UNIVERSITY BOARD OF TRUSTEES, MIAMI,
FLORIDA
This Amendment No. 5 (the "Amendment") to the Agreement, dated March 19, 2015,
as amended by Amendment No. 1, dated May 26, 2016, and Amendment No. 2, dated
October 25, 2017, Amendment No. 3, dated November 27, 2018, and Amendment No. 4,
dated October 8, 2019(collectively, the"Agreement"), by and among 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 NE 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 SW 8" Street, Miami, Florida 33199 ("FIU") (CMB, M-DCPS and FIU may
be i dividually referred to as a party or collectively as parties), is entered into this L day
of ....(,)._ , 2020 (Effective Date):
RECITALS
WHEREAS, FIU and M-DCPS entered into an inter-institutional agreement in the
summer of 2020(the"M-DCPS-FIU Agreement")to promote educational opportunitiesthrough
the dual enrollment program in Miami-Dade County, a copy of which is attached as Exhibit A
and incorporated into this Agreement by reference;
WHEREAS, in accordance with the M-DCPS-FIU Agreement, CMB seeks to deploy
its resources with M-DCPS and FIU in order to increase the competitiveness of the students
of Miami Beach Senior High School by nurturing and supporting the dual enrollment programs
taught at Miami Beach Senior High School (the "High School"), Nautilus Middle School (the
"Middle School") and the Fienberg Fisher K-8 Center(the""K-8 Center") ; and
WHEREAS, the parties desire to again amend the Agreement to continue the
expansion of the program, as FIU resources permit, by providing dual enrollment classes at
the Middle School, in order to provide 8th graders, who attend the Middle School and the K-8
Center, with the opportunity to take dual enrollment courses at the Middle School, and to
establish guidelines for CMB to financially support the dual enrollment courses taught at the
High School and Middle School.
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, CMB, M-DCPS and FIU hereby agree to amend the Agreement as follows:
1
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 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 30`h of June, 2021. unless the Agreement is
terminated earlier pursuant to Section 3.02 below or the M-DCPS- FIU
Agreement is terminated. This 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.
(b) Section 2.03 of the Agreement Section E is hereby deleted in its entirety and
replaced with the following:
E. Course Selection and Scheduling. The High School or Middle School principal
shall select the dual enrollment courses to be taught at the High School or Middle
School, as applicable, provided that the courses are selected from the dual
enrollment courses identified in the M-DCPS-FIU Agreement (the list of courses
is subject to change). The dual enrollment courses offered at the High School
shall be accessible to all university/college eligible students and may not be
restricted to students enrolled in a specific high school academy or program and
must be offered as courses accessible to the entire student population based on
university eligibility. The FIU faculty/adjunct instructor will strictly adhere to the
2020-2021 Miami-Dade County Public Schools 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 the High
School or Middle School for the Fall semester, from August 17, 2020 through
January 22, 2021, and for the Spring semester, from January 25. 2021 through
June14, 2021.
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 IS INTENTIONALLY LEFT BLANK.
2
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) CITY OF IAMI BEA f H , FLORIDA:
it
BY: h_
Jim L. Mo,al•s, City Manager
ATTEST:
Raf._ - . Granado, City Clerk
Date: )ti( 4 2. ; 2—o-Zo
440
•PPP• AS TO
FO '�"ANGUAGE
+, ••••EXECUTION
3
aDdLD
Cily Attorney Do e
`N)1.1
FOR THE SCHOOL BOARD OF MIAMI-DADE COUNTY:
(Corporate Seal) THE SCHOOL BOARD OF MIAMI-DADE
COUNTY, MIAMI,FLORIDA:
By: dr.
Alberto M. Carvalho,
Superintendent of
Schools
7/9/20
Date:
ATTEST:
By:
Marie Izquierdo
Chief Academic Officer
Office of Academics and
Transformation
Date: 7/8/2020
By: �,:, 4 :1,01=; -� -yt�.
Iraida Mendez-Cartay (/
Associate Superintendent
Office of Intergovernmental Affairs,
Grants Administration, and Community
Engagement
Date: 7/9/20
Approved as to Form and Legal Sufficiency:
Di9iullysigned"";Graupera
ON'<n_hllll Graupera, SCM1od Board o(Miami
�,�({ �\�� Dade County,non.,ou,BF0.
?LMU[�V emW=praupera'dadeuhook.ner,i=us
Dai.zozo ozBr i:msa droll•
School Board Attorney
Date:
jdavila@dadeschools.net
Office of Risk and Benefits
'- i 2.. Management
2020.07.02 16:20:07-04'00'
4
DocuSign Envelope ID:A9625E2B-A14E-4628-96E0-4FF4FFAB1 D22
FOR THE FLORIDA INTERNATIONAL UNIVERSITY BOARD OF TRUSTEES:
(Corporate Seal) THE FLORIDA INTERNATIONAL
UNIVERSITY BOARD OF TRUSTEES,
MIAMI,FLORIDA:
SDS
DocuSigned by:
lit„ j o r
By. CfLii,)0194
roasnutaaThM.4
Elizabeth ejar, Ph.D.
Senior Vice President for Academic and
Student Affairs
Date: July 9, 2020
Approved as to Form and Legal Sufficiency:
—Dod by:
By —SADE iesSuCDHaeE..
Rafael G. Prohias
Senior University Counsel
July 1, 2020
Date:
5
RESOLUTION NO. 2019-30958
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING, IN THE FORM
ATTACHED TO THIS RESOLUTION, AN AGREEMENT BETWEEN THE
CITY AND MIAMI-DADE COUNTY SCHOOL BOARD TO PROVIDE
DUAL ENROLLMENT COURSES FOR THE 2019-2020 SCHOOL YEAR,
THROUGH MIAMI-DADE COLLEGE, FOR COLLEGE CREDIT FOR
EIGHTH GRADE STUDENTS ATTENDING MIAMI BEACH NAUTILUS
MIDDLE SCHOOL F/K/A NAUTILUS MIDDLE SCHOOL, MIAMI BEACH
FIENBERG-FISHER K-8 CENTER F/K/A AS FIENBERG FISHER K-8
CENTER, AND FOR 9TH, 10TH, 11TH AND 12TH GRADE STUDENTS
ATTENDING MIAMI BEACH SENIOR HIGH, IN AN AMOUNT NOT TO
EXCEED $28,000 ("CITY'S CONTRIBUTION"); AND APPROVING THE
FUNDING OF THE CITY'S CONTRIBUTION FOR THE 2019-2020
SCHOOL YEAR FROM THE CITY'S 2018-2019 FY BUDGET; AND
APPROVING THE CITY'S CONTRIBUTION TO THE PROGRAM
FOR EACH SUBSEQUENT SCHOOL YEAR, SUBJECT TO FUNDING
APPROVAL DURING THE CITY'S BUDGETARY PROCESS AND
PROVIDED THAT THE CITY'S CONTRIBUTION AMOUNT DOES NOT
EXCEED $28,000; AND FURTHER AUTHORIZING THE CITY MANAGER
AND CITY CLERK TO EXECUTE ANY AND ALL REQUIRED
AGREEMENTS AND DOCUMENTS TO IMPLEMENT THE PROGRAM.
WHEREAS, the Education Compact with Miami-Dade County Public Schools
("M-DCPS"), established on January 16, 2008 ("Education Compact"), 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 youth; and
WHEREAS, the graduation rate at Miami Beach Senior High School (MBSH) in
2016 was 82.5%, a 16.2% increase from 2011; and
WHEREAS, in order to increase academic support and achievement, the
Education Compact seeks to identify and pursues the implementation of best practices
strategies to increase the graduation rate at MBSHS; and
WHEREAS, dual enrollment is a program that allows eligible high school and
middle school students currently attending accredited Miami-Dade County public
schools, private high schools, or home schools, to enroll in a college course while
attending high school or middle school; and
WHEREAS, the credits that students earn in the dual enrollment program must
be applicable toward a high school diploma and postsecondary educational title, such
WHEREAS, at the July 13, 2016 City Commission meeting, a discussion relating
to the expansion of dual enrollment options at Nautilus Middle School and Miami Beach
Senior High School, was referred to the Neighborhoods/Community Affairs Committee
("NCAC");
WHEREAS, at its July 15, 2016 meeting, the NCAC unanimously recommended
the enhancement in the City's 2016-2017 fiscal budget; and
WHEREAS, at its July 22, 2016 meeting, the FCWPC unanimously
recommended expanding the dual enrollment program; and
WHEREAS, on August 26, 2016, the Mayor and City Commission adopted
Resolution Number No. 2016-29537, accepting the recommendations of the FCWPC
and the NCAC, and authorizing the City to execute an agreement with Miami Dade
College and M-DCPS, to provide dual enrollment courses taught at Miami Beach
Senior High School (the "High School"), for 9th and 10th grade students attending the
High School, and at Nautilus Middle School (the "Middle School"), for 8th grade
students attending the Middle School and Fienberg Fisher K-8 Center during the
2016-2017 school year; and
WHEREAS, on January 4, 2017, the City, M-DCPS, and Miami Dade College
executed an agreement to provide these dual enrollment courses, providing for a total
City contribution of $13,000 in fiscal year 2016-2017; and
WHEREAS, on December 10, 2018, the City and M-DCPS executed another
Agreement to provide these dual enrollment courses, providing for a total City
contribution of$28,000 in fiscal year 2018-2019; and
WHEREAS, on June 5, 2019, the Miami Dade County Public School Board
adopted a resolution relating to Item D-67, renaming Biscayne Elementary School to
Biscayne Beach Elementary School; South Pointe Elementary to Miami Beach South
Pointe Elementary; Nautilus Middle School to Miami Beach Nautilus Middle School; and
Fienberg Fisher K-8 Center to Miami Beach Fienberg Fisher K-8; and
WHEREAS, the Administration recommends the City continue the program and
contribute a total amount of$28,000 for instructor salaries ("City's Contribution"), with
M-DCPS contributing approximately $18,000 for textbooks, based on six (6) classes
for the 2019-2020 School Year and subsequent school years, subject to funding
approval during the City's annual budgeting process; and
WHEREAS, the Administration recommends that the Mayor and City
Commission approve, in substantial form, the agreement, incorporated herein by
reference and attached hereto as Exhibit "1."
AMENDMENT NO. 4 TO AGREEMENT
AMONG
THE SCHOOL BOARD OF MIAMI-DADE COUNTY, MIAMI, FLORIDA
And
THE CITY OF MIAMI BEACH, FLORIDA
And
THE FLORIDA INTERNATIONAL UNIVERSITY BOARD OF TRUSTEES, MIAMI, FLORIDA
This Amendment No. 4(the"Amendment") to the Agreement, dated March 19, 2015,
as amended by Amendment No. 1, dated May 26, 2016, and Amendment No. 2, dated
October 25, 2017, and Amendment No. 3, dated November 27, 2018, (collectively, the
"Agreement"), by and among 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 NE 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 SW 8`h Street,
Miami, Florida 33199 ("FIU") (CMB, M-DCPS and FIU may be individually referred to as a
party or collectively as parties), is entered into this H l day ofac7 , 2019
(Effective Date):
RECITALS
i
WHE EASIU and M-DCPS entered into an inter-institutional agreement in the
summer of 2018 (the "M-DCPS-FIU Agreement") to promote educational opportunities
through the aLenrollment program in Miami-Dade County, a copy of which is attached as
Exhibit A and incorporated into this Agreement by reference;
WHEREAS, in accordance with the M-DCPS-FIU Agreement, CMB seeks to deploy
its resources with M-DCPS and FIU in order to increase the competitiveness of the students
of Miami Beach Senior High School by nurturing and supporting the dual enrollment
programs taught at Miami Beach Senior High School (the "High School"), Nautilus Middle
School (the"Middle School")and the Fienberg Fisher K-8 Center(the""K-8 Center") ;and
WHEREAS, the parties desire to again amend the Agreement to continue the
expansion of the program, as FIU resources permit, by providing dual enrollment classes at
the Middle School, in order to provide 8'h graders, who attend the Middle School and the K-8
Center, with the opportunity to take dual enrollment courses at the Middle School, and to
establish guidelines for CMB to financially support the dual enrollment courses taught at the
High School and Middle School.
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, 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.
1
2. MODIFICATIONS,
The Agreement is hereby amended (deleted items struck through and inserted items
underlined)as follows:
(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 effective as of the last
date signed by all parties through the 30`h of June, 2020, unless the Agreement is
terminated earlier pursuant to Section 3.02 below or the M-DCPS- FIU Agreement is
terminated. This 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.
(b) Section 2.03 of the Agreement Section E is hereby deleted in its entirety and replaced
with the following:
E. Course Selection and Scheduling, The High School or Middle School principal
shall select the dual enrollment courses to be taught at the High School or Middle
School. as applicable, provided that the courses are selected from the dual
enrollment courses identified in the M-DCPS-FIU Agreement (the list of courses
is subject to change). The dual enrollment courses offered at the High School
shall be accessible to all university/college eligible students and may not be
restricted to students enrolled in a specific high school academy or program and
must be offered as courses accessible to the entire student population based on
university eligibility. The FIU faculty/adjunct instructor will strictly adhere to the
2019-2020 Miami-Dade County Public Schools 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 the High
School or Middle School for the Fall semester, from August 19, 2019 through
January 17, 2020, and for the Spring semester, from January 21, 2020 through
June 3, 2020.
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 IS INTENTIONALLY LEFT BLANK.
2
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:
i
(Corporate Seal) CITY O' MIAM11 B. ACH, FLORIDA:
t
By:
Ji i, y L. lorales, City Manager
ATTEST:
By: Al
R.• ael Granada City Clerk
Date: I G/i l 11.4
,j". It 1 g�.
.410 Nr p
rt.:*711.:::,.
�`i`" ,;ORA t�r✓ * ri
-.7I 1 '4
a.•3 TO
OR' ' , ,\!GUAGE
• •,, -;=.ECUTION
3 _it: Ylei?
ity Attorne
..
L
FOR THE SCHOOL BOARD OF MIAMI-DADE COUNTY:
•
•
(Corporate Seal) THE SCHOOL BOARD OF MIAMI-DADE
COUNTY, MIAMI,FLORIDA:
��
y: /f/y/- i(,•'
A4-`•► • M. Carvalho,
•erintendent of
Schools
Date: 1414R
ATTEST:
BY: \ 411 /AL.,_ij %
Mane IzAvei•1:
Chief Ac.:d tic Officer
Office of Academics and
Transformation
Date: 9 Z i• :0i9
By. L u Air_,i-'K ,
Iraida Mendez-Cartay=
Associate Superinte d:nt
Office of Intergovernmental Affairs,
Grants Administration, and
Community Engagement
Date: X// // C
Approved as to Form and Legal Sufficiency:
1. i
School Board A ttorney
RI • ' A NAG MENT
RA I W D 'ND `PPROVED Date: c q)i2 )VG)
gi li1 • q,, 8/(6,7(
I4
FOR THE FLORIDA INTERNATIONAL UNIVERSITY BOARD OF TRUSTEES:
(Corporate Seal) THE FLORIDA INTERNATIONAL
UNIVERSITY BOARD OF TRUSTEES,
MIAMI,FLORIDA:
By:
lizabet L. . :ejar, .1.
Senior Vice President for Academic and
Student Affairs
Date: .D/1
Approved as to Form and Legal Sufficiency:
BY: Adr.
-
IGPio 'as
Sen or University Counsel
Date:
5