Amendment No. 2 to the Agreement with School Board of Miami-Dade DocuSign Envelope ID:EFD1D697-7DDC-492C-A57E-0041BDF10E28
Reso #2019-30958
AMENDMENT NO.2 TO AGREEMENT
BETWEEN
THE SCHOOL BOARD OF MIAMI-DADE COUNTY,MIAMI,FLORIDA
AND
THE CITY OF MIAMI BEACH, FLORIDA
This Amendment No.2(the"Amendment") to the Agreement, dated November 8, 2019,
(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")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 NE 2nd Avenue Miami,Florida("M-DCPS"),(CMB and M-DCPS
may be i divi ally referred to as a Party or collectively as Parties), is entered into this
day of �/$ X21 I 5:32:444.ftffective Date):
RECITALS
WHEREAS, CMB entered into the Agreement with M-DCPS in order to deploy its
resources with M-DCPS and MDC 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"),and Miami Beach Nautilus Middle School
f/k/a.Nautilus Middle School(the"Middle School"); and
WHEREAS, on August 19, 2020, the Parties executed Amendment No. 1 to the
Agreement to continue the expansion of the program, as MDC resources permitted, by providing
dual enrollment classes at the High School and the Middle School, In order to provide 8th graders,
who attend the Middle School and Miami Beach Fienberg Fisher K-8 f/k/a Fienberg Fisher k-8
Center,with the opportunity to take dual enrollment courses at the Middle School(the Agreement
and Amendment No. 1 shall be collectively referred to herein as the"Agreement"); and
WHEREAS, on February 10, 2021,the Mayor and City Commission adopted Resolution
No.2021-31572, authorizing the addition of Florida International University(FIU)as an additional
provider of dual enrollment courses under the Agreement; and
WHEREAS, this Amendment will allow CMB to maximize the number of dual enrollment
course offerings for the 2020-2021 school year,based upon the approved budget for the program,
by adding FiU as an additional educational partner.
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 and M-DCPS 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:
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• (a) The first two whereas clauses of the Agreementare hereby deleted and replaced
with the:following whereas clauses
WHEREAS, to promote educational opportunities through the dual enrollment •
program in Miami-Dade County, Miami Dade College(MDC)and M-DCPS entered Into
the 2020-2021 Dual Enrollment Articulation Agreement(the."Articulation Agreement")In
July-2020,which Is attached as Exhibit A,and is incorporated herein by reference:and
WHEREAS; to promote educational opportunities through the dual enrollment.
program in :Miami-Dade County, Florida International University (FIU) and M-DCPS •
- entered' into the 2020-2021 Dual Enrollment Articulation:Agreement (the "Articulation
Agreement")in July 2020,which.is attached as Exhibit A, and is incorporated herein by
reference:and
WHEREAS:through this Agreement in partnership.with M=DCPS: CMB seeks to
combine Its resources with -M-DCPS, MDC, and. FIU in order to Increase the..
competitiveness of the students .attending Miami Beach Senior High School, ,by
• supporting the-dual enrollment programs at Miami Beach Senior High•School(the"High -
•School")•and Miami Beach Nautilus Middle School 'flk/a Nautilus Middle School-(the
"Middle.School"):and;
(b) Article I(Recitals and Definitions)is hereby amended to add a new subsection 1.07
(FIU .Faculty),as follows:
1,07 FIU Faculty;A,full-time or Dart-time member of the teachina faculty of FIU . .
(c) Any-references throughout this Agreement to MDC shall be deemed toalso refer,or
be applicable, to FIU: Any references throughout this Agreement to "Articulation
Agreement"shall collectively refer-to the MDC and FIU Articulation Agreements.
(d) A new Section 3.23, entitled E-Verify, ie hereby added to the Agreement, as
follows:
3.23 E-Verify, •
_ L M-DCPS shall comply with Section 448.095,Florida Statutes,"Emplovment Eligibility"
("E-VerifvStatute"),as may be amended from time'to.time...Pursuant.to the E-Verify
Statute..commencing.on January 1'.'2021..M-DCPS shall register with and use the E- :
Verify.system to verify the'work authorization status of all newly hired employees
during the term of the Agreement. .Additionally, M-DCPS'shall expressly reauire-.anv
subcontractor performing'workor providing services pursuant to the.Agreemeht to .,
likewise utilize'the U.S.Department of Homeland Security's E-Verify system to'verify
the emplovment'elioibility of all new employees hired.bvthe subcontractor during the-
contract term. If M-DCPS enters Into a contract with an approved subcontractor,the
subcontractor must provide M-DCPS with.an affidavit statins that•the subcontractor-
does not.employ,.contract with, or subcontract with an unauthorized'alien. M-DCPS
shall maintain a copvof such affidavit for the_duration of the-Agreement or such other
. extended period as may be required under this Agreement. •
B•TERMINATION RIGHTS. •
• a- If CMB has a good faith belief that M-DCPS has knowinglv_violated Section
I . . .
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• 448.09(11.-Florida Statutes, CMB shall terminate this Agreement with M-
DCPS for cause,and CMB shall thereafter have or owe no further obligation
or liability to M-DCPS.
I') If CMB has a good faith belief that a subcontractor has knowingly violated
Section 3.23(A). but M-DCPS otherwise complied with such section, CMB
will promptly notify M-DCPS and order M-DCPS to immediately terminate
the Agreement with the subcontractor. M-DCPS's failure to terminate a
subcontractor shall be an event of default under this Agreement, entitling
CMB to terminate M-DCPS's contract for cause.
u A contract terminated under the foregoing.Subsections(B)(1)or(B)(2)is not
jn breach of contract and may not be considered as such.
CMB or M-DCPS or.a subcontractor may file an action with the Circuit or
County Court to challenge a termination under the foregoing Subsections
jB)(1) or(B)(2) no later than 20 calendar days after the date on which the
contract was terminated.
(5 If CMB terminates the Agreement with M-DCPS under the foregoing
Subsection (B)(1), M-DCPS may not be awarded a public contract for at
feast 1 year after the date of termination of this Agreement.
M-DCPS is liable for any additional costs incurred by CMB as a result of the
termination of this Agreement under this Section 3.23.
(e) A new Section 3.24,entitled Inspector General Audit Rights,is hereby added to the
Agreement,as follows:
3.24 inspector General Audit Rights.
l'A)Pursuant to Section 2-256.of the Code of the City of Miami Beach, CMB has
established the Office of the Inspector General which may. on a random basis,
perform reviews, audits, Inspections and investigations on all. CMB contracts,
throughout the duration of said contracts. This random audit is separate and distinct
from any other audit performed by or on behalf of CMB.
LB)The Office of the Inspector General is authorized to investigate CMB affairs and
empowered to review past, present and proposed CMB programs, accounts.
records.contracts and transactions.In addition,the Inspector General has the power
to subpoena witnesses, administer oaths, require the production of witnesses and
monitor CMB protects and programs. Monitoring of an existing •CMB project or
program may Include a report concerning whether the protect is on time, within
budget and in conformance with the contract documentsand applicable law. The
inspector General shall have the power to audit, investigate, monitor. oversee,
inspect and review operations, activities, performance and procurement process
including but not limited to protect design, bid specifications, (bid/proposat)
submittals,activities of M-DCPS,its officers,agents and employees,lobbyists.CMB
staff and elected officials to ensure compliance with the contract documents and to
detect fraud and corruption. Pursuant to Section 2-378 of the.City Code, CMB is
allocating a_percentage of Its overall annual contract expenditures to fund the it
activities and operations of the Office of Inspector General.
Sj Upon ten (10) days written notice to M-DCPS, M-DCPS shall make all requested
records and documents available to the inspector General for inspection and
copying.The Inspector General is empowered to retain the services of independent
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private sector auditors to-audit; investigate; monitor, oversee,inspect and review• -
operations activities"performance and procurement process Including but not limited
'• to•proiect design.bid specifications:.{bid/proposal)submittals;activities of M-DCPS, .
- Jts officers..agents and empiovees, lobbyists CMB staff and .elected officials to
ensure compliance with the contract documents and to detect fraud and corruption. .
' IQ)The Inspector General shall..have the right,to inspect and copy all documents and
records in M-DCPS'i ossession.custody or control Which in the Inspector General's
. sole-ludament, pertain'to performance off-the contract.including. but-not limited'to
. . original estimate files, chance order-estimate files, worksheets, proposals and .
•
- agreements from.:and with-successful subcontractors and .suppliers;,all:project
related correspondence,_ memoranda,• instructions, financial_ documents,
construction documents: (bid/proposal) and contract..documents.-.back-chance
documents, ;all documents_ and records -.which involve cash. trade. or volume
discounts; insuranceproceeds: rebates, or. dividends received, payroll -ant
personnel records and supporting documentation'for the•aforesaid documents and
records.
. M=DCPS -shall make available at its office at•all reasonable times the records,
' materials, and -other evidence regarding the •acquisition (bid :preparation)_ and
- performance of this Agreement;for examination, audit,,or eproduction..until three
(3)years after final payment under this'Agreement or foranv lonaer.neriod required :
- by statute-or by-otherclauses of this Agreement In addition:
.
I.. If this Agreement is completely or partially terminated,-M-DCPS shall make
. . . available records relating'to the Work terminated until three(3)years after
anv'resultina final termination settlement and
-11. M=DCPappeals S shall make •available records relatino toppeals or to litigation or' •
thesettlement of claims arising under.or relating to this Agreement until • - ••
' • such appeals;litigation.or claims are finally resolved. • -
in The Provisions in this section shall appivto M-DCPS,.Its officers;agents,employees, . -
.- subcontractors:-and suppliers. M-DCPS"shall incorporate the provisions in-this -
. section in all subcontracts- and all other agreements executed by M-DCPS-in
. - . .connection with the performance of.this Aareement. • - .
Nothina in this section shall impair any Independent right to CMB:to conduct audits
or investicativeaativities.The provisions of this section are.neither intended nor shall
they be construed to impose any liability on CMB by M-DCPS.or third parties, -
3.RATIFICATIQii,
- Except as amended herein,:all other terms and conditions of the Agreementshall 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. •
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DocuSign Envelope ID:EFD1 D697-7DDC-492C-A57E-0041 BDF10E28
IN WITNESS WHEREOF,the parties hereto have caused this Amendment to be
executed by their appropriate officials, as of the date first entered above.
EOR THE-CITY OF MIAMI BEACH:
(CorporateSeal) CITY.OF MIAMI BEACH, FLORIDA:
. . . . E—DocuSigned by: _ p—DS DS. . . .
By: a Num Mme :
Aliritt ' fYit9`e'k; City Mariag
ATTEST: pDocuSigned by:
By: 0FQa arliNgVel-
RafairE1.111Pitilado, City Clerk
5/8/2021 1 5:32 AM EDT
Date:
APPROVED TO
FORM& GUAGE
ECUTION
ity AItarnay Dote
DocuSign Envelope ID:EFD1D697-7DDC-492C-A57E-0041BDF10E28
FOS IHE CHOOL BOARD OF MIA I-DADE COUNTY
I ,
(Corporate Seal) THE SCHOOL BOARD OF MIAMI-DADE
COUNTY, MIAMI,FLORIDA:
By: #"
Alberto M:.Carvalho,
Superintendent of
Schools
Date: 5/5/21
ATTEST:.
By4 .Maus zquie. ---- !via J. Diaz
Chief Academic • 'cer
Office of Academics and .
Transformation
Date: 4/14/2021
By.
As- ve-Su?teflderd Chief Intergovernmental
iee-ef-1 ge'defflr lent ai- Affairs and Compliance
Officer,
eirs-,Granto-Ackn f•Tisti'atlennrand-.
oemreunity-E }ageme t Office of Intergovernmental
Affairs and Compliance
Date:
Approved as to Form and Legal Sufficiency:
D:011eUffiOnedbyA6lGnupel0
D:ktn4Apd fr.u➢�e.o4lhod awido,
(^J 1.NoiO>deCaunly,fbdde,ou499Aq, _
em.WSnugnIdidelthooltm4c4If
D11Y7011A1.13 them 44w
School Board Attorney.
Date:
idavlla@dadeschaols.net7ONlceofRiskandBents0-71
^"� Management
2021.04.1208:13:26-04'00'
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