Interlocal Agreement with The School Board of Miami Dade County DocuSign Envelope ID:82B984F8-A75F-4B79-8349-262391374099
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Resolution #2019-30840
"NTERLOCAL AGREEMENT FOR VOLUNTARY PRE-KINDERGARTEN(VPK) •
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THIS INTERLOCAL AGREEMENT(Agreement)is made and entered into as of this 2 day of A U 9S T •
2021,(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")
(collectively referred to as the"Parties")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,the Parties executed an Interlocal Agreement,dated February 18,2016,in which the City provided
funding to M-DCPS for one prekindergarten classroom("VFW')at each of the following schools: Biscayne Elementary
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School and FienberglFisher K-8 Center;and
WHEREAS,on April 11,2018,the Mayor and City Commission adopted Resolution No.2018-30259,removing
E the VPK classroom at Fienberg/Fisher K-8 Center and reducing the funding for Biscayne Elementary School to an amount
not to exceed$35,000 for the personnel costs contingent on M-DCPS funding the remaining costs;and
WHEREAS,on June 26,2018,M-DCPS and the City executed Amendment No.1;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;and
WHEREAS, on June 5, 2019, the Mayor and Commission adopted Resolution No. 2019-30840, approving
Amendment No. 2 to the agreement with two(2) additional one-year extensions by mutual agreement of the parties,
providing funding for one VPK classroom at Biscayne Beach Elementary School for the 2019-2020 school year in the
amount not to exceed$35,000;and
WHEREAS,instead of proceeding with Amendment No.2 to the agreement,the Parties agreed to enter into a new
Interlocal Agreement on January 3,2020;and •
WHEREAS, Prekindergarten services offered at Biscayne Beach Elementary School under the terms of this
Agreement may be accessed by City of Miami Beach resident children from the four targeted schools(Biscayne Beach
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.
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:
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ARTICLE 1—RECITALS AND DEFINITIONS
1.01 Recitals
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 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 ouniculum 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:
• 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,Biscayne Beach Elementary School will house one CMB VPK classroom, M-DCPS will •
implement current VPK Program registration guidelines for the classroom funded by the City. Services at this school
may be accessed by City of Miami Beach resident children from the four targeted schools(Biscayne Beach Elementary
School,Miami Beach Fienberg/Fishcr K-8 Center,North Beach Elementary School and Miami Beach South Pointe
Elementary School)following the Registration 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 1 of 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 classroom
identified in this Agreement,CMB will fund the Prekindergarten Enrichment Program to operate under the same
procedures as all M-DCPS PrekindergartenEnrichment Programs as follows: (1)CMB shall contribute up to one half
of the personnel costs,in an amount not to exceed$35,000;and(2)M-DCPS shall fund the remaining costs of this
VPK classroom. 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.
1.0S 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(IIQ)paraprofessional.Teachers and paraprofessionals must attend training in the delivery of the District's
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VPK program curriculum, the administration of the Florida VPK Assessment ; and Florida Early Learning and
Developmental Standards for Four-Year-Olds.
1.06 Registration and Lottery Procedures •
Attached hereto and incorporated heroin as Exhibit B is the City of Miami Beach VPI(Choice Classes Application.
If needed, all lottery registration deadlines and procedures will be established and followed according to the
Department of Early Childhood Programs guidelines,for this CMB funded VPK class.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 two options: not
interested or Biscayne Beach Elementary School.Parents of students not selected through the home school lottery will
be notified via letter from the home school of the VPK Choice option for the Miami Beach funded VPK Class at
Biscayne Beach Elementary School. The choice application may then be submitted for the lottery selection process.
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Lottery Participation Requirements
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.
Final Roster for Selected Students
A final roster is completed based on the names of children selected during the lottery.
Waiting List/Onen 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
CMB shall contribute up to one half of the personnel costs,in an amount not to exceed$35,000;and(2)M-DCPS shall fund
the remaining costs of this VPK classroom.
Attached hereto and incorporated herein as Exhibit A. is the Salary Range without fringe benefits for teachers and
paraprofessionals. School Board shall provide the actual personnel salaries,fringe benefits and indirect costs to CMB for
the applicable school year. CMB shall render payment to the School Board for the actual personnel salaries,fringe benefits,
and indirect costs,for which CMB is responsible under this Agreement,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,in an amount not to exceed
CMB's responsibility for personnel costs,as delineated herein.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 VPK classroom shall be non-refundable with the exception of any changes made
in thepersonnel line item which would require a reimbursement or a refund at the closeout of the fiscal year.
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2.02 Term of Agreement •
The teen of this Agreement shall be effective July 1,2021 and shall end on Tune 30,2022. 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 February 1 •
•• 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
Shalt be governed by the provisions of Section 1.03 of this Agreement.
ARTIrLE 3— GENER4L CONDTTIONA
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
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 arc 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 bo 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.
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3.05 Equal Opportunity Provision
The Parties agree that no person shall be subjected to discrimination because of age,race,color,disability,gender identity,
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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.B.2nd Avenue,Suite 912
Miami,Florida,33132
j With a copy to: Dr.Sylvia Diaz
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: Waiter Harvey
School Board Attorney •
Miami-Dade County Public Schools
1450 N.E.2nd Avenue,Suite 430
Miami,Florida,33132
To CMB: Aline T.Hudak
City Manager
City of Miami Beach
1700 Convention Center Drive,45%Floor
Miami Beach,Florida 33139
With copies to: City Attorney
City of Miami Beach '
1700 Convention Center Drive,45.Floor
Miami Beach,Florida 33139
Dr.Leslie Rosenfeld
Chief Learning Development Officer •
City of Miami Beach
1700 Convention Center Drive,3j5 Floor
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Miami Beach,Florida 33139
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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
is 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,
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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;(o)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
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.
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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.
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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
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 lank
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,
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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.
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The Parties hereto have made and executed this Agreement on the date last signed below.
THE SCHOOL BOARD OF MIAMI-DADS
COUNTY,FLa'• '
By: a•t Fazzino
.111, ... ......--:--• .• ' , his Desigl SIGNEE
Date: 6/28/2021
ATTEST: i/lw
By: Dr.Sylvia J.
Chief Academic Officer or Designee
Date: 6/28/2021
Approved as to Form and Legal Sufficiency:
Ma24. .N/]IIOlu11fE1fIMc'M.1w1Mv�ll V 1
School Board Attorney
Date:
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Digitally Davila
,LOoeneTtgainOdc9eeomfRen:tand
Dale:2021.06.2215:13:27.04'00'
THE CITY OF MIAMI BEACH:
,—DS DS
By: JVy`r i P� (
Alina T.Hud: ,City Manager
Date: 7 ' 3o - 021
ATTEST:
By. 4
Rafael E.Granado,City Clerk
fa
Date: D / 'Z-T Z
Approved as to Form&Language&
F e r Execut'••• •r '`''.%%% q Ni
City Attorney Ti "r '..0
Date: 0 ' INCORP ORATED: *E
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