Grant Program Agreement with The School Board of Miami-Dade County, Florida DocuSign Envelope ID:6FCC651D-8595-4454-A0F9-BA2EFD550C73
Reso 2021-31788
F,R Apr2.0L 2122.
GRANT PROGRAM AGREEMENT
BETWEEN
THE CITY'OF MIAMI BEACH
AND
THE SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA
4.14
THIS GRANT AGREEMENT ("Agreement") is entered into as of12/12/2022 120 PM EST
between the CITY OF MIAMI BEACH, a Florida municipal corporation, located at 1700 Meridian
Avenue, Miami Beach, Florida ("City"), and THE SCHOOL BOARD OF MIAMI-DADE COUNTY,
FLORIDA, a political subdivision existing under the laws of the State of Florida, located at 1450
NE 2nd Avenue, Miami, Florida 33132, its successors and assigns ("Board"), (collectively the
"Parties").
WITNESSETH:
WHEREAS,the City desires to fund and implement the Miami Beach Adult and Community '
Education Scholarship Program for City residents, enrolling at the Miami Beach Adult and
Community Education Center for Winter 2022, Spring 2023,and Fall 2023(the"Grant"); and
WHEREAS, the School Board of Miami-Dade County, Florida("Board")desires to provide
the Scope of Services ("Services" or"Program") listed below; and
WHEREAS, the City desires to engage the Board to render Services to those in need.
NOW, THEREFORE, the Parties agree as follows:
ARTICLE I
SCOPE OF SERVICES
The Board shall provide educational services to City residents enrolled at the Miami Beach
Adult and Community Education Center pursuant to the "Miami Beach Adult and Community
Education Center Scholarship Program", including but not limited to the following:
Provide eligible students with scholarships in the amount of Thirty Dollars
($30) each to cover the cost of English for Speakers of Other Languages
(ESOL)or Graduate Equivalency Degree for Winter 2022, Spring 2023, and
Fall 2023.
ARTICLE II
CONDITION OF SERVICES
The Board agrees to the following:
a) The Services shall benefit City of Miami Beach residents.
b) Eligible students shall be:
1. City of Miami Beach residents; and
2. Enrolled at the Miami Beach Adult and Community Education Center; and
3. Register for courses at Miami Beach Adult and Community Education Center
DocuSign Envelope ID:6FCC651D-8595-4454-A0F9-BA2EFD550C73
at Miami Beach Fienberg Fisher Site, Miami Beach Adult and Community
Education Center at Biscayne Beach Elementary Site; Police Athletic League
Site, or North Shore Activity Center Site; and
4. Be enrolled in ESOL, or GED classes; and
c) Eligible programs provided shall be:
1. English for Speakers of Other Languages (ESOL): The purpose of the Adult
ESOL program is to"assist immigrants and other individuals who are English
language learners in: improving their reading,writing, speaking, listening, and
comprehension skills in English, mathematics and an understanding of the
American system of government, individual freedom, and the responsibilities
of citizenship." In addition, the Adult ESOL program is "designed to lead to
attainment of a secondary school diploma or its recognized equivalent and
transition to postsecondary education and training; or employment." Adult
Education and Family Literacy Act (AEFLA), Title II, Section 202, Workforce
Investment and Opportunity Act(WIOA), 2014; and
2. General Equivalency Degree (GED): The GED® Preparation Program
consists of four content-area assessments: Reasoning through Language
Arts (RLA), Mathematical Reasoning, Science, and Social Studies. The
purpose of the program is to prepare students to obtain the knowledge and
skills necessary to pass the official GED®subtests and be awarded a State
of Florida High School Diploma. Additional performance levels will certify that
the adult student is career and college ready.This program strives to motivate
students not only to obtain a State of Florida High School Diploma via passage
of the four GED®subject area tests, but to continue their education to earn a
postsecondary degree, certificate, or industry certification. The Reasoning
through Language Arts (RLA) course of the GED® Preparation Program
prepares students to pass the GED® RLA Test. This test will focus on the
fundamentals in three major content areas: Reading, Language Arts and
Writing. Students will achieve the ability to read closely, the ability to write
clearly, and the ability to edit and understand the use of standard written
English in context.
d) The Board shall forward a list of students participating in the Program to the City
Manager's Designee to ensure that all students are valid Miami Beach residents.
Unless otherwise stated, the City Manager's Designee under this Agreement is
Dr. Leslie Rosenfeld, Chief Learning and Development Officer for the City of
Miami Beach.
e) Upon confirming the Miami Beach residency of all Program applicants, the City
shall issue the Board with a notice to proceed.
f) The City will review and process all $30 registration reimbursement requests
received not to exceed the total amount of the Grants funds referenced in Article
III.
ARTICLE III
TERM OF AGREEMENT
This Agreement shall be deemed effective upon execution by both parties, and shall
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terminate on September 30,2023.
ARTICLE IV
DEFAULT
a) For purposes of this Agreement(and the documents referenced or incorporated
herein), a default shall include without limitation the following acts or events of the Board, its
agents and employees, as applicable and as further detailed below:
1. Failure to commence services within thirty (30) days from the date of this
Agreement,
2. Failure to provide the documentation required to make the final payment of
the Grant within thirty(30)days from this Agreement's expiration date.
3. Failure to comply with applicable federal, state and local regulations and
laws.
4. Breach of any of the terms and conditions of this Agreement.
5. Insolvency or bankruptcy.
6. Failure to maintain the insurance required by the City as described in Article
XIX of this Agreement.
7. Failure to correct defects within a reasonable time as determined by the City.•
b) In the event of a breach, the City may exercise any and all rights including those
rights expressed in Article V.
c) Additionally, both parties shall be entitled to bring any and all legal and/or
equitable actions in the courts of Miami-Dade County, Florida, in order to enforce the City's
right and remedies against the breaching party. The City shall be entitled to recover all costs
of such actions including a reasonable attorney's fee, at trial and appellate levels,to the extent
allowed by law.
ARTICLE V
TERMINATION
The City and the Board agree that this Agreement may be terminated by either party
upon written notice at least thirty(30)days prior to the effective date of such termination, with
or without cause.
The City may also suspend or terminate payment to the Board in whole or in part for
cause.
Cause shall include:
a) failure to comply and/or perform in accordance with this Agreement; or
b) .the Board's submission to the City of reports that are materially incorrect or
incomplete.
The City shall notify the Board in writing when payments are being suspended for
cause.The notification shall include actions to be taken by the Board as a condition precedent
to the resumption of payments and a reasonable date for compliance, which shall be no more
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than thirty(30)days from the notification date.
Upon termination of the Agreement, the Board and the City shall meet to determine if
any amounts are to be repaid to the City.
The City and the Board understand that any payment made to the Board in accordance
with this section shall be made only if the Board is not in breach of this Agreement. If the Board
is in breach of this Agreement, the City shall not be obligated to make payments of Grant
Funds to the Board.
ARTICLE VI
AMENDMENTS
Any alterations, variations, modifications,waivers, or provisions of this Agreement shall
only be valid when they have been reduced to writing, duly approved and signed by both
parties, and attached to the original of this Agreement. This Agreement contains all the terms
and conditions agreed upon by the Parties. No other agreement, oral or otherwise, regarding
the subject matter of this Agreement shall be deemed to exist or bind any of the Parties.
ARTICLE VII
METHOD OF PAYMENT
Upon execution of this Agreement, the City shall make payments to the Board for
expenditures incurred under this Agreement based on Miami Beach resident registration for
approved ESOL and GED classes in accordance with the terms of this Agreement. The
maximum amount payable under this Agreement is Seventeen Thousand Seven Hundred
Dollars and 00/100 Cents ($17,700.00) ("Grant Funds") and shall represent the only source
of funding received from the City for the Program.
ARTICLE VIII
CONFLICT OF INTEREST
The conflict of interest provisions of this section apply to any person who is an
employee, agent, consultant, officer, elected official or appointed official of the Board.
The Board covenants that persons described in this section who exercise any functions
or responsibilities under this part or who are in a position to participate in a decision making
process or gain information with regard to such activities may not obtain a financial interest in
any contract, subcontract or benefit from the educational scholarships being provided under
this Agreement, nor may have a financial interest in any contract, subcontract or agreement
with respect to the educational scholarships covered under this Agreement, either for
themselves or those with whom they have family or business ties.
Any such interest on the part of the Board or its employees shall be disclosed in writing
to the City.The Board agrees to abide and be governed by the conflict of interest requirements
applicable to or promulgated by Miami-Dade County or the City, which are incorporated by
reference.
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ARTICLE IX
INDEMNIFICATION
Subject to the limitations of Fla. Stat. §768.28, the Board shall indemnify and hold harmless
the City, its officers, employees and agents, against any claims, suits, actions, damages,
proceedings, liabilities arising out of the negligent acts of the Board arising out of this
Agreement. The Board shall pay all claims and losses of any nature on behalf of the City, its
officers, employees or agents when applicable and shall pay all costs and judgments which
may issue. Nothing contained in this paragraph is in any way intended to be a waiver of the
limitation placed upon the Board's liability as set forth in Chapter 768, Florida Statutes. The
Board does not waive sovereign immunity.
Subject to the limitations of Fla. Stat. §768.28, the City shall indemnify and hold harmless the
Board, its officers, employees and agents, against any claims, suits, actions, damages,
proceedings, liabilities arising out of the negligent acts of the City arising out of or in connection
with this Agreement. The City shall pay all claims and losses of any nature, on behalf of the
Board, its officers, employees or agents when applicable and shall pay all costs and judgments
which may issue. Nothing contained in this paragraph is in any way intended to be a waiver of
the limitation placed upon the City's liability as set forth in Chapter 768, Florida Statutes. The
City does not waive sovereign immunity.
ARTICLE X
MONTHLY REPORTS
The Board shall provide monthly reports (an original and two copies)as required by the City,
which shall be due thirty(30)days after the reporting period. The Board shall obtain student
consent prior to providing student data to the City. These shall include:
a) student attendance records;
b) the reports for the final month and shall be due no more than thirty(30)days
following this Agreement's expiration; and
c) other reporting requirements may be required by the City in the event of
program changes and/or legislative amendments. The Board shall be informed,
in writing, if any changes become necessary.
ARTICLE XI
AUDIT AND INSPECTIONS
At any time during normal business hours and as often as the City may deem
necessary, the City and/or the City's representatives shall have the right to audit and examine
all records relating to matters covered by this Agreement. It is further understood that all
records and supporting documents pertaining to this Agreement shall be kept for a minimum
period of three(3)years from the date of expiration of this Agreement and shall be to the extent
required by law, public records available for inspection and copying. If any litigation, claim,
negotiation, audit or other action involving the records has been started before the expiration
of the three(3)year period, the records must be retained until the completion of the action and
resolution of all issues which arise. If during the course of an audit, the City determines that
any payments made to the Board do not constitute an allowable expenditure, the City will have
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the right to deduct or reduce those amounts from their related invoices. The Board must
maintain records necessary to document compliance with the provisions of the Agreement.
ARTICLE XII
ADDITIONAL CONDITIONS AND COMPENSATION
It is expressly understood and agreed by the Parties that the Grant Funds contemplated
by this Agreement is contingent upon approval of funding by the City.
ARTICLE XIII
NOTICES
Any notice required or permitted to be given under this Agreement by one party to the other party
shall be in writing and shall be given and deemed to have been given immediately if delivered in
person to the recipient's address set forth in this section or on the date shown on the certificate
of receipt if placed in the United States mail, postage prepaid, by registered or certified mail with
return receipt requested, addressed to the receiving party at the address hereinafter specified
("Notice").
City Address. The address for City for all purposes under this Agreement and for all Notices
hereunder shall be:
Dr. Leslie Rosenfeld Chief Learning Officer
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
School Board's Address. The address for the Board for all purposes under this Agreement
and for all Notices hereunder shall be:
The School Board of Miami-Dade County, Florida
Attn: Jose Dotres, Superintendent
1450 N.E. Second Avenue, Suite 91.2
Miami, Florida 33132
With a copy to:
The School Board of Miami-Dade County, Florida
Department:
Department Director:
Attention:
Address:
And a copy to:
The School Board of Miami-Dade County, Florida
Attn: Walter J. Harvey, School Board Attorney
1450 N.E. Second Avenue, Suite 430
Miami, Florida 33132
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ARTICLE XIV
SUBCONTRACTS
The Board agrees that no assignment or subcontract will be made in connection with
this Agreement.
ARTICLE XV
ACCESS TO RECORDS
The Board shall allow access during normal business hours to all financial records, that
are elated to the performance of this Agreement,to authorized City representatives and agrees
to provide such assistance as may be necessary to facilitate financial audit by any of these
representatives when deemed necessary by the City. The Board shall allow access during
normal business hours to all other records, forms, files, and documents which have been
generated in performance of this Agreement, to those personnel as may be designated by the
City.
ARTICLE XVI
PERFORMANCE REVIEW
The City may conduct a formal quarterly review of the Board's compliance with the terms of this
Agreement. A report of the City's findings will be made available to the Board within thirty(30)
days of the completion of the review
ARTICLE XVII
SEVERABILITY OF PROVISIONS
If any provision of this Agreement is held invalid,the remainder of this Agreement shall
not be affected if such remainder would then continue to conform to the terms and
requirements of applicable law.
ARTICLE XVIII
GRANT FUNDS
The Board agrees that Grant Funds shall only be used for eligible activities under the
Program. For those activities undertaken with Grant funds, all of the provisions of this
Agreement shall apply. Upon expiration of this Agreement, the Board shall return to the City
all remaining Grant Funds and any accounts receivable attributable to the use of these funds
consistent with this Agreement.
The Board shall submit monthly reports to City on the Grant funds received and provide
the City with proper documentation of the disbursement of these funds.
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ARTICLE XIX
INSURANCE,
The Board may provide evidence of an ongoing self-insurance program for public
liability, automobile liability, and workers'compensation covering the Board officers, members,
and employees.
ARTICLE XX
CIVIL RIGHTS
The Board agrees to abide and be governed by Title VI and VII, Civil Rights Act of 1964
(42 USC 2000 D&E)and Title VIII of the Civil Rights Act of 1968, as amended, which provides
in part that there will not be discrimination of race, color, sexual orientation, religion, handicap
or national origin in performance of this Agreement, in regard to persons served. It is expressly
understood that upon receipt of evidence of such discrimination, the City shall have the right
to terminate this Agreement.
The Board also agrees to abide and be governed by the Age Discrimination Act of 1975,
as amended, 42 USC, which provides in part that there shall be no discrimination against
persons in any area because of age.
The Board also agrees that it will comply with City of Miami Beach Human Rights
Ordinance as codified in Chapter 62 of the City Code, as may be amended from time to time,
prohibiting discrimination in employment, housing, public accommodations, and public
services on account of actual or perceived race, color, national origin, religion, sex,
intersexuality, gender identity, sexual orientation, marital and familial status, age, disability,
ancestry, height, weight, domestic partner status, labor organization membership, familial
situation, or political affiliation.
ARTICLE XXI
PROJECT PUBLICITY
The Board agrees that any news release or other type of publicity pertaining to the
Program must recognize the City as the funding entity for the Program.
ARTICLE XXII
LIMITATION OF LIABILITY
The City desires to enter into this Agreement only if in so doing the City can place a
limit on the City's liability for any cause of action arising out of this Agreement, so that its
liability never exceed the agreed sum of compensation/fee to be paid to the Board pursuant to
this Agreement, less any amounts actually paid by the City as of the date of the alleged breach.
The Board expresses its willingness to enter into this Agreement with Board recovery from the
City for any action or claim arising from this Agreement to be limited to the agreed sum of
compensation/fee to be paid to the Board pursuant to this Agreement, less any amounts
actually paid by the City as of the date of the alleged breach.
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Accordingly, and notwithstanding any other term or condition of this Agreement,the Board hereby
agrees that the City shall not be liable to the Board for damages in an amount in excess of the
agreed sum of compensation/fee to be paid to the Board pursuant to this Agreement, less any
amounts actually paid by the City as of the date of the alleged breach, for any action or claim of
the Board or any third party arising out of this Agreement. Nothing contained in this paragraph or
elsewhere in this Agreement is in any way intended to be a waiver of the limitation placed upon
the City's liability as set forth in Section 768.28, Florida States. Additionally, the City does not
waive sovereign immunity, and no claim or award against the City shall include attorney's fees,
investigative costs or pre-judgment interest.
ARTICLE XXIII
VENUE. APPLICABLE LAW
This Agreement shall be governed by the laws of Florida, and any action shall be
brought in Miami-Dade County, Florida. Each Party shall be responsible for their own
attorney fees and costs.
ARTICLE XXIV
PUBLIC RECORDS LAW
City understands the broad nature of these laws and agrees to comply with Florida's
Public Records Laws and laws relating to records retention. According to Florida Public
Records laws documents submitted by City which constitute trade secrets as defined in Florida
Statute 812.081 or proprietary confidential business information as set forth in Florida Statute
366.093, and which are stamped as confidential at the time of submission to Board, are not
subject to public access. The City shall keep and maintain public records required by the
School Board to perform the service. The City shall keep records to show its compliance with
program requirements. Contractors and subcontractors must make available, upon request of
the Board, a Federal grantor agency, the Comptroller General of the United States, or any of
their duly authorized representatives, any books, documents, papers, and records of the City
which are directly pertinent to this specific Agreement for the purpose of making audit,
examination, excerpts, and transcriptions. Upon request from the Board's custodian of public
records, provide the Board with a copy of the requested records or allow the records to be
inspected or copied within a reasonable time at a cost that does not exceed the cost provided
in this chapter or as otherwise provided by law. City shall ensure that public records that are
exempt or confidential and exempt from public records disclosure requirements are not
disclosed except as authorized by law for the duration of the contract term and following
completion of the contract if the City does not transfer the records to the public agency. The
City shall retain all records for five (5) years after final payment is made or received and all
pending matters are completed pursuant to Title 34, Sections 80.36(b)(1). Upon completion of
the contract, transfer, at no cost, to the Board all public records in possession of the City or
keep and maintain public records required by the Board to perform the service. If the City
transfers all public records to the Board upon completion of the contract, the City shall destroy
any duplicate public records that are exempt or confidential and exempt from public records
disclosure requirements. If the City keeps and maintains public records upon completion of the
contract,the City shall meet all applicable requirements for retaining public records.All records
stored electronically must be provided to the School Board, upon request from the Board's
custodian of public records, in a format that is compatible with the information technology
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systems of the Board.
IF THE CITY HAS QUESTIONS REGARDING
THE APPLICATION OF CHAPTER 119, FLORIDA
STATUTES, TO THE PROVIDER'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO
THIS CONTRACT, CONTACT THE CUSTODIAN
OF PUBLIC RECORDS AT 305-995-1128,
prr@dadeschools.net, and 1450 NE 2 Avenue,
Miami, Florida 33132.
ARTICLE XXV
EDUCATIONAL RECORDS
The City understands and agrees that it is subject to all federal and state laws and School
Board Policies relating to the confidentiality of student information. The City further agrees to
comply with the Family Educational Rights and Privacy Act("FERPA"), 20 U.S.C. §1232g, as
may be amended. The City shall regard all student information as confidential and will not
disclose the student information to any third party.
ARTICLE XXVI
INSPECTOR GENERAL AUDIT RIGHTS
(A) Pursuant to Section 2-256 of the Code of the City of Miami Beach,the City has established
the Office of the Inspector General which may,on a random basis, perform reviews,audits,
inspections and investigations on all City contracts, throughout the duration of said
contracts. This random audit is separate and distinct from any other audit performed by
or on behalf of the City.
(B) The Office of the Inspector General is authorized to investigate City affairs and
empowered to review past, present and proposed City 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 City projects
and programs. Monitoring of an existing City project or program may include a report
concerning whether the project is on time, within budget and in conformance with the
contract documents and 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 project design, bid specifications,
(bid/proposal) submittals, activities of the Board, its officers, agents and employees,
lobbyists, City 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, the City
is allocating a percentage of its overall annual contract expenditures to fund the activities
and operations of the Office of Inspector General,
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(C) Upon ten(10)days written notice to the Board,the Board 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 private sector
auditors to audit, investigate, monitor, oversee, inspect and review operations activities,
performance and procurement process including but not limited to project design, bid
specifications, (bid/proposal) submittals, activities of the Board, Its officers, agents and
employees, lobbyists, City staff and elected officials to ensure compliance with the
contract documents and to detect fraud and corruption.
(D) The Inspector General shall have the right to inspect and copy all documents and records
in the Board's possession, custody or control which in the Inspector General's sole
judgment, pertain to performance of the contract, including, but not limited to original
estimate files, change 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-change documents, all documents and records which
involve cash, trade or volume discounts, insurance proceeds, rebates, or dividends
received, payroll and personnel records and supporting documentation for the aforesaid
documents and records.
(E) The Board 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 reproduction, until three (3) years after final payment under this
Agreement or for any longer period required by statute or by other clauses of this Agreement.
In addition:
i. If this Agreement is completely or partially terminated, the Board shall make available
records relating to the work terminated until three(3)years after any resulting final termination
settlement; and
ii. The Board shall make available records relating to appeals or to litigation or the settlement
of claims arising under or relating to this Agreement until such appeals, litigation, or claims
are finally resolved.
(F) The provisions in this section shall apply to the Board, its officers, agents, employees,
subcontractors and suppliers. The Board shall incorporate the provisions in this section in all
subcontracts and all other agreements executed by the Board in connection with the
performance of this Agreement.
(G)Nothing in this section shall impair any independent right to the City to conduct audits or
investigative activities. The provisions of this section are neither intended nor shall they be
construed to impose any liability on the City by the Board or third parties.
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IN WITNESS WHEREOF,the Parks havo executed this Agroomont by Iholr rospocllva
proper officers duly authorized the day end yoar Oral wagon abovo,
r� THE SCHOOL BOARD OF MIAMI•DADE COUNTY,
jSUBMITTED Y: ) FLORIDA
/14 .BY - Manc u° /11v
Charge ocal n Admin slralor Slgnalur ale did o bl-Sohools or Dopignoo)
�.�� /�/2 (a t G.Fazzino
97ESt(;NEE ----
Division Head Signature Dale Nam°Typed)
(as applloablo) it/L1 /Zo .t
diet/4—
Digitally signed by Melissa A. Date:
7'4 /•sM1 �v latus
�rtJ-bl (� Date:2022.11.16 14:21:22-05'00'
Office of Grants Administration Signature Date
(If applicable)
NOTE:Signature of Assistant Suporintondont
for tho Office of intorgovornmantal Affairs and .
Grants Adminlolratlon required ONLY for
contracts finnncod from Contracted Programs
Funds(Part IV).
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CITY OF MIAMI BEACH
APPROVED AB TO RISK AND BENEFITS os r--os
(au to Me School Board): �G'��
19gll.dl/ntlucl�by rnlr{e L Chwi n ,
i1,. „ IocnWurriRncolrbrl.and BY:
O:nerlhbfi wrRrra'nl S gnature9
. Wta.POUR)12 I(..R..SIi 41M
Rick Mann:wont Signature
Dale Nemo:Allna T.Hudak,City Manager
APPROVED AS TO PROCUREMENT DoghtiM Trod) (Title) (Dale)
AUTHORITY
(au Co the School Board): BY f�alfi. 4 rUAA b
h FA8813A0BFB5E4CF..St9nature
L,, c ' 9/14/2022 ATTEST:
Procurement Maon Ignalura
D Nurno:Refuel E.Granada,City Clark 12/12/2022 I 4:14 PM EST
(Name Typed) (Title) (Date)
APPROVED AS TO FORM AND LEGAL Addroos:
SUFFICIENCY
(as to the School Board):
alyilaUy Mind byAild autumn1 DM:2022.10.27 00:10;15
MOO'
School Board Attorney-Signature F.E.I.N.(I(organization)
Dale
•
•
APPROVED AS TO
FORM&LANGUAGE
&FOR EXECUTION
Allarnoy t.2.4" Dot
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}�i,ofon copy'
,
Miami-Dade County Public Schools
�l?�,a_�,t�'' giving our students the world
Suporhttondont of Schools Mlaml-Dade County School Board
Dr,Joso L,Dorcas Pella Tobares Hanfinan,Chair
Dr.Slave Gallon ill,Woo Chair
School Board Attorney Lucia Beoz•Goller
and General Counsel Dr.DorofllyBondross•Mlndingall
WallerJ.Harvey Ciwisll Frage
Dr.Lobby Navarro
Dr,Menlo Pdrez
REQUEST FOR WAIVER OF MINIMUM CONTRACT STANDARDS Matt Tore Rojas
Lulsa Series
TO; Or.Joao L.Datum,Suporintondent of Schools
FROM: NIII Grnupara,Asalsimll School Board AltorneyQ
DATE: Octobol 24,2022
SUBJECT: City of Miami Beach
Staff line ruquostod That the School Board enlorinto the aforementioned contract;however,a legal review of the same has
determined that provisions of Oils contract fall below guidelines delineated In Board Polley 0040 as follows:
Tho standard School Board clause Includes: PholBiIpbrinldnllonliw tveelhalfotluwing Contract Pagef(t
deviations:
TERMINATION:
Tho School Board can terminate Iho Agraement, Either party may tom:Mate the Agreement by
for convenience, upon Ullrty (30) days wrlltult granting 11:0 other party thirty(30)days written
notice, notice. 3/A:Ilclo V
INDEMNIFICATION:
The School Board will be indemntllod against any
and all mans,daningor.,payments or(sac arising
out of or In connection with the provisions of the Mutual Indemnification Is Included in the
Agreement. Agreement. ti l Article IX
The City desires 10 enter Into this Agraamant
only if In ao doing the City can place a
limit on the Cily's liability for any cause of
action easing out of thle Agreement,so that
Its liability never exceed the agread sum of
compensationlfeo to be paid to tiro Board
pursuant to Uds Agreement,loss any amounts
actually paid by the City as of the date of the
alleged breach.
The Board expresses its willingness to enter
Into this Agreement with Board recovery from
the City for any action or claim arising from
lids Agreement to be limited to the agreed
sum of cornpensatian/fon to be paid to the
Board pursuant to this Agreement,loss any
amounts actually paid by the City as of the r, •
LIMITATION OF LIABILITY date of Iho nlloaad breach. 8/Article XXII o
743
0
8uporintortdonUDesignao acknowledges and waives tiro above described issues(s): --I
Digitally slimed by Ellzabelhl,5oto i~
1� Localion:Offlccof Risk and lidnetits,rl
10 Management , ;C
Date:2022.10.2512A6:10.04a�10'
4 ___ __
naOnto Risk Management Date 4
Jose B no 1::'• ,,
Designee �-
,
internal rao A'o:22•C0.4643•ALG
School Board Attorney's Office•School Board Administration Building•1450 N.E.2nd Ave.•Suite 430•Miami,FL 33132
305-995-1304.305-995.1412(FAX)•boardallomoy@dadeschods.net
DocuSign Envelope ID:6FCC651D-8595-4454-A0F9-BA2EFD550C73
•
RESOLUTION NO. 2021-31778
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AUTHORIZING FUNDING FOR THE GENERAL
EDUCATION DEVELOPMENT ("GED") AND ENGLISH FOR SPEAKERS OF
OTHER LANGUAGES ("ESOL") CLASSES FOR MIAMI BEACH RESIDENTS
ENROLLED AT MIAMI BEACH ADULT AND COMMUNITY EDUCATION
CENTER FOR THE 2021 SCHOOL YEAR,AND EACH SUBSEQUENT SCHOOL
YEAR, SUBJECT TO FUNDING APPROVAL DURING THE CITY'S
BUDGETARY PROCESS, IN AN AMOUNT NOT TO EXCEED $11,700 PER
SCHOOL YEAR; AND FURTHER AUTHORIZING THE CITY MANAGER TO
EXECUTE ANY AND ALL DOCUMENTS OR AGREEMENTS IN CONNECTION
WITH THE PROGRAM.
WHEREAS, the Miami Beach Adult and Community Education Center, through Miami-
Dade County Public Schools, offers English for Speakers of Other Languages ("ESOL") classes
as well as General Education Development("GED")classes to Miami Beach residents; and
WHEREAS, the ESOL course is designed to provide English language and literacy
instruction for English language learner adults whose first language is other than English and who
are non-literate or semi-literate in their home language, in order to increase their ability to
communicate in English; and
WHEREAS,The GED course of instruction prepares students for academic and personal
success through obtaining the necessary skills required to pass the official GED test and earn a
State of Florida High School Diploma; and
WHEREAS, the current fee to enroll in either a GED or ESOL course at Miami Beach
Adult and Community Education Center through Miami-Dade County Public Schools is$30; and
WHEREAS, in the Fall 2019 semester, 390 Miami Beach residents were enrolled into
ESOL and GED; and
WHEREAS, in summer 2019, the enrollment for the GED and ESOL classes was equally
robust with 223 Miami Beach residents availing themselves of these educational opportunities;
and
WHEREAS, however, following the COVID-19 pandemic and its adverse impact to Miami
Beach's vulnerable residents, the enrollment in Summer 2020 dropped 69% when compared to
the enrollment during Summer 2019 term; and
WHEREAS, the hospitality industry in Miami Beach suffered one of the worst adverse
impacts of the COVID-19 pandemic; and
WHEREAS, in order to ensure that our workforce remains on Miami Beach, as they are
the backbone of our hospitality industry, removing obstacles to their ability to attain and improve
basic skills like English proficiency and high school graduation equivalency, is critical; and
WHEREAS, on July 29, 2020, the Mayor and City Commission adopted Resolution No.
2020-31324, accepting the recommendation of the City Administration to fund the enrollment fee
DocuSign Envelope ID:6FCC651D-8595-4454-A0F9-BA2EFD550C73
for up to 390 Miami Beach residents to take ESOL and GED classes for Fall 2020 at a cost not to
exceed $11,700; and
WHEREAS, on November 18, 2020,the Mayor and City Commission adopted Resolution
No. 2020-31482, accepting the recommendation of the City Administration to extend the term of
the initial Agreement to March 22, 2021; and
WHEREAS, Fall and Winter 2020 Miami Beach resident enrollment resulted in 77 enrolled
with approximately$9,390 of funds remaining, which funds City Administration will be allocating
to the Fall 2021 semester for eligible Miami Beach residents; and
WHEREAS, it is anticipated that with continued funding and with the expected return of
in-person classes, more Miami Beach residents will take advantage of this scholarship
opportunity.
•
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby authorize funding for the General Education Development ("GED") and
English for Speakers of Other Languages ("ESOL") classes for Miami Beach residents enrolled
at Miami Beach Adult and Community Education Center for the 2021 school year, and each
subsequent school year, subject to funding approval during the City's budgetary process, in an
amount not to exceed$11,700 per school year;and further authorize the City Manager to execute
any and all documents or agreements in connection with the program.
PASSED and ADOPTED this Z@ day of July, 2021.
ATTEST:
Dan Gelber, Mayor`S/ 7L
Raf el E. Granado, City Clerk �',B"
(sponsored by Commissioner Michael Gongora) ii'!coa� oRATER
i. AV if,
•
•
APPROVED AS TO
FORM & LANGUAGE
&FOR EXECUTION
-l'z=21
•
•
City Attorney Date
T
DocuSign Envelope ID:6FCC651D-8595 4454-AOF9 BA2EFD550C73
•
Resolutions-C7 R
•
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
• FROM: Alina T. Hudak, City Manager
DATE: July 28,2021
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AUTHORIZING FUNDING FOR THE
GENERAL EDUCATION DEVELOPMENT ("GED") AND ENGLISH FOR
SPEAKERS OF OTHER LANGUAGES ("ESOL") CLASSES FOR MIAMI
BEACH RESIDENTS ENROLLED AT MIAMI BEACH ADULT AND
COMMUNITY EDUCATION CENTER FOR THE 2021 SCHOOL YEAR, AND
EACH SUBSEQUENT SCHOOL YEAR,SUBJECT TO FUNDING APPROVAL
DURING THE CITY'S BUDGETARY PROCESS, IN AN AMOUNT NOT TO
EXCEED $11,700 PER SCHOOL YEAR; AND FURTHER AUTHORIZING
THE CITY MANAGER TO EXECUTE ANY AND ALL DOCUMENTS OR
AGREEMENTS IN CONNECTION WITH THE PROGRAM.
RECOMMENDATION
The administration is seeking approval to utilize remaining scholarship GED/ESOL funds for
Fall 2021 and continue funding of the Miami Beach Adult and Community Education
Scholarship Program for City residents enrolling in GED and ESOL classes at the Miami Beach
Adult and Community Education Center for the 2021-22 school year (Fall, Winter, and Spring
semesters)and each subsequent fiscal year.
BACKGROUND/HISTORY
In July 2020 the Commission approved Resolution 2020-31324 authorizing funding of up to,
$11,700 for the General Education Development (GED) and English for Speakers of Other
Languages (ESOL) classes for Miami Beach residents enrolled in Fall 2020 at Miami Beach
Adult and Community Education Center, appropriated from the City's General Fund for Fiscal
Year 2020. On October 15, 2020, the City signed an agreement with the School Board to
provide these services.
On February 22,2021,the City amended its original agreement with the School Board to extend
the term to March 22,2021.
The English for Speakers of Other Languages (ESOL) course is designed to provide
English language and literacy instruction for English language [earner adults whose first
language is other than English and who are non-literate or semi-literate in their home language,
in order to increase their ability to communicate in English. The instructional focus is to prepare
. adult learners to use English for entering the career and technical and/or postsecondary
education,employment, and participation in civic life.
Page 506 of 2012
DocuSign Envelope ID:6FCC651D-8595-4454-AOF9-BA2EFD550C73
The GED course of instruction prepares students for academic and personal success
through obtaining the necessary skills required to pass the official GED test and earn a State of
Florida High School Diploma. This program strives to motivate students not only to obtain the
diploma but also to utilize the acquired skills in the workforce and to achieve career and job
placement success.
ANALYSIS
During Fall 2020 and Winter 2020 the ESOL and GED scholarship provided 77 Miami Beach
adult residents a scholarship in a total cost to the City of$2,310,or$30 per participant.
Following the COVI D-19 pandemic and its adverse impact on Miami Beach's vulnerable
residents, enrollment in GED and ESOL classes continues to be low, due to financial
constraints of Miami Beach families. The hospitality industry continues to suffer impacts of the
COVID-19 pandemic; in order to ensure that our workforce remains on Miami Beach, as they
are the backbone of our hospitality industry, removing obstacles to their ability to attain and
improve basic skills like English proficiency and high school graduation equivalency, is critical. It
is anticipated that with continued funding and with the expected return of in-person classes,
more Miami Beach residents will take advantage of this scholarship opportunity.
SUPPORTING SURVEY DATA
49.1% of residents were either very satisfied or satisfied with the quality of public schools in
Miami Beach
FINANCIAL INFORMATION
$11,000 included in the FY2022 Enhancement Request list
$9,390 remaining of$11,700 budgeted for FY2021
Applicable Area
Citywide
Is this a"Residents Right Does this item utilize G.O.
to Know"Item.pursuant to Bond Funds?
City Code Section 2-14?
No No
Strategic Connection
Prosperity-Be known for(K-12)educational excellence.
Legislative Tracking
Organizational Development Performance Initiatives
Sponsor
Commissioner Michael Gongora
ATTACHMENTS:
Description
Resolution
•
Page 507 of 2012
DocuSign Envelope ID:6FCC651D-8595-4454-A0F9-BA2EFD550C73
RESOLUTION NO. 2022-32193
RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING RESOLUTION NO. 2021-
31778, AND AUTHORIZING AN INCREASE IN FUNDING IN AN
AMOUNT NOT TO EXCEED $6,000.00, FOR THE GENERAL
EDUCATION DEVELOPMENT("GED")AND ENGLISH FOR SPEAKERS
OF OTHER LANGUAGES ("ESOL") CLASSES FOR MIAMI BEACH
RESIDENTS AT MIAMI BEACH ADULT AND COMMUNITY EDUCATION
CENTER, WITH THE TOTAL AMOUNT OF FUNDING NOT TO EXCEED
$17,700 FOR SCHOOL YEAR 2022, AND EACH SUBSEQUENT YEAR
AFTER, SUBJECT TO FUNDING APPROVAL DURING THE CITY'S
BUDGETARY PROCESS; AND FURTHER AUTHORIZING THE CITY
MANAGER TO EXECUTE ANY AND ALL DOCUMENTS OR
AGREEMENTS IN CONNECTION WITH THE PROGRAM.
WHEREAS, the Miami Beach Adult and Community Education Center, through
Miami-Dade County Public Schools, offers English for Speakers of Other Languages
("ESOL") classes as well as General Education Development ("GED") classes to Miami
Beach residents; and
WHEREAS,the ESOL course is designed to provide English language and literacy
instruction for English language learner adults whose first language is other than English
and who are non-literate or semi-literate in their home language, in order to increase their
ability to communicate in English; and
WHEREAS, the GED course of instruction prepares students for academic and
personal success through obtaining the necessary skills required to pass the official GED
test and earn a State of Florida High School Diploma; and
WHEREAS, on July 29, 2020, Mayor and City Commission adopted Resolution
No. 2020-31324, accepting the recommendation of the City Administration to fund
enrollment fee for up to 390 Miami Beach residents to take ESOL and GED classes for
Fall 2020 at a cost not to exceed $11,700,through an agreement with Miami-Dade County
Public Schools; and
WHEREAS, on July 28,2021,the Mayor and City Commission adopted Resolution
No. 2021-31778, authorizing funding for enrollment fees for the 2021 school year, and
each subsequent school year, subject to funding approval during the City's budgetary
process, in an amount not to exceed $11,700 per school year; and
WHEREAS, the current fee to enroll in either a GED or ESOL course at Miami
Beach Adult and Community Education Center through Miami-Dade County Public
Schools is $30; and
DocuSign Envelope ID:6FCC651D-8595-4454-A0F9-BA2EFD550C73 •
WHEREAS, according to the Letter to Commission # 161-2022, dated April 22,
2022, as of April 19t', 2022, all available $30 scholarships have been utilized by 390
residents for the Winter 2021 and Spring 2022 terms totaling the full allocated amount of
$11,700; and
WHEREAS, as such,the Cityis unable to offer scholarships for the Fall 2022 term;
and
WHEREAS, enrollment at Miami Beach Adult Education has exceeded prior years,
indicating need and interest in GED/ESOL classes among the City's residents; and
. WHEREAS,as follows,the Mayor and City Commission wish to amend Resolution
No. 2021-31778 to authorize an increase in funding in an amount not to exceed
$6,000.00, for GED/ESOL classes for Miami Beach residents, with the total amount of
funding not to exceed $17,700 per School Year.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby amend Resolution No. 2021-31778, and authorize an increase in
funding in an amount not to exceed $6,000.00 for the General Education Development
("GED") and English For Speakers of Other Languages ("ESOL") classes for Miami
Beach residents at Miami Beach Adult and Community Education Center, with the total
amount of funding not to exceed $17,700 for School Year 2022, and each subsequent
school year, subject to funding approval during the City's budgetary process; and further
authorize the City Manager to execute any and all documents or agreements in
connection with the Program.
PASSED and ADOPTED this day of 74h-°--- 020011:?' .
ATTEST:
Dan Gelber, Mayor
/ JUN 2 3 2021
Rafael E. Granado, City Clerk "P 4► cy
s j�t�anr� t
=INEORP HATED),
(sponsored by Vice-Mayor Kristen Rosen Gonzalez) ae.~h'
•
•
• APPROVED AS TO
FORM.&LANGUAGE
&FOR EXECUTION
City Attorney Date
DocuSign Envelope ID:6FCC651D-8595-4454-A0F9-BA2EFD550C73
Resolutions-C7 N
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayorand Members of the City Commission
FROM: Rafael A. Paz, CityAttomey
DATE: June 22,2022
SUBJECT:A RESOLUTION. OF THE. MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING RESOLUTION NO. 2021-31778,
AND AUTHORIZING AN INCREASE IN FUNDING IN AN AMOUNT NOT TO
EXCEED $6,000.00, FOR THE GENERAL EDUCATION DEVELOPMENT
("GED") AND ENGLISH FOR SPEAKERS OF OTHER LANGUAGES
("ESOL") CLASSES FOR MIAMI BEACH RESIDENTS AT MIAMI BEACH
ADULT AND COMMUNITY EDUCATION CENTER,WITH THE TOTAL
AMOUNT OF FUNDING NOT TO EXCEED $17,700 FOR SCHOOL YEAR
2022 AND EACH SUBSEQUENT YEAR AFTER, SUBJECT TO FUNDING
APPROVAL DURING THE CITY'S BUDGETARY PROCESS;AND FURTHER
AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL
DOCUMENTS OR AGREEMENTS IN CONNECTION WITH THE
PROGRAM.
ANALYSIS
Pursuant to the request of Vice-Mayor Kristen Rosen Gonzalez, the above-referenced
Resolution is submitted for consideration by the Mayor and City Commission at the June 22,
2022 Commission meeting.
SUPPORTING SURVEY DATA
N/A •
FINANCIAL INFORMATION -
The sponsor of this item requests that the Administration be prepared to address the fiscal
impact of this proposed measure,if any,at the June 22,2022 City Commission meeting.
Is this a"Residents Right Does this item utilize G.O.
to Know" item.pursuant to Bond Funds?
City Code Section 2-14?
No No -
Legislative Tracking
Office of the City Attomey
Page 380 of 1232
DocuSign Envelope ID:6FCC651D-8595-4454-A0F9-BA2EFD550C73
Sponsor
Vice-Mayor Kristen Rosen Gonzalez
ATTACHMENTS:
Description
❑ Resolution
Page 381 of 1232
DocuSign Envelope ID:6FCC651D-8595-4454-A0F9-BA2EFD550C73
MI ^ I BBEACH Contract/Document Routing Form
Contract No.` /�l�Tittlle
Grant Agreement between CMB and MDCPS
Contractor Requesting Department
School Board of Miami-Dade County EDUCATION PERFORMANCE INITIATIVES
Department Director. DO6u i-50riri6 ACM Name&Si DocuSigned by:
DR.LESLIE ROSENFELD �.i1�7 KATHIE BROOKS
—194024�.. `—CA5176030345483...
Document Type(Select One)
Type 1—Contract,amendment,change order or task order resulting from a procurement-issued competitive solicitation.
Type 2—Other contract,amendment,change order or task order not resulting from a procurement-issued competitive solicitation.
Type 3—Independent Contractor Agreement(ICA) Type 6—Tenant Agreement
Type 4—Grant agreements with the City as the recipient Type 7—Inter-governmental agency agreement
X Type 5—Grant agreements with the City as the grantor Other:
;Brief Summa -&Pur ose attach memo if additional s•ace is necessa, "
The City has provided funding to Grantee to implement the Miami Beach Adult and Community Education Scholarship program for
City residents enrolling at the Miami Beach Adult and Community Education Center for ESOL/GED in the Winter 2022,Spring 2023
and Fall 2023. The Grantee may only use the Grant for the purposes that are specifically described in the Project Description.And
shall,in no event,exceed the total amount of$17,700.00.Funding will provide a$30 scholarship for Miami Beach residents to
enroll in these adult education classes.Reso 2022-32193 Authorizes the city manager to execute any and all documents or
agreements in connection with the program.
Origin al-Term ' • , a' °• Renewal Periods` 'total Termr(Origlhaf+Renewals)z
lyear 0 lyear
., t, •�'' .,",� r.»s '�7r'�1i.FUndin �nf0 d11dt10ni- �' . ; "
Grant Funded: Yes X No State Federal Other:
•
' *.Annuai'Cost L ,-/ .• `. Cost Si unSource
'Account ' Ds €Re"wireEnha cement• ,
1 $17,700.00 011-0332-000343-16-400-582-00-00-00- ,1,% Yes X No
2 Yes No
3 Yes No
4 - Yes No
1.For contracts longer than five years,contact the Procurement Department. 2.Attach any supporting explanation needed.3.Budget
approval indicates approval for current fiscal year only.Future years are subject to City Commission approval of annual adopted
operating budget.
,+d:_« rt s s . . , ;:ec.kti fm •: ryxh l' i10 I9 16.SI:n.d x >.-s.e 44ry ti$ :
City Commission Approved: Yes No Resolution No.: CC Agenda Item No.: CC Meeting Date:
2021-31788/2022-32193
If no,explain why CC approval is not required:
Legal Form Approved: X Yes No If no,explain below why form approval is not necessary:
4 t t : r �"`; t 't�hx + "�.'o PIPS ce Ap'•r0 al{S SQ attacteal'.r`',."� A' ' � "�,
Procurement:Alex Denis r—'06Lusignedby: Grants: NA
Budget:Tameka Otto Stewart than'cA &Lb SIt;WAY'I. Information Technology: NA •
Risk Management:Marc �Rlifr ds�g'tl'S7'iPd63... Fleet&Facilities: NA
Chevalier ��y (JAl uta^
Human Resources:NA NegEDB296740400... Other: