MOU with Miami Beach Police Athletic League, Inc. DocuSign Envelope ID:FC4A9587-673E-4121-BA6A-6F19EB8831FE
Resolution #2022-32286
MIAMI BEACH
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF MIAMI BEACH
AND
MIAMI BEACH POLICE ATHLETIC LEAGUE, INC.
'TO IMPLEMENT A FIRST GENERATION SCHOLARSHIP PROGRAM
FOR
SCHOOL YEAR 2023/2024
This is a Memorandum of Understanding ("MOU") made and entered into this
day of , 2023, by and between the City of Miami Beach
("CMB") and the MIAMI BEACH POLICE ATHLETIC LEAGUE, INC. ("PROVIDER")
(collectively, the "Parties"), to provide for funding and for the implementation of a First
Generation Scholarship Program as provided herein, and as to be provided in an
agreement between Provider and Florida International University Foundation, Inc.
("FIUF").
WITNESSETH
WHEREAS, the Parties have determined that a program to provide partial
scholarships to attend Florida International University as an undergraduate student is in
the best interest of the residents of the City of Miami Beach; and
WHEREAS, Provider, through contract with Florida International University
Foundation, Inc. (and in collaboration with the City of Miami Beach) will implement a
scholarship program; and
WHEREAS, The FIU First Generation Scholarship Program is-supported by an
innovative matching grant program established in 2006 by the Florida Legislature that
provides a 2:1 match through the State of Florida First Generation Matching Grant
(FGMG) for funds coming from a 501(c) 3 non-profit charitable or an incorporated
organization; and
WHEREAS, The City of Miami Beach will partner with the Miami Beach Police
Athletic League, Inc. who will provide financial support to qualified undergraduate FIU
students who are the first generation in their families to attain a college degree; and
WHEREAS, this program is the only one of its kind in the state of Florida to match
private donations for first generation scholarships, providing financial assistance for
students to attend a state university or Florida college. At the heart of this innovative
scholarship program are the dreams of first generation students who aspire to reap the
benefits of an FIU degree; and
DocuSign Envelope ID:FC4A9587-673E-4121-BA6A-6F19EB8831FE
WHEREAS, many talented and highly motivated students with limited resources
are forced to attend only part-time or postpone their education altogether. The First
Generation Scholarship Program is, therefore, a vital source of financial support for many
of FIU's underserved, low-income students that bridges the gap between their financial
aid funding and their unmet need to fund their cost of attendance to FIU; and
WHEREAS, first generation students are more likely than their peers to come from
lower- earning households. Despite the significant need, a high percentage of FIU
students receive only partial financial aid, and many students eligible for First Generation
Scholarships remain unfunded; and
WHEREAS, this partnership will provide Funding that will be prioritized to meet the
needs of students who demonstrate financial need by completing the national Free
Application for Federal Student Aid (FAFSA) and be eligible for a Pell Grant, must be the
in first generation in their family to attain a college bachelor's degree (e.g. students whose
siblings have attained or are pursuing a degree are also eligible) and must be residents
of the State of Florida, be enrolled in or accepted for admission to the University, and be
degree-seeking undergraduate students enrolled for a minimum of six credit hours per
semester; and
WHEREAS, eligible students must be degree-seeking undergrad students with a
permanent address in the city of Miami Beach and with zip codes of 33139, 33140, or
33141 (only residents in the city of Miami Beach); and
WHEREAS, there will be a preference for First Time in College ("FTIC") and
funding will be awarded based on financial need as indicated by the FAFSA"unmet need"
of the student. If there are not enough students eligible to award the funds that meet this
criteria, funds will be rolled over to the following year or the scholarship amount per
student may be increased for the current year. Scholarships may be renewable upon
meeting certain criteria.
NOW, THEREFORE, in consideration of the mutual terms, conditions, promises,
covenants, and payments hereinafter set forth, the Parties agree to provide for a Miami
Beach First Generation Scholarship Program for the participating Florida International
University (FIU) students) as follows:
1. Provider shall execute an agreement with Florida International University
Foundation, Inc. for a First Generation Scholarship Program for Miami Beach
residents with a permanent address with a zip code of 33139, 33140 or 33141, as
set forth in Exhibit A(the"Scholarship Program"), which Scholarship Program shall
be partially funded by the City directly to Provider. The term for the Scholarship
Program shall be from October 1, 2023 to September 30, 2024.
2. Provider agrees to comply with all the terms and conditions contained in the
Agreement between Provider and Florida International University Foundation, Inc.,
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Contract No. , attached hereto as Exhibit A. Provider understands that
the City shall only be responsible for providing partial funding for the services
described in this Agreement, and Provider warrants and represents to the CITY
that Provider has the authority and consent from the FIUF to administer the
services described in this Agreement.
3. City shall provide funding to PROVIDER for the Scholarship Program in the
amount not to exceed $14,000. Subject to the availability of funds, the maximum
amount payable for Services rendered under this Agreement shall not exceed
$14,000. Provider agrees that the amount payable under this Contract may be
reduced at the sole option of City with a proportional reduction in services. Provider
agrees to adhere to City billing procedures. Provider shall submit an invoice for the
scholarship described in Exhibit A to the City which shall be paid by the City within
30 Days following the CITY's approval of the invoice. PROVIDER shall provide
funding to the FIUF in the amount of$17,500.
4. In the event that any of the provisions in this MOU are not performed after the
CITY's contribution has been dispersed to Provider, then Provider shall
reimburse to the CITY any and all unused funds.
5. In the event that any of the provisions in this MOU are not performed, or if the
services described herein are terminated after funds have been dispersed to
PROVIDER as provided in paragraphs 3 and 4, then Provider shall promptly
reimburse City its proportionate share of unused funds.
6. This MOU shall be construed in accordance with the laws of the State of Florida.
This MOU shall be enforceable in Miami-Dade County, Florida, and if legal action
is necessary by either party with respect to the enforcement of any or all of the
terms or conditions herein, exclusive venue for the enforcement of this MOU shall
lie in Miami-Dade County, Florida. By entering into this MOU, Provider and the
CITY expressly waive any rights either party may have to a trial by jury of any civil
litigation related to or arising out of this MOU.
7. Provider agrees that all program services, activities and events funded by this
Agreement shall recognize City as a funding source in any and all publicity, public
relations and marketing efforts/materials created under its control on behalf of the
program.
PUBLICITY AND CREDITS: Provider must include the City logo and the following
credit line in all publications related to this Agreement: "This Project is funded in
whole or in part by funding from the City of Miami Beach." Provider's failure to
comply with this paragraph may preclude future funding from the City, in the same
manner as if Provider defaulted under this Agreement.
8. LIABILITY AND INDEMNIFICATION: Provider shall indemnify and hold harmless
the City and its officers, employees, agents, and contractors, from and against
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any and all actions (whether at law or in equity), claims, liabilities, losses,
expenses, or damages, including, without limitation, attorneys' fees and costs of
defense, for personal, economic, or bodily injury, wrongful death, or loss of or
damage to property, which the City or its officers, employees, agents and
contractors may incur as a result of claims, demands, suits, causes of action or
proceedings of any kind or nature arising out of, relating to, or resulting from the
performance of this Agreement by Provider or its officers, employees, agents,
servants, partners, principals or contractors. Provider shall pay all claims and
losses in connection therewith and shall investigate and defend all claims, suits, or
actions of any kind or nature in the name of the City, where applicable, including
appellate proceedings, and shall pay all costs, judgments, and attorneys' fees
which may issue thereon. Provider expressly understands and agrees that any
insurance protection required by this Agreement, or otherwise provided, shall in no
way limit its obligation, as set forth herein, to indemnify, hold harmless, and defend
the City or its officers, employees, agents, and contractors as herein provided.
The provisions of this section shall only be applicable to the extent and within the
limitations of Section 768.28, Florida Statutes. Provider shall not be held liable to
pay a personal injury or property damage claim or judgment by any one person
which exceeds the sum of$200,000, or any claim or judgment or portions thereof,
which, when totaled with all other claims or judgments paid by the government
entity arising out of the same incident or occurrence, that exceed the sum of
$300,000 from any and all personal injury or property damage claims, liabilities,
losses or causes of action which may arise as a result of the negligence of
Provider entity.
9. ASSIGNMENT: Provider shall not be permitted to assign this Agreement, and any
purported assignment will be void, and shall be treated as an event of default
pursuant to this Agreement.
10.COMPLIANCE WITH LAWS: Provider agrees to abide by and be governed by all
applicable Federal, State, County and City laws, including but not limited to Miami-
Dade County's Conflict of Interest and Code of Ethics Ordinance, as amended,
which is incorporated herein by reference as if fully set forth herein, and Chapter
2, Article VII of the City Code, as amended, which is incorporated herein by
reference as if fully set forth herein.
11.DEFAULT/TERMINATION PROVISIONS: In the event Provider fails to comply
with any of the provisions of this Agreement, the City Manager or the City
Manager's designee may terminate this Agreement and withhold or cancel all or
any unpaid installments of the Project funds upon giving five (5) calendar days
written notice to Provider, and the City shall have no further obligation to Provider
under this Agreement. Further, in the event of termination for cause, Provider shall
be required to immediately repay to the City all portions of the Project funds which
have been received by Provider and which have not been expended in
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accordance with the terms of this Agreement as of the date that the written demand
is received.
These provisions shall not waive or preclude the City from pursuing any other
remedies that may be available to it under the law.
12.FLORIDA PUBLIC RECORDS LAW:
A. Provider shall comply with Florida Public Records law under Chapter 119,
Florida Statutes, as may be amended from time to time.
B. The term "public records" shall have the meaning set forth in Section
119.011(12), which means all documents, papers, letters, maps, books, tapes,
photographs, films, sound recordings, data processing software, or other
material, regardless of the physical form, characteristics, or means of
transmission, made or received pursuant to law or ordinance or in connection
with the transaction of official business of the City.
C. Pursuant to Section 119.0701 of the Florida Statutes, if Provider meets the
definition of"Contractor" as defined in Section 119.0701(1)(a), Provider shall:
Keep and maintain public records required by the City to perform the
service;
ii. Upon request from the City's custodian of public records, provide the
City 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 Chapter 119, Florida Statutes or as
otherwise provided by law;
iii. 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 Agreement if Provider does not transfer the records
to the City;
iv. Upon completion of the Agreement, transfer, at no cost to the City, all
public records in possession of Provider or keep and maintain public
records required by the City to perform the service. If Provider transfers
all public records to the City upon completion of the Agreement,
Provider shall, subject to Chapter 119, Florida Statutes, destroy any
duplicate public records that are exempt or confidential and exempt from
public records disclosure requirements. If Provider keeps and maintains
public records upon completion of the Agreement, Provider shall meet
all applicable requirements for retaining public records. All records
stored electronically must be provided to the City, upon request from the
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City's custodian of public records, in a format that is compatible with the
information technology systems of the City.
D. REQUEST FOR RECORDS; NONCOMPLIANCE
i. A request to inspect or copy public records relating to the City's contract
for services must be made directly to the City. If the City does not
possess the requested records, the City shall immediately notify
Provider of the request, and Provider must provide the records to the
City or allow the records to be inspected or copied within a reasonable
time.
ii. Provider's failure to comply with the City's request for records shall
constitute a breach of this Agreement,and the City, at its sole discretion,
may: (1) unilaterally terminate the Agreement; (2) avail itself of the
remedies set forth under the Agreement; and/or (3) avail itself of any
available remedies at law or in equity.
iii. If Provider fails to provide the public records to the City within a
reasonable time may be subject to penalties under Section 119.10.
E. CIVIL ACTION
i. If a civil action is filed against Provider to compel production of public
records relating to the City's contract for services,the court could assess
and award against Provider the reasonable costs of enforcement,
including reasonable attorneys' fees, if:
a. The court determines that Provider unlawfully refused to comply with
the public records request within a reasonable time; and
b. At least eight (8) business days before filing the action, the plaintiff
provided written pre-suit notice in accordance with and subject to the
limitations set forth in Sections 119.0701 and 119.12, Florida Statutes.
F. IF Provider HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO Provider's DUTY TO PROVIDE
PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE
CUSTODIAN OF PUBLIC RECORDS AT:
CITY OF MIAMI BEACH
ATTENTION: RAFAEL E. GRANADO, CITY CLERK
1700 CONVENTION CENTER DRIVE
MIAMI BEACH, FLORIDA 33139
E-MAIL:RAFAELGRANADO@MIAMIBEACHFL.GOV
PHONE: 305-673-7411
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13. WRITTEN NOTICES: Any notices required under this Agreement will be effective
when delivered to the City in writing and addressed to the City Contract
Administrator. Any notices required under this Agreement will be effective when
delivered to Provider in writing and addressed to Provider's Contract
Administrator.
14. CITY CONTRACT ADMINISTRATOR: All contract related questions, reports and
requests for reimbursements to be submitted to the City Contract Administrator
listed below.
Dr. Leslie Rosenfeld
Chief Education Officer
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
E-Mail: Ieslierosenfeldna,miamibeachfi.gov
15.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 Provider, 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.
C. Upon ten (10) days written notice to Provider, Provider 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
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and review operations activities, performance and procurement process including
but not limited to project design, bid specifications, (bid/proposal) submittals,
activities of Provider, 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 Provider'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. Provider 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 contract. In addition:
If this Agreement is completely or partially terminated, Provider shall make
available records relating to the work terminated until three (3) years after any
resulting final termination settlement; and
ii. Provider 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 Provider, its officers, agents,
employees, subcontractors and suppliers. Provider shall incorporate the provisions
in this section in all subcontracts and all other agreements executed by Provider
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 Provider
or third parties.
16. E-VERIFY:
A. Provider shall comply with Section 448.095, Florida Statutes, "Employment
Eligibility" ("E-Verify Statute"), as may be amended from time to time. Pursuant to
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•
the E-Verify Statute, commencing on January 1, 2021, Provider 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, Provider shall
expressly require any approved subcontractor performing work or providing
services pursuant to the Agreement to likewise utilize the U.S. Department of
Homeland Security's E-Verify system to verify the employment eligibility of all new
employees hired by the subcontractor during the contract Term. If Provider enters
into a contract with an approved subcontractor, the subcontractor must provide the
Provider with an affidavit stating that the subcontractor does not employ, contract
with, or subcontract with an unauthorized alien. Provider shall maintain a copy of
such affidavit for the duration of the Agreement or such other extended period as
may be required under this Agreement.
B. TERMINATION RIGHTS
1. If the City has a good faith belief that Provider has knowingly violated
Section 448.09(1), Florida Statutes, the City shall terminate this Agreement with
Provider for cause, and City shall thereafter have or owe no further obligation or
liability to Provider.
2. If the City has a good faith belief that a subcontractor has knowingly violated
the foregoing Subsection 22(A), but the Provider otherwise complied with such
section, the City will promptly notify the Provider and order the Provider to
immediately terminate the contract with the subcontractor. Provider's failure to
terminate a subcontractor shall be an event of default under this Agreement,
entitling City to terminate the Provider's contract for cause.
3. A contract terminated under the foregoing Subsections (B)(1) or (B)(2) is
not in breach of contract and may not be considered as such.
4. The City or Provider or a subcontractor may file an action with the Circuit or
County Court to challenge a termination under the foregoing Subsections(B)(1)or
(B)(2) no later than 20 calendar days after the date on which the contract was
terminated.
5. If the City terminates the Agreement with Provider under the foregoing
Subsection 22(A), Provider may not be awarded a public contract for at least 1
year after the date of termination of this Agreement.
6. Provider is liable for any additional costs incurred by the City as a result of
the termination of this Agreement under this Section 17.
17. PUBLIC PURPOSE: The Project funds awarded herein is the result of a finding
by the City, based on representatives, documents, materials and other information
supplied by Provider, that Provider is performing a public purpose through the
programs, projects, and/or services recommended for support. As such, use of
Project funds for any program component not meeting this condition will be
considered a breach of the terms of this Agreement and will allow the City to seek
remedies including, but not limited to, those outlined in this Agreement.
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18.NO DISCRIMINATION: Provider also accepts and agrees to comply with the
following Special Conditions:
A. Provider hereby agrees that it will comply with Title VI of the Civil Rights
Act of 1964 (42 U.S.C. 2000d et seq.) prohibiting discrimination on the basis of
race, color, national origin, handicap, or sex.
B. Provider hereby 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 and public
accommodations 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.
C. The City endorses, and Provider shall comply with, the clear mandate of
the Americans with Disabilities Act of 1990 (ADA) to remove barriers, which
prevents qualified individuals with disabilities from enjoying the same employment
opportunities that are available to persons without disabilities.
D. The City also endorses the mandate of the Rehabilitation Act of 1973 and
Section 504 and prohibits discrimination on the basis of disability and requires that
Provider provides equal access and equal opportunity and services without
discrimination on the basis of any disability.
19.GOVERNING LAW AND EXCLUSIVE VENUE:This Agreement shall be governed
by, and construed in accordance with, the laws of the State of Florida, both
substantive and remedial, without regard to principles of conflict of laws. The
exclusive venue for any litigation arising out of this Agreement shall be Miami Dade
County, Florida, if in State court, and the U.S. District Court, Southern District of
Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT, THE CITY
AND Provider EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE
TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING
OUT OF, THIS AGREEMENT.
20.NO WAIVER: No waiver of any breach or failure to enforce any of the terms,
covenants, conditions or other provisions of this Agreement by either party at any
time shall in any way affect, limit, modify or waive either party's right thereafter to
enforce or compel strict compliance with every term, covenant, condition or other
provision hereof.
21.CAPTIONS USED IN THIS AGREEMENT: Captions, as used in this Agreement,
are for convenience of reference only and should not be deemed or construed as
in any way limiting or extending the language or provisions to which such captions
may refer.
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22.CONTRACT REPRESENTS TOTAL AGREEMENT: This Agreement, including its
special conditions and exhibits, represents the whole and total agreement of the
parties. No representations, except those contained within this Agreement and its
attachments, are to be considered in construing its terms. No modifications or
amendments may be made to this Agreement unless made in writing signed by
both parties. Any modification to the Project Amount shall require approval by the
Mayor and City Commission.
IN WITNESS THEREOF,the Parties hereto have caused this MOU to be executed
by their respective and duly authorized officers as of the day and year first written above.
ATTEST
MIAMI BEACH POLICE ATHLETIC LEAGUE, INC. CITY OF MIAMI BEACH,
a Florida not for profit Corporation a Municipal Corporation of the State of
Florida
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APPROVED AS TO
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RESOLUTION NO. 2022-32286
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY
MANAGER AND CITY CLERK TO EXECUTE AGREEMENTS WITH THE
MIAMI BEACH POLICE ATHLETIC LEAGUE, INC. ("MBPAL") AND THE
MIAMI BEACH CHAMBER EDUCATION FOUNDATION, INC. ("MBCEF") TO
PROVIDE FUNDING TO FIRST GENERATION COLLEGE SCHOLARSHIPS
FOR MIAMI BEACH RESIDENTS THROUGH AGREEMENTS WITH FLORIDA
INTERNATIONAL UNIVERSITY FOUNDATION, INC. AS PART OF THE
STATE OF FLORIDA 2:1 MATCHING GRANT, WITH THE TOTAL AMOUNT
OF FUNDING FROM THE CITY OF MIAMI BEACH NOT TO EXCEED $28,000
FOR SCHOOL YEAR 2022-23, AND $3,500 EACH FROM THE MBPAL AND
MBCEF AND EACH SUBSEQUENT YEAR, 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, in January 2008, the City of Miami Beach, Florida ("City") entered into an
Education Compact with Miami-Dade County Public Schools (M-DCPS) to enhance learning
opportunities for youth; and
WHEREAS, the Education Compact reflects the desire of the Miami Beach community
to support excellence in the City's public schools;and
WHEREAS, the Florida International University (FIU) First Generation Scholarship
Program is supported by an innovative matching grant program established in 2006 by the
Florida Legislature; and
•
WHEREAS, the program provides financial support to qualified undergraduate FIU
students who are the first generation in their families to attain a college degree; and
WHEREAS, this program is the only one of its kind in the state .of Florida to match
• private donations for first generation scholarships, providing financial assistance for students to
attend a state university or state college; and
WHEREAS, to date, FIU has awarded over 15,300 scholarships for critical financial
support for FIU students; and
WHEREAS, the need, however, is far greater than the available resources — currently,
less than one in seven eligible students receives a First Generation Scholarship; and
WHEREAS, as a result, many talented and highly motivated students with limited
resources are forced to attend only part-time or postpone their education altogether; and
WHEREAS, the First Generation Scholarship Program is, therefore, a vital source of
financial support for many of FIU's underserved, low-income students that bridges the gap
between their financial aid funding and their unmet need to fund their cost of attendance at FIU;
and
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WHEREAS, increased scholarship and program financial aid are critical to ensure that
all deserving students receive the assistance needed to enroll,succeed, and graduate.; and
WHEREAS, FIU serves more than 58,000 students, 70% of whom are undergraduates,
approximately 90% of FIU undergraduate students are minorities, and nearly 25% self-identify
as first generation college students; and
WHEREAS, first generation students are more likely than their peers to come from
lower-earning households, and yet, despite the significant need, a high percentage of FIU
students receive only partial financial aid, and many students eligible for First Generation
Scholarships remain unfunded; and
WHEREAS, in 2020-21, donor investment and state-matched funds supported 889
students,while 6,555 (88.1%)students did not receive funding;and
WHEREAS, investing in FIU's First Generation Scholarship Program will benefit not only
the students, but the greater Miami Beach community; and
WHEREAS, the City of Miami Beach will contribute $28,000 for First Generation
Scholarships and partner with the Miami Beach Police Athletic League, Inc. ("MBPAL") which
will contribute $3,500, and the Miami Beach Chamber Education Foundation, Inc. ("MBCEF")
which will also contribute $3,500, for total investment in the FIU First Generation Scholarship in
the amount of$35,000; and
WHEREAS, the Florida state matching funds will provide an additional $70,000 which is
a 2:1 match yielding a total amount of$105,000 for FIU first-generation scholarships; and
WHEREAS, approximately 30 students who are residents of the City would receive a
$3,500 scholarship in the 2022-23 school year; and
WHEREAS, funding will be prioritized to meet the needs of students who are degree-
seeking undergrad students with a permanent address in the City and with zip codes of 33139,
33140, and 33141 (only residents in the City)with a preference for First Time in College (FTIC)
students;and
WHEREAS, should there be no eligible FTIC students, other Miami Beach students will
be eligible, and funding will be awarded based on financial need as indicated by the FAFSA
"unmet need" of the student; and ,
WHEREAS, in an event where there will not be enough students eligible to award the •
funds that meet these criteria, funds will be rolled over to the following year or scholarship
• amounts per student can be increased; and
WHEREAS, scholarships may be renewable upon meeting certain criteria including
recipients demonstrating financial need by completing the national Free Application for Federal
Student Aid (FAFSA) and being eligible for a Pell Grant, recipients must also be the first
generation in their family to attain a college bachelor's degree (students whose siblings have
attained or are pursuing a degree are also eligible, recipients must be residents of the State of
Florida, be enrolled in or accepted for admission to the FIU, and be a degree-seeking
undergraduate student enrolled for a minimum of six credit hours per semester.
2 •
DocuSign Envelope ID:FC4A9587-673E-4121-BA6A-6F19EB8831FE
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 approve'and authorize the City Manager and City Clerk to execute
agreements with the Miami Beach Police Athletic League, Inc. ("MBPAL")and the Miami Beach
Chamber Education Foundation, Inc. ("MBCEF")to provide funding to First Generation College
Scholarships for Miami Beach residents through agreements with Florida International
University Foundation, Inc. as part of the State of Florida 2:1 matching grant, with the total
amount of funding from the City of Miami Beach not to exceed $28,000 for School Year 2022-
23, and $3,500 each from the MBPAL and MBCEF and each subsequent 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 IT� day of September, 2022.
ATTEST:
Dan Gelber, Mayor •
Rafael Grana o, City Clerk 'y'ci,,
illiCORI' ORATED
•
•
• APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
-
City AttorneyData
•
3
DocuSign Envelope ID:FC4A9587-673E-4121-BA6A-6F19EB8831FE
Resolutions-C7 ,Q
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Aline T. Hudak, City Manager
DATE: September 14,2022
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA,APPROVING AND AUTHORIZING THE CITY
MANAGER AND CITY CLERK TO EXECUTE AGREEMENTS WITH THE
MIAMI BEACH POLICE ATHLETIC LEAGUE, INC. ("MBPAL") AND THE
MIAMI BEACH CHAMBER EDUCATION FOUNDATION, INC. ("MBCEF")TO
PROVIDE FUNDING TO FIRST GENERATION COLLEGE
SCHOLARSHIPS FOR MIAMI BEACH RESIDENTS THROUGH
AGREEMENTS WITH FLORIDA INTERNATIONAL UNIVERSITY
FOUNDATION, INC.AS PART OF THE STATE OF FLORIDA 2:1 MATCHING
GRANT, WITH THE TOTAL AMOUNT OF FUNDING FROM THE CITY OF
MIAMI BEACH NOT TO EXCEED $28,000 FOR SCHOOL YEAR 2022-23,
AND $3,500 EACH FROM THE MBPAL AND MBCEF AND EACH
SUBSEQUENT YEAR, 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.
RECOMMEND 'DON
Approve the resolution and partnerships to provide First Generation Scholarships to eligible
Miami Beach residents.
BACKGROUND/HISTORY
In January 2008, the City of Miami Beach, Florida ("City")entered into an Education Compact
with Miami-Dade County Public Schools (M-DCPS) to enhance learning opportunities for
youth. The Education Compact reflects the desire of the Miami Beach community to support
excellence in the City's public schools.
The Florida International University(FIU)First Generation Scholarship Program is supported by
an innovative matching grant program established in 2006 by the Florida Legislature. The
program provides financial support to qualified undergraduate FIU students who are the first
generation in their families to attain a college degree. This program is the only one of its kind in the
state of Florida to match private donations for first generation scholarships, providing financial
assistance for students to attend a state university or Florida college.
Page 432 of 1700
DocuSign Envelope ID:FC4A9587-673E-4121-BA6A-6F19EB8831FE
To date, FIU has awarded over 15,300 scholarships for critical financial support for FIU
students.The need, however,is far greater than the available resources—currently, less than one in
seven eligible students receives a First Generation Scholarship. As a result, many talented and
highly motivated students with limited resources are forced to attend only part-time or postpone their
education altogether. The First Generation Scholarship Program is, therefore, a vital source of
financial support for many of FIU's underserved, low-income students that bridges the gap between
their financial aid funding and their unmet need to fund their cost of attendance to FIU.
ANALYSIS
Increased scholarship and program financial aid are critical to ensure that all deserving students
receive the assistance needed to enroll, succeed, and graduate. Investing in FIU's First
Generation Scholarship Program benefits not simply the students, but the greater Miami Beach
community. FIU serves more than 58,000 students, 70% of whom are undergraduates.
Approamately 90%of FlU undergraduate students are minorities,and nearly 25%self-identify as first
generation college students.
First generation students are more likely than their peers to come from lower-earning
households.Despite the significant need,a high percentage of FIU students receive only partial
financial aid, and many students eligible for First Generation Scholarships remain unfunded. In
2020-21, donor investment and state-matched funds supported 889 students, while 6,555 (88.1%)
students did not receive funding. Receiving an award is elusive for many FIU students, as the
demand for funds exceeds FIU's aid budget.
The City of Miami Beach will partner with the Miami Beach Police Athletic League, Inc.
CMBPAL")and the Miami Beach Chamber Education Foundation, Inc.("MBCEF"). The City of
Miami Beach will contribute $28,000 for First Generation Scholarships and partner with the Miami
Beach Police Athletic League, Inc. ("MBPAL") which will contribute $3,500 and the Miami Beach
Chamber Education Foundation, .Inc. ("MBCEF")which will contribute$3,500 for total investment in
the FlU First Generation Scholarship of$35,000 and the Florida state matching funds will provide an
additional $70,000.which is a 2:1 match yielding a total amount of$105,000 for FIU first-generation
scholarships.
Approximately 30 students who are residents of the City of Miami Beach would receive a
$3,500 scholarship in the 2022-23 school year. Funding will be prioritized to meet the needs of
students who are degree-seeking undergrad students with a permanent address in the city of Miami
Beach and with zip codes of 33139, 33140, and 33141 (only residents in the city of Miami Beach)
with a preference for First Time in College (FTIC) students. Should there be no eligible FTIC
students, other students will be eligible. Funding will be awarded based on financial need as
indicated by the FAFSA"unmet need" of the student. If there are not enough students eligible to
award the funds that meet this criteria, funds will be rolled over to the following year or scholarship
per students can be increased;and
Scholarships may be renewable upon meeting criteria including recipients demonstrate financial
need by completing the national Free Application for Federal Student Aid (FAFSA) and be
eligible for a Pell Grant, recipients must be the first generation in their family to attain a college
bachelor's degree (students whose siblings have attained or are pursuing a degree are also
eligible, recipients must be residents of the State of Florida, be enrolled in or accepted for
admission to the University, and be a degree- seeking undergraduate students enrolled for a
minimum of six credit hours per semester.
Page 433 of 1700
DocuSign Envelope ID:FC4A9587-673E-4121-BA6A-6F19EB8831FE •
1
SUPPORTING SURVEY DATA
49.1%of residents are satisfied or very satisfied with public schools in Miami Beach
FINANCIAL INFORMATION
$28,000 FY 23
Applicable Area
Not Applicable
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
•
ATTACHMENTS:
Description
o Resolution
•
Page 434 of 1700
DocuSign Envelope ID:FC4A9587-673E-4121-BA6A-6F19EB8831FE
MI AM I BEACH
r:..
N/A MOU First Generation:Miami Beach Police Athletic League,Inc.2023-24
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MB Chamber Education Foundationp Education and Performance Initiatives
°'!L'6 inffa° e—`.a [fig4S.10115, v,. w:, DouSl nedib. ... ... ..
Dr.Leslie Rosenfeld � Jason Greene j .sbIA, aVt,t,A1
—194B24CA93D744F.. ,5, 2118893138C446F...
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
Type.5—Grant agreements with the City as the grantor X Other:Scholarship/Education Initiative
;.L� iratxetrn+a 3 •ose( fu'7-'ilDffta': toi E.: (.k3iir=i t ITs' :„;,1:•
On September 14, 2022, the Mayor and City Commission adopted Resolution 2022-32286 to provide funding to First
Generation,College Scholarships for Miami Beach residents with Florida International University Foundation, Inc.The total
funding from the City of Miami Beach is not to exceed$28,000 for School Year 2023-24 through Agreements with the Miami
Beach Police Athletic League,Inc.("MBPAL")and the Miami Beach Chamber Education Foundation,Inc.("MBCEF").Funding
will be divided,of which$14,000 will go to the MB Chamber Education Foundation and$14,000 to the Miami Beach Police
Athletic League,Inc.As part of the Agreement,the MBPAL will donate$3,500,and MBCEF will donate another$3,500 for total
investment in the FIU First Generation Scholarship in the amount of$35,000.
The Resolution authorizes the City Manager and the City Clerk to execute any documents or Agreements as required.Pursuant
to the authority established in the Resolution,this item seeks the City Manager's signature on the attached MOU with the
Miami Beach Police Athletic League,Inc.,approved by City Commission via Resolution 2022-32286.
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October 1,2023-September 30,2024 0 October 1,2023-September 30,2024 •
•� J��:��.. !.H r.. r:, . ` +. �,si µ I ea' jl_iV'.)Li.t111.ii�Ala iJ tA}'4S��z,�'�..°j �i .. •
Grant Funded: I Yes X No State Federal Other
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1 $14,000.00 011-0332-000343-16-400-582-00 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 the current fiscal year only.Future years are subject to City Commission approval of
the annual adopted operating budget. f a
T + U. r+h .. :'�' fir_..._ -.�,�.. ...:?'IIU.1,'•.j7`VJl 1 y 4r,r 5-t�ui c� °+In t .. �:3 _. - _. +.�L City Commission Approved: X Yes No Resolution No.: CC Agenda Item No.: CC Meeting Date:
2022-32286 C7 Q September 14,2022
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:
y y r L. ey• � � i, }+"..S..J3.S tllJ_11.L^.x�nCl.e'�!.l'S`;�CRii?=.�:..lJlit�7�.)�.:1�71. ,F..��n .r�"7 f..
Procurement: N/A Grants: N/A
Budget:Tameka Otto Stewart C—Daouslgned by: Iriformation N/A
• Technology: _
Risk Management:Marc Cheva' 20B4A6 E1463.. . I Fleet&Facilities: N/A
t.40
Human Resources: �ecr �@29674o49B... Other: N/A