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HomeMy WebLinkAboutReso 2011-1825 RESOLUTION NO. 2011- \e ~5 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING AN AGREEMENT BETWEEN THE SCHOOL BOARD OF MIAMI- DADE COUNTY, FLORIDA, AND THE CITY OF SUNNY ISLES BEACH FOR AN ADDRESS VERIFICATION PROGRAM, IN SUBSTANTIALLY THE SAME FORM ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT; AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, there is evidence indicating that an unknown number of students at the Norman S. Edelcup Sunny Isles Beach K-8 school do not actually live in the geographic area served by the school; and WHEREAS, the school has been an 'A' rated school since it opened, making it a magnet for parents looking for a good education for their children resulting in overcrowding and the conversion of art and music rooms into regular classrooms, diminishing the total educational experience of the students; and WHEREAS, the verification program provides for a new school employee who will work to verify the legal address of every student in the school administratively and field work where the employee visits the listed addresses of students to verify that they live there; and WHEREAS, the verification program will commence on January 3, 2012 and end on June 30, 2012, in an amount not to exceed Four Thousand Dollars ($4,000.00) a year for the first two (2) years, after which the City will provide full funding for the Plan in an amount not to exceed Ten Thousand Dollars ($10,000.00) for the school year; and WHEREAS, the City and the County wish to enter into this Agreement for a Sunny Isles Beach Address Verification Plan for the Norman S. Edelcup Sunny Isles Beach K-8, attached hereto as Exhibit "A". NOW THEREFORE, BE IT RESOLVED BY THE CITY 'te~MISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: \ Section 1. Approval of Agreement. The Agreement with the School Board of Miami-Dade County, Florida, for a Sunny Isles Beach Address Verification Plan for the Norman S. Edelcup Sunny Isles Beach K-8, attached hereto as Exhibit "A", be and the same, is hereby approved. R2011- Agrmt with School Board Address Verification Page I of2 Section 2. Authorization of Mayor. The Mayor IS hereby authorized to execute said Agreement. Section 3. Authorization of the City Manager and City Attorney. The City Manager and City Attorney are hereby authorized to do all things necessary to effectuate this Resolution. Section 4. Effective Date. This Resolution will become effective upon adoption. PASSED AND ADOPTED this 15th day of December 2011. ATTEST: ~ ~A~ Jane A. Hines, CMC, City Clerk APPROV D AS TO FORM AND E L UFFICIENCY: Vote: 5-0 Moved by: Co~ <;'("~D L.L Seconded by: "l~ M.~,"", T \-\~Lt~ Mayor Edelcup Vice Lewis Thaler Commissioner Aelion Commissioner Gatto Commissioner Scholl v (Yes) V (Yes) V(Yes) V (Yes) V(Yes) _(No) _(No) _(No) _(No) _(No) R2011- Agrrnt with School Board Address Verification Page 2 of2 PROGRAM GRANT AG~EMENT \ FOR SUNNY ISLES BEACH ADDRESS VERI FICA nON PLAN This Program Grant Agreement for th~ Sunny Isles Beach Address Verification Plan ("Agreement") is entered into this I::; day of (?(1u .2012, by and between the City of Sunny Isles Beach, a Florida municipal corporation hereinafter referred to as the "City"), and the School Board of Miami-Dade County, Florida, a political subdivision of the State of Florida, (hereinafter referred to as the "School Board"). In Consideration of the mutual covenants and agreements herein contained, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged the School Board and the City agree as follows: Section 1. Implementation of Address Verification Plan (t rhe School Board and the City agree that commencing 'Z 1:> , '2-- and continuing during the term hereof, the parties hereto shall implement the Sunny Isles Beach Address Verification Plan ("the Plan") for school year ending June 30, 2012, as set forth in Exhibit "A" hereto. Any amendments to the Plan must be agreed to in writing by the parties hereto. (b) The School Board agrees, subject to the availability of funding as set forth in Section 2 below, to support the hiring of a part-time clerical assistant at the Norman S. Edelcup Sunny Isles Beach K-8 (NSE K-8) school in Sunny Isles Beach and to administer the Plan commencing on January 3, 2012 and ending June 30, 2012 at the school. The job description for the positions shall be substantially similar to the description attached hereto as Exhibit "B". The City and the School Board shall both agree on the selection of the part-time clerical assistant. (c) The School Board shall provide monthly written reports to the City regarding the progress and results of the implementation of the Plan. The report shall break down the data for the school on attendance boundary. The parties agree such reports and the activities related to this Agreement shall comply with the Federal Education Rights and Privacy Act (FERPA), 20 U.S.C. ~1232g, and the Florida Education Code and School Board Policies and Procedures. (d) The parties hereto hereby acknowledge and agree that the children of active military personnel assigned to the Department of the Army, United States Southern Command who attend Miami-Dade County public school shall have equal priority, for enrollment purposes, with the students that reside in the attendance boundaries of the school in Sunny Isles Beach. Page 1 of 11 Section 2. Fundinq (a) The City agrees that it shall request the City Commission each fiscal year to allocate the necessary funding for the implementation and operation of the Plan. The School Board agrees to provide $5,000.00 a year for the first two years of this agreement. The City agrees to provide $4,000.00 a year for the first two years of this agreement, after which the City will provide full funding for the Plan pursuant to the District's costs as determined by the School Board and agreed to by the City Commission, including, without limitation, compensation plus fringe benefits, not to exceed $10,000.00 as set forth in subsection (b), for the duration of this Agreement and for the duration of the Plan, defined herein as "Adequate Funding." (b) The parties acknowledge that the average salary of the part-time assistant is approximately $10 per hour, with an anticipated workload of 25 hours per week. Payment will be made to the School Board within 30 days of the City receiving an invoice from the School Board, not to exceed $4,000.00 for school years ending June 30,2012 and June 30, 2013. The School Board should invoice the City with the names of the part-time clerical assistant and the number of hours logged per month for the project. The final amount of the allotted funding is a maximum of $4,000.00, (inclusive of reimbursement for fringe benefits) for the school year, ending June 30, 2012 and will be transmitted to the School Board in a timely manner that will ensure that the part-time clerical assistant will receive their approved salary and fringe benefits. Annual funding from the City Commission for the school years beyond the first two years of this agreement will not exceed $10,000.00 for the school year unless agreed to in advance and in writing by the City. (c) The parties hereto agree that the School Board shall have no financial obligation or liability in connection with the Plan other than what is provided for in subsection (a). If the City Commission fails to allocate Adequate Funding for the Plan in any given fiscal year, the School Board shall have no obligation to carry out the Plan. Section 3. Resolution of Disputes If the parties to this Agreement are unable to resolve any issue in which there may be a disagreement covered in or concerning their respective rights, duties or responsibilities under this Agreement, the parties will employ dispute resolution procedures pursuant to Chapter 164 or Chapter 186, Florida Statures, as amended from time to time, or any other mutually acceptable means of alternative dispute resolution. Each party shall bear their own attorney's fees and costs. Section 4. Effective Date and Term This Agreement shall become effective upon execution by both, the School Board and the City, ("Effective Date"), and shall remain in full force and effect for the duration of this agreement. This agreement will automatically renew each year unless otherwise cancelled. This Agreement may be cancelled by either party provided that thirty (30) days notice is provided. The School Board may terminate this agreement with thirty (30) days notice if the City fails to provide Funding. 2 Section 5. Severabilitv If any item or provision of this Agreement is held invalid or unenforceable, the remainder of the Agreement shall not be affected and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. Section 6. Notice and General Condition All notices which may be given pursuant to this Agreement, except notices for meetings provided for elsewhere in this Agreement, shall be in writing and shall be delivered by personal service or by certified mail return receipt requested addressed to the parties at their respective addresses indicated below or as the same may be changed in writing from time to time. Such notice shall be deemed given on the day on which personally served, or if by mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier. Alan J. Cohen City Manager City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FL 33160 Phone: 305-792-1776 Fax: 305-792-1561 cc: Hans Ottinot, Esq. City Attorney City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FL. 33160 Phone: 305-792-1702 Fax: 305-792-1562 Superintendent The School Board of Miami-Dade County, Florida 1450 N.E. 2nd Avenue, Room 912 Miami, Florida 33132 Copy to: School Board Attorney nd 1450 N.E. 2 Avenue, Room 430 Miami, Florida 33132 Phone: 305-995-1304 Fax: 305-995-1412 3 Title and Paragraph headings are for convenient reference and are not intended to confer any rights or obligations upon the parties to this Agreement. Section 7. Merqer Clause This Agreement, together with the Exhibits hereto, sets forth the entire agreement between the parties and there are no promises or understandings other than those stated therein. It is further agreed that no modification, amendment or alteration of this Agreement shall be effective unless contained in a written document executed with the same formality and of equal dignity herein. The Exhibits to this Agreement will be deemed to be incorporated by reference as though set forth in full herein. In the event of a conflict or inconsistency between this Agreement and the provisions in the incorporated Exhibits, then this Agreement will prevail. Section 8. Counterparts Clause This Agreement may be executed in counterparts and facsimiles shall constitute best evidence for all purposes. Section 9. Most Favored Nation Should the School Board enter into an agreement with another municipality, similar in nature to this Agreement, which provides more beneficial terms than those agreed to herein, the School Board shall offer the same terms to the City. Section 10. Assiqnment Neither party hereto may assign this agreement without the prior written consent of the other party hereto. Section 11. Governinq Law; Compliance with Laws This Agreement will be interpreted and enforced in accordance with Florida law. The Parties agree that they shall comply with all applicable laws, ordinances and codes of all applicable governmental authorities. To the extent this Agreement conflicts with said laws, rules, ordinances or codes, said laws, rules, ordinances and codes shall prevail. Section 12. Enforcement of Aqreement: Venue In the event that either Party is required to enforce this Agreement by court proceedings or otherwise, then the Parties agree that each Party shall be responsible for all fees and costs incurred by such Party, including attorneys' fees and costs, of trial, alternate dispute resolutions, or appellate proceedings. Venue shall be in Miami-Dade County, Florida. 4 Section 13. No Third Party Beneficiaries This Agreement is solely for the benefit of the Board and the City and no right or cause of action shall accrue upon or by reason, to or for the benefit of any third party not a formal party to this Agreement. Nothing in this Agreement expressed or implied is intended or shall be construed to confer upon any person or corporation other than the Board and The City any right, remedy, or claim under or by reason of this Agreement or any of the provisions or conditions of this Agreement; and all of the provisions, representations, covenants, and conditions contained in this Agreement shall inure to the sole benefit of and shall be binding upon the Board and the City, and their respective representatives, successors, and assigns. IN WITNESS WHEREOF, this Program Grant Agreement for Sunny Isles Beach Address Verification Plan has been executed by and on behalf of the City of S~ny Isles Beach and the School Board of Miami-Dade County, Florida, on this (-" - day of .r4,2012. The School Board of Miami-Dade County, Florida By: ~ /~lberto::M: Carvalho ~uperintendent of Schools Date: \~IIV TO THE SCHOOL BOARD Appro d as to form nd legal sufficiency: )-() /r--- 5 PROGRAM GRANT AGREEMENT FOR SUNNY ISLES BEACH ADDRESS VERIFICATION PLAN CITY OF SUNNY ISLES BEACH ATTEST: C ~A-~.-~ JANE A. HINES, CMC CITY CLERK B~/~ Nq MAN S. EDELCUP iAYOR APPROVED AS TO FORM AND LEGAL SUFFICIENCY FOR THE SOLE BENEFIT OF THE CITY OF Y ISLES BEACH TINOT Cj Y ATTORNEY 6 EXHIBIT "A" Sunny Isles Beach Address Verification Plan 7 SUNNY ISLES BEACH ADDRESS VERIFICATION PLAN Action Step Responsible Party .'-"rN . ll.\ ~ '* (.\'1 , __~v :,,~ ~ 1 . .,. -.- ~ NV-- fl.'. ~ !< Parent must provide the following information: FPL Bill (If utility is part of rental it must say so in lease) LeaselDeed or Rental Agreement Letter from homeowners association or Leasing Office Parents will have 30 days to provide needed documentation Ii' " !oil,?, , "'I ml"!WI' ryl' \iR 1ti~~ 'i2 ~ ~~JlII; "I Ii .' .... ". ,.,.;;;'. IJ:'.....,,, ,,'i\IJ Provide original letter when requested Provide each school with a sample letter for reference purpose Need list of each community and name of association attached Ii" "~if ilcli"l' ~~If~ ~".~'4:~#' .Af" f11 !:JIi" ',i'(' -,.-, e', ',,'I, !~~ ~j!;;; '.:1i1! :1,. ~fi ~ ~ ",- ~ - '.- '_"11a1;:l ~ '" c ~ ~..' . -j;!- ~. !:lI "::"'~T;'''::~,~; t.Wfr,'iL"i-~ ~J.\ ,,,,XI .-,,~F ,." !< ~ 'l!_~ 'Il! 'r le;\1! ~'. ','~ ['ii' .,~ !!. !:I ~y ~ ~ .. .- ,,~,- " :il' ~ r.:i'",ot,j<2'&t ~-_~,,'p,~4 .f/ A; " ';"';'~, iii' ..i\{J'i '" tt-i!il.l;t.:H,.. t'l 4.,,' ;i)1.~~- '1\\",,,,1 ,"\;<, -", 1~~'iF' ,'I,} ",' -,,:-! ..r., i.8. ~ Start Address Verification of current population: a. K-8 start with 5 and moves to 151 , Have personnel request the same information aswe would a new entry from the student. II' '. I> i ~;J' ';,,,", ~~,'&' . "".;,,, ~.. ~j ~ ,:-;'Mo-, ,,-;;CC ~ .' ..:,; E ." '" '" '.' , _~'."';;' i.' ,. ~, r ~ ., .. N~'''''''' ... ~~ \m ~,:f' B~/,:'+: if'~ "~~~ .~,b ,"" .J~l!. .~ ~~ .~ . .~.: J~~!I If'u~li .. '-,; _iW~,l!f. ~. Wic\"'l'. . .~, ,). J!l;~' 0. I!IJ , . !.or:LF 8 EXHIBIT "B" Clerical Job Description CITY OF SUNNY ISLES BEACH ADDRESS VERIFICATION Clerical Job Description 1. Conduct current student address verification 2. Maintain a log/spreadsheet tracking students being verified and at what point in the process they are. a. Verification is requested from student, if not provided b. Parent is contacted and verification is requested with a due date, if not provided c. Information will be forwarded to City of Sunny Isles Beach PD to conduct physical address verification d. Monthly reporting of numbers of contacts e. Verification of address through the use of miamidade.gov verify Homestead Exemption Status 3. Assist with parent/student communication in writing and by phone 4. Assist in registrations, withdrawals and transfers 5. Assist in maintaining and updating emergency contact card information 6. Assist in correcting non-valid phone numbers 11 """Sample Association Letter""" Homeowner Association This is to inform you that the City of Sunny Isles Beach and Miami Dade Public Schools have partnered together in order to conduct a Sunny Isles Beach Address Verification. This address verification process is being conducted to confirm that students currently enrolled in the public schools reside within the established attendance boundaries. In order to conduct these address verifications your assistance is needed. During this process residents in your communities with students in public school will be contacted by school personnel and asked to provide the following information: The most current FPL bill for your residence LeaselDeed or Rental Agreement Letter from homeowners association or Leasing Office We are requesting that you assist these parents by providing them with the required letter from your office. This letter is a vital part of the verification process, especially with families that indicate they reside with another family and that is the reason their name does not appear on the lease or deed. The letter you provide must be an original copy on your letterhead. A copy of each association's letterhead will be provided to each school to assist in ensuring authentication of the letters parents provide. In addition, school personnel may contact your office for confirmation of the information on the letter. Thank you for your support of this matter Sincerely, Mayor 9 "'Sample School Letter'" "'To be placed on individual school Letterhead'" Dear Parent/Guardian This is to inform you that Miami Dade Public Schools and the City of Sunny Isles Beach have partnered together in order to conduct a Sunny Isles Beach Address Verification. This address verification process is being conducted to confirm that students currently enrolled in our public schools reside within the established attendance boundaries. In addition, this process will ensure that the contact information we have on file for your child is accurate, and this will assist in continuing the communication between our school and you. During this process you, or your student1 will be contacted by school personnel and asked to provide the following information: The most current FPL bill for your residence LeaselDeed or Rental Agreement Letter from homeowners association or Leasing Office The City of Sunny Isles Beach has communicated with homeowners associations and leasing offices to inform them of this process. Again, this information will be requested from every student currently enrolled in our school. This same information is being requested from all new registrations and transfers into our schools. We are requesting that you begin collecting this required information so that when you or your student receive the request, you are able to provide it in a timely manner. Having this information ready will greatly assist in expediting this address verification process. This process will take some time, but we assure you that every effort will be made to verify addresses as quickly as possible. Thank you for your continued support and understanding concerning this matter Sincerely, School Principal 10 Preview Page 1 of2 City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3113 Fax MEMORANDUM TO: The Honorable Mayor and City Commission FROM: Alan J. Cohen, City Manager DATE: 12/15/2011 RE: Agreement with MD School District with Sunny Isles Beach for an Address Verification Program RECOMMENDATION: Approve the agreement REASONS: The agreement provides for a way to verify that all students at the Norman S. Ede1cup Sunny Isles Beach K-8 are in fact legal residents of the geographic area served by the school. ADDITIONAL INFORMATION: There is evidence that a number of students at the Norman S. Edelcup Sunny Isles Beach K-8 school do not actually live in the geographic area served by the school. The school has been an 'A' rated school since it has opened, making it a magnet for parents looking for a good education for their children. While this is understandable, these parental efforts result in school overcrowding and the conversion of art and music rooms into regular classrooms, thus diminishing the total educational experience of the students. This co-funded verification program provides for a new school employee who will work to verify the legal address of every student in the school. The job involves both administrative and field work, the latter to visit the listed addresses of students to verify that they actually live there. A TT ACHMENTS: . Resolution http://sibagenda.sibfl.net/agenda/Preview .aspx?I temID=666&MeetingID=0&MeetingDate... 12/9/2011 Preview Page 2 of2 . SIB Address Verification Plan http://sibagenda.sibfl.net/agendalPreview.aspx?ItemID=666&MeetingID=O&MeetingDate... 12/9/2011