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