HomeMy WebLinkAboutReso 2011-1826
RESOLUTION NO. 2011-J ~ ~ln
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, APPROVING AN
INTERLOCAL AGREEMENT BETWEEN THE SCHOOL BOARD
OF MIAMI-DADE COUNTY, FLORIDA, AND THE CITY OF
SUNNY ISLES BEACH TO FINANCE AND COST SHARE IN THE
DESIGN AND CONSTRUCTION OF A CLASSROOM ADDITION
AT THE NORMAN S. EDELCUP/SUNNY ISLES BEACH K-8
FACILITY, IN SUBSTANTIALLY THE SAME FORM
ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE
MA YOR 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, Section 163.01, Florida Statutes, the "Florida Interloca1 Cooperation Act of
1969", authorizes public agencies to enter into interlocal agreements for fur mutual benefit and to
provide facilities to service the needs of local communities; and
WHEREAS, Section 166.021, Florida Statutes, authorizes the City to exercise any power
for municipal purposes, except when expressly prohibited by law; and
WHEREAS, the City and the School Board of Miami-Dade County entered into that
certain Interlocal Agreement dated April 11, 2006 ("Interlocal Agreement") which addressed the
terms and conditions of a collaborative effort between the Pmties to jointly fund land acquisition
to enable the construction of the educational facility now known as the Norman S.
Edelcup/Sunny Isles Beach K-8 facility; and
WHEREAS, the City and School Board now intend to enter into this Agreement setting
forth the terms and conditions of a new collaboration to provide financing and cost share in the
design and construction of a classroom addition over the existing cafeteria of the K-8 facility,
subject to the terms and conditions provided in the Agreement; and
WHEREAS, the City and the School Board recognize that there is a need for the
classroom addition to accommodate student enrollment growth at the K-8; and
WHEREAS, the City and the School Board wish to enter into this Interlocal Agreement
to finance and cost share in the design and construction of a classroom addition at the Norman S.
Edelcup SumlY Isles Beach K-8, attached hereto as Exhibit "A".
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
R2011- Agnnt with School Board School Expansion
Page 1 01'2
Section 1. Approval of Interlocal Agreement. The lnterlocal Agreement with the School
Board of Miami-Dade County, Florida, to finance and cost share in the design and construction
of a classroom addition at the Norman S. Edelcup Sunny Isles Beach K-8, in substantially the
same form attached hereto as Exhibit "A", is hereby approved.
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.
ATTEST:
~A~
Jane A. Hines, CMC, City Clerk
AS TO FORM
ICIENCY:
Moved by:
r1'\l'V\~ ")".~tM Sc:::.\-loLL
Vote: S-o
Seconded by:
\It",". v'Y\~V" -r H~L~..e..
Mayor Edelcup
Vice Lewis Thaler
Commissioner Aelion
Commissioner Gatto
Commissioner Scholl
v (Yes)
V (Yes)
~(Y es)
~(Y es)
-.0Y es)
_(No)
_(No)
_(No)
(No)
_(No)
R2011- Agrmt with School Board School Expansion
Page 201'2
Interlocal Agreement by and between the City of Sunny Isles Beach, Florida,
and The School Board of Miami-Dade County, Florida
INTERLOCAL AGREEMENT BY AND BETWEEN
THE CITY OF SUNNY ISLES BEACH, FLORIDA
AND THE SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA
TO FINANCE AND COST SHARE IN THE DESIGN AND CONSTRUCTION
OF A CLASSROOM ADDITION AT THE
NORMAN S. EDELCUP/SUNNY ISLES BEACH K-8 FACILITY
-f
THIS INTERLOCAL AGREEMENT (the "Agreement") is entered into as of the
\S'~ day of~, 2011, by and between the CITY OF SUNNY ISLES BEACH, FLORIDA, a
Florida municipal corporation, its successors and assigns (hereinafter referred to as the "City")
and THE SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA, a public body
corporate and politic existing under the laws of the State of Florida, its successors and assigns
(hereinafter referred to as the "Board"). The City and Board are sometimes referred to herein
individually as a "Patty" and collectively as the "Patties". The effective date (the "Effective
Date") of this Agreement shall be the date this Agreement is fully executed by the Parties, but in
no event later than January l5, 2012.
RECITALS
WHEREAS, Section 163.01, Florida Statutes, the "Florida Interlocal Cooperation Act
of 1969", authorizes public agencies to enter into interlocal agreements for mutual benefit and to
provide facilities to service the needs of local communities; and
WHEREAS, Section l66.021, Florida Statutes, authorizes the City to exercise any power
for municipal purposes, except when expressly prohibited by law; and
WHEREAS, the City and Board entered into that certain Interlocal Agreement dated
April -11, 2006 ("Interlocal Agreement") which addressed the terms and conditions of a
collaborative effort between the Parties to jointly fund land acquisition to enable the construction
of the educational facility now known as the Norman S. Edelcup/Sunny Isles Beach K-8 facility
(interchangeably referred to as "the K-8" or "the School"); and
WHEREAS, the City and Board now intend to enter into this Agreement setting forth the
terms and conditions of a new collaboration to provide financing and cost share in the design and
construction of a classroom addition over the existing cafeteria of the K-8 (interchangeably
referred to herein as the "Addition" or "the Project"), subject to the terms and conditions
provided in this Agreement; and
WHEREAS, the City and Board recognize that there is a need for the classroom addition
to accommodate student enrollment growth at the K-8; and
WHEREAS, the City and Board have determined that it shall serve the public interest to
enter into this Agreement in order to fully set forth mutually acceptable terms and conditions of
this collaborative effort between the Parties relative to the Addition; and
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Interlocal Agreement by and between the City of Sunny Isles Beach, Florida,
and The School Board of Miami-Dade County, Florida
WHEREAS, the School Board of Miami-Dade County, Florida, authorized the execution
of this Agreement at its meeting of December 14, 2011, Board Action #115,383, and the City
Commission in turn authorized execution of this Agreement at its meeting of December 15,
2011.
NOW THEREFORE, in consideration of the terms and conditions, promises and
covenants hereinafter set forth, the Parties agree to and accept the responsibilities set forth in this
Agreement.
Section 1.
Recitals.
The above recitals are true and correct and are incorporated herein.
Section 2. Purpose. The purpose of this Agreement is to set forth terms and conditions
acceptable to the Parties for the financing and cost sharing of the design and construction of the
Addition, including a timeline for the project's implementation, as well as to define certain
operational improvements at the K-8, such as signage and additional Miami-Dade County Public
Schools ("School District") provided bus transportation for the K-8 students. As it relates to the
Project, the Parties agree that it shall be subject to and comply with all laws, codes, ordinances,
rules and regulations applicable to traditional public schools.
Section 3. Project Description. Subject to the terms and provisions of this Agreement, the
City and Board agree to the following:
A. Proposed K-8 Addition:
The Project shall consist of an addition over the existing K-8 cafeteria, to include
12 intermediate classrooms with individual restrooms, for an estimated 264 total
student stations, and walkway connectors between the Addition and the existing
School facility, as depicted in the conceptual site plan (Attachment "A");
B. Project Cost Financin2:
The estimated total project cost is $4 million ("the Project Cost"), which includes
site work, design, construction and FF&E (Furniture, Fixtures and Equipment).
The Parties agree that the City shall either provide for the upfront funding of the
Project Cost, based on the terms and conditions set forth in Attachment "B",
Option A., or provide for funding for its contribution, up to $2,000,000, as
provided for in Attachment "B", under Option B., if said option is exercised by
the Board. The Parties further agree that the Board and the City shall share in the
project cost. The Parties cost responsibilities shall be as follows:
C. Cost Sharin2 Responsibilities:
Board - The Board's share of the project cost shall be $2 million, provided
however that any project cost overruns over and above the estimated $4 million
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Interlocal Agreement by and between the City of Sunny Isles Beach, Florida,
and The School Board of Miami-Dade County, Florida
cost shall be borne by the Board. The Board's share of the project cost shall be
contributed to the City based on the payment schedule set forth in Attachment
"B", if Option A. is exercised by the Board. Under said Option A, it is further
agreed by the Patties that the Board shall have the right but not the obligation to
satisfy its contribution obligations, in whole or in part, under this Agreement
earlier than contemplated, or to otherwise accelerate such contributions, without
incurring penalties or other fees.
City - The City's share of the project cost shall be a not-to-exceed amount of $2
million.
Notwithstanding the above, if the total project cost is less than $4 million, each of
the Parties shall share equally in the cost reduction.
D. Project Desi2n and Construction:
The Board shall be responsible for design and construction of the Project,
including commissioning of a design professional and award of construction
contract, all in accordance with all state governing laws and regulations, as they
pertain to public schools. Additionally, the Board shall design and build the
Project in accordance with all applicable state regulations and codes in place at
the time of design and construction, specifically as they peltain to public school
facilities. The Board shall also be responsible for the Project's site plan review,
permitting and inspection activities, as provided by state law governing public
schools.
The Board agrees to engage the City during the design and construction
processes, by inviting the City to participate in progress reviews during the design
stage and in construction meetings during construction. The Board also agrees to
have School District designated staff provide to the City Commission or its
designee a courtesy presentation on the overall conceptual site plan, once same is
developed. A copy of the conceptual site plan shall be provided to the City ten
calendar days prior to the scheduled courtesy presentation.
E. Timin2 of Construction:
The Board agrees that it will achieve substantial completion of the Project in time
for the 2013-2014 school year.
Section 4.
Additional K-8 Operational Improvements.
A.
Additional School Zone Signage - The Parties agree that school zone signage,
appropriately located and in sufficient quantity, is paramount to student safety.
As such, the Parties agree to collaborate on the installation of new school zone
signage in the vicinity of the K-8, generally in conformance with Attachment
"C", or as may be modified upon further review by the Parties, including sharing
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vlB
Interlocal Agreement by and between the City of Sunny Isles Beach, Florida,
and The School Board of Miami-Dade County, Florida
in any associated costs on a 50/50 basis and jointly requesting the additional
signage and related installation, if and as required, from Miami-Dade County or
any other jurisdictional agency;
B. Additional School Bus Stops - The Parties agree that the availability of school
bus transpOltation choices to parents and students of the K-8 has positively
contributed to a more efficient traffic flow at and in the vicinity of the K-8;
particularly since the K-8 is in a highly urbanized area with adequate yet
somewhat constrained access points. The Parties acknowledge that the current
school bus transpOltation options have played a positive role in easing some of the
potential traffic congestion at or in near the K-8, particularly during drop-off and
pick-up times. The Parties further acknowledge that exploring the feasibility of
adding stops to existing routes to fmther ease congestion at or near the K-8 is
desirable, and agree to do so in a collaborative fashion and to the extent possible,
taking into consideration student safety, need and demand. If the Parties find that
new bus stops would be warranted and could be added in a safe and efficient
manner, the Board agrees to implement the associated changes in its existing
school bus routes, at no cost to the City.
For purposes of this Agreement, the routes and stops implemented for school year
2011-12 and any additional stops implemented for school year 2012-2013 shall
serve as the Level of Service (LOS) baseline. Any requests for additional stops,
irrespective of source shall be reviewed using the following protocol: all requests
shall be submitted to the School Principal, who shall in turn review and
coordinate same with the Regional Superintendent and with the appropriate staff
at the District's Department of TranspOltation. The results of said review and
proposed action shall, in each instance be communicated back to the requestor
and to the City for their information.
For school year 2012-13, the Parties agree that the School District shall add a stop
at approximately N.E. 174 Street and North Bay Road.
Section 5.
Additional Collaboration Efforts.
A.
Post-Disaster Use of School Facility by City - The Parties agree that following
a hurricane or other natural disaster requiring the temporary evacuation of the
areas lying adjacent to the School as well as the temporary suspension of School
activities, interagency cooperation is essential to restoration of essential public
services. In the spirit of cooperation and in furtherance of the greater public good,
the Parties agree that the City may use select areas of the School for staging of
emergency relief activities during the post-disaster period, with the understanding
that such activities shall not in any way impair the Board's own efforts to mitigate
any damage incurred by the School or delay the reopening of the School for
students. Each year, at least thirty (30) days prior to the official start of the
hurricane season, the City, the School site administrator and the School District's
emergency management administrator shall jointly identify and agree upon the
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Section 6.
A.
Interlocal Agreement by and between the City of Sunny Isles Beach, Florida,
and The School Board of Miami-Dade County, Florida
areas within the School that would be used for post-disaster staging activities by
the City.
B.
Joint Use of School's Art and Music Rooms - The Parties agree that the
Board's use of the City owned and operated Pelican Park facilities during school
hours and on a routine basis has been extremely beneficial to the K -8 students.
Likewise, the City has requested use of the Art and Music Rooms at the School
for its programs, when they are not in use by the School, after hours and on
weekends. As such, the Parties agree to collaborate annually, no later than thirty
(30) days following the opening of schools, on a mutually acceptable schedule for
the City's use of the herein referenced School spaces for its activities. The City
shall be responsible for any costs associated with its use of the referenced spaces,
to include electricity, custodial and any required security.
c.
Student Address Verification Plan - The Parties agree that it is desirable to
ensure that as many of the students in grades K-8 living within the School's
attendance boundaries and desiring to attend the School are in fact able to do so.
To that end, appropriate School District staff shall develop and implement a
student address verification plan to be in effect upon execution of this Agreement
and which shall remain in effect subject to funding by the City.
D.
Possible future expansion of the School - The Parties acknowledge that there
may be a future need for additional student stations to serve the City residents. To
that end, the Board's Five-Year Capital Plan includes a line item, presently
unfunded, for a future off-site addition. Funding for any such additional student
stations is subject to availability of future capital revenues and annual
prioritization of capital needs by the Board. The Parties agree to explore joint
funding opportunities for any future Board-approved and funded expansion
projects for the School and further agree that the City will contribute up to $1.5
million to any related property acquisition on a 50/50 cost share basis, provided
however that the Parties understand that the City will not initiate or be a party to
any eminent domain proceeding relating to any such future property acquisition
by the Board.
Miscellaneous.
Unavoidable Delav. In the event that either the Board or the City are unable to
meet the deadline for completion of their respective obligations under this
Agreement due to any circumstance beyond the control of the Board and/or City,
including without limitation, the occurrence of a force majeure event, then the
time for such performance shall be extended for such reasonable period of time as
may be required by such circumstance or the occurrence of such event. The term
"force majeure" shall include without limitation labor strikes (whether lawful or
not), fire, hurricanes, adverse weather conditions, unavoidable casualties, inability
to obtain labor or materials, Acts of God, vandalism, terrorism, civil unrest,
moratoriums and the like.
5
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Interlocal Agreement by and between the City of Sunny Isles Beach, Florida,
and The School Board of Miami-Dade County, Florida
B. Notices. All notices, request, consents, and other communications under this
Agreement ("Notices") shall be in writing and shall be personally delivered,
mailed by First Class Mail, postage prepaid, sent by overnight delivery service or
by electronic mail to the parties as follows:
If to the School Board:
Superintendent
Miami-Dade County Public Schools
1450 N.E. Second Avenue, Room 912
Miami, Florida 33132
Fax: (305) 995-1488
With a Copy to:
School Board Attorney
The School Board of Miami-Dade County
1450 N.E. Second Avenue, Room 430
Miami, Florida 33132
Fax: (305) 995-1412
If to the City:
City Manager
City of Sunny Isles Beach
18070 Collins Avenue, 4th Floor
City of Sunny Isles Beach, Florida 33160
Fax: (305) 792-1561
With a Copy to:
City Attorney
City of Sunny Isles Beach
18070 Collins Avenue, 4th Floor
City of Sunny Isles Beach, Florida 33160
Fax: (305) 792-1562
Except as otherwise provided in this Agreement, any Notice shall be deemed
received only upon actual delivery at the address set forth above. Notices
delivered after 5:00 p.m. (at the place of delivery) or on a non-business day, shall
be deemed received on the next business day. If any time for giving Notice
contained in this Agreement would otherwise expire on a non-business day, the
Notice period shall be extended to the next succeeding business day. Saturdays,
Sundays, and legal holidays recognized by the United States government shall not
be regarded as business days. Counsel for the Board and counsel for the City may
deliver Notice on behalf of the Board and the City, respectively. Any party or
other person to whom Notices are to be sent or copied may notify the other parties
and addressees of any change in name or address to which Notices shall be sent
by providing the same on five (5) days written notice to the Parties.
C. Default. An event of default shall be deemed to have occurred by either Party to
this Agreement if such Party fails to observe or perform any covenant, condition
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Interlocal Agreement by and between the City of Sunny Isles Beach, Florida,
and The School Board of Miami-Dade County, Florida
or agreement of this Agreement, or breaches a representation contained herein,
and such failure or breach continues for a period of thirty (30) days after written
notice specifying such default and requesting that it be remedied is sent to the
defaulting Party by the non-defaulting Party; provided, however, that if the
default is curable but cannot be cured within thilty (30) days, then the defaulting
Party shall have such additional time as is reasonably needed to cure such default
so long as the defaulting Party promptly commences and diligently pursues the
cure of such default to completion. If an event of default shall have occurred and
shall continue, the non-defaulting Party shall be entitled to all remedies available
at law or in equity which may include, but not limited to, the right to damages
and/or specific performance.
D. Enforcement of A2reement. Except as set forth in Attachment B, 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 all attorneys' fees and costs (of trial,
alternative dispute resolutions, or appellate proceedings).
E. Entire A2reement. As it pertains to the Addition, this Agreement embodies the
entire agreement of the Parties relating to the subject matter hereof, and
supersedes all prior written and/or oral understandings or agreements with respect
thereto.
F. Amendments. Amendments to the provisions contained in this Agreement may
be made only by an instrument in writing which is executed by both Parties.
G. Joint Preparation. This Agreement has been negotiated fully between the
Parties as an arms-length transaction. Both Parties participated fully in the
preparation of the Agreement and received the advice of counsel. In the case of a
dispute concerning the interpretation of any provision of this Agreement, both
Parties are deemed to have drafted, chosen, and selected the language, and the
doubtful language will not be interpreted or construed against any Party.
H. Assi2nment. This Agreement may not be assigned, in whole or in pmt, by any
Party without prior written consent of the other Party, which may be granted or
withheld in its sole discretion. The Board agreement to collaborate with the City
on the project does not extend to the selection of the design professionals,
contractors or other parties engaged by the Board in connection with or for the
purpose of performing any of the Board's obligations hereunder, as long as the
Board adheres to the applicable state and local laws regulating the selection of
such parties.
I. 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
the Agreement expressed or implied is intended or shall be construed to confer
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Interlocal Agreement by and between the City of Sunny Isles Beach, Florida,
and The School Board of Miami-Dade County, Florida
upon any person or corporation other than the Board and the City any right,
remedy, or claims 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.
J. Joint Defense. In the event that the validity of this Agreement is challenged by a
third party or parties unrelated to the Parties through legal proceedings or
otherwise, the Parties hereto agree to cooperate with each other in defense of this
Agreement, with each such Party to bear its own attorney's fees and costs
associated with such defense.
I
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K.
Severability. The invalidity or unenforceability of anyone or more provisions of
this Agreement shall not affect the validity or enforceability of the remaining
portions of this Agreement or any patt of this Agreement not held to be invalid or
unenforceable.
L. Time is of the Essence. The Parties acknowledge that time is of the essence in
the performance of all obligations required hereunder, and all "days" referenced
herein, including in any of the attachments, shall be deemed "calendar days"
unless otherwise specifically set forth.
M. ControIlin2 Laws. This Agreement and the provisions contained herein shall be
construed, interpreted, and controlled according to the laws of the State of
Florida. Venue for any dispute shall be in Miami-Dade County, Florida.
N. Authorization. The execution of this Agreement has been duly authorized by the
Board and City. The Board and the City have complied with all requirements of
law in connection with the execution and delivery of this Agreement and the
performance of their respective obligations hereunder. The Board and the City
have full power and authority to comply with the terms and provisions of this
instrument.
O. Headin2 for Convenience Only. The descriptive headings in this Agreement are
for convenience only and shall not control nor affect the meaning or construction
of any of the provision of this Agreement.
P. Counterparts. This Agreement may be executed in any number of counterparts,
each of which when executed and delivered shall be an original; however, all such
counterparts together shall constitute, but one and the same instrument. Signature
and acknowledgments pages, if any; may be detached from the counterparts and
attached to a single copy of this document to physically form one document.
8
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Interlocal Agreement by and between the City of Sunny Isles Beach, Florida,
and The School Board of Miami-Dade County, Florida
Q. JUry Trial Waiver. The Parties waive trial by jury in any action, proceeding or
counterclaim brought by either of the Parties hereto against the other for any
matter whatsoever arising out of or in any way connected with this Agreement.
R. Indemnity.
The Board does hereby agree to indemnify and hold harmless the City to the
extent of the limitations included within Florida Statutes, Section 768.28, subject
to the provisions in this act whereby the Board shall not be held liable to pay a
personal injury or property damage claim or judgment by anyone 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 Board arising
out of the same incident or occurrence, exceeds the sum of $300,000 from any
and all personal injury or property damage claims, liabilities, losses and causes of
action which may arise as a result of the negligence of the Board. However,
nothing herein shall be deemed to indemnify the City from any liability or claim
arising out of the negligent performance or failure of performance of the City or
as a result of the negligence of any unrelated third party.
The City does hereby agree to indemnify and hold harmless the Board, to the
extent of the limitations included within Florida Statutes, Section 768.28, subject
to the provisions in this act whereby the City shall not be held liable to pay a
personal injury or property damage claim or judgment by anyone 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 City arising
out of the same incident or occurrence, exceeds the sum of $300,000 from any
and all personal injury or property damage claims, liabilities, losses and causes of
action which may arise as a result of the negligence of the City. However,
nothing herein shall be deemed to indemnify the Board from any liability or claim
arising out of the negligent performance or failure of performance of the Board or
as a result ofthe negligence of any unrelated third party.
lExecution Pages(s) Follow]
9
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InterIocal Agreement by and between the City of Sunny Isles Beach, Florida,
and The School Board of Miami-Dade County, Florida
IN WITNESS WHEREOF, the Patties have caused this Agreement to be executed
in their names by their duly authorized officers and the corporate seals to be affixed
all as of the day and year first above written.
CITY OF SUNNY ISLES BEACH,
FLORIDA
THE SCHOOL BOARD OF MIAMI-DADE
COUNTY, FLORIDA
.; ; {\ TTEST:
ATTEST:
(.\-..:~~~
,", .I.
,'r By.' ' .
Name: . ::::s;;; .'
Title: Q.lT"i e. L. ~-'<
By:
Name:
Title:
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"'1'6 THE CITY:
APPROVED
LEGAL S .
BY:
ND
TO THE SCHOOL BOARD:
APPROVED AS TO FORM
B:~DL~ ~
S 01 Board Attorney
10
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Interlocal Agreement by and between the City of Sunny Isles Beach, Florida,
and The School Board of Miami-Dade County, Florida
ATTACHMENT "A"
CONCEPTUAL SITE PLAN FOR ADDITION
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Interlocal Agreement by and between the City of Sunny Isles Beach, Florida,
and The School Board of Miami-Dade County, Florida
ATTACHMENT "B"
TERMS AND CONDITIONS OF PROJECT FUNDING AND
CONTRIBUTION SCHEDULE
Estimated Total Project Cost: $4,000,000
Project Cost Sharing Formula: $2,000,000 by City; $2,000,000 by Board, provided however
that any project cost overruns over and above the estimated $4 million cost shall be borne by the
Board. If the total project cost is less than $4 million, each of the Parties shall share equally in
the cost reduction. Payment of project cost may be accomplished in one of the following two
ways, as further detailed below under option A or B; the choice to exercise option B shall be at
the School Board's sole discretion.
Option A. By City Only:
Amount: $4,000,000
Preliminary Schedule of Disbursements by City to Board
Disbursement # 1: An amount equal to four hundred thousand dollars ($400,000),
on April 30, 2012;
Disbursement # 2: An amount equal to three million dollars ($3 million) on
November 30,2012; and
Disbursement # 3: An amount equal to six hundred thousand dollars ($600,000) on
May 31, 2013.
The contribution schedule shall reflect an effective rate of 5% on amounts advanced
by the City on the Board's behalf.
If after disbursement # 1, the Board elects to opt for Option B, then the Board shall so
notify the City with a 60 day notice prior to the November 30, 2012 scheduled
disbursement date. At that point, Option B shall govern. Upon such election, the
contribution schedule shall be revised such that only one-half of the initial
disbursement shall be recognized as having been advanced by the City.
School Board Contribution Schedule:
The School Board's portion of the planned project costs is equal to the first
$2,000,000 disbursed, over a period of five (5) years, in sixty equal monthly
payments, commencing five (5) years from the business day after each disbursement
is acknowledged as having been received by the Board Treasurer. Such contribution
amounts shall reflect the financial terms described above.
Exhibit A to this Agreement shall constitute the Contribution Schedule that reflects
the terms and disbursement amounts, included herein.
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Interlocal Agreement by and between the City of Sunny Isles Beach, Florida,
and The School Board of Miami-Dade County, Florida
Approval Protocol - Requests for disbursements by the Board shall be made
generally in accordance with the amounts and schedule outlined above, and shall be
made in writing to the City Manager by the Superintendent of Schools or his
designee, at least thirty days prior to the desired date of disbursement.
The Superintendent of Schools shall include in the Superintendent's tentative budget
proposal for each fiscal year in which a monetary contribution is scheduled to be
made hereunder, sufficient funding for such payments from any legally available
funds, subject to appropriation being made therefor by the Board in the final official
budget for such fiscal year.
If the School Board continues its election of Option A after the City's disbursement
#1, then the Board shall be obligated to make the contribution amounts to the City as
reflected in the Contribution Schedule, attached hereto as Exhibit A to this
Agreement. Notwithstanding Section 6.D. above, if the Board's contribution amounts
are not made promptly to the City by the dates specified in the Contribution Schedule,
then the Board shall pay the City's reasonable attorney's fees, costs and expenses of
collection efforts incurred by the City to recover its disbursements. This provision
shall not apply to enforcement of any other section or clause of this Agreement.
Option B. By City and by Board:
Amount: $4,000,000; $2,000,000 by the City and $2,000,000 by the Board
Preliminary Schedule of Disbursements by City to Board:
Disbursement # 1: An amount equal to four hundred thousand dollars ($400,0000n
April 30, 2012;
Disbursement # 2: An amount equal to one million, three hundred thousand dollars
($1.3 million) on November 30,2012; and
Disbursement # 3: An amount equal to three hundred thousand dollars ($300,000) on
May 31, 2013.
The City's $2,000,000 contribution shall be provided to the Board at no cost to
the Board.
Approval Protocol - Requests for disbursements by the Board shall be made
generally in accordance with the amounts and schedule outlined above, and shall be
made in writing to the City Manager by the Superintendent of Schools or his
designee, at least thirty days prior to the desired date of disbursement.
13
SiB
Interlocal Agreement by and between the City of Sunny Isles Beach, Florida,
and The School Board of Miami-Dade County, Florida
ATTACHMENT "C"
POTENTIAL ADDITIONAL SCHOOL ZONE SIGN LOCATIONS
Map: PD033
of"ll ft f)
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14
Exhibit A
4/30/2012 400,000
11/30/2012 2,011,667
11/30/2013 2,112,250
11/30/2014 2,217,863
11/30/2015 2,328,756
11/30/2016 2,445,193
11/30/2017 128,373 464,644 593,017 2,567,453
11/30/2018 105,140 487,877 593,017 2,102,809
11/30/2019 80,747 512,270 593,017 1,614,932
11/30/2020 55,133 537,884 593,017 1,102,662
11/30/2021 28,239 564,778 593,017 564,778
11/30/2022 0
397,632 2,567,453 I 2,965,085 I
~u ~....
~~6
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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:
Approval of Agreement with MD School District for the Expansion of the
Norman S. Ede1cup Sunny Isles Beach K-8
RECOMMENDATION:
Approve the Agreement
REASONS:
This agreement between the City of Sunny Isles Beach and the Miami-Dade School
District provides the funding mechanism and timetable for the expansion of the Norman
S. Edelcup Sunny Isles Beach K-8. Twelve (12) new classrooms will be added to the
structure to alleviate student overcrowding and allow for the reopening of the art and
musIc rooms.
ADDITIONAL INFORMATION:
Since the Norman S. Ede1cup Sunny Isles Beach K-8 opened a few years ago, the student
enrollment numbers have far exceeded projections. Due to the increase of student
numbers beyond the capacity of the originally designated classroom configuration, art
and music rooms have been converted to regular classrooms.
In order to ensure that all children legally residing in the geographic area served by the
school can both attend the school and receive a comprehensive education that includes art
and music classes, the number of classrooms in the school needs to be increased to
accommodate a higher number of students.
The agreement contains a cost-sharing arrangement in which the City is committing up to
$2 million for this expansion project. Design work is slated to begin this coming spring
and the new classrooms are slated to open in the fall of 2013.
http://sibagenda.sibfl.net/agenda/Preview.aspx?I temID=668&MeetingID=0&MeetingDate... 12/9/2011
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Page 2 of2
FUNDING SOURCE:
The first distribution for funding of $400,000 will be available in account number 20-600
-5693 upon Commission approval of the budget amendment ordinance. The remaining
distributions totalling $3.6 million will be budgeted during the FY 2012/2013 budget
cycle.
ATTACHMENTS:
.
Resolution
.
Interlocal Agreement
.
Photos
.
Contribution Schedule
http://sibagenda.sibfl.net/agenda/Preview.aspx?ItemID=668&MeetingID=O&MeetingDate... 12/9/2011