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Home My WebLink AboutReso 2017-2738 RESOLUTION NO. 2017- 2 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING MEMORANDUM OF UNDERSTANDING AND FIRST AMENDMENT TO THE PROGRAM GRANT AGREEMENT FOR SUNNY ISLES BEACH VERIFICATION PLAN BETWEEN THE CITY OF SUNNY ISLES BEACH AND THE SCHOOL BOARD OF MIAMI-DADE COUNTY ("SCHOOL BOARD") IN SUBSTANTIALLY THE SAME FORM, ATTACHED HERETO AS ATTACHMENT "A"; AUTHORIZING THE MAYOR TO EXECUTE SAID AMENDMENT; PROVIDING THE CITY MANAGER AND THE CITY ATTORNEY WITH THE AUTHORITY TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Norman S. Edelcup Sunny Isles Beach K-8 School ("School) is situated in the City of Sunny Isles Beach ("City") and serves primarily the students that reside in the attendance boundaries of the school; and WHEREAS, by Resolution No. 2016-2257, the School Board entered into a Program Grant Agreement ("Agreement") with the City to Verify students' address; and WHEREAS, the Agreement provides for school employees who will work to verify the address for each student attending the school; and WHEREAS, the City and the School Board wish to amend the Agreement for Sunny • Isles Beach Address Verification Plan. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Approval of the Memorandum of Understanding and First Amendment. The Memorandum of Understanding and First Amendment to the Program Grant Agreement for Sunny Isles Beach Address Verification Plan, attached hereto in substantially the same form, as Attachment "A" is hereby approved. Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute said Agreement. Section 3. Authorization of City Manager and City Attorney. The City Manager and City Attorney are authorized to do all things necessary to effectuate the terms of this Resolution. Approving Mou Address Verification Page 1 of 2 Section 4. Effective Date. This Resolution shall become effective upon adoption. PASSED AND ADOPTED this 2day of S 7 ,ryl, , George Scholl, Mayor ATTES! : t ,11 Mauricio Betanc .,CMC, Acting City Clerk APPROVED AS TO FORM AND .,.GAL. SUFFICIENCY: /11 a , • inot, City Attorney Moved by: C60441 0/301- S E04.1 Seconded by: ' \L6 1„14/p1--a O1.-bI1A.44ti Vote: Mayor Scholl ✓(Yes) (No) Vice Mayor Goldman ✓ (Yes) (No) Commissioner Aelion —7(Yes) (No) Commissioner Gatto / (Yes) (No) Commissioner Svechin V (Yes) (No) I Resolution Template Page 2 of 2 MEMORANDUM OF UNDERSTANDING AND FIRST AMENDMENT BY AND BETWEEN THE SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA AND THE CITY OF SUNNY ISLES BEACH The School Board of Miami-Dade County, Florida, and THE CITY OF SUNNY ISLES BEACH, as of the 20th day of July, 2017, hereby enter into this Memorandum of Understanding and First Amendment in relation to the PROGRAM GRANT AGREEMENT FOR SUNNY ISLES BEACH ADDRESS VERIFICATION PLAN (attached hereto in its entirety), initially entered into on the 9th day of January, 2017, by amending and defining the following provision are provided for herein: As to Section 1. Implementation of the Address Verification Plan, subsections (a), (c) and (d), of the PROGRAM GRANT AGREEMENT FOR SUNNY ISLES BEACH ADDRESS VERIFICATION PLAN: the said subsections are hereby deleted in its entirety and shall read as follows: (a) The School Board and the City agree that commencing January 9, 2017 and continuing during the term hereof, the parties hereto shall implement the Sunny Isles Beach Address Verification Plan ("the Plan") in accordance with School Board Policy 5112, as set forth in Exhibit "A" hereto. Any amendments to the Plan must be agreed to in writing by the parties hereto. This Agreement shall automatically renew for the 2017-2018 school year. (c) The School Board agrees, subject to the availability of funding as set forth in Section 2 below, to hire of one full-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. The job description for the position 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 full-time clerical assistant. (d) Throughout the 2017-2018 school year and at least 30 days before the commencement of any subsequent school year, the School Board shall provide the City the number students enrolled in the school broken down by the aggregate number of students by grade level living inside and outside the boundary, and number of approved out of boundary students. 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. The parties hereto hereby acknowledge and agree that student data will not be provided to the City. 1. The written reports shall include the following information, if applicable: a. Number of letters mailed to students enrolled b. Number of letters returned after mailing c. Number of students residing outside the boundaries d. Number of transfer students e. Number of students transferred to their home school f. Number of students granted an exemption As to Section 4. Effective Date and Term, of the PROGRAM GRANT AGREEMENT FOR SUNNY ISLES BEACH ADDRESS VERIFICATION PLAN: the said section is hereby deleted in its entirety and shall read as follows: 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. The City's financial obligation shall end upon the termination of this Agreement. If the City is required to make a lump sum payment to cover its financial obligation, the City is entitled to a refund if Agreement is terminated prior to the end of school year 2017-2018. All other terms of the above referenced Agreement for Contracted Services entered into as of the 9th day of January, 2017 will remain in effect. IN WITNESS WHEREOF, parties hereto have caused this Second Amendment to the Agreement for Contracted Legal Services to be executed by their respective and duly authorized officers the day and year first above written. [signature page follows] APPROVED AS TO FORM AND LEGAL THE SCHOOL BOARD OF MIAMI-DADE COUNTY, SUFFICIENCY FLORIDA (as to the School Board): BY: Signature (Superintendent of Schools or Designee) School Board Attorney - Signature/ Date (Name Typed) Date: APPROVED AS TO FORM AND LEGAL THE CI ' OF SU NY ISLES BEACH, FLORIDA SUFFICIENCY (as to the City of Sunny Isles Beach): BY: Signature 4 J (Mayor) A,-• George H. Scholl Attor- . ignature/ Date (Name Typed) Date: q12-110 EXHIBIT "A" Sunny Isles Beach Address Verification Plan Pursuant to School Board Policy 5112, the School Board shall verify the residence of all students enrolled at the Norman S. Edelcup Sunny Isles Beach K-8 except teachers' children, approved transfers,or City employees approved pursuant to School Board Policy 5120. Verification Letters The School Board shall verify the students residences by sending a letter similar to the letter attached to Exhibit"A" to all the students enrolled at the school during the school year. The letter shall request information to verify residency pursuant to School Board Policy 5112. Response to the letter shall be due no later than 30 days from date of mailing. The verification letters shall be mailed to the residence of the students no later than the first week of school. If the content of the attached letter is revised substantially,-the School Board shall provide a copy to the City before mailing. The letter shall be mailed by certified mail to the students at the expense of the City. Review of Verification Documents The School Board shall review all verification documents provided to determine if students are properly assigned to the school. Post Office boxes, private mail box addresses or commercial establishment addresses are not valid to prove residency. If a student provides a post office box,private mail box address or commercial establishment address, the proper verification documentation shall be requested. . Investigation of Residency The School Board shall investigate situations where there is a reasonable suspicion that the student is not residing within the attendance boundary of the school. Such a reasonable suspicion may be prompted by return of verification letters mailed to students, unique feeder patterns based upon previous school attendance, search of property appraiser records, or other information provided by the City. Reasonable suspicion shall not be based on actual or perceived race, color, religion, national origin, or immigration status. The School Board shall verify addresses by telephone calls to Parents /Guardians or house visits by the Lead Person hired under this Agreement. The telephone calls or house visits shall commence no later than two (2) weeks from the deadline to respond to the verification letter. The Lead Person on as needed basis may utilize a School Resource Officer to conduct house visit to gain access to multi-family buildings. Withdrawal of Violators If the student is not in the properly zoned school the School Board shall follow District protocol to withdraw the student and refer back to home school. Each transfer request will be reviewed on a case by case basis and the determination will be based on the hardship and in the best interest of the student. 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 parent, if not provided b. Parent is contacted and verification is requested with a due date, if not provided c. Conduct physical address verification d. Monthly reporting of numbers of contacts e. Verification of address through the use of miamidade.gov to verify Homestead Exemption Status 3. Assist with parent/student communication in writing and by phone 4. Assist with registrations, withdrawals and transfers 5. Assist with correcting non-valid phone numbers io NI`i{ami=Da•de Couny�Public Schools gig ourmWUcr ... Iha world r - , 0�5 �` k aide a wo ,gluing ou t nfs fh r!d Gann-�° _.._.._.�.�.__.z��_ �,__�_.�_�,_._..._. �..�.� �a,:�_.kri- ..._ _. .� .- Superintendent of Schools Miami-Dade County School Board Alberto M. Carvalho • Perla Tabares Hantman,Chair Dr. Dorothy Bendross-Mindingall, Vice Chair • School Board Attorney Susie V. Castillo Walter J.Harvey Dr.Lawrence S.Feldman REQUEST FOR WAIVER OF MINIMUM CONTRACT STANDARDS Dr. Wilbert'Tee°Holloway Dr.Martin Karg Lubby Naverrc Raquel A.Regaladc TO: Alberto M.Carvalho,Superintendent of Schools Dr.Marta Perez Wurtz FROM: Ailil Graupera,Assistant School Board Attorney DATE: May 25,2016 SUBJECT: The City of Sunny Isles Beach and The School Board of Miaml-Dade County,Florida Pursuant to School Board Policy 6540,legal review of contracts shall consist of certain minimum standards.The above-referenced contract,a review copy of which Is attached,does not comply with the following minimum requirements or deviates from the District's standard contract language,as follows: :.�.��'��.•'Sri enrifeitdenl rn+aluesah��fdllo lag; ' . ..._...''''. •�- ;-::� � ��.�;•"x_e-rr, :;:•,°:, • .. ,*•. _<�: q..� TERMINATION: This provision is not Included in the 30-day termination for convenience clause agreement INDEMNIFICATION: All language with the exception of§768.28,Florida Statues applicable The parties have agreed to mutual to sovereign immunity. indemnification. 5/12 Contractor X has_has NOT been approached but will not agree to include the minimum requirement(s)In the contract. Superintende tfDe.ignee acknowledges and elves;❑Does NOT waive the above described Issues(s): i • = :• -r0 ignee Date k M nagement Da e o fr. TabiAa Fazzino cr. • Designeern - N � r*i 3 -4 c%) 4? rt N ,3 ;l1 Internal Fie No:l6-CD-1431-ALG School Board Attorney's Office • School Board Administration Building • 1450 N.E. 2nd Ave. • Suite 430• Miami, FL 33132