2013-55 RESOLUTION NO. 2013-55
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE AND
OTHERWISE ENTER INTO THAT AGREEMENT BETWEEN THE CITY OF
AVENTURA AND THE FLORIDA INTERNATIONAL UNIVERSITY BOARD OF
TRUSTEES TO PROVIDE LIFELONG LEARNING PROGRAMS TO
AVENTURA RESIDENTS; AUTHORIZING THE CITY MANAGER TO DO ALL
THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION;
AND PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City Manager is authorized to execute and otherwise enter into
that certain Agreement attached hereto between the City of Aventura and the Florida
International University Board of Trustees to provide Lifelong Learning Programs to
Aventura residents.
Section 2. The City Manager is authorized to do all things necessary to carry
out the aims of this Resolution.
Section 3. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner Joel, who moved its
adoption. The motion was seconded by Commissioner Cohen, and upon being put to a
vote, the vote was as follows:
Commissioner Enbar Cohen yes
Commissioner Teri Holzberg yes
Commissioner Billy Joel yes
Commissioner Michael Stern yes
Commissioner Howard Weinberg yes
Commissioner Luz Urbaez Weinberg absent
Mayor Susan Gottlieb yes
Resolution No. 2013-55
Page 2
PASSED AND ADOPTED this 5th day of November, 2013.
,SA(L2Cei-
USAN GOTTLIEB, MAYOR
ATT r ST:
A .CA.
SA M. SO4 A MC
CLERK
APPROVED AS TO LEGAL S FICIEN?:
ee/i/I/Ni
CITY ATTORNEY
FLORIDA OSHER
INTERNATIONAL LIFELONG
LEARNING
UNIVERSITY Y INSTITUTE
Memorandum of Understanding
Between
City of Aventura
and
The Florida International University Board of Trustees
For the Benefit of
The Osher Lifelong Learning Institute (OLLI)
November 2013
Memorandum of Understanding
The City of Aventura (CITY) and
The Florida International University Board of Trustees for the benefit of
The Osher Lifelong Learning Institute (OLLI)
I. Purpose of this Memorandum:
For the City of Aventura (CITY) and the Osher Lifelong Learning Institute (OLLI) at Florida
International University to become working partners in delivering OLLI programs to the residents of the
CITY in accordance with the exacting standards of the CITY.
II. The Parties:
This memorandum will serve as an agreement between the CITY and The Florida International
University Board of Trustees (Fill) on behalf of the OLLI, hereinafter the"Parties".
III. Term:
The OLLI programs shall commence on the 6th day of January 2014 and shall continue for an initial
term of one (1) year. Thereafter, this Agreement shall be automatically renewed for consecutive one (1)
year terms. The series will continue until the Parties agree to terminate this Agreement. Either party may
terminate this Agreement for cause or for convenience by providing 60 days advanced written notice to
the other party.
IV. Responsibilities of the CITY:
1. Make available proper CITY venue for selected programs.
• Courses will be held at the Aventura Community Recreation Center.
2. Provide facility and technical support for selected courses.
3. Schedule course calendars:
• Scheduling of course dates and registration will be handled by the City's Community
Services Department Director or designee. The Parties shall jointly coordinate class
locations and schedules for the mutual benefit of each other. OLLI Director will provide
faculty/speakers and their available teaching schedules. The City's Community Services
Director or designee will provide the OLLI Director with dates, times and class locations
that are available for the classes.
4. Provide registration, billing and payment processes in accordance with agreed upon financial
arrangement and FIU requirements for student data.
5. Right of approval for assigned faculty prior to any course being scheduled.
6. Handle all required administrative support and address client/student relations.
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7. CITY agrees not to interfere with the business relationship between OLLI faculty and OLLI at FIU.
8. Marketing/Cross-Marketing of OLLI courses at CITY and FIU on websites and printing collateral.
9. City will pay FIU a flat fee per course as follows regardless of the number of students enrolled in
each class:
• One six-session course entitled: The Greatest Stories Ever Sold (Fee: $2,500).
• One six session course entitled: How many trials of the Century can One Century Have?
(Fee: $3,000).
10. The course fees to be charged to the students will be determined by the CITY in consultation with
the OLLI Director. Course fees maybe adjusted in subsequent terms when agreed upon by the
CITY and the OLLI Director in writing under the general terms of this Agreement without
requiring a separate Agreement for each course term.
V. Responsibilities of the OLLI:
1. Program/Curriculum selection:
• One six-session course entitled: The Greatest Stories Ever Sold (January 6, 2014 - February
24, 2014).
• One six session course entitled: How many trials of the Century can One Century Have?
(January 7, 2014- February 11, 2014).
2. Future course offerings will be covered under the general terms of this Agreement without
requiring a separate Agreement for each course term. Employ faculty to deliver the programs.
• An OLLI faculty member will administer/conduct the course in person.
3. Negotiate all faculty salary and related expense from the FIU fees.
4. Marketing/Cross-Marketing of OLLI courses at CITY and FIU on FIU website and printed collateral.
5. Provide textbooks or make them available for a fee to the students when required.
VI. Notices
Any notice which may or is required to be given pursuant to this Agreement shall be in writing and
shall be sufficiently given or made if delivered by facsimile, by overnight courier or by certified or
registered mail, return receipt requested, and shall be effective (a) upon receipt if delivered personally;
(b) on the business day the notice is received by facsimile; (c) one business day after being sent by
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overnight courier; and (d) three business days after being deposited in the United States mail, postage
prepaid. Such communications shall be addressed and directed to the parties listed below at the address
listed on page 5 or to such other address or to the attention of such other persons as any party may from
time to time advise to the other party by notice in writing as provided for herein.
For FIU:
Osher Lifelong Learning Institute
3000 NE 151St Street,ACII-130
North Miami, Florida 33181
Attn: Clara Barman
For CITY:
City of Aventura
19200 W. Country Club Drive
Aventura, Florida 33180
Attn: Eric M. Soroka, City Manager
VII. Additional Terms:
1. The intellectual property of each party remains that party's property. No rights or title of any kind
are transferred by this memorandum or by mutually delivering the defined services.
2. Neither party shall use the seals, logos or trademarks of the other party except as approved in
writing.
3. CITY agrees not to hire any OLLI faculty for the purpose of performing teaching services for a
period of two (2) years after the termination of the relationship with OLLI. This may be waived at the
sole discretion of OLLI at FIU and such waiver shall be in writing.
4. Each party agrees to be fully responsible for its own acts of negligence or its authorized officers,
employees, and agents'own acts of negligence when acting in the course and scope of their
involvement in this program pursuant to this Memorandum of Understanding. Nothing in this
Agreement is intended to serve as a waiver of sovereign immunity by any agency to which
sovereign immunity may be applicable.
5. Venue for any cause of action arising under this Agreement will be the state courts of Miami-Dade
County. The parties waive any right to trial by jury concerning any litigation between the parties
which arises out of this Agreement. The parties agree to good faith efforts to resolve any disputes
through mediation and, if necessary, non- binding arbitration prior to the filing of any said cause
of action in any court.
6. Either party may terminate the relationship due to low enrollment by providing 14 days advanced
written notice to the other party.
[THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
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THE CITY OF AVENTURA THE FLORIDA INTERNATIONAL
UNIVERSITY BOARD OF TRUSTEES
Elizabeth M. Bejar
Eric M. Soroka City Manager Vice Provost,Academic Affairs
Date: Date:
Reviewed for Legal Sufficiency:
Julissa Castellanos
City Attorney Director of Operations, Office of the Vice
Provost, Biscayne Bay Campus
Date:
Date:
Reviewed for Legal Sufficiency:
Isis Carbajal de Garcia
Date:
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