Res No 027-20-15467RESOLUTION NO.: n 9 7- 9 n_ t546 7
A Resolution authorizing the City Manager to negotiate and to enter into a multi -year, joint -
use agreement with Somerset Academy Inc. for limited use of the outdoor and indoor facilities
located at Murray Park and the Gibson -Bethel Community Center.
WHEREAS, the City's Parks & Recreation Department and Somerset Academy Inc. ("Somerset"),
known as Somerset Elementary and Middle School located at 5876 SW 681h St., Miami, FL 33143, have
worked in partnership via year-to-year rental agreement over the past four years (including the current
school year 2019-2020); and
WHEREAS, both parties are desirous of entering into a multi -year, joint -use agreement to allow
Somerset, during the regular school year, limited access and use of the outdoor and indoor facilities
located at Murray Park and the Gibson -Bethel Community Center for its physical education classes,
afterschool programs, and end -of -the school year awards ceremony; and
WHEREAS, beginning with the 2020-2021 regular school year, City staff has negotiated a base
user fee of $15,000 to be paid in full no later than January 31, 2021. Thereafter, Somerset Academy shall
pay an annual base user fee of $15,000, adjusted each year by the Consumer Price Index for All Urban
Consumers no later than January 31St of each year; however, no percentage change shall be payable in
excess of three percent (3%) of the base user fee for the proceeding school year; and
WHEREAS, the term of this agreement is for a period of three (3) consecutive years with two (2)
one (1) year option -to -renew for a total term of five (5) consecutive years. The option -to -renew is at the
discretion of the City Manager.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA THAT:
Section 1: The City Manager is authorized to negotiate and to enter into a multi -year, joint -use
agreement with Somerset Academy Inc. for limited use of the outdoor and indoor facilities located at
Murray Park and the Gibson -Bethel Community Center as outlined in the recitals of this resolution. A
copy of the joint use agreement is attached.
Section 2. Corrections. Conforming language or technical scrivener -type corrections may be
made by the City Attorney for any conforming amendments to be incorporated into the final resolution
for signature.
Section 3. Severability. If any section clause, sentence, or phrase of this resolution is for any
reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect
the validity of the remaining portions of this resolution.
Section 4. Effective Date. This resolution shall become effective immediately upon adoption.
PASSED AND ADOPTED this 3 day of March, 2020.
Resolution No. 027-20-15467
ATTEST:
� 1 r A,, o
CITY C ERK
gr
MIULCI
APPROV
r
MAYOR
COMMI SION VOTE: �-0
Mayor Philips:
Yea
Vice Mayor Welsh:
Yea
Commissioner Gil:
Yea
Commissioner Liebman:
Yea
Commissioner Harris:
Yea
2
Agenda Item No:5.
City Commission Agenda item Report
Meeting Date: March 3, 2020
Submitted by: Quentin Pough
Submitting Department: Parks & Recreation
Item Type: Resolution
Agenda Section:
Subject:
A Resolution authorizing the City Manager to negotiate and to enter into a multi -year, joint -use agreement with
Somerset Academy, Inc. for limited use of the outdoor and indoor facilities located at Murray Park and the
Gibson -Bethel Community Center. 3/5 (City Manager -Parks & Recreation Dept.)
Suggested Action:
Attachments:
Memo -Somerset Agreement.docx
Reso-Somerset Agree mentCArev.docx
City -Somerset Joint Use Agree mentCArev.pdf
Comparative School Data (Elementary School).pdf
Comparative School Data (Middle School).pdf
CITY OF SOUTH MIAMI
South Miami e )
OFFICE OF THE CITY MANAGER
INTER -OFFICE MEMORANDUM
THE CITY OF PLEASANT LIVING
To: The Honorable Mayor & Members of the City Commission
FROM: Steven Alexander, City Manager
Via: Quentin Pough, Director of Parks & Recreation
DATE: March 3, 2020
SUBJECT: A Resolution authorizing the City Manager to negotiate and to enter into
a multi -year, joint -use agreement with Somerset Academy, Inc. for
limited use of the outdoor and indoor facilities located at Murray Park
and the Gibson -Bethel Community Center.
BACKGROUND: The City's Parks & Recreation Department and Somerset Academy Inc.
("Somerset"), known as Somerset Elementary and Middle School located
at 5876 SW 6811 St., Miami, FL 33143, have worked in partnership on a
year-to-year rental agreement over the past four years (including the
current school year 2019-2020). Both parties are desirous of entering
into a multi -year, joint -use agreement to allow Somerset, during the
regular school year, limited access and use of the outdoor and indoor
facilities located at Murray Park and the Gibson -Bethel Community
Center for its physical education classes, afterschool programs, and end -
of -the school year awards ceremony.
Limited use of the outdoor facilities include basketball courts,
multipurpose fields and playground at Murray Park; and, indoor use
entails the basketball court only at the Gibson -Bethel Community for
Somerset's annual end -of -the -school year awards ceremony. Somerset's
hours of use of premises do not conflict with Department programs,
activities and events. In addition, Somerset's use of city facilities is not
exclusive and it may not use premises for special events without a permit
and payment of applicable fees.
REVENUE: For the past four (4) school years, Somerset has paid the City a rental fee
in the amount of $48,000, or $12,000 each school, as per the adopted
schedule of fees. Beginning with the 2020-2021 regular school year, City
staff has negotiated a base user fee of $15,000 to be paid in full no later
than January 31, 2021. Thereafter, Somerset Academy shall pay an
annual base user fee of $15,000, adjusted each year by the Consumer
Price Index for All Urban Consumers no later than January 31s' of each
year; however, no percentage change shall be payable in excess of three
percent (3%) of the base user fee for the proceeding school year and if
the CPI is negative, the base user fee shall not be reduced.
2
CITY OF SOUTH MIAMI
SoutYhMiami OFFICE OF THE CITY MANAGER
INTER -OFFICE MEMORANDUM
THE CITY OF PLEASANT LIVING
TERM: The term of this agreement is for a period of three (3) consecutive years
with two (2) one (1) year option -to -renew for a total term of five (5)
consecutive years. The option -to -renew is at the discretion of the City
Manager.
Upon City Commission approval, this agreement shall commence for the
2020-2021 regular academic school year. A school year, for the purposes
of this Agreement, commences on the day when Somerset Academy
students first arrive to begin each new academic year in August or
September and terminates at the end of the applicable regular academic
school year in June (approximately nine months) of each year.
DATA: According to the school's website, please find attached a copy of 2016-
2017 comparative school data report for Somerset Academy Elementary
and Middle School.
ATTACHMENTS: Resolution
City -Somerset Academy Joint Use Agreement
Comparative School Data (Elementary 2016-2017)
Comparative School Data (Middle 2016-2017)
3
JOINT USE AGREEMENT
THIS JOINT USE AGREEMENT ("Agreement") made and entered into this 10 day of
September, 2021, by and between the City of South Miami, a municipal corporation of the State
of Florida, hereinafter referred to as ("City"), and the Charter School of South Miami, Florida,
Somerset Academy Inc., known as Somerset Elementary and Middle Schools, and hereinafter
referred to as "Somerset Academy". The City and Somerset Academy may also be referred to
collectively as the ("Parties" or "Named Party" or "Named Parties").
W ITN ESSETH
WHEREAS, the City owns and has under its jurisdiction certain real property known as
Murray Park, located at 6701 SW 58 Place, South Miami, Florida (also identified as Folio # 09-
4025-028-0130), as more particularly described in Exhibit "A" attached; and
WHEREAS, Somerset Academy desires to enter into an Agreement with the City of South
Miami to utilize, during the regular school year, the outdoor facilities limited to basketball
courts, multipurpose fields, and playground which are located at Murray Park for Somerset
Academy's physical education classes, afterschool programs, and the indoor basketball
gymnasium located at Gibson -Bethel Community Center for end of the school year awards
ceremony; and
WHEREAS, the Parties are desirous of entering into this Agreement to allow Somerset
limited use of Murray Park, as described herein below; and
NOW, THEREFORE, the City and Somerset Academy agree as follows:
1. Use. Somerset Academy may use the outdoor facilities that are limited to the
basketball courts, multipurpose fields, and playground located at Murray Park ("Premises")
solely for physical education classes and afterschool programs of its South Miami charter school
students during the Term of this Agreement and only in accordance with the conditions
imposed by this Agreement. Upon request and availability, Somerset Academy may also use
the Gibson -Bethel Community Center's indoor basketball gymnasium for its end -of -the -school
year school/sports awards ceremony which is usually held the last week of May or first two (2)
weeks in June. Somerset Academy's use of the Premises is not exclusive and Somerset
Academy may not use the Premises for special events without a special event permit.
2. Term. The term of this Agreement is for a period of two (2) consecutive years
with two (2) one (1) year option -to -renew for a total term of four (4) consecutive years and the
exercising of the option is within the City Manager's sole discretion. A school year, for the
purposes of this Agreement, commences on the day when Somerset Academy students first
arrive to begin each new academic year in August or September and terminates at the end of
the applicable regular academic school year in June (approximately nine months) of each year
("Regular School Year"). The exact dates of the Regular School Year will be as reflected in
Somerset Academy's school calendar for each Regular School Year. The period of the usage
Page 1 of 19 r4l-
authorized by this Agreement is limited to the Regular School Year, and shall not exceed nine
months without written consent of the City Manager. At the end of the initial term of this
Agreement, the City Manager may, in the Manager's sole discretion, extend this Agreement
provided the extension is in writing and approved by the City Commission. A copy of the school
calendar shall be delivered to the City Manager and Parks and Recreation Director each year
prior to the beginning of each Regular School Year.
3. Base User Fee. Beginning with the 2021-2022 Regular School Year, the Base
User Fee is $15,270 paid in full no later than January 31, 2022. Thereafter, Somerset Academy
shall pay an annual Base User Fee of $15,270, adjusted each year by the Consumer Price Index
for All Urban Consumers no later than January 315t of each year; however, no percentage
change shall be payable in excess of three percent (3%) of the base user fee for the proceeding
school year and if the CPI is negative, the Base User Fee shall not be reduced. Somerset
Academy shall pay interest on any amount that is due and not timely paid, from the due date
thereof to the date of payment, at the highest rate allowed by law. In addition, if any payment
made by Somerset Academy is dishonored by the institution upon which it is written for any
reason, the City may, in addition to any other right or remedy, charge a fee of Twenty -Five
Dollars ($25.00) for each dishonored check and City shall have the right to demand that all
future payments be made by certified funds or by wire transfer to the City's bank.
4. Definitions:
"Default" means any failure of a party to comply with its obligations under the
terms of this Agreement, other than a financial obligation.
"Financial Default" means the failure of Somerset Academy to pay any user fees, or
any other fees or other charge required by this Agreement, when they are due.
"Non -Financial Default" means any failure of a party to comply with its obligations
under the terms of this Agreement, other than a financial obligation.
"Material and Substantial Breach" means the failure to pay money when it is due as
required by this Agreement (`Financial Default"), the failure to Cure a Non -Financial
Default within the time allowed by this Agreement or occurrence of a Non -Curable
Default.
"Signed" means an actual signature, or an email that is sent from an address that is
provided by a party for receipt of notices.
"Third Party" or "Third Parties" means anyone who is not a Named Party to this
agreement.
S. Hours of Use: Somerset Academy's use of the Premises pursuant to the terms of
this Agreement shall be limited to the hours between 9:30 A.M. and 4:30 P.M. during the week
days of Monday through Friday and only on those days when the school is in session during the
Regular School Year. With the exception of the indoor basketball gymnasium located at the
Gibson -Bethel Community Center for its end -of -the -school year school/sports awards
ceremony, which is usually held during the last week of May or first two (2) weeks in June,
Somerset Academy may not use any facilities, including the basketball gymnasium and the
Murray Park Aquatic Center, without having a separate user agreement and without paying a
separate fee for the use of such facilities. Somerset Academy shall NOT have any use of the
Premises, including the equipment and facilities situate thereon, at any times not specified in
this Agreement.
Page 2 of 19
6. Maintenance: Somerset Academy shall keep the Premises in a clean and safe
condition suitable for school playground and City park purposes and return possession at the
end of each day's use to the City in the same condition as Somerset Academy finds it, at
Somerset Academy's expense. If Somerset Academy finds the condition of the Premises to be
changed, it shall document that change with photographs and immediately notify the Parks and
Recreation Director by email describing the altered condition and scheduling a meeting for that
same day for a joint inspection by the Director, or the Director's designee and Somerset
Academy. The City shall maintain the Premises in a clean and safe condition suitable for City
park purposes at all other times during the school year. In the event an unsafe or hazardous
condition exists that is not caused by Somerset Academy or its employees, agents or anyone
affiliated with it, preventing or impairing the safe use of the Premises, Somerset Academy shall,
within 24 hours, notify the City in writing of said condition, or as soon as possible if the
condition threatens the health, safety or welfare of any person or property. Should the City fail
or be unable to take proper corrective action within forty-five (45) days after receiving written
notice of the condition, and if the condition prevents the use of a substantial part of the
Premises, user fee reduction may be negotiated based on the extent and duration of such
delay. If the condition is caused by Somerset Academy's use, Somerset shall reimburse the City
for its expense or repair and user fee increase may be negotiated based on the extent and
duration of such condition. In addition, if the condition exists for more than 45 days, the
Agreement may be terminated by the City.
7. Wrongful Use. Neither Somerset Academy nor its students, staff, or attendees
may make any unlawful, improper or offensive use of the Premises or use the Premises in any
way that will or may be a nuisance, annoyance, inconvenience or damaging to the City, join
users of any of the property governed by this Agreement, or to the occupants of the adjoining
property or neighborhood.
8. Condition of the Premises. Somerset Academy hereby agrees that it has
examined the Premises and is satisfied with the condition thereof, and is not relying upon any
information, warranty or other statement by the City not specifically set forth herein with
respect thereto, and accepts the Premises "AS IS" for all purposes.
9. Termination. Either party may terminate this Agreement at any time upon at
least ninety (90) days prior written notice to the other party. However, for a termination on
June 30th of any year, only 30 days advanced notice is required. The City may terminate this
Agreement with 5 days' notice in the event of a Material and Substantial Breach.
10. Compliance with Laws and Regulations. Somerset Academy shall, at Somerset
Academy's sole cost and expense, observed and comply with all laws, statutes, ordinances,
rules and regulations (including orders concerning environmental protection) of all federal,
state, county, municipal, and other applicable governmental authorities, now in force, or which
may hereafter be in force, pertaining to Somerset Academy or its use of the Premises
(collectively the "Regulations"). Somerset Academy shall cause its vendors, officers, employees,
agents, invitees, parents and students to abide by all park rules and regulations. City shall
notify Somerset Academy of any such violation, and if Somerset Academy fails to cure the said
violation within 10 days, this will entitle the City to terminate the Agreement immediately.
Each provision and clause required by law to be inserted in this Agreement will be deemed to
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be inserted herein and the Agreement will be read and enforced as though such provisions and
clauses were included herein.
11. Affirmative Covenants of Somerset Academy Relative to Use of the Premises.
a. The Premises shall not be used for any activities, other than normal school activities.
b. Somerset Academy shall not use any noise producing equipment on the Premises
which may be transmitted beyond the confines of the Premises.
c. Somerset Academy will not permit or suffer any conduct, artificial light, or noise
(other than the natural sounds of children playing) on or about the Premises which
may annoy or disturb any persons occupying adjacent property, including but not
limited to flashing lights, search lights, loudspeakers, phonographs, or radios.
d. Neither Somerset Academy nor any of Somerset Academy's students, officers,
directors, agents nor employees shall do any of the following, in or on any part of
the Premise, except with written approval of City:
i. Vend, peddle or solicit orders for sale or distribution of any merchandise,
device, service, periodical, book, pamphlet or other matter whatsoever;
ii. Exhibit any sign, placard, banner, notice or other written material;
iii. Distribute any circular, booklet, handbill, placard or other advertising
material;
iv. Solicit membership in any organization, group or association or
contribution for any purpose;
V. Create or permit a nuisance, nor take any action in the exclusive judgment
of City that would constitute a nuisance or would disturb or endanger other
joint users of the Premises or occupants of surrounding properties, or
unreasonably interfere with their use of their respective property;
vi. Throw, discard or deposit any paper, glass or extraneous matter of any
kind, except in designated receptacles, or create litter or hazards of any
kind;
vii. Deface or damage any sign, light standard or fixture, landscaping materials
or other improvement on the Premises.
e. All garbage and refuse will be kept in the containers designated by City.
f. City reserves the right from time to time to suspend, amend or supplement its rules
and regulations pertaining to its parks, and to adopt and promulgate additional rules
and regulations which may become active during the school year. Notice of such
rules and regulations and amendments and supplements thereto, if any, will be
given to Somerset Academy.
g. Somerset Academy agrees to comply with all additional, amended and supplemental
rules and regulations upon notice of same from City.
12. Control. City shall have the exclusive control and management of the Premises,
including parking areas/structures, access roads, driveways, delivery areas, service corridors,
pedestrian sidewalks, courts and ramps, landscaped areas, retaining walls, stairways, lighting
facilities and other areas and improvements provided by City for the general use in common of
Somerset Academy's supervised students. City shall have the full right and authority to employ
all personnel and from time to time to establish, modify and enforce reasonable rules and
regulations with respect to the operation and maintenance of all Common Areas. City shall have
Page 4 of 19 `J
the right from time to time to change the sizes, locations, shapes and arrangements of parking
areas and other Common Areas; restrict parking by employees to designated areas; construct,
surface, subsurface or elevated parking areas and facilities; establish and from time to time
change the level or grade of parking surfaces; enforce parking charges (by meters or otherwise)
with appropriate provisions for ticket validating; organize and operate promotions,
entertainment or any other activity in the park; and do and perform such other acts in and to
said areas and improvements as City, in its sole discretion, reasonably applied, deems advisable
for the use thereof by Somerset Academy and their teachers and students. Somerset Academy
agrees to cooperate with City, permitting City to accomplish any such maintenance, repairs,
alterations, additions or construction.
13. Parking areas. City may at any time close temporarily any parking areas of the
Premises to make repairs or changes, or for other reasonable purposes, and such action will not
entitle Somerset Academy to any compensation or diminution or abatement of user fee or any
Additional fee hereunder, nor will such diminution of such area be deemed constructive or
actual eviction. Somerset Academy officers, directors, parents and employees shall not use the
parking spaces surrounding the park during school hours.
14. Insurance Coverage by Somerset Academy. Somerset Academy shall comply
with the City of South Miami's standard insurance requirements as set forth in Exhibit "B".
Somerset Academy shall also carry standard extended coverage insurance, including insurance
against sprinkler damage, vandalism and malicious mischief. If any insurance required of
Somerset Academy under this Agreement is furnished, with the written consent of the City, by
Somerset Academy under a blanket policy carried by Somerset Academy, such blanket policy
will contain an endorsement that: (i) names City as an additional insured; (ii) references the
Premises; and (iii) guarantees a minimum limit available for the Premises equal to the insurance
amounts required in this Agreement. In the event Somerset Academy fails to procure, maintain
and/or pay for the insurance required by this Agreement, at the times and for the durations
specified in this Agreement, City has the right, but not the obligation, at any time and from time
to time, and with notice to Somerset Academy , to procure such insurance and/or pay for the
premiums for such insurance in which event Somerset Academy shall repay City immediately
upon demand by City as Additional User Fee hereunder, all sums so paid by City together with
the interest thereon at the highest rate allowed by law and any costs or expenses incurred by
City in connection therewith, without prejudice to any other rights and remedies of the City
under this Agreement. However, nothing contained herein will require the City to purchase
such insurance and the failure to have the required insurance in full force and effect is grounds
for immediate termination of this Agreement without notice.
15. Somerset Academy's Contractor's Insurance. Somerset Academy shall require any
contractor of Somerset Academy performing work on the Premises to carry and maintain, at no
expense to City, the same coverage as provided in Exhibit "B" and shall be required to sign an
agreement to indemnify the City in accordance with the City's standard contractor
indemnification requirements.
16. Maintenance and Repairs.
a. Somerset Academy agrees that from the date that access to the Premises is
afforded to Somerset Academy and until the end of the term of this Agreement,
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Somerset Academy will be responsible for all repairs and maintenance to the
Premises during Hours of Use (see paragraph 5) with the concurrence of the City.
b. Repair, Maintenance and Cleaning. Somerset Academy shall, at their sole
cost and expense, and without any cost to City, keep the Premises in good order,
condition and repair during Hours of Use (see paragraph 5) for the term of this
Agreement. If Somerset Academy refuses or neglects to make or perform such
repairs or maintenance in a manner reasonably satisfactory to City, City will have
the right, upon giving Somerset Academy reasonable written notice (except in
situations deemed to be emergency situations by City) of its election to do so, to
make such repairs or perform such maintenance on behalf of and for the
account of Somerset Academy and Somerset
17. Maintenance and Repairs.
a. Somerset Academy agrees that from and after the date that access to the Premises
is afforded to Somerset Academy and until the end of the term, Somerset Academy
will be responsible for all repairs and maintenance to the Premises with the
concurrence of the City.
b. Repair, Maintenance and Cleaning. Somerset Academy shall, at their sole cost and
expense, and without any cost to City, keep the Premises in good order, condition
and repair at all times during the term of this Agreement. If Somerset Academy
refuses or neglects to make or perform such repairs or maintenance in a manner
reasonably satisfactory to City, City will have the right, upon giving Somerset
Academy reasonable written notice (except in situations deemed to be emergency
situations by City) of its election to do so, to make such repairs or perform such
maintenance on behalf of and for the account of Somerset Academy and Somerset
Academy shall pay City's cost of such work promptly upon receipt of a bill thereof.
18. Access to Premises. City and City's agents will have the right, but not the
obligation, to enter and pass through the Premises during Somerset Academy's hours of
operation, including at such other times as such entry will be required by circumstances of
emergency affecting the Premises, for the purpose of performing such maintenance and
making such repairs or changes in or to the Premises. Any such access to the Premises or any
portion thereof, by the City or its agents, other than access required by circumstances of
emergency, will be coordinated with Somerset Academy and will be done in such a manner so
as to minimize the disruption to Somerset Academy 's use of the Premises. Somerset Academy
shall not install any equipment on the Premises.
19. Signs. Somerset Academy will not place or permit to be placed or maintained
on any part of the Premises any sign, awning or canopy, or advertising matter or other thing of
any kind, and will not place or maintain any decoration, letter or advertising matter, without
first obtaining City's written approval.
20. Assigning, Mortgaging, Subletting, Change in Ownership.
a. Consent Required. Somerset Academy shall not sell, transfer, assign, sublet, enter
into license or concession agreements, change ownership, pledge, and mortgage or
hypothecate this Agreement or Somerset Academy's interest in and to the Premises
(hereafter "Disposition") without the prior written consent of City which may be
withheld for any reason or no reason. Any Disposition without City's written
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consent will be void and confer no rights upon any third person. No interest in this
Agreement will pass to any trustee or receiver in bankruptcy, to any estate of
Somerset Academy, to any assignee of Somerset Academy for the benefit of
creditors or to any other party by operation of law or otherwise without City's
written consent which may be denied for any reason or no reason.
b. Alterations. Alterations by Somerset Academy. Somerset Academy may not make
any alterations, renovations, improvements or other installations in or to any part of
the Premises without the express written consent of the City.
21. Default.
a. Notice of Default and Right to Cure: If a party commits a Non -financial Default
(hereinafter referred to as the Defaulting Party) and if the default is a Curable
Default, the other party, who, for the purposes of this section, will be considered the
"Non -Defaulting Party", will have no right to take any action against the Defaulting
Party until the Non -Defaulting Party gives written notice of the default to the
Defaulting Party. Upon receipt of a Notice of Default, the Defaulting Party will have
ten (10) days to cure the default ("Time to Cure"). If the Defaulting Party takes all
available action and proceeds diligently and with all due haste and without delay
and, after the expiration of the Time to Cure, provides the Non -Defaulting Party with
daily written reports of the action being taken to cure the default, then, provided
the daily written reports are delivered daily to the Non -Defaulting Party following
the Time to Cure and until the default has been cured, the time to cure will be
extended for the amount of time necessary to complete the cure (the "Extended
Time to Cure"). If the default is cured within the Time to Cure or, if applicable, the
Extended Time to Cure, the default will be considered Timely Cured and the Non -
Defaulting Party may not terminate the Agreement and shall have no cause of action
for the default.
b. Subsequent Similar Non -financial Default: The parties agree that:
i. a second (2nd) Non -financial Default that occurs for the same or substantially
similar reason is a Non -Curable Default of this Agreement and Defaulting Party
does not have the right to cure such default, or any subsequent default unless
authorized in writing by the Non -Defaulting Party.
ii. If the Defaulting Party has been given five (5) notices of Non -Financial Default of
any nature, any subsequent default of any nature (the sixth default) is a Non -
Curable Default of this Agreement and the defaulting party will not have any right
to cure any such subsequent default unless the Non -Defaulting Party gives
written authorization to cure.
iii. The granting of time to cure the sixth or a subsequent default will not waive the
Non -Defaulting Party's right to treat the happening of a new subsequent, default
as a Non -Curable Default.
iv. If the City determines that Somerset Academy has engaged in any act of
discrimination, or any act or omission that may result in child endangerment on
the Premises, such action is a Non -Curable Default.
Page 7 of 19
v. If there is a Material and Substantial Breach, as defined by this Agreement, the
Defaulting Party will not be entitled to avoid termination of this Agreement by
curing the default without the written consent of the Non -Defaulting Party.
vi. Any default that is defined by this Agreement to be a Material and Substantial
Breach, authorizes the Non -defaulting Party to stop its performance, declare the
Agreement terminated for cause and immediately sue for appropriate relief or, at
its option, said party may continue to perform and sue for damages.
22. City's Remedies.
a. In the event of a Material and Substantial Breach, then, in addition to any other
rights or remedies City may have available pursuant to this Agreement, or at law or
in equity, City has the right, at City's option, without further notice or demand, to
terminate this Agreement, and without demand or notice whatever, the City has the
right to obtain injunctive relief to prevent Somerset Academy's further use of the
Premises. In any event, City will have the right to bring an action for damages to
recover all user fees and any fees due and payable plus any other sum of money and
damages owed by Somerset Academy to City which may accrue.
b. Unperformed Covenants. If Somerset Academy is in default in the performance of
any of Somerset Academy's obligations hereunder, City, without thereby waiving
such default, may, at its option after five (S) days' notice to defaulting party of City's
intent to perform such work, perform the same for the account of Somerset
Academy. If City makes any expenditures, including, but not limited to, payment of
salaries or wages of its staff, or incurs any obligations for the payment of money,
including reasonable attorneys' fees, due to Somerset Academy's failure to perform
its obligations pursuant to provisions of this Agreement or due to Somerset
Academy's acts or omissions that are contrary to the spirit or intent of this
Agreement, such sums paid or obligations incurred shall be payable by Somerset
Academy, as an additional fee, to City on demand; however, the making of such
payment or the taking of such action by City will not be deemed to cure any such
default by Somerset Academy or to stop City from the pursuit of any remedy to
which City would otherwise be entitled.
23. Liability and Indemnity.
a. Limitations of City's Liability.
i. It is understood that Somerset Academy shall procure insurance to cover all loss,
injury or damage suffered by Somerset Academy, its officers, directors,
managers, members, partners, principals, students, parents, employees,
servants, agents, contractors or subcontractors, and City will not be liable or in
any way responsible to Somerset Academy or any other person using the
Premises during all times that Somerset Academy has the right to the use of the
Premises, for any loss, injury or damage suffered by Somerset Academy or
others in respect of (a) property of Somerset Academy or others stolen or
damaged, (b) injury or damage to persons or property resulting from any
condition of the Premises, (c) damage caused by other occupants or persons in
or on the Premises or the public in general, (e) loss or damage, however caused,
other than loss or damage directly caused by the fault of City and which is not
Page 8 of 19 n
otherwise excluded by the provisions of this Section. All limitations of liability
contained in Section 768.28, Fla. Stat., will also apply to the City and its
obligations under the terms of this Agreement. Somerset Academy agrees that it
will have insurance to cover all eventualities including those outlined above and
shall name the City as an additional insured for any liability to third parties.
ii. Somerset Academy has inspected the Premises and agrees to accept the same
"as is" "where is" without any agreements, representations, understandings or
obligations on the part of City whatsoever to perform any alterations, repairs or
improvements.
b. Indemnity.
i. Somerset Academy shall indemnify, defend, save and hold CITY, its officers, agents,
servants, agencies, instrumentalities, affiliates, employees, successors and assigns,
harmless from any and all damages, claims, liability, losses, claims, demands, suits,
fines, judgments or cost and expenses, including reasonable attorney's fees,
paralegal fees and investigative costs incidental there to and incurred prior to,
during or following any litigation, mediation, arbitration and at all appellate levels,
which may be suffered by, or accrued against, charged to or recoverable from the
City of South Miami, its officers, agents, servants, agencies, instrumentalities,
affiliates, employees, successors and assigns, by reason of any cause of action,
proceeding or claim of any kind or nature, including claims for injury to, or death of
any person or persons and for the loss or damage to any property relating to or
arising out of this Agreement, incident to it, or resulting from the performance or
non-performance of Somerset Academy's obligations under this Agreement or any
negligent error, omission, misconduct, or any gross negligence, intentional act or
harmful conduct of Somerset Academy, or its officers, directors, managers,
members, partners, principals, students, parents, employees, servants, agents,
contractors or subcontractors or any of their officers, directors, agents,
representatives, employees, or assigns, or anyone acting through or on behalf of any
of them.
ii.Somerset Academy shall pay all claims, losses and expenses of any kind or nature
whatsoever, in connection therewith, including the expense or loss of the CITY
and/or its affected officers, affiliates, employees, successors and assigns, including
their attorney's fees, in the defense of any action in law or equity brought against
them and relating to or arising out of this Agreement, incident to it, or resulting from
the performance or non-performance of Somerset Academy's obligations under this
Agreement or any negligent error, omission, misconduct, or any gross negligence,
intentional act or harmful conduct of Somerset Academy, or its officers, directors,
managers, members, partners, principals, students, parents, employees, servants,
agents, contractors or subcontractors or any of their officers, directors, agents,
representatives, employees, or assigns, or anyone acting through or on behalf of any
of them..
iii. Somerset Academy agrees and recognizes that neither the CITY nor its officers,
affiliates, employees, successors and assigns shall be held liable or responsible for
any claims, including the costs and expenses of defending such claims which may
Page 9 of 19
result from, relate to or arising out of, be incident to , or resulting from the
performance or non-performance of Somerset Academy's obligations under this
Agreement or any negligent error, omission, misconduct, or any gross negligence,
intentional act or harmful conduct of Somerset Academy, or its officers, directors,
managers, members, partners, principals, students, parents, employees, servants,
agents, contractors or subcontractors or any of their officers, directors, agents,
representatives, employees, or assigns, or anyone acting through or on behalf of any
of them. In reviewing, approving or rejecting any submissions or acts of Somerset
Academy, CITY in no way assumes or shares responsibility or liability for the acts or
omissions of Somerset Academy, or its officers, directors, managers, members,
partners, principals, students, parents, employees, servants, agents, contractors or
subcontractors or any of their officers, directors, agents, representatives,
employees, or assigns, or anyone acting through or on behalf of any of them.
iv. Somerset Academy has the duty to provide a defense with an attorney or law firm
approved by the City of South Miami, which approval will not be unreasonably
withheld.
v.Notwithstanding anything contained herein to the contrary and notwithstanding any
limit on liability provided to Somerset Academy by Florida Statute, any applicable
statutory limitation will not apply to the City's right to proceed against Somerset
Academy for any amount up to the limits of any insurance coverage required by this
Agreement and the limitation set forth in Section 768.28 Florida Statutes will not
limit or prohibit the City from recovering any and all insurance benefit available,
until and unless an amount equal to the amount of insurance required by this
Agreement is paid in full by Somerset Academy or its insurer to the City.
vi. Term of Indemnification. The provisions of this indemnification will survive the
expiration of this Agreement and will terminate only upon the expiration of the
applicable statute of limitation.
24. Public Records: Somerset Academy and all of its subcontractors are required to
comply with the public records law (s.119.0701) while providing goods and/or services
on behalf of the CITY and the Somerset Academy, under such conditions, shall
incorporate this paragraph in all of its subcontracts for this Project and shall: (a) Keep
and maintain public records required by the public agency to perform the service; (b)
Upon request from the public agency's custodian of public records, provide the public
agency with a copy of the requested records or allow the records to be inspected or
copied within a reasonable time at a cost that does not exceed the cost provided in this
chapter or as otherwise provided by law; (c) Ensure that public records that are exempt
or confidential and exempt from public records disclosure requirements are not
disclosed except as authorized by law for the duration of the Contract term and
following completion of the Contract if Somerset Academy does not transfer the records
to the public agency; and (d) Upon completion of the Contract, transfer, at no cost, to
the public agency all public records in possession of Somerset Academy or keep and
maintain public records required by the public agency to perform the service. If
Somerset Academy transfers all public records to the public agency upon completion of
the Contract, Somerset Academy shall destroy any duplicate public records that are
Page 10 of 19 C4-
exempt or confidential and exempt from public records disclosure requirements. If
Somerset Academy keeps and maintains public records upon completion of the
Contract, Somerset Academy shall meet all applicable requirements for retaining public
records. All records stored electronically must be provided to the public agency, upon
request from the public agency's custodian of public records, in a format that is
compatible with the information technology systems of the public agency. IF
SOMERSET ACADEMY HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER
119, FLORIDA STATUTES, TO THE SOMERSET ACADEMY'S DUTY TO PROVIDE PUBLIC
RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS AT 305-663-6340; E-mail: npayne@southmiamifl.gov; 6130 Sunset Drive,
South Miami, FL .33143.
25. Miscellaneous.
a. Background Screening. All personnel and volunteers that will provide any service
with vulnerable persons, as defined in Section 435.02, Fla. Stat., involving the City or
its Agency in such related activity or who may have access to secure or sensitive
areas of the City, must be in compliance with Level II Background Screening and
fingerprinting requirements as per, Florida Statute Ch. 435 prior to the scheduled
start of any employee or volunteer. Somerset Academy shall prevent any and all of
its personnel, including volunteers, from engaging in any such related activities
without having passed a background screening to the satisfaction of the City. A
violation of this requirement shall constitute a Material and Substantial Breach of
this Agreement.
b. Waste or Nuisance. Somerset Academy shall not commit or suffer to be committed
any waste upon the Premises or any nuisance or other act or thing which may
disturb the quiet enjoyment of any other occupants of the Premises.
c. Notices. All notices, demands or requests provided for or permitted to be given
pursuant to this Agreement must be in writing and shall be delivered or sent, with
the copies indicated, by personal delivery if proof of delivery is obtained, electronic
means such as facsimile transmission or e-mail or overnight delivery service. Any
notice, demand, offer or other written instrument required or permitted to be given,
made or sent (hereinafter referred to as "Notice") shall be in writing, signed by the
party giving or making it and shall be sent by facsimile transmission, e-mail, certified
mail with proof of delivery, Federal Express or a reputable national courier of
service, and any other means that provides for proof of delivery. The Notice shall be
sent to the facsimile number, e-mail address, street address or post office box as set
forth herein below (or at such other address as a party may specify by notice given
pursuant to this Section) and hereinafter referred to as a "Party's Address" for the
purposes of this paragraph. Refusal to accept delivery or failure to pick-up a Notice
within ten (10) after the first notification by the delivery service is sent ("First
Notification"), shall be construed as receipt of same. Any Notice given or sent to the
estate of any deceased person shall be signed and sent in a like manner, addressed
to the personal representative of the deceased person at the personal
representative's address, or, if there is no personal representative of the estate,
then it shall be sent to the last address of the decedent Party given in accordance
n
Page 1 I of 19 �J
with this paragraph of the Agreement. The parties shall have the right to change the
place to which the Notice shall be sent by giving Notice as required for all other
Notices and sent to all of the parties to this Agreement. The date of delivery of the
Notice by certified or registered mail will be only as reflected in a return receipt
card; the date of sending an email will be as evidenced by a copy of the e-mail, but
only if it shows the date the e-mail was sent; the date of sending a facsimile
transmission will only be as the date appears on the same page as the Notice and
the receiving parties facsimile phone number; the date of postal serviced notice of
refusal to accept delivery; one (1) business day following receipt showing delivery by
overnight mail or by courier service; the date of postal service notice that mail is
being returned undeliverable, or the date following ten(10) days from the date of
postal service's First Notification to the recipient, if the mail is unclaimed, will be
deemed to be the date of the offer, demand, notice or other writing for the purpose
of this Agreement and it will be effective from that date. No notice will be deemed
adequate unless the party giving notice has produced written proof of delivery. No
notice will be required to be sent to a physical or electronic address (including but
not limited to an e-mail address or a phone number) that has changed, been
discontinued, is out of service, no longer deliverable at that address or if mail has
been returned due the delivery service having failed to find the recipient at the
address given. However, if multiple or alternative addresses have been given, notice
must be sent to the other valid address, if it exists.
To City: City Manger
6130 Sunset Drive
South Miami, FL 33143
skamali@southmiamifl.gov
With a copy to: City Attorney
6130 Sunset Drive
South Miami, FL 33143
tpepe@southmiamifl.gov
City Clerk
6130 Sunset Drive
South Miami, FL 33143
npayne@southmiamifLgov
To Somerset Academy:
Somerset Academy
c/o David Concepcion
Board Chair
20801 Johnson Street
Pembroke Pines, FL 33029
Page 12 of 19 /^ I
With a copy to Charles Gibson, Esq.,
3634 Grand Avenue
Miami, FL 33133
Academic Corporation
6340 Sunset Drive
South Miami, FL 33143
All notices will be deemed given and received one business day after their delivery
to the addresses for the respective party, unless provided otherwise in this
paragraph, with the copies indicated, if any, in this paragraph.
d. Holding Over. If Somerset Academy holds over or occupies the Premises beyond the
Agreement term without the City's written consent, Somerset Academy shall pay
City, for each day of such holding over, a sum equal to both (a) twice the user fee
charged, prorated for the number of days of such holding over, and (b) a pro rata
portion of all other amounts which Somerset Academy would have been required to
pay hereunder had this Agreement been in full force and effect.
e. Corporate Authority. If Somerset Academy is or purports to be a legal entity, the
parties executing this Agreement or any other documents related to this Agreement
on behalf of Somerset Academy hereby covenant and warrant that Somerset
Academy , as applicable, is a duly qualified legal entity in Florida in good standing,
registered and qualified to do business in Florida; that the undersigned are
authorized to execute this Agreement on Somerset Academy 's behalf; that all
franchise and corporate taxes have been paid to date; and that all future forms,
reports, fees and other documents necessary to comply with applicable laws will be
filed when due.
f. Commencement Prerequisites: Unless otherwise authorized by the City Manager in
writing, no possession of the Premises, will be allowed until all conditions precedent
as specified in this Agreement are met, including, but not limited to:
i. The Agreement has been duly executed by a duly authorized representative
of Somerset Academy and City; and
ii. Somerset Academy has furnished, where required, vendor registration
certificate and insurance documents including policies, declaration pages,
endorsements, and insurance certificates.
g. Lobbyist Representations. Somerset Academy represents that it has not employed
or retained any person, to solicit or secure this Agreement and that it has not paid or
agreed to pay any company or person any fee, commission, percentage fee, gifts or
any other considerations contingent upon or resulting from the award or making of
this Agreement. If any of these representations are f is a Material and Substantial
Breach of this Agreement and authorizes City to annul this Agreement without
liability.
h. Notice of Claim: If Somerset Academy believes that it has a claim arising out of this
Agreement that is not barred by the terms of this Agreement for which the City may
Page 13 of 19
be legally liable, a Notice of Claim must be made in writing and delivered to the City
within twenty one (21) days of the date when Somerset Academy knew or should
have known of the claim. The delivery of the claim must be accomplished in the
same manner as delivery of a "notice" or "notification".
L All claims of Somerset Academy against the City relating to or arising out of this
Agreement, or involving injury or damage, must be submitted in writing to the City
Manager. Somerset Academy may request a conference with the City Manager on
the claim. Claims include, without limitation, disputes arising under this
Agreement and those based upon breach of contract, mistake, misrepresentation,
or any cause for contract modification or rescission. The City Manager, after
consultation with the City Attorney, has the authority to resolve controversies
between Somerset Academy and the City.
ii. Claims must be made in writing and sent to the City at the address listed in this
Agreement and shall describe the nature of the claim, the events or circumstances
that gave rise to the claim with reasonable detail, and the amount that is being
claimed to the best of Somerset Academy's information. Somerset Academy shall
not assert any claim against any agent, officer or employee of the City individually
and that arises out of any act or omission by such individual in the execution or
performance of this Agreement on behalf of City. Such claims shall only be made
against the City, if at all.
iii. Notwithstanding anything contained herein to the contrary, nothing contained
herein, and no action by City or its City Manager shall imply that any provision of
this Agreement, that limits or prohibit a claim, has been waived.
iv. If a dispute is not resolved by mutual consent, the City Manager shall promptly
render a written statement of City's position or reasons for the action taken. A
copy of the decision shall be immediately provided to Somerset Academy.
Somerset Academy shall not be entitled to seek any other form of relief without
first having timely followed the procedure set forth in this section.
i. Limitation on Liability: No member of the governing body of the City, and no other
officer, employee, or agent of the City shall have any personal interest, direct or
indirect, in this Agreement, except as permitted by the Code of Ethics of the City of
South Miami; and Somerset Academy covenants that no person having such interest
is employed by Somerset Academy and none shall be employed in the performance
of this Agreement.
j. Corporate Authority: Somerset Academy represents to the City that it has, and has
exercised, the required corporate power and that it has complied with all applicable
legal requirements necessary to adopt, execute and deliver this Agreement and to
assume the responsibilities and obligations created hereunder; and that this
Agreement is duly executed and delivered by an authorized corporate officer, in
accordance with such officer's powers to bind Somerset Academy hereunder, and
constitutes a valid and binding obligation enforceable in accordance with its terms,
conditions and provisions.
k. Entire Agreement, Modification, and Binding Effect: It is understood and agreed by
Somerset Academy that City and City's agents have made no representations or
Page 14 of 19 `-''
promises with respect to the Premises or this Agreement, except as expressly set
forth in this Agreement, and that no claim or liability or cause for termination may
be asserted by Somerset Academy against City for, and City will not be liable by
reason of, any alleged representations or promises not expressly stated in this
Agreement. This Agreement constitutes the entire agreement of the parties,
incorporates all their understandings and supersedes any prior agreements,
understandings, representation or negotiation, written or oral. This Agreement may
not be modified or amended except in writing, signed by both parties hereto. This
Agreement will be binding upon and inure to the benefit of the City and Somerset
Academy and to their respective heirs, successors and assigns. No modification or
amendment of any terms or provisions of this Agreement will be valid or binding
unless it complies with this paragraph. This Agreement, in general, and this
paragraph in particular may not be modified or amended by acts or omissions of the
parties.
I. Independent Contractor: Somerset Academy is an independent legal entity under
this Agreement and nothing herein shall be construed to create a partnership, joint
venture, or agency relationship between the parties.
m. Non -Waiver: City and Somerset Academy agree that no failure to exercise and no
delay in exercising any right, power or privilege under this Agreement on the part of
either party will operate as a waiver of any right, power, or privilege under this
Agreement. No waiver of this Agreement, in whole or part, including the provisions
of this paragraph, may be implied by any act or omission and will only be valid and
enforceable if in writing and duly executed by each of the parties to this Agreement.
Any waiver of any term, condition or provision of this Agreement will not constitute
a waiver of any other term, condition or provision hereof, nor will a waiver of any
breach of any term, condition or provision constitute a waiver of any subsequent or
succeeding breach. The failure to enforce this Agreement as to any particular
breach or default may not act as a waiver of any subsequent breach or default. No
delay or omission to exercise any right or power accruing upon any default will
impair any such right or power or will be construed to be a waiver thereof, and any
such right and power may be exercised from time to time as often as may be
deemed expedient. Receipt by City of any sum payable hereunder, or deposit of
such sum into a bank account, with or without knowledge of the breach of any
provision hereof will not be deemed a waiver of such breach.
n. Rules of Interpretation: Throughout this Agreement the male pronoun may be
substituted for female and neuter and the singular words substituted for plural and
plural words substituted for singular wherever applicable. The parties to this
Agreement have had an opportunity to seek legal counsel and to draft this
Agreement in a manner to avoid any ambiguity. The parties also acknowledge that
all terms of this Agreement were negotiated at arm's length and that this Agreement
and all documents executed in connection herewith were prepared and executed
without undue influence exerted by any party or on any party. Further, this
Agreement was drafted jointly by all parties, and no party is entitled to the benefit
Page 15 of 19 `J
of any rules of construction with respect to the interpretation of any terms,
conditions or provisions of this Agreement in favor of or against any person or party
who drafted this Agreement. The captions contained in this Agreement are inserted
only as a matter of convenience or reference and in no way define, limit, extend or
describe the scope of this Agreement or the intent of any of its provisions.
o. Cumulative Remedies: No right or remedy herein conferred upon or reserved to
City is intended to be exclusive of any other right or remedy, and every right and
remedy will be cumulative and in addition to any other right or remedy given
hereunder or now or hereafter existing. The duties and obligations imposed by this
Agreement and the documents attached to it or made a part of it by reference
("Contract Documents"), if any, and the rights and remedies available hereunder,
and, in particular but without limitation, the warranties, guarantees and obligations
imposed upon Somerset Academy by the Contract Documents and the rights and
remedies available to the City thereunder, will be in addition to, and will not be
construed in any way as a limitation of, any rights and remedies available at law or in
equity, by special guarantee or by other provisions of the Contract Documents. In
order to entitle any party to exercise any remedy reserved to it in the Contract
Documents, or existing in law or in equity, it will not be necessary to give notice,
other than such notice as maybe herein expressly required.
p. Waiver Jury Trial: City and Somerset Academy knowingly, irrevocably voluntarily
and intentionally waive any right either may have to a trial by jury in State or Federal
Court proceedings in respect to any action, proceeding, lawsuit or counterclaim
arising out of the Contract Documents or the performance thereunder.
q. Validity of Executed Copies: This Agreement may be executed in several
counterparts, each of which may be construed as an original.
r. Severability: If any of the non -financial term or provision of this Agreement or the
application thereof to any person or circumstance, to any extent, is illegal, invalid, or
against public policy or otherwise unenforceable, the remainder of this Agreement,
or the application of such term or provision to persons or circumstances other than
those to which it is held invalid or unenforceable, will not be affected thereby and
each term and provision of this Agreement will be valid and enforceable to the
fullest extent permitted by law. Should any provision, paragraph, sentence, word or
phrase contained in this Agreement be determined by a court of competent
jurisdiction to be invalid, illegal or otherwise unenforceable under the laws of the
State of Florida, such provision, paragraph, sentence, word or phrase shall be
deemed modified to the extent necessary in order to conform with such laws, or if
not modifiable, then same shall be deemed severable, and in either event, the
remaining terms and provisions of this Agreement shall remain unmodified and in
full force and effect or limitation of its use.
s. No Discrimination: No action will be taken by Somerset Academy, nor will it permit
any acts or omissions which result in discrimination against any person, including
employee or applicant for employment on the basis of race, creed, color, national
origin, religion, age, sex, familial status, marital status, ethnicity, sexual orientation
or physical or mental disability as proscribed by law and shall comply with the
Page 16 of 19 _:
Americans with Disabilities Act. Somerset Academy agrees that it will take
affirmative action to ensure that such discrimination does not take place.
t. Equal Employment: In accordance with Federal, State and Local law, Somerset
Academy shall not discriminate against any employee or applicant for employment
because of race, creed, color, national origin, religion, age, sex, familial status,
marital status, ethnicity, sexual orientation or physical or mental disability as
proscribed bylaw. The City of South Miami's hiring practices strive to comply with
all applicable federal regulations regarding employment eligibility and employment
practices. Thus, all individuals and entities seeking to do work for the City are
expected to comply with all applicable laws, governmental requirements and
regulations, including the regulations of the United States Department of Justice
pertaining to employment eligibility and employment practices. By signing this
Agreement Somerset Academy hereby certifies under penalty of perjury, to the City,
that Somerset Academy is in compliance with all applicable regulations and laws
governing employment practices.
u. Governing Laws and Venue: This Agreement and the performance of services
hereunder will be governed by the laws of the State of Florida, with exclusive venue
for the resolution of any dispute being a court of competent jurisdiction in Miami -
Dade County, Florida.
v. Attorneys' Fees and Costs: In the event of any litigation between the parties arising
out of or relating in any way to this Agreement or a breach thereof, each party will
bear its own costs and legal fees. Nothing contained herein will prevent or prohibit
the right to be indemnified for any attorney fees incurred in the defense of an action
by a person or entity who is not a party to this Agreement.
w. Subletting or Assigning: Somerset Academy shall not sublet, assign, or transfer any
rights or obligations under this Agreement, or any part thereof, or any of the
services to be performed by it hereunder, without the prior written consent of City.
City has the absolute and sole discretion to deny the assignment or sub -agreement
for any reason or no reason. Any assignment, sublet, transfer or subcontracting in
violation hereof will be void and unenforceable and will be deemed a Material and
Substantial Breach of this Agreement. Somerset Academy shall be as fully
responsible to the City for the acts and omissions of its contractors, subcontractors
and assignees, if any, as it is for the acts and omissions of people directly employed
by it. Somerset Academy shall require each contractor, subcontractor and assignee,
if any are approved by the City, to agree in its contract to observe and be bound to
the City by all obligations and conditions of this Agreement to which Somerset
Academy is bound and applicable to that person or entity. Any assignment in
violation hereof will be void and unenforceable. If allowed by this Agreement,
Somerset Academy shall be as fully responsible to the City for the acts and omissions
of its contractors, subcontractors and assignees as it is for the acts and omissions of
people directly employed by it. All contractors, subcontractors and assignees and
their agreements with Somerset Academy, if allowed by this Agreement, must be
approved by the City. Somerset Academy shall require each contractor,
subcontractor and assignee, who is approved by the City, to agree in its contract to
Page 17 of 19 �-
observe and be bound by all obligations and conditions of this Agreement to which
Somerset Academy is bound. Any contracting, subcontracting or assignment in
violation hereof will be void and unenforceable as it may apply to the City.
x. Third Party Beneficiary: It is specifically understood and agreed that no one is an
intended beneficiary to this Agreement other than the named parties, and none of
provisions of this Agreement will be for the benefit of or be enforceable by anyone
other than the named parties, and only those named parties may have any rights
hereunder.
y. Further Assurances: The parties hereto agree to execute any and all other and
further documents as might be reasonably necessary in order to ratify, confirm, and
effectuate the intent and purposes of this Agreement.
z. Time of Essence: Time is of the essence of this Agreement.
aa. Force Majeure: Neither party hereto will be in default due to its failure to perform
its obligations under this Agreement if caused by acts of God, civil commotion,
strikes, labor disputes, or governmental demands or requirements that could not be
reasonably anticipated or the effects avoided or mitigated. Each party shall notify
the other of any such occurrence.
bb. Declaration of Emergency: In the event of a declared emergency, such as a
hurricane, the City has the right to use the park until the emergency has ended.
Somerset Academy will only be entitled to a rebate for the time that its authorized
use has been totally prevented.
cc. Survival of Obligations: All representations, indemnifications, warranties and
guarantees made in, required by, or given in accordance with this Agreement, as
well as all continuing obligations indicated in this Agreement, shall survive final
payment, the termination of this Agreement.
dd. Effective Date: This Agreement will become effective and binding upon the date on
which the last of the Parties executes this Agreement (the "Effective Date").
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on or before
the day and date set forth next to or below their name.
SOMERSET ACADEMY:
Signature:
Name: Cecilia Guilarte
Title: Principal
Dated: 9/10/2021
Page 18 of 19
ATTESTED:
Signature:
enga Pa e
City Clerk
Read and Approved as to Form, Lan e,
Legality andE, n hereof:
Signature:
City Attorney
CITY OF SOUTH MIAMI
Signature: t
Shari Karnali
City Manager
Dated:
Page 19 of 19
FLORIDA SCHOOL PERFORMANCE GRADE AND AMOs FOR ESEA REPORTING
School Performance Grade
Public schools in Florida are graded annually based on student performance on state assessments and the percentage of students making learning
gains. Schools are assigned a letter grade (A through F) corresponding with their rated performance, with grade "A" representing the highest
performance rating and grade "F" representing a failed rating. A rating of "I" indicates that grading is incomplete. A rating of "I" indicates that grading
is incomplete. While the vast majority of Florida's schools receive a performance grade, certain types of schools are exempt from grading, including
Department of Juvenile Justice (DJJ) facilities.
2016-17 School Performance Grade: A
Progress of the Lowest Performing 25% of Students, 2016-17
Components of the school grade calculation include learning gains of the lowest performing students in English language arts and mathematics,
including the comprehensive and EOC assessments. The following table provides information on the points earned based on learning gains in the
current year made by students in the lowest quartile.
School Results
Mathematics Low 25%, Points Earned English Language Arts Low 25%, Points Earned
2016-17 2016-17
64 74
For more information on school grades and grading procedures, contact your principal's office or your local school board or visit the School Grades
web page at http://schoolgrades.fldoe.org.
Identified Schools for ESEA Flexibility
The table below indicates schools in this district that were identified for support under ESSA, Comprehensive Support and Improvement (CS&I) or
Targeted Support and Improvement (TS&I). Schools identified for CS&I are schools graded "F" in 2016-17 and schools graded "D" in 2016-17 that
were also graded "D" or "F" in the prior year or schools that had a graduation rate of 67% or lower. Schools identified for TS&I are schools that were
graded "D" in 2016-17 and not graded "D" or ' F" in the prior year
Targeted Support and Improvement, 2016-17
District Number
School Number
School Name
13
81
LENORA BRAYNON SMITH ELEMENTARY
13
661
CARIBBEAN K-8 CENTER
13
1161
CRESTVIEW ELEMENTARY SCHOOL
13
3181
MELROSE ELEMENTARY SCHOOL_
13
4461
PINE VILLA ELEMENTARY SCHOOL
13
4961
SHADOWLAWN ELEMENTARY SCHOOL
13
6111
CUTLER BAY MIDDLE
13
6281
THOMAS JEFFERSON MIDDLE SCHOOL
Comprehensive Support and Improvement, 2016-17
District Number
School Number
School Name
13
3041
LORAH PARK ELEMENTARY SCHOOL
13
3051
TOUSSAINT UOUVERTURE ELEM.
13
5791
WEST HOMESTEAD K-8 CENTER
13
6031
BROWNSVILLE MIDDLE SCHOOL
13
6251
HOMESTEAD MIDDLE SCHOOL
13
7231
MIAMI CAROL CITY SENIOR HIGH
For a statewide list of schools identified for ESEA flexibility, visit http.Nwwwf1doe.orglesea.
Notice of Availability of School Financial Report
For information on revenues and expenditures for your school and district, contact your local school board or your school's administrative office. An
online listing of district offices and a directory of schools are also available at htlp:llwww fldoe org/schools/schoolmap/flastVschoolmap_text.asp.
Select a New Report Select a New School Select a New District
Florida Target -10th Ranked Country
Mathematics 20.65% 38.42%
Science Literacy 27.63% 34.61 %
Reading Literacy 30.10% 35.67%
TEACHERS AND STAFF
New Staff
The table shows the number and percentage of instructional staff and school -based administrators who were newly hired at this school in 2016-17.
Staff Type
Instructional Staff
School -Based Administrators
Total
Total Number Number Newly Hired
for 2016-17 for 2016-17
10 3
1 1
11 4
The Professional Qualifications of Teachers
Degree Level
This table shows the number and percentage of teachers at each degree level.
School %
Degree Level
Number
2016-17 2015-16
Bachelor's Degree
9
90.0
Master's Degree
1
10.0
Specialist Degree
Doctorate
Total All Degrees
10
100.0
School % District % State %
30.0 15.0 19.5
100.0 16.6 21.4
36.4 15.1 19.6
District %
2016-17
2015-16
62.1
60.2
33.9
35.6
2.3
2.5
1.8
1.7
100.0
100.0
Percentage of Teachers Teaching with Emergency or Provisional Credentials
State %
2016-17
2015-16
67.0
66.3
30.9
31.6
1.0
1.0
1.1
1.0
100.0
100.0
Florida has no uncertified teachers, although some teachers may be temporarily assigned to areas outside of their field of specialization. Data on
classes taught by teachers out -of -field is provided in the following table.
In -Field and Out -of -Field Teachers
The following chart shows the percentage of core academic classes taught by teachers teaching in -field compared to the percentage of classes
taught by teachers teaching out -of -field. When a teacher in a district school system is assigned teaching duties in a class dealing with subject
matter that is outside the field in which the teacher is certified, outside the field that was the applicant's minor field of study, or outside the field in
which the applicant has demonstrated sufficient subject area expertise, as determined by district school board policy in the subject area to be
taught, that teacher is teaching "out -of -field" Core academic subjects are English, reading, language arts, mathematics, science, foreign
languages, civics, government, economics, arts, history and geography.
School % District % State %
Percentage of Classes with Teachers Teaching In -Field 76.9 95.2 91.7
Percentage of Classes with Teachers Teaching Out -of -Field 23.1 4.8 8.3
Classes Not Taught by Highly Qualified Teachers
The chart below shows the percentage of classes not taught by "Nighty Qualified Teachers" in core academic subjects as defined in federal statute.
A highly qualified teacher has earned at least a bachelor's degree and holds a Florida teaching certificate with appropriate certification for each
core academic area of assignment. Core academic subjects are English, reading, language arts, mathematics, science, foreign languages, civics,
govemment, economics, arts, history and geography.
Classes Not Taught
by Highly Qualified
Teachers
TOTAL
School % District % state %
All High -Poverty Low -Poverty All High -Poverty Low -Poverty
Schools Schools' Schools' Schools Schools' Schools'
41.3 18.6 18.0 29.0 8.9 10.1 8.6
'High -poverty schools are schools ranking in the top 25% of schools based on the percentage of students eligible for free/reduced-price lunch.
Low -poverty schools rank in the bottom quartile of schools based on freelreduced-price lunch enrollment. That is, low -poverty schools have the 43
lowest enrollment in free/reduced-price lunch as a percentage of total membership.
ALL STUDENTS NIA N/A 267 265 23 25 42 41 32 31 3 4 77 75
WHITE 40 50 274 274 15 17 41 40 39 39 5 5 85 83
BLACK 21 15 254 248 35 41 44 42 19 16 1 1 65 59
HISPANIC 33 25 262 255 26 34 43 44 29 21 2 1 74 66
ASIAN 3 6 289 281 10 15 23 31 52 43 15 11 90 85
DISABLED 14 13 244 231 47 62 38 29 14 8 1 1 53 38
ECO. 56 49 257 253 31 36 45 43 23 20 1 1 69 64
DISADVANTAGED
ELL 7 6 228 226 64 68 32 27 5 5 36 32
'Asian and Indian subgroups were too small to report.
International Surveys
Trends in International Mathematics and Science Study (TIMSS } is an international comparative study of student performance in mathematics and
science at the fourth- and eighth grade levels which is conducted every four years. It collects data on achievement, experiences, and attitudes of
fourth and eighth -grade students in the United States and students in the equivalent grades in other participating countries, as well as information
on classroom and school contexts. This study is administered every four years. Florida's objective is to meet the performance of the 10th ranked
country. Florida participated as a benchmarking education system in 2015. The next TIMSS administration in 2019 will provide national -level results
for the United States.
Trends in International Mathematics and Science Study (TIMSS) 2015
High International Benchmark and Higher
Florida Annual Objective
Grade 4 Mathematics 49°% 47%
Grade 8 Mathematics 28% 38%
Grade 4 Science 51 °% 50%
Grade 8 Science 35°% 43°%
Progress in International Reading Literacy Study (PIRLS) is an international comparative study conducted every five years of the reading literacy of
young students. It collects data on the reading achievement, experiences, and attitudes of fourth -grade students in the United States and students
in the equivalent of fourth grade in other participating countries, as well as information on students' classroom and school contexts. Florida's
objective is to meet the performance of the 10th ranked country. Florida participated as a benchmarking education system in 2011. Florida is
included in the PIRLS 2016 national -level results for the United States.
Progress in International Reading Literacy Study (PIRLS) 2011
High International Benchmark and Higher
Florida Annual Objective
Grade 4 Reading 61 % 54°%
Progress in International Reading Literacy Study (PIRLS) 2016
High International Benchmark and Higher
Florida Annual Objective
Grade 4 Reading 53% 57%
Program for International Student Assessment (PISA) conducted every three years is an international assessment that measures 15-year-old
students' reading, mathematics, and science literacy. It assesses students' applied knowledge and skills to problems within a real -life context as
they near the end of compulsory schooling. PISA makes the assumption that as students transition to adult life, they need not only to comprehend
what they read or to retain particular mathematical formulas or scientific concepts, but also to know how to apply their knowledge and skills in the
many different situations they will encounter in their everyday lives. Florida's objective is to meet the performance of the 10th ranked country.
Florida participated as a benchmarking education system in 2012. Florida is included in the PISA 2015 national -level results for the United States.
Program for International Student Assessment (PISA) 2012 Results -15 year olds
Level 4+
Florida Target -10th Ranked Country
Mathematics 18.7°% 43.1 °%
Science Literacy 22.1°% 36.8°%
Reading Literacy 25.9% 36.7°%
Program for International Student Assessment (PISA) 2015 Results -15 year olds 42
Level 4+
GRADE 04
Florida
Nation
Florida Nation
Florida Nation
Florida
Nation
Florida
Nation
Florida
Nation
Florida
Nation
ALL STUDENTS
NIA
N/A
246 239
12 ' 21
41
39
38
32
9
8
88
79
WHITE
39
47
255 248
5 12
33
37
48
40
14
11
95
88
BLACK
22
15
233 223
23 37
50
44
24
17
3
2
77
63
HISPANIC
33
27
242 229
14 30
45
44
35
23
5
3
86
70
ASIAN
3
6
267 258
4 10
24
26
43
40
30
24
96
90
DISABLED
16
13
230 214
29 52
45
32
22
13
4
2
71
48
ECO.
60
54
239 228
16 31
47
44
32
22
4
3
84
69
DISADVANTAGED
ELL
8
12
223 217
34 47
50
39
15
13
1
2
66
53
'American Indian/Alaska Native
subgroup was too small
to report.
NAEP Math
2017 -
State Level Results
% of Students
Average Scale
% Below Basic
% Basic
% Proficient
% Advanced
% Basic
and
Scores
Above
GRADEOS
Florida
Nation
Florida Nation
Florida Nation
Florida
Nation
Florida
Nation
Florida
Nation
Florida
Nation
ALL STUDENTS
N/A
N/A
279 282
34 31
37
36
22
24
7
10
66
69
WHITE
40
50
291 292
21 20
39
37
29
30
11
13
79
80
BLACK
21
15
262 260
52 54
36
34
11
11
1
2
48
46
HISPANIC
32
25
273 268
39 43
37
37
19
16
5
3
61
57
ASIAN
3
6
303 310
13 14
31
25
37
31
19
30
87
86
DISABLED
13
13
257 246
61 70
28
22
9
6
3
2
39
30
ECO.
57
49
269 267
44 45
38
37
16
15
3
3
56
55
DISADVANTAGED
ELL
6
6
247 245
70 72
26
23
3
5
2
1
30
28
'American Indian/Alaska
Native subgroup was too small
to report.
NAEP Reading 2017
- State Level Results
% of Students
Average Scale
% Below Basic
% Basic
% Proficient
% Advanced
% Basic
and
Scores
Above
GRADE 04
Florida
Nation
Florida Nation
Florida Nation
Florida
Nation
Florida
Nation
Florida
Nation
Florida
Nation
ALL STUDENTS
N/A
NIA
228 221
25 33
34
31
30
27
11
9
75
67
WHITE
40
47
239 231
15 22
32
32
37
34
17
12
85
78
BLACK
22
15
212 - 205
43 50
34
31
20
16
3
3
57
50
HISPANIC
33
27
225 208
28 46
36
32
29
18
8
4
72
54
ASIAN
2
6
249 238
9 18
23
25
40
35
27
21
91
82
DISABLED
16
13
206 186
52 68
29
20
15
10
4
2
48
32
ECO.
61
54
219 208
34 46
37
32
25
18
5
3
66
54
DISADVANTAGED
ELL
8
12
192 189
69 68
25
23
6
8
1
31
32
'A rerican Indian/Alaska
Native subgroup was too small
to report.
NAEP Reading 2017
- State Level Results
% of Students
Average Scale
% Below Basic
% Basic
% Proficient
% Advanced
% Basic and 41
Scores
Above
GRADE 08
Florida
Nation
Florida Nation
Florida Nation
Florida
Nation
Florida
Nation
Florida
Nation
Florida
Nation
ELL
School
District
State
Reading
7,591
27,826
Math
7,498
26,688
*Cell sizes smaller than 10 are suppressed.
National Assessment of Educational Progress (NAEP)
Below are the 2017 NAEP state results for grades 4 and 8 in reading and mathematics. Main NAEP, conducted at the state and national level,
occurs every two years in reading and mathematics, every four years in science, and periodically in writing. A representative sample of the student
population participates, and each student takes only a portion of the assessment. Results are then assembled to form projected state and national
scores, based on aggregated student results. NAEP does not provide school- or student -level results.
1. Scale Scores
A scale score is derived from an averaging of scores of student responses to NAEP assessment items on a 0-500 point scale. Scale scores
summarize the overall level of performance attained by a group of students. (NAEP does not produce scale scores for individual students.) When
used in conjunction with interpretive aids, such as item maps, scale scores provide information about what a particular aggregate of students in the
population knows and can do.
2. Achievement Level
Achievement levels are based on scale scores and define the degree to which student performance meets expectations of what students should
know and be able to do. The achievement levels are Basic, Proficient, and Advanced. Below Basic is also reported but not considered to be an
achievement level.
The following chart provides an approximate comparison of NAEP & FSA achievement levels:
FSA Achievement
Levels
NAEP Achievement
Standards
5
Advanced
4
Proficient
2-3
Basic
1
Below Basic
NAEP Participation Rates for Required Subgroups
The chart below shows, for the sample of Florida schools selected to take the grade 4 and grade 8 math and reading assessments, the percentage
of Students with Disabilities (SWDs) and English language learners (ELLs) in the tested grades who were tested on each assessment. The goal
established by the National Assessment Governing Board (NAGB) is 85% inclusion.
Additional information is provided on the NAEP website at hltv:/1www.nces.ed.aov/nationsrenortcard/ or on the FLDOE website at
htto:/hvww. fldoe.orglaccountabiiily/assessments/national-intemationai-assessments/.
NAEP 2017 - Inclusion Rates
MATH
MATH
READING
READING
Grade 04
Grade 08
Grade 04
Grade 08
Florida Nation Florida Nation
Florida Nation
Florida Nation
SWD 87 89
86 89
85 88
89 88
ELL 85 93
85 90
81 92
87 89
NAEP Math
2017 - State Level Results
% of Students Average Scale
% Below Basic
% Basic
% Proficient % Advanced % Basic and 40
Scores
Above
Note: A (#) indicates a subgroup population fewer than ten. N/A indicates zero students in the subgroup.
`Indicates subgroups not included as separate sub -populations in reporting Annual Measurable Objectives (AMOs) for
ESEA compliance.
"Students enrolled in ESOL in the current year.
FSA English Language Arts
School %
District %
State %
ALL GRADES
L1 L2 L3 L4 L5
L1 L2 L3 L4 1-5
L1 L2 L3 L4 L5
ALL STUDENTS
2 11 22 32 33
26 23 23 19 9
24 24 23 19 9
WHITE
4 9 26 13 48
10 16 24 29 20
15 21 26 25 13
BLACK OR AFRICAN AMERICAN
# # # # #
37 29 20 11 3
37 29 20 11 3
HISPANIC/LATINO
2 11 21 34 32
24 22 24 20 10
28 25 23 17 7
ASIAN
# # # # #
11 13 21 27 27
11 15 22 28 25
NATIVE HAWAIIAN OR OTHER PACIFIC ISLANDER" N/A NIA N/A NIA N/A
23 15 26 24 12
21 24 25 21 10
AMERICAN INDIAN OR ALASKA NATIVE
NIA WA N/A N/A NIA
15 17 27 27 14
29 26 22 16 7
TWO OR MORE RACES"
WA N/A N/A NIA N/A
20 22 23 21 14
18 24 25 22 11
DISABLED
# # # # #
55 24 13 6 2
56 25 12 5 2
ECO. DISADVANTAGED
3 11 26 34 26
29 25 23 16 6
31 28 22 14 5
ELL"
# # # # #
47 24 18 9 2
50 26 16 7 2
MIGRANT"
NIA N/A NIA N/A N/A
49 29 17 4 1
43 31 18 7 2
FEMALE'
2 13 22 29 35
22 23 24 20 11
21 24 24 21 11
MALE'
2 8 22 36 32
29 23 22 18 8
28 24 23 17 8
Note: A (#) indicates a subgroup population fewer than ten. N/A indicates zero students in the subgroup.
'Indicates subgroups not included as separate sub -populations in reporting Annual Measurable Objectives (AMOs) for
ESEA compliance.
"Students enrolled in ESOL in the current year.
FSA MATH and EOCs
School %
District %
State %
ALL GRADES
L1 L2 L3 L4 L5
L1 L2 L3 L4 L5
L1 L2 L3 L4 L5
ALL STUDENTS
2 9 29 28 33
27 18 26 18 12
26 19 26 17 11
WHITE
# 9 26 35 30
13 12 26 25 23
17 17 29 22 15
BLACK OR AFRICAN AMERICAN
# # # # #
39 22 24 11 4
41 22 23 10 4
HISPANIC/LATINO
3 8 29 27 33
25 18 26 19 12
29 20 26 16 9
ASIAN
# # # # #
9 10 21 24 37
9 10 22 24 35
NATIVE HAWAIIAN OR OTHER PACIFIC ISLANDER" N/A N/A N/A N/A N/A
23 15 27 26 9
23 18 27 20 13
AMERICAN INDIAN OR ALASKA NATIVE
N/A N/A WA N/A N/A
19 11 29 22 19
30 20 26 15 10
TWO OR MORE RACES'
NIA WA N/A N/A NIA
21 19 26 18 15
22 19 28 19 13
DISABLED
# # # # #
54 19 16 8 3
54 20 17 7 3
ECO. DISADVANTAGED
6 16 31 27 19
31 20 26 16 8
33 22 26 14 6
ELL"
# # # # #
38 20 22 14 6
42 21 21 11 5
MIGRANT
N/A WA N/A N/A WA
44 23 21 11 2
38 24 24 11 3
FEMALE
3 11 30 24 32
26 19 26 18 11
25 20 27 17 11
MALE
2 5 27 32 34
28 18 25 18 12
27 18 26 17 11
Note: A (#) indicates a subgroup population fewer than ten. NIA indicates zero students in the subgroup.
*Indicates subgroups not included as separate sub -populations in reporting Annual Measurable Objectives (AMOs) for
ESEA compliance.
"Students enrolled in ESOL in the current year.
Recently Arrived English Language Learners (ELLS)
Florida students in ESOL programs who have been in the U.S. less than one year are required to be tested on the Assessing Comprehension and
Communication in English state -to -state for English Language Learners 2.0 (ACCESS for ELL 2.0) as well as on a state mathematics assessment.
but may be exempt for up to one administration of the FSA ELA (writing and reading). These students' test scores are not included in the current
year's proficiency calculations for math and reading as a flexibility provision approved for Florida by the U.S. Department of Education. The ESEA
SPAR chart shows the number of recently arrived ELL students who are not included in the mathematics and reading proficiency calculations for 39
accountability purposes.
School
Grade 3
Grade 4
Grade 5
Grade 6
Grade 7
Grade 8
Grade 9
Grade 10
HS
District
Grade 3
Grade 4
Grade 5
Grade 6
Grade 7
Grade 8
Grade 9
Grade 10
HS
State Totals
Grade 3
Grade 4
Grade 5
Grade 6
Grade 7
Grade 8
Grade 9
Grade 10
HS
ELA Math
2016-17 2016-17
85 91
85 93
91 82
ELA
Math
2016-17
2016-17
61
68
61
70
57
62
56
55
56
56
59
61
56
NA
53
NA
NA
45
ELA
Math
2016-17
2016-17
59
63
57
65
54
59
54
53
54
58
56
63
54
NA
51
NA
NA
48
FSA is only administered to Grades 3-8 for Math. HS results for Math include end -of -course assessment results in Algebra 1, Geometry and
Algebra 2.
'The 2016-17 FSAA-Datafolio does not have results yet as the standards have not been set. FSAA-Datafolio may be included on percent tested.
Percentage of Students Scoring at Each Statewide Assesment Achievement Level, 2016-17
SCIENCE & BIOLOGY 1 EOC
School %
District %
State %
ALL GRADES
1-1 L2 L3 L4 L5
L1 L2 L3 1-4 L5
L1 L2 L3 L4 1-5
ALL STUDENTS
# 10 43 18 29
22 26 28 12 12
20 26 28 13 14
WHITE
# # # # #
9 19 31 18 23
11 22 31 16 20
BLACK OR AFRICAN AMERICAN
# # # # #
30 31 26 8 5
32 32 24 7 5
HISPANIC/LATINO
# 8 44 18 31
21 25 29 13 12
23 28 27 11 10
ASIAN
# # # # #
8 15 28 15 34
8 15 26 18 33
NATIVE HAWAIIAN OR OTHER PACIFIC ISLANDER'
N/A NIA N/A N/A N/A
8 38 38 8 8
18 25 28 15 14
AMERICAN INDIAN OR ALASKA NATIVE
N/A N/A N/A N/A WA
12 18 24 24 20
20 28 28 12 13
TWO OR MORE RACES
N/A N/A N/A N/A NIA
19 23 29 14 14
15 25 29 14 16
DISABLED
# # # # #
46 29 17 6 3
46 30 17 5 3
ECO. DISADVANTAGED
# 19 62 5 14
25 28 28 10 9
26 30 26 10 8
ELL"
N/A N/A N/A N/A N/A
43 31 18 5 3
46 31 16 4 3
MIGRANT'
N/A N/A N/A NIA N/A
34 34 24 5 4
35 33 23 6 4
FEMALE
# 10 44 15 31
20 27 30 12 11
19 27 29 13 12
MALE
# 10 41 21 28
23 25 27 12 13
21 25 27 13 15
38
College Going
Racial/Ethnic Group Number of Standard Number of Graduates Enrolled In [HE' School District State
Diplomas Earned in within 16 Months of Earning a Regular %
%
%
2011-2012 High School Diploma
WHITE
87
75
BLACK OR AFRICAN
78
74
AMERICAN
HISPANIC/LATINO
84
76
ASIAN
91
88
AMERICAN INDIAN OR
94
77
ALASKA NATIVE
NATIVE HAWAIIAN OR #E # #
#
#
OTHER PACIFIC ISLANDER
OTHER
85
75
DISABLED
65
57
ECONOMICALLY
80
68
DISADVANTAGED
ELL
75
70
MIGRANT
81
60
FEMALE
85
79
MALE
80
71
UNKNOWN # # #
#
#
TOTAL
83
75
Note: WA indicates no student membership for that subgroup, and # represents a population fewer than 10.
STUDENT PERFORMANCE
Florida Statewide, Standardized Assessments
The Florida Standards Assessments (FSA) measure students' mastery of the Florida Standards and are administered to students in grades 3-10 in
English language arts (ELA) and grades 3-8 in mathematics as well as in Algebra 1, Geometry, and Algebra 2. The end -of -course assessment in
Algebra 2 was administered for the last time in spring 2017. In science, Florida administers the Statewide Science Assessment in grades 5 and 8
and the Biology 1 End -of -Course (EOC) assessment, aligned to the Next Generation Sunshine State Standards (NGSSS). Florida also administers
social studies EOC assessments in Civics and U.S. History.
Florida Standards Alternate Assessment (FSAA) for Students with Disabilities
The FSAA is designed for students whose participation in the general statewide assessment (FSA, Statewide Science Assessment and EOCs) is
not appropriate, even with accommodations. The FSAA measures student academic performance on the Florida Standards Access Points (FS-AP)
in language arts (reading, writing), mathematics and science. In these subject areas, it is administered in grades 3-10 in ELA, grades 3-8 in
Mathematics, Algebra 1, Geometry, grades 5 and 8 in Science and Biology 1. The FSAA program includes two assessment components to address
students' needs, the FSAA—Performance Task and the FSAA—Datafolio. The FSAA—Performance Task was administered for the first time in
20', 5-16, and the FSAA—Datafolio was administered for the first time in 2016-17. It replaces the Florida Alternate Assessment (FAA), which
measured the Next Generation Sunshine State Standards Access Points (NGSSS-AP) in language arts (reading, writing), mathematics and
science. Florida also administers the FSAA in Civics and U.S. History.
Accountability Assessment Results by Subject
Assessment results in the following tables reflect scores on FSA or NGSSS assessments. For mathematics and science, results include EOC
assessment results, as applicable. Results show satisfactory attainment for students who were in attendance during both semesters of the school
year.
English Language Arts, Mathematics and Science Assessments
On the FSA, students can attain one of five possible achievement levels, ranging from Level 1 (lowest) to Level 5 (highest), with scores at Level 3
or higher designated as satisfactory. On the FSAA—Performance Task assessments, students can attain one of four possible achievement levels,
ranging from Level 1 (lowest) to Level 4 (highest). Standard setting for the FSAA—Datafolio will occur in falVMnter 2017-18.
Assessment Results by Grade: Percent Scoring Satisfactory or Above
(FSA and EOCs)
37
GRADUATION RATE AND DROPOUT RATE
Federal Uniform Graduation Rate
The graduation rate shows the percentage of students who graduated with a standard high school diploma within four years of initial entry into ninth
grade.
School % District % State %
2015-16 2014-15 2015-16 2014-15 2015-16 2014-15
ALL STUDENTS 80.4 78.1 80.7 77.9
WHITE
88.5
88.3
85.1
82.8
BLACK OR AFRICAN AMERICAN
73.8
70.4
72.3
68.0
HISPANIC/LATINO
81.4
79.2
79.5
76.7
ASIAN
91.8
91.0
91.9
90.9
NATIVE HAWAIIAN OR OTHER PACIFIC ISLANDER
84.7
82.6
AM.INDIAN OR ALASKA NATIVE
96.8
89.5
76.5
75.7
TWO OR MORE RACES
89.2
86.0
82.7
81.5
DISABLED
68.7
65.6
61.6
56.8
ECONOMICALLY DISADVANTAGED
78.1
75.3
74.4
70.4
ELL
62.2
61.6
62.0
59.5
MIGRANT
71.1
65.4
73.4
67.0
AT -RISK (Low 25)'
64.6
56.2
62.7
52.3
FEMALE 84.2 81.3 84.5 81.7
MALE 76.7 74.9 77.0 74.1
Note: An asterisk (') indicates a subgroup population fewer than ten. A blank cell indicates zero students in the subgroup.
"At -risk students are students whose test scores entering high school qualify for inclusion in the lowest performing 25%.
High School Cohort Dropout Rate
Cohort Dropouts are students who have voluntarily removed themselves from the school system before graduation; students who have not met the
relevant attendance requirements of the school district or who were expected to attend a school but did not enter as expected for unknown
reasons; students who have withdrawn from school and have not transferred to another public or private school or enrolled in any career, adult, or
alternative educational program; students who have withdrawn from school due to hardship, unless such withdrawal has been granted under the
provisions of s. 329.091. F.S., court action, expulsion, medical reasons, or pregnancy; or students who are not eligible to attend school because of
reaching the maximum age for an exceptional student program in accordance with the district's policy.
Racial/Ethnic Group
WHITE
BLACK OR AFRICAN AMERICAN
HISPANIC/LATINO
ASIAN
NATIVE HAWAIIAN OR OTHER PACIFIC ISLANDER
AM.INDIAN OR ALASKA NATIVE
TWO OR MORE RACES
FEMALE
MALE
School % District % State %
2016-17 2015-16 2016-17 2015-16 2016-17 201546
N/A 0.0 3.8 0.0 3.3 0.0
N/A 0.0 7.8 0.0 5.2 0.0
N/A 0.0 5.4 0.0 4.3 0.0
N/A 0.0 2.2 0.0 0.9 0.0
N/A 0.0 # 0.0 2.2 0.0
N/A 0.0 12.0 0.0 5.4 0.0
N/A 0.0 6.6 0.0 4.0 0.0
N/A 0.0 4.2 0.0 2.6 0.0
N/A 0.0 7.2 0.0 4.1 0.0
TOTAL N/A 0.0 5.7 0.0 4.0 0.0
Note: N/A indicates no student membership for that subgroup, and # represents a population fewer than 10.
POSTSECONDARY FOLLOW-UP DATA
36
Shown in the tables are the reported numbers of 2011-12 (calendar year) graduates who enrolled in institutions of higher education (IHE) which
include public community colleges or universities within 16 months of high school graduation.
SOMI=RSET AGADEMY CHARTERS MIDDLE SOUTH MIAMI GRADES: 6-8
SCHOOL, DISTRICT, AND STATE PUBLIC ACCOUNTABILITY REPORT
OCTOBER MEMBERSHIP
GRADUATION RATE AND DROPOUT RATE
POSTSECONDARY FOLLOW-UP DATA
STUDENT PERFORMANCE
NATIONAL ASSESSMENT OF EDUCATIONAL PROGRESS (NAEP)
INTERNATIONAL SURVEYS
TEACHERS AND STAFF
FLORIDA SCHOOL PERFORMANCE GRADE
OCTOBER MEMBERSHIP
The following table provides information on the composition of the student population at the school, district, and state levels.
RaciaUEthnic Group
Number of Students
School %
District%
State %
Enrolled in October
Female Male
2016-17 2015-16
2016-17 2015-16 2016-17 2016-16
WHITE
14
11.0 11.8
7.1 7.3
38.7
39.5
BLACK OR AFRICAN AMERICAN
'
21.1 21.9
22.3
22.5
HISPANICMTINO
99 84
87.1 86.1
70.1 69.1
32.4
31.5
ASIAN
1.1 1 A
2.7
2.6
NATIVE HAWAtIAN OR OTHER PACIFIC
0.2
0.2
ISLANDER
AMERICAN INDIAN OR ALASKA NATIVE
TWO OR MORE RACES
0.1 0.1 0.3 0.3
0.6 0.6 3.4 3.4
DISABLED
'
9.9
9.7
13.4
13.1
ECONOMICALLY DISADVANTAGED"'
27 29 26.7
25.1 70.8
72.0
58.1
58.8
ELL
`
29.2
28.9
13.4
13.0
MIGRANT
0.3
0.3
0.5
0.5
FEMALE
115 54.8
52.4 48.8
48.8
48.7
48.7
MALE
95 45.2
47.6 51.2
51.2
51.4
51.4
TOTAL 210 100.0 100.0 100.0 100.0 100.0 100.0
Note: An asterisk (') indicates a subgroup population fewer than ten. A blank cell indicates zero students in the subgroup.
••* NOTE: Economically disadvantaged calculations in this report do not reflect the USDA multiplier for eligible Community Eligibility
Provision (CEP) schools. More information about the Community Eligibility Provision can be found at the United States Department of
Agriculture website: http:/lwww.fns.usda.gov/school-meals/community-eligibility-provision.
httpJ/www.fns.usda.gov/school-meals/community-eligibility-provision-status-school-districts-and-schools-state.
A list of CEP eligible schools is located at
http://www.fns.usda.gov/school-mealslcommunity-eligibility-provision-status-school-districts-and-schools-state.
School and district lunch reports with the CEP multiplier applied, if applicable, are located at
http://www.fldoe.orglaccountability/data-sys/edu-info-accountability-services/pk-l2-public-school-data-pubs-reports/students stml
35
FLORIDA SCHOOL PERFORMANCE GRADE AND AMOs FOR ESEA REPORTING
School Performance Grade
Public schools in Florida are graded annually based on student performance on state assessments and the percentage of students making learning
gains. Schools are assigned a letter grade (A through F) corresponding with their rated performance, with grade "A" representing the highest
performance rating and grade "F' representing a failed rating. A rating of "I" indicates that grading is incomplete. A rating of "I" indicates that grading
is incomplete. While the vast majority of Florida's schools receive a performance grade, certain types of schools are exempt from grading, including
Department of Juvenile Justice (DJJ) facilities.
2016-17 School Performance Grade: A
Progress of the Lowest Performing 25% of Students, 2016-17
Components of the school grade calculation Include learning gains of the lowest performing students in English language arts and mathematics,
including the comprehensive and EOC assessments. The following table provides information on the points earned based on learning gains in the
current year made by students in the lowest quartile.
School Results
Mathematics Low 25%, Points Earned English Language Arts Low 25%, Points Earned
2016-17 2016-17
74 70
For more information on school grades and grading procedures, contact your principal's office or your local school board or visit the School Grades
web page at http://schoolgrades.fldoe.org.
Identified Schools for ESEA Flexibility
The table below indicates schools in this district that were identified for support under ESSA, Comprehensive Support and Improvement (CS&I) or
Targeted Support and Improvement (TS&I). Schools identified for CS&I are schools graded "F" in 2016-17 and schools graded "D" in 2016-17 that
were also graded "D" or "F" in the prior year or schools that had a graduation rate of 67% or lower. Schools identified for TS&I are schools that were
graded "D" in 2016-17 and not graded 'D" or "F" in the prior year.
Targeted Support and Improvement, 2016-17
District Number
School Number
School Name
13
81
LENORA BRAYNON SMITH ELEMENTARY
13
661
CARIBBEAN K-8 CENTER
13
1161
CRESTVIEW ELEMENTARY SCHOOL
13
3181
MELROSE ELEMENTARY SCHOOL
13
4461
PINE VILLA ELEMENTARY SCHOOL
13
4961
SHADOWLAWN ELEMENTARY SCHOOL
13
6111
CUTLER BAY MIDDLE
13
6281
THOMAS JEFFERSON MIDDLE SCHOOL
Comprehensive Support and Improvement, 2016-17
District Number
School Number
School Name
13
3041
LORAH PARK ELEMENTARY SCHOOL
13
3051
TOUSSAINT L'OUVERTURE ELEM.
13
5791
WEST HOMESTEAD K-8 CENTER
13
6031
BROWNSVILLE MIDDLE SCHOOL
13
6251
HOMESTEAD MIDDLE SCHOOL
13
7231
MIAMI CAROL CITY SENIOR HIGH
For a statewide list of schools identified for ESEA flexibility, visit http:l/www fldoe.org/esea.
Notice of Availability of School Financial Report
For information on revenues and expenditures for your school and district, contact your local school board or your school's administrative office. An
online listing of district offices and a directory of schools are also available at http://www fldoe org/schools/schoolmap/flash/schoolmap_text.asp.
Select a New ReportSelect a New School Select a New District
34
Florida Target -10th Ranked Country
Mathematics 20.65% 38.42%
Science Literacy 27.63% 34.61 %
Reading Literacy 30.10% 35.67%
TEACHERS AND STAFF
New Staff
The table shows the number and percentage of instructional staff and school -based administrators who were newly hired at this school in 2016-17.
Staff Type
Instructional Staff
School -Based Administrators
Total
Total Number Number Newly Hired
for 201647 for 2016-17
21 9
1 0
22 9
The Professional Qualifications of Teachers
Degree Level
This table shows the number and percentage of teachers at each degree level.
School % District % State %
42.9 15.0 19.5
0.0 16.6 21.4
40.9 15.1 19.6
School %
District %
State %
Degree Level
Number 2016-17 2015-16
2016-17 201546
2016-17
2015-16
Bachelor's Degree
20 100.0
62.1
60.2
67.0
66.3
Master's Degree
33.9
35.6
30.9
31.6
Specialist Degree
2.3
2.5
1.0
1.0
Doctorate
1.8
1.7
1.1
1.0
Total All Degrees
20 100.0
100.0
100.0
100.0
100.0
Percentage of Teachers Teaching with Emergency or Provisional Credentials
Florida has no uncertified teachers, although some teachers may be temporarily assigned to areas outside of their field of specialization. Data on
classes taught by teachers out -of -field is provided in the following table.
In -Field and Out -of -Field Teachers
The following chart shows the percentage of core academic classes taught by teachers teaching in -field compared to the percentage of classes
taught by teachers teaching out -of -field. When a teacher in a district school system is assigned teaching duties in a Gass dealing with subject
matter that is outside the field in which the teacher is certified, outside the field that was the applicant's minor field of study, or outside the field in
which the applicant has demonstrated sufficient subject area expertise, as determined by district school board policy in the subject area to be
taught, that teacher is teaching "out -of -field " Core academic subjects are English, reading, language arts, mathematics, science, foreign
languages, civics, government, economics, arts, history and geography.
School % District % State %
Percentage of Classes with Teachers Teaching In -Field 92.3 95.2 91.7
Percentage of Classes with Teachers Teaching Out -of -Field 7.7 4.8 8.3
Classes Not Taught by Highly Qualified Teachers
The chart below shows the percentage of classes not taught by "Highly Qualified Teachers" in core academic subjects as defined in federal statute.
A highly qualified teacher has eamed at least a bachelor's degree and holds a Florida teaching certificate with appropriate certification for each
core academic area of assignment. Core academic subjects are English, reading, language arts, mathematics, science, foreign languages, civics,
government, economics, arts, history and geography.
Classes Not Taught
by Highly Qualified
Teachers
TOTAL
School % District % State %
All High -Poverty Low -Poverty All High -Poverty Low -Poverty
Schools Schools* Schools' Schools Schools* Schools'
16.9 18.6 18.0 29.0 8.9 10.1 8.6
*Kgh-poverty schools are schools ranking in the tap 25% of schools based on the percentage of students eligible for free/reduced-price lunch.
Low -poverty schools rank in the bottom quartile of schools based on free/reduced-price lunch enrollment. That is, low -poverty schools have the 33
lowest enrollment in free/reduced-price lunch as a percentage of total membership.
ALL STUDENTS NIA NIA 267 265 23 25 42 41 32 31 3 4 77 75
WHITE 40 50 274 274 15 17 41 40 39 39 5 5 85 83
BLACK 21 15 254 248 35 41 44 42 19 16 1 1 65 59
HISPANIC 33 25 262 255 26 34 43 44 29 21 2 1 74 66
ASIAN 3 6 289 281 10 15 23 31 52 43 15 11 90 85
DISABLED 14 13 244 231 47 62 38 29 14 8 1 1 53 38
ECO. 56 49 257 253 31 36 45 43 23 20 1 1 69 64
DISADVANTAGED
ELL 7 6 228 226 64 68 32 27 5 5 36 32
`Asian and Indian subgroups were too small to report.
International Surveys
Trends in International Mathematics and Science Study (TIMSS) is an international comparative study of student performance in mathematics and
science at the fourth- and eighth grade levels which is conducted every four years. It collects data on achievement, experiences, and attitudes of
fourth and eighth -grade students in the United States and students in the equivalent grades in other participating countries, as well as information
on classroom and school contexts. This study is administered every four years. Florida's objective is to meet the performance of the 10th ranked
country. Florida participated as a benchmarking education system in 2015. The next TIMSS administration in 2019 will provide nationaNevel results
for the United States.
Trends in International Mathematics and Science Study (TIMSS) 2015
High International Benchmark and Higher
Florida Annual Objective
Grade 4 Mathematics 49% 47%
Grade 8 Mathematics 28% 38%
Grade 4 Science 51 % 50%
Grade 8 Science 35% 43%
Progress in International Reading Literacy Study (PIRLS) is an international comparative study conducted every five years of the reading literacy of
young students. It collects data on the reading achievement, experiences, and attitudes of fourth -grade students in the United States and students
in the equivalent of fourth grade in other participating countries, as well as information on students' classroom and school contexts. Florida's
objective is to meet the performance of the 10th ranked country. Florida participated as a benchmarking education system in 2011. Florida is
included in the PIRLS 2016 national -level results for the United States.
Progress in International Reading Literacy Study (PIRLS) 2011
High International Benchmark and Higher
Florida Annual Objective
Grade 4 Reading 61 % 54%
Progress in International Reading Literacy Study (PIRLS) 2016
High International Benchmark and Higher
Florida Annual Objective
Grade 4 Reading 53% 57%
Program for International Student Assessment (PISA) conducted every three years is an international assessment that measures 15-year-old
students' reading, mathematics, and science literacy. It assesses students' applied knowledge and skills to problems within a real -life context as
they near the end of compulsory schooling. PISA makes the assumption that as students transition to adult life, they need not only to comprehend
what they read or to retain particular mathematical formulas or scientific concepts, but also to know how to apply their knowledge and skills in the
many different situations they will encounter in their everyday lives. Florida's objective is to meet the performance of the 10th ranked country.
Florida participated as a benchmarking education system in 2012. Florida is included in the PISA 2015 national -level results for the United States.
Program for International Student Assessment (PISA) 2012 Results -15 year olds
Level 4+
Florida Target -10th Ranked Country
Mathematics 18.7% 43.1 %
Science Literacy 22.1 % 36.8%
Reading Literacy 25.9% 36.7%
Program for International Student Assessment (PISA) 2015 Results -15 year olds 32
Level 4+
GRADE 04
Florida
Nation
Florida Nation
Florida
Nation Florida Nation Florida
Nation
Florida
Nation
Florida
Nation
ALL STUDENTS
N/A
N/A
246 239
12
21
41
39
38
32
9
8
88
79
WHITE
39
47
255 248
5
12
33
37
48
40
14
11
95
88
BLACK
22
15
233 223
23
37
50
44
24
17
3
2
77
63
HISPANIC
33
27
242 229
14
30
45
44
35
23
5
3
86
70
ASIAN
3
6
267 258
4
10
24
26
43
40
30
24
96
90
DISABLED
16
13
230 214
29
52
45
32
22
13
4
2
71
48
ECO.
60
54
239 228
16
31
47
44
32
22
4
3
84
69
DI SADVANTAGED
ELL
8
12
223 217
34
47
50
39
15
13
1
2
66
53
•American Indian/Alaska Native subgroup was too small to report.
NAEP Math
2017 - State Level Results
% of Students
Average Scale
% Below Basic
°% Basic
% Proficient
% Advanced
°% Basic and
Scores
Above
GRADE 08
Florida
Nation
Florida Nation
Florida
Nation Florida Nation
Florida
Nation
Florida
Nation
Florida
Nation
ALL STUDENTS
N/A
N/A
279 282
34
31
37
36
22
24
7
10
66
69
WHITE
40
50
291 292
21
20
39
37
29
30
11
13
79
80
BLACK
21
15
262 260
52
54
36
34
11
11
1
2
48
46
HISPANIC
32
25
273 268
39
43
37
37
19
16
5
3
61
57
ASIAN
3
6
303 310
13
14
31
25
37
31
19
30
87
86
DISABLED
13
13
257 246
61
70
28
22
9
6
3
2
39
30
ECO.
57
49
269 267
44
45
38
37
16
15
3
3
56
55
DISADVANTAGED
ELL
6
6
247 245
70
72
26
23
3
5
2
1
30
28
'American Indian/Alaska
Native subgroup was too small
to report.
NAEP Reading
2017 - State Level Results
% of Students
Average Scale
% Below Basic
% Basic
% Proficient
% Advanced
% Basic
and
Scores
Above
GRADE 04
Florida
Nation
Florida Nation
Florida
Nation Florida
Nation
Florida
Nation
Florida
Nation
Florida
Nation
ALL STUDENTS
N/A
WA
228 221
25
33
34
31
30
27
11
9
75
67
WF-1TE
40
47
239 231
15
22
32
32
37
34
17
12
85
78
BLACK
22
15
212 205
43
50
34
31
20
16
3
3
57
50
HISPANIC
33
27
225 208
28
46
36
32
29
18
8
4
72
54
A SI•AN
2
6
249 238
9
18
23
25
40
35
27
21
91
82
DISABLED
16
13
206 186
52
68
29
20
15
10
4
2
48
32
ECO.
61
54
219 208
34
46
37
32
25
18
5
3
66
54
C ISADVANTAGED
ELL
8
12
192 189
69
68
25
23
6
8
1
31
32
'Arierican Indian/Alaska Native subgroup was too small
to report.
NAEP Reading
2017
- State Level Results
% of Students
Average Scale
% Below Basic
% Basic
% Proficient
% Advanced
% Basic and 31
Scores
Above
GRADE 08
Florida
Nation
Florida Nation
Florida
Nation Florida
Nation
Florida
Nation
Florida
Nation
Florida
Nation
ELL
School
District
State
Reading
7,591
27.826
Math
7,498
26,688
'Cell sizes smaller than 10 are suppressed.
National Assessment of Educational Progress (NAEP)
Below are the 2017 NAEP state results for grades 4 and 8 in reading and mathematics. Main NAEP, conducted at the state and national level,
occurs every two years in reading and mathematics, every four years in science, and periodically in writing. A representative sample of the student
population participates, and each student takes only a portion of the assessment. Results are then assembled to form projected state and national
scores, based on aggregated student results. NAEP does not provide school- or student -level results.
1. Scale Scores
A scale score is derived from an averaging of scores of student responses to NAEP assessment items on a 0-500 point scale. Scale scores
summarize the overall level of performance attained by a group of students. (NAEP does not produce scale scores for individual students.) When
used in conjunction with interpretive aids, such as item maps, scale scores provide information about what a particular aggregate of students in the
population knows and can do.
2. Achievement Level
Achievement levels are based on scale scores and define the degree to which student performance meets expectations of what students should
know and be able to do. The achievement levels are Basic, Proficient, and Advanced. Below Basic is also reported but not considered to be an
achievement level.
The following chart provides an approximate comparison of NAEP & FSA achievement levels:
FSA Achievement
Levels
NAEP Achievement
Standards
5
Advanced
4
Proficient
2-3
Basic
1
Below Basic
NAEP Participation Rates for Required Subgroups
The chart below shows, for the sample of Florida schools selected to take the grade 4 and grade 8 math and reading assessments, the percentage
of Students with Disabilities (SWDs) and English language learners (ELLs) in the tested grades who were tested on each assessment. The goal
established by the National Assessment Governing Board (NAGS) is 85% inclusion.
Additional information is provided on the NAEP website at htto:/twww.nces.ed.gov/nationsreoorlcardJ or on the i~LDOE website at
httn,//www. tidoe. oro/ar-countability/assessmentslnational-intemational-assessments/.
NAEP 2017 - Inclusion Rates
MATH
MATH
READING
READING
Grade 04
Grade 08
Grade 04
Grade 08
Florida Nation
Florida Nation
Florida Nation
Florida Nation
SWD 87 89
86 89
85 88
89 88
ELL 85 93
85 90
81 92
87 89
NAEP Math
2017 - State Level Results
% of Students Average Scale % Below Basic
% Basic
% Proficient % Advanced % Basic and 30
Scores
Above
Note: A (#) indicates a subgroup population fewer than ten. N/A indicates zero students in the subgroup.
"Indicates subgroups not included as separate sub -populations in reporting Annual Measurable Objectives (AMOs) for
ESEA compliance.
"Students enrolled in ESOL in the current year.
FSA English Language Arts
School %
District %
State %
ALL GRADES
L1 L2 L3 L4 L5
L1 L2 L3 L4 L5
L1 L2 L3 L4 L5
ALL STUDENTS
1 8 25 34 33
26 23 23 19 9
24 24 23 19 9
WHITE
# # # # #
10 16 24 29 20
15 21 26 25 13
BLACK OR AFRICAN AMERICAN
# # # # #
37 29 20 11 3
37 29 20 11 3
HISPANIC/LATINO
# 7 25 34 34
24 22 24 20 10
28 25 23 17 7
ASIAN
# # # # #
11 13 21 27 27
11 15 22 28 25
NATIVE HAWAIIAN OR OTHER PACIFIC ISLANDER' NIA N/A N/A N/A WA
23 15 26 24 12
21 24 25 21 10
AMERICAN INDIAN OR ALASKA NATIVE
# # # # #
15 17 27 27 14
29 26 22 16 7
TWO OR MORE RACES'
N/A N/A N/A WA N/A
20 22 23 21 14
18 24 25 22 11
DISABLED
# # # # #
55 24 13 6 2
56 25 12 5 2
ECO. DISADVANTAGED
3 17 31 31 17
29 25 23 16 6
31 28 22 14 5
ELL**
# # # # #
47 24 18 9 2
50 26 16 7 2
MIGRANT'
N/A N/A N/A N/A N/A
49 29 17 4 1
43 31 18 7 2
FEMALE'
1 8 24 33 34
22 23 24 20 11
21 24 24 21 11
MALE`
# 7 26 36 32
29 23 22 18 8
28 24 23 17 8
Note: A (#) indicates a subgroup population fewer than ten. N/A indicates zero students In the subgroup.
'Indicates subgroups not included as separate sub -populations in reporting Annual Measurable Objectives (HMOs) for
ESEA compliance.
"Students enrolled in ESOL in the current year.
FSA MATH and EOCs
School %
District %
State %
ALL GRADES
L1 L2 L3 L4 L5
L1 L2 L3 L4 LS
L1 L2 L3 L4 L5
ALL STUDENTS
1 4 18 34 43
27 18 26 18 12
26 19 26 17 11
WHITE
# # # # #
13 12 26 25 23
17 17 29 22 15
BLACK OR AFRICAN AMERICAN
# # # # #
39 22 24 11 4
41 22 23 10 4
HISPANIC/LATINO
1 3 18 34 45
25 18 26 19 12
29 20 26 16 9
ASIAN
# # # # #
9 10 21 24 37
9 10 22 24 35
NATIVE HAWAIIAN OR OTHER PACIFIC ISLANDER•
N/A NIA N/A WA N/A
23 15 27 26 9
23 18 27 20 13
AMERICAN INDIAN OR ALASKA NATIVE
# # # # #
19 11 29 22 19
30 20 26 15 10
TWO OR MORE RACES'
N/A N/A N/A N/A N/A
21 19 26 18 15
22 19 28 19 13
DISABLED
# # # # #
54 19 16 8 3
54 20 17 7 3
ECO. DISADVANTAGED
3 7 28 34 28
31 20 26 16 8
33 22 26 14 6
ELL"
# # # # #
38 20 22 14 6
42 21 21 11 5
MIGRANT
WA N/A N/A N/A N/A
44 23 21 11 2
38 24 24 11 3
FEMALE
1 4 20 34 41
26 19 26 18 11
25 20 27 17 11
MALE
# 4 16 35 45
28 18 25 18 12
27 18 26 17 11
Note: A (#) indicates a subgroup population fewer than
ten. N/A indicates zero students in the subgroup.
'Indicates subgroups not included as separate sub -populations in reporting Annual Measurable Objectives (AMOs) for
ESEA compliance.
"Students enrolled in ESOL in the current year.
Recently Arrived English Language Learners (ELLs)
Florida students in ESOL programs who have been in the U.S. less than one year are required to be tested on the Assessing Comprehension and
Communication in English state -to -state for English Language Learners 2.0 (ACCESS for ELL 2.0) as well as on a state mathematics assessment,
but may be exempt for up to one administration of the FSA ELA (writing and reading). These students' test scores are not included in the current
year's proficiency calculations for math and reading as a flexibility provision approved for Florida by the U.S. Department of Education. The ESEA 29
SPAR chart shows the number of recently arrived ELL students who are not included in the mathematics and reading proficiency calculations for
accountability purposes.
School
Grade 3
Grade 4
Grade 5
Grade 6
Grade 7
Grade 8
Grade 9
Grade 10
HS
District
Grade 3
Grade 4
Grade 5
Grade 6
Grade 7
Grade 8
Grade 9
Grade 10
HS
State Totals
Grade 3
Grade 4
Grade 5
Grade 6
Grade 7
Grade 8
Grade 9
Grade 10
HS
ELA
Math
2016-17
2016-17
98
N
93
97
87
91
ELA
Math
2016-17
2016-17
61
68
61
70
57
62
56
55
56
56
59
61
56
NA
53
NA
NA
45
ELA
Math
2016-17
2016-17
59
63
57
65
54
59
54
53
54
58
56
63
54
NA
51
NA
NA
48
FSA is only administered to Grades 3-8 for Math. HS results for Math include end -of -course assessment results in Algebra 1, Geometry and
Algebra 2.
*The 2016-17 FSAA-Datafolio does not have results yet as the standards have not been set. FSAA-Datafolio may be included on percent tested.
Percentage of Students Scoring at Each Statewide Assesment Achievement Level, 2016-17
SCIENCE & BIOLOGY 1 EOC
School %
District %
State %
ALL GRADES
L1
L2 L3 L4 L5
L1 L2 L3 L4 L5
L1 L2 L3 L4 LS
ALL STUDENTS
9
20 33 18 20
22 26 28 12 12
20 26 28 13 14
WHITE
#
# # # #
9 19 31 18 23
11 22 31 16 20
BLACK OR AFRICAN AMERICAN
#
# # # #
30 31 26 8 5
32 32 24 7 5
HISPANIC/LATINO
7
21 35 18 19
21 25 29 13 12
23 28 27 11 10
ASIAN
#
# # # #
8 15 28 15 34
8 15 26 18 33
NATIVE HAWAIIAN OR OTHER PACIFIC ISLANDER* N/A
N/A N/A N/A N/A
8 38 38 8 8
18 25 28 15 14
AMERICAN INDIAN OR ALASKA NATIVE
#
# # # #
12 18 24 24 20
20 28 28 12 13
TWO OR MORE RACES
N/A
N/A N/A N/A N/A
19 23 29 14 14
15 25 29 14 16
DISABLED
#
# # # #
46 29 17 6 3
46 30 17 5 3
ECO. DISADVANTAGED
18
27 36 # 18
25 28 28 10 9
26 30 26 10 8
ELL"
N/A
N/A N/A N/A N/A
43 31 18 5 3
46 31 16 4 3
MIGRANT'
N/A
N/A N/A N/A N/A
34 34 24 5 4
35 33 23 6 4
FEMALE
13
18 38 18 13
20 27 30 12 11
19 27 29 13 12
MALE
5
22 27 19 27
23 25 27 12 13
21 25 27 13 15
28
College Going
Racial/Ethnic Group Number of Standard Number of Graduates Enrolled in IHE" School District State
Diplomas Earned in within 16 Months of Earning a Regular %
°%
%
2011-2012 High School Diploma
WHITE
87
75
BLACK OR AFRICAN
78
74
AMERICAN
HISPANIC/LATINO
84
76
ASIAN
91
88
AMERICAN INDIAN OR
94
77
ALASKA NATIVE
NATIVE HAWAIIAN OR # # #
#
#
OTHER PACIFIC ISLANDER
OTHER
85
75
DISABLED
65
57
ECONOMICALLY
80
68
DISADVANTAGED
ELL
75
70
MIGRANT
81
60
FEMALE
85
79
MALE
80
71
UNKNOWN # # #
#
#
TOTAL
83
75
Note: N/A indicates no student membership for that subgroup, and # represents a population fewer than 10.
AOU91:4ZI J401910HT-1T:144
Florida Statewide, Standardized Assessments
The Florida Standards Assessments (FSA) measure students' mastery of the Florida Standards and are administered to students in grades 3-10 in
English language arts (ELA) and grades 3-8 in mathematics as well as in Algebra 1, Geometry, and Algebra 2. The end -of -course assessment in
Algebra 2 was administered for the last time in spring 2017. In science, Florida administers the Statewide Science Assessment in grades 5 and 8
and the Biology 1 End -of -Course (EOC) assessment, aligned to the Next Generation Sunshine State Standards (NGSSS). Florida also administers
socat studies EOC assessments in Civics and U.S. History.
Florida Standards Alternate Assessment (FSAA) for Students with Disabilities
The FSAA is designed for students whose participation in the general statewide assessment (FSA, Statewide Science Assessment and EOCs) is
not appropriate, even with accommodations. The FSAA measures student academic performance on the Florida Standards Access Points (FS-AP)
in language arts (reading, writing), mathematics and science. In these subject areas, it is administered in grades 3-10 in ELA, grades 3-8 in
Mathematics, Algebra 1, Geometry, grades 5 and 8 in Science and Biology 1. The FSAA program includes two assessment components to address
st.dents' needs, the FSAA—Performance Task and the FSAA—Datafolio. The FSAA—Performance Task was administered for the first time in
.2015-16, and the FSAA—Datafolio was administered for the first time in 2016-17. It replaces the Florida Alternate Assessment (FAA), which
measured the Next Generation Sunshine State Standards Access Points (NGSSS-AP) in language arts (reading, writing), mathematics and
science. Florida also administers the FSAA in Civics and U.S. History.
Accountability Assessment Results by Subject
Assessment results in the following tables reflect scores on FSA or NGSSS assessments. For mathematics and science, results include 1=0C
assessment results, as applicable. Results show satisfactory attainment for students who were in attendance during both semesters of the school
yea,.
English Language Arts, Mathematics and Science Assessments
Or. the FSA, students can attain one of five possible achievement levels, ranging from Level 1 (lowest) to Level 5 (highest), with scores at Level 3
or higher designated as satisfactory. On the FSAA--Performance Task assessments, students can attain one of four possible achievement levels,
ranging from Level 1 (lowest) to Level 4 (highest). Standard setting for the FSAA—Datafolio will occur in fall/winter 2017-18.
Assessment Results by Grade: Percent Scoring Satisfactory or Above
(FSA and EOCs)"
27
GRADUATION RATE AND DROPOUT RATE
Federal Uniform Graduation Rate
The graduation rate shows the percentage of students who graduated with a standard high school diploma within four years of initial entry into ninth
grade.
School % District % State %
2015-16 2014-15 2015-16 2014-15 2015-16 2014-15
ALL STUDENTS 80.4 78.1 80.7 77.9
WHITE
88.5
88.3
85.1
82.8
BLACK OR AFRICAN AMERICAN
73.8
70.4
72.3
68.0
HISPANIC/LATINO
81.4
79.2
79.5
76.7
ASIAN
91.8
91.0
91.9
90.9
NATIVE HAWAIIAN OR OTHER PACIFIC ISLANDER
84.7
82.6
AM.INDIAN OR ALASKA NATIVE
96.8
89.5
76.5
75.7
TWO OR MORE RACES
89.2
86.0
82.7
81.5
DISABLED
68.7
65.6
61.6
56.8
ECONOMICALLY DISADVANTAGED
78.1
75.3
74.4
70.4
ELL
62.2
61.6
62.0
59.5
MIGRANT
71.1
65.4
73.4
67.0
AT -RISK (Low 25)•
64.6
56.2
62.7
52.3
FEMALE 84.2 81.3 84.5 81.7
MALE 76.7 74.9 77.0 74.1
Note: An asterisk (') indicates a subgroup population fewer than ten. A blank cell indicates zero students in the subgroup.
At -risk students are students whose test scores entering high school qualify for inclusion in the lowest performing 25%.
High School Cohort Dropout Rate
Cohort Dropouts are students who have voluntarily removed themselves from the school system before graduation; students who have not met the
relevant attendance requirements of the school district or who were expected to attend a school but did not enter as expected for unknown
reasons; students who have withdrawn from school and have not transferred to another public or private school or enrolled in any career, adult, or
alternative educational program; students who have withdrawn from school due to hardship , unless such withdrawal has been granted under the
provisions of s. 329.091, F.S., court action, expulsion, medical reasons, or pregnancy; or students who are not eligible to attend school because of
reaching the maximum age for an exceptional student program in accordance with the district's policy.
Racial/Ethnic Group
WHITE
BLACK OR AFRICAN AMERICAN
HISPANIC/LATINO
ASIAN
NATIVE HAWAIIAN OR OTHER PACIFIC ISLANDER
AM.INDIAN OR ALASKA NATIVE
TWO OR MORE RACES
FEMALE
MALE
School %
District %
State %
2016-17 2015-16
2016-17 2015-16
2016-17 2016-16
N/A
0.0
3.8
0.0
3.3
0.0
N/A
0.0
7.8
0.0
5.2
0.0
N/A
0.0
5.4
0.0
4.3
0.0
N/A
0.0
2.2
0.0
0.9
0.0
NIA
0.0
#
0.0
2.2
0.0
NIA
0.0
12.0
0.0
5.4
0.0
N/A
0.0
6.6
0.0
4.0
0.0
N/A
0.0
4.2
0.0
2.6
0.0
N/A
0.0
7.2
0.0
4.1
0.0
TOTAL N/A 0.0 5.7 0.0 4.0 0.0
Note: N/A indicates no student membership for that subgroup, and # represents a population fewer than 10.
POSTSECONDARY FOLLOW-UP DATA
Shown in the tables are the reported numbers of 2011-12 (calendar year) graduates who enrolled in institutions of higher education (IHE) which 26
include public community colleges or universities within 16 months of high school graduation.
SOMERSETACAUENlY ELEM SC:H001. (S MIAMI CAMPUS)
G. R ADC 7: K\-5
SCHOOL, DISTRICT, AND STATE PUBLIC ACCOUNTABILITY
REPORT
OCTOBER MEMBERSHIP
GRADUATION RATE AND DROPOUT RATE
POSTSECONDARY FOLLOW-UP DATA
STUDENT PERFORMANCE
NATIONAL ASSESSMENT OF EDUCATIONAL PROGRESS (NAEP)
INTERNATIONAL SURVEYS
TEACHERS AND STAFF
FLORIDA SCHOOL PERFORMANCE GRADE
OCTOBER MEMBERSHIP
The following table provides information on the composition of the student population at the school, district, and state levels.
Racial/Ethnic Group Number of Students
School %
District
%
State %
Enrolled In October
Female Male
2016-17 2015-16
2016-17
2015-16 2016-17
2015-16
WHITE 15
6.0 9.4
7.1
7.3
38.7
39.5
BLACK OR AFRICAN AMERICAN
" "
21.1
21.9
22.3
22.5
HISPANIC/LATINO 176 188
91.0 88.1
70.1
69.1
32.4
31.5
ASIAN
1.1
1.1
2.7
2.6
NATIVE HAWAIIAN OR OTHER PACIFIC
0.2
0.2
ISLANDER
AMERICAN INDIAN OR ALASKA NATIVE "
« *
0.1
0.1
0.3
0.3
TWO OR MORE RACES
0.6
0.6
3.4
3.4
CISABLED «
*
9.9
9.7
13.4
13.1
ECONOMICALLY DISADVANTAGED"' 34 32
16.5 18.3
70.8
72.0
58.1
58.8
ELL *
3.0 4.2
29.2
28.9
13.4
13.0
MIGRANT
0.3
0.3
0.5
0.5
F =MALE
VALE
193 48.3 49.4 48.8 48.8 48.7 48.7
207 51.8 50.6 51.2 51.2 51.4 51.4
TOTAL 400 100.0 100.0 100.0 100.0 100.0 100.0
mote: An asterisk (") indicates a subgroup population fewer than ten. A blank cell indicates zero students in the subgroup.
- NOTE: Economically disadvantaged calculations in this report do not reflect the USDA multiplier for eligible'Community Eligibility
Provision (CEP) schools. More information about the Community Eligibility Provision can be found at the United States Department of
Agriculture website: http://www.fns usda.gov/school-meals/community-eligibility-provision.
n_tp://www.fns.usda.gov/school-meals/community-eligibility-provision-status-school-districts-and-schools-state.
A list of CEP eligible schools is located at
n, ip://www.fns.usda.gov/school-mealslcommunity-eligibility-provision-status-school-districts-and-schools-state.
&;hoot and district lunch reports with the CEP multiplier applied, if applicable, are located at
h .p:/lwww.fldoe.org/accountability/data-sys/edu-info-accountability-services/pk-l2-public-school-data-pubs-reports/students.stml
25