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HomeMy WebLinkAboutExhibit 9-24-09MEMORANDUM OF UNDERSTANDING AMONG SOUTH FLORIDA WORKFORCE INVESTMENT BOARD AND CITY OF MIAMI AND MIAMI DARE COLLEGE THIS Memorandum of Understanding (hereinafter sometimes referred to as "MOU") is entered into on the _th day of , 2009, by and between CITY OF MIAMI, a municipal corporation of the State of Florida, whose address is 444 S.W. 2nd Avenue, 101' Floor, Miami, Florida 33130 (hereinafter the "City"), SOUTH FLORIDA WORKFORCE INVESTMENT BOARD, a government agency, whose address is 7300 Corporate Center Drive, Suite 500, Miami, Florida 33126 (hereinafter "SFWIB") and MIAMI DADE COLLEGE, a State of Florida public educational institution, whose address is 300 N.E. 2nd Avenue, Miami, Florida, (hereinafter "MDC"), all of whom are collectively referred to herein as "the Parties". WITNESSETH: WHEREAS, the 2009 unemployment rate according to the U.S. Labor Department for the City of Miami and surrounding areas was over 8% as of March 2009; WHEREAS, the City, MDC and SFWIB agree that proactive steps are required to counter this lagging employment indicator and alleviate the hardship experienced by many area residents; and WHEREAS, the SFWIB provides workforce development services in Region 23, which is comprised of Miami -Dade and Monroe Counties, and WHEREAS, the SFWIB's delivery of services is enhanced through the integration of available resources, coordination of services through effective linkages and partnerships with the business community; and the sharing of information and referrals that may lead to successful employment and self sufficiency for clients, and WHEREAS, CITY is a local government that seeks to promote growth of green jobs and businesses in the community, and WHEREAS, MDC is a public educational institution that seeks to provide to the business community access to training services and maintain a training referral process, delivery system, and feedback procedure, and WHEREAS, the City, MDC and SFWIB agree to partner for the creation of green job training (as set forth herein and on Exhibit "A" attached.) educational programs facilitated at both MDC campuses and the Miami Green Lab, a project of the City; WHEREAS, MDC will develop curriculums for the green job training educational programs that shall focus on strategies to upgrade the skills of workers to compete in today's economy. Courses offered will be effective for both entry level individuals and professionals. MDC will award students Page 1 of 8 who have completed the course with either CEUs (continuing education units) and/or an industry recognized certificate; WHEREAS, the City will allocate the available space designated by the City for workshops and job training at the completed site of the Miami Green Lab, which will act as a laboratory and will assist students to learn the skills necessary to more fully participate in today's economy; WHEREAS, the City, MDC and SFWIB will work together to identify funding opportunities for job training educational programs and will partner on grant applications; WHEREAS, this proposed project partnership is also contingent upon ratification, consent and approval, as applicable, by the City Commission for the City; SFWIB Executive Director and Board of Trustees of MDC or its authorized designee; NOW THEREFORE, in consideration of the mutual terms, conditions, promises, and covenants hereinafter set forth, SFWIB, CITY, and MDC agree as follows: RECITALS I. PURPOSE: The purpose of this MOU is to establish an agreement among the above-mentioned entities, the City, SFWIB, and MDC, concerning their respective roles and responsibilities for the delivery of green jobs training programs to the South Florida community. The Parties to this MOU shall coordinate and perform the activities and services described herein within the scope of the Parties' respective programs, services, and agencies. II. INTRODUCTION: In response to the increasing needs of South Florida businesses and workforce, the SFWIB, in partnership with MDC and the City, is launching a new green job training programs for residents in the City of Miami and Miami Dade County which are financed through the SFWIB, MDC and the City, as such funding may be allocated and made available in its budget. III. SCOPE OF WORK The City, SFWIB, and MDC, agree to provide services in accordance with Exhibit A, Scope of Work, attached hereto and incorporated herein by reference hereto as if fully set forth herein. Any modifications to the Scope of Work shall only be valid when they have been reduced to writing, duly approved and signed by an authorized official of all the Parties. IV. PERIOD OF PERFORMANCE The term of this MOU shall be from for a period of three years after execution as indicated above, expiring on the _th day of , 2012 (unless earlier terminated as provided in VIII of this MOU). V. NON-DISCRIMINATION AND EQUAL OPPORTUNITY Page 2 of 8 As a condition to the award of financial assistance from the Department of Labor under Title 1 of WIA, SFWIB, MDC and the City assures that all Parties will comply fully with the nondiscrimination and equal opportunity provisions of the following laws: A. Section 188 of the Workforce Investment Act of 1998 (WIA), which prohibits discrimination against all individuals in the United States on the basis of race, color, religion, sex, national origin, age, disability, political affiliation or belief, and against beneficiaries on the basis of either citizenship/status as a lawfully admitted immigrant authorized to work in the United States or participation in any WIA Title I — financially assisted program or activity; B. Title VI of the Civil Rights Act of 1964, as amended, which prohibits discrimination on the basis of race, color, or national origin; C. Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits discrimination against qualified individuals with disabilities; D. The Age Discrimination Act of 1975, as amended, which prohibits discrimination on the basis of age; and E. Title IX of the Education Amendments of 1972, as amended, which prohibits discrimination on the basis of sex in educational programs. All Parties also assure that they will comply with 29 CFR Part 37 and all other regulations implementing the laws listed above. This assurance applies to SFWIB's, MDC's and the City's operation of the WIA Title I — financially assisted program or activity, and to all agreements SFWIB, MDC and the City make to carry out the WIA Title I - financially assisted program or activity. SFWIB, MDC, and the City understand that the United States has the right to seek judicial enforcement of this assurance. VI. CONFIDENTIALITY To the extent allowed by Florida law, the Parties to this MOU agree to comply with the provisions of the WIA and applicable sections of the Rehabilitation Act and any other applicable statutes or requirements to assure the following: A. All applicants and individual records relating to services provided under this MOU, including eligibility for services, enrollment, and referral shall be confidential and shall not be open to examination for any purpose not directly connected with the delivery of such services. B. No party will publish, disclose or use, or permit or cause to be published, disclosed or used, any confidential information pertaining to applicants, participants, or customers overall. C. The Parties agree to abide by the current confidentiality provisions of the applicable federal and state statutes and regulations and shall share information necessary for the administration of the program. The Parties therefore agree to share client information necessary for provision of services under WIA, i.e., assessment, universal intake; program Page 3 of 8 or training referral; job development or placement activities; and other services as needed for employment or program support purposes. VII. INDEMNIFICATION 1. For Florida Governmental Entities. The SFWIB shall indemnify, defend, and hold harmless the MDC and the City and their respective officers, employees, agents, servants, agencies and instrumentalities from any and all liability, losses or damages, including attorneys' fees and costs of defense, which MDC and the City and their respective officers, employees, agents, servants, agencies or instrumentalities may incur as a result of any and all claims, demands, suits, causes of action or proceedings of any kind or nature arising out of, relating to or resulting from the performance of this Agreement by the SFWIB or the SFWIB's officers, employees, agents, servants, partners, principals or subcontractors. The SFWIB shall pay all claims and losses of any kind in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the MDC and the City, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees that may issue thereon. Provided, however, this indemnification shall only be to the extent and within the limitations of Section 768.28 Florida Statutes, subject to the provisions of that statute whereby the SFWIB shall not be held liable to pay a personal injury or property damage claim or judgment by any one person which exceeds the sum of $100,000, or any claim or judgment or portions thereof, which, when totaled with all other claims or judgments paid by the SFWIB arising out of the same incident or occurrence, exceed the sum of $200,000 from any and all personal injury or property damage claims, liabilities, losses or causes of action that may arise as a result of the negligence of the SFWIB or the SFWIB's officers, employees, servants, agents, partners, principals or subcontractors. 2. For Florida Governmental Entities. The MDC shall indemnify, defend, and hold harmless the SFWIB and the City and their respective officers, employees, agents, servants, agencies and instrumentalities from any and all liability, losses or damages, including attorneys' fees and costs of defense, which the SFWIB and the City and their respective officers, employees, agents, servants, agencies or instrumentalities may incur as a result of any and all claims, demands, suits, causes of action or proceedings of any kind or nature arising out of, relating to or resulting from the performance of this Contract by the MDC or the MDC's officers, employees, agents, servants, partners, principals or subcontractors. The MDC shall pay all claims and losses of any kind in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the SFWIB and the City, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may issue thereon. Provided, however, this indemnification shall only be to the extent and within the limitations of Section 768.28 Florida Statutes, subject to the provisions of that statute whereby the MDC shall not be held liable to pay a personal injury or property damage claim or judgment by any one person which exceeds the sum of $100,000, or any claim or judgment or portions thereof, which, when totaled with all other claims or judgments paid by the MDC arising out of the, same incident or occurrence, exceed the sum of $200,000 from any and all personal injury or property damage claims, liabilities, losses or causes of action which may arise as a result of the negligence of the MDC or the MDC's officers, employees, servants, agents, partners, principals or subcontractors. Page 4 of 8 3. For Florida Governmental Entities. The City shall indemnify, defend, and hold harmless the SFWIB and the MDC and their respective officers, employees, agents, servants, agencies and instrumentalities from any and all liability, losses or damages, including attorneys' fees and costs of defense, which the SFWIB and the MDC and their respective officers, employees, agents, servants, agencies or instrumentalities may incur as a result of any and claims, demands, suits, causes of action or proceedings for personal injury and wrongful death arising out of, relating to or resulting from the negligent performance of this Contract by the City or the City's officers, employees, agents, or servants,. The City shall pay all claims and losses of any kind in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the SFWIB and the MDC, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may issue thereon. Provided, however, this indemnification shall only be to the extent and within the limitations of Section 768.28 Florida Statutes, subject to the provisions of that statute whereby the City shall not be held liable to pay a personal injury or property damage claim or judgment by any one person which exceeds the sum of $100,000, or any claim or judgment or portions thereof, which, when totaled with all other claims or judgments paid by the City arising out of the same incident or occurrence, exceed the sum of $200,000 from any and all personal injury or property damage claims, liabilities, losses or causes of action which may arise as a result of the negligence of the City or the City's officers, employees, servants, agents, partners, principals or subcontractors. This indemnity section shall only apply to tort claims for personal injury and wrongful death to the extent that the City is responsible under § 768.28, Fla. Stat. due to its negligence as provided herein. 4. Tenn of Indemnification. The provisions of this indemnification shall survive the expiration of this Memorandum of Understanding and shall terminate upon the expiration of the applicable statute of limitation. VIII. TERMINATION This MOU may be terminated without cause by any party hereto upon providing thirty (30) days prior written notice to the other Parties. Page 5 of 8 IX. NOTICE It is understood and agreed among the Parties that written notice shall be mailed or delivered to the addresses set forth below and shall constitute sufficient written notice. The Parties designate the following: For South Florida Workforce Investment Board: Rick Beasley, Executive Director South Florida Workforce Investment Board Airport Corporate Center 7300 Corporate Center Drive, Suite 500 Miami, Florida 33126-1234 For City of Miami: Pedro G. Hernandez, City Manager City of Miami 3500 Pan American Drive Miami, FL 33133-5595 For Miami Dade College: Dr. Rolando Montoya, College Provost 300 NE 2 Avenue Miami, FL 33132-2204 /:�1015107u1Wml Any alterations, amendments, variations, modifications, extensions or waivers of provisions of this MOU shall only be valid when they have been reduced to writing, duly approved and signed by all Parties hereto. XI. AUTONOMY SFWIB, MDC, and the City agree that this MOU does not create or recognize any partnership, joint venture, or any other kind of organizational relationship other than herein set forth among the Parties hereto. All Parties hereto acknowledge the independence and autonomy of all Parties hereto. The affiliation set forth herein is required by federal law and all Parties hereto remain, at all times, independent contractors, and not partners, under state law. It is expressly understood, agreed and intended that the City and MDC are not a grant recipient of any funds from the SFWIB and are not partners, joint venture participants, agencies or instrumentalities of any kind of the SFWIB. Furthermore, MDC's, and the City's officers, agents, servants, employees, contractors and sub -contractors are not officers, agents, servants or employees of the SFWIB or any of SFWIB's agencies or instrumentalities. These same provisions apply to each Parties employees and officials who are independent contractors as to each other, and no employee or official parry is entitled to worker's compensation, pension, disability, or any other benefit or stipend from any other Party to this Agreement. XII. PRIOR AGREEMENTS This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein and the Parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Page 6 of 8 Agreement that are not contained in this document. Accordingly, the Parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. XIII. GRIEVANCE PROCEDURES The Parties agree to comply with all applicable grievance procedures of the SFWIB and as required by State and federal law. XIV. CERTIFICATION: By signing this Agreement, the Parties hereto agree that the provisions contained herein are subject to all applicable, Federal, State and local laws, regulations and guidelines relating to nondiscrimination, equal opportunity, displacement, privacy rights of participants, and maintenance of records and other confidential information relating to business employers and employees. INTENTIONALLY BLANK Page 7 of 8 INWITNESS HEREOF THE PARTIES HERETO HAVE CAUSED TO BE EXECUTED BELOW THE SIGNATURES OF THE AUTHORIZED REPRESENTATIVES OF THE PARTIES HERETO WHO ARE FULLY AND DULY AUTHORIZED TO EXECUTE THIS AGREEMENT ON BEHALF OF THE RESPECTIVE PARTIES HERETO: M. M. CITY OF MIAMI Pedro G. Hernandez Date CITY MANAGER Attest Priscilla H. Thompson Date CITY CLERK Approved as to Legal Form Julie O. Bru CITY ATTORNEY MIAMI DADE COLLEGE Date Dr. Rolando Montoya Date College Provost SOUTH FLORIDA WORKFORCE INVESTMENT BOARD Rick Beasley Date Executive Director South Florida Workforce Investment Board Page 8 of 8