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COOPERATIVE AGREEMENT
BETWEEN
CITY OF MIAMI,
THE SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA
AND
THE FLORIDA DEPARTMENT OF EDUCATION,
This Cooperative Agreement, hereinafter referred to as Agreement, entered into this
day of February, 2008 by and between the City of Miami, a municipal corporation of the
State of Florida, hereinafter referred to as CITY, The School Board of Miami -Dade County,
Florida, hereinafter referred to as Miami -Dade County Public Schools (M-DCPS); and the
Florida Department of Education, Division of Vocational Rehabilitation, Area VI Office,
hereinafter referred to as (VR), collectively hereinafter referred to as (Parties).
WHEREAS, the Parties wish to establish cooperative efforts on behalf of all parties in
providing students with disabilities between the ages of 18-22 an appropriate education,
vocational experiences and social connections in a work -appropriate setting; and
WHEREAS, this Agreement provides for compliance with federal, state and local laws
and regulations applying to the provision of educational programs and related services for
students with disabilities.
NOW THEREFORE, in consideration of mutual covenants herein contained and other
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good and valuable consideration, the receipt of which is hereby acknowledged, the parties
agree as follows:
1. The effective term of this Agreement, hereinafter referred to as Agreement, is from
, 2008, through , 2010.
2. This Agreement may be extended in writing by mutual consent of the parties, for two (2)
periods of two (2) years, at least sixty (60) days prior to its expiration.
3. The parties agree that this Agreement shall be reviewed upon the completion of the
initial term and amended as needed. This Agreement may be cancelled by any of the
parties for any reason, only upon the completion of the initial term. This Agreement may
only be modified or amended by mutual consent of the parties in writing.
4. Overall on -site implementation and monitoring of this Agreement shall be carried out
through cooperative efforts of the Parties administrative staffs.
5. It is understood by the Parties that all personnel provided by M-DCPS, and VR are
subject to the rules and policies of CITY as stated below:
(a) All CITY property, including keys, parking permits and identification cards issued to
all M-DCPS, and VR employees must be returned to the CITY upon termination of this
agreement.
(b) M-DCPS and VR employees and students are subject to all evacuation policies and
procedures.
(c) MDCPS and VR employees are subject to all parking rules and regulations.
(d) All MDCPS and VR employees must sign in at the security desk of the City's facility
on weekends, holidays, and when the City's facility is otherwise closed.
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6. Facilities and Support Services
With reference to program Facilities and Support Services, the parties shall agree to the
following:
(a) CITY shall:
i. Provide classroom space(with white board or chalk board, small tables to be used as
student work areas. chairs, locked cabinet for student files, and computer
connections), and separate Instructor space, if possible (with telephone, fax,
photocopy equipment, supplies, computer and email access).
ii. Provide work space, telephone, fax, photocopy equipment, supplies, computer and
email access to Project SEARCH Staff (classroom instructor, job coaches, etc.).
iii. Provide a liaison that is available on a frequent basis to assist with job site
development, to introduce Project SEARCH staff to City of Miami staff, to market the
program internally and externally, to attend periodic meetings to discuss and evaluate
program progress, and to work with the Instructor to reinforce workplace rules.
iv. To the maximum extent possible, develop a minimum of 12 -15 work sites and provide
a point of contact at each site for the purpose of teaching competitive, marketable
skills to the program participants and provide direction, feedback and evaluation to
students during their work site rotations. Facilitate job analysis of those sites for the
Project SEARCH staff.
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v. Provide access to hiring opportunities if a Project SEARCH participant is appropriate
for an internal job opening.
vi. Provide badges and parking access for Project SEARCH staff.
vii. Provide space for Open Houses and other Project SEARCH events.
viii. Provide assistance to the Project SEARCH staff, including marketing materials and
public relations expertise.
ix. Provide internal marketing to City personnel about Project SEARCH.
x. Be an active participant in the Project SEARCH Steering Committee and evaluate
program progress.
xi. Provide education and training to City employees regarding supporting people with
disabilities in the workplace as necessary.
xii. Provide a minimum of one (1) Job Coach, for every four (4) students enrolled in the
program, to work with students on work sites throughout the City of Miami.
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xiii. Assist with performing job/task analyses of the student work sites.
xiv. Assist with student recruitment activities.
xv. Provide expertise in adaptations and accommodations, and implement as necessary.
xvi. Work with VR to assist with obtaining adaptations and accommodations as necessary,
and to help secure funding for job coaching and job development.
(b) M-DCPS shall:
i. Provide a Special Education Instructor with Transition experience to coordinate/teach
the program, and provide one Aide to work with students at work sites throughout the
City of Miami.
ii. Develop and provide curriculum and instructional materials that encompass functional
academics, transition, job development and job readiness. Project SEARCH
Curriculum already approved by the Ohio Department of Education can be used (and
adapted for use in Miami).
iii. Assist City staff on development of worksites, create job and task analysis and identify
appropriate accommodations.
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iv. Facilitate student recruitment activities.
v. Provide transportation to the Miami Riverside Center for the Project SEARCH program.
vi. Provide expertise in adaptations and accommodations, and implement as necessary.
vii. Provide student liability insurance.
viii. Provide additional support for students, as indicated in the Individual Education Plan
(IEP), such as Interpreter service, Speech or Occupational Therapy, transportation,
etc.
ix. Coordinate regular meetings to discuss and evaluate program progress.
x. Collect data on student outcomes and report to all partners. Parties understand and
agree that they are subject to all federal and state laws and School Board rules
relating to the confidentiality of student information. Parties further agree to comply
with the Family Educational Rights and Privacy Act ("FERPA"). Parties shall regard all
student information as confidential and will not disclose the student information to any
third party.
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xi. Liaison with Cincinnati Project SEARCH for technical assistance, data collection and
other issues related to model integrity
xii. Be an active participant in the Project SEARCH Steering Committee and evaluate
program progress.
xiii. Assist with public relation activities to promote the Miami Project SEARCH program.
(c) VR shall:
i. Provide funding support for eligible transition aged youth to participate in City of
Miami Project SEARCH.
ii. Provide expertise and assistance in adaptations and job accommodations.
iii. Apply eligibility criteria .
iv. Attend Steering Committee meetings to discuss and evaluate program progress.
v. Assist with public relations to promote City of Miami Project SEARCH.
7. Indemnification
With reference to liability, the parties agree to the following:
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(a) CITY does hereby agree to indemnify and save harmless M-DCPS and VR to the
extent of the limitations included within Florida Statutes, Section 768.28, for any
and all personal injury or property damage claims, liability, losses and causes of
action, judgments and attorneys' fees which may arise out of the negligent
performance or non-performance of the stipulations of this Agreement. However,
nothing herein shall be deemed to indemnify M-DCPS and VR for any liability or
claims arising out of the negligent performance or failure of performance of M-
DCPS or as a result of the negligence of any unrelated third party.
(b) M-DCPS does hereby agree to indemnify and save harmless CITY and VR to the
extent of the limitations included within Florida Statutes, Section 768.28, for any
and all personal injury or property damages claims, liability, losses and causes of
action, judgments and attorneys' fees which may arise out of the negligent
performance or non-performance of the stipulations of this contract. However,
nothing herein shall be deemed to indemnify CITY and VR for any liability or claims
arising out of the negligent performance or failure of performance of CITY or as a
result of the negligence of any unrelated third party.
(c) VR does hereby agree to indemnify and save harmless CITY and M-DCPS to the
extent of the limitations included within Florida Statutes, Section 768.28, for any
and all personal injury or property damages claims, liability, losses and causes of
action, judgments and attorneys' fees which may arise out of the negligent
performance or non-performance of the stipulations of this contract. However,
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nothing herein shall be deemed to indemnify CITY and M-DCPS for any liability or
claims arising out of the negligent performance or failure of performance of CITY or
M-DCPS as a result of the negligence of any unrelated third party.
8. Conflict of Interest
The Parties are aware of the conflict of interest laws of the City of Miami (Code of the
City of Miami, Florida, Chapter 2, Article V), of Miami -Dade County, Florida (Code of
Miami -Dade County, Florida, Section 2-11.1), and of the State of Florida (as set forth
in Florida Statutes) and agree that they will fully comply in all respects with the terms
thereof and any future amendments.
9. Emergency Response Plan
CITY shall provide the School Board with a copy of its emergency response plan to be
implemented in the event of a natural disaster or loss of power in order to ensure the
continuation of educational services to M-DCPS students. All CITY contact numbers
should be updated and given to the School Board at the beginning of the school year.
10. Confidentially of Student Records
The Parties understand and agree that they are subject to all School Board rules
relating to the confidentiality of student records. The Parties acknowledge and agree to
comply with the Family Educational Rights and Privacy Act ("FERPA") and all state and
federal laws relating to the confidentiality of student records.
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11. Background Screening Requirements
(a). If applicable and In accordance with Sections 984.01(2)(a), 985.01(2)(a), and
39.001, Florida Statutes, only employees, volunteers and subcontracted personnel
with a satisfactory background check through a screening agency may work in
direct contact with children under the age of eighteen. Background screenings
must be completed through the Florida Department of of Law Enforcement (FDLE),
VECHS Program, phone number: 850-410-8324. However, satisfactory
background screening documentation will be accepted for those agencies that
already conduct business with either the Department of Children and Families
(DCF) or the Department of Juvenile Justice (DJJ) (Please note that DCF or DJJ
will only process background screenings for those agencies/projects that are
directly funded by DCF or DJJ). In addition, an Affidavit of Good Moral Character
must be completed and notarized for each employee, volunteer and subcontracted
personnel upon hiring.
(b). M-DCPS and VR as applicable, shall provide the CITY with a copy of its policy
regarding employee background screening within ten (10) days of execution of this
agreement.
(c). M-DCPS and VR, as applicable, shall retain all records demonstrating compliance
with the background screening required herein for not less than three years
beyond the last date that all applicable terms of this agreement and/or the related
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not -for -profit agreement have been complied with and final payment has been
received and appropriate audits have been submitted to and accepted by the
appropriate entity.
12. Iniury
M-DCPS and VR shall complete an incident report in the event of any serious bodily
injury to anyone within the scope of this agreement or arising out of the performance
of this agreement. VR and M-DCPS shall provide written notification of the incident
together with a copy of the incident report to the CITY within three (3) working days.
VR and M-DCPS shall provide written notification to the CITY, within seven (7) days,
if any legal action is filed as a result of such an injury.
13. Sexual harassment
M-DCPS and VR shall submit an incident report in the event a client or employee
makes an allegation of sexual harassment, sexual misconduct or sexual assault by,
as applicable, a VR and M-DCPS employee and VR and M-DCPS has knowledge
thereof. VR and M-DCPS shall provide written notification to the CITYwithin three (3)
working days if such an allegation is made. VR and M-DCPS shall provide written
notification to the CITY, within seven (7) days, if any legal action is filed as a result of
such an alleged incident.
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14. Access to records: audit
The Parties shall provide access to all of their records which relate to this agreement
at its place of business during regular business hours. The Parties agree to provide
such assistance as may be necessary to facilitate their review or audit .
15. Compliance with School Code
(a) The Parties agree to comply with all sections of the Florida K-20 Education Code.
Title XLVIII, Florida Statutes as it presently exists, and further as it may be
amended from time to time. Further the Parties agree that failure to comply with the
Florida K20 Education Code shall constitute a material breach of this agreement
and may result in the termination of this agreement by the Parties.
(b). M-DCPS and VR agree to conduct general drug screening on all applicants for
instructional and non -instructional positions within the agency, including contracted
personnel, in the matter set forth in School Board Rule 6Gx13-4-1.05. A negative
screening result shall be required for employment. The cost of the drug screening
will be borne by the respective entity or the employee.
(c). This Agreement shall be construed in accordance with the laws of the State of
Florida. Any dispute with respect to this agreement is subject to the laws of
Florida, venue in Miami -Dade County. Each party shall be responsible for its own
attorney's fees and costs incurred as a result of any action proceeding under this
contract.
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IN WITNESS, WHEREOF, the Parties have caused this AGREEMENT to be executed
by their respective and duly authorized officers the day and year first above written.
THE SCHOOL BOARD OF MIAMI-DADE
COUNTY, FLORIDA
By:
Superintendent of Schools
or Designee
APPROVED AS TO FORM:
By:
Attorney for School Board
REVIEWED AND APPROVED
By:
Risk Management
ATTEST: VR, an agency of the State of Florida
By:
Print Name: Print Name:
Title: Corporate Secretary Title:
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CITY OF MIAMI, a municipal
ATTEST: corporation
By:
Priscilla Thompson Pedro G. Hernandez
City Clerk City Manager
APPROVED AS TO FORM AND APPROVED AS TO INSURANCE
CORRECTNESS: REQUIREMENTS:
MARIA J. CHIARO
INTERIM CITY ATTORNEY Risk Management
LeeAnn Brehm, Director
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