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HomeMy WebLinkAboutExhibit 1COOPERATIVE AGREEMENT BETWEEN CITY OF MIAMI, THE SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA,-THE FLORIDA DEPARTMENT OF EDUCATION, DIVISION OF VOCATIONAL REHABILITATION, AND MACTOWN This Cooperative Agreement, hereinafter referred to as (Agreement), entered into this 1st day of July 2011, 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); the Florida Department of Education, Division of Vocational Rehabilitation, Area VI Office, hereinafter referred to as (VR), and MACTown, herein, referred to as (MACT), collectively hereinafter referred to as (PARTIES). WHEREAS, 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 good and valuable consideration, the receipt of which is hereby acknowledged, PARTIES agree as follows: 1. PARTIES intend for this Agreement to form the basis of the implementation 1 .<(.( i /1-17r of Project SEARCH Miami. Project SEARCH Miami is defined as a unique business -led transition program designed for students with disabilities pursuing a Special Diploma. It is targeted for students whose main goal is employment and will benefit from career exploration. The cornerstone of the one school -year program is immersion into local government in the City of Miami Administration. The students learn employability and job skills while participating in a variety of worksite rotations which may lead to competitive employment. Individualized job development and placement occurs based on the student's experiences, strengths, and skills. Students are given support with accommodations, adaptations, and on-the-job coaching. 2. The effective term of this Agreement is from July 1, 2011 through and including June 30, 2012. Upon expiration of the initial term of this Agreement, the Agreement shall automatically renew for additional one-year periods ending June 30, 2014. 3. This Agreement may be terminated by any of the PARTIES at any time by giving the other PARTIES notice in writing at least sixty (60) days prior to the intended termination date. In the event of an issue involving health, safety or welfare of the students, M-DCPS may terminate the Agreement immediately. 4. PARTIES agree that this Agreement shall be reviewed upon the completion of the initial term and amended as needed. This Agreement may only be modified or amended by mutual consent of the PARTIES in writing. 5. Overall on -site implementation and monitoring of this Agreement shall be carried out through cooperative efforts of the PARTIES administrative staffs. 6. It is understood by PARTIES that all personnel provided by M-DCPS, VR, and MACT 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, VR, and. MACT employees must be returned to CITY upon termination of this Agreement. 2 (b) M-DCPS VR, and MACT employees and students are subject to all evacuation policies and procedures. (c) MDCPS VR, and MACT employees are subject to all parking rules and regulations. (d) All MDCPS VR, and MACT employees must sign in at the security desk of CITY'S facility on weekends, holidays, and when CITY'S facility is otherwise closed. 7. Facilities and Support Services With reference to program Facilities and Support Services, Parties agree to the following: (a) CITY shall: 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 Miami 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 Miami staff to CITY 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 3 and provide direction, feedback and evaluation to students during their work site rotations. Facilitate job analysis of those sites for the Project SEARCH Miami staff. v. Provide access to hiring opportunities if a Project SEARCH Miami participant is appropriate for an internal job opening. vi. Provide badges and parking access for Project SEARCH Miami staff. vii. Provide space for Open Houses and other Project SEARCH Miami events. viii. Provide assistance to the Project SEARCH Miami staff, including marketing materials and public relations expertise. ix. Provide internal marketing to CITY personnel about Project SEARCH Miami. x. Be an active participant in the Project SEARCH Miami Advisory Committee and evaluate program progress. xi. Provide education and training to CITY employees regarding supporting people with disabilities in the workplace as necessary. xii. Assist with job coaching/development services for students enrolled in the program. xiii. Assist with performing job/task analyses of the student work sites. xiv. Assist with student recruitment activities. xv. Assist with the programmatic and/or space adaptations, accommodations, and implement as necessary. (b) M-DCPS shall: 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. 4 ii. Develop and provide curriculum and instructional materials that encompass functional academics, transition, job development and job readiness. Project SEARCH Miami 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. iv. To the maximum extent possible, provide 12 qualified students for the program. Provide as many student recruitment opportunities, as possible to reach the full enrollment of the program. v. Provide expertise in adaptations and accommodations, and implement as necessary. vi. Provide additional support for students, as indicated in the Individual Education Plan (IEP), such as Interpreter service, Speech or Occupational Therapy, transportation, etc. vii. Coordinate regular meetings to discuss and evaluate program progress. viii. Collect data on student outcomes and report to all partners. ix. Liaison with Cincinnati Project SEARCH Miami for technical assistance, data collection and other issues related to model integrity x. Be an active participant in the Project SEARCH Miami Advisory Committee and evaluate program progress. xi. Assist with public relation activities to promote the Miami Project SEARCH Miami program. (c) VR shall: 5 i. Provide funding support for eligible transition aged youth to participate in Project SEARCH Miami. ii. Provide expertise and assistance in adaptations and job accommodations. iii. Attend Advisory Committee meetings to discuss and evaluate program progress. iv. Assist with public relations to promote Project SEARCH Miami. (d) MACT shall: i. Provide ongoing job development services to Project SEARCH Miami students and alumni with disabilities which include staff consultation, student screening, job matching, job development, job placement, follow up support, record keeping, and job coach travel. ii. Provide services by a qualified job coach who locates the job, places and trains the supported employee, and provide ongoing follow-up services. iii. To the maximum extent possible, secure employment for no less that 80% of the participants enrolled in Project SEARCH Miami each year. 8. Indemnification With reference to liability, PARTIES agree to the following: (a) CITY does hereby agree to indemnify and save harmless M-DCPS VR, and MACT 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, VR, and MACT for any liability or claims arising out of the negligent performance or failure of performance of M-DCPS, VR, or MACT or as a result of 6 the negligence of any unrelated third party. (b) M-DCPS does hereby agree to indemnify and save harmless CITY, VR, and MACT 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 CITY, VR, and MACT for any liability or claims arising out of the negligent performance or failure of performance of CITY,VR or MACT as a result of the negligence of any unrelated third party. (c) VR does hereby agree to indemnify and save harmless CITY, M-DCPS or MACT 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 Agreement. Nothing in this section is intended to alter or waive VR's entitlement to a defense of sovereign immunity, or to extend the liability of VR to beyond the limits established in section 768.28, Florida Statutes, as amended, except as otherwise provided by law and nothing herein shall be construed as consent by VR to be sued by third Parties regarding this Agreement. The obligations set forth in this section shall survive termination of this Agreement. However, nothing herein shall be deemed to indemnify CITY, M-DCPS, or MACT for any liability or claims arising out of the negligent performance or failure of performance of CITY, M-DCPS or MACT or as a result of the negligence of any unrelated third party. (d) MACT does hereby agree to indemnify and save harmless CITY, M-DCPS or 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- 7 performance of the stipulations of this Agreement. However, nothing herein shall be deemed to indemnify CITY, M-DCPS or VR for any liability or claims arising out of the negligent performance or failure of performance of CITY, M-DCPS or VR or as a result of the negligence of any unrelated third party. 9. No Third Party Beneficiaries PARTIES expressly acknowledge that it is not their intent to create or confer any rights or obligations in or upon any third person or entity under this Agreement. Nothing herein shall be construed as consent by an agency or political subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. 10. Conflict of Interest PARTIES are aware of the conflict of interest laws of the CITY (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. 11. Governing Law & Venue 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 is 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 Agreement. 12. Emergency Response Plan CITY and VR shall provide M-DCPS with a copy of their 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 and VR contact numbers should be updated and given to M-DCPS at the beginning of the school year. 13. Confidentiality of Student Information 8 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 Federal Family Educational Rights and Privacy Act ("FERPA" 34 CFR S 99). PARTIES shall regard all student information as confidential and will not disclose the student information to any third party. 14. Injury PARTIES hereto shall immediately complete an incident report in the event of any serious bodily injury to anyone within the scope of this Agreement, (specifically students of M-DCPS) or arising out of the performance of this Agreement. PARTIES hereto shall provide each other written notification of the incident immediately within two (2) hours of the incident. PARTIES hereto shall provide each other written notification within seven (7) days, if any legal action is filed as a result of such an injury. 15. Sexual harassment PARTIES hereto 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, M-DCPS or CITY employee which VR, M-DCPS, and CITY has knowledge thereof. PARTIES hereto shall provide each other written notification within three (3) working days if such an allegation is made. PARTIES hereto shall provide each other written notification within seven (7) days, if any legal action is filed as a result of such an alleged incident. 16. Access to records: audit PARTIES shall provide access to all of their records which relate to this Agreement at its place of business during regular business hours. PARTIES agree to provide such assistance as may be necessary to facilitate their review or audit. 17. Background Screening Requirements PARTIES agree that PARTIES and all of their employees who provide or may 9 provide services under this Agreement have met background check screening requirements that are in compliance with Florida Statutes. CITY and VR agree to submit their policy relating to background screening to M-DCPS. PARTIES agree that they have an ongoing duty to maintain and update their policy on background check screening requirements to ensure their compliance with Florida Statutes. PARTIES further agree that failure by any PARTY to comply with the requirements of this section shall constitute a material breach of the Agreement entitling PARTIES to terminate this Agreement immediately with no further responsibility to perform any other duties under this Agreement. 18. Compliance with School Code PARTIES agree to comply with all pertinent 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 PARTIES agree that failure to comply with the Florida K-20 Education Code may constitute a material breach of this agreement and may result in the termination of this agreement by the PARTIES. 19. Drug -Free Workplace PARTIES 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. 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. 10 "MDCPS" THE SCHOOL BOARD OF MIAMI-DADE APPROVED AS TO FORM AND COUNTY, FLORIDA LEGAL SUFFICIENCY: By: By: Superintendent of Schools or Designee Attorney for School Board REVIEWED AND APPROVED: "VR" An agency of the State of Florida Department of Education, Division of Vocational Rehabilitation By: Risk Management ATTEST: By: By: Print Name: Bill Parker Print Name: Title: Director 11 Approved as to Form and Legal Sufficiency By: Print Name: Charles Peregrini Title: Senior Attorney Department of Education "CITY" CITY OF MIAMI, a Municipal Corporation ATTEST: By: By: Tony E. Crapp, Jr. Priscilla Thompson City Manager City Clerk APPROVED AS TO FORM AND APPROVED AS TO INSURANCE CORRECTNESS: REQUIREMENTS: By: By: Julie O. Bru City Attorney Gary Reshefsky, Director Risk Management "MACT" MACTown ATTEST: By: By: Print Name: Print Name: Title: Title: 12