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HomeMy WebLinkAboutExhibit 1COOPERATIVE AGREEMENT BETWEEN THE CITY OF MIAMI, FLORIDA, AND THE SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA, AND MACTOWN, INC. This Cooperative Agreement, hereinafter referred to as (Agreement), entered into this 1st day of July 2012, 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, a political subdivision of the State of Florida, hereinafter referred to as Miami -Dade County Public Schools (M-DCPS); and MacTown, Inc., A Florida Not for Profit Corporation, 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, local laws School Board Policies, 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 1. PARTIES intend for this Agreement to form the basis of the implementation 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 (1) 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 August 20, 2012 through and including June 30, 2015. 3. This Agreement may be terminated by any of the PARTIES at any time by giving the other PARTIES notice in writing at least thirty (30) 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. Any notice required or permitted to be given under this agreement by one party to the other party shall be in writing and shall be given and deemed to have been given immediately if delivered in person to the recipient's address set forth in this section or on the date shown on the certificate of receipt if placed in the United States mail, postage prepaid, by registered or certified mail with return receipt requested, addressed to the receiving party at the address hereinafter specified: AS TO THE CITY: Ms. Nadia N. Arguelles-Goicoechea, Ed. S., Program Coordinator, 2 City of Miami Department of Parks and Recreation, Sandra DeLucca Developmental Center 4560 N.W. 4 Terrace, Miami, FL 33126 With a copy to: Juan Pascual, Parks Director 444 SW 2nd Av., 8th Floor Miami, FI. 33130-1910. AS TO THE SCHOOL BOARD: Alberto M. Carvalho, Superintendent 1450 N.E. Second Avenue, Suite 912 Miami, Florida 33132 With a copy to: Miami -Dade County Public Schools, Liliana Salazar, District Director, Division of Special Education 1500 Biscayne Boulevard, Suite 409 Miami, Florida 33132; And a copy to: The School Board of Miami -Dade County, Florida, Attn: Walter J. Harvey, School Board Attorney 1450 NE 2nd Ave., Suite 430 Miami, FL 33132 (AS TO MACT: Mr. Kevin Edwards, External Services Director MacTown, Inc., 151 N.E. 62nd Street, Miami, FL 33138 6. Overall on -site implementation and monitoring of this Agreement shall be carried out through cooperative efforts of the PARTIES administrative staffs. 7. It is understood by PARTIES that all personnel provided by M-DCPS, 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, and MACT employees must be returned to CITY upon termination of this Agreement. (b) M-DCPS and MACT employees and students are subject to all evacuation policies and procedures. (c) MDCPS and MACT employees are subject to any applicable parking rules and regulations which will be provided to them by the CITY, upon request . (d) All MDCPS 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. 8. Facilities and Support Services With reference to program Facilities and Support Services, City of Miami, Miami Riverside Center, Project SEARCH Miami Classroom, 444 SW 2nd Avenue, Miami, Florida 33130. 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). 4 ii. Provide work space, telephone, fax, photocopy equipment, supplies, computer and email access to Project SEARCH Miami Staff (classroom instructor, job coaches, etc.). 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 liaison with Vocational Rehabilitation, 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 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. 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). 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 (as determined by the Project Search team) for the program. Provide as many student recruitment opportunities, as possible to reach the full enrollment of the program. 6 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. Provide the support of a transition specialist who will support transition services to students including collaboration with Vocational Rehabilitation, transportation, training and case management. viii. Coordinate regular meetings to discuss and evaluate program progress. ix. Collect data on student outcomes and report to all partners. x. Liaison with Cincinnati Project SEARCH Miami for technical assistance, data collection and other issues related to model integrity xi. Be an active participant in the Project SEARCH Miami Advisory Committee and evaluate program progress. xii. Assist with public relation activities to promote the Miami Project SEARCH Miami program. (c) MACT shall: Provide ongoing job development services to Project SEARCH Miami students and alumni with disabilities which include staff consultation, collaboration with Vocational Rehabilitation, student screening, job matching, job development, job placement, follow up support, record keeping, and job coach travel. 7 ii. Provide services by a qualified job coach who locates the job, places and trains the supported employee, and provide ongoing follow-up services. To the maximum extent possible, secure employment for no less than 80% of the participants enrolled in Project SEARCH Miami each year. 9. Indemnification With reference to liability, PARTIES agree to the following: (a) CITY does hereby agree to indemnify and save harmless M-DCPS to the extent of the and subject to the limitations included within Florida Statutes, Section 768.28, for personal injury or property damage claims, liability, losses and causes of action, which may arise out of the negligent performance or non-performance of the stipulations of this Agreement by the City . However, nothing herein shall be deemed to indemnify M-DCPS 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 other party. (b) M-DCPS does hereby agree to indemnify and save harmless CITY to the extent of and subject to the limitations included within Florida Statutes, Section 768.28, for personal injury or property damage claims, liability, losses and causes of action, which may arise out of the negligent performance or non-performance of the stipulations of this Agreement by M-DCPS .However, nothing herein shall be deemed to indemnify CITY for any liability or claims arising out of the negligent performance or failure of performance of CITY as a result of the negligence of any other party. (c) MACT does hereby agree to indemnify, defend, and save harmless CITY, and M-DCPS for personal injury or property damages claims, liability, losses and causes of action, judgments and attorneys' fees which may arise out of the negligent 8 performance or non-performance of the stipulations of this Agreement by MACT. However, 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 other party. (d) DUTY TO DEFEND: MACT agrees, at their own expense, and upon written request by the M-DCPS, and the City, as applicable, to defend any suit, action or demand brought against M-DCPS, and the City, as applicable, on any claim or demand arising out of, resulting from or incidental to MACT's performance under this Agreement. 10. 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. 11. 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. 12. 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. 13. Emergency Response Plan CITY shall provide M-DCPS with a copy of their emergency response plan to be implemented in the event of a natural disaster or Toss 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 M-DCPS at the beginning of the school year. 14. Confidentiality of Student Information PARTIES understand and agree that they are subject to all federal and state laws and School Board policies relating to the confidentiality of student information. PARTIES further agree to comply with the, Federal 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. PARTIES acknowledge that absent an exemption City records are subject to the Public Records Act, Chapter 119, Fla. Stat. 15. Loss or Injury MACT ( and any other PARTY having actual knowledge)hereto shall immediately complete an incident report in the event of any loss of property or 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. MACT ( and any other party having actual knowledge)hereto shall provide each PARTY written notification of the incident immediately within twenty (24) 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 loss or an injury. 16. 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 M-DCPS or CITY employee which 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 reported . PARTIES hereto shall provide each 10 other written notification within seven (7) days if any legal action is filed as a result of such an alleged incident. 17. 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. 18. Background Screening Requirements PARTIES agree that PARTIES and all of their employees who provide or may provide services under this Agreement have met background "check screening requirements that are in compliance with Florida Statutes. CITY and MACT agrees 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 including, but not limited to the Jessica Lunsford Act. 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. 19. Compliance with School Code PARTIES agree to comply with all pertinent sections of the Florida K-20 Education Code, Title XLVII I, 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. 20. Drug -Free Workplace PARTIES agree to conduct general drug screening on all applicants for 11 instructional and non -instructional positions within the agency, including contracted personnel, in the matter set forth in School Board Policy 8475. 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. 21 Insurance The City and M-DCPS maintain a self insured program for general liability, automobile liability, and workers' compensation in accordance and subject to the limitations as set forth in Section 768.28 of the Florida Statutes. MACT shall provide evidence of insurance as may be required by the M-DCPS Office of Risk and Benefit Management, and City in accordance to Insurance Exhibit A of the agreement. , "The School Board of Miami -Dade County, Florida, its officers, directors and employees" and the City of Miami shall be listed as additional insured. Prior to effective date of the contract, Contractor shall be responsible for providing the School Board and the City with (1) certificate(s) of insurance and (2) policy endorsement(s) as proof of said coverage. If the Contract is pursuant to a Request for Proposal or Invitation to Bid, then the Contractor shall also comply with insurance requirements set forth therein. Parties shall maintain insurance coverage in effect for the entire term of the Contract. Cancellation or modification of terms, without theprior written consent of the M-DCPS and the City, shall constitute a material default under the Contract 22. All books, manuals, films or other materials suitable for copyright or patent, regardless of means of transmission, produced as a result of the work or services performed under or in connection with this Agreement, are hereby reserved as the exclusive property of and sole ownership by The School Board of Miami -Dade County, Florida, unless and to the extent that the parties agree otherwise, as evidenced in writing and included as a part of this Agreement 23. This contract shall be subject to Florida's Public Records Laws, Chapter 12 119, Florida Statutes. Contractor understands the broad nature of these laws and agrees to comply with Florida's Public Records Laws and laws relating to records retention .. 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. "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: By: Risk Management 13 "MACT" MacTown, Inc. ATTEST: By: By: Print Name: Print Name: Title: Title: "CITY" CITY OF MIAMI, a Municipal Corporation ATTEST: By: By: Johnny Martinez, P.E. Dwight S. Danie City Manager City Clerk APPROVED AS TO FORM AND APPROVED AS TO INSURANCE CORRECTNESS: REQUIREMENTS: By: By: Julie O. Bru City Attorney Calvin Ellis, Director Risk Management 14 EXHIBIT A INSURANCE REQUIREMENTS-MACT I. Commercial General Liability I. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence $1,000,000 General Aggregate Limit $ 2,000,000 Personal and Adv. Injury $ 1,000,000 Products/Completed Operations $ 1,000,000 iI. Endorsements Required City of Miami listed as additional insured Miami Dade School Board of Dade County listed as an additional Insured. Contingent & Contractual Liability Premises and Operations Liability Primary insurance Clause iI=. Business Automobile Liability A. Limits of Liability Bodily Injury and Property Damage Liability Combined Single.Limit Owned/Scheduled Autos Including Hired, Borrowed or Non -Owned Autos Any One Accident $ 1,000,000 B. Endorsements Required City of Miami included as an additional insured Miami Dade School Board of Dade County listed as an additional Insured. IV. Worker's Compensation 15 V. Limits of Liability Statutory -State of Florida Employer's Liability A. Limits of Liability $100, 000 accident $100,000 employee $500, 000 limit for bodily for bodily for bodily injury injury injury caused caused caused by an accident, each by disease, each by disease, policy Professional Liability/Errors and Omissions Coverage Combined Single Limit Each Claim $1, 000, 000 General Aggregate Limit $1, 000, 000 Retro Date Coverage The above policies shall provide the City of Miami with written notice of cancellation or material change from the insurer in accordance to policy provisions: Companies authorized to do business in the State of Florida, with the following qualifications, shall issue all insurance policies required above: The company must be rated no less than "A-" as to management, and no less than "Class V" as to Financial Strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All policies and /or certificates of insurance are subject to review and verification by Risk Management prior to insurance approval. 16