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HomeMy WebLinkAboutExhibitCOOPERATIVE AGREEMENT BETWEEN THE CITY OF MIAMI, FLORIDA, AND THE SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA This Cooperative Agreement, (hereinafter referred to as "AGREEMENT"), is entered into on this 1st day of July, 2018, by and between the City of Miami, (hereinafter referred to as "CITY"), a municipal corporation of the State of Florida, whose principal place of business is 3500 Pan American Drive, Miami, Florida 33133 and The School Board of Miami -Dade County, Florida, (hereinafter referred to as "M-DCPS"), a political subdivision of the State of Florida, whose principal place of business is 1450 NE 2nd Avenue, Miami, Florida 33132. CITY and M-DCPS are hereinafter collectively referred to as the "PARTIES". WHEREAS, the PARTIES wish to establish cooperative efforts in providing students with disabilities between the ages of eighteen (18) through twenty-two (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, and M-DCPS 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, the PARTIES agree as follows: 1. PARTIES intend for this AGREEMENT to form the basis of implementation of the Project SEARCH Miami program ("Project SEARCH Cooperative Agreement City of Miami, FL School Board of Miami -Dade County, FL Miami" or "Program"). Project SEARCH Miami is a unique business -led transition program designed for students with disabilities. It is targeted for students who intend to seek employment upon graduation and who will benefit from career exploration. The cornerstone of the one (1) school year program is immersion, into local government, in the CITY Administration. The students will 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, 20189 through June 30, 2022, inclusive. 3. This AGREEMENT may be terminated by any of the PARTIES at any time by giving the other entity 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 are of the same mind 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 elm party to the other shall be in writing, and shall be given and deemed to 2 Cooperative Agreement City of Miami, FL School Board of Miami -Dade County, FL 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, Program Coordinator City of Miami Department of Parks and Recreation Sandra DeLucca Developmental Center 4560 N.W. 4th Terrace Miami, Florida 33126 With a copy to: City of Miami Victoria Mendez, City Attorney 444 SW 2nd Avenue, Suite 945 Miami, Florida 33130 AS TO M-DCPS: The School Board of Miami -Dade County, Florida Alberto M. Carvalho, Superintendent of Schools 1450 NE 2nd Avenue, Suite 912 Miami, Florida 33132 With a copy to: The School Board of Miami -Dade County, Florida Department of Exceptional Student Education Ava Goldman, Administrative Director, 1501 NE 2nd Avenue, Suite 407 Miami, Florida 33132 And a copy to: 3 Cooperative Agreement City of Miami, FL School Board of Miami -Dade County, FL The School Board of Miami -Dade County, Florida Attn: Walter J. Harvey, School Board Attorney 1450 NE 2nd Avenue, Suite 430 Miami, Florida 33132 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 the PARTIES that all personnel provided by M-DCPS are subject to the rules and policies of the CITY as stated below: (a) All CITY property, including keys, parking permits, and identification cards issued to all M-DCPS employees must be returned to CITY upon termination of this AGREEMENT. (b) M-DCPS employees and students are subject to all evacuation policies and procedures. (c) M-DCPS employees are subject to all parking rules and regulations which will be provided to them by the CITY. (d) All M-DCPS 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. 8. 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 4 Cooperative Agreement City of Miami, FL School Board of Miami -Dade County, FL student files, and computer connections), and a 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 M-DCPS staff (classroom instructor, job coaches, etc.). Provide a liaison that is available on a frequent basis to assist with job site development, to introduce M-DCPS 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 M-DCPS instructor to reinforce workplace rules. iv. To the maximum extent possible, develop a minimum of twelve (12) to fifteen (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 M-DCPS staff. v. Provide access to hiring opportunities if a Program participant is appropriate for an internal job opening. vi. Provide badges and parking access for M-DCPS staff. vii. Provide space for Open Houses and other events to promote the Program. 5 Cooperative Agreement City of Miami, FL School Board of Miami -Dade County, FL viii. Provide assistance to M-DCPS staff, including marketing materials and public relations expertise. ix. Provide internal marketing to CITY personnel about the Program. x. Collaborate with M-DCPS staff in periodically evaluating 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, and accommodations, and implement as necessary. (b) M-DCPS shall: Provide an Exceptional Student Education Instructor with transition experience to coordinate/teach the program, and provide one paraprofessional 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. 6 Cooperative Agreement City of Miami, FL School Board of Miami -Dade County, FL Assist CITY staff on the development of worksites, create job and task analyses, and identify appropriate accommodations. iv. To the maximum extent possible, provide twelve (12) qualified students (as determined by M-DCPS staff) 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 Plans (IEP), such as interpreter services, speech or occupational therapy, 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. Assist with public relation activities to promote the Program. 9. Indemnification With reference to liability, PARTIES agree to the following: (a) M-DCPS shall indemnify, save, and hold harmless CITY and its officers, 7 Cooperative Agreement City of Miami, FL School Board of Miami -Dade County, FL employees, agents and instrumentalities from any and all liability, losses or damages, which CITY or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of the AGREEMENT by M-DCPS or its employees, agents, servants, partners, principals or subcontractors. M-DCPS shall pay all claims and losses in connection therewith, and shall investigate and defend all claims, suits or actions of any kind or nature in the name of 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 the Statute whereby M-DCPS 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 Two Hundred Thousand Dollars ($200,000.00) or any claim or judgment or portions thereof, which when totaled with all other claims or judgments paid by M-DCPS arising out of the same incident or occurrence, exceed the sum of Three Hundred Thousand Dollars ($300,000.00) 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 M-DCPS. (b) CITY shall indemnify, save, and hold harmless M-DCPS and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, which M-DCPS or its officers, employees, agents or instrumentalities 8 Cooperative Agreement City of Miami, FL School Board of Miami -Dade County, FL may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of the AGREEMENT by CITY or its employees, agents, servants, partners, principals, or subcontractors. CITY shall pay all claims and losses in connection therewith, and shall investigate and defend all claims, suits or actions of any kind or nature in the name of M-DCPS, 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 the Statute whereby 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 Two Hundred Thousand Dollars ($200,000.00), or any claim or judgments or portions thereof, which when totaled with all other claims or judgments paid by CITY arising out of the same incident or occurrence, exceed the sum of Three Hundred Thousand Dollars ($300,000.00) 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 CITY. 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 M-DCPS, the CITY, or any political subdivision of the State of Florida to be sued by third 9 Cooperative Agreement City of Miami, FL School Board of Miami -Dade County, FL 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 with 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 AGREEMENT. 13. Emergency Response Plan CITY shall provide M-DCPS 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 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 M-DCPS Policies relating to the confidentiality of student information. PARTIES further agree to comply with the Family Educational Rights and Privacy 10 Cooperative Agreement City of Miami, FL School Board of Miami -Dade County, FL Act of 1974, 20 U.S.C. §1232g. PARTIES shall regard all student information as confidential and will not disclose the student information to any third party. 15. Injury PARTIES hereto shall immediately complete an incident report in the event of any loss of property or any serious bodily injury to anyone operating within the scope of this AGREEMENT, or arising out of the performance of this AGREEMENT. PARTIES hereto shall provide to each other written notification of the incident immediately within two (2) hours of the incident. PARTIES hereto shall provide to each other written notification within seven (7) days, if any legal action is filed as a result of such 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 either M-DCPS or CITY has knowledge thereof. PARTIES hereto shall provide to each other written notification within three (3) working days if such an allegation is made. PARTIES hereto shall provide to each 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 the corresponding place of business during regular business hours and upon reasonable notice. PARTIES agree to provide such assistance 11 Cooperative Agreement City of Miami, FL School Board of Miami -Dade County, FL 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 and any other applicable laws and regulations. CITY 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 corresponding policies on background check screening requirements to ensure their compliance with Florida Statutes including, but not limited to, the Jessica Lunsford Act, and any other applicable laws and regulations. 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 Florida K-20 Education 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 as it may be amended from time to time. Furthermore, 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. 12 Cooperative Agreement City of Miami, FL School Board of Miami -Dade County, FL 20. Drug -Free Workplace PARTIES agree to conduct general drug screening on all applicants for instructional and non -instructional positions within the respective entity, including contracted personnel, in the manner set forth in M-DCPS 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 PARTIES each maintain a self -insured program for general liability, automobile liability, and workers' compensation in accordance with and subject to the limitations as set forth in Section 768.28, Florida Statutes. 22. All books, manuals, films or other materials suitable for copyright or patent, regardless of means of transmission, that are 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 M-DCPS unless and to the extent that the PARTIES agree otherwise, as evidenced in writing and included as a part of this AGREEMENT. 23. This AGREEMENT shall be subject to Florida's Public Records Laws, Chapter 119, Florida Statutes. The PARTIES understand the broad nature of these laws and agree to comply with Florida's Public Records Laws and laws relating to records retention. 13 Cooperative Agreement City of Miami, FL School Board of Miami -Dade County, FL IN WITNESS WHEREOF, the PARTIES have caused this AGREEMENT to be executed by their respective and duly authorized officers on the day and year first written above. "M-DCPS" "CITY" CITY OF MIAMI, a Municipal Corporation THE SCHOOL BOARD OF MIAMI-DADE ATTEST: COUNTY, FLORIDA By: By: Superintendent of Schools or Designee Emilio Gonzalez, City Manager By: APPROVED AS TO FORM AND LEGAL Todd B. Hannon, City Clerk SUFFICIENCY: By: APPROVED AS TO FORM AND Attorney for School Board CORRECTNESS: By: REVIEWED AND APPROVED: Victoria Mendez, City Attorney By: APPROVED AS TO INSURANCE REQUIREMENTS: Risk Management By: Ann -Marie Sharpe, Director Risk Management 14