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HomeMy WebLinkAboutExhibitINTERLOCAL AGREEMENT between City of Miami and the School Board of Miami -Dade County, Florida For the Marine Service Technology Program at Lindsey Hopkins Technical College This Program Grant Agreement for the Marine Service Technology Program ("Agreement") is entered into this day of , 2016, by and between The City of Miami, a politic body formed under the state of Florida whose address is 444 SW 2nd Avenue, Miami, FL 33130 (hereinafter referred to as the "City"), and The School Board of Miami -Dade County, Florida, by and through Lindsey Hopkins Technical College, a political subdivision of the State of Florida, whose address is 750 N.W. 20 Street, Miami, FL 33127 (hereinafter referred to as the "School Board" or "School District" or "M-DCPS"). The City and the School Board shall each be referred to herein as "Party', and collectively as "Parties." RECITALS WHEREAS, The School Board, is creating a new a Marine Service Technology Program ("Program" or "Marine Service Program") at The Lindsey Hopkins Technical College; and WHEREAS, such an educational program currently does not exist in Miami -Dade County, a community located near water with a billion dollar marine industry; the Parties acknowledge it is necessary for an educational program to educate the local residents and attract jobs to such an important industry; and WHEREAS, the City of Miami, and more particularly, the District 3 Commissioner Frank Carrollo, wishes to assist the School Board and to establish this new and long- lasting Marine Service Program; and WHEREAS, the initial implementation of the Marine Service Program consists of twenty (20) participants in the Program; and WHEREAS, equipment and fixed assets required for the start-up of the Marine Service Program total an amount of $335,905.00; and WHEREAS, the District 3 Commissioner Frank Carollo desires to donate the necessary equipment and fixed assets to start the Program, in the amount of $235,905.00 ("Funds") from the District 3 Anti -Poverty Initiative Funds, to assist residents for maritime skillsets in order to further their job skills and fulfill the demand of numerous maritime jobs in the Miami community; and WHEREAS, the School Board has a commitment of a $100,000.00 donation, or has committed to allocating the necessary funds for purchasing the equipment and fixed assets for the start-up of the Program; Page 1 of 10 NOW IN CONSIDERATION of the mutual covenants and agreements herein contained, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged the School Board and the City agree as follows: Section 1. Recitals The recitals and findings contained in the Recitals to this Agreement are adopted by reference and incorporated as fully set forth in this Section. Section 2. Purpose It is the District 3 Commissioner Frank Carollo's intent to provide the fixed assets from the District 3 Anti -Poverty Initiative Fund for the initial implementation of this Maritime Program within the City of Miami and Miami -Dade County as a whole. A maritime program is needed in this community to better educate the local workforce and assist in developing the maritime industry. With this need comes the expectation for this Program to flourish and grow over the years. Although this grant is to provide the initial fixed assets to start the Program, the intent of the parties is to establish a long-lasting Maritime Program for students to enroll in, for a minimum of seven.(7) years from the date of execution. Section 3. Implementation of Marine Service Technology Program (a) The School Board and the City agree that commencing in August 22, 2016, the parties hereto shall implement the Marine Service Technology Program ("the Program"). (b) The School Board agrees, subject to the availability of funding as set forth in Section 4 below, to support the implementation of the Marine Service Technology Program for twenty (20) students. ' (c) The School Board shall make all reasonable efforts to enroll residents from District 3 of the City of Miami, if not able to acquire District 3 City residents, then School Board shall make all reasonable efforts to enroll residents from all of the City of Miami. (d) The Program shall follow the course details as prescribed in the Curriculum Frameworks, attached and incorporated herein by reference as Exhibit "C" which may be amended at any time by the School Board. (e) The School Board shall attempt to seek consent of individuals enrolled in the Program in order to provide the City of Miami a Certificate of Completion provided by the School Board of each consented individual upon successful completion of the program as determined by the School Board. (f) The School Board agrees, that the Program with the initial Funds donated by the City, and any other funding by the School Board either by donation or its own Page 2of10 general funds, shall ensure an initial class starting August 22, 2016 and must provide a program for six (6) subsequent and consecutive years consisting of a minimum twenty (20) person class size. Section 4. Funding The City agrees to provide an amount up to $235,905.00 ("Funds"). The funding shall be provided upon execution of this Agreement. The School Board agrees to repay any unspent funds. The School Board shall provide an itemized list of materials and equipment purchased utilizing City funding. Section 5. Reporting and Monitoring Obligations. The School Board shall submit to the City all reports as described in Section 5.2 hereof, and all other reports that the City may reasonably require, in such form, manner, and frequency as the City may reasonably require to monitor the progress of the Program and the School Board's performance and compliance with this Agreement. The agreements in this Section 5, 5.1, 5.2, shall survive the termination of this Agreement. 5.1 Retention and Access of Records. The School Board shall retain all Contract Records for seven (7) years after the expiration of this Agreement (hereinafter referred to as the "Retention Period") subject to the limitations set forth below: (a) If the City or the School Board has received or given notice of any kind indicating any threatened or pending litigation, claim or audit arising out of the activities relating to the Program or under the terms of this Agreement, the Retention Period shall be extended until such time as the threatened or pending Litigation, claim or audit is, in the sole and absolute discretion of the City, fully, completely and finally resolved. (b) The School Board shall allow the City or any person authorized by the City full access to and the right to examine any of the Program Records during the required Retention Period. However, no request nor performance shall be in violation of The Family Educational Rights and Privacy Act ("FERPA"), 20 U.S.C. § 1232g; 34 CFR Part 99. (c) The School Board shall notify the City in writing, both during the pendency of this Agreement and after its expiration termination, as part of the final closeout procedure, of the address where all Program Records will be retained. (d) The School Board shall permit the City and other persons duly authorized by the City to inspect all Program Records, facilities, goods, and activities of the School Board that are in any way connected to the activities undertaken pursuant to the terms of this Agreement. However, no request nor performance shall be in violation of The Family Educational Rights and Privacy Act ("FERPA"), 20 U.S.C. § 1232g; 34 CFR Part Page 3 of 10 .• 5.2 Provision of Records. All of the Contract Records are subject to the provisions of Chapter 119, Florida Statutes, commonly referred to as the "Public Records Law". The School Board shall provide to the City, upon request, all Contract Records. The requested Contract Records shall become the property of the City without restriction, reservation, or limitation on their use and shall be made available by the School Board at any time upon request by the City. The City shall have the unlimited right to all books, articles, or other copyrightable materials developed in the performance of this Agreement, including, but not limited to, the right of royalty -free, non-exclusive, and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use, the Contract Records for public purposes. If the School Board receives funds from, or is under regulatory control of, other governmental agencies and those agencies issue monitoring reports, regulatory examinations, or other similar reports, the School Board shall provide a copy of each such report and any follow-up communications and reports to the City immediately upon such issuance unless such disclosure is a violation of those agencies' rules. Section 6. Resolution of Disputes In the event of a dispute relating to this Agreement, the Parties shall seek an amicable resolution through meeting of their respective representatives. In the event that no resolution is agreed upon, each Party may seek resolution by following the dispute resolution procedures specified in Chapter 164, Florida Statutes. Section 7. Effective ®ate and Terra This Agreement shall become effective upon execution by the School Board and the City and shall remain in full force and effect until July 31, 2017. The Parties reserve the right to terminate this Agreement with cause by giving thirty (30) days written notice to the other Party. School Board reserves the right to terminate this Agreement without cause by giving thirty (30) days written notice to the City, provided funds have not been disbursed to the Marine Service Program. The City reserves the right to terminate this Agreement without cause by giving thirty (30) days written notice to the School Board, provided funds have not been disbursed to the Marine Service Program Section 8. Severability If any item or provision of this Agreement is held invalid or unenforceable, the remainder of the Agreement shall not be affected and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. Section 9. Notice and General Condition All notices which may be given pursuant to this Agreement, except notices for Page 4of10 meetings provided for elsewhere in this Agreement, shall be in writing and shall be delivered by personal service or by certified mail return receipt requested addressed to the parties at their respective addresses indicated below or as the same may be changed in writing from time to time. Such notice shall be deemed given on the day on which personally served, or if by mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier. City: Daniel J. Alfonso City Manager 444 SW 2nd Avenue, 10th Floor Miami, FL 33130 With Copy to: Victoria Mendez, Esq. City Attorney 444 SW 2nd Avenue, 945 Miami, FL 33130 Frank Carollo City Commissioner District 3 3500 Pan American Drive Miami, FL 33133 School Board: With Copy to: Superintendent The School Board of Miami -Dade County, Florida 1450 N.E. 2nd Avenue, Room 912 Miami, Florida 33132 School Board Attorney 1450 N.E. 2nd Avenue, Room 430 Miami, Florida 33132 Phone: 305995-1304 Fax: 305-995-1412 Title and Paragraph headings are for convenient reference and are not intended to confer any rights or obligations upon the parties to this Agreement. Section 10. Entire Agreement This Agreement sets forth the entire agreement between the Parties and there are no promises or understandings other than those stated therein. It is further agreed that no modification, amendment or alteration of this Agreement shall be effective unless contained in a written document executed with the same formality and of equal dignity herein. Section 11. Assignment Page 5 of 10 Neither Party hereto may assign this Agreement without the prior written consent of the other Party hereto. Section 12. Governing Law; Compliance with Laws This Agreement will be interpreted and enforced in accordance with Florida law. The Parties agree that they shall comply with all applicable laws, ordinances and codes of all applicable governmental authorities. To the extent this Agreement conflicts with said laws, rules, ordinances or codes, said laws, rules, ordinances and codes shall prevail. Section 13. Enforcement of Agreement; Venue In the event that either Party is required to enforce this Agreement by court proceedings or otherwise, then the Parties agree that each Party shall be responsible for all its fees and costs including attorneys' fees and costs, from inception through all appeals. Venue shall be in Miami -Dade County, Florida. The agreements in this Section 13 shall survive the termination of this Agreement. Section 14. No Third Party Beneficiaries This Agreement is solely for the benefit of the School Board and the City and no right or cause of action shall accrue upon or by reason, to or for the benefit of any third party not a formal party to this Agreement. Nothing in this Agreement expressed or implied is intended or shall be construed to confer upon any person or corporation other than the Board and the City any right, remedy, or claim under or by reason of this Agreement or any of the provisions or conditions of this Agreement; and all of the provisions, representations, covenants, and conditions contained in this Agreement shall inure to the sole benefit of and shall be binding upon the Board and the City, and their respective representatives, successors, and assigns. Section 15. Indemnification The City of Miami does hereby agree to hold harmless and indemnify the School Board to the extent of limitations included within Florida Statutes, Section 768.28, subject to the provisions in this act whereby the City shall not be held liable to pay a personal injury claim or property damage claim or judgment by any one person which exceeds the sum of $200,000, or any claim or judgments or portions thereof, which, when totaled with all other claims or judgments paid by the state or its agencies or subdivisions arising out of the same incident or occurrence, exceeds the sum of $300,000 from any and all personal injury or property claims, liabilities, losses and causes of actions arising out or incidental to the negligent performance of this Agreement. However, nothing herein shall be deemed to indemnify the School Board for any liability or claim arising out of the negligent performance or failure of performance of the School Board or as a result of the negligence of any unrelated third party. The School Board of Miami -Dade County, Florida does hereby agree to hold Page 6of10 harmless and indemnify the City to the extent of limitations included within Florida Statutes, Section 768.28, subject to the provisions in this act whereby the School Board shall not be held liable to pay a personal injury claim or property damage claim or judgment by any one person which exceeds the sum of $200,000, or any claim or judgments or portions thereof, which, when totaled with all other claims or judgments paid by the state or its agencies or subdivisions arising out of the same incident or occurrence, exceeds the sum of $300,000 from any and all personal injury or property claims, liabilities, losses and causes of actions arising out or incidental to the negligent performance of this Agreement. However, nothing herein shall be deemed to indemnify the City for any liability or claim arising out of the negligent performance or failure of performance of the City or as a result of the negligence of any unrelated third party. Section 16. No Partnership or Joint Venture This Agreement does not constitute as a joint venture or partnership for the Marine Service Program. Neither party hereto shall hold itself out as a partner, agent, or affiliate of the other party. Section 17. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be considered an original for all purposes; provided, however, that all such counterparts shall together constitute one and the same instrument. [Remainder of Page Left Intentionally Blank] [Signatures on Following Page Page 7of10 IN WITNESS WHEREOF, this Program Grant Agreement for the Marine Service Technology Program at Lindsey Hopkins Technical College has been executed by and on behalf of the City and the School Board of Miami -Dade County, Florida, on this day of 2016. The School Board of Miami -Dade County, Florida: M Alberto M. Carvalho, Superintendent of Schools APPROVED AS TO FORM AND LEGAL SUFFICIENCY: School Board Attorney City of Miami: Daniel J. Alfonso, City Manager APPROVED AS TO FORM AND LEGAL SUFFICIENCY: AC Victoria Mendez, City Attorney Page 8of10 EXHIBIT "A" Program Description The Marine Service Technology Program at Lindsey Hopkins Technical College offers Basic Service Shop Operations which includes the following: • safety • use of hand and power tools • care and maintenance of boat interiors, exteriors, and mechanical systems beginning with theory • demonstrations on boat components • students are allowed to practice their skills on laboratory training boats • Marine Electrical/Electronic systems • engine power plants • various drive units • fuel system • cooling system • exhaust system • steering, boat rigging, and trailers • training also includes communication and leadership skills, human relations, employability skills, and safe efficient work practices Student Contribution If Not Covered By Scholarships $3,456 Tuition (1350 hours x $2.56) 30 Registration 100 Material Fee 5 Identification Badge 18 School Insurance (24 hour coverage) 277 Textbooks 1,170 Industry Certification; American Boat and Yacht Council $5,056 Sub -Total District Contribution $100,796 Instructor Salary 10,000 Marketing 40,000 Curriculum 18,000 Facility 72,000 Recruitment $240,796 Sub -Total $335,905 Sub -Total, Tools and Equipment $581,757 Grand Total Page 10 of 10