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Res No 212-12-13769
RESOLUTIONNO.:212-12-13769 A Resolution authorizing the City Manager to enter into a Memorandum of Understanding (MOU)with Will Tutor U,LLC to provide FCAT tutoring services. WHEREAS,Will Tutor U,LLC providesFCAT test preparations to belocatedat the Mobley Building inSuite2;and, WHEREAS,Will Tutor U,LLC will provide all suppliesand equipment to operate all phasesof the FCAT tutoring services and, WHEREAS,the CityofSouth Miami Parksand Recreation Department will provide the space,tables and chairs. NOW,THEREFORE,BEIT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA THAT: Section I.TheCityManagerishereby authorized to enter intothe attached MemorandumofUnderstandingtopermittheWill Tutor U,LLC as part ofthe ParksandRecreationProgram/Service offerings. Section 2.This Resolution shall takeeffect immediately uponadoption. PASSED AND ADOPTED this 7th day of November 2012. APPROVED: maycJr COMMISSION VOTE:4-0 Mayor Stoddard:Yea ViceMayorLiebman:Yea Commissioner Newman:absent Commissioner Harris:Yea Commissioner Welsh:Yea CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM South Miami 2001 To:The Honorable Mayor&MembersoftheCityCommission From:Hector Mirabile,PhD,City Manager /ij/i Date:October 26,2012 /Agenda Item No.:1 Subject: Background: Account: AResolutionauthorizing the CityManager to enter intoaMemorandum of Understanding (MOU)withWill Tutor U,LLC to provide FCAT tutoring services. Will Tutor Uprovides inclusive all around tutoring for students of all levelsand abilities.Theyassist students improve their grades,test scores and become more proficientand successful learners.TheCityofSouth Miami ParksandRecreation Department hassolicited their servicesto provide tutoring forFCATtestingwhichwill take placeinMarch 2013. Attachments:Resolutionforapproval IrurofcJLl.CDM Memorandum of Understanding PARTIES:This Memorandum of Understanding (M.O.U.)is to establish details ofan agreement between the Will Tutor U,LLC (WTU)located at P.O.Box 611782 Miami, FL 33261 (786/309-4558,office)and City of South Miami located at 6130 Sunset Drive,South Miami,FL 33143 (305/663-6338,office).The parties agree asfollows: AFFECTED PREMISES:5825 SW 68th Street,Suite2,South Miami,FL 33143 USE OF PREMISES:Will Tutor U,LLC shall use a meeting space located at 5825 SW 68th Street, Suite 2,South Miami,FL 33143 to deliver its FCAT program Academic FCAT Prep Program which focuses on preparing students for their FCAT Math,Reading and/or Science standardized testing by improving study habits,time management skills and developing methods to reduce anxiety.The classes willutilize sample FCAT tests withreview questions in combination witha step by step approach to developing comprehension strategies.We review students'past performanceon tests to identify weaknessandfocusonimproving these areas.Thisprogram will serve approximately 20 students twice a week from 5:00pm-6:00pm.Theclasses will be separated by students'grade level (elementary,middleandhighschool).A site manager will oversee daily curriculum and operation at the site.Eligible participants must be enrolled student of public schools.The target group willbe recruited from the City of South Miami. Will Tutor U,LLC willbe responsible for operation of the program,including staffing,curriculum delivery,participant and staff payroll processing andall communications.In addition,Will Tutor U,LLC will ensure all staff isin compliance byproviding proof that staff has completed and passed alevel II background check forany staff that willbein contact with children. The City of South Miami willbe responsible for recruitment along with the help of WTU.It will be essential for both parties to recruit for this program to bea success. TERM:The agreement term will begin on January 28,2013 and will terminate onMarch31, 2013. AGREEMENT PAYMENTS:Will Tutor U,LLC will not be required topay any rental expenses while housed at this location.Any expenses suchasoffice supplies and copy paper shallbe the financial responsibility of Will Tutor U,LLC.In addition,any other incurred expenses that are a direct cause of FCAT Prep Program will also be incurred by Will Tutor U,LLC. PROPERTY AND PARTICIPANT INSURANCE:City of South Miami and Will Tutor U,LLC shall each be responsible to maintain appropriate insurance that meets the City's insurance requirements that are attached asExhibitAtothis MOU for their respective interest in the premises and property located on site.Will Tutor U,LLC further agrees to maintain Will Tutor U,LLC P.O.Box 611782 Miami,FL 33261 P:786.309.4558 t/t/U-L TUTORJL1-COHA insurance on the participants of the FCAT Prep Program.Will Tutor U,LLC shall indemnify and hold harmless City of South Miami foranyinjury or claim made which arises out of the use of the premises by,and/or operation of,Will Tutor U,LLC's program. LEVEL II SCREENING:All individuals who will be involved in the program and/or who will beinclose proximity to children whileonCity property shallhaveandpass level II background screening in accordance with the laws of the State ofFlorida. Will Tutor U,LLC shall provide the Citywitha certificate from the appropriate agency attesting to the fact that allsuchindividualshave passed level II background screening. KEYS:Will Tutor U,LLC will not begivenkeysto access the meeting space fromwhich the program will be operating. MAINTENANCE:City of South Miami shallhave the responsibility to maintain the premises in goodrepairatalltimesandperformallrepairsnecessarytosatisfyanyimpliedwarrantyof habitability.Will Tutor U,LLC will ensure that insideareasutilizedbythe FCAT Prep Program will remainingood repair and acceptable appearance. UTILITIES,SERVICES,AND EQUIPMENT:WillTutorU,LLC willbe responsible for phone access viasite manger cell phone or other acceptable methodas determined by WillTutor U,LLC for useby FCAT Prep Program.Will Tutor U,LLC will notbe responsible for basic utilities (water, electricity etc.)forthepremises.City ofSouth Miami agreestolend Will Tutor U,LLC the following:chairs,tablesand large visible dryerase board Will Tutor U,LLC will be responsible for maintaining in good repair all furniture that will be borrowed for operational use from City of South Miami. William Hall,Mgr ATTESTED: laria M.Menendez,CMC City Clerk Read and A Legalit By: Thcjfn^fe F.Pepe,Es£| City Attorney as to Fo there' m&, age, OWNER:CITY Of SOUTH MIAMI By: Kelly Bj&rket ActingCity Manager HISCOX HISCOX INSURANCE COMPANY INC.(A Stock Company) 233NorthMichiganAvenue,Suite 1840 Chicago Illinois 60601 Certificate of Commercial General Liability Insurance This certificate is issued for informational purposes only. It certifiesthatthepolicieslistedinthis document havebeen issued totheNamedInsured.It does notgrantanyrightsto anypartynor can itbe used,inanyway,tomodify coverage providedbysuchpolicies.Alterationofthiscertificate does not change theterms,exclusions orconditionsofsuchpolicies. Coverageissubjecttotheprovisionsofthe policies,including anyexclusionsor conditions,regardlessofthe provisions of any other contract,such as between the certificate holder and the Named Insured.The limits shown below are the limits providedatthepolicyinception.Subsequent paidclaimsmayreduce these limits. Named Insured: Insurer Name: Policy Number: Type of Coverage:[occurrence Policy Effective Date: Limits of Insurance Each Occurrence: Damage to Premises Rented to You: Medical Expense: Personal &AdvertisingInjury: General Aggregate: Products/Completed Operations Aggregate: Will Tutor U LLC Hiscox Insurance Company Inc. UDC-r1306260-GGL-12 November 23,2012 PolicyExpiration Date: $1,000,000 $100,000 Any one premises $5,000 Any one person $1,000,000 $2,000,000 November 23,2013 Products-completed operationsaresubjecttotheGeneral Aggregate Limit General Aggregate Limit applies per:Policy Description of Endorsements/Special Provisions Not applicable Additional Insured Status \S I Certificate holder maintains'Additional Insured Status if this boxed checked. Thiscertificate does not grant any coverage orrightstothecertificateholder.Ifthiscertificateindicatesthatthecertificate holderisanadditional insured,thepolicy(ies)musteitherbe endorsed orcontainspe-cific language providingthecertificate holder with additional insuredstatus.The certificate holderisan additional insuredonlytotheextentindicatedinsuch policy language or endorsement. Cancellation Intheeventofcancellationofanypolicy described above,theinsurer will attemptto mail 10 days written noticetothe certificateholderpriortotheeffectivedateofcancellation.However,failure todoso will notimposeanydutyor liability upon the insurer,its agents or representatives,norwillit delay cancellation. CGDS0101 10 Includes copyrighted materialof Insurance Services Office,Inc.,with its permission.©ISO Properties,Inc.,2000 Page 2 HI SCOxC Hiscox Insurance Company Inc. Policy Number:UDC-1306260-CGL-12 Named Insured:Will Tutor U LLC Endorsement Number:13 Endorsement Effective:November 23,2012 THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under thefollowing: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s)Or Organization(s) The Cityof South Miami 5800 SW 66th St Miami.FL 33143 Information required to complete this Schedule,ifnot shown above,will be shown in the Declarations. Section il -Who Is An Insured is amended to in clude as anadditional insured the person(s)ororgani zations)showninthe Schedule,butonlywith respect to liability for"bodily injury","property damage"or "personal and advertising injury"caused,inwholeor in part,by your acts or omissions or the acts or omis sions of those actingonyour behalf: A.In the performance ofyour ongoing operations;or B.In connection withyour premises owned byor rented toyou. CG20260704 ©ISO Properties,Inc.,2004 Page 1of1 Insurance and Indemnification Insurance and Indemnification Without limitingits liability,the proposingfirmshallbe required to procure and maintainatitsown expense during the life ofthe Contract,insuranceofthetypes andin the minimum amounts stated belowaswill protect the proposing firm,from claimswhichmayarise out of or resultfrom the proposingfirm's execution ofa contract with the CityofSouth Miami for Performance BasedAudits,whether such execution by the firm or byanysub-consultant,or byanyonedirectly or indirecdy employedbyanyof them or byanyonefor whose actsanyofthemmaybe liable. The CONTRACTOR/COMPANY shall not commence WORK onthis Agreement untilhehasobtained all insurancerequiredby the City.The CONTRACTOR/COMPANY shall indemnify andsave the Cityharmlessfromanyand alldamages,claims,liability,lossesandcausesofactionsofanykind or nature arising out ofanegligent error,omission,or actof the CONTRACTOR/COMPANY,itsagents, representatives,employees,Sub-Contractor,or assigns,incidentto arising outofor resultingfromtheperformanceoftheCONTRACTOR/COMPANYS professional services under this Agreement.The CONTRACTOR/COMPANY shallpayallclaims andlossesofanykind or naturewhatsoever,inconnectiontherewith,including the City's attorney's feesandexpensesinthedefenseofanyactioninlaw or equitybrought against the Cityarisingfromthe negligent error,omission,or actofthe CONTRACTOR/COMPANY,itsagents,representatives,employees,Sub-Contractor, or assigns,incidentto,arising out of or resultingfromthe performance ofthe CONTRACTOR/COMPANY'S professional servicesunderthis Agreement. The CONTRACTOR/COMPANY agreesandrecognizes that theCity shall not beheld liable or responsibleforany claims,including thecostsandexpensesofdefendingsuch claimswhichmay result from or arise out ofactions or omissionsof the CONTRACTOR/COMPANY,itsagents,representatives,employees,Sub-Contractors, sub-contractors,or assigns.Inreviewing,approving or rejectinganysubmissions or acts of the CONTRACTOR/COMPANY,theCityinnowayassumes or shares responsibility or liability ofthe CONTRACTOR/COMPANYS,Sub-Contractors,their agents or assigns. The CONTRACTOR/COMPANY shall maintainduringthe term ofthis Agreement the followinginsurance: A.Professional Liability Insuranceona Florida approvedformintheamountof $1,000,000 withdeductibleper claim if any,nottoexceed 5%ofthelimitof liability providingforallsumswhichtheCONTRACTOR/COMPANY shall become legally obligated topayas damages for claims arising out oftheservicesorwork performedbythe CONTRACTOR/COMPANY its agents,representatives,Sub- Contractors or assigns,orbyanypersonemployed or retainedbyhimin connectionwiththisAgreement.Thisinsurance shall be maintained forfouryears Insuranceand Indemnification July25,2012 after completion ofthe construction and acceptance of any Project covered by this Agreement.However,the CONTRACTOR/COMPANY may purchase Specific Project Professional Liability Insurance,in theamount and undertheterms specified above,whichisalsoacceptable. B.Comprehensive general liability insurance with broad formendorsement,ona Florida approved form including automobile liability,completed operations and products liability,contractual liability,severability ofinterestwith cross liability provision,and personal injury and property damage liability with limits of $1,000,000combined single limitperoccurrenceand$2,000,000 aggregate, including: •Personal Injury:$1,000,000; •Medical Insurance$25,000perperson; •Property Damage:$500,000 eachoccurrence; •Automobile Liability:$1,000,000 eachaccident/occurrence. C.Umbrella CommercialGeneral Liability insurance ona Florida approvedformwith thesamecoverageasthe primary insurance policy butintheamountof$1,000,000 perclaim. TheCity must benamedas additional "named"insuredfor all except Workers' Compensation,andreflectthe indemnification andholdharmlessprovision containedherein.Policy mustspecify whether itisprimaryorexcess/umbrella coverage.City must receive 10 daysadvance written notice of anypolicy modification and30daysadvance written notice ofcancellation,including cancellationfor non-payment of premiums.Allinsurance must remainin full forceand effect for the durationof the contract periodwith the City.The CONTRACTOR/COMPANY must provide not onlya"certifiedcopy"of the Binder but also the Policyitselfwith the name,addressand phone number of the agent andagencyprocuring the insurance. D.Workman's Compensation Insurance in compliance withChapter440,Florida Statutes,aspresently written orhereafteramended. E.The policiesshallcontainwaiverofsubrogationagainstCity where applicable,shall expressly providethatsuchpolicyor policies areprimary over any other collective insurancethatCitymayhave.TheCityreservestherightatanytimeto request a copyof the required policies forreview.All policies shall containa "severability of interest"or "cross liability"clause without obligation forpremiumpaymentofthe City. F.Alloftheaboveinsurancerequiredtobeprovidedbythe CONTRACTOR/COMPANY istobe placed withBESTratedA-8 (A-VIII)or Insuranceand Indemnification July25,2012 better insurancecompanies,qualified todobusinessunderthelawsoftheStateof Florida on approved Florida forms. The CONTRACTOR/COMPANY shall furnish certified copiesof all "Binders"or certificates of insurance totheCitypriortothe commencement ofoperations, which "Binders"or certificates shall clearly indicate thatthe CONTRACTOR/COMPANY has obtained insurance inthetype,amount,and classification asrequiredforstrictcompliancewiththisSectionandthatno reductioninlimitsby endorsement during thepolicyterm,or cancellation of this insurance shall beeffective without thirty(30)daysprior written noticetothe CITY. Compliancewith the foregoing requirements shall not relievethe CONTRACTOR/COMPANY ofhis liability and obligations underthisSectionor underany other portionofthis Agreement CONTRACTOR/COMPANY agrees to supplycopies of certificatesofinsurance to the City verifying the above-mentioned insurancecoverage. CONTRACTOR/COMPANY agrees to listCityasanAdditionalInsured of the CONTRACTOR/COMPANY'S General liability insuranceandshallprovide the City quarterly reports concerning anyandallclaims. Insuranceand Indemnification July 25,2012