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6To: From: DATE: SUBJECT: BACKGROUND: ACCOUNT: South Miami CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM The Honorable Mayor & Members of the City Commission Hector Mirabile, PhD, City Manager ~y. August 20, 2012 Agenda Item No.: hOd imp 2001 A Resolution authorizing the City Manager to enter into a Memorandum of Understanding (MOU) with Paxen Learning Corporation to provide the "Forward March Program". Paxen Learning Corporation's mission is to provide fundamental life, education, and workforce skills that together form the building blocks for better lives. The "Forward March Program" provided via Paxen, is a free program that provides adults with key work-readiness instruction in critical areas such as computer literacy and critical thinking, enabling learners to acquire and develop skills vital to strong candidacies and lasting success in the workplace. ATTACHMENTS: Resolution for approval 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31' 32 33 34 35 36 37 38 39 40 41 42 RESOLUTION NO.: ____ ~ ___ _ A Resolution authorizing the City Manager to enter into a Memorandum of Understanding (MOU) with Paxen. Learning Corporation to provide the "Forward March Program". WHEREAS, Paxen Learning Corporation provides the "Forward March Program" to be located at the Mobley Building in Suite 2; and, WHEREAS, Paxen Learning Corporation will provide all supplies and equipment to operate the "Forward March Program"; and, WHEREAS, the City of South Miami Parks and Recreation Department will provide the space, tables and chairs. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section I. The City Manager is hereby authorized to enter into the attached Memorandum of Understanding to. permit the Paxen Learning Corporation to provide the "Forward March Program" as part of the Parks and Recreation Program/Service offerings. Section 2. This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this, __________ 2012. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM, LANGUAGE, LEGALITY AND EXECUTION THEREOF: CITY ATTORNEY APPROVED: MAYOR COMMISSION VOTE: Mayor Stoddard: Vice Mayor Liebman: Commissioner Newman: Commissioner Harris: Commissioner Welsh: Memorandum of Understanding PARTIES: This Memorandum of Understanding (M.O.U.) is to establish details of an agreement between the Paxen Learning Corporation (Paxen) located at 710 Atlantis Road, Melbourne, FL 32901 (3211724-1033, office), (321/951-1617 fax) and City of South Miami located at 6130 Sunset Drive, South Miami, FL 33143 (305/663~6338, office). The parties agree as follows: AFFECTED PREMISES: 5825 SW 68 th Street, Suite 2, South Miami, FL 33143 USE OF PREMISES: Paxen shall use a meeting space located at 5825 SW 68th Street, Suite 2, South Miami, FL 33143 to deliver its adult program Operation Forward March. Operation Forward March is a hands-on, activity based program sponsored by the Department of Military Affairs and the State of Florida. Participants learn interpersonal, life, employee training, and decision-making skills. This program also offers job placement assistance and will serve approximately 20 adults Monday-Friday from 9:00am-3:30pm. A full-time site manager will oversee daily operations at the site. Eligible participants must be certified according to contract requirements. The target group will be recruited from City of South Miami. Paxen will be responsible for operation of the program, including staffing, curriculum delivery, participant and staff payroll processing and all communications with sponsoring agencies (the Department of Military Affairs and the State of Florida). City of South Miami will be responsible for recruitment. TERM: The agreement term will begin on November 12, 2012 and will terminate on December 7,2012. AGREEMENT PAYMENTS: PaxeD will not be required to pay any rental expenses while housed at this location. Any expenses such as office supplies and copy paper shall be the financial responsibility of Paxen. In addition, any other incurred expenses that are a direct cause of Operation Forward March will also be incurred by Paxen. PROPERTY AND PARTICIPANT INSURANCE: City of South Miami and Paxen shall each be responsible to maintain appropriate insurance for their respective interest in the Premises and property located on the Premises. PaxeD further agrees to maintain insurance on the participants of the Operation Forward March program. Paxen shall indemnify and hold harmless City of South Miami for any injury or claim made pursuant to PaxeD's program. KEYS: PaxeD will not be given keys to access the meeting space from which the program will be operating. 710 Atlantis Road, Melbourne, Fl32904 0 tel: 321.724.1033 0 fax: 321.951.1617 0 www.paxen.coin MAINTENANCE: City of South Miami shall have the responsibility to maintain the Premises in good repair at all times and perform all repairs necessary to satisfy any implied warranty of habitability. Paxen will ensure that inside areas utilized by the Operation Forward March program will remain in good repair and acceptable appearance. UTILITIES, SERVICES, AND EQUIPMENT: Paxen will be responsible for phone access via site manger cell phone or other acceptable method as determined by Paxen for use by Operation Forward March. Paxen will not be responsible for basic utilities (water, electricity etc.) for the premises. City of South Miami agrees to lend Paxen the following: chairs and tables. Paxen will be responsible for maintaining in good repair all furniture that will be borrowed for operational use from City of South Miami. Signed by: City of South Miami (Authorized Representative) Larry Pike, Chief Financial Officer Paxen Learning Corporation DATE: DATE: ---------------------- ··,r ----------------------- 710 Atlantis Road, Melbourne, FL 32904 0 tel: 321.724.1033 0 fax: 321.951.1617 0 www.paxen.com OP ID: DI ACORD" CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDIYYYY) ~ 09/10/12 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE .OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 727-447·6481 CONTACT NAME: Bouchard·Clearwater 727 ·449·1267 r11gN~o Ext): J FAX 101 Starcrest Drive jAic No): POBox 6090 E-MAIL ADDRESS: Clearwater, FL 33758·6090 ~n~~~~~~ 10 #: PAXEN·1 Eric Beck INSURER(S) AFFORDING COVERAGE NAIC# INSURED Paxen Learning Corporation INSURER A :Arch Insurance Company 11150 The Paxen Group, Inc. INSURER B : Hartford Insurance Company Paxen Huli Ke Alo, LLC INSURERC: Richard Semancik 710 Atlantis Road INSURER 0 : Melbourne, FL 32904 INSURERE: INSURERF: COVERAGES CERTIFICATE NUMBER' REVISION NUMBER' THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE I~~~r!-~~ 1(~8l5%~1 I (~~T~%JM.\,1 LIMITS LTR POLICY NUMBER GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 I-- A ~ ==rMERCIAL GENERAL LIABILITY NCPKG0228000 06/30/12 06/30/13 ~~~~~~~ YE~~c~~rYence) $ 300,000 I--CLAIMS-MADE [KJ OCCUR MED EXP (Anyone person) $ 10,000 I--PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 3,000,000 - ~'L AGGREGATE LIMIT APPLIES PER: PRODUCTS -COM PlOP AGG $ 3,000,000 POLICY il ~rRT !xl LOC Emp Ben. $ 1,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 -(Ea aCCident) A L ANY AUTO NCAUT00228000 06/30/12 06/30/13 BODILY INJURY'(per person) $ I---ALL OWNED AUTOS BODILY INJURY (Per aCCident) $ SCHEDULED AUTOS PROPERTY DAMAGE r--$ X HIRED AUTOS (Per aCCident) r-- X NON-OWNED AUTOS $ I-- $ X UMBRELLA LIAB ~ OCCUR EACH OCCURRENCE $ 5,000,000 I-- EXCESS LIAB CLAIMS-MADE AGGREGATE $ 5,000,000 A NCUMB0228000 06/30/12 06/30/13 i----DEDUCTIBLE $ X RETENTION $ 10,000 $ WORKERS COMPENSATION X I T~~~I~JNs I IOJ~- AND EMPLOYERS' LIABILITY YIN B ANY PROPRIETOR/PARTNER/EXECUTIVE D 21WBAE8497 06/30/12 06/30/13 E.L. EACH ACCIDENT $ 500,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory In NH) E.L. DISEASE -EA EMPLOYEE $ 500,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ 500,000 A Professional Liabi NCPKG0228000 06/30/12 06/30/13 Limits $1 Mill$3MiI A Abuse &Molestation NCPKG0228000 06/30/12 06/30/13 Limits $1 Milf$3MII DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) CERTIFICATE HOLDER CANCELLATION CITYOF SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CITY OF SOUTH MIAMI THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN· 5825 SW 68TH ST SUITE 2 ACCORDANCE WITH THE POLICY PROVISIONS. SOUTH MIAMI, FL 33143 AUTHORIZED REPRESENTATIVE I ~ © 1988·2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD