THE SCHOOL DISTRICT OF PALM BEACH COUNTY
Request for Document Approval by Legal Services
DIRECTIONS:  Allow two weeks for review and approval. DO NOT use "ASAP" for a required date. A specific due date is required. Your document may be returned for failure to complete the information below.
Date Submitted       0 7 / i 9 / 2 0 0 5      Number of Copies Submitted	'
Name of Document   Cooperative Agreement The School Board of Palm Beach County and Workforce Alliance, Inc.
School/Department Submitting Choice Programs and School Choice __________________________
Contact Person   Mary R. Vreeland______________ Telephone   (  561   )  434   -  7371     px      47371
Date Required   07/26/2005   (DO NOT use "ASAP" - a specific date is required}
Is this a continuation/duplication of prior document?    Q Yes     ^ No
If any changes, are they marked? _______________________________________
Is substance of document acceptable to your Assistant Superintendent or Director?   K! Yes     d N o
Are permits required?   Q Yes      Kl No
Have required permits been obtained?   D Yes      D No       53 N/A
Do you wish to pick up document?     Kl Yes      D No   ..................... Pony?   D Yes     d No
Comments:

 

2 1 ZQQ5

BY LEGAL SERVICES

SIGNATURE Of DffARTMENT HEAD OR AREA EXECUTIVE

Attorney Assigned
^- ^,-J______        Date of completion by Attorney      // 2

PBSD 1733 (NEW 4/23/1999)

Board Item Board Meeting
Name of Contract: Coop Agmt - Workforce Alliance
Adds Jessica Lunsford Act Language

CONTRACT REVIEW CHECKLIST
Date
Consistency with Law and School Board Policy:
Comments
Consistent with School Board Policy
	V
	
Consistent with Florida, federal and local laws
	V
	
Contract Terms:
Comments
Term (Duration of Contract)
	N/A
	
Termination Clause
	V
	
Insurance /Liability Issues/ Indemnification
	Risk Management should review and approve all insurance clauses.
	
Regulatory issues
	None
	
Confidentiality Provision
	Yes
	
Warranties
	V
	
Labor Issues
	The Labor Relations Department should review any issues.
	
Disclaimers
	None
	
Governing Law & Venue
	Florida; Palm Beach County

Business Principles:
Comments

Sound Business Principles
	V
	
Reasonableness of Fees
	N/A
	
Payment Terms —Lump sum, installments --Payment Due dates --Late fees
	N/A
	
Other Issues:
Comments
Conflict of Interest Disclosures
	None
	
Non-Neqotiabie Issues
	None
	
Miscellaneous Issues
	None
	
Appropriate Departmental Sign-off
	Yes
	
Special Considerations; Previously approved -    "Jessica Lunsford Act" language added

The issues noted above were explained 10 me appropriate District staff arid/or Division/Chief/     YES    NO
> " 3
Sy: Attorney (Name and Date)
CADocuments and Settings.^ hochet\Dcsktop\checklist.doc

COOPERATIVE AGREEMENT
THE SCHOOL BOARD OF PALM BEACH COUNTY
AND WORKFORCE ALLIANCE, INC.
This Agreement is made between the School Board of Palm Beach County and Workforce Alliance, Inc. This contract is made and entered into this 22nd day of September, 2005, by and between the School Board of Palm Beach County, Florida, hereinafter referred to as the 'District" and Workforce Alliance, Inc. hereinafter referred to as the "Agency."
WHEREAS, it will be of benefit for the District and the Agency to enter into a mutual agreement in order to provide educational and workforce development services for youth; and,
WHEREAS, the Agency certifies to the District that it is a non-profit organization chartered by the State of Florida to provide the above referenced services; and,
WHEREAS, the District will identify collaboralively the sites for these services for students as identified and/or coordinated by the student's home school; and,
WHEREAS, services provided by the Agency will be offered only to students identified by the student's home school who are determined to be eligible under the Agency's state and federal guidelines; and
W1TNESSETH
NOW THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as hereinabove specified and as follows:
I.	GENERAL TERMS - MUTUAL RESPONSIBILITIES
A.	Term:     The term of this Agreement shall commence on the 22nd day of September. 2005 and
terminate on the 30th day of June, 2007, unless otherwise terminated in accordance with any provisions of this Agreement
B.	This Agreement may be terminated for any reason or no reason at all, by either party at any given time
upon giving not less than 30 days written notice to the other party.
C.	The parties recognize (heir respective liability for certain tortuous acts of their agents, officers,
employees and invitees, and agree to be responsible respectively for all claims, liability, losses, and/or causes of action that
may arise from any negligent act or omission due to the acts of its agents, servants, or employees, to the extent and limits
provided by law, said governmental entities subject to the limits provided in Section 768.28, Florida Statutes, the State of
Florida's partial waiver of Sovereign Immunity; provided, however, that this provision shall not be construed as a waiver of
any right or defense that the governmental entities have under said statute. Each party covenants to maintain sufficient
professional, general liability and worker's compensation coverage, unless self-insured, regarding its respective liability,
throughout the term of Agreement.
D.	Independent Agency: The Agency shall perform Ihe conditions of its Agreement as an independent
Agency with all licensure, as appropriate, and nothing contained herein shall be construed to be inconsistent with this
relationship or status.
E.	Confidentiality: This Agreement in no way shall interfere with the private treatment procedures of
students as carried out independently by the Agency. Such records bearing on said relationship and treatment shall not
constitute a public record and will be held by the Agency. The Agency shall comply with all state and federal laws governing
the confidentiality of student records. Periodic reports of student progress through this Agreement shall be included with the
school records and shall be considered a part of the student's school record.

F.	The Agency hereby agrees that it now complies, and shall continue to comply as long as this
Agreement is in effect, with the Civil Rights Act of 1964, Title IX of the Education Amendments of 1974, the American
Disabilities Act, Section 504 of the Rehabilitative Act of 1973, and the Individuals with Disabilities Act, as amended.
G.         Assignments and Subcontracts: The Agency shall neither assign the responsibility of this Agreement to another party nor subcontract for any of the services contemplated under this Agreement.
H.         Governing: This Agreement shall be governed by the Laws of Florida. In the event of litigation between the parties to this Agreement venue shall lie in Palm Beach County, Florida. If any provisions of this Agreement are found (o be in violation of local, state, or federal rule, law or regulation, this Agreement shall be modified to comply with such law, rule or regulation. In the event any portion of the Agreement is declared invalid, the remainder of the Agreement shall remain in force.
I.	This Agreement may be amended or modified in writing by the District or Agency as deemed necessary,
with the prior consent of the other party. The effective date of Ihe amended Agreement is contingent on mutual consent,
given in writing by both parties after written notice of amendments.
J.	The Agency shall at all times comply with applicable local, state and federal law, rules and regulations,
including standards for health and safety of the student.
K.         Notice:   Notice under this Agreement may be given to the District by U.S. Mail to The Department of Choice Programs and School Choice, 3330 Forest Hill Boulevard, C-124, West Palm Beach, Florida 33406.
II.	RESPONSIBILITIES OF THE DISTRICT
A-         The District will identify students who are in need of the Agency's services for school related issues, and make appropriate referrals through the school. If Ihe Agency is providing services to the student for issues that do not impact the student's academic progress, the Agency may not see the student during school hours. The District will secure informed parental permission for said services. Parental permission shall be required prior (o access to student records.
8.	The District shall provide a space for agency staff to meet with the student in accordance with privacy
and safety.
C.	At the principal's discretion, the Agency shall have computer access to provide a link to Ihe Agency-
based data files
D.         The District will assist in scheduling the Agency to see (he student to avoid meeting with the student during core-subject area times.
III.	RESPONSIBILITIES OF THE AGENCY
A.   An eligible service provider (Agency) shall, as hereinafter set forth, meet the following criteria:
1. Require fingerprint documentation and security clearances to include associated fees for all service providers. Refer to attachment: Addendum, Concerning Fingerprinting.
2.    Maintain appropriate occupational and professional licenses, and provide a public entity affidavit.
3.    Duly execute the attached Business Associate Contract.
4.    Present appropriate identification to school staff.
5.   Sign in at the school center at each visit
6.    Provide a signed release from the parent as appropriate.
7.    Meet with the prindpal/designee to determine appropriate time, schedule, and/or location of service delivery.
8.    Develop a reporting and visitation schedule.
9     Develop a process to advise staff regarding issues of concern.
10.  Update principai/designee of student progress.
11.  Assist in the evaluation of the program/service.
12.  Attend school-based team meetings, as requested.
13.  Follow all rules and regulations of the school district.
14.  Maintain confidentiality regarding school issues.

15. Comply with the principal's request(s) in the event of an emergency.
16. Update staff listing in accordance with this agreement.
B.	The Agency shall staff the program and assure that all staff is properly credenfialed. The Agency shall
be responsible for ail personnel issues of their staff in the execution of this Agreement The Agency shall maintain and incur
all costs and expenses of any and all licenses and permits required by law or ordinance to provide services.
C.         Personnel issues regarding conduct of personnel may be initiated by either party, the Workforce Alliance Director, or ttie building principal. They may utilize the formal mediation process used by the District.
0.         The Agency shall take the premises as they are at (he time of occupancy. In the event die Agency finds it necessary to remove or change ttie location of any equipment, the changes shall be made by the Agency at tie Agency's expense and shall be replaced as found; provided that no removals or changes shall be made without the prior consent of the District All deliveries ordered should have the prior consent of the district.
E.         The Agency may provide the following services at the school site: individual student consultation and parent support services.
F.         Supervision of the Agency employees will be the responsibility of the Agency. While on school grounds the Agency employee will be responsible to the principal. The Agency will provide the principal or designee with a written description of services that will be provided, name(s) of studentfs) that will be served, and the length and duration of services before services begin at Ihe school site. The Agency will provide the principal, or designee, with a release signed by the parent/guardian. The Agency will give school personnel 48 hours notice prior to meeting with a student in the school.
G.         If the family of a student chooses to have the Agency or representative provide necessary services, the family may need to meet specific criteria as established by the Agency.
H.         The Agency shall maintain a plan of service per identified student, which is reviewed in accordance with ' school personnel. The Agency will provide a copy of the plan of service to related school personnel prior to services being provided to ensure effective planning and congruence of services provided to the student. The Agency shall maintain a record of students receiving services and provide the District with a summary of all services provided on a schedule established by school personnel.
I.	Agency personnel shall present a current data photo identification badge to the main office each time a
school is visited.
J.	The Agency shall participate, if needed, at school sites, as a consultant or on an as-needed basis.
K.	The Agency shall notify school personnel of any staff/personnel changes within one (1) week of the
change.
L.	The provision of services, as stated in this Agreement will be provided with the approval of the principal
or the District designee and will be consistent with school policies and procedures.
M.	Pursuant to School Board Policy 5,50, receipt of which is acknowledged by the Agency's signature
below, the School District hereby designates the Agency for purposes of receiving limited personally- identifiable student
information under FLA. STAT. § I002.22(3)(d)2 because the School District recognizes ttie Agency has legitimate
educational interests in receiving this information in order to carry out the Agency's responsibilities for the school or District
under the Agreement.  As a condition precedent to receiving confidential student information, the Agency agrees to the
following:
1 ..will limit the use of, or access to, confidential student information to the limited scope of information actually needed to complete the services under contract. The District has determined that the Agency has a legitimate educational interest in receiving only the following fields of student data [name, grade-level, school attending, grades, test scores, attendance records and other such data required tor benchmarking student goal attainments and program outcomes].

2. will limit the access to student information to its employees and/or agents who actually have a legitimate educational interest in the information (i.e., they legitimately need to access the information in order to carry out their responsibilities under the Agreement); and
3. shall avoid, and shall instruct applicable employees/agents to avoid, accessing personally-identifiable student information except for the legitimate purposes recognized under this Agreement and shall require that all employees/agents accessing (he data must be trained in, and sign an acknowledgement regarding, the confidentiality requirements; and
4. will comply with the requirements of Fla. Admin. Code Rule 6A-l.0955{6)(g), that student information shall not be disclosed by the Agency in any form to any party other than appropriate school officials or the Agency's employees/agents to the extent allowed herein (even if the document is first redacted to remove personally-identifiable information), without the prior written consent of the adult student or the parent/guardian, as appropriate; and
5. shall maintain any confidential student information in secure data processing facilities or in securely locked cabinets, and the Party shall monitor the security and safekeeping of the confidential data; and
6. will dispose of all information disclosed to it by the School District (and any copies thereof), after the purpose for which the information is disclosed has been served, or five years after die receipt of the information (whichever is sooner), by shredding paper documents timely enough to prevent possible recovery of information, and by totally erasing and over-writing (or physically destroying) any electronic media such as computer files, tapes, or diskettes, or physically destroyed.

IN WITNESS WHEREOF, This agreement has been executed on the date and year first written above. This Agreement shall cover the period  September 22 . 2005 through  June  30_____ 2007.

For Workforce Alliance, Inc.
For The School Board
of Palm Beach County, Florida

Kathryn Schmidt, President and CEO Date;___________

Thomas E. Lynch, Chairperson Date:____________

Arthur C. Johnson, PhD., Superintendent Date: ______________

Reviewed By:_^
- Office of Chief Counsel

Date:.

Addendum, Concerning Fingerprinting,
to the Agreement Between the School Board of
Palm Beach County ("School Board") and
Workforce Alliance. Inc.   ("Provider")
The parties have entered into an Agreement ("Agreement") dated September 22, 2005 for the Provider to provide certain services to the School District. The parties wish to amend the Agreement based upon the terras and conditions contained herein. The following language is hereby incorporated into the Agreement:
All individuals who are permitted access on school grounds when students are present, individuals who will have direct contact with children or any student of the School District, or will have access to or control of school funds must be fingerprinted and background checked. Provider agrees to have all such personnel undergo a background check and fingerprinting if he/she is an individual who meets any of the above conditions and to require that all individuals in the organization who meet any of the conditions to submit to a background check, including fingerprinting by the School District's Police Department, at the sole cost of Provider. If Provider can demonstrate to the contracting department that it is not practicable to have the fingerprinting done by the School District's Police Department, Provider will be permitted to have the fingerprinting and clearance done by another appropriate agency, with the report of the results to be immediately transmitted to the School District's Police Department which shall be the sole determiner of clearance. Provider shall not begin providing services contemplated by this Agreement until Provider receives notice of clearance by the School District. The School Board, nor its members, officers, employees, or agents, shall not be liable under any legal theory for any kind of claim whatsoever for the rejection of Provider (or discontinuation of Provider's services) on the basis of these compliance obligations. Provider agrees that neither the Provider, nor any employee, agent or representative of the Provider who has been convicted or who is currently under investigation for a crime delineated in Florida Statutes § 435.04 will be employed in the performance of this contract
The parties acknowledge that the terms of this Addendum supersede any inconsistent terms in the existing contract.
IN WITNESS WHEREOF, the parties hereto have executed this Addendum:
[ Provider]	The School Board of Palm Beach County
By: _______________	By: ______________
Date:	Date:
SASecondaryEd ucaliwiyxiW ic\SU5AN B\f ingetprinti na-Provid etN EW2.doc