PARTCHERSHIP SCHOOL/NORTH WARD FOR 1998-00 SCHOOL YEAR
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AGREEMENT FOR PARTNERSHIP SCHOOL
THIS AGREEMENT is made and entered into this 10lh day of March, 1998 by The Schooi Board of
Pinellas County, Florida, hereinafter referred to as "School Board," with offices at 301 - 4th St. SW, Largo,
Florida 34640-3599, and The City of Clearwater hereinafter referred to as the "Host Partner" with P,O, Box
4748, Clearwater, Florida 33758,
WITNESSETH
The following definitions are applicable throughout this Agreement:
Definitions:
a, Partnership School - The Partnership School shall mean a school of the School Board of Pinellas County in
Pinellas County, Florida, for the purpose of educating Eligible Students, as hereinafter defined, of qualified
Host Partner employees,
b, Eligible Student - An Eligible Student shall mean a dependent of a regular full-time or regular part-time
employee of the Host Partner, The student shall be of the age to attend the grades offered at the Partnership
School in accordance with established School Board guidelines.
c. Physical Facility - The Physical Facility shall consist of the land, buildings, equipment and associated
structures provided by the Schooi Board,
WHEREAS, the School Board wishes to provide an appropriate educational program for Eligible
Students in the grades offered at the Partnership School located in the Physical Facility at North Ward
Elementary, hereinafter referred to as "Partnership School" commencing with the 1998-99 school year; and
WHEREAS, the Schooi Board is responsible for establishing and directing the curriculum at the
Partnership School; and
WHEREAS, the parties wish to enter into this Agreement to establish a Partnership School with City of
Clearwater, commencing with the 1998-99 school year,
NOW, THEREFORE, in consideration of the mutual covenants, conditions and terms contained herein,
the parties agree as follows:
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1 . The criteria for determining which students are eligible for enrollment in the Partnership
School shall be determined by the Host Partner and the School Board. To the extent possible, the selection of
students will result in a racial balance that complies with the desegregation order in the case of Bradley. et al
vs, School Board of Pinellas Countv, Federal District Court Case 64-98-CIV-T-H. The parties agree the
School Board retains sole responsibility for compliance with Bradlev and any additional administrative or
legal requirements relating to desegregation.
2. This Agreement shall commence on August 19, 1998, and terminate on August 19, 2002, It
shall be deemed to be automatically renewed by the parties unless either party gives written notice of not less
than sixty (60) days prior to the termination date to the other party of such party's intention to terminate
this Agreement. This Agreement may be terminated for breach of the covenants herein by either party
provided the nonbreaching party provides written notice of such breach and the breaching party fails to cure
such breach within sixty (60) days of the date of the written notice. However, such termination will coincide
with the end of a semester in order to provide a smooth transition to another school.
3. The Partnership School will be housed in North Ward Elementary School.
4, The educational program of the Partnership School is the sole responsibility of the School
Board and shall be consistent with the philosophy, policy, and procedures and goals of the School Board,
applicable state and federal statutes, State Board of Education, and School Board rules, The program includes
all elementary grade levels,
5. The School Board agrees that the Partnership School shall operate on the same basis, and the
School Board shall provide the same services, as all other Pinellas County Public Schools for the grade levels
offered at the Partnership School to include, but not be limited to, such services or materials as:
a. Instructional personnel and teache(s aides on substantially the same basis as
provided to other Pinellas County Public School programs.
b, Instructional materials as provided regular classes in other Pinellas County
Public Schools.
c, Ancillary student and parent support services, e,g" guidance or student services
programs, as are provided within the normal course within the Pinellas County Public
Schools.
d. Appropriate furniture and equipment and maintenance of same.
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This provision shall not be construed to require the School Board to offer at the Partnership School, any or all
of its programs for exceptional student education.
The Host Partner may, at its option, subsidize the Partnership School to provide additional programs,
resources, personnel, etc" which are beyond normal guidelines for Pinellas County Public Schools,
6. The Host Partner upon request will provide:
'In-kind printing
'Trees trimmed by city employees
'A lamppost to add lighting to the north side of the school
'Volunteers to work with or mentor students
'Help with landscaping and maintenance
'Police/Fire substation partnership
'Environmentalist to work with classes
'Special luncheons: Harborview Center chef for help with special occasions
'City support from computer and television personnel
'Like kind supplies
7, The Host Partner and the School Board will cooperate to provide.
a Written procedures for intake and continued eligibility of students as mutually
agreed upon by the parties as soon as possible after execution of this Agreement. These
procedures will provide that in the event a student ceases to attend the Partnership
School, he or she shall be assigned to his or her zoned school.
b. Full compliance with School Board procedures to protect the confidentiality of
student records maintained at the Partnership School, as specified in 228,093, Fla,
Stats., the Family Educational Rights and Privacy Act, and Florida Administrative Code,
Ruie 6A-1.0955.
8. The School Board shall not be responsible for the Host Partner's students' transportation to and
from the school.
9, In the event of a dispute or disagreement arising under this Agreement, the School Board and
the Host Partner shall follow the procedures stated in the following paragraph in an attempt to end the dispute.
The procedures described will not replace or supersede any other remedy to which either party is entitled in
this Agreement or under applicable law, Moreover, the procedures will not be construed as an agreement to
arbitrate,
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The parties' management personnel will attempt in good faith to resolve any dispute or disagreement indicated
or suggested by either party. If, in the opinion of either party, the dispute or disagreement is not being
resolved expeditiously or in good faith, either party may request in writing that the executive management of
both parties meet to resolve the dispute or disagreement. Such a meeting must occur with ten (10) business
days of the non-requesting party's receipt of the requesting party's written notice, Such a meeting will
include the Superintendent of Schools and the City Manager or their designees. Such a meeting must occur as a
prerequisite to either party initiating legal action against the other party.
If, after holding a meeting as described in this paragraph, the dispute or disagreement remains unresolved,
either party may initiate any action it deems to be appropriate,
10, The Host Partner must comply with all conditions of the Civil Rights Act of 1964 in the
performance of this Agreement.
11 . This Agreement may be modified or amended only by mutual consent of the parties in writing,
12. The Host Partner shall have no responsibility for the operation of North Ward Elementary
School, nor shall it be liable for any School Board related activities which occur in the operation of the school
or on the property upon which North Ward Elementary School is operated,
13. Either party hereto shall not be liable or responsible for damages or in any manner whatsoever
to the other party for failure or delay in performing or fulfilling any provision of this Agreement when such
failure or delay is due to fire, strikes, war, civil commotions, labor or employment difficulties, acts of God,
acts of public authorities, or delays or default caused by public carriers or for any other actions or causes
whatsoever, similar or dissimilar, which cannot reasonably be forecast or provided against and which cannot
be overcome by due diligence, In such event, the time for performance shall be extended for the period of
continuance of such force majeure condition; provided, however, that the party raising such cause shall (il
promptly, after having knowledge of the cOmmencement thereof, notify the other party in writing of the
nature of such cause and the expected delay, (Ii) continue to keep the other party informed as to the
conditions, (ili) take all reasonable steps to eliminate such cause of the delay, and (iv) shall continue
performance hereunder with the utmost dispatch whenever such reason or cause is removed, In the event any
of such cause or causes shall continue for a period of six (6) months, the parties hereto shall mutually
discuss the matter and the course of action to be taken.
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IN WITNESS HEREOF, the parties have hereunto set their hands and seals the day and year first above
written.
Witness:
THE SCHOOL BOARD OF PINELLAS COUNTY,
FLORIDA
C-~d.<Y'-i C7'~~'?'~
As to "School Board'
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APPROVED AS TO FORM:
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superi,n,t::d~nl:n ,nIi/ ' ,
Date:'-" I , 998
CITY OF CLEARWATER, FLORIDA
Countersigned:
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By:
Rita Garvey
Mayor-Commissioner
Michael J. Roberto
City Manager
APPROVED AS TO FORM:
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John Carassas
Assistant City Attorney
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Attest:~
"',~.ILa: ~- " rLeu.u
.,L,n9Ynthia. '" Udea, U , ~
o ' 'City Clerk .,' . . . .
Date: 3-Z€) ~ q'iii'
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