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COOPERATIVE AGREEMENT (2)COOPERATIVE AGREEMENT North Greenwood Recreation and Aquatic Center Contract Dates: July 1, 2015 to June 30, 2016 THIS AGREEMENT made and entered into this July 1, 2015 by and between THE SCHOOL BOARD OF PINELLAS COUNTY, FLORIDA, hereinafter referred to as the "BOARD," and CITY OF CLEARWATER, FLORIDA, hereafter referred to as "CLEARWATER AQUATIC CENTER ". WITNESSETH: WHEREAS, the BOARD is committed to providing an appropriate course credit recovery program to assist students behind in credits to graduate on time; and WHEREAS, the BOARD and CLEARWATER AQUATIC CENTER are committed to providing an intervention program for children to have an opportunity to recover credits and graduate on time; and WHEREAS, CLEARWATER AQUATIC CENTER will provide such program facilities at, NORTH GREENWOOD RECREATION AND AQUATIC CENTER located at 900 N. Martin Luther King Jr. Avenue, Clearwater, FL 33755; a nd NOW, THEREFORE, in consideration of the foregoing, the parties agree as follows: 1. The BOARD shall provide the Educational Alternative program by providing online learning for students identified in need of recovery credit for graduation. The BOARD shall also provide Educational Alternative certified, highly qualified, classroom teachers who will be teachers of record or facilitators of the online learning process at CLEARWATER AQUATIC CENTER. Supplies, textbooks, technology, support services and professional development will be provided based on available funding. 2. The BOARD will provide a professional staff which will assist in the coordination of the program's operation. 3. The BOARD shall provide appropriate computers, Internet access and printing capabilities in a mobile case with appropriate locks for security. 4. The day -to -day management of the program shall be conducted in coordination with the BOARD administrator of Educational Alternative Services. 5. CLEARWATER AQUATIC CENTER shall provide the necessary classroom space for up to 18 students per semester at CLEARWATER AQUATIC CENTER for a minimum of 2 days a week. 6. The program will serve at -risk students in grades eight through twelve and their families. The program offers an opportunity for high school students to improve their grade point average and recover credits failed and for middle school students to recover lost work from courses. School counselors and educational alternative specialists provide services to the students and parents for AGREEMENT CITY OF CLEARWATER, FLORIDA - CLEARWATER AQUATIC CENTER on time graduation requirements. The instructors shall exchange appropriate information as required and in a manner consistent with Florida Statutes, rules and professional ethics. 7. Classes shall be held during the times indicated on the master schedule. 8. The BOARD and CLEARWATER AQUATIC CENTER coordinator will collaboratively develop a Safe Learning Environment / Crisis Plan. The plan will include provisions for insuring the safety of educational personnel, students, and BOARD equipment. Any emergency cancellation of school must be done in coordination with the administrator of Educational Alternative Services or designee. 9. The method of disciplining students unable to cope with the program shall be discussed by the instructors with the appropriate administrator. The administrator of the program must be notified to assist prior to disciplinary action. 10. The BOARD'S instructional calendar shall be applicable to the CLEARWATER AQUATIC CENTER Program. The program coordinator /administrator at CLEARWATER AQUATIC CENTER shall be responsible to the BOARD'S administrator of Educational Alternative Services and will work in cooperation with the school -based principal. 11. CLEARWATER AQUATIC CENTER shall comply at all times during the term of this Agreement at its own cost with the background screening requirements of Florida law, including Sections 1012.465, Florida Statutes, as applicable, and follow applicable District procedures for compliance with such laws, if applicable. 12. CLEARWATER AQUATIC CENTER agrees to comply with all applicable Florida Statutes and applicable rules of the BOARD and State Board of Education and federal legislation including but not limited to the Civil Rights Act of 1964 as amended; Section 504 of the Rehabilitation Act of 1973 as amended; Title IX of the Education Amendment Act of 1974; and the Individuals with Disabilities Education Act. 13. In the event that the instructional staff and CLEARWATER AQUATIC CENTER personnel are unable to agree upon a function not specified in this agreement, the coordinator of services at CLEARWATER AQUATIC CENTER and the BOARD'S administrator of Educational Alternative Services will attempt to resolve any differences which may arise under this agreement. In the event such differences cannot be resolved between the personnel described herein, any such disagreement shall be submitted to the BOARD's area superintendent and the CLEARWATER AQUATIC CENTER administration for resolution. 14. Neither party shall assign this agreement; however, it may be modified in writing by the parties by mutual agreement. [A04 -01801 /168905/1] 2 AGREEMENT CITY OF CLEARWATER, FLORIDA - CLEARWATER AQUATIC CENTER 15. This agreement shall be effective upon execution, and shall terminate June 30, 2016. Either party may terminate this agreement without cause upon thirty (30) days written notice to other party. 16. The BOARD and CLEARWATER AQUATIC CENTER agree to be fully responsible for their own acts of negligence, or their respective agents' acts of negligence when acting within the scope of their employment, and agree to be liable for any damages proximately caused thereby; provided, however, the BOARD and CLEARWATER AQUATIC CENTER agree that the BOARD'S and CLEARWATER AQUATIC CENTER's liability is subject to the monetary limitations and defenses imposed by Section 768.28, Florida Statutes. Nothing herein is intended to serve as a waiver of sovereign immunity by the BOARD or the CLEARWATER AQUATIC CENTER, nor shall anything herein be construed as consent by the BOARD or the CLEARWATER AQUATIC CENTER to be sued by any third party for any cause or matter arising out of or related to this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first above written. THE SCHOOL BOARD OF PINELLAS COUNTY, FL By: Attest: Chairperson Superintendent Date signed: ! " — 9 2015 Approved as to form: Scher! : oard A #ney's Office CITY OF CLEARWATER, FLORIDA By: Title: City Manager Attest: Title: Date signed: [A04 -01801 /168905/1] 3