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2011-099-1492 - MOU Independent Living Community Services City of Miami Gardens Agenda Cover Memo Council Meeting Date: June 22, 2011 Item Type: (Enter X in box) Resolution Ordinance Other X Fiscal Impact: (Enter X in box) Yes No Ordinance Reading: (Enter X in box) 1st Reading 2nd Reading X Public Hearing: (Enter X in box) Yes No Yes No X Funding Source: N/A Advertising Requirement: (Enter X in box) Yes No Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: X Strategic Plan Related (Enter X in box) Yes No Strategic Plan Priority Area: Enhance Organizational Bus. & Economic Dev Public Safety Quality of Education Qual. of Life & City Image Communication Strategic Plan Obj./Strategy: (list the specific objective/strategy this item will address) N/A X Sponsor Name Dr. Danny Crew, City Manager Department: Parks and Recreation Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY THAT CERTAIN MEMORANDUM OF UNDERSTANDING WITH INDEPENDENT LIVING COMMUNITY SERVICES, INC., TO ADMINISTER WELLNESS AND FITNESS SERVICES TO SENIOR CITIZENS, ATTACHED HERETO AS EXHIBIT “A”; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. Staff Summary: Background Information The Parks and Recreation Department is committed to enhancing the lives of senior citizens residing in Miami Gardens. The Department currently has 210 seniors, age 50 and older, enrolled in its Senior Program. The ITEM K-4) CONSENT AGENDA RESOLUTION MOU w/Independent Living Community Services, Inc. 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 participants are very active and want to be engaged in the Department’s mission to make Miami Gardens a healthier community. Additionally, the Department launched the SilverSneakers program with 250 participants. The City executed a Memorandum of Understanding (MOU) with the Key Biscayne Foundation to offer certain classes for seniors (free of charge) at the Betty T. Ferguson Recreational Complex. The classes included Matter of Balance and EnhanceFitness, and quickly filled to capacity. The Matter of Balance class takes place once per week for 2 hours. This class provides participants with the confidence to view falls as controllable, reduce fall risks, low impact excersises to increase strength and goal setting. The Enhanced Fitness class takes place three times weekly for 1 hour. This class provides attendees with a fun way to obtain improved flexibility and bone density. Participants are engaged in the aforementioned exercise classes with a certified instructor. Current Situation Independent Living Community Services (ILCS) is a healthcare management services company focused on partnering with providers, payors and public sector entities to administer services to elderly populations and individuals with chronic illnesses and/or other special needs. ILCS has reached out to the City of Miami Gardens and provided two Living Healthy workshop series consisting of 2 ½ hour sessions once per week for six (6) weeks. These workshops provided valuable information to our seniors in overall health management. The Parks and Recreation Department is seeking to not only provide additional fitness classes to Seniors, but to also spread the availability of the classes to various parks throughout the City. To that end, Staff recommends the execution of a MOU with Independent Living Community Services. By entering into a MOU, ILCS will provide workshops and classes at various recreational facilities at no charge to either the City or participants. This MOU will allow ILCS to offer up to three different classes/workshops. These workshops include Living Healthy, which includes a Diabetes Self‐Management Program (6 weeks for 2.5 hours once per week), Matter of Balance (8 weeks for 2 hours once per week), and the possibility of the Fit and Strong Program (8 weeks for 1 hour three times per week) pending grant approval. The aforementioned programs will take place Monday, Wednesday and/or Fridays at Miami Carol City Park Recreation Building starting at 11am. The classes will be offered to the members of the City’s Senior Program first and based upon space availability, will then be extended to any senior that would like to participate. If the classes at this site prove successful, the Department will look to venture to additional park facilities. Proposed Action: That City Council approve the resolution authorizing the City Manager to execute the attached Memorandum of Undertanding between the City and Independent Living Community Services. 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Attachment: Attachment A‐Memorandum of Understanding‐Independent Living Community Services Attachment B‐Addendum to Memorandum of Understanding Attachment C‐CDSMP License Agreement Attachment D‐Matter of Balance License Agreement MOU IndependentLivingSystems Page 1 of 2 EVIDENCE-BASED PROGRAM INDEPENDENT LIVING COMMUNITY SERVICES, INC MEMORANDUM OF UNDERSTANDING (MOU) This MOU is entered into on _____ /_____ /_____, by and between: Independent Living Community Services, Inc. (ILCS) 5201 Blue Lagoon Dr #270, Miami, Fl 33126 AND herein known as the City of Miami Gardens This MOU will remain effective until terminated as agreed herein. This MOU forms a capacity building partnership with ILCS, the lead partner working with the Health Foundation of South Florida (HFSF), and the City of Miami Gardens to implement Stanford University’s Chronic Disease Self-Management Program (CDSMP) and Diabetes Self Management Training (DSMT), Matter of Balance (MOB), and other Evidence Based Programs that ILCS and the City of Miami Gardens wish to implement. This MOU serves to define each partner’s role and responsibilities. ILCS is a provider under the Healthy Aging Regional Collaborative (HARC), an initiative of HFSF, and they may be offering additional Evidence Based Programs, either HFSF or ILCS will hold the appropriate license from Stanford University for program as well as other licenses needed. The terms below, as related to CDSMP, DSMT, MOB and any Evidence Based Program (EBP) implementation, fidelity and sustainability to the EBP are mutually agreed upon. Subject to funding and within reasonable parameters, ILCS Agrees To: 1. Provide ongoing EBP technical assistance and support to Lay Leaders and partners. 2. Update the EBP, CDSMP, DSMT, MOB Statewide Database of Lay Leaders and follow protocol for protecting confidentiality. 3. Maintain and circulate the EBP, CDSMP, DSMT, MOB Calendar. 4. Serve as a clearinghouse for ordering EBP books and CDs at a discounted rate or provide a “lending library”. 5. Facilitate and share information pertaining to program changes, developments and resources. 6. Provide approved marketing materials and sample forms. 7. Participate in EBP projects which seek to explore program reimbursement and sustainability. 8. Coordinate the data collection and evaluation process and provide necessary training. 9. Adhere to the license agreement as set forth by the applicable programs. The City of Miami Gardens Agrees To: 1. Seek technical assistance and support as necessary. 2. Complete the Partner and Lay Leader Contact Information Survey on an annual basis. 3. Post notices of all Participant Workshops and Lay Leader Trainings and work collaboratively with ILCS with regards to planning Lay Leader Trainings and recruitment for all programs offered on-site or in an agreed upon location. 4. Whenever possible, support other partners by providing backup Lay Leaders as needed for both Participant Workshops and Group Leader Trainings. 5. Use approved marketing materials and refer to the Evidence Based Program by its branded name such as: Living Healthy: Chronic Disease Self-Management Program, Matter of Balance, Diabetes Self Management Training. 6. Seek funding sources as necessary. 7. Complete and return data collection and evaluation forms within 2 weeks of completing a Participant Workshops. 8. Adhere to the license agreement as set forth by the Stanford University Patient Education Centers.. 9. Provide space adequate to the type of program and assist in set-up, securing access, and other physical location issues as needed. MOU IndependentLivingSystems Page 2 of 2 TERMINATION Termination of this MOU without any cause may be made at any time by either partner and shall be done in writing no less than 30 days prior to the termination date. AMENDMENT This MOU may be amended by written notice signed by persons authorized to act on behalf of the partners. Any amendment shall be attached and become part of this MOU. AUTHORIZED PARTNER REPRESENTATIVES Independent Living Community Services, Inc. (ILCS) The City of Miami Gardens Signature: ___________________________ Signature: _________________________ Print Name: _________________________ Print Name: ________________________ Title: _______________________________ Title: ______________________________ Date: _____ /_____ /_____ Date: _____ /_____ /_____ ADDENDUM TO MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF MIAMI GARDENS AND INDEPENDENT LIVING COMMUNITY SERVICES, INC. THIS ADDENDUM (“Addendum”) is incorporated into that certain Memorandum of Understanding (“MOU”) between Independent Living Community Services, Inc. (“ILCS”), and the City of Miami Gardens (“City”). 1. Insurance ILCS shall provide and maintain general liability insurance coverage, for personal injury and property damage in the minimum amount of One Million ($1,000,000.00) Dollars, per incident, for personal injury, and Five Hundred Thousand ($500,000.00) Dollars, per incident, for property damage. ILCS shall also be required to provide and maintain, during the life of the MOU, comprehensive automobile liability insurance coverage for bodily injury and property damage in the minimum amount of $500,000.00 or each occurrence and $500,000.00 combined single limit. Such liability policy of insurance shall designate the City as an additional insured and ILCS shall deliver a fully effective certificate to that effect, evidencing no less than thirty (30) day cancellation power. ILCS shall also provide City with proof that ILCS has workers’ compensation insurance in an amount, which satisfies the requirements of Florida Law, for any employee of the Contractor. ILCS shall not commence work pursuant to this MOU until all insurance required as stated herein has been obtained and such insurance has been approved by the City. 2. Indemnification ILCS shall indemnify and hold harmless the City and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorneys' fees and costs of defense, which the City or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of this MOU by the ILCS or its employees, agents, servants, partners, principals or subcontractors. To the extent permitted by law, the City shall indemnify and hold harmless ILCS and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorneys' fees and costs of defense, which ILCS or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of Page 1 of 4 this Agreement by the City or its employees, agents, servants, partners, principals or subcontractors. Nothing herein shall be deemed as a waiver of the City’s right to sovereign immunity. 3. Waiver The failure of either party to this MOU to object to or to take affirmative action with respect to any conduct of the other which is in violation of the terms of this MOU shall not be construed as a waiver of the violation or breach, or of any future violation, breach or wrongful conduct. No waiver by the City of any provision of this MOU shall be deemed to be a waiver of any other provisions hereof or of any subsequent breach by Contractor of the same, or any other provision or the enforcement thereof. The City’s consent to or approval of any act by Contractor requiring the City’s consent or approval shall not be deemed to render unnecessary the obtaining of the City’s consent to or approval of any subsequent consent or approval of Contractor, whether or not similar to the act so consented to or approved. 4. Attorney’s Fees Should any dispute arise hereunder, the prevailing party shall be entitled to recover all costs, expenses and attorney’s fees incurred in such dispute, whether or not suit be brought, and such right shall include all of such costs, expenses and attorney’s fees through all appeals or other actions. 5. Binding Effect All of the terms and provisions of this MOU shall be binding upon and inure to the benefit of the parties hereto, their respective assigns, successors, legal representatives, heirs and beneficiaries, as applicable. 6. Construction This MOU and the terms hereof shall be construed in accordance with the laws of the State of Florida and venue for all actions in a court of competent jurisdiction shall lie in Miami-Dade County, Florida. 7. Entire Agreement No statements, representations, warranties, either written or oral, from whatever source arising, except as expressly stated in this MOU, shall have any legal validity between the parties or be binding upon any of them. The parties acknowledge that this MOU contains the entire understanding and agreement of the parties. No modifications hereof shall be effective unless made in writing and executed by the parties hereto with the same formalities as this MOU is executed. Page 2 of 4 8. Captions and Paragraph Headings Captions and paragraph headings contained in this MOU are for convenience and reference only and in no way define, describe, extend or limit the scope and intent of this MOU, nor the intent of any provisions hereof. 9. Joint Preparation The preparation of this MOU has been a joint effort of the parties, and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the parties that the other. It is the parties’ further intention that this MOU be construed liberally to achieve its intent. 10. Counterparts This MOU may be executed in one or more counterparts, each of which shall be deemed an original, but all of which shall constitute the same agreement. 11. Inconsistency In the event of an inconsistency or contradiction between the terms hereof and the terms of the MOU, to which this Addendum is attached, the terms hereof shall control. 12. Conflict In the event of any conflicts between this Addendum and the MOU, MOU, this Addendum shall control. In all other respects, the MOU shall remain in full force and effect. 13. Effects of Original Agreement All terms of the MOU not affected by this Addendum shall remain in full force and effect. 14. Miscellaneous Provisions This MOU shall be executed by the President of ILCS or other corporate officer with proper resolution. Such person designated to sign this MOU on behalf of ILCS represents that he/she has full authority to legally bind ILCS, and such person(s) shall be jointly and severally liable for all amounts owing in such representations is untrue. SIGNATURE PAGE TO FOLLOW Page 3 of 4 Page 4 of 4 IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year set forth below their respective signatures. ATTEST: CITY OF MIAMI GARDENS _______________________ ____________ ____________________________________ Ronetta Taylor, MMC, City Clerk Dr. Danny Crew, City Manager Date: ______________________ _________ Approved as to form and legal Sufficiency: ___________________________________ Sonja K. Dickens, City Attorney WITNESS: INDEPENDENT LIVING COMMUNITY SERVICES, INC. __________________________________ By: ________________________________ Print Name: ________________________ Print Name: _________________________