Grant Agreemnt with Miami Dade County Public Schools DocuSign Envelope ID:BC3BAO2A-F807-4368-A0D8-3EE841C14527 2n2__o - 3 i C.i&L
FINANCIAL SERVICES
February 18, 2021
TO: Mr. Alberto M. Carvalho
Superintendent of Schools
FROM: Ron Y. Steiger, Chief Financial Officer
{
SUBJECT: CONTRACT — GRANT PROGRAM AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH AND MDCPS
o For Your Information
o For Your Review/Approval
• For Your Review/Signature
o Other
DocuSign Envelope ID:BC3BAO2A-F807-436B-A0D8-3EE841C14527
Alpik)
SCHOOL OPERATIONS-w CONTRACTED SERVICES
..,g -
SUITE 800
PH,(308)888.7602
.
FOR'REVIEW AND SIGNATURE
•
•
•
CONTRACT - CITY OF MIAMI BEACH
NAME OF CONTRACTED SERVICES) •
•
02/11121 MR.LUIS E.DIAZ i
Date Signed Assistant Superintendent School Operations
01/28121 MR.JORGE L.DAVILA
' Date Signed Executive Director, Risk&Benefits Management
SBAB-Annex,Room 335
01128!21 MR. MARK!DE BARROS •
Date Signed Chief Procurement Officer, Procurement Management .
SBAB-Annex, Room 660
1 02/10121 SCHOOL BOARD ATTORNEY
Date Signed SBAB, Room 400
2/lift, 4 /R.JOHN D.PACE,III
Sign and atts a Chief Operating Officer .
2118/21 School Operations
Sign and Date TBA .
Associate Superintendent Office of Intergovernmental Affairs
Affairs,Grants Administration and Community Engagement
MR.ALBERTO M.CARVALHO(or DESIGNEE)
Sign and Date Superintendent of Schools
Return to Initiator by calling Ext.7662 for pick up:
WL#8001, SBAB, Room 806
PLEASE SIGN,J,,ORIGINAL COPIES.
For any alarllloatlons/guestlons/concerns,please contact Ronny Neyra, District Director; Ext: 7662
DocuSign Envelope ID:BC3BAO2A-F807-436B-A0D8-3EE841C14527
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AMENDMENT NO.1
TO •
GRANT PROGRAM AGREEMENT •
I; I BETWEEN
THE CITY OF MIAMI BEACH
AND
THE SCHOOL BOARD OF MIAMI-DADE COUNTY,FLORIDA
THIS Amendment No. 1("Amendment")to the Grant Program Agreement dated October
15, 2020 (the "Agreement"), between the CITY OF MIAMI BEACH, a municipal corporation
existing under the laws of the State of Florida(the"City"),and THE scHool,psylp,cft M
DADE COUNTY, FLORIDA(the"Board"),Is made and entered this _ daybf 2 2�j PM EST
.
RECITALS
WHEREAS,the City and the Board desire to fund and Implement the Miami Beach
s I Adult and Community Education Scholarship Program for City residents, enrolling at the
Miami Beach Adult and Community Education Center for the 202021 school year; and
WHEREAS, the Board desires to provide the Scope of Services listed In the
agreement;and
WHEREAS, the City has engaged the Board to render the Services to those In
need;and
WHEREAS, the City desires to extend the term of the Agreement through the
Winter, 2020 semester;and
WHEREAS, at the November 18, 2020 City Commission Meeting, the City
Commission approved extending the term of the Grant Program Agreement through the
Winter 2020 semester and utilize the remaining funds not to exceed$8,430.
NOW, THEREFORE, the parties hereto, and In consideration of the mutual promises,
covenants, agreements, terms, and conditions herein contained, and other good and valuable
consideration,the respect and adequacy are hereby acknowledged,do agree as follows:
1. ABOVE RECITALS •
•
The above recitals are true and correct and are Incorporated as a part of this •
Amendment.
2. MODIFICATIONS
Article III of the Agreement(Term of Agreement)shall be amended to provide that the
term of the Agreement shall commence on October 15, 2020 and expire on Maroh 22,
• 2021,
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3, RATIFICATION,
Except as amended herein,all other terms and conditions of the Agreement shall remain
unchanged.and In full force and effect, In the event there Is a conflict between the
provisions of this Amendment and the Agreement,the provisions of this Amendment shall
govern, j
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK
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TIM SCHOOL BOARD OF MIAMI-DADE COUNTY,
SUBMITTED BY: FLORIDA
L.1..• ... .�, • / /'?-!,'2l 111/7 --Signature
Charge Looatlot Adminis gator Signature Date (9 erinter lent-e(-Schee Designee)
/17
DlvislotpHe�d Kra
Pate (Name Typed)v Wt(�/,
(as applicable) ,�1�� 1 yP )
71/0"41,,dky 2/18/21 •
•
Dale; I 'i
Office of Grants Administration Signature Date
(if applicable)
•
NOTE;Signature of Aaeletant Superintendent
for the OHlce of Intergovernmental Affaire and •
Granta Administration required ONLY for
oontraota financed from Contracted Programa
Funds(Part IV). •
•
APPROVED AS TO RISK AND BENEFITS
(as to the School Board);
idavIloodadolchoob.nut
OMRceofRacal Oonefts
.&t'- I- Man; oment
/, 2021.01.20 00:20:03.05'00'
Risk Management Signature
Date
APPROVED AS TO PROCUREMENT
AUTHORITY
t (as to the School Board);
•
ft/i‘
1/28/2021
Procurem• k 1.nagament Signature
Date
APPROVED AS TO FORM AND LEGAL
SUFFICIENCY
(as to the School board);
DIIOP/u II►IAtfunl.n
//1�r1,,.1C, CirNg1111W NuIUPg
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Sohool Board Attorney-Signature Date
•
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IN WITNESS WHEREOF, the Parties hereto have caused this Amendment No. 1 to
be executed In their names by their duly authorized officials as of the date first set forth
above. •
•ATTEST; CITY OF MIAMI BEACH,FLORIDA .
DocuSigned by: DocuSignedby: DS DS
Tara-el ara
LNaVet '
,�, a ca ri 1'
9dAn5019Ann(`aRs
D308 Wf'0�61iD...
Rafael E.Oranado,City Clerk Raul J Aguila, Interim City Manager
2/22/2021 12:41 PM EST
Date
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1.01, I.A'Oa1.1hr,E
/ ,4- i EN C'..Li FON.
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Contract Number CP1021 (For Procurement Use Only)
GRANT PROGRAM AGREEMENT
BETWEEN
THE CITY OF MIAMI BEACH
AND
THE SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA
•
10/15/2020 i 6L09 PM EDT
THIS GRANT AGREEMENT ("Agreement") is entered into as of , 2020
between the CITY OF MIAMI BEACH, a Florida municipal corporation, located.at 170Q Meridian •
Avenue, Mianli Beach,Florida("City"),and THE SCHOOL BOARD OF MIAMI-DADE COUNTY,
FLORIDA, a political subdivision existing under the laws of the State of Florida, located at 1450
NE 2nd Avenue, Miami, Florida 33132, Its successors and assigns ("Board"), (collectively the
"Parties").
• WITNESSETH: •
•
WHEREAS,the Citydesires to fund and Implement the Miami Beach Adult and Community
Education Scholarship Program for City residents, enrolling at the Miami Beach Adult and
Community Education Center for the 2020-2021school year(the "Grant"); and
WHEREAS,the School Board of Miami-Dade County, Florida("Board")desires to provide
the Scope of Services("Services") listed below; and
WHEREAS, the City desires to engage the Board to render Services to those in need.
NOW,THEREFORE,the Parties agree as follows:
ARTICLE I
SCOPE OF SERVICES
The Board shall provide educational services to City residents enrolled at the Miami Beach
Adult and Community Education Center pursuant to the "Miami Beach Adult and Community
Education Center Scholarship Program",including but not limited to the following:
Provide eligible students with scholarships in the amount of Thirty Dollars
($30) each to cover the cost of English for Speakers of Other Languages
(ESOL)or Graduate Equivalency Degree for the Fall 2020 semester.
ARTICLE II
CONDITION OF SERVICES
• The Board agrees to the following:
a) The Services shall benefit City of Miami Beach residents.
b) The Board shall keep the enrollment period open during the Fall 2020 semester
to allow students to register but not beyond November 03, 2020.
c) Eligible students shall be:
1. City of Miami Beach residents;and
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2. Enrolled at the Miami Beach Adult and Community Education Center; and
3. Register for courses at Miami Beach Adult and Community Education Center
at Miami Beach Fienberg Fisher Site, Miami Beach Adult and Community
Education Center at Biscayne Beach Elementary Site; Police Athletic League
Site,or North Shore Activity Center Site; and
4. Be enrolled In ESOL, or GED classes; and
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d) Eligible programs provided shall be: . •
1. English for Speakers of Other Languages(ESOL): The purpose of the Adult
ESOL program is to"assist immigrants and other individuals who are English
language learners in:improving their reading,writing,speaking,listening,and
comprehension skills in English, mathematics and an understanding of the
American system of government, individual freedom, and the responsibilities •
of citizenship," In addition, the Adult ESOL program is "designed to lead to
attainment of a secondary school diploma or its recognized equivalent and
transition to postsecondary education and training; or employment." Adult
Education and Family Literacy Act(AEFLA),Title II, Section 202, Workforce
Investment and Opportunity Act(WIOA),2014;and
2. General Equivalency Degree (GED): The GED® Preparation Program
consists of four content-area assessments: Reasoning through Language
Arts (RLA), Mathematical Reasoning, Science, and Social Studies. The
purpose of the program is to prepare students to obtain the knowledge and
skills necessary to pass the official GED®subtests and be awarded a State
of Florida High School Diploma.Additional performance levels will certify that
the adult student is career and college ready..This program strives to motivate
students not only to obtain a State of Florida High School Diploma via passage
of the four GED®subject area tests, but to continue their education to earn a
postsecondary degree, certificate, or industry certification. The Reasoning
through Language Arts (RLA) course of the GED® Preparation Program
prepares students to pass the GED® RLA Test. This test will focus on the
fundamentals in three major content areas: Reading, Language Arts and
Writing. Students will achieve the ability to read closely, the ability to write
clearly, and the ability to edit and understand the use of standard written
English in context.
e) The Board shall forward class lists to Dr. Leslie Rosenfeld, Chief Learning and
Development Officer for the City of Miami Beach indicating residency in Miami
Beach by agreed upon deadline prior consent obtained from student is required.
f) Upon Approval, the City will notice the Board of the applicant's residency
eligibility and issue a Notice to Proceed. •
g) The City will review and process ail $30 registration reimbursement requests
received not to exceed agreed upon total.
ARTICLE IiI
TERM OF AGREEMENT
This Agreement shall be deemed effective upon execution by both parties, and shall
terminate on February 1, 2021.
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ARTICLE IV
DEFAULT
a) For purposes of this Agreement(and the documents referenced or incorporated
herein), a default shall include without limitation the following acts or events of the Board, Its
agents and employees,as applicable and as further detailed below:
1. Failure to(I)commence services within thirty(30)days from the date of this
Agreement,
2. Failure to provide the documentation required to make the final payment of
the Grant within thirty(30)days from this Agreement's expiration date.
3. Failure to comply with applicable federal, state and local regulations and
, laws.
4. Breach regarding any of the terms and conditions of this Agreement.
• 5. Insolvency or bankruptcy.
6. Failure to maintain the Insurance required by the City as described in Article
{ XIX of this Agreement.
7. Failure to correct defects Within a reasonable time as determined by the City.
•
b) In the event of a breach,the City may exercise any and all rights including those
rights expressed In Article V.
c) Additionally, both parties shall be entitled to bring any and all legal and/or
equitable actions In Miami-Dade County, Florida, in order to enforce the City's right and
remedies against the breaching party. The City shall be entitled to recover all costs of such
. actions including a reasonable attorney's fee,at trial and appellate levels,to the extent allowed
by law.
ARTICLE V
TERMINATION
The City and the Board agree that this Agreement may be terminated by either party
upon written notice.at least thirty(30)days prior to the effective date of such termination, with
or without cause.
The City may also suspend or terminate payment to the Board in whole or in part for
cause,
Cause shall include the following:
a) Failure to comply and/or perform in accordance with this Agreement; or
•
b) Submission to the City of reports,which are materially incorrect or Incomplete.
The City shall notify the Board in writing when payments are being suspended for
• cause.The notification shall include actions to be taken by the Board as a condition precedent
to the resumption of payments and a reasonable date for compliance,which shall be no more
than thirty(30)days from the notification date.
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Upon termination of the Agreement, the Board and the City shalt meet to determine if
any amounts are to be repaid to the City.
It is understood by and between the City and the Board that any payment made in
accordance with this section to the Board shall be made only if the Board is not in breach under
the terms of this Agreement. If the Board is In breach,then the City shall in no way be obligated
and shall not pay any sum to the Board.
ARTICLE VI
EIMENDMENTS
Any alterations,variations, modifications,waivers,or provisions of this Agreement shall
only be valid when they have been reduced to writing, duly approved and signed by both
parties, and attached to the original of this Agreement. This Agreement contains all the terms
and conditions agreed upon by the Parties. No other agreement, oral or otherwise, regarding
the subject matter of this Agreement shall be deemed to exist or bind any of the Parties,
ARTICLE VII
METHOD OF PAYMENT
Upon execution of this Agreement, the City shall make payments to the Board for
expenditures incurred under this Agreement based on Miami Beach resident registration for
approved ESOL and GEO classes in accordance with the terms of this Agreement. The
maximum amount payable under this Agreement Is Eleven Thousand Seven Hundred
Dollars and 00/100 Cents ($11,700.00) and shall represent the only source of funding
received from the City for the Program.
ARTICLE VIII
CONFLICT OF INTEREST
The conflict of interest provisions of this section apply to any person who is an
employee, agent,consultant, officer, elected official or appointed official of the Board.
The Board covenants that persons described in this section who exercise any functions
or responsibilities under this part or who are In a position to participate in a decision making
process or gain information with regard to such activities may not obtain a financial interest In
any contract, subcontract or benefit from the educational scholarships being provided under
this Agreement, nor may have a financial Interest in any contract, subcontract or agreement
with respect to the educational scholarships covered under this Agreement, either for
themselves or those with whom they have family or business ties.
Any such interest on the part of the Board or Its employees shall be disclosed in writing
to the City.The Board agrees to abide and be governed by the conflict of Interest requirements
applicable to or promulgated by Miami-Dade County or the City, which are incorporated by
reference.
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ARTICLE IX
INDEMNIFICATION
Subject to the limitations of Fla. Stat, §768,28, the Board shall indemnify and hold harmless
the City, its officers, employees and agents, against any claims, sults, actions, damages,
proceedings, liabilities arising out of the negligent acts of the Board arising out of this
•
Agreement. The Board shall pay all claims and losses of any nature on behalf of the City, its
officers, employees or agents when applicable and shall pay all costs and judgments which
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may issue, Nothing contained in this paragraph is in any way Intended to be a waiver of the
limitation placed upon the Board's liability as set forth in Chapter 768, Florida Statutes. The
Board does not waive sovereign immunity,
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Subject to the limitations of Fla. Stat.§768.28, the City shall indemnify and hold harmless the
Board, its officers, employees and agents, against any claims, suits, actions, damages,
proceedings,liabilities arising out of the negligent acts of the City arising out of or in connection
with this Agreement.The City shall pay all claims and losses of any nature, on behalf of the ;.
Board, Its officers,employees or agents when applicable and shall pay all costs and judgments •
which may issue. Nothing contained in this paragraph is in any way intended to be a waiver of
the limitation placed upon the City's liability as set forth in Chapter 768, Florida Statutes. The
City does not waive sovereign immunity.
ARTICLE X
MONTHLY REPORTS,
The Board shall provide monthly reports(an original and two copies)as required by the City,
which shall be due thirty(30)days after the reporting period. The Board shall obtain student
consent prior to providing student data to the City.These shall include:
a) Student attendance records;
b) The reports for the final month and shall be due no more than thirty(30)days
following this Agreement's expiration;and
c) Other reporting requirements may be required by the City in the event of
program changes and/or legislative amendments. The Board shall be informed,
in writing, if any changes become necessary.
ARTICLE XI
AUDIT AND INSPECTIONS
At any time during normal business hours and as often as the City may deem
necessary, there shall be made available to the City and/or representatives,the right to audit
and examine all records relating to matters covered by this Agreement. It is further understood
that all records and supporting documents pertaining to this Agreement shall be kept for a
minimum period of three(3)years from the dale of expiration of this Agreement and shall be to
the extent required by law, public records available for inspection and copying. If any litigation,
claim, negotiation, audit or other action involving the records has been started before the
expiration of the three (3) year period, the records must be retained until completion of the
action and resolution of all issues which arise. If during the course of an audit, the City
• determines that any payments made to the Board do not constitute an allowable expenditure,
the City will have the right to deduct or reduce those amounts from their related Invoices, The
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Board must maintain records necessary to document compliance with the provisions of the
Agreement.
ARTICLE XII
ADDITIONAL CONDITIONS AND COMPENSATION
It Is expressly understood and agreed by the Parties that the funds contemplated by
this Agreement is contingent upon approval and funding by the City.
ARTICLE XIII
NOTICES
Any notice required or permitted to be given under this Agreement by one party to the other party
shall be in writing and shall be given and deemed to have been given immediately if delivered In
person to the recipient's address set forth in this section or on the date shown on the certificate
of receipt if placed in the United States mail, postage prepaid, by registered or certified mail with
return receipt requested, addressed to the receiving party at the address hereinafter specified
("Notice").
City Address. The address for City for all purposes under this Agreement and for all Notices
hereunder shall be:
Dr. Leslie Rosenthal, Chief Learning Officer
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
School Board's Address.The address for the School Board for all purposes under this
Agreement and for all Notices hereunder shall be:
The School Board of Miami-Dade County, Florida
• Attn: Alberto M.Carvalho, Superintendent
1450 N.E,Second Avenue, Suite 912
Miami,Florida 33132
With a copy to:
The School Board of Miami-Dade County,Florida
Department:Adult/Technical Colleges&
Educational Opportunity&Access
Attention:Mr.Luls E. Diaz
Address:1450 N.E.Second Avenue,Suite 804
Miami,Florida 33132
Arida copy to:
The School Board of Miami-Dade County,Florida
Attn:Walter J.Harvey,School Board Attorney
1450 N.E.Second Avenue,Suite 430
Miami,Florida 33132
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ARTICLE XIV
SUBCONTRACTS
The Board agrees that no assignment or subcontract will be made in connection with
this Agreement.
ARTICLE XV
ACCESS TO RECORDS
•
The Board shall allow access during normal business hours to all financial records, that
are elatedto the performance of this Agreement,to authorized City representatives and agrees
to provide such assistance as may be necessary to facilitate financial audit by any of these
representatives when deemed necessary by the City to insure compliance with applicable
accounting and financial standards. The Board shall allow access during normal business
hours to all other records, forms, files, and documents which have been generated in
performance of this Agreement, to those personnel as may be designated by the City,
ARTICLE XVI
PERFORMANCE REVIEW
• The City may conduct a formal quarterly review of the Board's compliance with the terms of this
Agreement A report of their findings will be made available to the Board within thirty(30)days
of the completion of the review
ARTICLE XVII
SEVERABILITY OF PROVISIONS
if any provision of this Agreement is held invalid, the remainder of this Agreement shall
not be affected if such remainder would then continue to conform to the terms and
requirements of applicable law.
ARTICLE XVIII
• GRANT FUNDS
• The Board agrees that any Grant funds received shall be used for eligible activities
under the program. For those activities undertaken with Grant funds, all of the provisions of
this Agreement shall apply. It is further understood that upon expiration of this Agreement, the
• Board shall transfer to the City any funds on 'hand under the program and any accounts
receivable attributable to the use of these funds consistent with this Agreement.
The Board shall submit monthly reports to City on the Grant funds received and proper
documentation of the disbursement of these funds.
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ARTICLE XIX
INSURANCE
The Board may provide evidence of an ongoing self-insurance program for public
liability, automobile liability,and workers'compensation covering the Board officers,members,
and employees.
ARTICLE XX
CML RIGHTS
The Board agrees to abide and be governed by Title VI and VII, Civil Rights Act of 1964 .
(42 USC 2000 D&E)and Title VIII of the Civil Rights Act of 1966,as amended,which provides
in part that there will not be discrimination of race,color, sexual orientation, religion, handicap
or national origin in performance of this Agreement,in regard to persons served, It is expressly
understood that upon receipt of evidence of such discrimination, the City shall have the right
to terminate this Agreement.
The Board also agrees to abide and be governed by the Age Discrimination Act of 1975,
as amended, 42 USC, which provides in part that there shall be no discrimination against
persons In any area because of age.
The Board also agrees that it will comply with City of Miami Beach Human Rights •
Ordinance as codified in Chapter 62 of the City Code, as may be amended from time to time,
prohibiting discrimination In employment, housing, public accommodations, and public
services on account of actual or perceived race, color, national origin, religion, sex,
Intersexuality, gender identity, sexual orientation, marital and familial status, age, disability,
ancestry, height, weight, domestic partner status, labor organization membership, familial
situation, or political affiliation.
ARTICLE XXI
PROJECT PUBLICITY
The Board agrees that any news release or other type of publicity pertaining to the
Program must recognize the City as the funding entity,which provided funds for the program.
ARTICLE XXIi
IMITATION OF LIABILITY
The City desires to enter into this Agreement only If In so doing the City can place a
limit on the City's liability for any cause of action arising out of this Agreement, so that its
liability never exceed the agreed sum of compensation/fee to be paid to the Board pursuant to
this Agreement,less any amounts actually paid by the City as of the date of the alleged breach,
The Board expresses its willingness to enter into this Agreement with Board recovery from the
City for any action or claim arising from this Agreement to be limited to the agreed sum of
compensation/fee to be paid to the Board pursuant to this Agreement, less any amounts
actually paid by the City as of the date of the alleged breach.
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Accordingly,and'notwithstanding any other term or condition Of this Agreement,the Board hereby
agrees that the City shall not be liable to the Board for damages In an amount in excess of the
agreed sum of compensation/fee to be paid to the Board pursuant to this Agreement,.less any
amounts actually paid by the City as of the date of the alleged breach, for any action or claim of
• the Board or any third party arising out of this Agreement. Nothing contained in this paragraph or
elsewhere in this Agreement is in any way intended to be a waiver ofthe limitation placed upon
the City's liability as set forth in Section 768.28, Florida States. Additionally, the City does not
waive sovereign immunity, and no claim or award against the City shall include attorney's fees,
Investigative costs or pre-judgment Interest.
ARTICLE XXIII
VENUE.APPLICABLE LAW •
This Agreement shall be governed by the laws of Florida, and any action shall be
brought in Miami-Dade County,•Florida. Each Party shall be responsible for their own
attorney fees and costs.
ARTICLE XXIV
PUBLIC RECORD'S LAW
City understands the broad nature of these laws and agrees to comply with Florida's.
Public Records Laws and laws relating to records retention. According to Florida Public
Records laws documents submitted by City which constitute trade secrets as defined In Florida
Statute 812.081 or proprietary confidential business information es set forth in Florida Statute
366.093, and which are stamped as confidential at the time of submission to Board,are not
subject to public access.. The City shall keep and maintain public records required by the
School Board to perform the service.The City shall'keep records to show its compliance with
program requirements. Contractors and subcontractors must make available, upon request of
the Board, a Federal grantor agency, the Comptroller General of the United States, or any of
their duly authorized representatives, any books,documents, papers, and records of the City
which are directly pertinent to this specific Agreement for the ,purpose of making audit,
examination, excerpts, and transcriptions. Upon request from the Board's custodian ofpublic
records, provide the Board with a copy of the requested records or allow the records to be
inspected or copied within a reasonable time.at a cost'that does not exceed the cost provided
in this chapter or as otherwise provided by law. City shall ensure that public records that are
exempt or confidential and exempt from public records disclosure requirements are not
disclosed except as authorized by law for the duration of the contract term and following
completion of the contract if the City does not transfer the records to the public agency. The
City shall retain all records for five (5) years after final payment Is made or received and all
pending matters are completed pursuant to Title 34, Sections 80.36(b)(1).Upon completion of
• the contract, transfer, at no cost, to'the Board allpublic records In possession of the City or
keep and maintain public records required by the Board to perform the service. If the City
transfers all public records to the Board upon completion of the contract,the City shall destroy
any duplicate public records that are exempt or confidential and exempt from public records
disclosure requirements. If the City keeps and maintains public records upon completion of-the
contract,the City shall meet all applicable requirements for retaining public records.All records
stored electronically must be provided to the School Board, upon request from the Board's
custodian Of public records, in a format that is compatible with the information technology
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systems of the Board.
IF THE CITY HAS QUESTIONS REGARDING
•
•
•
THE APPLICATION OF CHAPTER 119, FLORIDA
• STATUTES, TO THE PROVIDER'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO
THIS CONTRACT, CONTACT THE CUSTODIAN
OF PUBLIC RECORDS AT 305-995-1128,
prr@dadeschools.net, and 1450 NE 2 Avenue,
•
Miami, Florida 33132.
• ARTICLE XXV
EDUCATIONAL. RECORDS
The City understands and agrees that it is subject to all federal and state laws and School
Board Policies relating to the confidentiality of student information. The City further agrees to
comply with the Family Educational Rights and Privacy Act("FERPA"), 20 U.S.C. §1232g, as
may be amended. The City shall regard all student information as confidential and will not
disclose the student information to any third party.
• ARTICLE XXVI
INSPECTOR GENERAL.AUDiT RIGHTS
(A) Pursuant to Section 2-256 of the Code of the City of Miami Beach,the City has established
the Office of the Inspector General which may,on a random basis,perform reviews,audits,
inspections and Investigations on ail City contracts, throughout the duration of said
contracts. This random audit is separate and distinct,from any other audit performed by
or on behalf of the City.
(B) The Office of the Inspector General is authorized to investigate City affairs and
empowered to review past, present and proposed City programs, accounts, records,
contracts and transactions. In addition,the Inspector General has the power to subpoena
witnesses, administer oaths,require the production of witnesses and monitor City projects
and programs. Monitoring of an existing City project or program may include a report
concerning whether the project is on time, within budget and In conformance with the
contract documents and applicable law. The inspector General shall have the power to
audit,investigate,monitor,oversee,inspect and review operations,activities,performance
and procurement process including but not limited to project design, bid specifications,
(bid/proposal) submittals, activities of the Board, its officers, agents and employees,
lobbyists, City staff and elected officials to ensure compliance with the contract documents
and to detect fraud and,corruption. Pursuant to Section 2-378 of the City Code, the City
is allocating a percentage of its overall annual contract expenditures to fund the activities
and operations of the Office of Inspector General.
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DocuSign Envelope ID:BC3BAO2A-F807-436B-A0D8-3EE841C14527
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IN WITNESS WHEREOF,the Parties have executed this Agreement by their respective
proper officers duly authorized the day and year first written above.
THE SCHOOL BOARD OF MIAMI-DADE COUNTY,
SUB TTED BY: FLORIDA.
// /VW
BY: Signature
Ch e o a on A inistrator ' nature Date -(Superintendent of Schools or Designee)
29u
Divis on ead Signa Date (Name Typed)
(as applicable)
Date:
,tc.a:Cd14 - , Lt.- 10/12/2020
Office of Grants Admi I tration Signature Date
(if applicable)
NOTE: Signature of Assistant Superintendent
for the Office of Intergovernmental Affairs and
Grants Administration required ONLY for
contracts financed from.Contracted Programs
Funds(Part IV).
12
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(C) Upon ten(10)days written notice to the Board, the Board shall make all requested records
and documents available to the inspector General for inspection and copying. The
Inspector General is empowered to retain the services of independent private sector
auditors to audit, investigate, monitor, oversee, inspect and review operations activities,
performance and procurement process Including but not limited to project design, bid
specifications, (bid/proposal) submittals, activities of the Board, its officers, agents and
employees, lobbyists, City staff and elected officials to ensure compliance with the
contract documents and to detect fraud and corruption.
(D) The inspector General shall have the right to inspect and copy all documents and records
in the Board's possession, custody or control which in the Inspector General's sole
judgment, pertain to performance of the contract, including, but not limited to original
estimate flies, change order estimate files, worksheets, proposals and agreements from
and with successful subcontractors and suppliers, all project-related correspondence,
memoranda, instructions, financial documents, construction documents, (bid/proposal)
and contract documents, back-change documents, all documents and records which
involve cash, trade or volume discounts, insurance proceeds, rebates, or dividends
received, payroll and personnel records and supporting documentation for the aforesaid
documents and records.
(E)The Board shall make available at its office at all reasonable times the records, materials,and
other evidence regarding the acquisition(bid preparation)and performance of this Agreement,
for examination, audit, or reproduction, until three (3) years after final payment under this
Agreement or for any longer period required by statute or by other clauses of this Agreement.
In addition:
I. If this Agreement is completely or partially terminated, the Board shall make available
records relating to the work terminated until three(3)years after any resulting final termination
settlement; and
ii. The Board shall make available records relating to appeals or to litigation or the settlement
of claims arising under or relating to this Agreement until such appeals, litigation, or claims
are finally resolved,
(F)The provisions in this section shall apply to the Board, its officers, agents, employees,
subcontractors and suppliers. The Board shall incorporate the provisions in this section in all
subcontracts and all other agreements executed by the Board in connection with the
performance of this Agreement.
(G)Nothing In this section shall impair any independent right to the City to conduct audits or
investigative activities. The provisions of this section are neither intended nor shall they be
construed to impose any liability on the City by the Board or third parties.
1
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DocuSign Envelope ID:BC3BAO2A-F807-4368-A0D8-3EE841C14527
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,
CITY OF MIAMI BEACH
APPROVED AS TO RISK AND BENEFITS Doeuslgnedby:
(as to the School Board):
Adrian Chamberlin
Jdavila@dadeschools.net
/ Office ofnlskend Benefits Management BY: 5AC3E01C83F8464,..-
t1)
7P/amu•-`" 2020.09.3008:0903.04'00' Signature
Risk Management Signature
Date Name: Dan Gelber,Mayor 10/14/2020 1 12:31 PM ED—
APPROVED AS TO PROCUREMENT (Name Typed) (Title) •(Date)
AUTHORITY „—DocuSIgned by:
(as to the School Board): �+
•
•-24A05013ADDC4B5.,. Signature •
,•J
','//• ATTEST:
Procurement Mart•I,- ent Signature Name: Rafael E.Granado, City Clerk 10/15/2020 I 6:09' PM EDT
Date 10/6/2020
(Name Typed) (Title) (Date)
APPROVED AS TO FORM AND LEGAL Address:
SUFFICIENCY
(as to the School Board):
IXpWryrt�704yMld7vpv+
',WLm•W6wPd;o•kTalbudofVLrtLOWCnNn
naMuawf/A0.em7H1ywpr�6�drWooUn��aVf
• G11ey070.10D31N151-0100'
School Board Attorney-Signature F.E.I.N. (If organization)
Date
•
•
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t '1R� - AS TO
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