Memorandum of understanding with Borinquen Health Care Center, Inc. DocuSign Envelope ID:4431E74A-9236-4241-BB07-D1A4CD568E84
Reso 2021-31777
M AMI BEACH
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF MIAMI BEACH
AND
BORINQUEN HEALTH CARE CENTER, INC.
TO IMPLEMENT A FLU PROGRAM
FOR
SCHOOL YEAR 2022/2023
This is a Memorandum of Understanding ("MOU") made and entered into this 26
day of August 2022, by and between the City of Miami Beach ("CMB") and
the BORINQUEN HEALTH CARE CENTER, INC. ("PROVIDER") (collectively, the
"Parties"), to provide for funding and for the implementation of a flu shot program (the
-Program")as provided herein, and as to be provided in an agreement between Provider
and The Children's Trust ("TCT").
WITNESSETH
WHEREAS, the Parties have determined that a program to provide Flu
immunizations attending public schools is in the best interest of the health and public
welfare of the City of Miami Beach; and
WHEREAS, Provider, through contract with The Children's Trust (and in
collaboration with MDCPS and DOH) has implemented a school health program that
provides comprehensive and coordinated on-site health services- including first aid,
nursing assessment and counseling to public school children. Staffed by registered
nurses, licensed practical nurses, medical assistants, social workers, and mental health
professionals. Borinquen Medical Centers is operating 31 school sites in Central Miami-
Dade County; and
WHEREAS, the School Health Program, through funding and partnership with the
City of Miami Beach and Borinquen Medical Centers, has also implemented the provision
of additional services in the form of flu vaccines.
WHEREAS, as the school health Provider, Borinquen Medical Centers of Miami-
Dade will be providing flu vaccines on-site at Miami Beach Public School Locations to
those students who have not received their flu shot in an amount not to exceed $15,000.
NOW, THEREFORE, in consideration of the mutual terms, conditions, promises,
covenants, and payments hereinafter set forth, the Parties agree to provide for a Program
for the participating City of Miami Beach Public School as follows:
DocuSign Envelope ID.4431E74A-9236-4241-BB07-D1A4CD568E84
1. Provider shall furnish all materials, labor and services required for the
administration of the Program, as set forth in Exhibit A, which Program shall be
funded by the City directly to Provider. The term for the Program shall be from
October 1, 2022 to September 30, 2023.
2. Provider agrees to comply with all the terms and conditions contained in the
Agreement between Provider and The Children's Trust, Contract No. 2017-6920,
attached hereto as Exhibit B. Provider understands that the City shall only be
providing the funding for the services described in this Agreement, and Provider
warrants and represents to the CITY that Provider has the authority and consent
from the TCT to administer the services described in this Agreement.
3. City shall provide funding to TCT for the Program in the amount not to exceed
$15,000. Subject to the availability of funds, the maximum amount payable for
Services rendered under this Agreement shall not exceed $15,000. Provider
agrees that the amount payable under this Contract may be reduced at the sole
option of City with a proportional reduction in services. Provider agrees to adhere
to City billing procedures. Provider shall submit an invoice for the services
described in Exhibit A to the City which shall be paid by the City within 30 Days
following the CITY's approval of the invoice.
4. In the event that any of the provisions in this MOU are not performed after the
CITY's contribution has been dispersed to Provider, then Provider shall
reimburse to the CITY any and all unused funds.
5. In the event that any of the provisions in this MOU are not performed, or if the
services described herein are terminated after funds have been dispersed to TCT
as provided in paragraphs 3 and 4, then Provider shall promptly reimburse City
its proportionate share of unused funds.
6. This MOU shall be construed in accordance with the laws of the State of Florida.
This MOU shall be enforceable in Miami-Dade County, Florida, and if legal action
is necessary by either party with respect to the enforcement of any or all of the
terms or conditions herein, exclusive venue for the enforcement of this MOU shall
lie in Miami-Dade County, Florida. By entering into this MOU, Provider and the
CITY expressly waive any rights either party may have to a trial by jury of any civil
litigation related to or arising out of this MOU.
7. Provider agrees that all program services, activities and events funded by this
Agreement shall recognize City as a funding source in any and all publicity, public
relations and marketing efforts/materials created under its control on behalf of the
program.
PUBLICITY AND CREDITS: Provider must include the City logo and the following
credit line in all publications related to this Agreement: "This Project is funded in
whole or in part by funding from the City of Miami Beach." Provider's failure to
2 of 12
DocuSign Envelope ID:4431E74A-9236-4241-BB07-D1A4CD568E84
comply with this paragraph may preclude future funding from the City, in the same
manner as if Provider defaulted under this Agreement.
8. NO GUARANTEE OF FUNDING: Provider acknowledges that the receipt of these
Program funds does not imply a commitment on behalf of the City to continue or
provide funding beyond the terms specified in this Agreement.
9. LIABILITY AND INDEMNIFICATION: Provider shall indemnify and hold harmless
the City and its officers, employees, agents, and contractors, from and against
any and all actions (whether at law or in equity), claims, liabilities, losses,
expenses, or damages, including, without limitation, attorneys' fees and costs of
defense, for personal, economic, or bodily injury, wrongful death, or loss of or
damage to property, which the City or its officers, employees, agents and
contractors may incur as a result of claims, demands, suits, causes of action or
proceedings of any kind or nature arising out of, relating to, or resulting from the
performance of this Agreement by Provider or its officers, employees, agents,
servants, partners, principals or contractors. Provider shall pay all claims and
losses in connection therewith and shall investigate and defend all claims, suits, or
actions of any kind or nature in the name of the City, where applicable, including
appellate proceedings, and shall pay all costs, judgments, and attorneys' fees
which may issue thereon. Provider expressly understands and agrees that any
insurance protection required by this Agreement, or otherwise provided, shall in no
way limit its obligation, as set forth herein, to indemnify, hold harmless, and defend
the City or its officers, employees, agents, and contractors as herein provided.
The provisions of this section shall only be applicable to the extent and within the
limitations of Section 768.28, Florida Statutes. Provider shall not be held liable to
pay a personal injury or property damage claim or judgment by any one person
which exceeds the sum of$200,000, or any claim or judgment or portions thereof,
which, when totaled with all other claims or judgments paid by the government
entity arising out of the same incident or occurrence, that exceed the sum of
$300,000 from any and all personal injury or property damage claims, liabilities,
losses or causes of action which may arise as a result of the negligence of
Provider entity.
10. ASSIGNMENT: Provider shall not be permitted to assign this Agreement, and
any purported assignment will be void, and shall be treated as an event of default
pursuant to this Agreement.
11.COMPLIANCE WITH LAWS: Provider agrees to abide by and be governed by all
applicable Federal, State, County and City laws, including but not limited to Miami-
Dade County's Conflict of Interest and Code of Ethics Ordinance, as amended,
which is incorporated herein by reference as if fully set forth herein, and Chapter
2, Article VII of the City Code, as amended, which is incorporated herein by
reference as if fully set forth herein.
3 of 12
DocuSign Envelope ID:4431E74A-9236-4241-B807-D1A4CD568E84
12.DEFAULT/TERMINATION PROVISIONS: In the event Provider fails to comply
with any of the provisions of this Agreement, the City Manager or the City
Manager's designee may terminate this Agreement and withhold or cancel all or
any unpaid installments of the Project funds upon giving five (5) calendar days
written notice to Provider, and the City shall have no further obligation to Provider
under this Agreement. Further, in the event of termination for cause, Provider shall
be required to immediately repay to the City all portions of the Project funds which
have been received by Provider and which have not been expended in
accordance with the terms of this Agreement as of the date that the written demand
is received.
These provisions shall not waive or preclude the City from pursuing any other
remedies that may be available to it under the law.
13.FLORIDA PUBLIC RECORDS LAW:
A. Provider shall comply with Florida Public Records law under Chapter 119,
Florida Statutes, as may be amended from time to time.
B. The term "public records" shall have the meaning set forth in Section
119.011(12), which means all documents, papers, letters, maps, books, tapes,
photographs, films, sound recordings, data processing software, or other
material, regardless of the physical form, characteristics, or means of
transmission, made or received pursuant to law or ordinance or in connection
with the transaction of official business of the City.
C. Pursuant to Section 119.0701 of the Florida Statutes, if Provider meets the
definition of"Contractor" as defined in Section 119.0701(1)(a), Provider shall:
Keep and maintain public records required by the City to perform the
service;
ii. Upon request from the City's custodian of public records, provide the
City 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 Chapter 119, Florida Statutes or as
otherwise provided by law;
iii. 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 Agreement if Provider does not transfer the records
to the City;
iv. Upon completion of the Agreement, transfer, at no cost to the City, all
public records in possession of Provider or keep and maintain public
4 of 12
DocuSign Envelope ID:4431E74A-9236r4241-BB07-D1A4CD568E84
records required by the City to perform the service. If Provider transfers
all public records to the City upon completion of the Agreement,
Provider shall, subject to Chapter 119, Florida Statutes, destroy any
duplicate public records that are exempt or confidential and exempt from
public records disclosure requirements. If Provider keeps and maintains
public records upon completion of the Agreement, Provider shall mcct
all applicable requirements for retaining public records. All records
stored electronically must be provided to the City, upon request from the
City's custodian of public records, in a format that is compatible with the
information technology systems of the City.
For the avoidance of doubt, Public Records shall not include the
personal information of any minors participating in the Program.
D. REQUEST FOR RECORDS; NONCOMPLIANCE
A request to inspect or copy public records relating to the City's contract
for services must be made directly to the City. If the City does not
possess the requested records, the City shall immediately notify
Provider of the request, and Provider must provide the records to the
City or allow the records to be inspected or copied within a reasonable
time.
ii. Provider's failure to comply with the City's request for records shall
constitute a breach of this Agreement, and the City, at its sole discretion,
may: (1) unilaterally terminate the Agreement; (2) avail itself of the
remedies set forth under the Agreement; and/or (3) avail itself of any
available remedies at law or in equity.
iii. If Provider fails to provide the public records to the City within a
reasonable time may be subject to penalties under Section 119.10.
E. CIVIL ACTION
If a civil action is filed against Provider to compel production of public
records relating to the City's contract for services,the court could assess
and award against Provider the reasonable costs of enforcement,
including reasonable attorneys' fees, if:
a. The court determines that Provider unlawfully refused to comply with
the public records request within a reasonable time; and
b. At least eight (8) business days before filing the action, the plaintiff
provided written pre-suit notice in accordance with and subject to the
limitations set forth in Sections 119.0701 and 119.12, Florida Statutes.
5 of 12
DocuSign Envelope ID:4431E74A-9236-4241-BB07-D1A4CD568E84
F. IF Provider HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO Provider's DUTY TO PROVIDE
PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE
CUSTODIAN OF PUBLIC RECORDS AT:
CITY OF MIAMI BEACH
ATTENTION: RAFAEL E. GRANADO, CITY CLERK
1700 CONVENTION CENTER DRIVE
MIAMI BEACH, FLORIDA 33139
E-MAIL: RAFAELGRANADO@MIAMIBEACHFL.GOV
PHONE: 305-673-7411
14. WRITTEN NOTICES: Any notices required under this Agreement will be effective
when delivered to the City in writing and addressed to the City Contract
Administrator. Any notices required under this Agreement will be effective when
delivered to Provider in writing and addressed to Provider's Contract
Administrator.
15. CITY CONTRACT ADMINISTRATOR: All contract related questions, reports and
requests for reimbursements to be submitted to the City Contract Administrator
listed below.
Dr. Leslie Rosenfeld
Chief Learning Development Officer
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
E-Mail: leslierosenfeld(a�miamibeachfl.gov
16.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 all 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
6 of 12
DocuSign Envelope ID:4431E74A-9236-4241-BB07-D1A4CD568E84
including but not limited to project design, bid specifications, (bid/proposal)
submittals, activities of Provider, 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.
C. Upon ten (10) days written notice to Provider, Provider 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 Provider, 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 Provider'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 files,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. Provider 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 contract. In addition:
If this Agreement is completely or partially terminated, Provider shall make
available records relating to the work terminated until three (3) years after any
resulting final termination settlement; and
ii. Provider 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 Provider, its officers, agents,
employees, subcontractors and suppliers. Provider shall incorporate the provisions
7 of 12
DocuSign Envelope ID:4431E74A-9236-4241-BB07-D1A4CD568E84
in this section in all subcontracts and all other agreements executed by Provider
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 Provider
or third parties.
17. E-VERIFY:
A. Provider shall comply with Section 448.095, Florida Statutes, "Employment
Eligibility" ("E-Verify Statute"), as may be amended from time to time. Pursuant to
the E-Verify Statute, commencing on January 1, 2021, Provider shall register with
and use the E-Verify system to verify the work authorization status of all newly
hired employees during the Term of the Agreement. Additionally, Provider shall
expressly require any approved subcontractor performing work or providing
services pursuant to the Agreement to likewise utilize the U.S. Department of
Homeland Security's E-Verify system to verify the employment eligibility of all new
employees hired by the subcontractor during the contract Term. If Provider enters
into a contract with an approved subcontractor, the subcontractor must provide the
Provider with an affidavit stating that the subcontractor does not employ, contract
with, or subcontract with an unauthorized alien. Provider shall maintain a copy of
such affidavit for the duration of the Agreement or such other extended period as
may be required under this Agreement.
B. TERMINATION RIGHTS
1. If the City has a good faith belief that Provider has knowingly violated
Section 448.09(1), Florida Statutes, the City shall terminate this Agreement with
Provider for cause, and City shall thereafter have or owe no further obligation or
liability to Provider.
2. If the City has a good faith belief that a subcontractor has knowingly violated
the foregoing Subsection 22(A), but the Provider otherwise complied with such
section, the City will promptly notify the Provider and order the Provider to
immediately terminate the contract with the subcontractor. Provider's failure to
terminate a subcontractor shall be an event of default under this Agreement,
entitling City to terminate the Provider's contract for cause.
3. A contract terminated under the foregoing Subsections (B)(1) or (B)(2) is
not in breach of contract and may not be considered as such.
4. The City or Provider or a subcontractor may file an action with the Circuit or
County Court to challenge a termination under the foregoing Subsections(B)(1)or
(B)(2) no later than 20 calendar days after the date on which the contract was
terminated.
5. If the City terminates the Agreement with Provider under the foregoing
Subsection 22(A), Provider may not be awarded a public contract for at least 1
year after the date of termination of this Agreement.
8 of 12
DocuSign Envelope ID'4431E74A-9236-4241-BB07-D1A4CD568E84
6. Provider is liable for any additional costs incurred by the City as a result of
the termination of this Agreement under this Section 17.
18. PUBLIC PURPOSE: The Project funds awarded herein is the result of a finding
by the City, based on representatives, documents, materials and other information
supplied by Provider, that Provider is performing a public purpose through the
programs, projects, and/or services recommended for support. As such, use of
Project funds for any program component not meeting this condition will be
considered a breach of the terms of this Agreement and will allow the City to seek
remedies including, but not limited to, those outlined in this Agreement.
19.NO DISCRIMINATION: Provider also accepts and agrees to comply with the
following Special Conditions:
A. Provider hereby agrees that it will comply with Title VI of the Civil Rights
Act of 1964 (42 U.S.C. 2000d et seq.) prohibiting discrimination on the basis of
race, color, national origin, handicap, or sex.
B. Provider hereby 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 and public
accommodations 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.
C. The City endorses, and Provider shall comply with, the clear mandate of
the Americans with Disabilities Act of 1990 (ADA) to remove barriers, which
prevents qualified individuals with disabilities from enjoying the same employment
opportunities that are available to persons without disabilities.
D. The City also endorses the mandate of the Rehabilitation Act of 1973 and
Section 504 and prohibits discrimination on the basis of disability and requires that
Provider provides equal access and equal opportunity and services without
discrimination on the basis of any disability.
20.GOVERNING LAW AND EXCLUSIVE VENUE: This Agreement shall be governed
by, and construed in accordance with, the laws of the State of Florida, both
substantive and remedial, without regard to principles of conflict of laws. The
exclusive venue for any litigation arising out of this Agreement shall be Miami Dade
County, Florida, if in State court, and the U.S. District Court, Southern District of
Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT, THE CITY
AND Provider EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE
TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING
OUT OF, THIS AGREEMENT.
9 of 12
DocuSign Envelope ID:4431 E74A-9236-4241-BB07-D1 A4CD568E84
21.NO WAIVER: No waiver of any breach or failure to enforce any of the terms,
covenants, conditions or other provisions of this Agreement by either party at any
time shall in any way affect, limit, modify or waive either party's right thereafter to
enforce or compel strict compliance with every term, covenant, condition or other
provision hereof.
22.CAPTIONS USED IN THIS AGREEMENT: Captions, as used in this Agreement,
are for convenience of reference only and should not be deemed or construed as
in any way limiting or extending the language or provisions to which such captions
may refer.
23.CONTRACT REPRESENTS TOTAL AGREEMENT: This Agreement, including its
special conditions and exhibits, represents the whole and total agreement of the
parties. No representations, except those contained within this Agreement and its
attachments, are to be considered in construing its terms. No modifications or
amendments may be made to this Agreement unless made in writing signed by
both parties. Any modification to the Project Amount shall require approval by the
Mayor and City Commission.
IN WITNESS THEREOF, the Parties hereto have caused this MOU to be executed
by their respective and duly authorized officers as of the day and year first written above.
ATTEST
Borinquen Health Care Center Inc. CITY OF MIAMI BEACH,
a Florida not for profit Corporation a Municipal Corporation of the State of
Florida
By: P , ,^, By:
Paul Carl Velez A' a T. Hudak
APPROVED AS TO
FORM & LANGUAGE
FOR EXECUTION
4 tI- — 0140L
City Attorney Fil Date
10 of 12
DocuSign Envelope ID:4431E74A-9236-4241-BB07-D1A4CD568E84
EXHIBIT A
Borinquen Medical Centers, through contract with The Children's Trust (and in
collaboration with MDCPS and DOH) has implemented a school health program that
provides comprehensive and coordinated on-site health services- including first aid,
nursing assessment and counseling to public school children. Staffed by registered
nurses, licensed practical nurses, medical assistants, social workers, and mental health
professionals. Borinquen Medical Centers is operating 31 school sites in Central Miami-
Dade County.
The School Health Program, through funding and partnership with the City of Miami
Beach and Borinquen Medical Centers, has also implemented the provision of additional
services in the form of flu vaccines. As the school health Provider, Borinquen Medical
Centers (BMC) will be providing flu vaccines on-site to those students who have not
received their flu shot.
Miami Beach public school sites for flu shot administration:
Miami Beach Senior High School
Miami Beach Nautilus Middle School
Miami Beach Fienberg Fisher K-8
Miami Beach South Pointe Elementary
North Beach Elementary
Biscayne Beach Elementary
Flu shot range per administration:
Cost of Fluarix per box of 10 prefilled syringes is $160.00 (Fluarix covers 3yrs and up)
Cost of Flucelvax per box of 10 prefilled syringes $179.58 (also 3yrs and up)
Additional Supply Cost of supply per unit per
supporting administration administration
Spot Bandaid $0.01
Eclipse Needle with Safety $0.22
Gloves (1 pair) $0.13
Alcohol Pad $0.01
Total $0.37
Administration fee per child at the school site clinic: $5.00.
Range of cost per shot: $16.37 to $23.33.
11 of 12
DocuSign Envelope ID.4431 E74A-9236-4241-BB07-D1 A4CD568E84
Activity Description
Flu Vaccination Provision of health-related services in the school setting.
Flu vaccination is provided to support student health and to promote a healthy school
environment that is conducive to student well-being.
Flu Vaccination Consents will be disseminated through coordination with MDCPS.
Coordination
Parents will be informed via use of"ConnectEd" messaging and notification sent home
with student.
Parents will also be informed via promotion/advertisement by City of Miami Beach
partners.
Flu vaccination supplies with be purchased by City of Miami Beach partner.
Flu vaccination supplies will be ordered by BMC.
Flu Vaccination Flu vaccination will be administered to students with a signed consent form.
Administration
BMC Provider (SHP APRN) will be on site to order and document vaccine
administration.
Nurse will administer vaccine to student.
12 of 12
DocuSign Envelope ID 4431E74A-9236-4241-B807-DIA4CD568E84
RESOLUTION NO. 2021-31777
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING THE DISTRIBUTION
OF FLU VACCINES TO MIAMI BEACH YOUTH RESIDENTS DURING
THE 2021-22 SCHOOL YEAR THROUGH A MEMORANDUM OF
UNDERSTANDING WITH BORINQUEN HEALTH CENTERS, IN AN
AMOUNT NOT TO EXCEED $15,000, SUBJECT TO THE CITY
COMMISSION APPROPRIATING THE FUNDS; AND FURTHER,
APPROVING THE DISTRIBUTION OF FLU VACCINES EACH
SUBSEQUENT SCHOOL YEAR, SUBJECT TO AND CONDITIONED
UPON THE CITY COMMISSION'S APPROPRIATION OF FUNDING FOR
EACH SUBSEQUENT YEAR, AT A COST TO THE CITY IN AN AMOUNT
NOT TO EXCEED $15,000 ANNUALLY; AND FURTHER, AUTHORIZING
THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY
AGREEMENTS NECESSARY TO EFFECTUATE THE DISTRIBUTION
OF FLU VACCINES.
WHEREAS,on February 24, 2020,the City entered into a Memorandum of Understanding
(MOU) with Borinquen Health Services to provide for funding and implementation of a Flu Shot
Program at Miami Beach public schools with additional support from partnership with The
Children's Trust; and
WHEREAS, the program was funded through the general fund at a cost of $15,000 and
a term of March 1, 2020 to October 31, 2020; and
WHEREAS, at the October 14, 2020 Commission Meeting, in light of the closure of public
schools and the public health concern of the COVID-19 pandemic,the City Commission approved
amending the original MOU to use remaining allocated funds to expand the flu shot program to
extend to all Miami Beach youth residents under the age of 18, with flu shots administered at City
parks or recreational facilities; and
WHEREAS, on November 4, 2020, the term of the agreement was extended to March 1,
2021; and
WHEREAS, the City's efforts in 2020-21 resulted in 201 youth receiving the flu vaccine;
and
WHEREAS, according to the Centers for Disease Control and Prevention (CDC)the best
way to prevent flu is with the seasonal flu vaccine and thus the CDC recommends that everyone
6 months and older get a seasonal flu vaccine each year by the end of October; and
WHEREAS, as long as flu viruses are circulating, vaccination should continue throughout
flu season, even in January or later; and
WHEREAS, the CDC cautions that the seasonal flu is still of grave concern; though
reports of influenza-like illness (ILI) for 2020-21 were lower than average, ILI surveillance has
been affected by the COVID-19 pandemic and should be interpreted with caution; and
DocuSign Envelope ID 4431 E74A-9236-4241-BB07-D1A4CD568E84
WHEREAS, precautions taken to guard against the spread of COVID-19 likely helped
stem the transmission of seasonal flu; therefore relaxation of these precautions will likely see an
increase in transmission of seasonal flu; and
WHEREAS, given the ongoing public health concerns of the seasonal flu in tandem with
the COVID-19 pandemic, the City acknowledges the continued need to ensure that all resident
youth who, with parent permission, wish to receive a flu shot, can do so at no cost; and
WHEREAS, as such, the City Administration recommends that the City of Miami Beach,
funds a program for Miami Beach youth residents to receive flu vaccines during the 2021-2022
through a Memorandum of Understanding with Borinquen Health Centers school year, in an
amount not to exceed $15,000 annually, and further recommends that the City Commission
authorize the distribution of flu vaccines to Miami Beach youth residents for each subsequent
fiscal year, and authorize the City Manager to execute any and all documents or agreements in
connection with the program, at a cost not to exceed $15,000 annually.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby approve the distribution of flu vaccines to Miami Beach youth residents during
the 2021-22 School year through a Memorandum of Understanding with Borinquen Health
Centers, in an amount not to exceed $15,000, subject to the City Commission appropriating the
funds; and further, approve the distribution of flu vaccines each subsequent school year, subject
to and conditioned upon the City Commission's appropriation of funding for each subsequent
year, at a cost to the City in an amount not to exceed $15,000 annually; and further, authorizing
the City Manager to negotiate and execute any agreements necessary to effectuate the
distribution of flu vaccines.
. PASSED and ADOPTED this day of July, 2021.
ATTEST:
Dan Gelber, Mayor
S/ /2cnP
Raf el E. ranad. , ity Clerk
(sponsored by Commissioner Mark Samuelian)
, ,, APPROVED AS TO
�'a 1j c' FORM a LANGUAGE
'`S` \Jr
a ', &FOR EXECUTION
If! OR ED'
H{Z•„,� CityAtlomey �{' Date ,
2
DocuSign Envelope ID 4431E74A-9236-4241-BB07-D1A4CD568E84
Resolutions-C7 Q
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Alina T. Hudak, City Manager
DATE: July 28,2021
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, APPROVING THE DISTRIBUTION OF FLU
VACCINES TO MIAMI BEACH YOUTH RESIDENTS FOR FISCAL YEAR
2021-2022 AND EACH SUBSEQUENT FISCAL YEAR, SUBJECT TO
AVAILABILITY AND FUNDING APPROVAL BY THE CITY'S BUDGETARY
PROCESS FOR EACH SUBSEQUENT YEAR, AT A COST TO THE CITY IN
THE AMOUNT NOT TO EXCEED $15,000 ANNUALLY; AND FURTHER
AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AGREEMENTS
AND DOCUMENTS NECESSARY TO EFFECTUATE THE DISTRIBUTION
OF THE VACCINES.
RECOMMENDATION
Administration is recommending the approval of this Resolution to provide Flu vaccinces to
Miami Beach youth.
BACKGROUND/HISTORY
On February 24, 2020, the City entered into a Memorandum of Understanding (MOU) with
Borinquen Health Services to provide for funding and implementation of a Flu Shot Program at
Miami Beach public schools with additional support from partnership with The Children's Trust.
The project was funded through the general fund at a cost of $15,000 and a term of March 1,
2020 to October 31, 2020. In light of the closure of public schools and the public health concern
of the COVID-19 pandemic, at the October 14, 2020 Commission Meeting, the City
Commission approved amending the original MOU to use remaining allocated funds to expand
the flu shot program to extend to all Miami Beach youth residents under the age of 18, with flu
shots administered at City parks or recreational facilities. On November 4, 2020, the term of the
agreement was extended to March 1,2021.
The City's efforts in 2020-21 resulted in 201 youth receiving the flu vaccine.
ANALYSIS
According to the Centers for Disease Control and Prevention(CDC)the best way to prevent flu
is with the seasonal flu vaccine. The CDC recommends that everyone 6 months and older get a
seasonal flu vaccine each year by the end of October. However, as long as flu viruses are
circulating,vaccination should continue throughout flu season,even in January or later.
Page 504 of 2012
DocuSign Envelope ID.4431 E74A-9236-4241-BB07-D1A4CD568E84
The CDC cautions that the seasonal flu is still of grave concern. Though reports of influenza-like
illness (I L I) for 2020-21 were lower than average, ILI surveillance has been affected by the
COVI D-19 pandemic and should be interpreted with caution. Precautions taken to guard against
the spread of COVI D-19 likely helped stem the transmission of seasonal flu. Relaxation of
these precautions,therefore,will likely see an increase in transmission of seasonal flu.
Given the ongoing public health concerns of the seasonal flu in tandem with the COVID-19
pandemic, the City acknowledges the continued need to ensure that all resident youth who, with
parent permission,wish to receive a flu shot, can do so at no cost.
SUPPORTING SURVEY DATA
49.1 % of Miami Beach residents are satisfied and very satisfied with public schools in Miami
Beach.
FINANCIAL INFORMATION
FY22 $15,000
Applicable Area
Citywide
Is this a"Residents Right Does this item utilize G.O.
to Know" item.pursuant to Bond Funds?
City Code Section 2-14?
No No
Strategic Connection
Prosperity-Be known for(K-12)educational excellence.
Legislative Tracking
Organizational Development Performance Initiatives
Sponsor
Commissioner Mari( Samuelian
Page 505 of 2012
DocuSign Envelope ID:4431E74A-9236-4241-BB07-D1A4CD568E84
DocuSign Envelope ID:98309089-5CF6-49D3-87AE-6FC48AE85339
AMENDMENT NO. 1
MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF MIAMI BEACH AND BORINQUEN HEAL TH CARE CENTER, INC.
TO IMPLEMENT A FLU PROGRAM FOR SCHOOL YEAR 2019/2020
THIS Amendment No. 1 to the MEMORANDUM OF UNDERSTANDING TO
IMPLEMENT A FLU PROGRAM FOR SCHOOL YEAR 2019/2020 dated on or about
February 24, 2020 between the CITY OF MIAMI BEACH, a municipal corporation existing
under the laws of the State of Florida ( he "City"), Borinquen Health Care Center, Inc. (the
"Consultant"), is made and entered this day of NOVEMBER, 2020.
RECITALS
WHEREAS, the Parties have determined that a program to provide Flu
immunizations attending public schools is in the best interest of the health and public
welfare of the City of Miami Beach; and
WHEREAS, Provider, through contract with The Children's Trust (and in
collaboration with MDCPS and DOH) has implemented a school health program that
provides comprehensive and coordinated on-site health services- including first aid,
nursing assessment and counseling to public school children. Staffed by registered
nurses, licensed practical nurses, medical assistants, social workers, and mental health
professionals. Borinquen Medical Centers is operating 31 school sites in Central Miami-
Dade County; and
WHEREAS, the School Health Program, through funding and partnership with the
City of Miami Beach and Bonnquen Medical Centers, has also implemented the provision
of additional services in the form of flu vaccines; and
WHEREAS, as the school health provider, Borinquen Medical Centers of Miami-
Dade is providing flu vaccines on-site at Miami Beach Public School Locations to those
students who have not received their flu shot in an amount not to exceed $15,000 ("City
Funding"); and
WHEREAS, at the October 14, 2020 City Commission Meeting, the City
Commission approved expanding the flu shot program to extend to Miami Beach
residents under the age of 18, which flu shots program shall be administered at a City
park or recreational facility, subject to the City's prior approval.
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
Calvin Giordano&Associates,Inc.,Amendment No.3
DocuSign Envelope ID:4431E74A-9236-4241-BB07-D1A4CD568E84
DocuSign Envelope ID:983090B9-5CF6-49D3-87AE-6FC48AE85339
Amendment No. 1
2. MODIFICATIONS
• a) The Flu Shot Program, as defined in the Agreement and the attached Exhibit 1,
shall be amended to expand the Flu Shot Program to include administering Flu
Vaccination at City park or recreational facilities, subject to the City's prior approval, to
City of Miami Beach residents under the age of 18("Expanded Service").
b) The term, as provided in Article 1 of the Agreement shall be amended to provide
that the term shall be from March 1, 2020 to March 1, 2021.
c) Nothing contained herein shall amend, increase, or decrease the City Funding,
as provided in the Agreement.
3. OTHER PROVISIONS.
All other provisions of the Agreement, as amended, are unchanged.
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: p DocuSigned by: a9
pAGAI/' — i —as
''�''1�` L e. arkA,c k ,�lwtwt� 11Mr'AtLt.s �� C\
`-24A05C13ADDC465.. `-28CA1 194070496
Rafael E. Granado, City Clerk Jimmy L. Morales, City Manager
11/4/2020 11:29 AM EST
APPROVED AS TO
FORM& LANGUAGE
8 FOR EXECUTION
co,/maney if Date
ATTEST: PROVIDER
Borinquen Health Care Center, Inc.
DocuSzgned by:
PAUL CAA W
` 9.)E35EBreA7484...
Paul Carl Velez
11/2/2020 1 1:09 PM PST
Calvin Giordano&Associates,Inc.,Amendment,Vo.3