Memorandum of Understanding with the Miami Beach Chamber Education Foundation, Inc. 2C1t;,- 2-g3LS
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF MIAMI BEACH AND THE MIAMI BEACH CHAMBER
EDUCATION FOUNDATION, INC., TO IMPLEMENT A MIAMI BEACH NURSE
ENHANCEMENT INITIATIVE FOR BEHAVIORAL HEALTH SERVICES FOR
SCHOOL YEAR 2016-2017
This is a M emorandum of Understanding ("MOU") made and entered into this
ZCcxiay of 3017 , 2016, by and between the City of Miami Beach
("CITY") and the Miami Beach Chamber Education Foundation, Inc. ("MBCEF")
(collectively, the "Parties") to provide for funding and for the implementation of a Miami
Beach Nurse Enhancement Initiative for Behavioral Health Services as provided herein,
and as to be provided in an agreement between MBCEF and The Children's Trust
("TCT").
WITNESSETH
WHEREAS, the Parties have determined that a program to provide healthcare
services to students attending underserviced public schools is in the best interest of the
health and public welfare of the City of Miami Beach; and
WHEREAS, due to the success of Nurse Initiatives in School Years 2013-2014
and 2014-2015 and the Enhanced Nurse Initiative in School Year 2015-2016, which
were established at North Beach Elementary, Treasure Island Elementary, and Ruth K.
Broad K-8 Center, the City wishes to continue and expand behavioral health services
for public schools within the City by providing for a licensed clinical social worker one
day a week at Miami Beach Senior High School, Nautilus Middle School, Feinberg-
Fisher K-8 Center, Biscayne Elementary School, and South Pointe Elementary School
(the "Participating Schools") for the 2016-2017 School Year; and
WHEREAS, a Miami Beach Nurse Enhancement Initiative for Behavioral Health
Services ("Initiative") should be established at the Participating Schools for School
Year 2016-2017, as herein provided, and pursuant to a separate agreement to be
entered into between MBCEF and TCT to provide for the staffing and the payment of
certain costs associated with Initiative.
NOW, THEREFORE, in consideration of the mutual terms, conditions, promises,
covenants, and payments hereinafter set forth, the Parties agree to provide behavioral
health services for the Participating Schools during the 2016-2017 School Year as
follows:
1: MBCEF shall enter into an agreement with TCT whereby TCT, through its
contractor Borinquen, shall provide the following in-kind services, set forth in
subsections a-f and valued at $22,000, and whereby TCT shall provide the
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following in-kind funding, set forth in subsection g and valued at $13,400, at
the Participating Schools during the 2016-2017 School Year:
a. Promote a wellness approach within each Participating School by
training various school staff members;
b. Conduct school-wide behavioral screenings that will lead to early
identification of at-risk students;
c. Implement protocols that ensure behavioral screenings are administered
briefly, efficiently, and respectfully;
d. Support identified students and their families by linking them to
appropriate clinical intervention and supportive services;
e. Collaborate with various clinical teams at the Participating Schools and
in the community; and
f. Deliver culturally competent services and support systems.
g. In-kind funding, valued at $13,400, for a full-time licensed clinical social
worker in the Participating Schools for the months of August and
September, 2016.
2. MBCEF shall provide certain schedules and reports as follows:
Monthly reports, due on the 15th day of the following month, and an annual
report due on July 1, 2017, shall be provided to the CITY and the
Participating Schools documenting the percentage of students returning to
class after all visits relative to the services provided by the licensed clinical
social worker at the Participating Schools.
3. On or before October 31, 2016, the CITY shall provide funds to MBCEF in the
amount of $53,600 for the City's share of Initiative services from October 1,
2016 to July 31, 2017 ("CITY'S Contribution"), subject to the following
conditions:
a) a favorable recommendation of the Initiative is made by the
CITY's Finance and Citywide Projects Committee in July, 2016;
and
b) the CITY approves a budget during the CITY'S budget hearings
in September, 2016 that provides funding for the CITY'S
Contribution.
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MBCEF shall hold the CITY'S Contribution in escrow pending the execution
of MBCEF's agreement with TCT referenced in paragraph 1.
4. MBCEF shall serve as the fiscal agent to collect the CITY's Contribution to be
paid as provided in paragraph 3 above, and MBCEF shall disperse the
CITY's Contribution to TCT only after MDCEF and TCT have executed the
agreement referenced in paragraph 1 and after receipt of invoices from TCT.
5. MBCEF shall indemnify and hold harmless the CITY and its respective
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 MBCEF or its employees, agents, servants, partners, principals, or
subcontractors. MBCEF 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 attorney's fees which
may issue thereon.
6. In the event that any of the provisions in this MOU are not performed, or if the
Initiative is terminated after the CITY's Contribution has been dispersed to
MBCEF as provided in paragraph 3, then MBCEF shall promptly reimburse to
the CITY any and all unused funds.
7. The term of this MOU ("Term") shall commence upon execution of this MOU
by all parties hereto, and shall have an initial term of October 1, 2016 to July
31, 2017, with two (2) renewal options from October 1, 2017 to July 31, 2018
and from October 1, 2018 to July 31, 2019, respectively, to be exercised at
the City Manager's sole option and discretion, by providing MBCEF with
written notice of same no less than thirty (30) days prior to the expiration of
the initial term and at the expiration of the first renewal term, if exercised.
Notwithstanding the Term provided herein, MBCEF shall adhere to any
specific timelines, schedules, dates, and/or performance milestones for
completion and delivery of the services, as set forth in paragraphs 1, 2, and 4.
8. Upon reasonable verbal and written notice to MBCEF, and at any time during
normal business hours (i.e., 9:00 a.m. — 5:00 p.m., Monday through Friday,
excluding nationally recognized holidays), and as often as the City Manager
may, in his/her reasonable discretion and judgement deem necessary, there
shall be made available to the City Manager, and/or such representatives as
the City Manager may deem to act on the City's behalf, to audit, examine,
and/or inspect, any and all documents and/or records relating to all matters
covered by this MOU. MBCEF shall maintain any and all such records at its
place of business at the address set forth in paragraph 10 of this MOU.
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9. 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, MBCEF 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.
10. All notices and communications in writing, required or permitted hereunder,
shall be delivered personally to the representatives of the MBCEF and the
CITY listed below or may be mailed by U.S. Certified Mail, return receipt
requested, postage prepaid, or by a nationally recognized overnight delivery
service. Until changed by notice in writing, all notices and communications
shall be addressed as follows:
TO MBCEF: Jerry Libbin, President and CEO
Miami Beach Chamber Education Foundation, Inc.
1920 Meridian Avenue, 3rd Floor
Miami Beach, Florida 33139
TO CITY: Jimmy Morales, City Manager
City of Miami Beach
1700 Convention Center Drive, 4th Floor
Miami Beach, Florida 33139
With copy to:
Dr. Leslie Rosenfeld, Chief Learning Officer
City of Miami Beach
1700 Convention Center Drive, 3rd Floor
Miami Beach, Florida 33139
Notice may also be provided to any other address designated by the Party to
receive notice if such alternate address is provided via U.S. certified mail, return
receipt requested, hand-delivered, or by overnight delivery. In the event an
alternate notice address is properly provided, notice shall be sent to such
alternate address in addition to any other address which notice would otherwise
be sent, unless other delivery instructions are specifically provided for by the
Party entitled to notice. Notice shall be deemed given on the day on which
personally served, or the day of receipt by either U.S. certified mail or overnight
delivery service.
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IN WITNESS THEREOF, the Parties hereto have executed by their respective
and duly authorized officers the day and year first above written.
ATTEST: CITY OF MIAMI BEACH, a Murficir:1
Corporation of the State of Elofid.
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By: Ps" Alifs' UBE:144h.
Rafael E. Granado, ********* Levin& f.T0/.
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City Aff Y Dote
ATTEST: MIAMI BEACH CHAMBER EDUCATION
FOUNDATION, INC.
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By: By:
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