Amendment NO.1 to the MOU W/ North Bay Villiage and others DocuSign Envelope ID:1FD20F85-BC27-4FE7-A7B5-B7FCA90A8D88 23 I q 3o \fc,
AMENDMENT NO. 1
TO THE MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF MIAMI BEACH, NORTH BAY VILLAGE, THE TOWN OF BAY HARBOR
ISLANDS, THE TOWN OF SURFSIDE, BAL HARBOUR VILLAGE, AND
THE MIAMI BEACH CHAMBER EDUCATION FOUNDATION TO IMPLEMENT A
NURSE ENHANCEMENT INITIATIVE FOR SCHOOL YEAR 2018/2019
Amendment No. 1 ("Amendment") is made and entered into this 24 day of
Dace-*+acn , 2018, by and between the City of Miami Beach, Florida, a municipal
corporation organized and existing under the lawsof the State of Florida, having its
principal place of business at 1700 Convention Center Drive, Miami Beach, Florida 33139
("CITY"), North Bay Village ("NBV"), the Town of Bay Harbor Islands ("TBHI"), the
Town of Surfside("TS"),Bal Harbour Village("BHV"),and the Miami Beach Chamber
Education Foundation, Inc. ("MBCEF") (collectively, the "Parties") to amend the
Memorandum of Understanding entered into on May 17, 2018 ("MOU")as follows:
RECITALS
WHEREAS, the Parties have determined that a program to provide healthcare
services to students attending underserviced public schools is in the best interests of the •
health and public welfare of the City of Miami Beach, North Bay Village, the Town of Bay
Harbor Islands, the Town of Surfside, and Bal Harbour Village (the "Participating
Municipalities"); and
WHEREAS, following the Parties' determination that students at North Beach
Elementary, Treasure Island Elementary, and Ruth K. Broad Bay Harbor K-8 Center(the
"Participating Schools")did not have full-time on-site healthcare services and were,thus,
underserved as compared to other public schools in the feeder pattern that falls within the
City of Miami Beach,the Parties entered into a Memorandum of Understanding on August
19, 2013 for a Nurse Initiative, and another Memorandum of Understanding on April 23,
2014, to provide healthcare services to the Participating Schools during the 2013/2014
and the 2014/2015 School Years; and
WHEREAS, due to the success of Nurse Initiatives during the 2013/2014 and
2014/2015 School Years, the Parties implemented an enhanced nurse initiative ("Nurse
Enhancement Initiative")for the 2015/2016,2016/2017,and the 2017/2018 School Years
for the Participating Schools because the basic healthcare services previously funded in
the Nurse Initiative by the Participating Municipalities, the MBCEF, and the Children's
Trust, were provided by the Children's Trust via the new School Health Programs, and
WHEREAS, the Nurse Enhancement Initiative established at the Participating
Schools for School Years 2015/2016, 2016/2017,and 2017/2018 was a success and the
Parties wish to provide for another nurse enhancement initiative for the 2018/2019 School
Year,and
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DocuSign Envelope ID:1FD20F85-BC27-4FE7-A7B5-B7FCA90A8D88
WHEREAS, a Nurse Enhancement Initiative should be established at the
Participating Schools for School Year 2018/2019 as herein provided and pursuant to a
separate agreement to be entered into between MBCEF and TCT.
NOW, THEREFORE, in consideration of the mutual conditions and promises
contained herein, the Parties agree to amend the MOU as follows:
1. ABOVE RECITALS.
The above recitals are true and correct and are incorporated as part of this
Amendment.
2. MODIFICATIONS.
The MOU is hereby amended (deleted items struslk-through and inserted items
underlined)as follows:
(a) Paragraph 3 of the MOU is hereby amended and replaced with the
following:
1. On or before October31,2018,the Participating Municipalities shall
provide their proportionate share of funds for the 2018/2019 Nurse
Enhancement Initiative to MBCEF, subject to budget approval by the
Participating Municipalities, which funds MBCEF shall hold in escrow
pending the execution of its agreement with TCT referenced in paragraph
1. The Participating Municipalities' proportionate remaining share of
funding for the 2018/2019 School Year shall be paid by October 31,2018
in the following amounts:
i)CMB shall provide funding in the amount of$15,400.00;
ii) NBV shall provide funding in the amount of$6,600.00;
iii) TBHI shall provide funding in the amount of$3,667,90$8,112 for
2 days of service at Ruth K. Broad Bay Harbor K-8 Center;
iv) TS shall provide funding in the amount of$3; 00$8.112 for 2
days of service at Ruth K. Broad Bay Harbor K-8 Center,
v) BHV shall provide funding in the amount of$3,667.09$8,112 for
2 days of service at Ruth K. Broad Bay Harbor K-8 Center,
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DocuSign Envelope ID:1 FD20F85-BC27-4FE7-A7B5-B7FCA90A8D88
3. RATIFICATION.
Except as amended herein,all otherterms and conditions of the MOU shall remain
in full force and effect. In the event there is a conflict between the provisions of this
Amendment and the MOU, the provisions of this Amendment shall govern.
(THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK)
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DocuSign Envelope ID:1FD20F85-BC27-4FE7-A7B5-B7FCA90A8D88
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 Municipal
Corporation of the State of Florida
By: Al By: --
Raf.-I E. "ranad•, Ci Clerk Dan Gelber, Mayor
;-\\
=` r= APPROVED AS TO
FORM & LANGUAGE
<ID
:. &FOR EXECUTION
-� "! City Attorney, Dote
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DocuSign Envelope ID:IFD20F85-BC27-4FE7-A7B5-B7FCA90A8D88
ATTEST: NORTH BAY VILLAGE, a Municipal
Corporation of the State of Florida
By: 1� � � By: �,
-.
y` --
Vii a�!!e I- } Village Manager
jatgay V!!!a
+
Approved as to form and I m
Legal sufficiency
114 Bay island
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DocuSign Envelope ID:IFD20F85-BC27-4FE7-A7B5-B7FCA90A8D88
•
ATTEST: TOWN OF BAY HARBOR ISLANDS, a Municipal
Corporation of thY State of Florida
p C/�
By:
/1 -/,1 \ B 111/4) 0 G
sown lerk yor own Manager
Approved as to form and
Legal sufficie{a y
, is ‘))) A_;K..________
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DocuSign Envelope ID:IFD20F85-BC27-4FE7-A7B5-B7FCA90A8D88
ATTEST: TOWN OF SURFSIDE; a Municipal
Corporation of the State of Florida
ti
By: / By: 11
Town Cle Mayor own-►anager
Approved as to form and
Legal sufficiency
Q1"9/2.-
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DocuSign Envelope ID:IFD20F85-BC27-4FE7-A7B5-B7FCA90A8D88
ATTEST: BAL HARBOUR VILLAGE,a Municipal
Corporation of the State of Florida
By: 1. /�_�� By:
V�!'! a-_ (.1 ayor I Mana er`
Approved as to form and
Legal sufficiency
/` ! " / _ •'J /
Page 8 of 9
(A^dri'`
DocuSign Envelope ID:1FD20F85-BC27-4FE7-A7B5-B7FCA90A8D88
•
ATTEST: MIAMI BEACH CHAMBER EDUCATION
FOUNDATION
By: By: �,,7,_ �-AP-f-,1404
Approved as to form and
Legal sufficiency
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DocuSign Envelope ID:1FD20F85-BC27-4FE7-A7B5-B7FCA90A8D88
MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF MIAMI BEACH, NORTH BAY VILLAGE, THE TOWN OF BAY HARBOR
ISLANDS, THE TOWN OFSURFSIDE, BAL HARBOUR VILLAGE, AND
THE MIAMI BEACH CHAMBER EDUCATION FOUNDATION TO IMPLEMENT A
NURSE ENHANCEMENT INITIATIVE FOR SCHOOL YEAR 2018/2019
This is a Memorandum of Understanding ("MOU") made and entered into this
1 ' day of IA Q+, , 2018, by and between the City of Miami Beach
("CMB"), North Bay(AM
("NBV"), the Town of Bay Harbor Islands ("TBHI"), the
Town of Surfside ("TS"), Bal Harbour Village ("BHV"), and the Miami Beach
Chamber Education Foundation, Inc. ("MBCEF") (collectively, the "Parties") to
provide for funding and for the implementation of a Nurse Enhancement Initiative 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 interests of
the health and public welfare of the City of Miami Beach, North Bay Village, the Town of
Bay Harbor Islands, the Town of Surfside, and Bal Harbour Village (the "Participating
Municipalities"); and
WHEREAS, following the Parties" determination that students at North Beach
Elementary, Treasure Island Elementary, and. Ruth K. Broad Bay Harbor K-8 Center
(the "Participating Schools") did not have full-time on-site healthcare services and
were, thus, underserved as compared to other public schools in the feeder pattern that
falls within the City of Miami Beach, the Parties entered into a Memorandum of
Understanding on August 19, 2013 for a Nurse Initiative, and another Memorandum of
Understanding on April 23, 2014, to provide healthcare services to the Participating
Schools during the 2013/2014 and the 2014/2015 School Years; and
WHEREAS, due to the success of Nurse Initiatives during the 2013/2014 and
2014/2015 School Years, the Parties implemented an enhanced nurse initiative ("Nurse
Enhancement Initiative") for the 2015/2016, 2016/2017, and the 2017/2018 School
Years for the Participating Schools because the basic healthcare services previously
funded in the Nurse Initiative by the Participating Municipalities, the Miami Beach
Chamber Education Foundation, Inc., and the Children's Trust, were provided by the
Children's Trust via the new School Health Programs, and
WHEREAS, the Nurse Enhancement Initiative established at the Participating
Schools for School Years 2015/2016, 2016/2017, and 2017/2018 was a success and
the Parties wish to provide for another nurse enhancement initiative for the 2018/2019
School Year; and
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DocuSign Envelope ID:IFD20F85-BC27-4FE7-A7B5-B7FCA90A8D88
WHEREAS, a Nurse Enhancement Initiative should be established at the
Participating Schools for School Year 2018/2019 as herein provided and pursuant to a
separate agreement to be entered into between MBCEF and TCT.
NOW, THEREFORE, in consideration of the mutual terms, conditions, promises,
covenants, and payments hereinafter set forth, the Parties agree to provide for a Nurse
Enhancement Initiative for the Participating Schools during the 2018/2019 School Year
as follows:
1. MBCEF shall enter into an agreement with TCT whereby TCT shall provide
services for behavioral health and TCT shall provide certain schedules and
reports as follows:
a) A monthly report of services provided at each of the Participating
Schools shall be provided to the Participating Schools and to MBCEF;
and
b) A monthly and an annual report shall be provided to the Participating
Municipalities and to MBCEF documenting the percent of students
returning to class after all visits relative to the above services at the
Participating Schools.
2. On or before November 10, 2018, MBCEF shall provide funding to TCT for
the 2018/2019 Nurse Enhancement Initiative in the amount of$7,000.
3. On or before October 31, 2018, the Participating Municipalities shall
provide their proportionate share of funds for the 2018/2019 Nurse
Enhancement Initiative to MBCEF, subject to budget approval by the
Participating Municipalities, which funds MBCEF shall hold in escrow
pending the execution of its agreement with TCT referenced in paragraph 1.
The Participating;Municipalities' proportionate remaining share of funding
for the 2018/2019 School Year shall be paid by October 31, 2018 in the
following amounts:
i)CMB shall provide funding in the amount of$15,400.00;
ii) NBV shall provide funding in the amount of$6,600.00;
iii) TBHI shall provide funding in the amount of$3,667.00;
iv) TS shall provide funding in the amount of$3,667.00;
v) BHV shall provide funding in the amount of$3,667.00;
4. MBCEF shall serve as the fiscal agent to collect the funds to be paid as
provided in paragraph 3 above and shall disperse such funds to TCT after
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DocuSign Envelope ID:1 FD20F85-BC27-4FE7-A7B5-B7FCA90A8D88
entering into the agreement with TCT referenced in paragraph 1 and upon
receipt of invoices from TCT.
5. MBCEF shall indemnify and hold harmless the Participating Municipalities
and their respective officers employees, agents and instrumentalities from
any and all liability, losses, or damages, including attorneys' fees and costs of
defense, which the Participating Municipalities or their 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 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
Participating Municipalities, where applicable, including appellate
proceedings, and shall pay all costs, judgements, and attorney's fees which
may issue thereon.
6. In the event that one or more of the Participating Municipalities is not able
to secure funds for their respective proportionate share of funding as provided
in paragraph 3, then the remaining contributing Participating Municipalities
may, in coordination with the MBCEF agree in writing to adjust the services to
be provided through the Nurse Enhancement Initiative.
7. In the event that any of the provisions in this MOU are not performed, or if the
2018/2019 Nurse Enhancement Initiative is terminated after funds have been
dispersed to MBCEF as provided in paragraphs 3 and 4, then MBCEF shall
promptly reimburse each of the Participating Municipalities their
proportionate share of unused funds. If any combination or all of the
Participating Municipalities agree to implement a Nurse Enhancement
Initiative for the 2019/2020 School Year, then MBCEF may, as directed by the
Participating Municipalities in writing, hold any unused funds in escrow to be
applied toward the 2019/2020 Nurse Enhancement Initiative. Any unused
funds shall be credited toward each of the Participating Municipalities'
proportionate share for the 2019/2020 Nurse Enhancement Initiative.
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DocuSign Envelope ID:1 FD20F85-BC27-4FE7-A7B5-B7FCA90A8D88
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 Municipal
Corporation of the State of Florida
•
By: 7 ! f / Y By:
Rafael E. Gra ado, City Clerk an Gelber, Mayor
r. • p',v r� ^r N• ` rt PPR AS
•-ci ° r. , `- gOcvj EANGUATOGE
FORM I TION
OR EXE
13
•
It ate
City Attorne
•
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DocuSign Envelope ID:1FD20F85-BC27-4FE7-A7B5-B7FCA90A8D88
ATTEST: NORTH BAY VILLAGE, a Municipal
Corporation of the State of Florida
By: / Q&,.A.QQ--_),aciA e_horD e_siage Clerk illage Manager
Approved as to form and
Legal sufficiency
/1/44.4'.47V G ,
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DocuSign Envelope ID:1FD20F85-BC27-4FE7-A7B5-B7FCA90A8D88
ATTEST: TOWN OF BAY HARBOR ISLANDS, a Municipal
Corporation of the State of Florida
B " Al "/� � By:
ow Clerk Mayor/To n /lanager
' Approved as to form and
Legal sufficie
Ames
A -. �o,�rA ).
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DocuSign Envelope ID:IFD20F85-BC27-4FE7-A7B5-B7FCA90A8D88
ATTEST: TOWN OF SURFSIDE, a Municipal
Corporation of the State of Florida
\ 1 .11111
By: e
Town Cler 4 Mayor/Town
Approved as to form and
Legal sufficiency
alkvihri&L%_
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DocuSign Envelope ID:IFD20F85-BC27-4FE7-A7B5-B7FCA90A8D88
ATTEST: BAL HARBOUR VILLAGE, a Municipal
Corporation of the State of Florida
By: .�` 4e By:
Villase Clerk Ma Nill�nag-
Approved as to form and
Legal sufficiency
c__ k;n• ti]).. . � r--
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DocuSign Envelope ID:1 FD20F85-BC27-4FE7-A7B5-B7FCA90A8D88
ATTEST: MIAMI BEACH CHAMBER EDUCATION
FOUNDATION
By: }e,V �1 z� kfiGi By:
4
Approved as to form and
Legal sufficiency
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