Amendment NO.2 Agreement w/ University of Miami DocuSign Envelope ID:9DC400E2-196C-45BF-A886-32126850FC36 20 L 1 _ 3 0 0 23 i
AMENDMENT NO. 2 TO THE AGREEMENT
BETWEEN
THE CITY OF MIAMI BEACH, FLORIDA
AND
UNIVERSITY OF MIAMI
This Amendment No. 2 (Amendment) to Agreement Number 2018-CMB-05, dated October 1,
2017, by and between the City of Miami Beach, Florida, a municipal corporation organized and
existing under the laws of the State of Florida, having its principal place of business at 1700
Convention Center Drive, Miami Beach, Florida 33139 (City), and the University of Miami,
having its principal place of business at 1320 S. Dixie Highway, Gables One Tower, Suite 650,
Coral Gables, FL 33146-2926 (Grantee), is entered into this 8 day a. , 2020.
RECITALS
WHEREAS, on September 25, 2017, the Mayor and City Commission adopted
Resolution Number 2017-30023, approving the Fiscal Year 2017/18 Operating Budget. Under
the category of Grants and Contributions, a grant award in the amount of$250,000 was awarded
to the Miami University to support its efforts enrolling eligible City of Miami Beach residents into
affordable health insurance coverage; and
WHEREAS, on October 1, 2017, the City and Grantee executed the Agreement with a
term commencing on October 1,2017 and ending on September 30,2019; and
WHEREAS, on October 22, 2019, the City and Grantee executed the Amendment No.
1 extending the agreement term from September 30, 2019 to September 30, 2020;
WHEREAS, the parties wish to execute Amendment No. 2, which will amend the budget
of the Agreement by making line item changes; and
WHEREAS, the total amount of funding provided under this Grant Agreement remains
unchanged at$250,000, with no additional funding provided as part of this amendment.
NOW THEREFORE, in consideration of the mutual promises and conditions contained
herein, and other good and valuable consideration, the sufficiency of which is hereby
acknowledged, the City and Grantee hereby agree to amend the Agreement as follows:
1. ABOVE RECITALS
The above recitals are true and correct and are incorporated as part of this Amendment:
FEB 0 ? 2112ii
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2. MODIFICATIONS
The Agreement is hereby amended (deleted items struck through and inserted items
underlined) as follows:
a. Paragraph 20 of Article Il is hereby deleted in its entirety and replaced with the
following:
20. CONTRACT REPRESENTS TOTAL AGREEMENT: This contract, 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 and signed by both parties. Any change to the Grant Amount
shall require approval by appropriate action by the Mayor and City Commission.
b. A new paragraph 25 is hereby added to the Agreement as follows:
25. FLORIDA PUBLIC RECORDS LAW:
A. Grantee 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 the Grantee meets the definition
of"Contractor" as defined in Section 119.0701(1)(a), the Grantee shall:
i. 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 the
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Grantee does not transfer the records to the City;
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iv. Upon completion of the Agreement, transfer, at no cost to the City, all public records
in possession of the Consultant or keep and maintain public records required by the
City to perform the service. If the Consultant transfers all public records to the City
upon completion of the Agreement, the Grantee shall destroy any duplicate public
records that are exempt or confidential and exempt from public records disclosure
requirements. If the Grantee keeps and maintains public records upon completion of
the Agreement, the Consultant shall meet 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.
D. REQUEST FOR RECORDS; NONCOMPLIANCE
i. 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 the Consultant of the request, and the Grantee must
provide the records to the City or allow the records to be inspected or copied within a
reasonable time.
ii. Grantee'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. A Grantee who fails to provide the public records to the City within a reasonable time
may be subject to penalties under s. 119.10.
E. CIVIL ACTION
i. If a civil action is filed against a Grantee to compel production of public records
relating to the City's contract for services, the court shall assess and award against
the Grantee the reasonable costs of enforcement, including reasonable attorneys'
feesif:
a. The court determines that the Grantee unlawfully refused to comply with the
public records request within a reasonable time; and
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b. At least 8 business days before filing the action, the plaintiff provided written notice
of the public records request, including a statement that the Grantee has not
complied with the request, to the City and to the Grantee.
ii. A notice complies with subparagraph (i)(b) if it is sent to the City's custodian of public
records and to the Grantee at the Grantee's address listed on its contract with the
City or to the Grantee's registered agent. Such notices must be sent by common
carrier delivery service or by registered, Global Express Guaranteed,or certified mail,
with postage or shipping paid by the sender and with evidence of delivery,which may
be in an electronic format.
iii. A Grantee who complies with a public records request within 8 business days after
the notice is sent is not liable for the reasonable costs of enforcement.
F. IF THE GRANTEE HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER
119, FLORIDA STATUTES, TO THE GRANTEE'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
c. A new paragraph 26 is hereby added to the Agreement as follows:
26. 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
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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 Grantee , 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 the Grantee, the Grantee 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 Grantee, 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 Grantee'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. The Grantee 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
contract, for examination, audit, or reproduction, until three (3) years after final payment under
this contract or for any longer period required by statute or by other clauses of this contract. In
addition:
i. If this contract is completely or partially terminated, the Grantee shall make available
records relating to the work terminated until three (3) years after any resulting final
termination settlement; and
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ii. The Grantee shall make available records relating to appeals or to litigation or the
settlement of claims arising under or relating to this contract until such appeals,
litigation, or claims are finally resolved.
F. The provisions in this section shall apply to the Grantee, its officers, agents, employees,
subcontractors and suppliers. The Grantee shall incorporate the provisions in this section in all
subcontracts and all other agreements executed by the Grantee in connection with the
performance of this contract.
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 Grantee or third parties.
d. EXHIBIT 2: "PROJECT BUDGET" is hereby amended as follows:
BUDGET AMENDMENT
EXHIBIT 2
PROJECT BUDGET- Revision 1.0
University of Miami/Wellness Clinic
Line Item Expense Total
Salary(S)and Fringe Benefits (FB)for:
Program Director(S) $314$4,047, (FB) $1,150 $4 -87 $5,196
Physician/Medical Director(S)$19,988$29,024(FB)$4,557$6,559 $ 2/1,5115$35,583
Nurse (S) $19,27 $28,972 (FB)$7,400$10,695 $-26T67-0$39,667
Coordinator/Program Administrator(S)$1.4,094$25,976 (FB)$5,4.1-2 $19596 $31,114
$9,975 $69,218 $38,555
PrEP Navigator/HIV Tester(S)$50,01.3 $28,000 (FB)$497205$10,555 $56744 $36,109
Lab Technician/PrEP Counselor(S)$41099$26,066 (FB)$4-5444 $5732 $2,264
$10,043
Courier(S)$3.998$1,672 (FB)$ -,534$592
Supplies $48,01 28 012
Printing of Educational Materials $469 $3,000
Non-Health Department Laboratory Tests $20,625 $30,500
Mobile Unit Cost $4,500 $0.00
Total $250,000
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e. EXHIBIT 2-1: "BUDGET JUSTIFICATION", is hereby amended as follows:
BUDGET AMENDMENT
EXHIBIT 2-1
BUDGET JUSTIFICATION- Revision 1.0
Personnel (Total $206,402$188,488)
1. Program Director:
Salary: $3,318 $4.047
Fringe Benefits: 26.2%, approximately 28.4% $1,150
• Oversee administrative aspects of clinic operations
2. Physician/Medical Director:
Salary: $49,988$29,024
Fringe Benefits: 22.8%, $1,557 approximately 22.6% $6,559
• Create/adapt PrEP clinical protocols to clinic venue
• Train staff in PrEP provision per CDC protocols
• Oversee clinical activities
• Oversee clinic outcome tracking
• Provide STD testing and treatment
3. Nurse (S)/ARNP:
Salary: $1-9727-0$28,972
Fringe Benefits: 38,4%7$7-408 approximately 36.9% $10,695
• Provide assessment for PrEP appropriateness and HIV prevention counseling
• Certified HIV testing counselor; will provide pre- and post-test counseling as needed
and rapid HIV test results
• Acquire drugs for uninsured patients through drug assistance programs
• Monitor patient adherence (after first week, month and quarterly)
4. Coordinator/Program Administrator:
Salary: $-14094$25,976
Fringe Benefits: 38.4%$5,-12 approximately 38.4% $9,975
• Monitor overall patient load, recordkeeping, compliance and adherence
• Produce monthly reporting on progress
• Analyze outcome data under supervision of the PD and Medical Director to create
reports summarizing outcomes to further optimize implementation
• Provide quarterly reporting to Miami Beach City Commissioners
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5. PrEP Navigator/HIV Tester:
Salary: $507043$28,000
Fringe Benefits: 38.4%, $19,205 approximately 37.7% $,10,555
• Provide assessment for PrEP appropriateness and HIV prevention counseling
• Certified HIV testing counselor; will provide pre- and post-test counseling as needed
and rapid HIV test results
• Acquire drugs for uninsured patients through drug assistance programs
• Monitor patient adherence (after first week, month and quarterly)
• Oversee medical recordkeeping
• Engage in community outreach and planning with Prevention Access Campaign
6. Lab Technician/PrEP Counselor:
Salary: $11,000 $26,066
Fringe Benefits: 38.4%, $15,741 approximately$38.5% $10,043
• Conduct phlebotomy for STD, HIV and lab tests
• Provide assessments for PrEP appropriateness and PrEP counseling
• Support Navigator in drug acquisition/prior authorization/insurance work
• Certified HIV testing counselor
7. Courier:
Salary: $34:38 $1,672
Fringe Benefits: 38.1%, $1,534 approximately 35.4% $592
• Transport lab specimens to Health Department and LabCorp
Non-Personnel Expenses— Supplies (Total$1-8i8-14$28,012)
1. Technical Supplies: $10,511
Including medical supplies such as gauze, Band-Aids, condoms and lubricant,
specimen collector cups, refrigerator, injectable and oral treatments for sexually
transmitted infections.
Note that this specifically excludes PrEP medication,which will be obtained outside of
this contract through available assistance programs and insurance.
2 Lab Supplies for Phlebotomy: $6,250
Phlebotomy tubes and needles for phlebotomy, alcohol pads, tourniquets.
3: Adherence Tools -$-1-i250
Provided to patients to support adherence with PrEP medication.
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Other Expenses (Total$ 5049$33,500)
1. Educational Materials Printing: $45g$3,000
Printing of educational brochures and materials for distribution to PrEP clients to
provide information regarding PrEP, the importance of adherence, and clinic protocols
and follow-up.
2. Non-Health Department Laboratory Tests: $20,625 $30,500
Includes all tests not supplied by the Health Department.These include kidney function
tests and CBC, Hepatitis B and C, pregnancy, and other tests as required.
3. Mobile Unit Costs: $4700
Fuel and maintenance for the mobile unit.
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.
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.
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DocuSign Envelope ID:9DC400E2-196C-458F-A886-32126850FC36
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
FOR CITY: City of Miami Beach, Florida
ATTEST:
DoeuSigned by:
DocuSigned by:
By: rafati, fe arai t4.6 E9AC0518F2AA41A
24A05013ADDC4B5...
Rafael E. Granado, City Clerk Jimmy L. Morales, City Manager
9/8/2020 i 2:45 PM EDT APPROVED AS TO
Date FORM & LANGUAGE
&FOR EXECUTION �O
BC ,, City Attorn=i , I Do et
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INCORPORATED)
FOR GRANTEE: a9 c 433. University of Miami
Federal ID#59-0624458
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ATTEST: Digitally signed by Karen
okiuiryy9�ea MMano s�em�m� �
Deborah Hurdle
g =MatlaRevenwpo=Unl n,, of 'mu `•♦/1,�•' : Date:2020.08.2413:30:07
Mario Stevenson` Mn ®m�, �u,,US '' 04'00'
By:
Oate:20200834 1139:12.1W
Authorized Signature
Mario Stevenson,Chief of Infectious Diseases Karen D.Hurdle,Director,Office of Research Administration
Print Name and Title Print Name and Title
Date Aug 24, 2020
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