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Amendment No.4 to North Bay Village and others DocuSign Envelope ID:116EE4F5-87E7-4A01-BB52-C103F5559476 2©1 3 Oq 5Q, AMENDMENT NO. 4 TO THE MEMORANDUM OF UNDERSTANDING AMONG 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 2021/2022 ?a 21/2021 10i:18 PM EDT Amendment No. 4 ("Amendment") is made and entered into t is d y , 2021, by and among the City of Miami Beach, Florida("CMB"), 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; North Bay Village ("NBV"), a municipal corporation organized and existing under the laws of the State of Florida, having its principal place of business at 1666 John F. Kennedy Causeway, #3, North Bay Village, Florida 33141; the Town of Bay Harbor Islands ("TBHI"), a municipal corporation organized and existing under the laws of the State of Florida, having its principal place of business at 9665 Bay Harbor Terrace, Bay Harbor Islands, Florida 33154; the Town of Surfside ("TS"), a municipal corporation organized and existing under the laws of the State of Florida, having its,principal place of business at 9293 Harding Avenue, Surfside, Florida 33154; Bal Harbour Village ("BHV"), a municipal corporation organized and existing under the laws of the State of Florida, having its principal place of business at 655 96th Street, Bal Harbour, Florida 33154; and the Miami Beach Chamber Education Foundation, Inc. ("MBCEF"), a Florida not-for-profit corporation, having its principal place of business at 100 16th Street,Suite 6, Miami Beach, Florida 33139(collectively, the "Parties") to amend the Memorandum of Understanding entered into on May 17, 2018 ("MOU"), as amended by Amendment No, 1 to the MOU, dated December 24, 2018, Amendment No. 2 to the MOU, dated September 19, 2019, and Amendment No. 3 to the MOU, dated August 19, 2020(collectively,the "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 Miami Beach 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 Page 1 of 14 DocuSign Envelope ID:116EE4F5-87E7-4A01-BB52-C103F5559476 Participating Municipalities, the MBCEF, and the Children's Trust ("TCT"), were provided by TCT via the new School Health Programs; and WHEREAS, on May 17, 2018, CMB, NBV, TBHI, TS, BHV, and MBCEF executed the MOU for the continuation of the Nurse Enhancement Initiative for the Participating Schools for the 2018-2019 School Year; and WHEREAS, the Parties executed Amendment No. 1 to the MOU, dated December 24, 2018, adding an additional day of service at Ruth K. Broad Bay Harbor K-8 Center; and WHEREAS, on September 11,2019, the Mayor and City Commission adopted Resolution No. 2019-30956, approving Amendment No. 2 to the MOU and approving funding of CMB's contribution for each subsequent School Year, on a recurring basis, subject to funding approval during CMG's budgetary process and provided that CMB's contribution amount does not exceed $15,400.00; and WHEREAS, the Parties executed Amendment No. 2 to the MOU, dated September 19, 2019, extending the Nurse Enhancement Initiative for the Participating Schools for the 2019- 20 School Year; and WHEREAS, the Parties executed Amendment No. 3 to the MOU, dated August 19, 2020, extending the Nurse Enhancement Initiative for the Participating Schools for the 2020-21 School Year; and WHEREAS, due to the success of the Nurse Enhancement Initiative services, the Parties wish to provide the Nurse Enhancement Initiative for the 2021/2022 School Year; and WHEREAS, a Nurse Enhancement Initiative should be established at the Participating Schools for School Year 2021/2022 as herein provided and pursuant to a separate agreement between MBCEF and TCT; and WHEREAS, MBCEF shall provide funding to TCT for the 2021-2022 Nurse Enhancement Initiative in the amount of$7,000.00. 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 struck-through and inserted items underlined) as follows: a. Paragraph 3 of the MOU is hereby deleted in its entirety and replaced with the following: Page 2 of 14 DocuSign Envelope ID:116EE4F5-87E7-4A01-BB52-C103F5559476 3. On or before October 31, 2021 the Participating Municipalities shall provide their proportionate share of the funds for the 2021/2022 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 of the MOU. The Participating Municipalities' proportionate share of funding for the 2021/2022 School Year shall be paid by October 31, 2021, in the following amounts for 44 weeks, from October 1, 2021 to June 51h 2021 and August 1, 2021 to September 30.2021: i) CMB shall provide funding in the amount of$15,400: ii) NBV shall provide funding in the amount of$6,600 iii) TBHI shall provide funding in the amount of $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$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$8,112 for 2 days of service at Ruth K. Broad Bay Harbor K-8 Center; a. Paragraph 7 of the MOU is hereby deleted in its entirety and replaced with the following: 7. In the event that any of the provisions in this MOU are not performed, or if the Nurse Enhancement Initiative is terminated, during a particular School Year, after funds have been disbursed 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 in the subsequent School Year, then MBCEF may, as directed by the Participating Municipalities in writing, hold any unused funds in escrow to be applied toward the Nurse Enhancement Initiative for the subsequent School Year. Any unused funds shall be credited toward each of the Participating Municipalities' proportionate share of the funding for the subsequent School Year. b. A new paragraph 8(Audit and Inspections)is hereby added to the MOU,as follows: 8. AUDIT AND INSPECTIONS Upon reasonable verbal or written notice to MBCEF, and at any time during normal business hours(i.e. 9AM—5PM, Monday through Fridays,excluding nationally recognized holidays),and as often as the City Manager may, in his/her reasonable discretion and judgment, deem necessary, there shall be made available to the City Manager, and/or such representatives as the City Manager may deem to act on CMB's behalf, to audit, examine, and/or inspect,any and all other 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. Page 3 of 14, DocuSign Envelope ID:116EE4F5-87E7-4A01-BB52-C103F5559476 c. A new paragraph 9(Inspector General Audit Rights) is hereby added to the MOU, as follows: 9. INSPECTOR GENERAL AUDIT RIGHTS (A) Pursuant to Section 2-256 of the Code of the City of Miami Beach, CMB has established the Office of the Inspector General which may,on a random basis,perform reviews,audits, inspections and investigations on all CMB contracts, throughout the duration of said contracts. This random audit is separate and distinct from any other audit performed by or on behalf of CMB. (B) The Office of the Inspector General is authorized to investigate CMB affairs and empowered to review past, present and proposed CMB 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 CMB projects and programs. Monitoring of an existing CMB 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 2roiect design, bid specifications, (bid/proposal) submittals, activities of MBCEF, its officers, agents and employees, lobbyists, CMB 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, CMB 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 MBCEF, MBCEF 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 MBCEF, their respective officers, agents and employees, lobbyists. CMB 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 MBCEF'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. Page 4 of 14 DocuSign Envelope ID:116EE4F5-87E7-4A01-BB52-C103F5559476 (E) MBCEF 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 MOU, for examination, audit, or reproduction, until three (3) years after final payment under this MOU or for any longer period required by statute or by other clauses of this MOU. In addition: If this MOU is completely or partially terminated, MBCEF shall make available records relating to the work terminated until three(3)years after any resulting final termination settlement: and ii. MBCEF shall make available records relating to appeals or to litigation or the settlement of claims arising under or relating to this MOU until such appeals, litigation, or claims are finally resolved. (F) The provisions in this section shall apply to MBCEF, its officers, agents, employees, subcontractors and suppliers. (G) Nothina in this section shall impair any independent right of CMB to conduct audits or investigative activities. The provisions of this section are neither intended nor shall they be construed to impose any liability on CMB by MBCEF or third parties. d. A new paragraph 10(E-Verify)is hereby added to the MOU, as follows: 10. E-VERIFY (A) MBCEF 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, MBCEF 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 MOU. Additionally. MBCEF shall expressly require any subcontractors performing work or providing services pursuant to the MOU 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 MBCEF enters into a contract with an approved subcontractor, the subcontractor must provide MBCEF with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. MBCEF shall maintain a copy of such affidavit for the duration of the MOU or such other extended period as may be required under this MOU. (B) TERMINATION RIGHTS. LI] If CMB has a good faith belief that MBCEF has knowingly violated Section 448.09(1),Florida Statutes,CMB shall terminate this MOU with MBCEF,for cause, and CMB shall thereafter have or owe no further obligation or liability to MBCEF. u If CMB has a good faith belief that a subcontractor has knowingly violated the foregoing Subsection 10(A),but MBCEF otherwise complied with such subsection, CMB will promptly notify MBCEF and order MBCEF to immediately terminate the MOU with the subcontractor. MBCEF's failure to terminate a subcontract shall be Page 5 of 14 DocuSign Envelope ID:116EE4F5-87E7-4A01-BB52-C103F5559476 • an event of default under this MOU, entitling CMB to terminate MBCEF's contract for cause. 0_) A contract terminated under the foregoing Subsection (B)(1) or (B)(2) is not in breach of contract and may not be considered as such. j� CMB or MBCEF or a subcontractor may file an action with the Circuit or County Court to challenge a termination under the foregoing Subsection (B)(1) or (B)(2) no later than 20 calendar days after the date on which the contract was terminated. f) If CMB terminates the MOU with MBCEF under the foregoing Subsection (B)(1), MBCEF may not be awarded a public contract for at least 1 year after the date of termination of this MOU. MBCEF is liable for any additional costs incurred by CMB as a result of the termination of this MOU under this Section 10. e. A new paragraph 11 (MBCEF's Compliance with Florida Public Records Law) is hereby added to the MOU, as follows: 11. MBCEF'S COMPLIANCE WITH FLORIDA PUBLIC RECORDS LAW (A) MBCEF 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 CMB. (C) Pursuant to Section 119.0701 of the Florida Statutes, if MBCEF meets the definition of "Contractor" as defined in Section 119.0701(1)(a), MBCEF shall: (1) Keep and maintain public records required by CMB to perform the service; (2) Upon request from CMB's custodian of public records, provide CMB 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; (3) 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 MOU if MBCEF does not transfer the records to CMB; (4) Upon completion of the MOU, transfer, at no cost to CMB, all public records in possession of MBCEF or keep and maintain public records required by CMB to perform the service. If MBCEF transfers all public records to CMB upon completion of the MOU, MBCEF shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. if MBCEF keeps and maintains public records upon completion of the MOU, MBCEF shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to CMB, upon request from CMB's custodian of public records, in a format that is compatible with the information technology systems of CMB. Page 6 of 14 DocuSign Envelope ID:116EE4F5-87E7-4A01-BB52-C103F5559476 (D) REQUEST FOR RECORDS: NONCOMPLIANCE. Li) A request to inspect or copy public records relating to CMB's contract for services must be made directly to CMB. If CMB does not possess the requested records, CMB shall immediately notify MBCEF of the request, and MBCEF must provide the records to CMB or allow the records to be inspected or copied within a reasonable time. L21 MBCEF's failure to comply with CMB's request for records shall constitute a breach of this MOU,and CMB,at its sole discretion, may:(1)unilaterally terminate the MOU; (2)avail itself of the remedies set forth under the MOU: and/or(3)avail itself of any available remedies at law or in equity. fal IF MBCEF fails to provide the public records to CMB within a reasonable time may be subiect to penalties under s. 119.10. LES CIVIL ACTION. L1) Ifa civil action is filed against MBCEF to compel production of public records relating to CMB's contract for services, the court shall assess and award against MBCEF the reasonable costs of enforcement, including reasonable attorneys' feesif: a. The court determines that MBCEF unlawfully refused to comply with the public records request within a reasonable time: and b. At least 8 business days before filing the action, the plaintiff provided written notice of the public records request, including a statement that MBCEF has not complied with the request,to CMB and to MBCEF. 2) A notice complies with subparagraph(1)(b)if it is sent to CMB's custodian of public records and to MBCEF at MBCEF's address listed on its contract with CMB or to MBCEF'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. L3) If MBCEF 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 MBCEF HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO MBCEF'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS MOU, 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(ar�_MIAMIBEACHFL.GOV PHONE: 305-673-7411 Page 7 of 14 DocuSign Envelope ID:116EE4F5-87E7-4A01-BB52-C103F5559476 12. RATIFICATION. Except as amended herein, all other terms 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) • Page 8 of 14 DocuSign Envelope ID:116EE4F5-87E7-4A01-BB52-C103F5559476 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 p—DocuSigned DocuSigned by: p —DocuSigned by: DSrDS ��By; (�ac,l, GV'ailna�,b By; Q�i�.a �: NU.�.a� ` Rafae ."eNfgff8°FCity Clerk Alina T. E d•'a' , t�9i ' nager 7/21/2021 I 12:18 PM EDT Date: All:ROVED AS TO FORfv1 Ft. l ANGUAGE & FOR EXECUTION Page 9 of 14 :WOW C'1 ?"3/2D2J rncY Doe DocuSign Envelope ID:116EE4F5-87E7-4A01-BB52-C103F5559476 • ATTEST: NORTH BAY VILLAGE,a Municipal Corporation of the State of Florida /'.Ti.�. A By: Vil •- -rk Village Manager Date: CO /2 /2ozI Bay o�tih I/4 <�gN • 194s °� Approved as to form and • Legal sufficiency "� =� , w eirs —00.:,4111111) Bay Island Sce� • • Page 10 of 14 DocuSign Envelope ID:116EE4F5-87E7-4A01-BB52-C103F5559476 ATTEST: TOWN OF BAY HARBOR ISLANDS, a Municipal Corporation of the State of Florida • r / By: A •` .41111.41111By. Lir A Town Cler_ Ma or ow. ,,a r:g:r Date: JoAC ('fit 02 Approved as to form and Legal sufficiency G(`ee li/4)oflAArr; L4,4)3 I ,24,_ ► 1 1\ k G-akt r l owls 4foQ)ff Page 11 of 14 DocuSign Envelope ID:116EE4F5-87E7-4A01-BB52-C103F5559476 ATTEST: TOWN OF SURFSIDE, a Municipal Corporati n of the State of Florida t_LVI By: 44114 ► By: Tow"1"1"-- M yor/Town Manager Date: .51 12)1 "l Approved as to form and Legal sufficiency WEISS SEROTA HELFMAN,ET AL Town Attorney Page 12 of 14 DocuSign Envelope ID:116EE4F5-87E7-4A01-BB52-C103F5559476 • t t ATTEST: A : CBAL HARBOUR VILLAGE, a Municipal Corporation of the State of Florida • 4/ L By: 116fIL:.0 Qy: • illage Cle k M or/V ll Maned, Date: 1 Approved as to form and Legal sufficiency • Page 13 of 14 DocuSign Envelope ID: 116EE4F5-87E7-4A01-BB52-C103F5559476 ATTEST: MIAMI BEACH CHAMBER EDUCATION FOUNDATION By: By: Print Name/Title: nid Rodriguez, VP & COO t Date: Page 14 of 14 1 DocuSign Envelope ID:116EE4F5-87E7-4A01-BB52-C103F5559476 AMENDMENT NO. 3 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 2020/2021 Amendment No. 3 ("Amendment") is made and entered into this 19 day of August 2020, 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 ("CMB"), 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 amended by Amendment No, 1 to the MOU, dated December 24, 2018 and as amended by Amendment No. 2 to the MOU, dated September 19, 2019 (collectively, the "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 Miami Beach 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("TCT"),were provided by TCT via the new School Health Programs; and Page 1of9 DocuSign Envelope ID:116EE4F5-87E7-4A01-BB52-C103F5559476 WHEREAS, on May 17, 2018, CMB, NBV, TBHI, TS, BHV, and MBCEF executed the MOU for the continuation of the Nurse Enhancement Initiative for the Participating Schools for the 2018-2019 School Year;,and WHEREAS,the Parties executed Amendment No. 1 to the MOU, dated December 24, 2018, adding an additional day of service at Ruth K. Broad Bay Harbor K-8 Center; and WHEREAS, on September 11, 2019, the Mayor and City Commission adopted Resolution No. 2019-30956, approving Amendment No. 2 to the MOU and approving funding of CMB's contribution for each subsequent school year, on a recurring basis, subject to funding approval during CMB's budgetary process and provided that CMB's contribution amount does not exceed $15,400.00; and WHEREAS,the Parties executed Amendment No.2 to the MOU,dated September 19, .2019, extending the Nurse Enhancement Initiative for the Participating Schools for the 2019-20 School Year; and WHEREAS, the Parties wish to provide for another Nurse Enhancement Initiative for the 2020/2021 School Year; and WHEREAS, a Nurse Enhancement Initiative should be established at the Participating Schools for School Year 2020/2021 as herein provided and pursuant to a separate agreement between MBCEF and TCT. WHEREAS, MBCEF shall provide funding to TCT for the 2020-2021 Nurse Enhancement Initiative in the amount of$7,000.00. 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. Paragraph 3 of the MOU is hereby deleted in its entirety and replaced with the following: 3. On or before October 31, 2020 the Participating Municipalities shall provide their proportionate shareof the funds for the 2020/21 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 Page 2 of 9 DocuSign Envelope ID:116EE4F5-87E7-4A01-BB52-C103F5559476 Participating Municipalities proportionate share of funding for the 2020/21 School Year shall be paid by October 31, 2020 in the following amounts for 44 weeks from October 1,. 2020 to June 5th 2021, and August 1, 2021 to September 30,2021: i) CMB shall provided funding in the amount of$15,400.; ii) NBV shall provide funding in the amount of$6,600 iii) TBHI shall provide funding in the amount of $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$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 $8,112 for 2 days of service at Ruth K. Broad Bay Harbor K-8 Center; 4. RATIFICATION. Except as amended herein, all other terms 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) Page 3 of 9 DocuSign Envelope ID:116EE4F5-87E7-4A01-BB52-C103F5559476 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 ,-DocuSigned by: Lywoui DocuSign/e�d.by: [ DS DS 'vt"~v . LoYALtA4 R ,V mutts M� By \.9AAf15019Af1f7CdR5 By 7RCA1R19407049R Rafael E. Granado; City Clerk Jimmy L. Morales, City Manager 8/19/2020 14:34 PM EDT Date: • `PR� •TiGU AMGE FO ' XECUTION 4 p to Page 4 of 9 ;;;y Al tcrney 4 DocuSign Envelope ID:116EE4F5-87E7-4A01-BB52-C103F5559476 ATTEST: NORTH BAY VILLAGE, a Municipal Corporation of the State of Florida ( r-P2r By: By: Village Clerk Village Manager 7/15/2020 Date: .a.20 nay �r Approved as to form and 194,5 .+ a Legal sufficiency jI IA::14•E h►, "Bay Island t‘s Page 5 of 9 DocuSign Envelope ID:116EE4F5-87E7-4A01-BB52-C103F5559476 ATTEST: TOWN OF BAY HARBOR ISLANDS, a Municipal Corporation of the State of Florida T/p�p J AdAla By: / tr \\ - lay. own Clerk g41111y•'yor own M-nage Date: '2 lt2-IbrO Approved as to form and Legal sufficiency (-- ""e'C(S,-* *-------- 7,4, . Page 6 of 9 • DocuSign Envelope ID:116EE4F5-87E7-4A01-BB52-C103F5559476 ATTEST: TOWN OF SURFSIDE, a Municipal Corporation of the State of Florida By: ; -- Town Cler Mayor/Town• -ag-r Approved as to form and Legal sufficiency Page 7of.9 DocuSign Envelope ID:116EE4F5-87E7-4A01-BB52-C103F5559476 ATTEST: BAL. HARBOUR VILLAGE, a Municipal Corporation of the State of Florida By: r. __�' By: — 11111• � VIII-•e lerMayor ills•e Ma a•er Date: 7/2472 0 2 0 Approved as to form and Legal sufficiency • Page 8 of 9 DocuSign Envelope ID:116EE4F5-87E7-4A01-BB52-C103F5559476 ATTEST: MIAMI BEACH CHAMBER EDUCATION. FOUNpATION By: By: rjAtr (to Date: if.'0r2-° Page 9 of 9 DocuSign Envelope ID:116EE4F5-87E7-4A01-BB52-C103F5559476 RESOLUTION NO. 2019-30956 • A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING, IN THE FORM ATTACHED TO THIS RESOLUTION, AMENDMENT NO: 2 TO THE MEMORANDUM OF UNDERSTANDING ("MOU"), DATED AUGUST 10, 2016, AMONG THE CITY, THE MIAMI BEACH CHAMBER OF COMMERCE, NORTH BAY VILLAGE, THE TOWN OF BAY HARBOR ISLANDS, THE TOWN OF SURFSIDE, AND BAL HARBOUR VILLAGE FOR THE FUNDING OF MENTAL HEALTH SERVICES, PROVIDING FOR A CITY CONTRIBUTION, IN AN AMOUNT NOT TO EXCEED $13,887 ("CITY'S CONTRIBUTION") FOR THE 2019-2020 SCHOOL YEAR; AND APPROVING FUNDING OF THE CITY'S CONTRIBUTION FOR EACH SUBSEQUENT SCHOOL YEAR, ON A RECURRING BASIS, SUBJECT . TO FUNDING APPROVAL DURING THE CITY'S BUDGETARY PROCESS AND PROVIDED THAT THE CITY'S CONTRIBUTION AMOUNT DOES NOT EXCEED $15,400; AND FURTHER AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE ANY AND ALL REQUIRED AGREEMENTS AND DOCUMENTS TO IMPLEMENT THE PROGRAM. WHEREAS, in January 2008, the City of Miami Beach (the "City') entered into an Education Compact with the Miami-Dade County Public Schools("MDCPS")to enhance learning opportunities foryouth; and WHEREAS, the Education Compact reflects the desire of the Miami Beach community to support excellence in the City's public schools and enhance the health^and well-being of our City's youth; and • WHEREAS, as a result of the City's Education Compact with MDCPS, all public schools in Miami Beach offer the International Baccalaureate program which is internationally recognized as a benchmark for education excellence and.also fosters student participation in community service; and WHEREAS; in the 2012-2013 School Year, five of the eight schools in our educational feeder pattern had Health Connect in Our Schools ("HCIOS") suites which were supported by The Children's Trust (`The Trust") and which provided a full-time Medical Assistant and a shared Registered Nurse on campus; and • WHEREAS,for students who do not require routine medications,the HCIOS suites were used for nursing assessments, administration of first aid, and other purposes such as consulting with parents and caregivers; and WHEREAS,the City, North Bay Village,the Town of Bay Harbor Islands,the.Town of Surfside, and Bal Harbour Village ("Participating Municipalities") 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 youth; and DocuSign Envelope ID:116EE4F5-87E7-4A01-BB52-C103F5559476 WHEREAS, in the 2013-2014 School Year, a municipal Nurse Initiative was implemented pursuant to a Memorandum of Understanding between the Participating Municipalities to provide a HCIOS team of professionals, including a shared Registered Nurse, a full-time Medical Assistant, and a social worker which was funded by Miami- Dade County Public Schools; and WHEREAS, the benefits of HCIOS health teams include: a coordinated level of school-based healthcare, expanded health screenings, and assessments with access to follow-up care,mental and behavioral health services to identify and solve student health and educational issues, nutrition and health counseling, heath services for uninsured students with no other option for access to health care, emergency first aid/CPR, and chronic disease management; and WHEREAS, utilization of the HCIOS remained high throughout the 2014-2015 School Year, with 52 percent of the 3,044 unduplicated students utilizing the services from August 2014 through February 2015, an average of eleven visits per day per school resulting in 3,836 visits; and WHEREAS, by approval of Resolution 2015-42 on February 9, 2015, The Trust's Board of Directors approved the release of RFP 2015-17: School Health Programs to fund improved access to quality health care through providers delivering comprehensive services in the public schools to 145 pre-selected schools for School Years 2015-2016, 2016-2017, and 2017- 2018; the programs which are the subject of the RFP include all three (3) Miami Beach schools in the City's original Nurse Initiative; and WHEREAS, due to the success of the Nurse Initiative during the 2013-2014 and 2014-2015 School Years, the Parties implemented an enhanced Nurse Initiative ("Nurse Enhancement Initiative") for 2015-2016 and the 2016-2017 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 Trust, were provided by The Trust via the new School Health Programs; and WHEREAS,. the Nurse Enhancement Initiative established at the Participating Schools for School Years 2015-2016 and 2016-2017 was a success and the Parties provided for an enhanced nurse initiative for the 2017-2018 School Year, and WHEREAS, the City's proportionate share for the Nurse Enhancement Initiative was approximately$15,400 for the 2017-2018 School Year. and WHEREAS, The Trust thereafter committed to fund the School Health Programs at all Miami Beach feeder schools through the end of the 2017-2018 School Year; and DocuSign Envelope ID:116EE4F5-87E7-4A01-BB52-C103F5559476 WHEREAS,the funding provided by the Participating Municipalities enhanced The Trust's School Health Programs for North Beach Elementary, Treasure Island Elementary, and Ruth K. Broad Bay Harbor K-8 Center (the "Schools"), to include services such as behavioral health each week during the 2017-2018 School Year at each of the Schools; and WHEREAS,funding from The Trust provided for a full-time registered nurse and/or licensed practical nurse at each of the Schools for the 2017-2018 School Year, and WHEREAS, each of the Participating Municipalities contributed approximate funding for the Nurse Enhancement Initiative for the 2017-2018 School Year, as follows: City of Miami Beach $15,400, Town of Surfside $3,667, Town of Bay Harbor Islands $3,667, Bal Harbour Village$3,667,and North Bay Village$6,600,which amounts will be offset by unused funds from the 2016-2017 Nurse Enhancement Initiative for the Town of Surfside,the Town of Bay Harbor Islands,Bal Harbor Village, and North Bay Village; and WHEREAS, on May 17, 2018, a Memorandum of Understanding ("MOU") was • entered into between the City of Miami Beach,the Miami Beach Chamber of Commerce, North Bay Village,the Town of Surfside,the Town of Bay Harbor Islands,and Bal Harbour Village, with the Participating Municipalities contributing their proportionate share of the costs to support the Nurse Enhancement Initiative program for the 2018-2019 School Year, and WHEREAS, on December 24, 2018, the Participating Municipalities executed Amendment No.1 to the 2018-2019 MOU, each of the Participating Municipalities • contributing funding for the Nurse Enhancement Initiative for the 2018-2019 School Year, and WHEREAS, the Administration recommends approving Amendment No. 2 to the MOU, in the form attached to this Resolution, approving a City contribution in an amount • not to exceed $13,887 ("City Contribution") for the 2019-2020 School Year, and approving, on a recurring basis, the City's Contribution to the program for subsequent years, subject to funding approval during the City's fiscal year budgetary process, provided that the City Contribution does not exceed $15,400 per year. NOW,THEREFORE,BE IT DULY RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that the Mayor and City Commission hereby approve, in the form attached to this Resolution, Amendment No.2 to the Memorandum of Understanding("MOU"), dated August 10, 2016,among the City of Miami Beach, the Miami Beach Chamber of Commerce, North Bay Village, the Town of Bay Harbor Islands,the Town of Surfside, and Bal Harbour Village for the funding of mental health services, providing for a City contribution, in an amount not to exceed $13,887 ("City's Contribution")for the 2019-2020 school year; and approving funding of the City's Contribution for each subsequent school year, on a recurring basis, subject to funding approval during the City's budgetary process and provided that the City's Contribution amount does not exceed $15,400; and further authorizing the City Manager DocuSign Envelope ID:116EE4F5-87E7-4A01-BB52-C103F5559476 and City Clerk to execute any and all required agreements and documents to implement the program. PASSED AND ADOPTED this 11th day of September 2019 ATTEST: _ Dan Gelber, Mayor t(DJZ Raf el E. Granado, City Clerk • 1 7� 1j11'4 440 . $ *:INCORP ORATED: " - "11.0cH26W APPROVED AS TO FORM&LANGUAGE &FOR EXECUTION a t`^ 9 i ma. m S Z ct oa DocuSign Envelope ID:116EE4F5-87E7-4A01-BB52-C103F5559476 Rgtio10ons-C7 SI • MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Jimrry L.Morales,City Manager DATE: September 11,2019 SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING, IN THE FORM ATTACHED TO THIS RESOLUTION, AMENDMENT NO: 2 TO THE MEMORANDUM OF UNDERSTANDING ('MOU"), DATED AUGUST 10, 2016,AMONG THE CITY, THE MIAMI BEACH CHAMBER OF COMMERCE, NORTH BAY VILLAGE, THE TOWN OF BAY HARBOR ISLANDS. THE TOWN OF SURFSIDE,AND BAL HARBOUR VILLAGE FOR THE FUNDING OF MENTAL HEALTH SERVICES, PROVIDING FOR A CITY CONTRIBUTION, IN AN AMOUNT NOT TO EXCEED $13,887 ("CITY'S CONTRIBUTION") FOR THE 2019-2020 SCHOOL YEAR; AND APPROVING FUNDING OF THE CITY'S CONTRIBUTION FOR EACH SUBSEQUENT SCHOOL YEAR, ON A RECURRING BASIS, SUBJECT TO FUNDING APPROVAL DURING THE CITY'S BUDGETARY PROCESS AND PROVIDED THAT THE CITY'S CONTRIBUTION AMOUNT DOES NOT EXCEED $15,400;AND FURTHER AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE ANY AND ALL REQUIRED AGREEMENTS AND DOCUMENTS TO IMPLEMENT THE PROGRAM. RECOMMENDATION Sustain the Nurse Enhancement Initletivve for Behavioral Health Services / Mental Health Services and support the partnership-for the 2019-20 school year and subsequent school years subject to approval In each subsequent fiscal year budgetary process. ANALYSIS The Nurse.Enhancement Initiative for Behavioral Health is a partnership between the City of Miami Beach, Miami Beach Chamber of Commerce, North Bay Village,The Town of Surfside,The Town of Bay Harbor Islands,and Bal Harbour Village, that provides much needed mental health services for youth at three(3) public schools. For the 2016-17 school years, the initiative was enhanced to include behavioral health services(mental health services)to three(3)schools in the feeder pattern and was further expanded in the 2017-18 school year to an additional live(5) Miami Beach public schools. For the 2018-19 school year behavioral health/mental health youth support services were provided from August 2018 through June 2019 for North Beach Elementary, South Pointe Elementary, Fienberg Fisher K-8 Center, Biscayne Elementary,Treasure Island Elementary,Ruth K. Broad Bay Harbor K-8 Center, Nautilus Middle School, 'and Miami Beach Senior High School. Overall, 2.105 youth received support services in the 2018-19 school year from the Licensed Clinical Social Workers(Social Worker)in ail Miami Beach feeder public schools for 5,426 psychosocial issues an Page 418 of 2228 DocuSign Envelope ID:116EE4F5-87E7-4A01-BB52-C103F5559476 increase of 49% and 65%, respectively. The chart below shows the utilization of students by school and number of psychosocial services provided to date: i•. R...hilvflarit*Oh SWAPO 0 u pm!FY Read. =• - •.. - ot list . - School. Suedes SFAs % - • dices _ %Clangs !eI> : • -u pt 1a- . ... Treasure Island Elementary 52 174 235% e •3362 24% School _ South Pointe Elementary 115 303 163% 197 465 136% School North Beach Elementary 126 254 102% 398 -9% School Biscayne Elementary 111 176 59% ,28 868 103% School I Ruth K.Broad K-884 85 1% 124 196 8% Center Fienberg Fisher 277 216 -22% 481 482 27% K-8 Center Nautilus Middle 474 582 23% 1150 1934 68% School _ Miami Beach Senior High 177 315 78% r 84 721 154% School Total 1,416 2,105 49% (0,296 5,426 i85% The enhanced behavioral services include on-site access to a licensed clinical social worker to provide services including,but not limited to,the following: o Academic Issues o Attention Issues o Anger Management o Arudety o Attention Issues o Disruptive Behavior o Depression o Stress Management o Family issues o Growth Development Each school receives support through this initiative for the indicated number of days per week during the 2018-19 school year. Treasure Island Elementary one(1)day per week, North Beach Elementary two(2) days per week, Biscayne Elementary two(2)days per week, Ruth K. Broad K-8 Center two(2)days per .....w/_ 1"....Y. P%_1_a_ I I_._.t_.•L.._ /n% J_._ .._-....._I. r:-..........- r:_L.... f1 f.__L_-at.-- 0.1% .......... ..�- Page 419 of 2228 DocuSign Envelope ID:116EE4F5-87E7-4A01-BB52-C103F5559476 we c, auuui run Ile uer r ar nal y two v.) mays pet week, rrenuer y net let n-o taj treys pet week.Nautilus Middle School three(3)days per week,and Miami Beach Senior High School four(4)days per week. " • Legislative Tracking Organizational Development and Performance Initiatives ATTACHMENTS: Description o Form Approved Amendment 2 o Form Approved Resolution Page 420 of 2228 DocuSign Envelope ID:116EE4F5-87E7-4A01-BB52-C103F5559476 Zot9 - 30 5ta AMENDMENT NO.2 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, INC TO IMPLEMENT A NURSE ENHANCEMENT INITIATIVE FOR SCHOOL YEAR 201912020 Amendment No. 2 ("Amendment") is made and entered into this 14 day of SPT , 2019, 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"), 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 amended by Amendment No. 1 to the MOU, dated December 24, 2018 (collectively, the"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 Initiative 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 Parties executed Amendment No. 1 to the MOU, dated December 24, 2018, extending the Nurse Enhancement Initiative for the Participating ,Page 1of9 DocuSign Envelope ID:116EE4F5-87E7-4A01-BB52-C103F5559476 Schools for the 2018-2019 School Year and adding an additional day of service at Ruth K Broad Bay Harbor K-8 Center; and WHEREAS, the Nurse Enhancement Initiative established at the Participating Schools for the previous School Years was a success and the Parties wish to continue the Nurse Enhancement Initiative for the 2019/2020 School Year, and WHEREAS, .at the end of the 2018-2019 School Year, the Participating Municipalities unused program funds had the following: i) TBHI $5,473.05 ii) TS $5,473.02 iii) BHV$5,473.02 iv) NBV$2,002.72 v) CMB $4,673.00;and WHEREAS, the Participating Municipalities hereby agree to apply said unused funds for use from August 5th, 2019 to September 30th, 2019 for 9 weeks of service at each Participating School in the following amounts: i) TBHI $1,659.27 ii) TS $1,659.27 iii) BHV$1,65927 iv) NBV$1,350.00 v) CMB $3,150.00 a. $900.00 for Treasure Island b. $2,250.00 for North Beach Elementary; and WHEREAS, pursuant to paragraph 7 of the MOU, unused funds shall be used to offset the contribution of the Parties for the 2019-2020 School Year in the following amounts: i) TBHI $3,813.78 ii) TS $3,813.78 iii) BHV$3,813.78 iv) NBV$652.72 v) CMB $1,523.00; and WHEREAS, MBCEF shall provide funding to TCT for the 2019-2020 Nurse Enhancement Initiative in the amount of$7,000.00; and • • WHEREAS, the Parties wish to amend the Agreement by extending the term to include the months of August and September, 2020; and Page 2 of 9 DocuSign Envelope ID:116EE4F5-87E7-4A01-BB52-C103F5559476 • WHEREAS, a Nurse Enhancement Initiative should be established at the Participating Schools for School Year 2019/2020 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. Paragraph 3 of the MOU is hereby deleted in its entirety and replaced with the following: 3. On or before October 31, 2019 the Participating Municipalities shall provide • • • their proportionate share of funds for the 2019/2020 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 2019/2020 School Year shall be paid by October 31, 2019 in the following • amounts for 44 weeks from October 1st, 2019 to June 5th, 2020, and August 1st 2020 to September 30th. 2020: i) CMB shall provide funding in the amount of$13.887.00; ii) NBV shall provide funding in the amount of$5,947.28; iii) TBHI shall provide funding in the amount of $4,298.22 for 2 days of service at Ruth K. Broad Bay Harbor K-8 Center; iv) TS shall provide funding in the amount of $4,298.22 for 2 days of service at Ruth K. Broad Bay Harbor K-8 Center; and v) BHV shall provide funding in the amount of $4.298.22 for 2 days of service at Ruth K. Broad Bay Harbor K-8 Center. 4. RATIFICATION. Except as amended herein, all other terms 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. • Page 3 of 9 DocuSign Envelope ID:116EE4F5-87E7-4A01-BB52-C103F5559476 • 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: f LtDtvt By: ■�.���► R ael E. GranaB0, City Clerk Jimm . Moral: , City Manager * !NCORP e RATED- • ,�,CH26 APPROVED AS TO FORM& LANGUAGE &FO EX CUTION A Page4of9 ` L_0'r ! City AttomeyD—o et DocuSign Envelope ID:116EE4F5-87E7-4A01-BB52-C103F5559476 • ATTEST: NORTH BAY VILLAGE, a Municipal Corporation of the State of Florida By: _ By i V •- Jerk Village Manager Approved as to form and Legal sufficiency df2,./0" • Page 5 of 9 DocuSign Envelope ID:116EE4F5-87E7-4A01-BB52-C103F5559476 • ATTEST: TOWN OF BAY HARBOR ISLANDS, a Muni ipal Corporation of the State • Florida • i,� / �'/ By: � • lerk •Mia ro 1To Manager Approved as to form and Legal sufficiency � G Page 6 of 9 DocuSign Envelope ID:116EE4F5-87E7-4A01-BB52-C103F5559476 ATTEST: TOWN OF SURFSIDE,a Municipal Corporatio .1•the State of FloridaIctk it. . 40504A vt* , y: . a�_.�a� _ Town'Clerk �� Mayorff ' . anger Approved pato form and Legal sufficiency ov® . • • • • • Page 7 of 9 DocuSign Envelope ID:116EE4F5-87E7-4A01-BB52-C103F5559476 ATTEST: ' ' -.; BAL HARBOUR VILLAGE,a Municipal 4a b Corporation of the State of Florida lok By; , 3 _ By: 7 V iage Cie' ., B Caygi !lags ag Approved as to form and Legal sufficiency /f.411/4//k/ki , r i • Page 8 of 9 DocuSign Envelope ID:116EE4F5-87E7-4A01-BB52-C103F5559476 t ' ATTEST: MIAMI BEACH CHAMBER EDUCATION FOUNDATION By:(*--CBy: le--7/.41-1,` GNU • Approved as to form and Legal sufficiency • Page 9 of 9 DocuSign Envelope ID:116EE4F5-87E7-4A01-BB52-C103F5559476 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 Ddlicer+06R ,2018, 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"), 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 Partie s 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 Page 1of9 DocuSign Envelope ID:116EE4F5-87E7-4A01-BB52-C103F5559476 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 aboverecitals are true and correct and are incorporated as part of this Amendment. 2. MODIFICATIONS. The MOU is hereby amended (deleted items struck 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 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$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$3,667.00$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$376-67-.44$8,112 for 2 days of service at Ruth K. Broad Bay Harbor K-8 Center; Page 2 of 9 DocuSign Envelope ID:116EE4F5-87E7-4A01-BB52-C103F5559476 3. RATIFICATION. Except as amended herein,all other terms 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) • Page 3 of 9 DocuSign Envelope ID:116EE4F5-87E7-4A01-BB52-C103F5559476 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: .I. L' \K By: Raf--I E. ranad., Cit Clerk Dan Gelber, Mayor \ APPROVED AS TO FORM & LANGUAGE &FOR EXECUTION •1 4,0;: City Attorney Date Page 4 of 9 DocuSign Envelope ID:116EE4F5-87E7-4A01-BB52-C103F5559476 ATTEST: NORTH BAY VILLAGE, a Municipal Corporation of the State of Florida By; . tI p By: Q// Com` Vil ane I-' . Village Manager o say 10 Approved as to form and 0 Legal sufficiency411_ 46 or*,..„wand Page5of9 DocuSign Envelope ID:116EE4F5-87E7-4A01-BB52-C103F5559476 ATTEST: TOWN OF BAY HARBOR ISLANDS, a Municipal Corporation of th State of Florida / Z /,, \ _ 1/, „,) Ai, own jerk -yor own Manager Approved as to form and Legal sufficie y r Page 6 of 9 DocuSign Envelope ID:116EE4F5-87E7-4A01-BB52-C103F5559476 • ATTEST: TOWN OF SURFSIDE, a Municipal Corporation of the State of Florida 4101.40/A By. By: A.11111111111111M1 Town Cle Mayor.' o anger Approved as to form and Legal sufficiency (7fl -j• • Page 7 of 9 DocuSign Envelope ID:116EE4F5-87E7-4A01-BB52-C103F5559476 ATTEST: BAL HARBOUR VILLAGE,a Municipal Corporation of the State of Florida /^• By: -� -��_ � By: Viltabe-Udec'} yor/Vi(114 Mana er Approved as to form and Legal sufficiency l 41' i - Page 8 of 9 iL ti�, DocuSign Envelope ID:116EE4F5-87E7-4A01-BB52-C103F5559476 • ATTEST: MIAMI BEACH CHAMBER EDUCATION FOUNDATION By: By: C'P-tJ Approved as to form and Legal sufficiency Page 9 of 9 DocuSign Envelope ID:116EE4F5-87E7-4A01-BB52-C103F5559476 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 This is a Memorandum of Understanding ("MOU") made and entered into this 1 'I-- day of WI a/ , 2018, by and between the City of Miami Beach ("CMB"), 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 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 201712018 was a success and the Parties wish to provide for another nurse enhancement initiative for the 2018/2019 School Year; and Page 1of9 DocuSign Envelope ID:116EE4F5-87E7-4A01-BB52-C103F5559476 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 Page 2 of 9 DocuSign Envelope ID:116EE4F5-87E7-4A01-BB52-C103F5559476 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. Page 3 of 9 DocuSign Envelope ID:116EE4F5-87E7-4A01-BB52-C103F5559476 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 EBy: 7-1,// ft f I 1 YBy: Rafael E. Grahado, City Clerk an Gelber, Mayor �'' \EN ...-v...- A RpVEpIA ,.:y :1d`.Vic",'��'' .,;'' FORM&LA GUAGE Y &FOR EI SION ilL.1., 18 t....,. �, / Date `i` ,.---,7'...: eCity Attome . Page 4 of 9 DocuSign Envelope ID:116EE4F5-87E7-4A01-BB52-C103F5559476 ATTEST: NORTH BAY VILLAGE, a Municipal Corporation of the State of Florida r rflage Clerk()\\ By0,„&o_.41,9-A--L5e.h.6 1 u illage Manager Approved as to form and Legal sufficiency /V&/E,4'' 1/C. c// Page 5 of 9 DocuSign Envelope ID:116EE4F5-87E7-4A01-BB52-C103F5559476 ATTEST: TOWN OF BAY HARBOR ISLANDS, a Municipal Corporation of the State of Florida By: ow Clerk ` Mayor/Tori� tanager Approved as to form and Legal sufficie icao A r i‘Vt- AS . o.a r l 11� Page 6 of 9 DocuSign Envelope ID:116EE4F5-87E7-4A01-BB52-C103F5559476 ATTEST: TOWN OF SURFSIDE, a Municipal Corporation of the State of Florida ( � AIL,• By:Town Cler Mayor/Town : -r Approved as to form and Legal sufficiency 6111►-•.-,,, � a Page 7 of 9 DocuSign Envelope ID:116EE4F5-87E7-4A01-BB52-C103F5559476 ATTEST: BAL HARBOUR VILLAGE, a Municipal Corporation of the State of Florida . By: el 'I 4e By: Villa•e Clerk Ma o Nillaye anag- Approved as to form and Legal sufficiency \,,J., ) ,(,trAdAEt,-- Page 8 of 9 DocuSign Envelope ID:116EE4F5-87E7-4A01-BB52-C103F5559476 ATTEST: MIAMI BEACH CHAMBER EDUCATION FOUNDATION By: 44iv- . r:tiA kCASI By: Approved as to form and Legal sufficiency Page 9of9