MOU with The School Board of Miami-Dade CountyDocuSlgn Envelope ID: 80AF5382-C852-4073-AAC9-875A05B2D40B
Reso #2021-31862 MIAMI BEACH
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF MIAMI BEACH ANO THE SCHOOL BOARD OF MIAMI-DADE COUNTY, MIAMI, FLORIDA
10/22/2021 I Sd:09 PM EDTThis Memorandum of Understanding (MOU) is made and entered Into this ____ ay ot
_____ ,. 20 __ by and between the City of Miami Beach, Florida (hereinafter the "City"),
and The School Board of Miami-Dade County, (hereinafter "M-DCPS"). This Agreement is effective
_____ , 2021, (the "Effective Date").
ARTICLE I/ PROJECT SUMMARY STOP THE BLEED KITS
M-DCPS
M-DCPS CONTRACT ADMINISTRATOR:
ADDRESS:
CITY, STATE, ZIP:
PHONE, FAX, E-MAIL:
PROJECT AMOUNT:
PROJECT 'oESCRIPTION:
TERM:
EXPENDITURE DEADLINE:
PROJECT COMPLETION DATE:
FINAL REPORT DEADLINE:
FINAL REIMBURSEMENT
REQUEST DEADLINE:
The School Board of Miami-Dade County
nla
See Exhibit 1 hereto
October 1, 2021 -July 30, 2022
n/a
July 30, 2022
n/a
DocuSlgn Envelope ID: 80AF5382-C852-4073-AAC9-875A0582D40B
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
(Corporate Seal)
ATTEST:
EORIHECIIYOF.MlAMl BEACH;
CITY OF MIAMI BEACH, FLORIDA:
D8
Date: __ 1_0_1_2_21_2_0_21 __ 1 _s_:_0_9 _P_M_E_D_T_
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APPROVED AS TO FORM & LANGUAGE& FOR EXECUTION
DocuSlgn Envelope ID: 80AF5382-C852-407 3-AAC9-875A0582O40B
SUBMITTED BY:
), Dlgltally signed by Mlchael G. Fox
1 ·oate:2021.10.2608:09;31-04'00'
Charge Location Administrator Signature Date
liiiion�,.,::i:on Head s;gn,d1�!1e (aa applicable)
Office of Grants Administration Signature Date (if applicable)
NOTE, Sfeaalure of Auf,1111 Sup11fntenden1 for tbe Offlu ofln1eraowramtnlaf
Afraln and Grant, AdmfnfllralJoo required ONLY for contracll fln1nccd from Contracted Proar•m• Fund• (Parl IV),
APPROVED AS TO RISK AND BENEFITS (as to the School Board):
� _ rJ ( Dlgltally signed by Jorge L. Davlla
�IJ>"� \ Location: Office of Risk and Benefits
O I Management , , Date:2021.10.2608:11:43-04'00'
Risk Management Signature Date
APPROVED AS TO PROCUR EMENT AUTHORITY (as to the School Bo�d):
ProCUROl:lOBement s;gnatw,
10/27/2021
Date
APPROVED AS TO FORM AND LEGAL SUFFICIENCY (as to the School Board):
/I � II A� Dlgllally signed by AIIII Graupera �-0 V --..___J Date: 2021.10.2818:09:11 -04'00'
School Board Attorney • SiJmature Date
THE SCHOOL BOARD OF MIAMI-DADE
COUNTY, FLORIDA
#v, � ••••• ,.,.(S�-IR�---�-� r es1gnee)
Tabitha G. Fazzino
:•Typed) DESIGNEE
Date: ___ /....,./ !...__-J-=-",,,...�--Z._-="_'.#_I ____ _ I
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ARTICLE H / GENERAL CONDITIONS
1.PARTIES; The parties to this Agreement are M-DCPS, a political subdivision of the State of
Florida listed In Article I, and the City, a municipal corporation organized under the laws of the State of
Florida. The City has delegated the responslblllty of administering this MOU to the City Manager or the
City Manager's authorized deslgnee (the "Contract Administrator").
2.PROJECT DESCRIPTION: M-DCPS may only carry out responslbllllles that are speclflcally
described in the Project Description, attached hereto as Exhibit 1. Any modification to Exhibit 1, Project
Description, shall not be effective unless approved by a written amendment to this Agreement signed
by the City and M-DCPS.
3.REPORT: The Project kits have been awarded with the understanding that the activities and
services contemplated under the Project Description will mutually contribute to the enhancement of
services available to City residents and visitors. As a condition of disbursements of Project kits, and to
demonstrate that the Project has been carried out pursuant to Exhibit 1, M-DCPS must submit an annual
report to the Contract Administrator by the following date: JULY 301h, 2022.
4.PROJECT RESTRICTIONS: Project's Stop-the-bleed Kits ("Project kits") that are the subject of
this Agreement may not be used for any other purposes but those described in the Project Description,
attached hereto as Exhibit 1.
5.NO GUARANTEE OF FUNDING; M-DCPS acknowle dges that the execution of this Agreement
does not Imply a commitment on behalf of the City to provide funding.
6.PROGRAM MONITORING ANO EVALUATION: The City Manager or the City Manager's
designee may monitor and conduct an evaluation of the Project under this Agreement, which may
include, with or without limitation, visits by City represent atives to M-DCPS's offices and/or the site of
any project related to this Project, to observe M-DCPS's programs, procedures, and operations, or to
discuss the M-DCPS's programs with M-DCPS personnel; and/or requests for submittal of additional
documentation or written reports, prior to the Project completion date, evidencing M-DCPS's progress
on the Project. Prior to monitoring or evaluation visits City Manager or the City Manager's deslgnee
shall provide the school and/or department with advance notice. In the event the visit shall be to a school
site the City Manager or City Manager designee shall abide by background screening requirements as
set forth in Florida Statues §1012.465, §1012.32 and §1012.467, Florida Statutes, and School Board
Policies 8475, 1121.01, 3121.01 and 4121.01 as amended from time to time.
7.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
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Investigations on all City contracts, throughout the duration of said contracts. This random audit Is
separate and distinct from any other audit performed by or on behalf of the City.
B.The Office of the Inspector General is authorized to Investigate City affairs and empowered to
review past, present and proposed City programs, accounts, records, contracts and transactions. In
addition, the Inspector General has the power to subpoena witnesses, administer oaths, require the
production of witnesses and monitor City projects and programs. Monitoring of an existing City project
or program may Include a report concerning whether the project is on time, within budget and In
conformance with the contract documents and applicable law. The Inspector General shall have the
power to audit, Investigate, monitor, oversee, Inspect and review operations, activities, performance
and procurement process Including but not limited to project design, bid specifications, (bid/proposal)
sub mlttals, activities of M-DCPS, 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 M-DCPS, M-DCPS 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, activitres of M-DCPS, 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 M
DCPS'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.M-DCPS shall make available at its office at all reasonable times the records, materials, and
other evidence regarding the acquisition (bid preparation) and performance of this Agreement, for
examination, audit, or reproduction, until three (3) years after final payment under this Agreement or for
any longer period required by statute or by other clauses of this contract. In addlUon:
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I.If this Agreement Is completely or partially terminated, M-DCPS shall make available
records relating to the work terminated until three (3) years after any resulting final
term ination settlement; and
ii.M-DCPS shall make available records relating to appeals or to litlgetion or the settlement
of claims arising under or relating to thls Agreement until such appeals, litigation, or claims
are finally resolved.
F.The provisions In this section shall apply to M-DCPS, Its officers, agents, employees,
subcontractors and suppliers. M-DCPS shall incorporate the provisions In this section in all subcontracts
and all other agreements executed by M-DCPS In connection with the performance of this Agreement.
G.Nothing In this section shall Impair any independent right to the City to conduct audits or
Investigative activities. The provisio ns of this section are neither Intended nor shall they be construed
to impose any liability on the City by M-DCPS or third parties.
9.LIABILITY AND MUTUAL INDEMNIFICATION: M-DCPS shall Indemnify and hold harmless the
City and Its officers, employees, agents, and contractors, from and against any and all actions (whether
at law or In equity), claims, liabilities, losses, expenses, or damages, Including, without limitation,
attorneys' fees and costs of defense, for personal, economic, or bodily injury, wrongful death, or loss of
or damage to property, which the City or Its officers, emplo yees, agents and contractors may incur as
a result of claims, demands, suits, causes of action or proceedings of any kind or nature arising out of,
relating to, or resulting from the performance of this Agreement by M-DCPS or Its officers, employees,
agents, servants, partners, principals or contractors. M-DCPS shall pay all claims and losses In
connection therewith and shall Investigate and defend all claims, suits, or actions of any kind or nature
in the name of the City, where applicable, Including appellate proceedings, and shall pay all costs,
Judgments, and attorneys' fees which may Issue thereon. M-DCPS expressly understands and agrees
that any insurance protection required by this Agreement, or otherwise provided, shall In no way limit
its obligation, as set forth herein, to Indemnify, hold harmless, and defend the City or Its officers,
employees, agents, and contractors as herein provided.
Because the M-DCPS is a government entity, this indemnification shall only be to the extent and
within the limitations of Section 768.28, Florida Statutes, subject to the provisions of that Statute
whereby M-DCPS entity shall not be held liable to pay a personal injury or property damage claim or
Judgment by any one person which exceeds the sum of $200,000, or any claim or Judgment or portions
thereof, which, When totaled with all other claims or Judgments paid by the state or its agencies or
subdivisions arising out of the same incident or occurrence, exceed the sum of $300,000 from any and
all personal injury or property damage claims, liabilities, losses or causes of action Which may arise as
a result of the negligence of M-DCPS entity.
The City shall indemnify and hold hannless the M-DCPS and its officers, employees, agents, and
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contractors, from and against any and all actions (whether at law or in equity), claims, liabllltles, losses,
expenses, or damages, including, without limitation, attorneys' fees and costs of defense, for personal,
economic, or bodily Injury, wrongful death, or loss of or damage to property, which the M-OCPS or Its
officers, employees, agents and contractors may Incur as a result of claims, demands, suits, causes of
action or proceedings of any kind or nature arising out of, relating to, or resulting from the performance
of this Agreement by the City or Its officers, employees, agents, servants, partners, principals or
contractors. The City shall pay ell 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 M-OCPS, where applicable,
Including appellate proceedings, and shall pay all costs, Judgments, and attorneys' fees which may
Issue thereon. The City expressly understands and agrees that any Insurance protection required by
this Agreement, or otherwise provided, shall In no way llmlt Its obligation, as set forth herein, to
Indemnify, hold harmless, and defend the M-DCPS or Its officers, employees, agents, and contractors
as herein provided.
Because the City Is a government entity, this Indemnification shall only be to the extent and within
the limitations of Section 768.28, Florida Statutes, subject to the provisions of that Statute whereby the
City entity shall not be held liable to pay a personal Injury or property damage claim or Judgment by any
one person which exceeds the sum of $200,000, or any claim or Judgment or portions thereof, which,
when totaled with all other claims or judgments paid by the state or Its agencies or su bdivisions arising
out of the same Incident or occurrence, exceed the sum of $300,000 from any and all personal Injury or
property damage claims, liabilities, losses or causes of action which may arise as a result of the
negligence of the City
10.ASSIGNMENT: Neither Party shall be permitted to assign this Agreement and any purported
assignment will be void, and shall be treated as an event of default pursuant to this Agreement.
11.COMPLIANCE WITH LAWS: M-DCPS agrees to abide by and be governed by all applicable
Federal, State, County and City laws, Including but not limited to Miami-Dade County's Conflict of
Interest and Code of Ethics Ordinance, as amended, which Is Incorporated herein by reference as If
fully set forth herein, and Chapter 2, Article VII of the City Code, as amended, which is Incorporated
herein by reference as if fully set forth herein.
12.DEFAULTfTERMINATION PROVISIONS: In the event M-OCPS shall fail to comply with any
of the provisions of this Agreement, the City Manager or the City Manager's deslgnee may terminate
this Agreement and withhold or cancel all or any unpaid installments of the Project kits upon giving five
(5)calendar days written notice to M-OCPS, and the City sha ll have no further obligation to M-DCPS
under this Agreement. Further, In the event of termination for cause, M-OCPS shall be required to
Immediately return to the City all portions of the Project kits which have been received by M-OCPS and
which have not been expended in accordance with the terms of this Agreement as of the date that the
written demand Is received. Either party may terminate the Agreement by giving the other Party thirty
(30)days written nbtlce.
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These provisions shall not waive or preclude the City from pursuing any other remedies that
may be available to it under the law.
13.FLORIDA PUBLIC RECORDS LAW:
A.Bolh the City and M-DCPS 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 setforth 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 and M·DCPS.
C.Pursuant to Section 119.0701 of the Florida Statutes, If M-DCPS and the City meet the definition
of "Contractor" as defined in Section 119.0701 (1 )(a), both parties shall:
I.Keep and maintain public records required by the other party to perform the service;
ii.Upon request from the other party's custodian of public records, provide the requesting
party with a copy of the requested records or allow the records to be inspected or copied
within a reasonable lime 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 re quirements are not disclosed, except as authorized by law, for the
duration of the contract term and following completion of the Agreement if M-DCPS does
not transfer the records to the City;
iv.Upon completion of the Agreement, transfer, al no cost to the either party, all public
records In possession of M-DCPS and the City, or keep and maintain public records
required by the City and M-DCPS to perform the service. If either party transfers all public
records to the other party upon completion of the Agreement, the transferring party shall
destroy any duplicate public records that are exempt or confidential and exempt from
public records disclosure requirements. If either party keeps and maintains public
records upon completion of the Agreement, they shall meet all applicable requirements
for retaining public records. All records stored electronically must be provided to the other
party, upon request from the other party's custodian of public records, In a format that Is
compatible wllh the Information technology systems of the requesting party.
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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 M-DCPS of the request, and M-DCPS must provide the records to
the City or allow the records to be Inspected or copied within a reasonable lime.
II., M•DCPS's fallure 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 ter minate the
Agreement; (2) avail Itself of the remedies set forth under the Agreement; end/or (3) avail
Itself of any available remedies at law or In equity.
ill. If M-DCPS falls to provide the public records to the City within a reasonable time may be
subject to penalties unders.119.10.
E.CIVIL ACTION
I.If a civil action is flied against M-DCPS to compel production of public records relating to the
City's contract for services, the court shall assess and award against M-DCPS the
reasonable costs of enforcement, Including reasonable attorneys' fees, If:
a.The court determines that M-DCPS 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 M-DCPS has not complied with
the request, to the City and to M-DCPS.
II.If a civil action Is flied against the City to compel production of public records relating to the
M-DCPS's contract for services, the court shall assess and award against the City the
reasonable costs of enforcement, Including reasonable attorneys' fees, If:
a.The court determines that the City unlawfully refused to comply with the pu blic
records request within a reasonable time; and
b.At least B business days before filing the action, the plaintiff provided written notice
of the public records request, including a statement that the City has not complied
with the request, to the City and to M-DCPS.
iii.A notice complies with subparagraph (i)(b) and (ii)(b) if it is sent to the City's custodian of
public records and to M-DCPS at M-DCPS's address listed on its agreement with the City or
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to M-DCPS'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.
iv.If either party compiles with a public records request within 8 business days after the notice
Is sent Is not liable for the reasonable costs of enforcement.
c.IF M•DCPS HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119,
FLORIDA STATUTES, TO M-DCPS'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS
AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT:
CITY OF MIAMI BEACH
AT TENTION: RAFAEL E. GRANADO, CITY CLERK
1700 CONVENTION CENTER DRIVE
MIAMI BEACH, FLORIDA 33139
E•MAIL:RAFAELGRANADO@MIAMIBEACHFL.GOV
PHONE: 305-673-7411
14.WRITTEN NOTICES: Any notices required under this Agreement will be effective when
del ivered to the City In writing and addressed to the City Contract Administrator. Any notices
required under this Agreement will be effective when delivered to M-DCPS In writing and
addressed to M-DCPS's Contract Administrator.
15.CITY CONTRACT ADMINISTRATOR: AU contract related questions, reports and requests for
reimbursements to be submitted to the City Contract Administrator listed below.
Dr. Leslie Rosenfeld
Chief Learning and Development Officer
Organizational Development and Education Department
City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33139
Tel: 305-673-7000 ext. 26923
Email: leslierosenfeld@miamibeachfl.gov
School Board's Address. The address for the School Board f or all purposes under this Agreement
and for all Notices hereunder shall be:
The School Board of Miami-Dade County, Florida
Attn: Alberto M. Carvalho, Superintendent
1450 N.E. Second Avenue, Suite 912
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Miami, Florida 33132
With a copy to:
The School Board of Miami-Dade County, Florida
Department: Office of Risk and Benefits Management
Department Director: Attenti on: Michael G. Fox, Risk and Benefits Officer
Address: 1501 NE 2 Avenue, Suite 335
Miami, Florida 33132
And a copy to:
16.E•VERIFY:
The School Board of Miami-Dade County, Florida
Attn: Walter J. Harvey, School Board Attorney
1450 N.E. Second Avenue, Suite 430
Miami, Florida 33132
A.Both parties shall comply with Section 448.095, Florida Statutes, "Employment Eligibility" ("EVerify Statute"), as may be amended from time to time. Pursuant to the E-Verify Statute, commencing
on January 1, 2021, both parties shall register with and use the E-Verlfy system to verify the work
authorization status of all newly hired employees during the Term of the Agreement. Additionally, both
parties shall expressly require any approved subcontractor performing work or pr oviding services
pursuant to the Agreement to likewise utilize the U.S. Department of Homeland Security's E-Verify
system to verify the employment eligibility of all new employees hired by the subcontractor during the
contract Term. If either party enters Into a contract with an approved subcontractor, the subcontractor
must provide the party with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. Both parties shall maintain a copy of such affidavit for the
duration of the Agreement or such other extended period as may be required under this Agreement.
B.TERMINATION RIGHTS
1.If the City has a good faith belief that M-DCPS has knowingly violated Section 448.09(1 ), Florida
Statutes, the City shall terminate this Agreement with M-DCPS for cause, and City shall thereafter have
or owe no further obligation or liability to M-DCPS.
2.If the City has a good faith belief that a subcontractor has knowingly violated Subsection 22(A),
but the M-DCPS otherwise complied with such section, the City will promptly notify the M-DCPS and
order the M-DCPS to Immediately terminate the Agreement with the subcontractor. M-DCPS's failure
to terminate a subcontractor shall be an event of default under this Agreement, entitling City to terminate
the M-DCPS's contract for cause.
3.A contract terminated under the foregoing Subsections (8)(1) or (8)(2) Is not in breach of
contract and may not be considarad as such.
4.The City or M-DCPS or a suacontractc1t may file an action with thEl Chrcult or county CrJurt to
challenge a termination under the foregoing Subsections (8X1) or (8)(2) no later than 20 calendar days
after the date on which the contract was terminated.
5.If the City terminates the Agreement with M-DCPS under the foregoing Subsection 16(A), M
OCPS may not be awarded a public contract for at least 1 year after the date of termination of this
Agreement.
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6.M-DCPS Is liable for any additional costs Incurred by the City as a result of the termination of
this Agreement under this Section.
7.If M-DCPS has a good faith belief that the City has knowingly violated Section 448.09(1), Florida
Statutes, M•DCPS shall terminate this Agreement with the City for cause, and M-DCPS shall thereafter
have or owe no further obligation or liability to the City.
8.If M-DCPS has a good faith belief that a subcontractor has kno wingly violated Subsection 22{A),
but the City otherwise complied with such section, M-DCPS will promptly notify the City and
order the City to immediately terminate the Agreement with the subcontractor. The City's failure
to terminate a subcontractor shall be an event of default under this Agreement, entitling M-DCPS
to terminate the City's contract for cause.
9.A contract terminated under the foregoing Subsections {8)(1) or (8)(2) Is not In breach of
contract and may not be considered as such.
10.The City or M-DCPS or a subcontractor may file an action with the Circuit or County Court to
challenge a termination under the foregoing Subsections (8)(1) or (8)(2) no later than 20
calendar days after the date on which the contract was te rminated.
11.If M-DCPS terminates the Agreement with the City under the foregoing Subsection 16, the City
may not be awarded a public contract for at least 1 year after the date of termination of this
Agreement.
12.The City Is liable for any additional costs Incurred by M-DCPS as a result of the termination of
this Agreement under this Section.
ARTICLE Ill/ MISCELLANEOUS PROVISIONS
17.PUBLIC PURPOSE: The Project undertaken herein Is the result of a finding by the City, based
on representatives, documents, materials and other Information supplied by M-DCPS, that M-DCPS Is
performing a public purpose through the programs, projects, and/or services recommended for support.
As such, use of Project kits for any program component not meeting this condition will be considered a
breach of the terms of this Agreement and will allow the City to seek remedies Including, but not limited
to, those outlined In this Agreement.
18.NO DISCRIMINATION: M-DCPS also accepts and agrees to comply with the following Special
Conditions:
A.M-DCPS hereby agrees that It will comply with Tille VI of the Civil Rights Act of 1964 ( 42 U.S.C.
2000d et seq.) prohibiting discrimination on the basis of race, color, national origin, handicap, or sex.
B.M-DCPS hereby agrees that it will comply with City of Miami Beach Human Rights Ordinance
as codified in Chapter 62 of the City Code, as may be amended from time to time, prohibiting
discrimination in employment, housing and public accommodations on account of actual or perceived
race, color, national origin, religion, sex, intersexuality, gender Identity, sexual orientation, marital and
familial status, age, disability, ancestry, height, weight, domestic partner status, labor organization
membership, familial situation, or political affiliation.
C.The City endorses, and M-DCPS shall comply with, the clear mandate of the Americans with
Disabilities Act of 1990 (ADA) to remove barriers, which prevents qualified individuals with disabilities
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from enjoying the same employment opportunities that are available to persons without disabilities.
D.The City also endorses the mandate of the Rehabilitation Act of 1973 and Section 504 and
prohibits discrimination on the basis of disability and requires that M-DCPS provides equal access and
equal opportunity and services without discrimination on the basis of any disability.
19._GOVERNING LAW AND EXCLUSIVE VENUE: This Agreement shall be governed by, and
construed in accordance with, the laws of the State of Florida, both substantive and remedial, without
regard to principles of conflict of laws. The exclusive venue for any litigation arising out of this
Agreement shall be Miami-Dade County, Florida, If In State court, and the U.S. District Court, Southern
District of Florida, If in federal court. BY ENTERING INTO THIS AGREEMENT, THE CITY AND M
DCPS EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF
ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT .. Each party shall
be responsible for its own attorneys' fees and costs, from pre-trial through all appeals.
20.NO WAIVER: No waiver of any breach or failure to enforce any of the terms, covenants,
conditions or other provisions of this Agreement by either party at any time shall In any way affect, limit,
modify or waive either party's right thereafter to enforce or compel strict compliance with every term,
covenant, condition or other provision hereof.
21.CAPTIONS USED IN THIS AGREEMENT: Captions, as used In this Agreement, are for
convenience of reference only and should not be deemed or construed as In any way limiting or
extending the language or provisions to which such captions may refer.
22.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
signed by both parties. Any modification to the Project Amount shall require approval by the Mayor and
City Commission.
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EXHIBIT1
PROJECT DESCRIPTION
BACKGROUND/DESCRIPTION OF NEED
PROGRAM DESCRIPTION
GOALS/OUTCOMES
DocuSlgn Envelope ID: 80AF5382-C852-4073-AAC9-875A06B2D40B
EXHIBIT 2
.CITY OF MIAMI BEACH
ANNUAL REPORT
CMB RESOLUTION No,:
M•DCPS NAME:
M•DCPS ADDRESS:
M-DCPS CONTRACT ADMINISTRATOR:
M-DCPS CONTRACT ADMINISTRATOR'S E•
MAIL ADDRESS:
REPORT PERIOD:
D Oct. 1 -Dec. 31
Due Jan. 15
GOALS/OUTCOMES:
Goal
M-DCPS
Report Prepared By:
Name
City of Miami Beach
Report Reviewed By:
Name
D Jan. 1 -Mar. 31
Due Ap. 15
Types of Service
□Apr. 1 -Jun. 30
Due Jul. 15
Quarterly
Exoendlture
D Jul. 1 -Sept.30
Due Oct. 15
Yearly Expenditure To Date
Signature/Date
Signature/Date
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