Amendment No.6 to the memorandum of understanding with The Miami Beach Chamber Education Foundation, Inc. DocuSign Envelope ID:OEDF20A2-0931-405B-8238-A6797E683BC1
Reso 2019-30957
AMENDMENT NO. 6
TO THE MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF MIAMI BEACH, FLORIDA
AND
THE MIAMI BEACH CHAMBER EDUCATION FOUNDATION, INC.
TO IMPLEMENT A MIAMI BEACH NURSE ENHANCEMENT INITIATIVE FOR BEHAVIORAL
HEALTH SERVICES FOR SCHOOL YEAR 2022/2023 MAY 0 5 202Z
Amendment No. 6 ("Amendment") is made and entered into this_day of , 2022,
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 (the "CITY") and the Miami Beach
Chamber Education Foundation, Inc., a not-for-profit corporation organized and existing under
the laws of the State of Florida, having its principal place of business at 1920 Meridian Ave, 3`d
Floor, Miami Beach, Florida 33139 (`MBCEF") (collectively, the "Parties"), to amend the
Memorandum of Understanding entered into on July 26, 2016 ("MOU"), as amended by
Amendments No. 1 through No. 5, as follows:
RECITALS
WHEREAS, the CITY, North Bay Village, the Town of Bay Harbor Islands, the Town of
Surfside, and Bal Harbour Village (the"Participating Municipalities") determined that students
at North Beach Elementary, Treasure Island Elementary, and Ruth K. Broad Bay Harbor K-8
Center did not have full-time, on-site healthcare services and were, thus, underserved as
compared to other public schools in the feeder pattern that fall within the City of Miami Beach;
therefore, the Participating Municipalities, MBCEF and The Children's Trust ("The Trust")
entered into a Memorandum of Understanding on August 19, 2013 to provide healthcare services,
through a nurse, for these participating schools (the "Nurse Initiative") during the 2013-2014
school year and thereafter extended the Nurse Initiative to the 2014-2015 school year; and
WHEREAS,for the 2015-2016 school year, due to the success of the Nurse Initiative, and
because the basic healthcare services previously funded in the Nurse Initiative were being
provided by The Trust via the new School Health Programs, the services were enhanced to
provided behavioral health/mental health services for the participating schools through a licensed
clinical social worker("Nurse Enhancement Initiative"); and
WHEREAS, for the 2016-2017 school year, pursuant to Resolution No. 2016-29345, the
Nurse Enhancement Initiative was continued for North Beach Elementary, Treasure Island
Elementary, and Ruth K. Broad Bay Harbor K-8 Center, and, pursuant to Resolution No. 2016-
29468, was expanded to include Miami Beach Senior High School, Miami Beach Nautilus Middle
School, Miami Beach Fienberg-Fisher K-8, Biscayne Beach Elementary School,and Miami Beach
South Pointe Elementary School (collectively, the "Participating Schools"), by providing for a
licensed clinical social worker one day a week at each of the Participating Schools; and
WHEREAS, on May 25, 2017, the CITY and MBCEF executed Amendment No. 1 to the
MOU, continuing the Miami Beach Nurse Enhancement Initiative for the 2017-2018 school
year; and
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WHEREAS, on April 11, 2018, the Mayor and City Commission adopted Resolution No.
2018-30259,approving the expansion of mental health services at all public CITY elementary and
middle schools, in an amount not to exceed $60,000; and
WHEREAS, pursuant to Resolution No. 2018-30259, the CITY increased funding for
behavioral health services for the Miami Beach Nurse Enhancement Initiative for the 2018-
2019 school year providing funding for two (2) licensed clinical social workers, or agreed upon
equivalent professional, at each of the following CITY schools for the indicated number of days:
Miami Beach Senior High School,one(1)day; Miami Beach Nautilus Middle School,two(2)days;
Miami Beach Fienberg-Fisher K-8, two (2) days; Biscayne Beach Elementary School, two (2)
days; Miami Beach South Pointe Elementary School, two (2) days; and North Beach Elementary
School, one(1) day, in a total amount not to exceed $114,000; and
WHEREAS, on the 30th day of August, 2018,the CITY and MBCEF executed Amendment
No. 2 to the MOU, continuing the Miami Beach Nurse Enhancement Initiative for the 2018-
2019 school year; and
WHEREAS, as authorized by Resolution No. 2019-30957, on the 12th day of August,
2019, the CITY and MBCEF executed Amendment No. 3 to the MOU, continuing the Miami Beach
Nurse Enhancement Initiative for the 2019-2020 school year; and
WHEREAS, Resolution No. 2019-30957 further authorized the CITY to contribute funding
for subsequent school years, on a recurring basis, in the amount not to exceed $139,000, subject
to funding approval during the CITY's budgetary process; and
WHEREAS,on the 19th day of August,2020,the CITY and MBCEF executed Amendment
No. 4 to the MOU, continuing the Miami Beach Nurse Enhancement Initiative for the 2020-2021
school year; and
WHEREAS, on the 21 day of June, 2021, the CITY and MBCEF executed Amendment
No. 5 to the MOU, continuing the Miami Beach Nurse Enhancement Initiative for the 2020-2021
school year (the MOU and Amendments No. 1 through No. 5 shall be collectively referred to
herein as the "MOU"); and
WHEREAS, the City will contribute funding, in the amount of $139,000, to support the
Miami Beach Nurse Enhancement Initiative for the 2022-2023 school year providing funding
for two(2) licensed clinical social workers, or agreed upon equivalent professional, at each of the
following CITY schools for the approximate number of days indicated: Miami Beach Senior High
School, four(4) or five(5)days; Miami Beach Nautilus Middle School, two (2)days; Miami Beach
Fienberg-Fisher K-8, one (1)day; Biscayne Beach Elementary School, one(1)day; Miami Beach
South Pointe Elementary School, one (1)day; and North Beach Elementary School, one (1)day,
(collectively, the"CITY's Participating Schools");
WHEREAS, the Miami Beach Nurse Enhancement Initiative for behavioral health
services for the CITY's Participating Schools (the "Initiative") for the 2022-2023 school year
should be established pursuant to, and as part of, separate agreements to be entered into
between MBCEF, The Trust and/or the healthcare provider approved by The Trust("Provider")
to provide for the staffing and the payment of certain costs associated with the Nurse
Enhancement Initiative for the Participating Schools, for a total minimum global sum of
$232,600, pursuant to which the CITY's Participating Schools may receive additional days of
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service. Once executed, the MBCEF/The Trust/Provider agreements shall be attached as
Attachment"A" hereto.
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 stick-through and inserted items underlined) as
follows:
(a) Paragraph 3 of the MOU is hereby deleted in its entirety and replaced with the following:
3. On or before October 31st, of each school year, the CITY shall provide funds ("CITY'S
Contribution") to MBCEF for Initiative services on behalf of the CITY's Participating
Schools, in the amount of $139,000, for Initiative services for the period from October 1,
2022 to July 31, 2023 and from August 1, 2023 to September 30, 2023 subiect to the
following conditions:
a. a favorable recommendation of the CITY's Contribution toward the Initiative is
made by the CITY's Finance and Citywide Projects Committee in July of each
fiscal year: and
b. the CITY approves a budget during the CITY's budget hearings in September of
each fiscal year that provides funding for the CITY's Contribution in each
respective school year.
(b) A new paragraph 14 (Audit and Inspections) is hereby incorporated into the MOU, as
follows:
14. 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 the CITY'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.
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(c) A new paragraph 15 (Inspector General Audit Rights) is hereby added to the MOU, as
follows:
15. Inspector General Audit Rights
a. Pursuant to Section 2-256 of the Code of the City of Miami Beach, the CITY has
established the Office of the Inspector General which may, on a random basis,
perform reviews, audits, inspections and investigations on all CITY contracts,
throughout the duration of said contracts. This random audit is separate and
distinct from any other audit performed by or on behalf of the CITY.
b. The Office of the Inspector General is authorized to investigate CITY affairs and
empowered to review past, present and proposed CITY programs, accounts,
records, contracts and transactions. In addition, the Inspector General has the
power to subpoena witnesses, administer oaths, require the production of
witnesses and monitor CITY projects and programs. Monitoring of an existing CITY
project or program may include a report concerning whether the project is on time,
within budget and in conformance with the contract documents and applicable law.
The Inspector General shall have the power to audit, investigate, monitor,oversee,
inspect and review operations, activities, performance and procurement process
including but not limited to project design, bid specifications, (bid/proposal)
submittals, activities of MBCEF, 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 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,
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 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.
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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:
f. 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
g. 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.
h. The provisions in this section shall apply to MBCEF, its officers, agents,
employees, subcontractors and suppliers.
Nothing in this section shall impair any independent right of CITY to conduct audits
or investigative activities. The provisions of this section are neither intended nor
shall they be construed to impose any liability on CITY by MBCEF or third parties.
16. 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 the CITY.
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 the CITY to perfo'rm the
service;
2. Upon request from the CITY's custodian of public records, provide the CITY
with a copy of the requested records or allow the records to be inspected
or copied within a reasonable time at a cost that does not exceed the cost
provided in Chapter 119, Florida Statutes or as otherwise provided by law;
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 the CITY;
4. Upon completion of the MOU, transfer, at no cost to the CITY, all public
records in possession of MBCEF or keep and maintain public records
required by the CITY to perform the service. If MBCEF transfers all public
records to the CITY upon completion of the MOU, MBCEF shall destroy
any duplicate public records that are exempt or confidential and exempt
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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 the CITY, upon request from the CITY's
custodian of public records, in a format that is compatible with the
information technology systems of the CITY.
d. REQUEST FOR RECORDS; N.ONCOMPLIANGE���/
1--......A--request fo 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 MBCEF
of the request, and MBCEF must provide the records to the CITY or allow
the records to be inspected or copied within a reasonable time.
2. MBCEF's failure to comply with the CITY's request for records shall
constitute a breach of this MOU, and the CITY, 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.
3. IF MBCEF fails to provide the public records to the CITY within a
reasonable time may be subject to penalties under s. 119.10.
e. C?IVIL ACTION
elf"a civil action is filed against MBCEF to compel production of public
records relating to the CITY's contract for services, the court shall assess
and award against MBCEF the reasonable costs of enforcement, including
reasonable attorneys'fees, if:
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 the CITY and to MBCEF.
2. A notice complies with subparagraph (1)(b) if it is sent to the CITY's
custodian of public records and to MBCEF at MBCEF's address listed on
its contract with the CITY 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.
3. 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:
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CITY OF MIAMI BEACH
ATTENTION: RAFAEL E. GRANADO, CITY CLERK
1700 CONVENTION CENTER DRIVE
MIAMI BEACH, FLORIDA 33139
E-MAIL: RAFAELGRANADOaMIAMIBEACHFL.GOV
PHONE: 305-673-7411
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)
•
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IN WITNESS THEREOF,the Parties hereto have caused this Amendment to be executed
by their respective and duly authorized officers as of the day and year first written above.
ATTEST: CITY OF MIAMI BEACH, FLORIDA
os ros
By: By: nr l °K
Rafael E. G nado, City Clerk a . Hudak, City Manager
NAY 0 '5 2022
Date: i3 I!„
tORPt1O RAT ED� s'
�.
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
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City Attorney I of
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ATTEST: MIAMI BEACH CHAMBER EDUCATION
FOUNDATION, INC.
By: LBOCus19..6Ey. Dacus19A.d Ey:
ei re w) By: gun LibbiiA,
BOESBE2BCC0669A... J tilybin, President and CEO
Print Name: Enid Rodriguez
Date: 4/29/2022 110:57 AM EDT
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MI A M I B EAC H Contract/Document Routing Form
.eontratt.No: ., Title, .
N/A AMENDMENT NO.6 MOU CMB CHAMBER NURSE INITIATIVE 2022-23
Cantra""ctor Re.uestin• De.artment
ODPI
`De.artment Director Name&Si:nature, '.r` ' " ACM'Name,&rSi:nature
DR.LESLIE ROSENFELD r° .z‹ MARK TAXIS EH�
Document T"^et.Select One
Type 1—Contract,amendment,change order or task order resulting from a procurement-issued competitive solicitation.
Type 2—Other contract,amendment,change order or task order not resulting from a procurement-issued competitive solicitation.
Type 3—Independent Contractor Agreement(ICA) Type 6—Tenant Agreement
Type 4—Grant agreements with the City as the recipient Type 7—Inter-governmental agency agreement
Type 5—Grant agreements with the City as the grantor X Other:
,BriefrwSu'mma;"r`.Pur".ose attacfi n no if additional s ace;is necessa '
CMB Nurse Inivitative for mental health-related and prevention services
Ori:finalTerm1 ;" - " Renewal Periods ". ..' `Total Tetint On:inal+Renewals
. x -Fundin:'+Information
Grant Funded: Yes No State Federal Other:
'"'` Cost&Fundin:Source
le Year ,, ;Annual Cost "Account Re•uire Enhancement-`^
1 $139,000 011-0332-000343-16-400-582-00-00-00 Yes No
2 ` ' Yes No
3 Yes No
4 Yes No
5 Yes No
1.For contracts longer than five years,contact the Procurement Department. 2.Attach any supporting explanation needed.
3.Budget approval indicates approval for current fiscal year only. Future years are subject to City Commission approval of
annual adopted operating budget.
,Autliori to:Si:h ' �'
City Commission Approved: Yes No Resolution No.: _ CC Agenda Item No.: CC Meeting Date:
2019-30957
If no,explain why CC approval is not required:
Legal Form Approved: X Yes No If no,explain below why form approval is not necessary:
'.'�._, "a', 4`,Ma ,'as'_:.t"�,t �.,," r uN xsz<. Coi1a1i iceA .''oVals;seeattached; sr, ....^«a x -`;' 'x.„..'.'
Procurement: Grants:
Budget: °xu9I9nedby. Information Technology:
Cfiaatt,ca,(9ffa Sfuvavf
Risk Management: 920B4A610EE1463 Fleet&Facilities:
Human Resources: Other: