Amendment 8 to the Memorandum of Understanding between CMB and Miami Beach Chamber Education Foundation, INC DocuSign Envelope ID:2278F6FA-0148-4A11-804E-174974AAD872
AMENDMENT NO. 8
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 YEARS 2023-2024 AND 2024-2025
Rill — i 2024
Amendment No. 8 ("Amendment") is made and entered into this day
of , 2024, by and between the City of Miami Beach, Florida, a municipal
corporation organized and existing under the laws of the State of Florida, having its principal place
of business at 1700 Convention Center Drive, Miami Beach, Florida 33139 ("CITY") and the
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"' Floor, Miami Beach, Florida 33139 (`MBCEF") (collectively, the "Parties"), to
amend the Memorandum of Understanding entered into on July 26, 2016, as amended by
Amendment No. 1, Amendment No. 2, Amendment No. 3, Amendment No. 4, Amendment No. 5,
Amendment No. 6, and Amendment No. 7, collectively referred to herein as the "MOU":
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 falls within the City of Miami Beach;
therefore, the Participating Municipalities, the MBCEF and The Children's Trust ("The Trust"
or"TCT")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, due to the success of the Nurse Initiative,and because the basic healthcare
services previously funded through The Nurse Initiative were being provided by The Trust via
the new School Health Programs, on April 13, 2016, the Mayor and City Commission adopted
Resolution No. 2016-29345, approving the enhancement of the Nurse Initiative by providing
behavioral health/mental health services for the participating schools through a licensed clinical
social worker(the"Nurse Enhancement Initiative")for the 2016-2017 school year; and
WHEREAS, pursuant to Resolution No. 2016-29345, on July 26, 2016, the City and
MBCEF entered into a Memorandum of Understanding ("MOU"), which continued the Nurse
Enhancement Initiative for North Beach Elementary, Treasure Island Elementary, and Ruth K.
Broad Bay Harbor K-8 Center, and expanded the Nurse Enhancement Initiative 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
Page 1 of 7
DocuSign Envelope ID:2278F6FA-0148-4A11-804E-174974AAD872
School, 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 Nurse Enhancement Initiative for the 2017-2018 school year; and
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 $60,000.00 per year; and
WHEREAS, pursuant to Resolution No. 2018-30259, the CITY increased funding for
behavioral health services for the 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 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, (collectively, the "CITY's'Participating Schools"), in a total amount not to exceed
$114,000.00 per year(the Nurse Enhancement Initiative for the City's Participating Schools
shall be referred to herein as the"Miami Beach Nurse Enhancement Initiative"); and
WHEREAS, on August 30, 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, on September 11, 2019, the Mayor and City Commission adopted Resolution
No. 2019-30957, approving Amendment No. 3 to the MOU; said Amendment continuing the
Miami Beach Nurse Enhancement Initiative, in the amount not to exceed$139,000.00 per year
(the "City's Contribution")for the 2019-2020 school year and each subsequent school year, on
a recurring basis, subject to funding approval during the CITY's budgetary process; and
WHEREAS, on August 12, 2019, Amendment No. 3 was executed, extending the Miami
Beach Nurse Enhancement Initiative services for the 2019-2020 school year pursuant to a
separate agreement to be entered into among MBCEF, The Trust and a healthcare provider
approved by The Trust (the "Provider"); said agreement providing for the staffing and the
payment of certain costs associated with the Nurse Enhancement Initiative for all of the
participating schools, for a total minimum global sum of$232,600.00, pursuant to which the City's
Participating Schools may also receive additional days of service; and
WHEREAS, on August 19, 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 June 21, 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; and
WHEREAS, on May 5, 2022, the CITY and MBCEF executed Amendment No. 6 to the
MOU, continuing the Miami Beach Nurse Enhancement Initiative for the 2022-2023 school
year; and
Page 2 of 7
DocuSign Envelope ID:2278F6FA-0148-4A11-804E-174974AAD872
2. MODIFICATIONS.
The MOU is hereby amended (deleted items St-FLI-Glec—tlftreugh and inserted items
underlined)as follows:
(a) Commencing as of the Effective Date of this Amendment, Hazel Health, as the
current provider of telehealth-based primary care, therapy and counseling services
for the School Board, is hereby added as a provider of Hazel Health Initiative
services for the City's Participating Schools, for a period of one (1) year from
the date of execution of the School Board Initiative Funding Agreement, in
order to'fill current vacancies for these services, and thereafter continuing for
additional one-year periods, as needed and agreed upon by the parties in order to
fulfill the Miami Beach Nurse. Enhancement Initiative. MBCEF shall pay Hazel
Health) in advance for the initial one-year term of the School Board Initiative
Funding Agreement. • ;; :
(b) The term of this MOU is,hereby extended through and including September 30,
2025 for The Trust Initiative'Funding Agreement,and for one full year from date
of execution of the School Board Initiative Funding Agreement.
(c) Paragraph 3 of the MOU is hereby deleted in its entirety and replaced with the
following:
3. Subiect to funding appropriation and approval by the City Commission during the
CITY's budgetary process, on or before October 31 st of each school year, the
CITY will provide funds("CITY'S Contribution")to MBCEF for Initiative services
on behalf of the CITY's Participating Schools, in the amount up to$139,000.00,
for The Trust Initiative Funding Agreement for the period from October 1, 2024
to July 31, 2025 and from August 1, 2025 to September 30, 2025; and for the
School Board Initiative Funding Agreement, for the period of one full year from
the date of execution of the School Board Initiative Funding Agreement.
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 4 of 7
DocuSign Envelope ID:2278F6FA-0148-4A11-804E-174974AAD872
ATTEST: MIAMI BEACH CHAMBER EDUCATION
FOUNDATION, INC.
DocuSigned by: DocuSigned by:
By 1=4VY�t A(� ill a By: taxi{out, �7a saJn.�
Pri vi ?5K4N-9qan.. 'tt •glitg2Bassant, President and CEO
Date:
6/12/2024 1 2:10 PM EDT 6/12/2024 i 1:28 PM EDT
Page 6 of 7
DocuSign Envelope ID:2278F6FA-0148-4A11-804E-174974AAD872
•
•
RESOLUTION NO! 2024-32980
I
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING, IN SUBSTANTIAL FORM,
AMENDMENT NO. 8 TO THE MEMORANDUM OF UNDERSTANDING (MOU),
DATED JULY 26,.2016, BETWEEN THE CITY AND THE MIAMI BEACH
CHAMBER EDUCATION FOUNDATION, INC. (MBCEF); SAID AMENDMENT:
(1) APPROVING HAZEL HEALTH, INC. (HAZEL) AND TELEHEALTH
• - SERVICES USA, INC. D/B/A HAZEL HEALTH SERVICES (HAZEL SERVICES)
(COLLECTIVELY, HAZEL HEALTH), AS THE CURRENT PROVIDER OF
TELEHEALTH-BASED PRIMARY CARE, THERAPY AND COUNSELING
SERVICES FOR THE SCHOOL BOARD OF MIAMI-DADE COUNTY(SCHOOL •
BOARD), IN ORDER TO FILL VACANCIES FOR THESE SERVICES AT CITY
SCHOOLS, COMMENCING DURING THE 2023-2024 SCHOOL YEAR, AND
EVERY YEAR THEREAFTER, AS NEEDED; AND (2) AUTHORIZING MBCEF,
AS THE CITY'S FISCAL AGENT, TO NEGOTIATE AND EXECUTE ANY
REQUIRED AGREEMENTS WITH THE SCHOOL BOARD AND/OR HAZEL
•
HEALTH TO FUND THE SERVICES PROVIDED BY HAZEL HEALTH; AND
AUTHORIZING MBCEF TO EXECUTE FUTURE FUNDING AGREEMENTS,
WHICH MAY INCLUDE OTHER PROVIDERS, APPROVED BY THE SCHOOL
BOARD FOR SIMILAR SERVICES, IN CONNECTION WITH THE
FULFILLMENT OF THE NURSE ENHANCEMENT INITIATIVE;AND FURTHER
AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE
AMENDMENT.
WHEREAS, the City of Miami Beach (the "City"), North Bay Village, the Town of Bay
Harbor Islands, the Town of Surfside, and Bal Harbour Village (collectively, "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 falls within the City of Miami Beach; and
• " WHEREAS, on August 19, 2013, the Participating Municipalities, the Miami Beach
Chamber Education Foundation, Inc. ("MBCEF"), and The Children's Trust("The Trust")entered
into a Memorandum of Understanding, to provide healthcare services through a nurse for these
participating schools (the"Nurse Initiative") during the 2013-2014 school year; and.
WHEREAS, the Nurse Initiative was extended to the 2014-2015 school year; and
WHEREAS, due to the success of the Nurse Initiative, and because the basic healthcare
services previously funded through the Nurse Initiative were being provided by The Trust via the
new school health programs, on April 13, 2016, the Mayor and City Commission adopted
Resolution No. 2016-29345, approving the enhancement of the Nurse Initiative by providing
behavioral health/mental health services for the participating schools through a licensed clinical
social worker(the"Nurse Enhancement Initiative")for the 2016-2017 school year; and
WHEREAS, pursuant to Resolution No. 2016-29345, on July 26, 2016, the City and
MBCEF entered into. a Memorandum of Understanding ("MOU"), which continued the Nurse
Enhancement Initiative for North Beach Elementary, Treasure Island Elementary, and Ruth K.
DocuSign Envelope ID:2278F6FA-D148-4A11-804E-174974AAD872
WHEREAS,on August 19, 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 June 21, 2021, the City and MBCEF executed Amendment No. 5 to the
MOU;continuing the Miami Beach Nurse Enhancement Initiative for the 2021-2022 school year;
and
WHEREAS, on May 5, 2022,the City and MBCEF executed Amendment No. 6 to the
MOU, continuing the Miami Beach Nurse Enhancement Initiative for the 2022-2023 school year;
and
WHEREAS,on May 16, 2023,the City and MBCEF executed Amendment No. 7 to the
MOU, continuing the Miami Beach Nurse Enhancement Initiative for the 2023-2024 school year;
and
WHEREAS, the Miami Beach Nurse Enhancement Initiative services were not provided
to the following City's Participating Schools during the 2022-23 school year due to staffing
challenges of our partners: Miami Beach South Pointe Elementary School, Miami Beach Fienberg
Fisher K-8, Miami Beach Nautilus Middle School, and Biscayne Beach Elementary School; and
WHEREAS, alternate service models are being explored to fill the open mental health
professional position for the 2023-24 school year to ensure services are available for all youth;
and
WHEREAS, as of August 30, 2021, Miami-Dade County Public Schools ("School Board")
entered into an agreement with Hazel Health, Inc., a Delaware corporation ("Hazel") and
Telehealth Services USA, Inc., a California corporation, d/b/a Hazel Health Services ("Hazel
Health Services")(collectively,"Hazel Health")to provide telehealth-based primary care,therapy,
counseling, and non-clinical services, such as telehealth technology, training, and technology
support services; and
•
WHEREAS, as of December 8, 2023, the School Board entered into an agreement to
extend the terms of the agreement with Hazel Health through the remainder of 2024; and
WHEREAS,the City seeks to add Hazel Health as a provider for the Nurse Enhancement
Initiative, commencing for the 2023-2024 school year, to fill in the gap for these services at the
City's Participating Schools, and every year thereafter, as may be needed, to'fulfill the Nurse
Enhancement initiative for behavioral health services for all of the participating schools; and
WHEREAS,in order to utilize the services of Hazel Health,MBCEF would need to execute
an agreement with the School Board and/or Hazel Health,which agreement would allow MBCEF,
as the City's fiscal agent, to fund the telehealth-based primary care, therapy, and counseling
services provided by Hazel Health, as needed; and
WHEREAS, for the 2023-2024 school year, MBCEF would be negotiating and executing
an agreement with the School Board and Hazel Health, in a form similar to the draft Master
Service Agreement attached to the City Commission Memorandum accompanying this
Resolution; and
DocuSign Envelope ID:2278F6FA-0148-4A11-804E-174974AAD872
•
Resolutions-C7 C
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Aline T. Hudak, City Manager
DATE: April 3,2024
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, APPROVING, IN SUBSTANTIAL
FORM, AMENDMENT NO. 8 TO THE MEMORANDUM OF
UNDERSTANDING (MOU), DATED JULY 26, 2016, BETWEEN THE CITY
AND THE MIAMI BEACH CHAMBER EDUCATION FOUNDATION, INC.
(MBCEF); SAID AMENDMENT: (1) APPROVING HAZEL HEALTH, INC.
(HAZEL)AND TELEHEALTH SERVICES USA, INC. D/B/A HAZEL HEALTH
SERVICES (HAZEL SERVICES) (COLLECTIVELY, HAZEL HEALTH), AS
THE CURRENT PROVIDER OF TELEHEALTH-BASED PRIMARY CARE,
THERAPY AND COUNSELING SERVICES FOR THE SCHOOL BOARD OF
MIAMI-DADE COUNTY (SCHOOL BOARD), IN ORDER TO FILL
VACANCIES FOR THESE SERVICES AT CITY SCHOOLS, COMMENCING
DURING THE 2023-2024 SCHOOL YEAR, AND EVERY YEAR
THEREAFTER, AS NEEDED; AND (2) AUTHORIZING MBCEF, AS THE
CITY'S FISCAL AGENT, TO NEGOTIATE AND EXECUTE ANY REQUIRED
AGREEMENTS WITH THE SCHOOL BOARD AND/OR HAZEL HEALTH TO
FUND THE SERVICES PROVIDED BY HAZEL HEALTH;
AND AUTHORIZING MBCEF TO EXECUTE FUTURE FUNDING
AGREEMENTS, WHICH MAY INCLUDE OTHER PROVIDERS, APPROVED
BY THE SCHOOL BOARD FOR SIMILAR SERVICES, IN CONNECTION
WITH THE FULFILLMENT OF THE NURSE ENHANCEMENT INITIATIVE;
AND FURTHER AUTHORIZING THE CITY MANAGER AND CITY CLERK
TO EXECUTE THE AMENDMENT.
RECOMMENDATION
The Administration recommends that the Mayor and City Commission adopt the Resolution.
BACKGROUND/HISTORY
The Education Compact with Miami-Dade County Public Schools (M-DCPS), established on
January 16, 2008, includes the outcome to increase the health and well-being of students in
Miami Beach public schools. The activities included in the Compact agreement to support this
outcome include the following:
• The school District will maintain health clinics (nurse practitioners and/or
registered nurses) at Fienberg-Fisher, Biscayne, Nautilus, and Miami Beach
Page 394 of 1445
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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, Nautilus Middle School, Fienberg Fisher K-8 Center, Biscayne Elementary
School, and 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. - - - — -- . - -
On May 25, 2017, the City and Miami Beach Chamber Education Foundation Inc. executed
Amendment No. 1 to the MOU, continuing the Miami Beach Nurse Enhancement Initiative for
the 2017-2018 school year.
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. Resolution No. 2018-30259 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; Nautilus-Middle School, two (2) days; Fienberg
Fisher K-8 Center, two (2) days; Biscayne Elementary School, two (2) days; South Pointe
Elementary School, two (2) days; and North Beach Elementary, one (1) day, (collectively, the
"City's Participating Schools"); in a total amount not to exceed $114,000.
•
On August 30, 2018 the City and Miami Beach Chamber Education Foundation Inc. executed
Amendment No. 2 to the MOU, continuing the Miami Beach Nurse Enhancement Initiative for
the 2018-2019 school year.
On June 5, 2019, the Miami-Dade County Public School Board adopted a resolution relating to
Item D-67, renaming Biscayne Elementary School to Biscayne Beach Elementary School;
South Pointe Elementary to Miami Beach South Pointe Elementary; Nautilus Middle School to
Miami Beach Nautilus Middle School; and Fienberg Fisher K-8 Center to Miami Beach
Fienberg Fisher K-8.
Miami Beach Chamber Education Foundation Inc. provided funding, in an amount not to exceed
$40,000.00, to support the Miami Beach Nurse Enhancement Initiative for the 2019-2020
school year with funds to be used from August 5, 2019-June 5, 2020 and remaining funds to
be used from August 5, 2020 to June 5, 2021. The City contributed funding in the amount of
$139,000 (the "City's Contribution") to support the Miami Beach Nurse Enhancement Initiative
for the 2019-2020 school year.
The Miami Beach Nurse Enhancement initiative for behavioral health services for the City's
Participating Schools (the "Initiative")for the 2019 2020 school year was established pursuant
to, and as part of, a separate agreement to be entered into between Miami Beach Chamber
Education Foundation Inc., The Trust and a healthcare provider approved by The Trust (the
"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
$232,600.00, pursuant to which the City's Participating Schools may receive additional days of
service.
On September 11, 2019, the Mayor and City Commission adopted Resolution No. 2019-
30957,approving Amendment No. 3 to the Memorandum of Understanding ("MOU"),dated July
Page 396 of 1445
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fully collaborate with Hazel Health through this period of training and implementation. After the
initial implementation and training performed by Hazel Health, District is solely responsible to
provide ongoing training to its staff unless it elects to purchase additional optional training from
Hazel Health.
The City seeks to add Hazel Health as a provider for the Nurse Enhancement. Initiative,
commencing for the 2023-2024 school year, to fill in the gap for these services at the City's
Participating Schools, and every year thereafter, as may be needed, to fulfill the Nurse
Enhancement Initiative for behavioral health services for all of the participating schools. In order
to utilize the services of Hazel Health,the Miami Beach Chamber Education Foundation, Inc.
would need to execute an agreement with the School Board and/or Hazel Health, which
agreement would allow the Miami Beach Chamber Education Foundation, Inc., as the City's
fiscal agent, to fund the primary care, therapy, and counseling services provided by Hazel
Health,as needed.
For the 2023-2024 school year,the Miami Beach Chamber Education Foundation, Inc.would
be negotiating and executing an agreement with the School Board and Hazel Health, in a form
similar to the draft Master Service Agreement attached hereto. The cost for the services to be
provided by Hazel Health would be paid from previously approved funding for Fiscal Year 2023-
2024,and prospectively would not increase the total approved cap for the City's Contribution, in
the annual amount of$139,000.00.
SUPPORTING SURVEY DATA
49%of residents are satisfied or very satisfied with public schools in Miami Beach
FINANCIAL INFORMATION
N/A
CONCLUSION
The City Manager recommends approving, in substantial form,Amendment No. 8 to the MOU, a
draft copy of which is attached hereto; said Amendment approving Hazel Health, as the current
provider of telehealth-based primary care, therapy and counseling services for the School
Board, and authorizing , the Miami Beach Chamber Education Foundation, Inc., as the City's
fiscal agent, to negotiate and execute any required agreements with the School Board andtor
Hazel Health, in order to fund primary care, therapy and counseling services, as needed, for the
participating schools,commencing for the 2023-2024 school year.
Additionally, the City Manager recommends authorizing the Miami Beach Chamber Education
Foundation, Inc. to execute future funding agreements, which may include other providers,
approved by the School Board of Miami-Dade County for similar services,in connection with the
fulfillment of the Nurse Enhancement Initiative.
Applicable Area
Not Applicable
Is this a"Residents Right. Does this item utilize G.O.
to Know"item. pursuant to Bond Funds?
City Code Section 2-14?
No No
Page 398 of 1445
DocuSign Envelope ID:2278F6FA-0148-4A11-804E-174974AAD872
AMENDMENT NO. 8
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 YEARS 2023-2024 AND 2024-2025
Amendment No. 8("Amendment") is made and entered into this _-_day of , 2024,
by and between the City of Miami Beach, Florida, a municipal corporation organized and
existing under the laws of the State of Florida, having its principal place of business at 1700
Convention Center Drive, Miami Beach, Florida 33139("CITY")and the 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"'Floor,Miami
Beach,n Florida 33139 (`MBC )EF" :4collectively, the "Parties"), to amend the Memorandum of
Understanding'entered into on July 6, 2016, as amended by AmendmentwNo 1, Amendrmer t
No. 2, Amendment No. 3, Amendment No. 4 ''KAmendment No 5, Amendment No, 6, and
Amendment Na 7,=;collectively referred to herei ,as the"MOU": t fi
RECITALS f 1
WHEREAS,the CITY`,North Bay Village, the Town of Bay Harbor !elands, 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 h `ire full.time ohfefte healthcare services and rere, thus, underserved as
compared to other=public schools ir)the feeder pattern that falls whin the City of Miami Beach;
therefore, the'P.axticipatieng Municipalities,_the MBCEF and The.Children's Trust("The Trust"
or` c l entered into a MernorandurhOf,Understanding on August 19,2013 to provide healthcare
services, through a nursee: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,due to the success of the Nurse Initiative,and because the basic healthcare
services previously funded through the Nurse Initiative were being provided by The Trust via
the new School Health Programs, on April 13, 2016, the Mayor and City Commission adopted
Resolution No. 2016-29345, approving the enhancement of the Nurse Initiative by providing
behavioral health/mental health services for the participating schools through a licensed clinical
social worker(the"Nurse Enhancement Initiative")for the 2016-2017 school year;and
WHEREAS, pursuant to Resolution No. 2016-29345, on July 26, 2016, the City and
MBCEF entered into a Memorandum of Understanding ("MOW), which continued the Nurse
Enhancement Initiative for North Beach Elementary, Treasure Island Elementary, and Ruth K.
Broad Bay Harbor K-8 Center, and expanded the Nurse Enhancement Initiative 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
Page 1 of 7
Page 400 of 1445
DocuSign Envelope ID:2278F6FA-0148-4A11-804E-174974AAD872
WHEREAS, on May 16, 2023, the CITY and MBCEF executed Amendment No. 7 to the
MOU, continuing the Miami Beach Nurse Enhancement Initiative for the 2023-2024 school
year; and
WHEREAS, on April 3, 2024, that the Mayor and City Commission adopted Resolution
No. , approving, in substantial form, this Amendment to the MOU; (1)
approving Hazel Health, Inc. (Hazel) and Telehealth Services USA, Inc. d/b/a Hazel Health
Services(Hazel Services)(collectively, Hazel Health),as the current provider of telehealth-based
primary care, therapy and counseling services for the School Board of Miami-Dade County
(School Board), in order to fill vacancies for these services at City schools, commencing during
the 2023-2024 school year, and every year thereafter, as needed; and (2) authorizing MBGEF,
as the City's fiscal agent, to negotiate and execute any required agreements with the School
Board and/or Hazel Health to fund the services provided by Hazel Health;and authorizing MBCEF
to execute future funding agreements,which may include other providers,approved by the School
Board for similar services, in connection with the fulfillment of the Nurse Enhancement Initiative;
and-w-e,
•;,A
- •';•,f
P'41 WHEREAS, the CITY will contribute fundingvinjhe amount of$139,000.00 to support the
Miami Beach Nurse Enhancement Initiative fcrJhe7g024-2025;achool year, providing funding
for'-two (2)licensed clinical workers, or agreed upon equivalent professional, at each of the
CITY's Participating Schools for.the approximate number of days indicated: Miami Beach
Seri* High Schbp1;:fourOi•ortiv05)days; Miami Beach Nautilus Middle School. two (2)days;
Miami Beach Fienberg-Fisher,K01,one (1)day;13iscayne Beach Elementary School, one(1)day;
Miami Beach South Pointe EleMeriOry School.one(1)day;and North"BeadhjElementarySchool,
one )day; andif
fry-4
, Af‘z
WHEREAS, the Miami Beach Nurse Enhancement Initiative for behavioral health
se6rieeitbrithe,CITY's Participating Schools(the 'Initiative")for the 2023-2024 and 2024-2025
school years should be established pursuant to, and as'part of. separate agreements to be
entered into between (1) MBCEF, The Trust and/or the healthcare provider approved by The
Trust; and/or (2) MBCEF, the School Board and/or the healthcare provider approved by the
School Board) (collectively, the "Funding Agreements") to provide for the staffing and the
payment of certain costs associated with the Nurse Enhancement Initiative for all of the
participating schools, for a total minimum global sum of $232,600.00, pursuant to which the
CITY's Participating Schools may receive additional days of service. Once executed, the
Funding 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.
Page 3 of 7
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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
By: By:
Rafael E. Granado, City Clerk Aline T. Hudak, City Manager
Date:
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DocuSign Envelope ID:2278F6FA-0148-4A11-804E-174974AAD872
ATTACHMENT"A"
MBCEFITHE TRUST/PROVIDER AGREEMENTS
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DocuSign Envelope ID:2278F6FA-0148-4A1 1-804E-174974AAD872
Hazel Health based upon commercially reasonable standards. In the event the full scope of Services is unable to
be provided (e.g., unanticipated unavailability of Hazel Health providers due to sickness or an emergency, a
network server error, equipment or system malfunction), District shall provide its customary level of care for
students which may be limited to visits with the school nurse. In such an event, Hazel Health shall make best
efforts for.its providers to continue to be available for phone consultation,to the extent such.is appropriate in the
provider's professional judgment.
1.3 Hazel and Hazel Health's Representations. Hazel Health represents as follows, and shall
notify District immediately upon becoming aware that any of the representations below is no longer correct:
(a) Hazel and Hazel Health have the authority to enter into this Agreement;
(b)Hazel and Hazel Health are not bound by any agreement or arrangement that would preclude
it from entering into,or from fully performing the Services required under this Agreement;
(c) Neither Hazel Health nor any provider delivering Services under this Agreement: (i) is a
"sanctioned person"under any federal or state program or law;(ii)has been listed in the current List of Excluded
Individuals and Entities by the Office of Inspector General for the U.S. Chamber of Health and Human Services:
(iii) has been listed on the General Services Administration's List of Parties Excluded from Federal Programs;
(iv) has been listed on the U.S. Chamber of Treasury, Office of Foreign Assets Control's Specially Designated
Nationals and Blocked Persons List;or(v)has been convicted of a criminal offense related to health care.
1.4 Independent Medical Judgment. Hazel Health and its providers shall use their independent medical
and professional judgment when performing professional telehealth services. Hazel, nor the District, shall have
nor exercise any control over the professional judgment and medical decision-making of the providers.
1.5 Applicable Standards and Staffing. To enable Hazel Health to provide the Services, District shall
staff and equip its location(s) in accordance with: (i) applicable standards of care; (ii) applicable statutes and
regulations;(iii) District's school districts written policies;and(iv)any protocols developed by the parties.
1.6 Telehealth Technology and Support. District shall provide the technology and support as set forth
in this Agreement.The selected sites must have consistent Wi-Fi access of 1.5 Mbps download 500 Kbps upload.
Subject to parental consent, District agrees to provide a regular data feed to Provider with demographic and
relevant data necessary to provide the highest quality care. Parental consent is attached hereto and incorporated
herein as Exhibit B. District will also provide printing capabilities as needed with the requisite supplies, including
but not limited to printer,toner and printing paper.
1.7 Telepresenter/Initiator. District shall make an onsite individual available to Hazel Health for
purposes of serving as a telepresenter/initiator who will assist with certain administrative and basic clinical
functions under the direction and supervision of the Hazel Health's provider as required by applicable state law.
The duties of Initiators include, but are not limited to, (a) verifying that the student's parents/guardians have
consented to treatment by provider and(b) launching the application to start the visit.
1.8 District's Representations. District represents as follows,and shall notify Hazel Health
immediately upon becoming aware any of the representations below is no longer correct:
(a)District is in good standing under the laws of the State of Florida,and has the authority to enter into
this Agreement;
(b)District is not bound by any agreement or arrangement that would preclude it from entering into, or
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4. Billing and Collection. Except to the extent inconsistent with federal or state law, Hazel Health and its
providers shall have the sole and exclusive right to bill and collect for the Services from all patients,health plans,
governmental agencies, third party payers,and other financially-responsible parties.
5.Term and Termination.
5.1 Term. The term of this Agreement shall commence on September 1, 2023 and shall continue until
August 31, 2024. Upon the conclusion of the Initial Term, this Agreement shall renew for a subsequent two
successive one(1) year terms unless either party gives the other parties written notice of non-renewal at least
ninety(90)days prior to the expiration of the then-current term or the Agreement is terminated by the District.
The parties recognize there may be a ramp-up period following the Effective Date,and the actual commencement
of Services under this Agreement is contingent upon the parties jointly determining a mutually-agreeable Service
schedule. Notwithstanding the foregoing,this Agreement may be terminated as follows:
5.2 Termination.
•
(a) Termination for Cause. Either party may terminate this Agreement for cause upon material
breach by the other party, provided such material breach continues uncured for thirty(30).days after receipt by
the breaching party of written notice from the other party specifying such breach.The notice of breach under this
Section shall specify with reasonable particularity the nature and extent of the breach for which complaint has
been made.
(b) Immediate Termination. Either party may terminate this Agreement immediately by written
notice to the other party upon the occurrence of any of the following events: (i) the other party is listed by a
federal agency as being debarred, excluded, terminated, or otherwise ineligible for federal healthcare program
participation;(ii)the other party discontinues operations for at least fifteen(15)days or loses its required licensure
or accreditation; or(iii) the other party files a petition in bankruptcy, or makes an assignment for the benefit of
creditors;. if any involuntary petition in bankruptcy or petition for an arrangement pursuant to any bankruptcy
laws is filed against the other party and such petition or assignment is not dismissed or rescinded, as applicable,
within ninety(90)days.
(c) Termination for Convenience. District reserves the right to terminate this Agreement at any
time and for any reason, upon giving thirty (30) days prior written notice to other Parties. If said Agreement
should be terminated for convenience as provided herein,the District will be relieved of all obligations under this
Agreement.
(c) Change in Law. If any state or federal laws or regulations, now existing or enacted or
promulgated after the Effective Date,are interpreted by a judicial decision,a regulatory agency or legal counsel
in such a manner that this Agreement or any provision hereof may be in violation of such laws or regulations,the
parties shall amend this Agreement as necessary to preserve the underlying economic and financial arrangements
between the parties and without substantial economic detriment to either party. If, in the written opinion of a
party's legal counsel, this cannot be done, then such party may provide thirty(30)days' prior written notice to
the other party of the Agreement's termination.
(d) Effect of Termination. The parties shall cooperate to ensure the smooth transition of patient
care during termination of this Agreement.To the extent the parties entered into any licensing or other agreements
regarding the Services, such agreements shall immediately and automatically terminate concurrent with this
Agreement. Each provider or Professional's credentialing with District and its Covered School(s) shall
automatically terminate for the type of Services rendered under this Agreement,except to the extent the provider
or Professional held such membership or privileges prior to the Effective Date of this Agreement. Within thirty
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•
DocuSign Envelope ID:2278F6FA-0148-4A11-804E-174974AAD872
by an umbrella or excess policy)shall be$ 1,000,000
Each Occurrence- Bodily Injury and Property Damage Combined
Professional Liability: If the contract requires professional services, Hazel Health shall provide evidence
of the following professional liability coverage. Such insurance shall be on a form acceptable to the Board
and shall cover Hazel Health for those sources of liability arising out of the rendering or failure to render
professional services in the performance of the services required in the Agreement including any hold
harmless and/or indemnification agreement. Coverage must either be on an occurrence basis; or, if on a
claims-made basis, the coverage must respond to all claims reported within three years following the period
for which coverage is required and which would have been covered had the coverage been on an occurrence
basis. The minimum limits (inclusive of any amounts provided by an umbrella or excess policy)shall be $-
1,000,000 Each Claim/Annual Aggregate
Cyber Liability Insurance: If the Contract requires the transfer of electronic records containing personal
identifiable information of student or employee records between Hazel Health and the Board, Hazel Health
shall provide evidence of the following insurance. Hazel Health shall maintain Cyber Liability insurance
with limits of not less than $1,000,000 for each wrongful act,and Liability for security or privacy breaches,
including loss or unauthorized access to the Board's data; Costs associated with a privacy breach, including
consumer notification, customer support/crises management, and costs of providing credit monitoring
services; Expenses related to regulatory compliance,government investigations, fines,fees assessments and
penalties; Costs of restoring, updating or replacing data; Privacy liability losses connected to network
security,privacy,and media liability"Insured versus insured"exclusion prohibited.The insurance provided
by the Company shall apply on a primary basis. Any insurance, or self-insurance, maintained by the Board
shall be excess of,and shall not contribute with,the insurance provided by the Company.
Unless otherwise notified, the certificate of insurance shall be
delivered to:The School Board of Miami-Dade County,
Florida
Office of Risk and Benefits
Management
PO Box 12241
Miami, Florida 33101-2241
The above insurance requirements may only be amended or waived via written approval of the Office of Risk
and Benefits Management,
8.Access to Books and Records. Parties understands the broad nature of these laws and agrees to comply with
Florida's Public Records Laws and laws relating to records retention. To the extent applicable,until the expiration
of five(5)years after the furnishing of Services hereunder,the parties shall make available to the Secretary of the
Chamber of Health and Human Services, the Comptroller General of the United States, or their duly-authorized
representatives, such books, documents and records necessary to certify the nature and extent of the cost of the
Services. If any Services are performed by way of subcontract with another organization and the value or cost of
such subcontracted Services is Ten Thousand Dollars(S10,000)or more over a twelve (12) month period,such
subcontract shall contain and the respective party shall enforce a clause to the same effect as this Section. The
availability of the parties' books, documents and records shall be subject at all times to all applicable legal
requirements, including without limitation, such criteria and procedures for seeking and obtaining access that
may be promulgated by the Secretary. If Hazel or Hazel Health keep and maintain public records upon completion
of the contract, they shall meet all applicable requirements for retaining public records. All records stored
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11.Third Party Disclaimer.Neither Hazel nor Hazel Health make any warranty of any kind,whether express
or implied with regard to the third party content or any software, equipment, or hardware obtained from third
parties(collectively,the "third party items"). Hazel and Hazel Health expressly disclaim all warranties, express
and implied, including, but not limited to, the implied warranties of merchantability,.fitness for.a particular
purpose, and title/non-infringement with regard to the third party items. Nothing in this agreement shall be
interpreted as a warranty, either express or implied, by Hazel or Hazel Health that would expand in any way a
standard end-user warranty.
12. Regulations & Ordinances. Hazel and Hazel Health shall comply with, all applicable laws, ordinances,
codes, rules and regulations of federal, state and local governments being licensed, if required, for performance
of any work under this Agreement.Hazel and Hazel Health shall be fully and completely responsible for ensuring
full and complete compliance with all Center for Disease Control,Federal,State,and Local regulations regarding
the novel coronavirus known as COV1D-19 and related conditions as may be amended from time to time. As per
Florida Statutes,as amended from time to time, Hazel and Hazel Health shall register with and use the E-Verify
system to verify the work authorization status of all newly hired employees. Should Hazel and Hazel Health
utilize a subcontractor to perform services under this Agreement Hazel or Hazel Health shall obtain an affidavit
stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. if
subcontractor Affidavit is not obtained and/or register with and use the E-Verify system District shall terminate
this Agreement immediately. In addition, Hazel and Hazel Health may not be awarded a public contract for at
least one(1)year after the date on which the contract was terminated.
13.Compliance;No Referrals Required.Each party agrees to comply with all applicable laws and regulations
in performing its obligations hereunder, including but not limited to the federal and state anti-kickback and self:.
referral laws and regulations,at all times during the term of this Agreement. Although Hazel Health is obligated
to provide the Services to the District's school districts specified in this Agreement, no party is required to refer
patients to, or otherwise generate business for,the other party.The parties intend this Agreement to comply with
42 U.S.C. § 1320a-7b(b)(the Anti-Kickback Statute),42 U.S.C. § 1395(the Stark Law)and any other federal or
state law provision governing health care fraud and abuse.The Compensation herein has been determined through
good faith and arm's length bargaining to be commercially reasonable and consistent with the fair market value
of the Services. The Compensation does not include any discount,rebate,or kickback,nor is it intended to be an
inducement or payment for referral of patients from one party to another. This Agreement shall be interpreted
and construed at all times in a manner consistent with applicable laws and regulations governing the financial
relationships among individuals and entities that provide or arrange for the provision of items or services that are
reimbursable by governmental health care programs or other third party payers. The parties acknowledge that
none of the benefits hereunder are conditioned on any requirement that one party make referrals to,be in a position
to make or influence referrals to, or otherwise generate business for the other party. The parties further
acknowledge that Hazel Health and its provider or Professionals are not restricted and can render services for
another school district of their own choosing, nor do the services under this Agreement include, directly or
indirectly, marketing services by either party. There is no agreement, express or implied, between District and
Hazel Health regarding the referral of patients or business among them.
14.Publicity.Neither party will use for publicity,promotion or otherwise, any logo, name,trade name, service
mark or trademark of the other party or its affiliates,or any simulation,abbreviation or adaptation of the same,
or the name of any employee or agent of the other party, without that party's prior, written, express consent.
Notwithstanding the foregoing,Hazel Health may publicly identify District as a user of the Services,and District
may publicly identify Hazel Health as its provider or Professional of the Services. 'The parties may publicly
announce they have entered into this Agreement, but neither shall disclose the specific terms of this Agreement
(including pricing)to any third party,except as is required to comply with applicable law.
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DocuSign Envelope ID:2278F6FA-0148-4A11-804E-174974AAD872
Attn: Josh Golornb, CEO and President
118 2nd St. Fir 6
San Francisco,CA 94105
•
If to Chamber:
If to District:
The School Board of Miami-Dade County, Florida
1450 N.E. Second Avenue,Suite 912
Miami, Florida 33132
Dr.Jose Dotres
With a copy to:
The School Board of Miami-Dade County, Florida
Office of District Operations/Comprehensive Student Health Services:
Department Director: Attention: Brenda L. Wilder
Address:2950 NW 43'd Terrace Miami, FL33025
And a copy to:
The School Board of Miami-Dade County,Florida •
Attn: Walter.I. Harvey,General Counsel
1450 N.E. Second Avenue, Suite 430
Miami,Florida 33132
22. Survivorship. Those provisions which by their nature are intended to survive the expiration,cancellation or
termination of the Agreement or Addendum, including, by way of example only, the Indemnification and
Confidentiality provisions, shall survive the expiration, cancellation or termination of the Agreement and this
Addendum.
23. No Gifts or Contingent Fees. It is the policy of the District to not accept gills, gratuities, or favors of any
kind or of any value whatsoever from vendors,members of the staff,or families. Hazel and Hazel Health warrant
that they have not employed or retained any company or person, other than a bona fide Hazel or Hazel Health
employee, to solicit or secure the Agreement, and that it has not paid or agreed to pay any person, company,
corporation, individual for firm, other than a bona fide employee working solely for the Hazel or Hazel Health,
any fee,commission,percentage,gift,or any other consideration,contingent upon or resulting from the award or
making of the Agreement. Hazel and Hazel Health further warrant that it, nor any of its directors, employees,
officers or agents, nor any of their respective subsidiaries or affiliates,has taken, is currently taking or will take
any action in furtherance of an offer, payment, promise, gifts or anything else of value, directly or indirectly, to
anyone to improperly influence or otherwise secure any improper advantage in procuring business in relation to
the Agreement and/or this Addendum. For the breach or violation of these provisions, the District shall have the
right to terminate the Agreement without liability and/or,at its discretion,to deduct from the price, or otherwise
recover,the full amount of such fee,commission,percentage,gift or consideration.
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[signature page follows]
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EXHIBIT A
Hazel Health shall provide the telehealth,based primary care, counseling and mental health
services for students at the below stated schools. •
SCHOOL NAME TOTAL ENROLLMENT
Miami Beach Nautilus MS 863
Miami Beach Fienberg/Fisher K-8 CTR 792
Miami Beach South Pointe ES 459
Biscayne Beach ES 535
The*-461-Tit*:10x00:1*510iCk6Int*:'41,7f:;!::::,-.K:i
SERVICES
1.Telehealth Physical Health Services: For each consultation,the Hazel
Health provider shall:
a. Direct/supervise Initiator in performing initial set tasks.
b. Conduct a healthcare consult to assess the patient's clinical needs; and
c. Based upon the healthcare consult, should Hazel Health's provider determine the
patient's condition constitutes an emergent matter, refer the patient or directly
contact the appropriate emergency service Professionals(e,g.,911).
d. Only patients who have completed the necessary steps to create a valid
provider-patient relationship via telehealth will receive consultations by
Hazel Health provider, including the
following steps:
i. Agreeing to an informed consent form,terms of use,and release of
information and privacy policies .
ii. Completing a comprehensive clinical history disclosure via the
online platform.
iii. Documenting a patient assessment.
2.Telehealth Mental Health Services: The Hazel Health suite of mental health services
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EXILIBI'I B
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Hazel Health is prohibited from using, disclosing, or selling Student Data to inform, influence, or enable
Targeted Advertising;,or develop a profile of a student, family member/guardian or group, for any purpose
other than providing the Service to District. This section does not prohibit Hazel Health from using Student
Data (i) for adaptive learning or customized student learning (including generating personalized learning
recommendations; or(ii)to make product recommendations to teachers or District employees, or(iii)to notify
account holders about new education product updates, features, or services or from otherwise using Student
Data as permitted in this DSA.
CONFIDENTIALITY AND SECURITY
a. As part of the Services, Hazel Health will be responsible for safekeeping all keys, access codes,
combinations, access cards, personal identification numbers, and similar security codes and
identifiers issued to Hazel Health's employees, agents, or subcontracor. Hazel Health agrees to
require its employees to promptly report a lost or stolen access device or information.
b. Hazel Health understands and agrees that it is subject to all federal and state laws and District
Policies relating to the confidentiality of student information. District will allow the Hazel Health access
to limited data as identified in this Data Sharing Agreement as necessary to perform the Services
and pursuant to the terms of this Agreement in compliance with FERPA, COPPA, PPRA, 34 CFR
99.31(b)and Florida Statutes sections 1001.41 and 1002.22 all other privacy statutes as it relates to
data privacy and security. Hazel Health shall only use the data and information provided by District
for the purpose specified in this Agreement, and shall not disclose, copy, reproduce or transmit such
data/information obtained under this Agreement and/or any portion thereof, except as necessary to
fulfill the Agreement or as may be required by law.
c. Hazel Health shall regard all student information as confidential and will not disclose the student
information to any third party without prior written approval by The District.
d. Hazel Health, subcontractor, and sub processors shall fully comply with the requirements of Section
1002.22 and Section 1002.221, Florida Statutes,or any other law or regulation,either federal or State
of Florida, regarding confidentiality of student information and records.
e. Hazel Health will not sell Student Data to any third party.
f. Both parties shall not disclose any confidential information except as required by Chapter 119, Florida
Statutes or other applicable law.
g. All written information submitted by District to Hazel Health in connection with the Services or which
is stored on the Site is deemed confidential and trade secret.
h. Data Privacy. Confidential information will be kept secured, the identity of all persons having access
to the confidential information will be documented and access will be logged.In the event of a breach
of confidentiality the breaching party will immediately notify the non-breaching party.
i. Hazel Health represents and warrants that its collection access, use, storage, disposal and disclosure of
District or user information does and will comply with all applicable federal and state privacy and data
protection laws, as well as all other applicable regulations and directives.
j. Without limiting Hazel Health's obligations under this Agreement to keep District data safe and confidential,
Hazel Health shall implement administrative, physical and technical safeguards to protect Personal
information that are no less rigorous than accepted industry practices including specifically the
International Organization for Standardization's standards ISO/IEC 27001 — Information Security
Management Systems
- Requirements and ISO-IEC 27002—Code of Practice for International Security Management, and shall
ensure that all such safeguards, including the manner in which District information is collected, accessed,
used, stored, processed, disposed of and disclosed, comply with applicable data protection and privacy
laws, as well as the terms and conditions of this Agreement
k. For all employees or subcontractor who have access to the District data during the term of each
subcontractor or employee's employment by Hazel Health, Hazel Health shall at all times cause such
subcontractor or employee to abide strictly by Hazel Health's obligations under this Agreement. Hazel
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will be stored, backed up and served only on servers located within the continental United States. Hazel
Health shall execute a document with the Tier 1 datacenters which host District's data. Hazel Health shall
provide the District with a copy of the hosting agreement.Hazel Health shall notify the District in writing fifteen
(15) days prior to any changes to the hosting provider. Hazel Health shall supply the District with proof of a
pen test (or proof of SOC II compliance) and the ability to test the security parameters of the tenant
configuration.
Hazel Health agrees that any and all District data will be stored, processed, and maintained solely on
designated servers and that no District data at any time will be processed on or transferred to any portable
or laptop computing device or any portable storage medium, unless that storage medium is in use as part of
Hazel Health's designated backup and recovery processes.All servers,storage,backups,and network paths
utilized in the delivery of the service shall be contained within the states of the United States. Hazel Health
agrees to store all District backup data stored as part of its backup and recovery processes in encrypted
form, using no less than 128 bit key.
Hazel Health will ensure that District Data is encrypted and that all device/medium will be scanned at the
completion of any contract or service Agreement and/or research study or project to ensure that no District
Data, PH, personal information and/or student record information is stored on such electronic
devices/medium. Furthermore, Hazel Health will have in place a service that will allow Hazel Health to wipe
the hard drive on any stolen laptop or mobile electronic device remotely and have a protocol in place to
ensure compliant use by employees.
1. If District receives a subpoena, warrant, or other legal order, demand (including an application for
public information filed pursuant to Florida public records laws, or request seeking Data maintained
by Hazel Health, the District will promptly provide a copy of the application to Hazel Health. Hazel
Health will promptly supply District with copies of records or information required in order for the District
to respond, and will cooperate with the District's reasonable requests in connection with its response.
2. Upon receipt of a litigation hold request, Hazel Health will preserve all documents and District data as
identified in such request,and suspend any operations that involve overwriting,or potential destruction
of documentation arising from such litigation hold.
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