HomeMy WebLinkAbout24601AGREEMENT INFORMATION
AGREEMENT NUMBER
24601
NAME/TYPE OF AGREEMENT
FLORIDA FILM HOUSE INTERNATIONAL, INC.
DESCRIPTION
PROGRAMMING AGREEMENT/FILM INSTRUCTION & AFTER
SCHOOL PROGRAM SERVICES AT DORSEY LIBRARY FOR
THE 2019-2024 TERM/FILE ID: 6165/R-19-0262/MATTER ID: 18-
3483
EFFECTIVE DATE
July 10, 2019
ATTESTED BY
TODD B. HANNON
ATTESTED DATE
8/28/2023
DATE RECEIVED FROM ISSUING
DEPT.
9/6/2023
NOTE
1 Err
CITY OF MIAMI
DOCUMENT ".OUTING FORM
ORIGINATING DEPARTMENT: Park and Recreation
DEPT. CONTACT PERSON: LaCleveia Morley
DAME OF OTHER CONTRACTUAL PARTY/ENTITY:
IEXTt, 305.416.1332
IS THIS AGREEMENT A RESULT OF A COMPETITIVE PROCUREMENT PROCESS? 0 YES 0 NO
TOTAL CONTRACT AMOUNT: $ p FUNDING INVOLVED? ❑ YES 0 NO
TYPE OF AGREEMENT:
❑ MANAGEMENT AGREEMENT
❑ PROFESSIONAL SERVICES AGREEMENT
0 GRANT AGREEMENT
0 EXPERT CONSULTANT AGREEMENT
0 LICENSE AGREEMENT
OTHER: (PLEASE SPECIFY) Program Partnership Agreement
❑ PUBLIC WORKS AGREEMENT
0 MAINTENANCE AGREEMENT
❑ INTER -LOCAL AGREEMENT
❑ LEASE AGREEMENT
❑ PURCHASE OR SALE AGREEMENT
PURPOSE OF ITEM (BRIEF SUMMARY): To execute the Program Partnership Agreement for the provision of Film Instruction and
Alloy School program services a1 Dorsey Library for Ure 2019-202,1 torm.
/2019
COMMISSION APPROVAL DATE: 07 / 19
FILE ID: 6165
ENACTMENT- NO.: R-19-0262
IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLAIN: N/A
ROUTING tINFORMATION,• /
Date
PLEASE PRINT ASIGN
APPROVAL BY DEPARTMENTAL DIRECTOR
OPRINT:
B,7('9rnandez
SIGNATURE:SUBMITTED
TO RISK MANAGEMENT
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SIGNATURE: Gomez, Frank Oat, 2022.03.0213:5613
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SUBMITTED TO CITY ATTORNEY
7/6/22
7/5/22
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APPROVAL BY ASSISTANT CITY MANAGER
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APPROVAL BY DEPUTY CITY MANAGER
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SIGNATURE:
RECEIVED BY CITY MANAGER
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SIGNATURE:
1) ONE ORIGINAL TO CITY CLERK,,
2) ONE COPY TO CITY ATTORNEY'S OFFICE ;
3) REMAINING ORIGINAL(S) TO ORIGINATING
DEPARTMENT
PRINT:
SIGNATURE:
PRINT:
SIGNATURE:
PRINT:
SIGNATURE:
PLEASE ATTACH THUS r:OUTING FOr'M TO ALL DOCUMENTS THAT REQUIRE
EXECUTION =Y THE CITY MANAGER
483
PROGRAMMING AGREEMENT
BETWEEN THE CITY OF MIAMI, FLORIDA
AND FLORIDA FILM HOUSE INTERNATIONAL, INC.
THIS AGREEMENT ("Agreement") is between the City of Miami, a Florida municipal
corporation, hereafter "City", whose address is 444 Southwest 2nd Avenue, Miami, Florida 33130
and Florida Film House International, Inc., a Florida Not -For -Profit Corporation, hereafter
"Programming Partner," whose address is 570 NW 26th Street, Miami, Florida 33127.
In consideration of the mutual covenants herein, the City and Programming Partner (sometimes
hereafter referred to collectively as the "Parties" and individually as a "Party") agree as follows:
A. EFFECTIVE TERM
The effective term of this Agreement shall be from July 10, 2019, through July 9, 2024, subject to
the Programming Partner's performance ("Effective Term").
B. TERMS OF RENEWAL
This Agreement may be renewed for a maximum of two (2) successive five (5)-year terms upon
written authorization from, and at the sole discretion of, the City, along with an acknowledgment
from the Programming Partner. In determining whether to renew this Agreement, the City, in its
sole discretion and in accordance with Miami City Commission authorization, will consider, but
is not limited to, the following factors:
1. Programming Partner meeting the performance requirements specified in this
Agreement.
2. Continued demonstrated and documented need for the programming funded.
3. Program performance, fiscal performance, and compliance by the Programming
Partner that is deemed satisfactory in the City's sole discretion.
4. If applicable, the City in its sole discretion will initiate re -negotiation of this Agreement
before the agreement term expires.
5. The Programming Partner's performance under any other agreement with the City.
Before the City may contemplate whether it will renew this Agreement, the Programming Partner
must first submit updated documents for the City's approval. The aforementioned updated
documents are: scope of services, budget, copy of subcontracts (if applicable), floorplan/use of
space/schedule of activities, proof of fidelity bond insurance (if applicable), proof of worker's
compensation insurance (if applicable), proof of comprehensive general liability insurance, proof
of automobile liability insurance (if applicable), proof of professional liability insurance (if
applicable), proof of property coverage (if applicable), proof of tax status, proof of staff level 2
background screenings (for staff listed in the budget, and for all persons interacting with children,
the elderly, or persons with disabilities), affidavit of level 2 background screenings, a summary of
the work completed in the previous year, and any/all other documents that the City deems
necessary. The City agrees to not unreasonably delay renewal.
C. SCOPE OF SERVICES
1. The Programming Partner agrees to render programming, at D.A. Dorsey Memorial
Library Building located at 100 NW 17th Street, Miami, FL 33136 ("Park") in
accordance with the Scope of Services, as set forth in Attachment A, hereafter
"Services" or "Programming," to this Agreement. The Programming Partner shall
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implement the Programming in a manner deemed satisfactory to the City and in
conformity with City Commission Resolution No. R-19-0262, adopted on July 11,
2019, as set forth in Attachment H, which is attached hereto and is incorporated herein.
Any modification to the Programming shall not be effective until approved, in writing,
by the City and the Programming Partner.
2. The Programming activities and performance measures, as well as complete and
accurate data and Programming information will be used in the evaluation of the
Programming Partner's overall performance.
3. The Parties agree and acknowledge that Programming Partner shall not cause or take
part in any activities that are outside the Scope of Services, as described in Attachment
A, without prior written authorization from the Director of the Department of Parks
and Recreation and without proper permits.
D. TOTAL FUNDING
1. City Funding. Subject to the availability of funds, and budgetary approval, the maximum
annual amount payable from Programming Partner to the City rendered under this Agreement shall
not exceed $12.00. The Programming Partner agrees to adhere to Attachment B of this Agreement,
which is attached hereto and incorporated herein: Other Fiscal Requirements, Budget and Method
of Payment. The Parties acknowledge that Attachment I, if applicable, whose terms are
incorporated herein in their entirety, has been implemented and that the criteria found therein has
been completed, and therefore the Programming Partner has been compensated in accordance with
Attachment I, which is attached hereto and is incorporated herein for the services rendered during
the Effective Term of this Agreement.
2. Programming Partner Fees and Charges. In the event the Programming Partner charges .its
program participants fees for its services provided in accordance with this Agreement, such fees
shall not exceed the amounts set forth in the attached Attachment K unless otherwise approved by
the City.
E. FISCAL AND FACILITY MANAGEMENT
1. No Funding From City
The City is not providing any funding to the Programming Partner under this
Agreement. Accordingly, notwithstanding anything contained herein to the contrary,
the provisions of Section E and any other provisions of this Agreement that impose any
obligations on the Programming Partner in connection with or as a result of, or any
other provisions which otherwise relate to, the payment of funds by the City to the
Programming Partner shall not apply to the Programming Partner.
2. Facility Maintenance Costs
The City shall be responsible for all costs and expenses of the Park used by the
Programming Partner in connection with providing the Programming, including, but
not limited to, electricity, water, cooling and heating, telecommunications, internet,
sewage, reasonable wear and tear of the facilities, waste collection, and routine
janitorial services. The City, at its sole cost and expense, shall maintain the Park and
its facilities used by the Programming Partner in connection with providing the
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Programming in good working order. Notwithstanding anything contained herein to the
contrary, Programming Partner shall (i) use disinfectant solution to clean/wipe high -
touch areas, as designated by the City in writing, in the portions of the Park utilized by
Programming Partner, on a daily basis, (ii) clean up after itself after conducting
Programming so that the portions of the Park utilized by Programming Partner are in
as -good or better condition than when Programming Partner began its Services on that
day, and (iii) bag the garbage in the portions of the Park that Programming Partner has
utilized and place said bagged garbage in an area designated by the City in writing, on
a daily basis.
3. Assignments and Subcontracts
The Programming Partner shall not assign this Agreement to another party. The
Programming Partner shall not subcontract any Programming under this Agreement
without written prior approval from the City. In any subcontract, the Programming
Partner shall incorporate appropriate language from this Agreement into each
subcontract and shall require each subcontractor providing Programming to be
governed by the terms and conditions of this Agreement. The Programming Partner
shall submit to the City a copy of each subcontract to this Agreement within thirty (30)
days of the subcontract's execution. All subcontractors are subject to monitoring by
the Programming Partner and/or the City, in the same manner as the Programming
Partner under the terms of this Agreement. The Programming Partner acknowledges
and agrees that the City and any subcontractor to this Agreement have authority to
communicate and exchange information about any agreement, program, and/or fiscal
issues. The Programming Partner waives any and all claims, demands, and/or legal
action based upon any such communications
The Programming Partner shall be responsible for all Programming performed, and all
expenses incurred, under this Agreement, including Programming provided and
expenses incurred by any and all subcontractors. The City shall not be liable to any
subcontractor for any reimbursable expenses or liabilities incurred under any
subcontract. The Programming Partner shall be solely liable for any expenses or
liabilities incurred under any subcontract. The Programming Partner agrees to hold
harmless, indemnify, and defend, at the Programming Partner's expense, the City
against any claims, demands or actions related to any subcontract.
The Programming Partner and any subcontractor must be currently qualified to conduct
business in the State of Florida and must have the required licenses and permits
required to do business in the City at the time that a subcontractor agreement is entered
into and Programming is rendered.
4. Compliance
The Programming Partner agrees to maintain and ensure its compliance, as applicable,
with federal, state, county, and local laws. This includes, but is not limited to,
maintaining an active status in good standing as a Florida Not -For -Profit Corporation,
adherence to IRS rules and regulations requiring timely filing of tax documents to
maintain tax-exempt status, as well as IRS rules and regulations, and other grant funded
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ongoing compliance requirements, pertaining to the use of City parks and recreation
facilities.
The Programming Partner understands and agrees that the real property, facilities,
and/or improvements thereon at the Park that are being used for the Program have been
or may have been constructed, improved, and/or acquired through funding from tax-
exempt bonds and other restricted funds. Accordingly, the Programming Partner
understands and agrees that its uses of the Park are limited to the Program for public
services and that the Programming Partner will not undertake or allow its
subcontractors to undertake any private uses of the Park for their own private purposes.
Failure to comply with this compliance requirement shall result in termination of this
Agreement by the City.
F. INDEMNIFICATION BY PROGRAMMING PARTNER
The Programming Partner agrees to indemnify, hold/ save harmless, release, and defend at its own
costs and expense, the City, its officials, and employees from claims (collectively referred to as
"Indemnitees") and each of them from and against all loss, costs, penalties, fines, damages, claims,
expenses, or liabilities (collectively referred to as "Liabilities") by reason of any injury to or death
of any person or damage to or destruction or loss of any property arising out of, resulting from, or
in connection with (i) the negligent performance or non-performance, of the Services contemplated
by this Agreement (whether active or passive), of the Programming Partner or its employees or
subcontractors (collectively referred to as "the Programming Partner") which is directly caused, in
whole or in part, by any act, omission, default or negligence (whether active or passive or in strict
liability) of the Programming Partner, or any of them, or (ii) the failure of the Programming Partner
to comply materially with any of the requirements herein, or (iii) the failure of the Programming
Partner to conform to statutes, ordinances, or other regulations or requirements of any
governmental authority, local, federal or state, in connection with the performance of this
Agreement even if it is alleged that the City, its officials and/or employees were negligent. The
Programming Partner expressly agrees to indemnify, hold/ save harmless, release, and defend at
its own costs and expense, the Indemnitees, or any of them, from and against all liabilities which
may be asserted by an employee or former employee of the Programming Partner, or any of its
subcontractors, as provided above, for which the Programming Partner's liability to such employee
or former employee would otherwise be limited to payments under state Workers' Compensation
or similar laws. The Programming Partner further agrees to indemnify, hold/ save harmless,
release, and defend at its own costs and expense, the Indemnitees from and against (i) any and all
Liabilities imposed on account of the violation of any law, ordinance, order, rule, regulation,
condition, or requirement, related directly to the Programming Partner's negligent performance
under this Agreement, compliance with which is left by this Agreement to the Programming
Partner, and (ii) any and all claims, and/or suits for labor and materials furnished by the
Programming Partner or utilized in the performance of this Agreement or otherwise.
The Programming Partner's obligations to indemnify, hold/ save harmless, release, and defend at
its own costs and expense, the Indemnitees shall survive the termination/expiration of this
Agreement.
The Programming Partner understands and agrees that any and all liabilities regarding the use of
any subcontractor for Services related to this Agreement shall be borne solely by the Programming
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Partner throughout the duration of this Agreement and that this provision shall survive the
termination or expiration of this Agreement, as applicable.
G. COPYRIGHTS AND RIGHT TO DATA/MATERIALS
Where activities supported by this Agreement produce original writing, data, sound recordings,
pictorial reproductions, drawings or other graphic representations and works of similar nature, the
City has a license to reasonably use, duplicate and disclose such materials in whole or in part in a
manner consistent with the purposes and terms of this Agreement, and to have others acting on
behalf of the City to do so, provided that such use does not compromise the validity of any
copyright, trademark or patent. If the data/materials so developed are subject to copyright,
trademark or patent, legal title and every right, interest, claim or demand of any kind in and to any
patent, trademark or copyright, or application for the same, will vest in the Programming Partner
or with any applicable third party who has licensed or otherwise permitted the Programming
Partner to use the same. The Programming Partner agrees to allow the City and others acting on
behalf of the City to have reasonable use of the same consistent with the purposes and terms of
this Agreement, at no cost to the City, provided that such use does not compromise the validity of
such copyright, trademark or patent.
H. OWNERSHIP AND LICENSING OF INTELLECTUAL PROPERTY
This Agreement is subject to the provisions, limitations and exceptions of Chapter 119, Florida
Statutes, regarding public records. Accordingly, to the extent permitted by Chapter 119, Florida
Statutes, the Programming Partner retains sole ownership of intellectual property developed under
this Agreement. The Programming Partner is responsible for payment of required licensing fees
if intellectual property owned by other parties is incorporated by the Programming Partner into the
services required under this Agreement. Such licensing should be in the exclusive name of the
Programming Partner. Payment for any licensing fees or costs arising from the use of others'
intellectual property shall be at the sole expense of the Programming Partner.
The Programming Partner agrees to indemnify, hold/ save harmless, release, and defend the City
from liability of any nature or kind, including costs and expenses for or on account of third party
allegations that use of any intellectual property owned by the third party and provided,
manufactured or used by the Programming Partner in the performance of this Agreement violates
the intellectual property rights of that third party.
BREACH OF CONTRACT AND REMEDIES
1. Breach
A material breach by the Programming Partner shall have occurred under this
Agreement if the Programming Partner through action or omission causes any of the
following:
a. Fails to comply with Background Screening, as required under this Agreement;
b. Fails to provide the Programming outlined in the Scope of Services (Attachment
A) within the Effective Term of this Agreement;
c. Fails to correct an imminent safety concern or take acceptable corrective action;
d. Does not furnish and maintain the certificates of insurance required by this
Agreement or as determined by the City;
e. Does not meet or satisfy the conditions of award required by this Agreement;
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P.
f. Does not submit or submits incomplete or incorrect required reports pursuant to the
Scope of Services (Attachment A), as well as elsewhere in this Agreement;
g. Refuses to allow the City access to records or refuses to allow the City to monitor,
evaluate and review the Programming Partner's program on site;
h. Fails to comply with incident reporting requirements as described herein;
i. Attempts to meet its obligations under this Agreement through fraud,
misrepresentation or material misstatement;
j. Fails to correct deficiencies found during' a monitoring, evaluation or review within
a specified reasonable time;
k. Fails to meet the terms and conditions of any obligation or repayment schedule to
the City or any of its agencies;
1. Fails to maintain the confidentiality of participant files, pursuant to Florida and
federal laws;
m. Fails to fulfill in a timely and proper manner any and all of its obligations,
covenants, contracts and stipulations in this Agreement; and
n. Fails to allow audit of its operations or inspection of its program locations funded
by the City. Sections 18-100 to 18-102 of the City Code dealing with Audits and
Inspections are deemed as being incorporated by reference herein and apply to this
Agreement as Supplemental Terms.
o. Failure to submit a detailed quarterly written schedule of any and all activities that
the Programming Partner will provide in the Park to the Director of the City's
Department of Parks and Recreation prior to said activities occurring, but solely to
the extent that such activities or schedule are materially different from those
contemplated on Attachment A or Attachment E, as applicable.
Failure to bag garbage and place it in the designated area daily, clean up after itself
after Programming daily, and wipe down high -touch points daily, as described in
Section E above.
Waiver of breach of any provisions of this Agreement shall not be deemed to be a waiver
of any other breach and shall not be construed to be a modification of the terms of this
Agreement. Programming Partner agrees to report to City of a breach in writing
immediately after Programming Partner learns of said breach.
2. Remedies
If the Programming Partner fails to cure any breach of this Agreement within thirty
(30) days after receiving written notice from the City identifying the breach, the City
may pursue any or all of the following remedies:
a. The City may, at its sole discretion, enter into a written performance improvement
plan with the Programming Partner to cure any breach of this Agreement as may
be permissible under state or federal law. Any such remedial plan shall be an
addition to this Agreement and shall not affect or render void or voidable any other
provision contained in this Agreement, costs, or any judgments entered by a court
of appropriate jurisdiction.
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b. The City may terminate this Agreement by giving written notice to the
Programming Partner of such termination and specifying the date of termination at
least five (5) business days before the effective date of termination. In the event of
such termination, the City may (a) request the Programming Partner to deliver to
the City clear and legible copies of all finished or unfinished documents, studies,
surveys, reports prepared and secured by the Programming Partner within the Park
subject to the rights of the Programming Partner as provided for herein; (b)
terminate or cancel, without cause, any other agreements entered into between the
City and the Programming Partner by providing separate written notices to the
Programming Partner of each such termination and specifying the effective date of
termination, which must be at least five (5) business days before the effective date
of such termination, in which event the City shall continue to review and pay
verifiable requests for payment as provided for in such other agreements for
services that were performed and/or for deliverables that were substantially
completed prior to the effective date of such termination. The Programming Partner
shall be responsible for their direct and indirect costs associated with such
termination, including their own attorney's fees. Prior to the effective date of
termination, the Programming Partner shall promptly cease using the City's logo,
seal and/or any other reference to the City in connection with such Services, and
shall promptly return, to the City, such logos, seals, and other items provided by
the City.
c. The City may seek enforcement of this Agreement including but not limited to
filing an action with a court of appropriate jurisdiction. In the event litigation,
arbitration, or mediation, between the parties hereto, arises out of the terms of this
Agreement, each party shall be responsible for its own attorney's fees, costs,
charges, and expenses through the conclusion of all appellate proceedings, and
including any final settlement or judgment.
d. The provisions of this Section I shall survive the expiration or termination of this
Agreement.
J. TERMINATION
The Parties retain the right to terminate this Agreement and any renewal/extension hereof at any
time prior to the completion of the Services required under this Agreement and/or under any
renewal/extension hereof, at -will and without penalty to either Party, in each case, upon thirty (30)
days' prior written notice to the non -terminating Party. In that event, the terminating Party shall
give written notice of termination to the non -terminating Party, as set forth in Section N above.
K. INSURANCE REQUIREMENTS
Prior to, or on the execution date of this Agreement, the Programming Partner shall provide the
City's Risk Management Department original Certificates of Insurance in accordance to
Attachment F, which is attached hereto and is incorporated herein. Failure by the Programing
Partner to comply with Section K and Attachment F of this Agreement shall be a material breach
of this Agreement. The City will not permit Programming Partner to utilize the Park until all
required Certificates of Insurance have been provided to and have been approved by the City.
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1. Certificate Holder
Certificate holder must read:
The City of Miami, Florida
c/o Risk Management Department
444 S.W. 2nd Avenue, 9th Floor
Miami, Florida 33130
And
Florida Film House International, Inc.
c/o Marco Molinet, President & Executive Director
100 NW 17th St
Miami, FL 33136
2. Classification and Rating
All insurance policies required above shall be issued by companies authorized to do
business under the laws of the State of Florida, with the following qualifications:
The company must be rated no less than "A-" as to management, and no less than
"Class V" as the financial strength, by the latest edition of Best's Insurance Guide,
published by A.M. Best Company, Oldwick, New Jersey, or its equivalent, subject to
the reasonable approval of the City.
The Programming Partner and/or the Programming Partner's insurance agent, as
applicable, shall notify the City, in writing, of any material changes in insurance
coverage, including, but not limited, to any renewals of existing insurance policies, not
later than thirty (30) days prior to the effective date of making any material changes to
the insurance coverage except for ten (10) days for lack of payment changes. The
Programming Partner shall be responsible for ensuring that all applicable insurances
are maintained and submitted to the City for the duration of this Agreement.
In the event of any change in the Programming Partner's Scope of Services
(Attachment A), the City may increase, waive or modify, in writing any of the
foregoing insurance requirements. Any request by the Programming Partner to
decrease, waive or modify any of the foregoing insurance requirements shall be
approved, in writing, by the City to any such decrease, waiver or modification.
In the event that an insurance policy is canceled, lapsed or expired during the effective
period of this Agreement, the City shall not permit the Programming Partner to utilize
the Park until a new Certificate of Insurance required under this Section is submitted
and approved by the City. The new insurance policy shall cover the time period
commencing from the date of cancellation of the prior insurance policy.
The City may require the Programming Partner to furnish additional and different
insurance coverage, or both, as may be required from time to time under applicable
federal or state laws or the City requirements. Provision of insurance by the
Programming Partner, in no instance, shall be deemed to be a release, limitation, or
waiver of any claim, cause of action or assessment that the City may have against the
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Programming Partner for any liability of any nature related to performance under this
Agreement or otherwise.
All insurance required hereunder may be maintained by the Programming Partner
pursuant to a master or blanket policy or policies of insurance.
L. PROOF OF TAX STATUS
The Programming Partner is required to keep on file the following documentation for review by
the City:
1. The Internal Revenue Service (IRS) tax status determination letter, if applicable;
2. The most recent (two years) IRS form 990 or applicable tax return filing within six (6)
months after the Programming Partner's fiscal year end or other appropriate filing
period permitted by law;
3. IRS form 941: employer's quarterly federal tax return. If required by the City, the
Programming Partner agrees to submit form 941 within thirty (30) calendar days after
the quarter ends and if applicable, any state and federal unemployment tax filings. If
form 941 and unemployment tax filings reflect a tax liability, then proof of payment
must be submitted within sixty (60) calendar days after the quarter ends; and
4. Programing Partner's Articles of Incorporation, Charter and Bylaws, and amendments
thereto, if any, certified by the Programming Partner's Secretary to be current, complete
. and correct.
5. Corporate Resolution from Programming Partner which authorizes the signatory to sign
this agreement thereby binding the Programming Partner to this Agreement, as set forth
in Attachment G, which is attached hereto and is incorporated herein.
M. FEDERAL TAX MATTERS RELATING TO TAX-EXEMPT FINANCING
The Programming Partner acknowledges that it is advised by the City that property of the City
used under this Agreement may have been financed with tax-exempt bonds issued for the benefit
of the City. Accordingly, it is the intent of the Programming Partner and the City that this
Agreement be interpreted in a manner that meets an exception from "private business use" under
Section 141 of the Internal Revenue Code, and specifically meets a safe harbor from private
business use under Internal Revenue Service Rev. Proc. 2017-13.
In accordance therewith, the City represents that the term of this Agreement is not greater than the
lesser of 30 years or 80% of the economic life of the property under this Agreement which may
have been fmanced with tax-exempt bonds.
Notwithstanding any provision of this Agreement to the contrary, the City shall at all times exercise
ultimate control over the assets and operations of the City and shall retain the ultimate authority
and responsibility regarding the powers, duties, and responsibilities vested in the City by law and
regulations. Subject to the foregoing, the City hereby grants to the Programming Partner the
authority to conduct its Services set forth in Schedule A hereto and to perform the specific
functions set out herein in accordance with policies adopted and directions given by the City. The
City shall exercise a significant degree of control over the use of the Park by the Programming
Partner, all as more specifically set forth in Rev. Proc. 2017-13.
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The City and the Programming Partner understand that from this Agreement (1) the Programming
Partner is receiving reasonable compensation from the City for its Services hereunder, as described
in Paragraph A.1. hereunder, with no compensation based upon the net profits or losses, (2) the
Programming Partner will receive reasonable compensation from participants for the Services
based on the fee schedule provided in Attachment K, with no compensation based on net profits
or losses, and (3) the Programming Partner does not have any role or relationship with the City
that substantially limits the City's ability to exercise its rights under this Agreement.
The Programming Partner agrees that it is not entitled to and will not take any tax position that is
inconsistent with being a service provider to the City with respect to the property provided by the
City that is managed or otherwise used under this Agreement. For example, the Programming
Partner agrees not to claim any depreciation or amortization deduction, investment tax credit, or
deduction for any payment as rent with respect to the property provided by the City that is managed
or otherwise used under this Agreement. The Programming Partner specifically acknowledges
and agrees that this Agreement is not a lease, and provides for no rights of any kind to the
Programming Partner as a lessee.
N. NOTICES
All notices or other communication which shall or may be given pursuant to this Agreement shall
be in writing, and shall be delivered by personal service or by registered mail to the other Party at
the addresses indicated below. Such notice shall be deemed given on the day on which personally
served or, if by registered mail, on the fifth (5) day after mailing or the date of actual receipt,
whichever is earlier. It is each Party's responsibility to advise the other Party in writing of any
changes in mailing address or personnel responsible for accepting Notices under this Agreement.
CITY OF MIAMI
City Manager
City of Miami
3500 Pan American Drive
Miami, Florida 33132
With copies to:
Director of Parks and Recreation
City of Miami
444 SW 2nd Avenue, 8th Floor
Miami, Florida 33130
City Attorney
City of Miami
444 SW 2nd Avenue, Suite 945
Miami, Florida 33130
O. AUTONOMY
PROGRAMMING PARTNER
Florida Film House International, Inc.
Marco Molinet, President & Executive Director
570 NW 26th Street
Miami, FL 33127
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The Parties agree that the Programming Partner and its employees, agents, servants, partners,
principals and subcontractors are independent contractors, and not agents or employees of the City.
They shall not attain any rights, status or benefits under the Civil Service or Pension Ordinances
of the City, or any rights, status or benefits generally afforded classified or unclassified employees,
temporary or permanent, by virtue of this Agreement. Further, the Programming Partner and its
employees, agents, servants, partners, principals and subcontractors shall not be entitled to any of
the Florida Worker's Compensation benefits, healthcare benefits, or Unemployment
Compensation benefits, available to employees of the City. In the event this Agreement is
terminated, with or without cause, neither the Programming Partner nor its employees, agents,
servants, partners, principals and subcontractors shall have recourse to any City grievance or
disciplinary procedures. Access to, and use of, City Parks and Recreation facilities does not alter
the status of the Programming Partner and its employees, agents, servants, partners, principals and
subcontractors as independent contractors.
P. RECORDS, REPORTS, AUDITS AND MONITORING
The provisions of this Section shall survive the expiration or termination of this Agreement,
consistent with Florida laws.
1. Accounting Records
The Programming Partner shall keep accounting records that conform to generally
accepted accounting principles (GAAP). All such records will be retained by the
Programming Partner for not less than three (3) years beyond the last date that all
applicable terms of this Agreement have been complied with, and program specific
audits have been completed by the City. However, if any audit, claim, litigation,
negotiation or other action involving this Agreement or modification hereto has
commenced before the expiration of the retention period, then the records shall be
retained until completion of the action and resolution of all issues which arise from it,
or until the end of the regular retention period, whichever is later.
2. Program Specific Audit
City reserves the right to audit the records of the Programming Partner at any time
during the performance of the Agreement, and for a period not less than three (3) years
beyond the last date that all applicable terms of this Agreement have been complied
with, and final payment has been received. The Programming Partner agrees to provide
to the City all financial and other applicable records and documentation relevant to the
Programming provided pursuant to this Agreement.
3. Access to Records
The Programming Partner shall permit access to all records including subcontractor
records, which relate to this Agreement at its place of business during regular business
hours. The Programming Partner agrees to deliver such assistance as may be necessary
to facilitate a review or audit by the City to ensure compliance with the terms of this
Agreement. The City reserves the right to require the Programming Partner to submit
to an audit by an auditor of the City's choosing and at the City's expense.
4. Monitoring
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The Programming Partner agrees to permit the City's personnel or contracted agents to
perform random scheduled and/or unscheduled monitoring, reviews and evaluations of
the Programming which is the subject of this Agreement, including any subcontracts
under this Agreement. The City shall monitor both administrative and programmatic
compliance with all the terms and conditions of the Agreement. The Programming
Partner shall permit the City to conduct site visits, participant interviews, participant
assessment surveys, fiscal/administrative review and other assessments deemed
reasonably necessary at the City's sole discretion to fulfill the monitoring function. A
report of monitoring findings will be delivered to Programming Partner and the
Programming Partner will remedy all deficiencies cited within the period of time
specified in the report.
5. Participant Records
The Programming Partner shall maintain a separate file for each program participant.
This file shall include all pertinent information regarding program enrollment and
participation. At a minimum, the file will contain enrollment information (including
parent registration consents and child demographics), and notes documenting referrals,
special needs, or incident reports. These files shall be subject to the monitoring/review
and inspection requirements under this Agreement, subject to applicable confidentiality
requirements. All such records will be retained by the Programming Partner for not
less than three (3) calendar years after the program participant is no longer enrolled.
The Programming Partner agrees to comply with all applicable state and federal laws
on privacy and confidentiality.
6. Internal Documentation/Records Retention
Programing Partner agrees to maintain and provide for inspection to the City, during
regular business hours the following as may be applicable: (1) personnel files of
employees which include hiring records, background screening affidavits, job
descriptions, verification of education and evaluation procedures; (2) authorized time
sheets, records and attendance sheets to document the staff time billed to provide
Programming pursuant to this Agreement; (3) program participant consent and
information release forms; (4) City policies and procedures; and (5) such other
information related to Programming as described in Attachment A or as required by
this Agreement. The Programming Partner shall retain all records for not less than
three (3) years beyond the last date that all applicable terms of this Agreement have
been complied with and final payment has been received, and program specific audits
have been completed by the City.
Programming Partner agrees to submit a detailed monthly written schedule of any and
all activities that the Programming Partner will provide in the Park to the Director of
the City's Department of Parks and Recreation Preliminary prior to said activities
occurring. The aforementioned detailed monthly written schedule must include the
specific dates, the specific times, the specific locations in the Park, and a description of
the specific activities. Additionally, Programming Partner agrees to provide a schedule
of Services that covers the Effective Term, in a form acceptable to the Director of the
City's Department of Parks and Recreation, attached hereto and incorporated herein in
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Attachment E ("Preliminary Proposed Schedule of Services"), which is attached hereto
and is incorporated herein.
7. Public Records
Programming Partner understands that the public shall have access, at all reasonable
times, to all documents and information pertaining to the City, subject to the provisions
of Chapter 119, Florida Statutes, and any specific exemptions there from, and
Programming Partner agrees to allow access by the City and the public to all documents
subject to disclosure under applicable law unless there is a specific exemption from
such access. Programming Partner's failure or refusal to comply with the provisions
of this Section shall result in immediate termination of the Agreement by the City.
Pursuant to the provisions of Chapter 119.0701, Florida Statutes, Programming Partner
must comply with the Florida Public Records Laws, specifically Programming Partner
must:
1. Keep and maintain public records that ordinarily and necessarily would be required
by the City in order to perform the service/Programming.
2. Provide the public with access to public records on the same terms and conditions
that the City would provide the records and at a cost that does not exceed the cost
provided in Chapter 119 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.
4. Meet all requirements for retaining public records and transfer, at no cost to the
City, all public records in possession of the Programming Partner upon termination of
this Agreement and destroy any duplicate public records that are exempt or confidential
and exempt from public records disclosure requirements.
5. All records stored electronically must be provided to the City in a format
compatible with the information technology systems of the City.
Programming Partner agrees that any of the obligations in this Section will survive the
term, termination, and cancellation hereof.
IF PROGRAMMING PARTNER HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO PROGRAMMING
PARTNER'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS
AGREEMENT AS A PUBLIC CONTRACT, PLEASE CONTACT THE CITY'S
CUSTODIAN OF PUBLIC RECORDS AT TELEPHONE NUMBER 305-416-1800,
EMAIL: PUBLICRECORDS(DMIAMIGOV.COM, AND MAILING ADDRESS:
PUBLIC RECORDS C/O OFFICE OF THE CITY ATTORNEY, 9TH FLOOR,
MIAMI RIVERSIDE CENTER, 444 S.W. 2ND AVENUE, MIAMI, FLORIDA 33130
OR THE CITY'S PARKS AND RECREATION DEPARTMENT CUSTODIAN OF
RECORDS AT 8TH FLOOR, MIAMI RIVERSIDE CENTER, 444 S.W. 2ND
AVENUE, MIAMI, FLORIDA 33130.
Q. MODIFICATIONS
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Any amendments, alterations, variations, modifications, extensions or waivers to this Agreement
including, but not limited to, amount payable and Effective Term shall only be valid when they
have been reduced to writing, duly approved and signed by both Parties. Except for changes to
the total amount payable and changes to the length of the effective term, the City Manager is
authorized pursuant to City Commission Resolution No. R-17-0153, adopted on March 23, 2017,
to negotiate and execute all necessary amendments, extensions, renewals or modifications of this
Agreement. Any changes to this Agreement to modify the total amount payable and/or to change
the length of the Effective Term shall require further City Commission approval(s).
R. GOVERNING LAW & VENUE
This Agreement shall be interpreted and construed in accordance with and governed by the laws
of the State of Florida. Any controversies or legal problems arising out of the terms of this
Agreement and any action involving the enforcement or interpretation of any rights hereunder shall
be submitted to the jurisdiction of the state courts of the Eleventh Judicial Circuit, in and for,
Miami -Dade County, Florida. The Parties agree to irrevocably waive any rights to a jury trial.
S. STAFF AND VOLUNTEER BACKGROUND CHECK REQUIREMENTS
All employees, agents, servants, partners, principals and subcontractors of the Programming
Partner who work in direct contact with children, the elderly, or individuals with disabilities or
who may come into direct contact with children, the elderly, or individuals with disabilities at the
City Parks and Recreation facility listed in Scope of Services (Attachment A) must complete a
Level 2 background screening that complies with its requirements prior to commencing work
pursuant to this Agreement. This requirement also applies to all volunteers who provide services
to children, the elderly, or individuals with disabilities regardless of the number of volunteer hours
they provide. Occasional or transient repair or maintenance persons who appear on the site should
be escorted to their work areas and then supervised during the time they are present to conduct
their work.
Level 2 Background screenings must be completed through the Florida Department of Law
Enforcement (FDLE) VECHS (Volunteer & Employee Criminal History System) Program.
Satisfactory background screening documentation will be accepted from those entities that already
conduct business with the Department of Children and Families (DCF), the Department of Juvenile
Justice (DJJ), Department of Elder Affairs (DOEA) or the Miami Dade County Public School
System (MDCPS). A clearance letter from the MDCPS Office of Professional Standards
indicating the person has successfully completed a Level 2 screening will be accepted. If
background screenings are completed with VECHS, then the Programming Partner shall complete
Attachment D "Affidavit of Level 2 Background Screenings," which is attached hereto and is
incorporated herein, for each Agreement term.
The Programming Partner shall re -screen each employee, agent, servant, partner, principal and
subcontractor every five (5) years. All Programming Partners are required to review annually, at
minimum, The Dru Sjodin National Sex Offender Public Website.
T. PERSONS WITH DISABILITIES AND THEIR FAMILIES
The Programming Partner understands that the City expects the Programming Partner to meet the
federal standards under the Americans with Disabilities Act. By policy of the City, the
Programming Partner's must also implement reasonable programmatic accommodations to
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include persons with disabilities and their families, whenever possible. Notwithstanding anything
to the contrary, the Programming Partner shall not be required to make any alteration to any City
park or recreation facility or other building or structure which is not owned by the Programming
Partner.
U. REGULATORY COMPLIANCE
1. Non -Discrimination and Civil Rights
The Programming Partner shall not discriminate against an employee, volunteer, agent,
servant, partner, principal, subcontractor or participant of the Programming Partner on
the basis of race, color, gender, pregnancy, marital status, familial status, sexual
orientation, religion, ancestry, national origin, disability, or age, except that programs
may target services for specific target groups, as may be defined in the competitive
solicitation, if applicable, or the Scope of Services (Attachment A).
The Programming Partner shall demonstrate that it has standards, policies, and
practices necessary to render programming in a manner that respects the worth of the
individual and protects and preserves the dignity of people of diverse cultures, classes,
races, religions, sexual orientation, ages, and ethnic backgrounds.
The Programming Partner agrees to abide by Chapter 11A of the Code of Miami -Dade
County ("County Code"), as amended, which prohibits discrimination in employment,
housing and public accommodations; Title VII of the Civil Rights Act of 1968, as
amended, which prohibits discrimination in employment and public accommodation;
the Age Discrimination Act of 1975, 42 U.S.C. Section 6101, as amended, which
prohibits discrimination in employment because of age; Section 504 of the
Rehabilitation Act of 1973, 29 U.S.C. § 794, as amended, which prohibits
discrimination on the basis of disability; and the Americans with Disabilities Act, 42
U.S.C. §12101 et seq., which prohibits discrimination in employment and public
accommodations because of disability.
It is expressly understood that upon receipt of evidence of discrimination under any of
these laws, the City shall have the right to terminate all or any portion of this
Agreement. If the Programming Partner or any owner, subsidiary, or other firm
affiliated with or related to the Programming Partner, is found by the responsible
enforcement agency or the courts to be in violation of these laws, said violation will be
a material breach of this Agreement and the City will conduct no further business with
the Programming Partner.
2. Conflict of Interest
The Programming Partner represents that the execution of this Agreement does not
violate the City's Conflict of Interest Code, Miami Dade County's Conflict of Interest
and Code of Ethics Ordinance, and Florida Statutes § 112 as amended, which are
incorporated herein by reference as if fully set forth herein. The Programming Partner
agrees to abide by and be governed by these conflict of interest provisions throughout
the course of this Agreement and in connection with its obligations hereunder.
3. Licensing
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The Programming Partner (and subcontractor, as applicable,) shall obtain and maintain
in full force and effect during the term of this Agreement any and all licenses,
certifications, approvals, insurances, permits and accreditations, required by the City,
Miami -Dade County, State of Florida, or the Federal Government. The Programming
Partner must be qualified and registered to do business in the State of Florida both prior
to and during the Agreement term with the City.
4. Incident Reporting
An incident is defined as any actual or alleged event or situation that creates a
significant risk of substantial or serious harm to the physical or mental health, safety or
well-being of a program participant. Reportable incidents include, but are not limited
to, allegations of abuse, neglect or exploitation of a child, aged person or individual
with a disability, injury of a program participant, loss of property used for the program,
or destruction of property used in the program.
The Programming Partner shall immediately report knowledge or reasonable suspicion
of abuse, neglect, or abandonment of a child, aged person, or individual with a
disability to the Florida Abuse Hotline on the statewide toll -free telephone number (1-
800-96-ABUSE). As required by Chapters 39 and 415, Florida Statutes, this is binding
upon both the Programming Partner and its employees, agents, servants, partners,
principals and subcontractors.
The Programming Partner shall notify the City of any incident as defined within three
(3) days after the Programming Partner is informed of such incident. The Programming
Partner shall provide written notification of the incident together with a copy of an
incident report. The report must contain the following:
a. Name of reporter (person giving the notice);
b. Name and address of victim and guardian, if applicable;
c. Phone number where the reporter can be contacted;
d. Date, time, and location of incident; and
e. Complete description of incident and injuries, if any.
Police report and actions taken shall be submitted to the City within fifteen (15) days
of the incident. The Programming Partner shall provide written notification to the City,
within seven (7) days of any legal action related to the incident.
5. Sexual Harassment
The Programming Partner shall complete an incident report in the event a program
participant, employee, agent, servant, partner, principal or subcontractor makes an
allegation of sexual harassment, sexual misconduct or sexual assault by another
program participant, employee, agent, servant, partner, principal or subcontractor
arising out of the performance of this Agreement and the Programming Partner has
knowledge thereof. The Programming Partner shall provide written notification to the
City within three (3) business days after the Programming Partner is informed of such
an allegation. The Programming Partner shall provide written notification to the City,
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within seven (7) business days, if any legal action which is filed as a result of such an
alleged incident.
6. Proof of Policies
The Programming Partner and subcontractor, as applicable, shall keep on file copies of
its policies including but not limited to confidentiality, incident reporting, sexual
harassment, non-discrimination, equal opportunity and/or affirmative action,
Americans with Disabilities Act, and drug -free workplace.
V. CONSENT; COVID-19 NOTICES
The Programming Partner must obtain parental/legal guardian consent, in a form reasonably
acceptable to the City, for all minor participants in order for said minor participants to participate
in Programming.
The Programming Partner will ask Programming participants, or their parent or legal guardian, to
sign a voluntary Consent to Photograph form. The signed consent form for photography will be
maintained and filed in the Programming participant's record. The consent shall be part of the
Programming participants' registration form, and signed by the Programing participant or
parent/legal guardian, if applicable, before Services commence or assessments are administered.
Any refusal of consent must be properly documented and signed by the Programming participant
or parent/legal guardian, if applicable, on the consent form.
In an effort to afford the Programming Partner sufficient opportunity to coordinate the provision
of the Programming, to the extent practicable, the City shall provide the Programming Partner with
at least three (3) business days' prior written notice in the event the City of Miami determines or
is required (as a result of any applicable law or order) to (i) reopen the Park to the general public
or (ii) close the Park to the general public after the date of this Agreement, in either case, as a result
of the COVID-19 pandemic or any other pandemic. The Parties agree to abide by the terms of
Attachment J, attached hereto and incorporated herein.
W. PROGRAMMING REPORTING REQUIREMENTS
Commencing on October 1, 2021, the Programming Partner shall submit to the City both financial
and program reports. These reports shall describe the status of both the funds and Programming,
fee schedules, comparison of actual accomplishments to the objectives set forth in the Scope of
Services, which is attached hereto and incorporated herein as Attachment A, or other information
as required by the City. The specific requirements, reporting periods, and submission deadlines
are described in Attachment C to this Agreement, which is attached hereto and is incorporated
herein, Programming Reporting Requirements.
X. PUBLICITY
The Programming Partner agrees that activities, services and events funded by this Agreement
shall recognize the City as a funding source. All publicity, public relations, advertisements and
signs within the control of the Programming Partner must recognize the City for the support of all
contracted activities and be reviewed and approved by the City prior to release or distribution. No
press conference regarding the Programming being provided by the Programming Partner under
this Agreement shall be scheduled without the prior written consent of the City.
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The Programming Partner shall use its best efforts to ensure that all media representatives, when
inquiring with the Programming Partner about the activities funded by this Agreement, are
informed that the City is a funding source. The Programming Partner shall, if it possesses the
appropriate technology, provide a link between the website and the City's website.
Y. PUBLICATIONS
The Programming Partner agrees to supply the City, without charge, up to three copies of any
publication developed in connection with implementation of programs addressed by this
Agreement. Such publications will be reviewed and approved by the City prior to release or
distribution and state that the program is supported and funded by the City. The Programming
Partner agrees that the City will have use of copyrighted materials developed under this Agreement
to the extent provided in, and subject to, the provisions of Sections G and H above.
Z. HEADINGS, USE OF SINGULAR AND GENDER
Section headings are for convenience only and are not intended to expand or restrict the scope or
substance of the provisions of this Agreement. Wherever used herein, the singular shall include
the plural and plural shall include the singular, and pronouns shall be read as masculine, feminine
or neuter as the context requires.
AA. SUCCESSORS AND ASSIGNS
This Agreement shall be binding upon the Parties hereto, and their respective heirs, executors,
legal representatives, successors and assigns.
BB. CERTIFICATION
The Programming Partner certifies that it possesses the legal authority to enter into this Agreement
by way of resolution, motion or other similar action that has been duly adopted or passed, as an
official act of the Programming Partner's governing body, including all understandings and
assurances contained herein, and directing and authorizing the person(s) identified as the official
representatives(s) of the Programming Partner, to act in connection with the Agreement, and to
provide such additional information as may be required from time to time by the City.
CC. ENTIRE AGREEMENT
This instrument and its attachments as referenced below constitute the only Agreement of the
Parties hereto, relating to said Programming and correctly sets forth the rights, duties, and
obligations of each to the other, as of this date. No other Agreement, oral or otherwise, regarding
the subject matter of this Agreement shall be deemed to exist or bind the Parties. If any provision
of this Agreement is held invalid or void, the remainder of this Agreement shall not be affected
thereby if such remainder would then continue to conform to the terms and requirements of
applicable law.
DD. RESOLUTION OF AGREEMENT DISPUTES
Programming Partner understands and agrees that all disputes between Programming Partner and
the City based upon an alleged violation of the terms of this Agreement by the City shall be
submitted to the City Manager for his/her resolution, prior to Programming Partner being entitled
to seek judicial relief in connection therewith. In the event that the amount of compensation
hereunder exceeds Twenty -Five Thousand Dollars and No/Cents ($25,000), the City Manager's
decision shall be approved or disapproved by the City Commission. Programming Partner shall
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not be entitled to seek judicial relief unless: (i) it has first received City Manager's written decision,
approved by the City Commission if the amount of compensation hereunder exceeds Twenty -Five
Thousand Dollars and No/Cents ($25,000), or (ii) a period of sixty (60) days has expired, after
submitting to the City Manager a detailed statement of the dispute, accompanied by all supporting
documentation or ninety (90) days if City Manager's decision is subject to City Commission
approval, or (iii) City has waived compliance with the procedure set forth in this Section by written
instruments, signed by the City Manager.
EE. COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which so executed shall
be deemed to be an original, and such counterparts shall together constitute but one and the same
Agreement. The parties shall be entitled to sign and transmit an electronic signature of this
Agreement (whether by facsimile, PDF or other email transmission), which signature shall be
binding on the party whose name is contained therein. Any party providing an electronic signature
agrees to promptly execute and deliver to the other parties an original signed Agreement upon
request.
FF. NO JOINT VENTURE; NONTRANSFERABLE
This Agreement is nontransferable. This Agreement is intended to create, and creates, a
contractual relationship and is not intended to create, and does not create, any agency, partnership,
joint venture or any like relationship between the Parties hereto. "Programming Partner" is a term
that identifies the entity contracting with the City and does not imply the establishment of a
partnership under Federal, State, or local law.
GG. ATTACHMENTS
Attached hereto and incorporated herein are the following attachments:
Attachment
Attachment
Attachment
Attachment
Attachment
Attachment
Attachment
Attachment
Attachment
Attachment
Attachment
A: Scope of Services
B: Other Fiscal Requirements, Budget, and Method of Payment
C: Programming Reporting Requirements
D: Affidavit for Level 2 Background Screenings, if applicable
E: Preliminary Proposed Schedule of Services
F: Insurance Requirements
G: Corporate Resolution from Programming Partner
H: City Resolution No. R-19-0262, adopted on July 11, 2019
I: Service Authorization Letter, if applicable
J: COVID-19 Attachment
K: Schedule of Fees
[Remainder of page left intentionally blank. Next page is signature page.]
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CITY OF MIAMI, A Florida Municipal
Corporation
By:
J
Arthur riega V, City Manger
FLORIDA FILM HOUSE
INTERNATIONAL, INC., a Florida Not -For -
Profit Corporation
Bv:
Marco Molinet, President & Executive
Director
Date: 12 / 16 / 2021
Attest: Attest:
Todd Ha lerk
Approved as to Form and Correctness:
ictofia Mendez, C it
TMF MID 18-3483
Approved as to Insurance Requirements:
ez,GomFrank Digna0y fined ey Goat Frank
Date: 2022.03.02135631 05'00
By:
Ann -Marie Sharpe,
Dir. of Risk Management
Approved _ to •ry win Requirements
a .ara Hernandez
Director of Parks and Recreation
20
Bv:
Print Name:
Title:
Doc ID: 3d8f718f4dd387b10eec58b6110baa95c40958a4
ATTACHMENT A
SCOPE OF SERVICES
ida FiLni1 H�usesents
Take Youth FiLn Pr�gram
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ATTACHMENT A
SCOPE OF SERVICES
Florida Film House presents:
The ist Take Youth Film Program
1. Cover
2. Table of Contents
3. Mission
4. Project Description
5. Student Demographics
6. Hours of Operation
7. Use of Space
8. Budget
g. After School. & Holiday Programming
10. Online Schooling - Partnership with Touch of Miami with Love
11. Job Training
12. List of Staff
13. Contact Information
Doc ID: 3d8f718f4dd387b10eec58b6110baa95cA0958a4
Mission
Our mission is to enrich the young minds of our community by
providing them with hands-on training that centers around the
complete process of filmmaking. By targeting underserved local
communities, we can give our youth an opportunity to tell their stories
and show their talents. Our innovative program is set up to build skill
sets that expand beyond the classroom and into the workforce. The
skills, education, and guidance provided at 1st Take will prepare our
youth to have the skills needed to be successful in life. We aim to
develop relationships with local and state colleges to create scholarship
programs that will provide our students with the workforce and
knowledge in media art and the opportunity to continue their education
to achieve a college degree in film and entertainment.
The 1st Take Youth Film Program will serve as an interactive central
connection between arts, business, media, and entertainment. Students
will have the opportunity to attend workshops in film, editing,
cinematography, and photography. Select Teens that qualify for
on-the-job training can compete for paid and unpaid internships as well.
All interns will be under the direction of Project Coordinator and the
film professionals at Florida Film House(FFH). FFH has been helping the
youth find their voice for five years. With the help of our supporters, we
can continue to making a change in our future.
3T
TAKE
YOUTH PROGRAM
Doc ID: 3d8f718f4dd387b10eec58b6110baa95c40958a4
Project Description
11111111111111111111111111111111111111111111111
0
0
0
Education and College Readiness - The 1st Take Youth Film Program will
be administered as an after -school program Monday - Friday. ages 14-18
from 3-7PM. 1st Take Youth Film Program will be dedicated to teaching the
youth career and life skills through hands-on coaching that centers around
the complete process of filmmaking. Students will also be raising money in
escrow for content creation for college.
Employment Growth, Job Training, Job Placement, and Vocational
Training for adults and 2nd Chance opportunities- From the local
community into the film business. According to the labor market statistics
motion picture will have 11% more jobs in arts and film will increase by 9.5°%0
between 2019-2026. 1st Take Workshops in acting, writing, producing,
directing, producing and cinematography for adults evenings Monday -
Friday from 7-9PM. Helping to create and support the film market and
introduce the community to the film world.
Arts and Entertainment for the community Through premieres in the
community (Dorsey Library/Park) at least once per quarter. Open to invite
the community to enjoy the space and premier exclusive content created by
1st Take Youth Film Program students, Urban Film Festival Winners and the
best of local content. Also be able to highlight. promote and celebrate local
film makers at these quarterly screenings at Dorsey Library/Park.
0
Entrepreneurship and Leadership Skills -Students will use
entrepreneurship, leadership and team skills to develop content.
They will learn to write, produce, schedule, budget, create,
edit/finalize, market and sell their projects. These skills resonate
into any field of business. The money they raise from their
content will go into escrow for college or to help them build their
own business.
Economic Rejuvenation- Repurposing an inactive space
and making it a Diverse Event Space for the community to use
and enjoy, while promoting economic development. Space
will be available for the community to enjoy as needed.
History Preservation We will be able to archive, document
and showcase the history of Overtown and Miami. The
students will be creating documentaries by researching and
interviewing the elders within the community. The
documentaries will be showcased quarterly at Dorsey
Library/Park, entered into international film festivals, be
available to be screened upon 1st Take Youth Film Program
channel online and licensed to broadcast companies.
Doc ID: 3d8f718f4dd387b10eec58b6110baa95c40958a4
M
CHMENT A
VICES
Race
Hispanic
Student Demographks
Neighborhoods
Little Haiti
10.0%
Allapathah
Liberty City
Overtown
The median household income of our students is $21,811.
Doc ID: 3d8f718f4dd387b10eec58b6110baa95c.0958a4
Black
3 PM - 7 PM - 1st Take Youth Film Program
Quarterly on Fridays from 6 PM - 9 PM
Screenings in the Park managed by the staff, students and
community volunteers.
ATTACHMENT A
SCOPE OF SERVICES
Hours of Operation
Monday - Friday: 3PM - 7PM Summer Break: (Online)
June 7th - July 2nd 2021
2021 School Year
After School Program
August 23rd - June 9th
Location will be available for the community.
Doc ID: 3d8f718f4dd387b10e
ATTACHMENT A
SCOPE OF SERVICES
Use of Space
11111111111111111111111111111111111..
1st Take Youth Film Program - After School Program (Online if Permitted in person)
After School Program Florida Film House will provide workshops in acting, writing,
directing, producing, and cinematography for the community throughout the year.
Online Schooling - Partnership with Touching of Miami with Love - 6-12th graders will
be doing online schooling with Teachers during the day, allowing their parents the
opportunity to go back to work.
Education and College Readiness- Space will primarily be used to facilitate the 1st Take
Youth Film Program Monday through Friday from 3:00 PM - 7:00 PM. (Online)
Job Training, and Vocational Training for adults and 2nd Chance opportunities -The
space will also serve as a hub for vocational training for adults to learn the ins and outs of film.
Available: Mondays - Fridays from 7:OOPM - 9:OOPM.
Arts and Entertainment for the community- Once a quarter, the space will be open for the
community to enjoy and watch exclusive content created by 1st Take Youth Film Program
students.
History Preservation- The students will be creating digital archives and documentaries by
researching and interviewing the elders within the community.
ATTACHMENT A
SCOPE OF SERVICES
1st Take Youth Film Programming
After School, Spring and Summer Programs
Filmmakers will activate the space/studio from 10:00 AM
to 4:00 PM Monday through Friday. They will receive
specialized training and perform work tasks under the
direction of industry professionals in order to create
products and services that benefit the community and
local businesses. During the spring the students will create
short films that tell the stories of their community. They
will be screened at the Urban Film Festival, The American
Black Film Festival, will be submitted for Sundance Film
Festival & entered into other film festivals internationally.
In the summer the students will create a feature film that
will be entered into festivals, presented to major
distribution companies and money made from sales will go
into escrow to help pay for college, entrepreneurship of
film company or for gear to get started in the business of
film.
Pot; Ti
ROLL.
SCENE
SHOT
TAKE
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ATTACHMENT A
SCOPE OF SERVICES
In -Person Services- School Hours 6-12" Grade
Youth's Times: 7:45am — 5:45pm
Staff Ratio: 1 Staff to 9 youth
TML understands the demanding needs for a safe and supervised space. Many of our parents have communicated
a need to return to work and stated they do not have adequate supervision for their youth. In addition, parents
have recognized our program as a necessity and have been forefront with their abilities to assist their youth in
academic success. Several parents have stated barriers such as lack of education and technology use.
TML will provide in -person programming to support youth virtual schooling during school and after school
hours. We will provide a supervised, conducive space for children to thrive during their virtual learning experi-
ence. TML instructors will guide our youth throughout the entire school day. Our instructors will ensure students
are logged on to class, assist with and ensure required assignments are complete and provide materials as need-
ed. TML instructors will engage with MDCPS teachers as needed to provide any additional supports or services
needed.
After virtual schooling, our youth will participate in a variety of enrichment and outdoor activities infused
with academic and social -emotional learning. These activities may include Photography, Video and Technology,
Virtual Reality, STEAM, culinary arts, Music appreciation, non -contact sports, virtual field trips and experiences.
Our staff will accommodate youth of all abilities through inclusion while recognizing the variations for Youth with
Disabilities. Through adjust activities in each component/enrichment activity utilizing: wall charts, visual cues, ad-
ditional time, audio books, larger print, immediate praise/rewards, and physical accommodations.
Mrs. Trina Harris
Vice President, Touching Miami With Love Ministries, Inc
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ATTACHMENT A
SCOPE OF SERVICES
On the job training
Select Teens that qualify for on-the-job training can compete for paid and unpaid
internships. We will be training high wages jobs that are necessary in the industry,
averaging from $51,761-$84.205. All interns will be under the direction of Project
Coordinator. Internship experiences will include:
• Creating marketing campaigns for local businesses
• Storyboarding and writing scripts for local, not for profits.
• Filming EPK for local businesses.
• Data basing and Archiving footage of Miami
• Electricians (Gaffer)
• Camera Operator
ATTACHMENT A
SCOPE OF SERVICES
List of Staif:
Project Coordinator & Professor -Will be responsible for
keeping a collaborative strategy above organized and running
smoothly. Working alongside the community to help enrich, give
back and grow the five project description initiatives.
(2) Film Professors - Industry professionals passionate about
teaching and giving hack.
1st Take Alumni/ Instructor - Student that has excelled and now
is employed and sharing what he learned.
Film Professionals, Community Subcontractors and
volunteers- From the local film community will be coming in for
workshops and hands on training. We will also be taking many
field tips to their studios and live sets.
Guidelines for COVID 19 protocol will be implemented, so we all
can work safe and effectively.
ATTACHMENT A
SCOPE OF SERVICES
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ATTACHMENT B
Other Fiscal Requirements, Budget and Method of Payment
The Parties agree that this is a cost reimbursement method of payment Agreement; Programming
Partner shall be paid for Programming rendered in accordance with this Agreement in an amount
not to exceed the total funding amount set forth in Section D. Programming Partner agrees to
timely pay all its employees for the fulfillment of Programming provided in this Agreement.
Invoice Requirements
Every request by Programing Partner for payment for Programming provided, work performed, or
costs incurred pursuant to this Agreement shall be accompanied by a request for payment in a
format prescribed by the City, which at a minimum shall include sufficient supporting details,
receipts and/or invoices, made in accordance with the schedule set forth in the Line -Item Budget
("Budget"), which is attached hereto and made a part hereof, as may be reasonably required by the
City to allow proper audit of Programming Partner's expenses, should the City require an audit to
be performed.
Each request for payment shall be in writing and contain a statement declaring and affirming that
all expenditures were made in accordance with the Budget. Each request for payment must also
be in a line -item form, as reflected in the Budget. All documentation in support of a request for
payment shall be subject to approval at the sole discretion of the City. All invoices submitted for
reimbursement must be paid by the Programming Partner prior to being included as part of a
request for payment. A request for reimbursement shall include the original receipt or invoice,
plus a copy of the check that was issued to pay the same. Copies of canceled checks must be
submitted to the City within sixty (60) days of payment of a receipt or invoice. Should a receipt
or an invoice be paid by various funding sources, a copy of the receipt or invoice may be submitted,
but must indicate the exact amount paid by various funding sources that must equal the total of the
receipt or invoice. No miscellaneous categories shall be accepted as a line- item in the Budget.
Two (2) requests for line -item changes are allowable, with prior review and approval by the City.
All line -item changes must be made on or before thirty (30) days prior to the end of the term of
Agreement.
The City agrees to reimburse on a monthly billing basis. The request for payment is due on or
before the fifteenth (15th) day of the month following the month in which expenditures were
incurred (exclusive of legal holidays or weekends). A final request for payment (last monthly
invoice of the Agreement term) from Programming Partner will be accepted by the City up to thirty
(30) days after the expiration of this Agreement. If Programming Partner fails to comply with the
applicable deadlines, all rights to payment shall be forfeited for those receipts and/or invoices
Programming Partner is seeking reimbursement for. The City reserves the right to request any
supporting documentation.
A request for payment provided hereunder shall be deemed to have been given if sent by hand
delivery or recognized overnight courier, such as Federal Express, or if by certified U.S. mail with
return receipt requested, addressed to the City of Miami Parks and Recreation Department, at the
place specified below:
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Director
City of Miami Parks and Recreation Department
444 SW 2nd Avenue, 8th Floor
Miami, FL 33130
In order for a request for payment to be deemed proper as defined by the Florida Prompt Payment
Act, all requests for payment must comply with the requirements set forth in this Agreement and
must be submitted on the forms as prescribed by the City. Requests for payment and/or
documentation returned to the Programming Partner for corrections may be cause for delay in
receipt of payment. Late submission may result in delay in receipt of payment. The City shall pay
the Programming Partner within thirty (30) calendar days of receipt of the Programming Partier's
properly submitted request for payment and/or other required documentation.
The City may retain any payments due until all required reports, deliverables or monies owed to
the City are submitted and accepted by the City.
Supporting Documentation Requirements
Programming Partner shall maintain original records documenting actual expenditures and
Programming provided according to the Budget and scope of services as required. Supporting
documentation shall be made available and provided to the City upon request.
Programming Partner shall keep accurate and complete records of any fees collected,
reimbursement, or compensation of any kind received from any client or other third party, for any
Service covered by this Agreement, and shall make all such records available to the City upon
request. Programming Partner shall maintain a cost allocation methodology that it uses to allocate
its costs. Programming Partner shall use a cost allocation methodology which assures that the City
is paying only its fair share of costs for services, overhead, and staffing not solely devoted to the
program funded by this Agreement. Such methodology shall be made available to the City upon
request.
[THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.]
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ATTACHMENT C
PROGRAMMATIC PERFORMANCE AND DATA REPORTING REQUIREMENTS
Programming Partner shall submit to the Department of Parks and Recreation performance
measures as noted in the Scope of Service (Attachment A). Reporting includes electronic
submission of quantity and outcome information, budget reports and quarterly reports.
Failure to meet the minimum standards for performance will constitute a breach of contract. The
City of Miami reserves the right in its sole discretion to determine remedies for such breach,
including without limitation, terminating a contract, reducing funding (if applicable)
commensurate with below -minimum performance, or imposing other remedies on Programming
Partners below any minimum standard, including a performance improvement plan.
Programming Partners will be required to provide the following:
Quarterly Reports:
Due the 15th of the month following the most recent quarter
• October — December
• January — March
• April — June
• July - September
Consisting of:
• Programmatic Activities — Summary to include goals of program
• Number of children served
• Any applicable current fee schedule or proposed for upcoming quarter
• Outcomes from the programming and any performance measures
• Highlights/Successes
• Changes or Modifications to Program Plan
• Upcoming Special Events
• Any entities that are subcontracted as part of providing the program
• Financial Report Year To Date ( Template to be provided)
• Have there been any incidents or accidents during the last quarter to be reported? If
so, how was the incident handled and what was the final resolution? Was the Park
Manager notified?
• Park Manager verification of physical contract compliance ( form to be developed)
• Use of Space
• Program Delivery Confirmation
• Verification of participants of served
• Entity is in good working relationship with staff and participants
• No logged complaints or issues from public regarding the program
• Inspection of area used for any maintenance or repairs completed
• Overall Feedback
• Budget Template as an additional attachment, based off of historical budget
submitted
A Programming Partner may be asked to supply additional information if deemed necessary.
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ATTACILMIENT 1)
Affidavit of Level 2 Background Screenings
In accordance with Section 943.0542 and Cluquers 430, 435 and 39 of the Florida Statutes, as
applicable. and pursuant to the requirements ofParagraph R. of this Agreement entitled "Starland
Volunteer 13ackgruund Check Requirements the undersigned afiiant makes the following
statement under oath and under penalty of perjury. which is a first degree misdemeanor, punishable
by a definite term of imprisonment not to exceed one year and/or a tine not to exceed S1.000.
pursuant to Sections ;t.37,012 and 775.0S2, Florida Statutes..
STATE OF FLORIDA
COUNTY OF MIAMI-DADS
Before me, the undersigned authority, personally appeared
Executive Director, Authorized Programming, Partner Representative of l'torida (Film House
item;oboe, tt. Inc who being by me first duly sworn, deposes and says:
I swear and affirm that the ahovc-named contracted Programming Partner is compliant with the
requirements for personnel background screening detailed in Section 943.0542 and Chapters 430.
435 and ti9 of the Florida Statutes, as applicable. for all personnel having direct contact with
children, the elderly. or individuals with disabilities;.
Marco Mohnet
(Signature ot'Executicc Director)
Date
12t16/2021
The foregoing instrument was acknowledged before me by means of PI lot ysical presence or
TI online notarization. ihi day of
_....• 20Xhy
Who is personally known Io me .
Who produced identification: Q_t,VeiS. (;
i t/fi of identification
LW&&CUtA t.AMOTNE
} Notary Pouffe • State et Florida
Commission f GO 177613
MY Comm. Expiry Apr 12, 2024
longed t youth Natlanat Notary assn.
attire of Pcrso a raking Acknowledgment
---
(Printed. Typed, or Stamped Nance of Notary Public)
Title or
Serial Number. if any
ATTACHMENT E
PRELIMINARY PROPOSED SCHEDULE OF SERVICES
Hours of Operation
Monday - Friday: 3PM - 7PM
3 PM - 7 PM - 1st Take Youth Film Program
Quarterly on Fridays from 6 PM - 9 PM
Screenings in the Park managed by the staff, students and
community volunteers.
Summer Break: (Online)
June 7th - July 2nd 2021
2021 School Year
After School Program
August 23rd - June 9th
Location will be available for the community.
ATTACHMENT F
INSURANCE REQUIREMENTS- PROGRAMMING AGREEMENT
Name of Organization: Florida Film House International, Inc.
I. Commercial General Liability
A. Limits of Liability
Bodily Injury and Property Damage Liability
Each Occurrence $1,000,000
General Aggregate Limit $2,000,000
Personal and Adv. Injury $1,000,000
Products/Completed Operations $1,000,000
B. Covered Exposures and Endorsements.
City of Miami included as an additional insured
Primary and Non Contributory Endorsement
Contingent and Contractual Liability
Premises and Operations
Sexual Abuse and Molestation Coverage
II. Business Automobile Liability
A. Limits of Liability
Bodily Injury and Property Damage Liability
Combined Single Limit
Any Auto
Including Hired, Borrowed or Non -Owned Autos
Any One Accident $300,000
B. Endorsements Required
City of Miami included as an additional insured
III. Worker's Compensation
Limits of Liability
Statutory -State of Florida
Waiver of Subrogation
Employer's Liability
A. Limits of Liability
$100,000 for bodily injury caused by an accident, each accident
$100,000 for bodily injury caused by disease, each employee
$500,000 for bodily injury caused by disease, policy limit
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IV. Professional/Error's & Omissions Liability
Combined Single Limit
Each Claim $250,000
General Aggregate Limit $250,000
Retro Date Included
V. Accident/Medical Coverage $25,000
The above policies shall provide the City of Miami with written notice of cancellation or
material change from the insurer not less than (30) days prior to any such cancellation or
material change.
Companies authorized to do business in the State of Florida, with the following qualifications,
shall issue all insurance policies required above:
The company must be rated no less than "A" as to management, and no less than "Class V" as to
Financial Strength, by the latest edition of Best's Insurance Guide, published by A.M. Best
Company, Oldwick, New Jersey, or its equivalent. All policies and /or certificates of insurance
are subject to review and verification by Risk Management prior to insurance approval.
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ATTACHMENT G
CORPORATE RESOLUTION
CORPORATE RESOLUTIONS OF
THE BOARD OF DIRECTORS OF
FLORIDA FILM HOUSE INTERNATIONAL INC.
Authorizing the. Programming Agreement with the City of Miami
Date: October 26, 2021
WHEREAS, Florida Film House International, Inc, a Florida not for profit corporation
(the "Corporation"), established the "1st Take Youth Film Program" which offers underserved
students hands-on training around the complete process of filmmaking.
WHEREAS, on July 11, 2019, the Corporation was approved by the City of Miami (the
"City), pursuant to City Resolution No. R-19-026, to provide documentary film library services
and substantially related historic, educational, instructional, youth, community, cultural, and
documentary film creation, archive and maintenance programs, the lst Take Youth Film
Program and other such activities (collectively, "Documentary Film Library Programs") in
conjunction with the management, operation, and use of the D.A. Dorsey Memorial Library
located at 100 Northwest 17th Street, Miami, Florida 33136 ("Property") and as part of the
City's Parks Department facilities.
WHEREAS, thereafter, the Corporation began operating the Documentary Film Library
Programs at the Property pursuant to a permit from the City, but without a formal agreement.
WHEREAS, the City presented the "Programming Agreement" attached hereto as
Exhibit A, which outlines the terms and conditions under which the Corporation will agree to
operate the Documentary Film Library Programs.
WHEREAS, the board of directors deems it advisable and in the best interests of the
Corporation to authorize the Programming Agreement to allow for the continued and authorized
operation of the Documentary Film Library Programs.
NOW THEREFORE, BE IT RESOLVED, that the Programming Agreement presented
to the Board of Directors in the form of Exhibit A is hereby approved, and the President of this
Corporation is authorized and instructed, for and in the name of this Corporation, to execute and
deliver such Programming Agreement in substantially the form that was presented to the Board
of Directors as contained in Exhibit A, with such changes thereto as the President shall approve,
such approval to be conclusively evidenced by the execution and delivery thereof.
RESOLVED, that the President of this Corporation is hereby authorized to do and
perform any and all such acts, including execution of any and all documents and certificates, as
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ATTACHMENT G
CORPORATE RESOLUTION
the President shall deem necessary or advisable, to carry out the purposes. and intent of the
foregoing resolutions.
RESOLVED, that any actions taken by such officers prior to the date of the foregoing
resolutions adopted hereby that are within the authority conferred thereby are hereby ratified,
confirmed and approved as the acts and deeds of this corporation.
CER 1'1FICATLON
The undersigned, as Secretary of the Corporation, hereby certifies that these Resolutions
were enacted by the Board of Directors of this Corporation at a proper meeting on October 26,
2021, with a quorum being present. The Secretary further certifies that the foregoing Resolutions
remain in full force and effect, have not been rescinded or modified, and conform with any
relevant provisions of the articles of incorporation and by-laws ofthis Corporation, and that the
above -mentioned officers ofthis Corporation continues to hold such title and continues to be
empowered to act within the authority prescribed in the Resolutions.
Ezra Dieuveille
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ATTACHMENT H
CITY RESOLUTION NO. R-19-0262
AGENDA ITEM COVER PAGE
File ID: #6165
Resolution
Sponsored by: Commissioner Keon Hardemon
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -
FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING,
RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S
RECOMMENDATIONS AND FINDINGS THAT COMPETITIVE BIDDING METHODS AND
PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS, PURSUANT TO SECTIONS
18-85(A) AND 18-86(A)(3)(C) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED; WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; APPROVING THE
RECOMMENDATIONS AND FINDINGS OF THE CITY OF MIAMI ("CITY") PARKS AND
RECREATION DEPARTMENT ("PARKS DEPARTMENT") AND DEPARTMENT OF REAL
ESTATE AND ASSET MANAGEMENT ("DREAM") THAT FLORIDA FILM HOUSE
INTERNATIONAL, INC., A STATE OF FLORIDA AND FEDERAL NOT -FOR -PROFIT
ORGANIZATION ("MANAGER"), IS THE MOST QUALIFIED ORGANIZATION TO PROVIDE
DOCUMENTARY FILM LIBRARY SERVICES, AND SUBSTANTIALLY RELATED HISTORIC,
EDUCATIONAL, INSTRUCTIONAL, YOUTH, COMMUNITY, CULTURAL, AND
DOCUMENTARY FILM CREATION, ARCHIVES, AND MAINTENANCE PROGRAMS, SUCH
AS THE FIRST TAKE YOUTH FILM PROGRAM, AND OTHER SUCH ACTIVITIES
(COLLECTIVELY, "DOCUMENTARY FILM LIBRARY PROGRAMS"), IN CONJUNCTION WITH
THE MANAGEMENT, OPERATION, AND USE OF THE CITY -OWNED D.A. DORSEY
MEMORIAL LIBRARY BUILDING ("LIBRARY"), AT THE PROPERTY WHICH IS PART OF THE
CITY'S PARKS DEPARTMENT FOR PROGRAMMING SERVICES, AND IS LOCATED AT 100
NW 17TH STREET, MIAMI, FLORIDA 33136, LEGALLY DESCRIBED IN COMPOSITE EXHIBIT
"A," ATTACHED AND INCORPORATED ("PROPERTY"); AUTHORIZING THE CITY
MANAGER TO NEGOTIATE AND EXECUTE, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY AND BOND COUNSEL, A U. S. INTERNAL REVENUE SERVICE ("IRS") SAFE
HARBOR MANAGEMENT AGREEMENT FOR A FIVE (5) YEAR INITIAL TERM, WITH UP TO
TWO (2) OPTIONS TO RENEW FOR TERMS OF FIVE (5) YEARS EACH, WITH MANAGER
FOR THE MANAGEMENT, OPERATION, AND USE OF THE PROPERTY AND THE LIBRARY
FOR A DOCUMENTARY FILM LIBRARY AND COMMUNITY PARKS FACILITY LOCATION
FOR THE DOCUMENTARY FILM LIBRARY PROGRAMS; FURTHER AUTHORIZING THE
CITY MANAGER, AFTER CONSULTATION WITH THE CITY ATTORNEY AND BOND
COUNSEL, TO NEGOTIATE AND EXECUTE ALL OTHER NECESSARY DOCUMENT(S) FOR
SAID PURPOSES FOR MANAGEMENT, OPERATION, AND USE(S) OF THE PROPERTY TO
COMPLY WITH REQUIREMENTS OF THE INTERNAL REVENUE CODE OF 1986, AS
AMENDED, AND OF TAX-EXEMPT BOND PROGRAMS, GRANT FUNDS, AND PARKS
IMPACT FEES WHICH PROVIDED FUNDING FOR THE RESTORATION AND RENOVATION
OF THE PROPERTY AND THE LIBRARY AS PART OF THE CITY'S PARKS DEPARTMENT
FACILITIES; PROVIDING FOR SEVERABILITY AND FOR AN EFFECTIVE DATE.
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ATTACHMENT H
CITY RESOLUTION NO. R-19-0262
City of Miami
Legislation
Resolution
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 6165
Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -
FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING,
RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S
RECOMMENDATIONS AND FINDINGS THAT COMPETITIVE BIDDING METHODS AND
PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS, PURSUANT TO SECTIONS
18-85(A) AND 18-86(A)(3)(C) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED; WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; APPROVING THE
RECOMMENDATIONS AND FINDINGS OF THE CITY OF MIAMI ("CITY") PARKS AND
RECREATION DEPARTMENT ("PARKS DEPARTMENT") AND DEPARTMENT OF REAL
ESTATE AND ASSET MANAGEMENT ("DREAM") THAT FLORIDA FILM HOUSE
INTERNATIONAL, INC., A STATE OF FLORIDA AND FEDERAL NOT -FOR -PROFIT
ORGANIZATION ("MANAGER"), IS THE MOST QUALIFIED ORGANIZATION TO PROVIDE
DOCUMENTARY FILM LIBRARY SERVICES, AND SUBSTANTIALLY RELATED HISTORIC,
EDUCATIONAL, INSTRUCTIONAL, YOUTH, COMMUNITY, CULTURAL, AND
DOCUMENTARY FILM CREATION, ARCHIVES, AND MAINTENANCE PROGRAMS, SUCH
AS THE FIRST TAKE YOUTH FILM PROGRAM, AND OTHER SUCH ACTIVITIES
(COLLECTIVELY, "DOCUMENTARY FILM LIBRARY PROGRAMS"), IN CONJUNCTION WITH
THE MANAGEMENT, OPERATION, AND USE OF THE CITY -OWNED D.A. DORSEY
MEMORIAL LIBRARY BUILDING ("LIBRARY"), AT THE PROPERTY WHICH IS PART OF THE
CITY'S PARKS DEPARTMENT FOR PROGRAMMING SERVICES, AND IS LOCATED AT 100
NW 17TH STREET, MIAMI. FLORIDA 33136, LEGALLY DESCRIBED IN COMPOSITE EXHIBIT
"A," ATTACHED AND INCORPORATED ("PROPERTY"); AUTHORIZING THE CITY
MANAGER TO NEGOTIATE AND EXECUTE, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY AND BOND COUNSEL, A U. S. INTERNAL REVENUE SERVICE ("IRS") SAFE
HARBOR MANAGEMENT AGREEMENT FOR A FIVE (5) YEAR INITIAL TERM, WITH UP TO
TWO (2) OPTIONS TO RENEW FOR TERMS OF FIVE (5) YEARS EACH, WITH MANAGER
FOR THE MANAGEMENT, OPERATION, AND USE OF THE PROPERTY AND THE LIBRARY
FOR A DOCUMENTARY FILM LIBRARY AND COMMUNITY PARKS FACILITY LOCATION
FOR THE DOCUMENTARY FILM LIBRARY PROGRAMS; FURTHER AUTHORIZING THE
CITY MANAGER, AFTER CONSULTATION WITH THE CITY ATTORNEY AND BOND
COUNSEL, TO NEGOTIATE AND EXECUTE ALL OTHER NECESSARY DOCUMENT(S) FOR
SAID PURPOSES FOR MANAGEMENT, OPERATION, AND USE(S) OF THE PROPERTY TO
COMPLY WITH REQUIREMENTS OF THE INTERNAL REVENUE CODE OF 1986, AS
AMENDED, AND OF TAX-EXEMPT BOND PROGRAMS, GRANT FUNDS, AND PARKS
IMPACT FEES WHICH PROVIDED FUNDING FOR THE RESTORATION AND RENOVATION
OF THE PROPERTY AND THE LIBRARY AS PART OF THE CITY'S PARKS DEPARTMENT
FACILITIES; PROVIDING FOR SEVERABILITY AND FOR AN EFFECTIVE DATE.
WHEREAS, pursuant to a warranty deed with the notation "(FOR LIBRARY
PURPOSES)" from the Washington Heights Library Association dated February 25, 1942
("Deed"), the City of Miami ("City") is the owner of the real property located at 100 Northwest
17th Street, Miami, Florida 33136 ("Property"), and the building located thereon commonly
known as the D.A. Dorsey Memorial Library ("Library") (a legal description of which Property
along with the Deed, are attached and incorporated hereby as "Composite Exhibit A"), and
WHEREAS, in 1966 the City entered into an agreement with Dade County ("County"),
with the consent of the D.A. Dorsey family heirs, to allow the County's Economic Opportunity
Program to operate from the Property and the Library, and then later the County's Community
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ATTACHMENT H
CITY RESOLUTION NO. R-19-0262
Action Agency, as the successor program, operated from the Property and the Library until
1986; and
WHEREAS, pursuant to City Commission Resolution No. R-03-1027, adopted
September 25, 2003, the City accepted privately funded in -kind services through the Turkel
Resource Foundation Inc. ("Foundation"), consisting of fifty thousand dollars ($50,000.00)
("Grant Funds") which were donated to continue restoration improvements to the Library; and
WHEREAS, the Miami City Commission ("City Commission") over time (1) has accepted
and authorized the use of two hundred and fifty thousand dollars ($250,000.00) in funding from
the Miami -Dade County ("County") Building Better Communities General Obligation Bonds
("Bond Programs"), and (2) has provided a total of one million, one hundred and two thousand,
seven hundred ninety-one dollars and sixty cents ($1,102,791.60) from City Parks Impact Fees,
all in order to restore the Library on the Property, as part of the City's Parks Department
facilities; and
WHEREAS, (i) in accordance with the Internal Revenue Code guidelines applicable to
agreements involving governmental units and uses of bond -financed facilities by a not -for -profit
organization with tax-exempt status under Internal Revenue Code Section 501(c)(3), and (ii) in
consideration of (a) the wishes for a library component to be substantially featured at the
Property, (b) ongoing community and Parks Department needs, (c) the uses of Homeland
Defense/Neighborhood Capital Improvements Bond Program funding and Park Impact Fees to
restore the Library building, and (d) potential future City needs, the City Manager has
determined and recommended in his Memorandum attached and incorporated as Composite
Exhibit B that it is in the best interests of the City to enter into an IRS Safe Harbor Management
Agreement for the Property and the Library with Florida Film House International, Inc., a State of
Florida and Federal not -for -profit organization ("Manager"), to provide documentary film library
services and substantially related historic, educational, instructional, youth, community, cultural,
and documentary film creation, archive and maintenance programs, the First Take Youth Film
Program and other such activities (collectively, "Documentary Film Library Programs") in
conjunction with the management, operation, and use of the Property and the Library as part of
the City's Parks Department facilities; and
WHEREAS, Manager is a Florida and federal not for profit organization which for the
past two (2) years has committed its resources to accomplish a successful educational film
mentorship program; and
WHEREAS, Manager is proposing to undertake the proposed Documentary Film Library
Programs at the Library on the Property in order to provide historical preservation, educational,
employment growth, and arts and entertainment opportunities and a diverse event space for
the community; and
WHEREAS, Manager is in good standing with the City; and
WHEREAS, the development, management, and use of the Library and the Property by
the Manager will be subject to the following continuing compliance covenants, among others
necessary to comply with the Homeland Defense/Neighborhood Capital Improvements Bond
Program and the Parks Impact Fees requirements, to be included in the IRS Safe Harbor
Management Agreement: (i) the Property must be managed, operated, and used only for the
Documentary Film Library Programs; (ii) priority must be given to residents from the City and the
County; (iii) the Manager must retain its State of Florida and Federal not -for -profit status
throughout the initial term of the IRS Safe Harbor Management Agreement and any renewals
thereof; (iv) the initial term shall be for five (5) years, with up to two (2) options to renew for five
(5) years each term; (v) neither the City nor the Manager shall pay or receive from each other
any compensation for the development, management, and/or use of the Property and the
Library; (vi) the City must approve in writing in advance any change in development,
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ATTACHMENT H
CITY RESOLUTION NO. R-19-0262
management and/or use of the Property and the Library; and (vii) the Manager's rights to
manage, operate and use the Property and the Library will terminate and the rights to manage,
operate, and use the Property and the Library shall revert to the City in the event the Property
and the Library cease to be managed, operated and/or used for the intended Documentary Film
Library Programs purposes in the community Parks facility; and
WHEREAS, the City Manager has approved the recommendations of the Parks
Department and DREAM, and has made findings that pursuant to Sections 18-85 and 18-
86(a)(3)(c) of the Code of the City of Miami, Florida, as amended ("City Code"), competitive
negotiation methods are neither practicable nor advantageous for obtaining said Documentary
Film Library Program services for management, operation, and use of the Property and the
Library, and has recommended to the City Commission that the recommendations and findings
be adopted; and
WHEREAS, the Administration recommends entering into an IRS Safe Harbor
Management Agreement, with continuing compliance conditions and provisions, for the City -
owned Property and Library for the management, operation, and use of the Property and the
Library for the Documentary Film Library Programs as part of the City's Parks Department
facilities;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. By a four -fifths (4/5ths) affirmative vote, after an advertised public hearing,
the City Manager's findings and recommendations that competitive bidding methods and
procedures are not practicable or advantageous pursuant to Sections 18-85 and 18-86(a)(3)(c)
of the City Code, waiving the requirements for said procedures, is ratified, approved and
confirmed and the City's Parks Department's and DREAM's recommendations and findings that
Florida Film House International, Inc., a Florida and federal not -for -profit corporation
("Manager"), is the most qualified organization to provide the Documentary Film Library
Programs in conjunction with the management, operation, and use of the City -owned D.A.
Dorsey Memorial Library building ("Library") at the property which is part of the City's Parks
Department for programming services and is located at 100 Northwest 17th Street, Miami,
Florida 33136 as legally described in Composite Exhibit A, attached and incorporated
("Property"), is approved.
Section 3. The City Manager is authorized' to negotiate and execute, in a form
acceptable to the City Attorney and Bond Counsel, an IRS Safe Harbor Management
Agreement, for a five (5) year initial term with up to two (2) options to renew for terms of five (5)
years each, with the Manager for the management, operation, and use of the Property and the
Library for a documentary film library and community Parks facility location for the Documentary
Film Library Programs.
Section 4. The City Manager is further authorized,', after consultation with the City
Attorney and Bond Counsel, to negotiate and execute all other necessary document(s) for said
purpose for management, operation, and use(s) of the Property and the Library to comply with
the requirements of the Internal Revenue Code of 1986, as amended, the Bond Programs, the
Grant Funds, and the Park Impact Fees which provided funding for the restoration and
renovation of the Property and the Library as part of the City's Parks Department facilities.
1 The herein authorization is further subject to compliance with all requirements that may be imposed by
the City Attorney, including but not limited to, those prescribed by applicable City Charter and City Code
provisions.
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ATTACHMENT H
CITY RESOLUTION NO. R-19-0262
Section 5. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.2
APPROVED AS TO FORM AND CORRECTNESS:
2 If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days
from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective
immediately upon override of the veto by the City Commission.
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ATTACHMENT I
Not applicable
31
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ATTACHMENT J
[COVID]
32
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ATTACHMENT J
COVID-19 ATTACHMENT TO
PROGRAMMING AGREEMENT
BETWEEN THE CITY OF MIAMI, FLORIDA
AND
FLORIDA FILM HOUSE INTERNATIONAL, INC.
FOR PROGRAMMING IN D.A. DORSEY MEMORIAL LIBRARY
THIS COVID-19 ATTACHMENT TO PROGRAMMING AGREEMENT ("COVID-
19 Attachment") effective as of QC+Qher- 26,141, 2021 ("Effective Date") is
between the City of,Miami, a Florida municipal corporation, hereafter "City", whose address is
444 Southwest 2" Avenue, Miami, Florida 33130 and Florida Filrn House International, Inc., a
Florida Not -For -Profit Corporation, hereafter "Programming Partner", whose address is 570 NW
26th Street, Miami, Florida 33127.
RECITALS
WHEREAS, the City and Programming Partner have entered into an agreement, of even
date herewith, to which this document is Attachment J ("Agreement") for Programming, as
defined in the Agreement and as further described below, at the D.A. Dorsey Memorial Library,
located at 100 NW 17th Street, Miami, FL 33136 ("Park"); and
WHEREAS, during this time there is a continuing pandemic from the novel coronavirus
("COVID-19 pandemic") that is adversely impacting the community, City services, and
Programming services and the ability of Programming Partner to conduct Programming as would
normally be occurring at the Park, but the community has requested the City and Programming
Partner to undertake Programming for many public purpose reasons; and
WHEREAS, the Board of Directors of Programming Partner also has requested the City to
allow Programming Partner to conduct Programming in the Park as set forth in and during the
Effective Term of the Agreement, and the City has provided to Programming Partner in its email
of December 2, 2021 information and guidelines attached and incorporated as Composite Exhibit
"B" hereto, from the U.S. Centers Disease Control, American Camping Association, State of
Florida ("State"), Miami -Dade County, and the City (collectively, "COVID-19 Information and
Pandemic Guidelines"), for undertaking the Programming; and
WHEREAS, in its QL T7? b er 614/ , 20 2.1 Board Resolution attached and
incorporated as Exhibit "C" hereto, Programming Partner's Board of Trustees/Directors ("Board")
and the Staff of Programming Partner have (1) acknowledged receipt of the COVID- l 9 Pandemic
Information and Guidelines and reviewed the COVID-I9 Pandemic Information and Guidelines
and such other information as the Board deemed pertinent, (2) reviewed the PARENT/LEGAL
GUARDIAN FOR MINOR CHILD'S'CHILDREN'S PARTICIPATION AGREEMENT,
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GENERAL ACKNOWLEDGMENT OF RISKS, AND WAIVER/RELEASE OF LIABILITY
RELATED TO THE NOVEL CORONAVIRUS/COVID 19 AND GENERAL CITY OF MIAMI
PARK FACILITIES AND ACTIVITIES ("City Program Partners Release/Waiver Agreement
Form") attached and incorporated as Exhibit "D" hereto, required by the City to be completed by
the parent/legal guardian of each child for attendance at and participation in Programming to be
operated by Programming Partner at the Park, (3) reviewed this COVID-19 Attachment, including
the release/waiver of liability of the City, its employees, officials, agents, representatives, and
volunteers as set forth in Section 6 below; (4) voluntarily and independently reviewed the risks
inherent in allowing Programming Partner, its Board members, employees, officials, agents,
representatives, and volunteers, and the related risks to their respective households, in order for
Programming Partner to use, undertake, and conduct Programming to be operated by Programming
Partner at the Park during this time of the COVID-19 Pandemic; (5) reiterated to the City the
request to allow Programming Partner to use, undertake and conduct Programming to be operated
by Programming Partner at the Park during the continuing COVID-19 Pandemic; and (6)
authorized Programming Partner's Board Chairperson and its Executive Director to execute and to
undertake all responsibilities of Programming Partner as set forth below in this COVID-19
Attachment;
NOW, THEREFORE, in consideration of the mutual covenants herein, the sufficiency of which
is hereby acknowledged, the City and Programming Partner (sometimes hereafter referred to
collectively as "Parties" and each separately as a "Party") agree as follows:
SECTION 1. INCORPORATION OF RECITALS, EXHIBITS; COVID-19
ATTACHMENT IS IN ADDITION TO AND SUPPLEMENTS THE AGREEMENT: The
recitals above and all Exhibits referenced above and below in this COVID-19 Attachment are
incorporated by reference as if fully set forth in this Section. This COVID-19 Attachment adds to
and supplements the Agreement and all provisions of the Agreement remain unchanged and in full
force and effect as if set forth herein. The provisions of this COVID-19 Attachment shall survive
the termination of the Agreement.
SECTION 2. EFFECTIVE TERM: The effective term of this COVID-19 Attachment shall
remain in full force and effect throughout the term(s) of the Agreement, including any renewals
thereof, unless earlier terminated in writing by mutual agreement of the Parties; provided, however,
that, notwithstanding anything contained herein to the contrary, the City and the Programming
Partner shall reasonably cooperate with each other to update the terms of this Attachment from
time to time to take into account updated guidance from the Center for Disease Control and
Prevention and any other applicable governmental authority (including, without limitation, with
respect to the social distancing guidelines applicable to children and related capacity limitations,
and the suspension or termination of any applicable guidelines or requirements following the
determination by applicable governmental authorities that the COVID-19 pandemic has been
significantly contained or eliminated or no longer poses a significant threat to the South Florida
community).
SECTION 3. PROGRAMMING PARTNER'S UPDATED DOCUMENTS: Programming
Partner has submitted to the City all updated documents for the City's approval in connection with
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this COVID-19 Attachment. The City agrees to not unreasonably delay review and requests for
any additional information necessary in connection with this COVID-19 Attachment and
Programming Partner's use, undertaking and conducting the Programming in the Park.
SECTION 4. SCOPE OF SERVICES, HEALTH AND SAFETY MEASURES, AND
REPORTING FOR PROGRAMMING DURING COVID-19 PANDEMIC
1. Programming Partner agrees to render Programming, the Park for the use, undertaking and
conducting of the Programming in accordance with the Scope of Services set forth in Attachment
A to the Agreement. The Programming Partner shall implement the Programming and all health,
safety, compliance and incident reporting requirements in accordance with the COVID-19
Pandemic Information and Guidelines in Exhibit "B", in accordance with the Agreement, and in a
manner deemed satisfactory to the City. The Programming shall not be effective until approved, in
writing, by the City and the Programming Partner by the execution of this COVID-19 Attachment.
2. Programming Partner agrees that no child shall be allowed to attend Programming
used, undertaken, and conducted at the Park or otherwise unless and until the parent/legal
guardian for such child has fully completed and signed a copy of the required City Program
Partners Release/Waiver Agreement Form attached and incorporated as Exhibit "D" hereto.
A copy of each executed City Program Partners Release/Waiver Agreement Form shall be
provided to the City's Parks Department Representative before or by the end of the day of
receipt of same by the Programming Partner (to the extent practicable, and if not, no later
than the next business day following receipt thereof by Programming Partner) so that the
City can update its records for potential tracking purposes.
3. The City and the Programming Partner WILL NOT PROVIDE masks for each child
and each child's parent/legal guardian shall be solely responsible for providing a mask daily
for each child. Programming Partner WILL NOT ALLOW any parent/legal guardian to
sign any child/children into the Programming to be operated by Programming Partner at
the Park each morning unless each child is wearing a mask. To ensure the safety of all
respective City and Programming Partner employees, officials, agents, representatives, and
volunteers and the Programming participants, Programming Partner shall each morning
take the, temperature of each child before the parent/legal guardian leaves the City's
property. Programming Partner shall instruct all parents/legal guardians to remain at the
entrance of the Park until the daily public health temperature taking procedure(s) have been
conducted for all of that individual's children and each of that individual's children has been
cleared to attend and participate for that day. Pursuant to COVID-19 Information and
Guidelines, if any child's temperature is 100.04° Fahrenheit or above, or if any child show(s)
other signs of illness, such child shall not be permitted to participate in the Programming
that day, and the parent/legal guardian for such child shall be immediately notified by
Programming Partner to pick up such child from the Programming Partner's care and
custody. Programming Partner shall not allow any child to return to the Programming until
his/her temperature is below 100.04° Fahrenheit without the aid of medication for at least
twenty-four (24) hours as certified to Programming Partner by that child/s parent/legal
guardian in writing. Programming Partner further agrees to assist City with any required
contact tracing efforts related to positive testing for COVID-19 by any Programming
Partner Board member, employee, official, agent, representative, volunteer, participant, or
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related household members that have participated in or have been on the premises for the
Programming to be operated by Programming Partner at the Park.
4. The Programming Partner agrees that all Programming provided in connection with this
COVID-19 Attachment will be used exclusively for Programming at the Park for the benefit of
City residents.
SECTION 5. PROGRAMMING PARTNER'S REPRESENTATIONS TO CITY:
Programming Partner agrees to comply with all COVID-19 Information and Guidelines to reduce
the contraction and/or transmission of COVID-19 by its employees, Board members, officials,
agents, representatives, volunteers, and members of their respective households. By signing this
COVID-19 Attachment, Programming Partner represents to the City that, to the best of the
Programming Partner's knowledge, none of its employees, Board members, officials, agents,
representatives, volunteers, or members of their respective households are experiencing any
symptoms of COVID-19 including, but not limited to, fever or chills, cough, shortness of breath or
difficulty breathing, fatigue, muscle or body aches, headache, new loss of taste or smell, sore throat,
congestion or runny nose, nausea or vomiting, diarrhea, any other flu -like illness, or skin lesions.
Programming Partner further represents that, as of the date of signing this COVID-19 Attachment
and to the best of the Programming Partner's knowledge, none of its employees, Board members,
officials, agents, representatives, volunteers, or members of their respective households are
currently diagnosed with COVID-19 or have tested positive for COVID-19 in the last fourteen (14)
days. Finally, Programming Partner represents that as of the date of signing of this COVID-19
Attachment, and to the best of the knowledge of its Board Chairperson and Executive Director (1)
that no Programming Partner employees, Board members, officials, agents, representative,
volunteers, or members of their respective households have been in close contact with any
individual who has tested positive for COVID-19 in the last fourteen (14) days; and (2) that none
of the Programming Partner employees, Board members, officials, agents, representative,
volunteers, or members of their respective households have traveled outside of the United Sates
in the last fourteen (14) days. For purposes of this Section 5, Programming Partner's knowledge
means the knowledge of the Programming Partner's Executive Director after reasonable inquiry
and based on any self -reporting by the applicable persons; provided, however, that in no event shall
Programming Partner be required to make any inquiries or take any other actions that would violate
any applicable laws, including, without limitation, the Health Insurance Portability and
Accountability Act of 1996, as amended, and the regulations promulgated thereunder.
SECTION 6. PROGRAMMING PARTNER'S RELEASE/WAIVER OF LIABILITY, ETC.
OF CITY: By signing this COVID-19 Attachment, on my behalf, our behalves, and on behalf of
Programming Partner, its Board, employees, officials, agents, representatives, volunteers, and their
and our respective children, household members, and any personal representatives, assigns, heirs,
and next of kin, I/WE HEREBY FOREVER RELEASE, WAIVE LIABILITY BY, COVENANT
NOT TO SUE, DISCHARGE, AND AGREE FOREVER TO INDEMNIFY, DEFEND, AND
HOLD HARMLESS the City, and its respective employees, agents, officials, representatives, and
volunteers against any and all claims, losses, damages, costs, or expenses associated with COVID-
19 arising out of, or in connection with any Programming to be operated by Programming Partner
at the Park. On behalf of Programming Partner, we also acknowledge, understand, and agree that
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this Agreement includes any claims based on the actions, omissions or negligence of the City, and
its employees, agents, officials, representatives, or volunteers with respect to a COVID-19
infection that occurs before, during or after participation in any City and/or as a result of
participating in the Programming on -site at the Park or during Programming off -site.
FURTHERMORE, PROGRAMMING PARTNER HEREBY VOLUNTARILY ACCEPTS
SOLE RESPONSIBILITY (AS BETWEEN THE CITY AND PROGRAMMING PARTNER)
FOR any personal injury, any and all related COVID-19 illnesses or complications, any and all
other illnesses or complications not related to COVID-19, any permanent disability, or the death
of any of Programming Partner's Board, employees, officials, agents, representatives, volunteers,
and any of their respective children, household members, including, but not limited to, personal
injury, disability, death, illness, damage, loss, claim, liability, or expense of any kind, that any of
the foregoing and their respective children, household members, personal representatives, heirs,
assigns, or next of kin may experience or incur in connection with Programming Partner's uses,
undertakings, and/or conducting Programming operated by Programming Partner on -site at the
Park, or during Programming off -site. On my/our behalf/behalves and on behalf of Programming
Partner, its Board members, employees, officials, agents, representatives, volunteers, and their
respective children, household members, personal representatives, heirs, assigns, and next of kin,
PROGRAMMING PARTNER ON BEHALF OF ALL OF THE FOREGOING HEREBY
FOREVER RELEASE, COVENANT NOT TO SUE, DISCHARGE, WAIVE LIABILITY BY,
AND AGREE FOREVER TO DEFEND, HOLD HARMLESS, AND INDEMNIFY the City, and
its employees, agents, officials, representatives, and volunteers, of and from any and all claims,
including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or
relating thereto regarding any participation in, use of, undertakings, and conducting of
Programming by Programming Partner in the Park, its Board, employees, agents, representatives,
volunteers, myself, ourselves, my/their and respective children, and other members of my/their
households.
On behalf of Programming Partner, we the undersigned understand and agree that this release and
waiver includes any claims based on the actions, omissions, or negligence of the City, and its
employees, agents, officials, representatives, and/or volunteers, involving Programming
conducted by Programming Partner at the Park whether related directly or indirectly to a COVID-
19 infection or to any other incident not involving COVID-19, any of which occurs before, during,
or after participation or in connection with participating in any Programming operated by
Programming Partner in the Park. Additionally, Uwe on behalf Programming Partner voluntarily
agree that by signing this COVID-19 Attachment, Uwe/Programming Partner will assist the City,
and its employees, agents, officials, representatives, and/or volunteers with any required contact
tracing and any quarantine of myself/ourselves, Programming Partner's Board, employees,
officials, agents, representatives, volunteers, participants, and respective children, and other
household members that may be required in connection with COVID 19 infection before, during,
or after participation in any Programming operated by Programming Partner in the Park. On behalf
of Programming Partner, Uwe hereby certify that provided below are the (a) correct and valid City
residence addresses and phone contact information for Programming Partner's representatives
responsible under this COVID-19 Attachment, and (b) correct and valid information regarding
Programming Partner.
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On behalf of Programming Partner, Uwe acknowledge that Programming Partner's Board has duly
authorized me/us to sign on its behalf, and that Uwe am voluntarily executing this COVID-19
Attachment on behalf of Programming Partner and have not been pressured, forced, threatened, or
coerced to execute this COVID-19 Attachment. Uwe understand that Uwe/Programming Partner
has/have a right to consult with an attorney before signing this COVID-19 Attachment, and
I/we/Programming Partner has/have either consulted with an attorney or knowingly and
voluntarily decided not to consult with an attorney. Uwe the undersigned on behalf of
Programming Partner am/are not under the influence of any drugs, alcohol, medication, any other
narcotic or have any mental illness that might tend to affect my/our ability/abilities to knowingly
sign this COVID-19 Attachment by signing below.
Uwe on behalf of Programming Partner and myself/ourselves, represent that Uwe have read and
understand the terms of this COVID-19 Attachment. Uwe on behalf of Programming Partner and
myself/ourselves expressly agree that this acknowledgement, release, and waiver in this COVID-
19 Attachment is intended to be as broad and inclusive as is permitted by the laws of the State, and
if any portion hereof is held invalid, it is agreed that the balance shall, notwithstanding, continue
in full legal force and effect.
SECTION 7. SEVERABILITY: As in the Agreement, if any provision of this COVID-19
Attachment is held invalid or void, the remainder of this Agreement shall not be affected thereby
if such remainder would then continue to conform to the terms and requirements of applicable law.
SECTION 8. COUNTERPARTS; ELECTRONIC SIGNATURES. This COVID-19
Attachment may be executed in three (3) counterparts, each of which shall be an original as
against either Party whose signatures appear thereon, but all of which taken together shall
constitute but one and the same instrument. An executed facsimile or electronic scanned copy of
this COVID-19 Attachment shall have the same force and effect as an original. The Parties shall
be entitled to sign and transmit an electronic signature on this COVID-19 Attachment (whether by
facsimile, PDF, or other email transmission), which signature shall be binding on the Party whose
name is contained therein. Any Party providing an electronic signature agrees to promptly execute
and deliver to the other Parties an original signature of this COVID-19 Attachment upon request.
SECTION 9. CAPITALIZED TERMS, NUMBER, AND GENDER. All capitalized terms
not defined herein shall have the meanings provided in the Programming Partner Agreement and
the attachments and exhibits thereto. Whenever the singular or plural number, masculine or
feminine or neuter gender is used herein, it shall equally include the others and shall apply
jointly and severally.
[Remainder of page left intentionally blank. Next page is signature page]
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IN WITNESS WHEREOF, the Parties hereto have caused this COVID-1 9 Attachment
to the Agreeinent to. be executed by their respective duly authorized representatives, as of
the Effective Date above written.
CITY OF MIAM1, A Florida Municipal Corporation Florida Film House International, Inc., a Florida
Not-.For-Profit.Corporation
By: By:
Arthur Noriega V, City Manger Title: -Executive Director Date
Print Name: Marco Molinet
Attest:
12/16/2021
Attest.:
BY:
Todd Hannon, City Clerk Name:
Title:
Approved as 'to Form and Correctness:
By:
Attest:
By:
Name:
Ielidcz, City A orney (JT I / 18-34fl3)
Title:
Approved as to Insurance Requirements: TMF MID 18-3483
Digitally signed by Gomez,
Gomez FrankFrank
i Date: 2022.03.02 14:09:14
By: 0s'00'
Ann -Marie Sharpe, Dir, of Risk Management
Approved as to Program Re nrents
By:
Barbara He e , Di ector of Parks and. Recreation
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Exhibit "A"
[intentionally omitted]
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Composite Exhibit "B"
Information and guidelines attached and incorporated from the U.S. Centers Disease
Control, American Camping Association, State of Florida, Miami -Dade County, and the City
(collectively, "COVID-19 Information and Pandemic Guidelines")
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12/2/21, 10:19 AM
Composite Exhibit "B"
CDC
Centers for Disease
Control and Prevention
COVI D-1 9
Guidance for COVID-1 9 Prevention in K-12 Schools
Updated Nov. 5, 2021
Key Takeaways
• Students benefit from in -person learning, and safely returning to in -person instruction in the fall 2021 is a priority.
• Vaccination is the leading public health prevention strategy to end the COVID-19 pandemic. Promoting vaccination can
help schools safely return to in -person learning as well as extracurricular activities and sports.
• Due to the circulating and highly contagious Delta variant, CDC recommends universal indoor masking by all students
(age 2 and older), staff, teachers, and visitors to K-12 schools, regardless of vaccination status.
• In addition to universal indoor masking, CDC recommends schools maintain at least 3 feet of physical distance between
students within classrooms to reduce transmission risk. When it is not possible to maintain a physical distance of at least
3 feet, such as when schools cannot fully re -open while maintaining these distances, it is especially important to layer
multiple other prevention strategies, such as screening testing.
• Screening testing, ventilation, handwashing and respiratory etiquette, staying home when sick and getting tested, contact
tracing in combination with quarantine and isolation, and cleaning and disinfection are also important layers of
prevention to keep schools safe.
• Students, teachers, and staff should stay home when they have signs of any infectious illness and be referred to their
healthcare provider for testing and care.
• This guidance emphasizes implementing layered prevention strategies (e.g., using multiple prevention strategies
together consistently) to protect students, teachers, staff, visitors, and other members of their households and support
in -person learning.
• Localities should monitor community transmission, vaccination coverage, screening testing, and occurrence of outbreaks
to guide decisions on the level of layered prevention strategies (e.g., physical distancing, screening testing).
Summary of Recent Changes
Updates as of November 5, 2021
• Updated guidance to reflect authorization of COVID-19 vaccines for children ages 5-11.
Updates as of October 22, 2021
• Updated recommendation for fully vaccinated people who have a known exposure to someone with suspected or
confirmed COVID-19 to be tested 5-7 days after exposure, regardless of whether they have symptoms.
hhps://www cdc.gov/coronavirus/2019-ncov/community/schoolschildcare/k-12-guidance.htmI
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12/2/21, 10:19 AM
Updates as of August 4, 2021
Composite Exhibit "B"
• Updated to recommend universal indoor masking for all students, staff, teachers, and visitors to K-12 schools,
regardless of vaccination status.
• Added recommendation for fully vaccinated people who have a known exposure to someone with suspected or
confirmed COVID-19 to be tested 3-5 days after exposure, regardless of whether they have symptoms.
Updates as of July 9, 2021
• Added information on offering and promoting COVID-19 vaccination.
• Updated to emphasize the need for localities to monitor community transmission, vaccination coverage, screening
testing, and occurrence of outbreaks to guide decisions on the level of layered prevention strategies.
• Revised to emphasize the COVID-19 prevention strategies most important for in -person learning for K-12 schools.
- Added language on the importance of offering in -person learning, regardless of whether all of the prevention
strategies can be implemented at the school.
- For example, because of the importance of in -person learning, schools where not everyone is fully vaccinated
should implement physical distancing to the extent possible within their structures (in addition to masking
and other prevention strategies), but should not exclude students from in -person learning to keep a
minimum distance requirement.
• Updated to align with guidance for fully vaccinated people.
• Updated to align with current mask guidance.
- In general, people do not need to wear masks when outdoors.
• Added language on safety and health protections for workers in K-12 schools.
This updated version of COVID-19 guidance for school administrators outlines strategies for K-12 schools to reduce the spread
of COVID-19 and maintain safe operations.
This guidance emphasizes implementing layered prevention strategies (e.g., using multiple prevention strategies together) to
protect students, teachers, staff, and other members of their households, and to support in -person learning. This guidance is
based on current scientific evidence and lessons learned from schools implementing COVID-19 prevention strategies.
This CDC guidance is meant to supplement —not replace —any federal, state, local, territorial, or tribal health and safety laws,
rules, and regulations with which schools must comply. The adoption and implementation of this guidance should be done in
collaboration with regulatory agencies and state, local, territorial, and tribal public health departments, and in compliance
with state and local policies and practices.
COVID-19 Prevention Strategies Most Important for Safe In -
Person Learning in K-12 Schools
https://www.cdc.gov/coronavirus/2019-ncov/community/schools-childcare/k-12-g uidance.html
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To get kids back in -person safely,
schools should monitor
COVID-19
VACCINE
Community Vaccination Testing Outbreaks
Transmission Coverage
to help prevent the spread of COVID-19
cdc.gov/coronavirus
1S325431 A 07/06/2021
https://www.cdc.gov/coronavirus/2019-ncov/community/schoolschiklcare/k-12-guidance. html
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Schools are an important part of the infrastructure of communities. They provide safe and supportive learning environments
for students that support social and emotional development, provide access to critical services, and improve life outcomes.
They also employ people, and enable parents, guardians, and caregivers to work. Though COVID-19 outbreaks have occurred
in school settings, multiple studies have shown that transmission rates within school settings, when multiple prevention
strategies are in place, are typically lower than - or similar to - community transmission levels. CDC's science brief on
Transmission of SARS-CoV-2 in K-12 Schools and Early Care and Education Programs summarizes evidence on COVID-19
among children and adolescents and what is known about preventing transmission in schools and Early Care and Education
programs.
However, with COVID-19 cases increasing nationally since mid June 2021, driven by the B.1.617.2 (Delta) variant of SARS-CoV-
2, protection against exposure remains essential in school settings. Because of the highly transmissible nature of this variant,
along with the extent of mixing of vaccinated and unvaccinated people in schools, CDC recommends universal indoor masking
for all students (age 2 years and older), teachers, staff, and visitors to K-12 schools regardless of vaccination status.
Schools should work with local public health officials, consistent with applicable laws and regulations, including those related
to privacy, to determine the additional prevention strategies needed in their area by monitoring levels of community
transmission (i.e., low, moderate, substantial, or high) and local vaccine coverage, and use of screening testing to detect cases
in K-12 schools. For example, with a low teacher, staff, or student vaccination rate, and without a screening testing program,
schools might decide that they need to continue to maximize physical distancing or implement screening testing in addition to
mask wearing.
Schools should communicate their strategies and any changes in plans to teachers, staff, and families, and directly to older
students, using accessible materials and communication channels, in a language and at a literacy level that teachers, staff,
students, and families understand.
Health Equity
Schools play critical roles in promoting equity in learning and health, particularly for groups disproportionately affected by
COVID-19. People living in rural areas, people with disabilities, immigrants, and people who identify as American Indian/Alaska
Native, Black or African American, and Hispanic or Latino have been disproportionately affected by COVID-19; these
disparities have also emerged among children. For these reasons, health equity considerations related to the K-12 setting are
a critical part of decision -making and have been considered in CDC's updated guidance for schools. School administrators and
public health officials can ensure safe and supportive environments and reassure families, teachers, and staff by planning and
using comprehensive prevention strategies for in -person learning and communicating those efforts. Schools can work with
parents to understand their preferences and concerns for in -person learning.
School administrators can promote health equity by ensuring all students, teachers, and staff have resources to support
physical and mental health. School administrators can offer modified job responsibilities for staff at higher risk for severe
illness who have not been fully vaccinated while protecting individual privacy. Federal and state disability laws may require an
individualized approach for working with children and youth with disabilities consistent with the child's Individualized Family
Service Plan (IFSP), Individualized Education Program (IEP), or Section 504 plan. Administrators should consider adaptations
and alternatives to prevention strategies when serving people with disabilities, while maintaining efforts to protect all children
and staff from COVID-19.
Section 1: Prevention Strategies to Reduce Transmission of
SARS-CoV-2 in Schools
CDC recommends that all teachers, staff and eligible students be vaccinated as soon as possible. However, schools have a
mixed population of both people who are fully vaccinated and people who are not fully vaccinated. This requires K-12
administrators to make decisions about the use of COVID-19 prevention strategies in their schools and is why CDC
recommends universal indoor masking regardless of vaccination status at all levels of community transmission.
Together with local public health officials, school administrators should consider multiple factors when they make decisions
about implementing layered prevention strategies against COVID-19. Since schools typically serve their surrounding
communities, decisions should be based on the school population, families and students served, as well as their communities.
The primary factors to consider include:
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• Level of community transmission of COVID-19.
• COVID-19 vaccination coverage in the community and among students, teachers, and staff.
• Strain on health system capacity for the community.
• Use of a frequent SARS-CoV-2 screening testing program for students, teachers, and staff who are not fully vaccinated.
Testing provides an important layer of prevention, particularly in areas with substantial to high community transmission
levels.
• COVID-19 outbreaks or increasing trends in the school or surrounding community.
• Ages of children served by K-12 schools and the associated social and behavioral factors that may affect risk of
transmission and the feasibility of different prevention strategies.
Prevention Strategies
• Promoting vaccination
• Consistent and correct mask use
• Physical distancing
• Screening testing to promptly identify cases, dusters, and outbreaks
• Ventilation
• Handwashing and respiratory etiquette
• Staying home when sick and getting tested
• Contact tracing, in combination with isolation and quarantine
• Cleaning and disinfection
CDC recommends universal indoor masking, physical distancing to the extent possible, and additional prevention strategies to
protect students, teachers, and staff. Schools should not exclude students from in -person learning to keep a minimum
distance requirement; layering multiple prevention strategies is essential when physical distancing of at least 3 feet is not
possible at all times.
1. Promoting Vaccination
COVID-1 9 vaccination among all eligible students as well as teachers, staff, and household members is the most critical
strategy to help schools safely resume full operations.
Vaccination is the leading public health prevention strategy to end the COVID-19 pandemic. People who are fully vaccinated
against COVID-19 are at low risk of symptomatic or severe infection. A growing body of evidence suggests that people who are
fully vaccinated against COVID-19 are less likely to become infected and develop symptoms and are at substantially reduced
risk from severe illness and death from COVID-19 compared with unvaccinated people.
Only a small proportion of fully vaccinated people get infected (breakthrough infections), even with the Delta variant.
Moreover, when these infections occur among vaccinated people, they tend to be milder than among those who are
unvaccinated. However, preliminary evidence suggests that fully vaccinated people who are infected with the Delta variant
can be infectious and can spread the virus to others. To reduce the risk of becoming infected with the Delta variant and
spreading it to others, students, teachers, and school staff should continue to use layered prevention strategies including
universal masking in schools.
Schools can promote vaccinations among teachers, staff, families, and eligible students by providing information about
COVID-19 vaccination, encouraging vaccine trust and confidence, and establishing supportive policies and practices that make
getting vaccinated as easy and convenient as possible.
When promoting COVID-19 vaccination, consider that certain communities and groups have been disproportionately affected
by COVID-19 illness and severe outcomes, and some communities might have experiences that affect their trust and
confidence in the healthcare system. Teachers, staff, students, and their families may differ in their level of vaccine
confidence. School administrators can adjust their messages to the needs of their families and community and involve trusted
community messengers as appropriate, including those on social media, to promote COVID-19 vaccination among people who
may be hesitant to receive it.
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To promote vaccination, schools can:
Composite Exhibit "B"
• Visit vaccines.gov to find out where teachers, staff, students, and their families can get vaccinated against COVID-19 in
the community and promote COVID-19 vaccination locations near schools.
• Encourage teachers, staff, and families, including extended family members that have frequent contact with students, to
get vaccinated as soon as they can.
• Consider partnering with state or local public health authorities to serve as COVID-19 vaccination sites, and work with
local healthcare providers and organizations, including school -based health centers. Offering vaccines on -site before,
during, and after the school day and during summer months can potentially decrease barriers to getting vaccinated
against COVID-19. Identify other potential barriers that may be unique to the workforce and implement policies and
practices to address them. The Workplace Vaccination Program has information for employers on recommended policies
and practices for encouraging COVID-19 vaccination uptake among workers.
• Find ways to adapt key messages to help families, teachers, and staff become more confident about the vaccine by using
the language, tone, and format that fits the needs of the community and is responsive to concerns.
• Use CDC COVID-19 Vaccination Toolkits to educate members of the school community and promote COVID-19
vaccination. CDC's Workers COVID-19 Vaccine Toolkit is also available to help employers educate their workers about
COVID-19 vaccines, raise awareness about vaccination benefits, and address common questions and concerns. HHS also
has an On -site Vaccination Clinic Toolkit G to help community groups, employers, and other host organizations work
directly with vaccine providers to set up vaccination clinics in locations that people know and trust.
• Host information sessions to connect parents and guardians with information about the COVID-19 vaccine. Teachers,
staff, and health professionals can be trusted sources to explain the safety, efficacy, and benefits of COVID-19 vaccines
and answer frequently asked questions.
• Offer flexible, supportive sick leave options (e.g., paid sick leave) for employees to get vaccinated or who have side
effects after vaccination. See CDC's Post -vaccination Considerations for Workplaces,
• Promote vaccination information for parents and guardians, siblings who are eligible for vaccines, and other household
members as part of kindergarten transition and enrollment in summer activities for families entering the school system.
• Provide students and families flexible options for excused absence to receive a COVID-19 vaccination and for possible
side effects after vaccination.
• Work with local partners to offer COVID-19 vaccination for eligible students and eligible family members during pre-
sport/extracurricular activity summer physicals.
2. Consistent and Correct Mask Use
When teachers, staff, and students consistently and correctly wear a mask, they protect others as well as themselves.
Consistent and correct mask use is especially important indoors and in crowded settings, when physical distancing cannot be
maintained.
• Indoors: CDC recommends indoor masking for all individuals age 2 years and older, including students, teachers, staff,
and visitors, regardless of vaccination status.
• Outdoors: In general, people do not need to wear masks when outdoors. CDC recommends that people who are not fully
vaccinated wear a mask in crowded outdoor settings or during activities that involve sustained close contact with other
people. Fully vaccinated people might choose to wear a mask in crowded outdoor settings if they or someone in their
household is immunocompromised.
Exceptions can be made for the following categories of people:
• A person who cannot wear a mask, or cannot safely wear a mask, because of a disability as defined by the Americans
with Disabilities Act (ADA) (42 U.S.C. 12101 et seq.). Discuss the possibility of reasonable accommodation G with
workers who are unable to wear or have difficulty wearing certain types of masks because of a disability.
• A person for whom wearing a mask would create a risk to workplace health, safety, or job duty as determined by the
relevant workplace safety guidelines or federal regulations.
Masks should meet one of the following criteria:
• CDC mask recommendations
NIOSH Workplace Performance and Workplace Performance Plus masks
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During school transportation: CDC's Order applies to all public transportation conveyances including school buses. Passengers
and drivers must wear a mask on school buses, including on buses operated by public and private school systems, regardless
of vaccination status, subject to the exclusions and exemptions in CDC's Order. Learn more here.
Schools should provide masks to those students who need them (including on buses), such as students who forgot to bring
their mask or whose families are unable to afford them. No disciplinary action should be taken against a student who does
not have a mask as described in the U.S. Department of Education COVID-19 Handbook, Volume 1 El .
3. Physical Distancing
Because of the importance of in -person learning, schools should implement physical distancing to the extent possible within
their structures but should not exclude students from in -person learning to keep a minimum distance requirement. In
general, CDC recommends people who are not fully vaccinated maintain physical distance of at least 6 feet from other people
who are not in their household. However, several studies from the 2020-2021 school year show low COVID-19 transmission
levels among students in schools that had less than 6 feet of physical distance when the school implemented and layered
other prevention strategies, such as the use of masks.
Based on studies from 2020-2021 school year, CDC recommends schools maintain at least 3 feet of physical distance between
students within classrooms, combined with indoor mask wearing to reduce transmission risk. When it is not possible to
maintain a physical distance of at least 3 feet, such as when schools cannot fully re -open while maintaining these distances, it
is especially important to layer multiple other prevention strategies, such as screening testing, cohorting, improved
ventilation, handwashing and covering coughs and sneezes, staying home when sick with symptoms of infectious illness
including COVID-19, and regular cleaning to help reduce transmission risk. A distance of at least 6 feet is recommended
between students and teachers/staff, and between teachers/staff who are not fully vaccinated. Mask use by all students,
teachers, staff, and visitors is particularly important when physical distance cannot be maintained.
Cohorting: Cohorting means keeping people together in a small group and having each group stay together throughout an
entire day. Cohorting can be used to limit the number of students, teachers, and staff who come in contact with each other,
especially when it is challenging to maintain physical distancing, such as among young children, and particularly in areas of
moderate -to -high transmission levels. The use of cohorting can limit the spread of COVID-19 between cohorts but should not
replace other prevention measures within each group. Cohorting people who are fully vaccinated and people who are not
fully vaccinated into separate cohorts is not recommended. It is a school's responsibility to ensure that cohorting is done in an
equitable manner that does not perpetuate academic, racial, or other tracking, as described in the U.S. Department of
Education COVID-19 Handbook, Volume 1 CI .
4. Screening Testing
Screening testing identifies infected people, including those with or without symptoms (or before development of symptoms)
who may be contagious, so that measures can be taken to prevent further transmission. In K-12 schools, screening testing can
help promptly identify and isolate cases, quarantine those who may have been exposed to COVID-19 and are not fully
vaccinated, and identify clusters to reduce the risk to in -person education. CDC guidance provides that people who are fully
vaccinated do not need to participate in screening testing and do not need to quarantine if they do not have any symptoms.
Decisions regarding screening testing may be made at the state or local level. Screening testing may be most valuable in areas
with substantial or high community transmission levels, in areas with low vaccination coverage, and in schools where other
prevention strategies are not implemented. More frequent testing can increase effectiveness, but feasibility of increased
testing in schools needs to be considered. Screening testing should be done in a way that ensures the ability to maintain
confidentiality of results and protect student, teacher, and staff privacy. Consistent with state legal requirements and Family
Educational Rights and Privacy Act (FERPA) , K-12 schools should obtain parental consent for minor students and
assent/consent for students themselves.
Screening testing can be used to help evaluate and adjust prevention strategies and provide added protection for schools that
are not able to provide optimal physical distance between students. Screening testing should be offered to students who have
not been fully vaccinated when community transmission is at moderate, substantial, or high levels (Table 1); at any level of
community transmission, screening testing should be offered to all teachers and staff who have not been fully vaccinated. To
be effective, the screening program should test at least once per week, and rapidly (within 24 hours) report results. Screening
testing more than once a week might be more effective at interrupting transmission. Schools may consider multiple screening
testing strategies, for example, testing a random sample of at least 10% of students who are not fully vaccinated, or
conducting pooled testing of cohorts. Testing in low -prevalence settings might produce false positive results, but testing can
provide an important prevention strategy and safety net to support in -person education.
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To facilitate safe participation in sports, extracurricular activities, and other activities with elevated risk (such as activities that
involve singing, shouting, band, and exercise that could lead to increased exhalation), schools should consider implementing
screening testing for participants who are not fully vaccinated. Schools can routinely test student athletes, participants,
coaches, and trainers, and other people (such as adult volunteers) who are not fully vaccinated and could come into close
contact with others during these activities. Schools should consider implementing screening testing of participants who are
not fully vaccinated up to 24 hours before sporting, competition, or extracurricular events. Schools can use different screening
testing strategies for lower -risk sports. High -risk sports and extracurricular activities should be virtual or canceled in areas of
high community transmission unless all participants are fully vaccinated.
Funding provided through the ELC Reopening Schools award is primarily focused on providing needed resources to
implement screening testing programs in schools aligned with the CDC recommendations. Learn more ELC Reopening
Schools: Support for Screening Testing to Reopen & Keep Schools Operating Safely Guidance Et . Resources are available to
support school testing - see Appendix 2: Testing Strategies for COVID-19 Prevention in K-12 Schools.
Table 1. Screening Testing Recommendations for K-12 Schools by Level of Community
Transmission
Students
Teachers and staff
High risk sports and
activities
Low- and
intermediate -risk
sports
Low
Transmission'
Blue
Do not need to
screen students.
Moderate
Transmission
Yellow
Substantial
Transmission
Orange
High
Transmission
Red
Offer screening testing for students who are not fully vaccinated at least
once per week.
Offer screening testing for teachers and staff who are not fully vaccinated at least once per week.
Recommend screening testing for high -risk
sports2 and extracurricular activities3 at least
once per week for participants who are not
fully vaccinated.
Do not need to
screen students
participating in low -
and intermediate -risk
sports.2
Recommend
screening testing for
high -risk sports and
extracurricular
activities twice per
week for participants
who are not fully
vaccinated.
Cancel or hold high -
risk sports and
extracurricular
activities virtually to
protect in -person
learning, unless all
participants are fully
vaccinated.
Recommend screening testing for low- and intermediate -risk sports at
least once per week for participants who are not fully vaccinated.
1 Levels of community transmission defined as total new cases per 100,000 persons in the past 7 days (low, 0-9; moderate 10-
49; substantial, 50-99, high, >_100) and percentage of positive tests in the past 7 days (low, <5%; moderate, 5-7.9%; substantial,
8-9.9%; high, >_10%.)
2 Examples of low -risk sports are diving and golf; intermediate -risk sport examples are baseball and cross country; high -risk
sport examples are football and wrestling.
3High-risk extracurricular activities are those in which increased exhalation occurs, such as activities that involve singing,
shouting, band, or exercise, especially when conducted indoors.
5. Ventilation
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Improving ventilation is an important COVID-19 prevention strategy that can reduce the number of virus particles in the air.
Along with other preventive strategies, including wearing a well -fitting, multi -layered mask, bringing fresh outdoor air into a
building helps keep virus particles from concentrating inside. This can be done by opening multiple doors and windows, using
child -safe fans to increase the effectiveness of open windows, and making changes to the HVAC or air filtration systems.
During transportation, open or crack windows in buses and other forms of transportation, if doing so does not pose a safety
risk. Keeping windows open a few inches improves air circulation.
For more specific information about maintenance, use of ventilation equipment, actions to improve ventilation, and other
ventilation considerations, refer to:
• CDC's Ventilation in Schools and Child care Programs
• CDC's Ventilation in Buildings webpage
• CDC's Ventilation FAQs and
• CDC's Improving Ventilation in Your Home
Additional ventilation recommendations for different types of school buildings can be found in the American Society of
Heating, Refrigerating, and Air -Conditioning Engineers (ASHRAE) schools and universities guidance document G .
Funds provided through the Elementary and Secondary Schools Emergency Relief Programs and the Governor's Emergency
Education Relief Programs can support improvements to ventilation. Please see question B-7 of the U.S. Department of
Education Uses of Funds guidance for these programs.
6. Handwashing and Respiratory Etiquette
People should practice handwashing and respiratory etiquette (covering coughs and sneezes) to keep from getting and
spreading infectious illnesses including COVID-19. Schools can monitor and reinforce these behaviors and provide adequate
handwashing supplies.
• Teach and reinforce handwashing with soap and water for at least 20 seconds.
• Remind everyone in the facility to wash hands frequently and assist young children with handwashing.
• If handwashing is not possible, use hand sanitizer containing at least 60% alcohol (for teachers, staff, and older students
who can safely use hand sanitizer). Hand sanitizers should be stored up, away, and out of sight of young children and
should be used only with adult supervision for children under 6 years of age.
7. Staying Home When Sick and Getting Tested
Students, teachers, and staff who have symptoms of infectious illness, such as influenza (flu) or COVID-19, should stay home
and be referred to their healthcare provider for testing and care, regardless of vaccination status. Staying home when sick
with COVID-19 is essential to keep COVID-19 infections out of schools and prevent spread to others. Schools should also allow
flexible, non -punitive, and supportive paid sick leave policies and practices that encourage sick workers to stay home without
fear of retaliation, loss of pay, or loss of employment level and provide excused absences for students who are sick.
Employers should ensure that workers are aware of and understand these policies. If a student becomes sick at school, see
What to do if a Student Becomes Sick or Reports a New COVID-19 Diagnosis at School. If a school does not have a routine
screening testing program, the ability to do rapid testing on site could facilitate COVID-19 diagnosis and inform the need for
quarantine of close contacts and isolation.
Schools should educate teachers, staff, and families about when they and their children should stay home and when they can
return to school. During the COVID-19 pandemic, it is essential that parents keep children home if they are showing signs and
symptoms of COVID-19 and get them tested.
Getting tested for COVID-19 when symptoms are compatible with COVID-19 will help with rapid contact tracing and prevent
possible spread at schools, especially if key prevention strategies (masking and distancing) are not in use. Some localities
might choose to use testing to shorten quarantine periods.
8. Contact Tracing in Combination with Isolation and Quarantine
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Schools should continue to collaborate with state and local health departments, to the extent allowable by privacy laws and
other applicable laws, to confidentially provide information about people diagnosed with or exposed to COVID-19. This allows
identifying which students, teachers, and staff with positive COVID-19 test results should isolate, and which close
contacts should quarantine.
• Fully vaccinated close contacts should be referred for COVID-19 testing. If asymptomatic, fully vaccinated close contacts
do not need to quarantine at home following an exposure (they can continue to attend school in -person and participate
in other activities). In addition to correctly wearing masks in school, they should wear a mask in other indoor public
settings for 14 days or until they receive a negative test result.
• Close contacts who are not fully vaccinated should be referred for COVID-19 testing. Regardless of test result, they
should quarantine at home for 14 days after exposure. Options to shorten quarantine provide acceptable alternatives of
a 10-day quarantine or a 7-day quarantine combined with testing and a negative test result.
See the added exception in the close contact definition for the exclusion of students in the K-12 indoor classroom who are
within 3 to 6 feet of an infected student with masking. See the Department of Education's Protecting Student Privacy FERPA
and the Coronavirus Disease 2019 E for more information.
Schools should report, to the extent allowable by applicable privacy laws, new diagnoses of COVID-19 to their state or local
health department as soon as they are informed. School officials should notify, to the extent allowable by applicable privacy
laws, teachers, staff, and families of students who were close contacts as soon as possible (within the same day if possible)
after they are notified that someone in the school has tested positive.
9. Cleaning and Disinfection
In general, cleaning once a day is usually enough to sufficiently remove potential virus that may be on surfaces. Disinfecting
(using disinfectants on the U.S. Environmental Protection Agency COVID-19 list a. ) removes any remaining germs on surfaces,
which further reduces any risk of spreading infection.
For more information on cleaning a facility regularly, when to clean more frequently or disinfect, cleaning a facility when
someone is sick, safe storage of cleaning and disinfecting products, and considerations for protecting workers who clean
facilities, see Cleaning and Disinfecting Your Facility.
If a facility has had a sick person or someone who tested positive for COVID-19 within the last 24 hours, clean AND disinfect
the space.
Section 2: Additional Considerations for K-12 Schools
Disabilities or Other Health Care Needs
Provide accommodations, modifications, and assistance for students, teachers, and staff with disabilities and other health
care needs when implementing COVID-19 safety protocols:
• Work with families to better understand the individual needs of students with disabilities.
• Remain accessible for students with disabilities:
- Help provide access for direct service providers (DSP) (e.g., paraprofessionals, therapists, early intervention
specialists, mental health and healthcare consultants, and others). If DSPs who are not fully vaccinated provide
services at more than one location, ask whether any of their other service locations have had COVID-19 cases.
- Ensure access to services for students with disabilities when developing cohorts.
• Adjust strategies as needed
- Be aware that physical distancing and wearing masks can be difficult for young children and people with certain
disabilities (for example, visual or hearing impairments) or for those with sensory or cognitive issues.
- For people who are only able to wear masks some of the time for the reasons above, prioritize having them wear
masks during times when it is difficult to separate students and/or teachers and staff (e.g., while standing in line or
during drop off and pick up).
- Consider having teachers and staff wear a clear or cloth mask with a clear panel when interacting with young
students, students learning to read, or when interacting with people who rely on reading lips.
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_ Use behavioral techniques (such as modeling and reinforcing desired behaviors and using picture schedules, timers,
visual cues, and positive reinforcement) to help all students adjust to transitions or changes in routines.
Please see Guidance for Direct Service Providers for resources for DSPs serving children with disabilities or other health care
needs during COVID-19.
Visitors
Schools should review their rules for visitors and family engagement activities.
• Schools should limit nonessential visitors, volunteers, and activities involving external groups or organizations,
particularly in areas where there is moderate -to -high COVID-19 community transmission.
• Schools should not limit access for direct service providers, but can ensure compliance with school visitor polices.
• Schools should continue to emphasize the importance of staying home when sick. Anyone, including visitors, who have
symptoms of infectious illness, such as flu or COVID-19, should stay home and seek testing and care, regardless of
vaccination status.
Food Service and School Meals
• Staff should wear masks at all times during meal preparation and service, and during breaks except when eating or
drinking.
a Students should wear masks when moving through the food service line.
a Maximize physical distance as much as possible when moving through the food service line and while eating (especially
indoors). Using additional spaces outside of the cafeteria for mealtime seating such as the gymnasium or outdoor
seating can help facilitate distancing. Students should not be excluded from in -person learning to keep a minimum
distance requirement, including during mealtimes.
• Given very low risk of transmission from surfaces and shared objects, there is no need to limit food service approaches
to single use items and packaged meals.
• Clean frequently touched surfaces. Surfaces that come in contact with food should be washed, rinsed, and sanitized
before and after meals.
• Promote hand washing before, after, and during shifts, before and after eating, after using the toilet, and after handling
garbage, dirty dishes, or removing gloves.
a Improve ventilation in food preparation, service, and seating areas.
• U.S. Department of Agriculture has issued several Child Nutrition COVID-19 Waivers. Learn more here El .
Recess and Physical Education
In general, people do not need to wear masks when outdoors (e.g., participating in outdoor play, recess, and physical
education activities). CDC recommends people who are not fully vaccinated wear a mask in crowded outdoor settings or
during activities that involve sustained close contact with other people. Fully vaccinated people might choose to wear a mask
in crowded outdoor settings if they or someone in their household is immunocompromised. Universal masking is
recommended during indoor physical education or recess.
Sports and Other Extracurricular Activities
School -sponsored sports and extracurricular activities provide students with enrichment opportunities that can help them
learn and achieve, and support their social, emotional, and mental health. Due to increased exhalation that occurs during
physical activity, some sports can put players, coaches, trainers, and others at increased risk for getting and spreading COVID-
19. Close contact sports and indoor sports are particularly risky. Similar risks might exist for other extracurricular activities,
such as band, choir, theater, and school clubs that meet indoors.
Prevention strategies in these activities remain important and should comply with school day policies and procedures. People
who are fully vaccinated can refrain from quarantine following a known exposure if asymptomatic, facilitating continued
participation in in -person learning, sports, and extracurricular activities. Students should refrain from these activities when
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they have symptoms consistent with COVID-19 and should be tested. Schools are strongly encouraged to use screening
testing (Table 1) for student athletes and adults (e.g., coaches, teachers, advisors) who are not fully vaccinated who participate
in and support these activities to facilitate safe participation and reduce risk of transmission - and avoid jeopardizing in -
person education due to outbreaks.
Coaches and school sports administrators should also consider specific sport -related risks:
• Setting of the sporting event or activity. In general, the risk of COVID-19 transmission is lower when playing outdoors
than in indoor settings. Consider the ability to keep physical distancing in various settings at the sporting event (i.e.,
fields, benches/team areas, locker rooms, spectator viewing areas, spectator facilities/restrooms, etc.).
• Physical closeness. Spread of COVID-19 is more likely to occur in sports that require sustained close contact (such as
wrestling, hockey, football).
• Number of people. Risk of spread of COVID-19 increases with increasing numbers of athletes, spectators, teachers, and
staff.
• Level of intensity of activity. The risk of COVID-19 spread increases with the intensity of the sport.
• Duration of time. The risk of COVID-19 spread increases the more time athletes, coaches, teachers, staff and spectators
spend in close proximity or in indoor group settings. This includes time spent traveling to/from sporting events,
meetings, meals, and other settings related to the event.
• Presence of people more likely to develop severe illness. People at increased risk of severe illness might need to take
extra precautions.
Section 3: School Workers
Workers at increased risk for severe illness from COVID-19 include older adults and people of any age with certain underlying
medical conditions if they are not fully vaccinated. Workers who have an underlying medical condition or are taking
medication that weakens their immune system may NOT be fully protected even if fully vaccinated and may need to continue
using additional prevention measures. Policies and procedures addressing issues related to workers at higher risk of serious
illness should be made in consultation with occupational medicine and human resource professionals, keeping in mind Equal
Employment Opportunity concerns and guidance El . Employers should also understand the potential mental health strains
for workers during the COVID-19 pandemic. CDC recommends that school administrators should educate workers on mental
health awareness and share available mental health and counseling services. Employers should provide a supportive work
environment for workers coping with job stress and building resilience, and managing workplace fatigue.
As part of each school's response plan, administrators should conduct workplace hazard assessments I i periodically to
identify COVID-19 transmission risks and prevention strategies, when worksite conditions change, or when there are instances
of COVID-19 transmission within the workplace. Strategies to prevent and reduce transmission are based on an approach that
prioritizes the most effective practices, known as the hierarchy of controls. School employers should engage and train all
workers on potential workplace hazards, what precautions should be taken to protect workers, and workplace policies for
reporting concerns. Schools should ensure communication and training for all workers are frequent and easy to understand.
Additionally, schools should ensure communication and training are in a language, format, and at a literacy level that workers
understand.
Workers in K-12 have the right to a safe and healthful workplace. The Occupational Safety and Health Administration (OSHA)
has issued Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace El . This guidance contains
recommendations to help employers provide a safe and healthy workplace free from recognized hazards that are causing, or
are likely to cause, death or serious physical harm. It also contains descriptions of mandatory safety and health standards. If a
worker believes working conditions are unsafe or unhealthful, they or a representative may file a confidential safety and
health complaint CI with OSHA at any time. In states where public sector employers and workers are not covered by OSHA -
approved State Plans, E" there may be agencies that provide public worker occupational safety and health protections and
enforce such workers' rights to safe workplaces. Workers should contact state, county, and/or municipal government entities
to learn more.
Appendix 1: Planning and Preparing
Emergency Operations Plans
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Each school district and school should have an Emergency Operations Plan (EOP) in place to protect students, teachers, staff,
and families from the spread of COVID-19 and other emergencies. The EOP should:
• Describe COVID-19 prevention strategies to be implemented.
• Describe steps to take when a student, teacher, or staff member has been exposed to someone with COVID-19, has
symptoms of COVID-19, or tests positive for COVID-19.
• Document policy or protocol differences for people who are fully vaccinated for COVID-19 versus those who are not fully
vaccinated.
• Be developed in collaboration with regulatory agencies and state, local, territorial, and tribal public health departments,
and comply with state and local licensing regulations.
• Be developed with involvement of teachers, staff, parents and guardians, and other community partners (for example,
health centers).
Utilize the Whole School, Whole Community, Whole Child (WSCC) model to outline EOP policies and protocols across each
component. Tools and resources L' from the U.S. Department of Education can be used by K-12 administrators to develop
and update their EOP.
Vaccination Verification
Existing laws and regulations require certain vaccinations for children attending school. K-12 administrators regularly
maintain documentation of people's immunization records. Administrators who maintain documentation of students' and
workers' COVID-19 vaccination status can use this information, consistent with applicable laws and regulations, including
those related to privacy, to inform prevention strategies, school -based testing, contact tracing efforts, and quarantine and
isolation practices. Schools that plan to request voluntary submission of documentation of COVID-19 vaccination status
should use the same standard protocols that are used to collect and secure other immunization or health status information
from students. The protocol to collect, secure, use, and further disclose this information should comply with relevant statutory
and regulatory requirements, including Family Educational Rights and Privacy Act (FERPA) statutory and regulatory
requirements. Policies or practices related to providing or receiving proof of COVID-19 vaccination should comply with all
relevant state, tribal, local, or territorial laws and regulations.
As part of their workplace COVID-19 vaccination policy, schools should recognize that a worker who cannot get vaccinated due
to a disability (covered by the ADA), has a disability that affects their ability to have a full immune response to vaccination, or
has a sincerely held religious belief or practice (covered by Title VII of the Civil Rights Act of 1964) may be entitled to a
reasonable accommodation that does not pose an undue hardship on the operation of the employer's business. Additionally,
school employers should advise workers with weakened immune systems about the importance of talking to their healthcare
professional about the need for continued personal protective measures after vaccination. For more information on what you
should know about COVID-19 and the ADA, the Rehabilitation Act and other Equal Employment Opportunity Laws visit the
Equal Employment Opportunity Commission CI website.
Appendix 2: Testing Strategies for COVID-19 Prevention in K-
12 Schools
Testing Benefits
School testing gives communities, schools, and families added assurance that schools can open and remain open safely for all
students. By identifying infections early, testing helps keep COVID-19 transmission low and students in school for in -person
learning, sports, and extracurricular activities. Screening testing is likely to be most feasible in larger settings and for older
children and adolescents.
Collaboration between Education and Public Health
Before implementing COVID-19 testing in their schools, K-12 school leaders should coordinate with public health officials to
develop a testing plan and build support from students, parents, teachers, and staff and must ensure that such screening
testing is administered consistent with applicable law, including the Protection of Pupil Rights Amendment (PPRA). COVID-19
testing introduces challenges that schools may not have considered in the past (for example, requirements to perform on -site
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tests and to refer people for confirmatory testing), and public health officials can provide guidance on federal, state, and local
requirements for implementing testing. Both school leaders and public health officials should assure the testing plan has key
elements in place, including:
• Protocols for screening testing frequency based on community transmission rates, vaccination levels, and prevention
strategies implemented at the school.
• Protocols for providing or referring to diagnostic testing for students, teachers, and staff who come to school with
symptoms and for students, teachers, and staff following exposure to someone with COVID-19.
• Physical space to conduct testing safely and privately.
• Ability to maintain confidentiality of results and protect student, teacher, and staff privacy.
• Ways to obtain parental consent for minor students and assent/consent for students themselves.
• A mechanism to report all testing results, to the extent allowable by or consistent with applicable federal, state, or local
laws and regulations, including privacy laws such as FERA, as required by the state or local health department.
• Roles and responsibilities for contact tracing for each party, including identification of close contacts.
If these elements are not in place, schools may consider referring students, teachers, and staff to community -based testing
sites G .
Collaboration among local counsel, education, and public health is recommended to ensure appropriate consent is obtained
and maintained and results are maintained, used, and further disclosed with appropriate privacy and confidentiality in
accordance with the Americans with Disabilities Act (ADA) El , Family Educational Rights and Privacy Act (FERPA) Cl ,
the Protection of Pupil Rights Amendment (PPRA) CI , and other applicable laws and regulations. School administrators who
have questions about FERPA (or PPRA) may contact the Department of Education's Student Privacy Policy Office (SPPO) at
https://studentprivacy.ed.gov CI .
Testing Strategies
Schools may consider testing a random sample of at least 10% of students who are not fully vaccinated or may conduct
pooled testing for COVID-19. Random sampling can reduce costs and eliminate bias in the testing design but may require
more logistics and planning. Pooled testing increases the number of people who can be tested at once and reduces testing
resources used. Pooled testing works best when the number of positives is expected to be very low. Ideally, specimens should
be pooled at the laboratory rather than in the classroom. If the pooled test result is positive, each of the samples in the pool
will need to be tested individually to determine which samples are positive. This allows for faster isolation of cases and
quarantine of close contacts.
More frequent testing may be needed for students, teachers, staff, and adult volunteers who are not fully vaccinated and
engaged in school athletics and other extracurricular activities. Testing at least once per week is recommended for high -risk
sports and extracurricular activities (those that cannot be done outdoors or with masks) at all community transmission levels.
In areas of substantial -to -high community transmission levels, testing twice per week is recommended for participation in
these activities. Additionally, if the school is not tracking COVID-19 vaccination status of participants and support teacher and
staff screening testing should be encouraged.
Fully vaccinated students, teachers, and staff with no COVID-19 symptoms do not need to quarantine at home following an
exposure to someone with COVID-19 but should get tested 5-7 days after exposure. In addition to wearing masks in school,
they should wear a mask in other indoor public settings for 14 days or until they receive a negative test. People who have
tested positive for COVID-19 within the past 3 months and recovered do not need to get tested following an exposure as long
as they do not develop new symptoms. Any fully vaccinated person who experiences symptoms consistent with COVID-19
should isolate themselves from others, be clinically evaluated for COVID-19, and tested for SARS-CoV-2 if indicated.
People with COVID-19 have reported a wide range of symptoms from no or mild symptoms to severe illness. Symptoms may
appear 2-14 days after exposure to the SARS-CoV-2 virus. Because some of the symptoms of flu, common cold, and COVID-19
are similar, it is hard to tell the difference between them based on symptoms alone. Testing can help confirm a diagnosis, and
inform medical treatment and care. Also, testing will confirm the need to isolate from others for at least 10 days and
quarantine close contacts.
Choosing a Test
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When considering which tests to use for screening testing, schools or their testing partners should choose tests that can be
reliably supplied and provide results within 24 hours. If available, saliva tests and nasal tests that use a short swab may be
more easily implemented and accepted in schools. A viral test tells a person if they have a current infection. Two types of viral
tests can be used: nucleic acid amplification tests (NAATs) and antigen tests. Frequency of testing should be determined by
the performance characteristics of the test being used. The intended use of each test, available in the Instructions for Use and
in the Letter of Authorization for each test, defines the population in which the test is intended to be used, the acceptable
specimen types, and how the results should be used.
Reporting Results
Schools performing on -site tests (i.e., that are not sent to a laboratory) must apply for a Clinical Laboratory Improvement
Amendments (CLIA) [./3 certificate of waiver, and report test results to the extent allowable by or consistent with applicable
privacy laws to state or local public health departments and as may be mandated by the Coronavirus Aid, Relief, and
Economic Security (CARES) Act (P.L. 116-136 LiCI ). Schools should work closely with their local health department when
establishing on -site testing so that their performance of CLIA-waived or FDA -authorized point -of -care tests for SARS-CoV-2 is
done in accordance with regulations and should work closely with local counsel to ensure the reporting of test results is done
in accordance with applicable privacy laws and regulations.
Parents, guardians, and caregivers should be asked to report new diagnoses of COVID-19 to schools and public health
authorities to facilitate contact tracing and communication planning for cases and outbreaks. In addition, school
administrators should notify teachers, staff, families, and emergency contacts or legal guardians immediately of any case of
COVID-19 while maintaining confidentiality in accordance with the Health Insurance Portability and Accountability Act of 1996
.(HIPAA CJ ), the Americans with Disabilities Act (ADA G ), the Family Educational Rights and Privacy Act (FERPA CI) and other
applicable laws and regulations. Notifications must be accessible for all students, teachers, and staff, including those with
disabilities or limited English proficiency (for example, through use of interpreters or translated materials).
Ethical Considerations for School -Based Testing
• Testing should be conducted with informed consent from the person being tested (if an adult) or the person's parent or
guardian (if a minor), consistent with applicable state laws related to consent. Informed consent requires disclosure,
understanding, and free choice, and is necessary for teachers, staff (who are employees of a school) and students'
families, to act independently and make choices according to their values, goals, and preferences.
• Consider distributing consent forms with the other paperwork for returning to school and making them easily accessible.
• Differences in position and authority (i.e., workplace hierarchies), as well as employment and educational status, can
affect a person's ability to make free decisions. CDC provides guidance and information related to consent for COVID-19
testing among employees.
• The benefits of school -based testing need to be weighed against the costs, inconvenience, and feasibility of such
programs to both schools and families. These challenges must be considered carefully and addressed as part of plans for
school -based testing developed in collaboration with public health officials. The burden of testing is likely to be higher for
younger children and therefore screening testing may be more feasible and acceptable for older children and
adolescents.
Resources to Support School Screening Testing Programs
• CDC ELC Cooperative Agreement Reopening Schools Award ra provides $10 billion to support COVID-19 screening
testing in schools for safe, in -person learning.
• COVID-19 Testing and Diagnostics Working Group I HHS.gov [l develops testing -related guidance and provides tailored
or focused investments to expand the available testing supply and maximize testing capacity.
• Increasing Community Access to Testing [I] provides COVID-19 testing resources and support to underserved school
districts.
• Operation Expanded Testing expands national COVID-19 testing capacity and support for K-8 schools and groups at
higher risk of COVID-19 through three regional hubs:
- Northeast and South [3
- Midwest G
- West [3
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. National Institutes of Health RADx Initiative II rapidly scales up testing across the country to enhance access to those
most in need and provides a When to Test Ci impact calculator which illustrates how different mitigation strategies can
minimize the spread of COVID-19.
• Shah Family Foundation Open and Safe Schools CI toolkit provides school leaders resources and tools to implement
COVID-19 screening testing.
o Rockefeller Foundation has created a playbook [l with detailed, step-by-step guidance to help design and implement
effective testing programs in schools. It addresses the operational challenges and everyday realities of implementing a
complex, logistical program in an easy -to -understand, practical guide.
® The U.S. Department of Education's COVID-19 Resources for Schools, Students, and Families El provides up-to-date
guidance and policies to support life-long learning while addressing challenges presented by COVID-19.
Last Updated Nov. 5, 2021
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INTRODUCTION 5
GENERAL OVERVIEW 5
INDIVIDUAL AND FAMILY GUIDANCE 5
GENERAL BUSINESS GUIDELINES 6
FACIAL COVERING 6
PHYSICAL DISTANCING 7
BUSINESS OCCUPANCY 7
COMMUNICATION AND SIGNAGE 8
HEALTH AND HYGIENE 8
PLAN ADMINISTRATOR 9
EMPLOYEE TRAINING 9
HEALTH SCREENING 9
SICK EMPLOYEES 10
CLEANING AND DISINFECTING 11
INDUSTRY SPECIFIC RECOMMENDATIONS 11
RETAIL ESTABLISHMENTS 11
FOOD AND BEVERAGE 12
HOTEL AND LODGING 12
PERSONAL CARE AND SALON 13
PLACES OF WORSHIP 13
PARKS AND OUTDOOR RECREATION 13
ENTERTAINMENT AND MEETING VENUES 15
DAY CARE AND YOUTH CAMPS 15
ATHLETIC ACTIVITIES ORGANIZED SPORTS 17
GYMS, STUDIOS, AND FITNESS CENTERS 17
GROCERY AND CONVENIENCE STORES 18
FESTIVALS AND SPECIAL EVENTS 18
RESOURCES 20
Centers for Disease Control and Prevention (CDC) 20
World Health Organization (WHO) 20
Florida Department of Health 20
Handwashing 20
Face covering 20
Cough etiquette 20
Symptoms associated with COVID-19 20
Stop the spread of germs 20
Physical distancing 20
Stay home if you are sick 20
Safe Greetings 20
Florida Department of Education (DOE) 20
Florida Department of Health (FDOH) guidelines 20
Miami -Dade County "New Normal, A Guide for Residents and Commercial Establishments" 20
AIHA, Reopening: Guidance for Childcare Centers, Version 3, July 15, 2020 20
D SAFETY GUIDELINES
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APPENDICES 20
Miami -Dade Communications Materials 20
Screening for COVID-19 Display 20
CDC Guidelines for Visiting Parks and Recreation Facilities 20
Guidance for Businesses and Employers Responding to Coronavirus Disease 2019 (COVID-19) 20
COVID-19 Guidance for Aquatics 20
COVID-19 Guidance for Businesses and Employees 20
OSHA COVID-19 Control and Prevention 20
CDC Guidance Solid Waste and Wastewater Management Workers and Employers 20
OSHA Guidance on Preparing Workplaces for COVID-19 20
OSHA Guidance for Cleaning and Disinfecting 20
CDC Environmental Cleaning and Disinfection Recommendations 20
EPA List of Cleaning Products 20
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LETTER FROM THE MAYOR
Since taking office in November, my top priority has been to protect both lives and
livelihoods as we continue to navigate this pandemic together. My first act as Mayor was
to appoint Miami-Dade's first Chief Medical Officer, Dr. Peter Paige of Jackson Health
System, to help guide a pandemic response grounded in data and science. And we have
continued to prioritize common-sense measures and policies that protect residents,
businesses, and visitors alike while moving our economy forward safely.
The updated guidelines in this guidebook — developed in close collaboration with the
Chief Medical Officer and guided by other medical and industry experts — are based on the latest data about
the spread and impacts of coronavirus. As we pass the one-year mark of this crisis, our scientific understanding
of the virus has evolved, and it's important that our protocols reflect the most current science and available
information. We have worked hard to provide new specific recommendations for visitors to parks and open
spaces and recommendations for business opening, including reviewing detailed protocols for a handful of
specific business categories.
The fundamentals in a sound COVID response have not changed, and that's why it's essential that we continue
taking key actions we know are effective in fighting the spread: wearing masks, maintaining social distance,
and sanitizing frequently. It's thanks to the steps we have taken together that we have already made great
progress, with our positivity rate steadily trending in the right direction. As vaccination ramps up with expanded
supply and eligibility, it's critical that we stay vigilant and remain consistent in following these public health
guidelines to get us safely through the final chapter of the pandemic.
This guidebook is designed to be a useful tool for you, our residents, and we continue to revise and adapt based
on new input, data, and questions from the community. I encourage you to read the complete guidebook, and
to reach out to my team with any feedback or ideas by emailing covidsafetyguidelines@miamidade.gov.
Through all the enormous challenges of the past year, our community has pulled together like never before to
protect one another. I know that our best days are ahead and that we will rebuild from this crisis as a more
united, more resilient Miami -Dade. Thank you to each and every one of our residents for the critical role you
play in getting us over the finish line and helping get back to normal. Please continue to stay safe — and get
vaccinated as soon as possible.
Sincerely,
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Introduction
This guidebook has been prepared for you —the residents, business and commercial establishment owners and
people who operate other facilities throughout Miami -Dade County — to provide information to keep you as
safe as possible during this pandemic. For your reference, the administration of vaccine has allowed Miami -
Dade County to relax and remove the most stringent restrictions and rigid requirements.
Guided by facts about the disease, data review, vaccine availability and business operations provided by
medical and industry experts, the protocols included in this document have been developed by County staff to
guide our community as we thoughtfully continue to reopen our community and allow for activities that have
been suspended or modified due to the COVID-19 pandemic. A dashboard has been developed to provide
interested people with the up-to-date information we have to help us make decisions regarding these protocols
and track the impacts of our actions.
This guidebook is intended to be a dynamic document and we want it to be useful to you. Should you have any
questions or suggestions, please send an email to covidsafetyguidelines(miamidade.gov. We want to be
responsive to our ever -changing and ever -challenging situation.
The top priorities for these guidelines are to promote and protect the health and safety of all staff, residents,
visitors, facility users and patrons. The following key factors were considered:
• Capacity limits and social and physical distancing
• Use of facial covering in the facility
• Increased air filtration and ventilation
• Adherence to CDC and DOH guidance to control spread of germs
• Proper cleaning and disinfecting protocols
• Appropriate staff training, supervision and patron monitoring and reporting.
General Overview
Emergency Order 33-20, the County's new, overarching order for residents, visitors and commercial
establishments, contain mandates that all people in Miami -Dade County are legally required to follow. This
Guidebook provides additional guidance to keep you as safe as possible throughout this pandemic.
Individual and Family Guidance
Any time individuals are gathering with other people, they are at risk of exposure to SARS-CoV-2, the virus that
causes COVID-19. COVID-19 is spread through respiratory droplets produced when an infected person coughs,
sneezes or talks. These droplets can land in the mouths or noses of people who are nearby or possibly be
inhaled into the lungs. People with symptoms and without symptoms can spread the virus.
COVID-19 can lead to serious medical conditions and even death for people of all ages. We cannot predict who
will become severely ill, although we know that older people and people with underlying health conditions are
at higher risk. We do not yet know what the long-term effects of infection from COVID-19 are; even people
with mild cases may experience long-term complications.
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The best way to prevent illness is to avoid being exposed to this virus. The masking, social distancing, and other
safety precautions included in these guidelines reduce the risk of spreading COVID-19, but do not eliminate the
risk entirely. We can all take these actions to protect ourselves, our families, and others throughout our
communities. This applies to people who have already been vaccinated, too.
Always:
• Stay home when sick.
• Stay at least 6 feet apart from other people.
• Wear face coverings while indoors and outdoors.
• Wash your hands often.
• Cover your mouth and nose when you cough or sneeze.
• Don't touch face (mouth, nose, eyes) after touching a surface without washing/sanitizing hands.
General Business Guidelines
The following guidelines are evidence -based practices with universal business application to reduce the
spread of COVID-19 within the community.
Facia! Covering
A. A mask is NOT a substitute for social distancing. Masks must still be worn in addition to staying at
least 6 feet apart, especially when indoors around people who don't live in your household.
B. People age 2 and older must wear a mask while in public settings and when around people who
do not live in their household.
C. Masks must completely cover the nose and mouth and fit snugly against the sides of face without
gaps.
D. Masks must always be worn while in public settings unless you are actively eating or drinking in
designated areas, such as at your seat or physically distanced individual tables.
E. Masks must be worn any time you are traveling on a plane, bus, train, taxi, or other form of
public transportation.
F. Wash your hands with soap and water for at least 20 seconds or use hand sanitizer with at least
60% alcohol after touching or removing your mask.
G. Masks may not be necessary when you are outside by yourself or with people who live in your
household, provided you can maintain a distance of at least 10 feet and have a mask with you to
put on when you encounter other people.
H. Do not wear a mask when doing activities that may get your mask wet, like swimming at the
beach or pool. A wet mask can make it difficult to breathe and may not work as well when wet.
I. Masks must always be worn while in public settings, but if you are unable to wear a mask
because of difficulty breathing during high intensity activities, choose a location with greater
ventilation and air exchange (for instance, outdoors versus indoors) and where you can maintain
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physical distance from others during the activity. If such a location is not available, opt for low -
intensity activities such as walking or yoga that allow for mask wearing.
J. The CDC recommends wearing a mask while dining in a restaurant, particularly indoors and when
speaking with restaurant workers and servers, except when actively eating or drinking. The risk of
COVID-19 spread increases in a restaurant or bar setting as interactions within 6 feet of others
increase.
Physical Distancing
A. Maintain at least 6 feet of physical distance from people not members of the same household.
B. The CDC allows physical distancing to be at least 3 feet for daycare and elementary school age
children in a classroom setting, provided there is universal masking at all times and the adults
continue to maintain the current physical distancing recommendations of at least 6 feet. See CDC
Guidance.
C. Facilities must promote physical distancing by closing or configuring common spaces and high -
density areas where people are likely to congregate.
D. Redesign workstations to allow for at least 6 feet of physical distancing. Use physical partitions to
separate workstations that cannot be spaced out; partitions must be at least 6 feet tall.
E. Employers must configure break rooms to adhere to physical distancing requirements or limit to
using appliances such as coffee makers, refrigerators, or microwaves.
F. Post signs or markers near restrooms to remind people to maintain the appropriate social
distance of at least 6 feet.
G. Establish specific hours for admittance for people at higher risk for severe COVID-19
complications; consider offering virtual services to these members.
H. Encourage use of technological solutions where possible to reduce person to person interaction
(e.g., contactless payment, mobile ordering, and curbside pick-up).
I. Limit the number of individuals riding in an elevator to allow for physical distancing and ensure
the use of face coverings. Use signage to communicate these requirements.
Business Occupancy
A. Businesses may function at full occupancy, provided that the space and configuration can adhere
to physical distancing requirements for all occupants, including workers. If the allowable number
of people creates congregation, congestion or bottlenecking that does not allow for proper
physical distancing, the business must further reduce the number of people it allows to a level
that achieves consistency with these requirements.
B. Businesses must monitor and manage the entries and exits to ensure the maximum occupant
capacity is not exceeded. Businesses may establish a system for advanced reservations or
appointments (e.g. virtual, on-line, app-based, email, will -call) to ensure occupant capacity is not
exceeded.
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C. Limit the number of occupants within a vehicle that allows for at least 3 feet of physical distance
between the driver and all passengers from same household, and between all passengers from
different households. This means that a smaller transport vehicle will only allow for passengers
from a single household, while a larger transport vehicle (e.g., shuttle bus) may allow multiple
households at reduced capacity to allow for sufficient spacing. All occupants must adhere to the
facial masking guidelines. Use the vehicle's ventilation system and windows to exchange fresh air
in from outside the vehicle.
Communication and Signage
A. Post visible signage throughout the site to promote facial covering, physical distancing, frequent
hand washing, respiratory etiquette, and illness reporting.
B. Use audio messages to reinforce physical distancing of at least 6 feet apart from people of
different households or pods.
C. Establish directional pathways to manage guest flow for foot traffic, to minimize contact (e.g.,
one-way entrance and exit to rooms, one-way pathways). Post clearly visible signage regarding
these policies.
D. Post CDC signage in publicly trafficked locations emphasizing measures to "Stop the Spread of
Germs" (CDC) and exercise social responsibility (e.g., hygiene).
Health and Hygiene
A. Provide access to handwashing facilities or hand sanitizer at each entry/exit and throughout the
facility to encourage handwashing and minimize crowding, congestion, and lines. Workers must
wash or sanitize their hands upon entering or exiting the facility. Use soap and water for at least
20 seconds or an alcohol -based hand sanitizer that contains at least 60% alcohol to clean hands
until the sanitizer evaporates.
B. Require workers to wash hands frequently and effectively when they arrive at work, leave their
workstations for breaks and use the bathroom; before and after they eat or drink or use tobacco
products; and after touching any surfaces suspected of being contaminated.
C. Provide supplemental hand sanitizer stations, wipes or towelettes, or clean water and soap in
portable containers to facilitate more frequent handwashing after handling objects touched by
others. Ensure each site has appropriately placed trash receptacles.
D. Ensure workers use proper respiratory hygiene and cough etiquette while at the facility. Cover
mouth and nose with a tissue when coughing or sneezing. Dispose of tissue in nearest waste
basket after use. Perform handwashing with soap and water or use alcohol -based hand sanitizer
that contains at least 60% alcohol to clean hands.
E. Shared equipment must be sanitized before, during and after each shift or anytime the
equipment is transferred between workers.
F. Shared work vehicles must be sanitized before, during and after each shift or anytime the vehicle
is transferred between workers.
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G. Water fountains are open, provided frequent cleaning is scheduled throughout the day. The use
of a touchless water -filling station to fill bottles or using disposable cups is preferred.
H. Any equipment used during personal training sessions must be sanitized after each use, or at the
end of the session if the client was the only person who used the equipment during the session.
I. Food and beverages must only be consumed while seated in designated areas while indoors.
J. Utensils and place settings must be either single -use or sanitized after each use; utensils must be
rolled or packaged. Tables must not be pre-set to reduce opportunity for exposure.
K. Self -serve food and beverage stations must comply with the following guidelines:
1. A physical barrier such as a sneeze guard must be in place.
2. Hand sanitizer must be made available for customers to use prior to serving self and
attendants must supervise customers' appropriate use.
3. Only straws and stirrers individually wrapped in cellophane or paper are allowed.
4. Containers must be from single pull dispenser or other method to minimize contact.
5. Condiments must be individual packets.
Plan Administrator
A. Designate one person from your leadership team or staff to be the "Plan Administrator" to
prepare, evaluate, monitor, execute, and update the plan.
B. The plan must be posted onsite in an easily accessible location so all leadership, staff, and
volunteers can easily review it.
Employee Training
A. Provide training to workers on up-to-date safety information and aimed at reducing disease
transmission. Employees must know:
1. The signs, symptoms, and risk factors associated with COVID-19 illness.
2. How to prevent the spread of the coronavirus at work; including steps being taken in the
workplace to establish physical distancing, frequent handwashing, and other precautions.
3. The importance of hand washing and how to effectively wash hands with soap and water
for at least 20 seconds.
4. Proper respiratory etiquette, including covering coughs and sneezes and not touching
eyes, noses, or mouths with unwashed hands or gloves.
Health Screening
A. Employers must perform Health Screening for all workers entering the business and establish
procedures for addressing people who are potentially infectious. This can be done remotely or in
person.
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B. In -person screening must be carried out in a way that maintains physical distancing of workers in
a designated screening area. Workers must not enter the worksite past the screening area if any
of the following are present:
1. Symptoms of COVID-19
2. Fever of 100.4 degrees Fahrenheit (°F) or higher or report feeling feverish
3. Undergoing evaluation for SARS-CoV-2 infection (such as pending viral test)
4. Diagnosis of SARS-CoV-2 infection in the prior 10 days
5. Close contact to someone with SARS-CoV-2 infection during the prior 14 days
C. Employees who appear to have symptoms upon arrival at work or who become sick during the
day must immediately be separated from other employees, customers, and visitors, and sent
home.
D. Employer must have a procedure in place for the safe transport of an employee who becomes
sick while at work. The employee may need to be transported home or to a healthcare provider.
Sick Employees
A. Require sick workers to stay home or go home if they feel or appear sick.
B. Encourage workers who test positive for COVID-19 to disclose to the employer for purposes of
cleaning/disinfecting and contact tracing.
C. Maintain a log of workers and attendees to support contact tracing (name, date, time, contact
information).
D. Any business that has a worker who tests positive must follow CDC Guidelines for quarantine,
isolation, and cleaning disinfection. The employer must immediately notify the Florida
Department of Health (FDOH) of any positive case.
E. Contact Tracing
1. To the extent possible, employers must retrace the activities of the infected employee
and notify any co-workers who might have had contact with that person in the days
before the diagnosis. The CDC has determined that COVID-19 exposure risk begins when
someone is within 6 feet of the infected person for 15 minutes over a 24-hour
period. The agency also notes that infected people can spread the virus 48 hours before
the onset of symptoms.
2. Refer all employees with documented exposure for testing and quarantine until cleared to
return.
3. Under no circumstances shall an employee or contractor who tested positive report to
work at an establishment until that employee is cleared by a medical professional as being
COVID-19 free "not transmissible."
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F. Employers do not need to require a negative COVID-19 test before employees return to work.
Refer to CDC guidelines.
1. Those who never develop symptoms can end isolation 10 days after testing positive.
2. Those who developed mild symptoms can end isolation after 10 days if at least 24 hours
have passed without fever reducing agents and other symptoms have improved.
3. Those who developed severe symptoms or immunosuppressed may need to continue
isolation for a full 14 days or longer.
Cleaning and Disinfecting
A. Conduct frequent cleaning and disinfection of site (at least daily and more frequently if feasible).
B. Clean commonly touched surfaces in restrooms (e.g., toilet seats, doorknobs, stall handles, sinks,
paper towel dispensers, soap dispensers) frequently and in accordance with CDC guidelines.
C. Conduct frequent disinfecting of heavy transit areas and high -touch surfaces (e.g., doorknobs,
bathrooms, baskets, carts, staff break rooms).
D. Maintain a Cleaning Log that includes date, time, and scope of cleaning.
E. All hotels must maintain regular daily housekeeping practices and use EPA approved cleaning
solutions only.
F. In the event of a positive case, follow current CDC guidance on cleaning and disinfecting areas
when someone has a COVID-19 diagnosis.
G. Increase ventilation, intake of outdoor air and exhaust of indoor air, to reduce the concentration
of virus particles in indoor air.
1. Open windows and doors to increase airflow where possible.
2. Increase the percentage of outdoor air through the HVAC system, readjusting or
overriding recirculation dampers.
3. Try to keep the humidity between 40% and 60%.
4. Run air handling systems for longer hours, including before and after the space is
occupied.
Industry Specific Recommendations
Retail Establishments
A. Encourage the use of home delivery, curbside pickup, or arrange limited "appointment only
shopping" for customers.
B. Retailers may allow single -use sampling of personal goods (makeup, perfume, lotion) or using a no -
touch option.
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C. Consider reducing store hours to allow for proper cleaning and stocking.
D. Consider special store hours for seniors and vulnerable guests.
E. Consider creating shift work groups to ensure easier tracking and tracing and design no overlap shifts.
F. Consider using steam to sanitize items that have been tried on or returned by customers.
Food and Beverage
A. Designate assigned working areas to workers where possible to limit movement throughout the
restaurant and limit contact between workers (e.g., assigning zones to servers).
B. Change restaurant and bar layouts to ensure that all customer parties remain at least 6 feet apart
(e.g., removing tables/stools/chairs, marking tables/stools/chairs that are not for use).
C. Offer drive -through, curbside take out, or delivery options as applicable. Prioritize outdoor seating as
much as possible.
D. Ensure adequate supplies to minimize sharing of high -touch materials (e.g., serving spoons) to the
extent possible; otherwise, limit use of supplies and equipment by one group of workers at a time
and clean and disinfect between use.
E. Avoid using or sharing items that are reusable, such as menus, condiments, and any other food
containers. Instead, use disposable or digital menus (menus viewed on cellphones), single -serving
condiments, and no -touch trash cans and doors.
F. Use touchless payment options as much as possible, if available. Ask customers and employees to
exchange cash or card payments by placing on a receipt tray or on the counter rather than by hand to
avoid direct hand to hand contact. Clean and disinfect frequently touched surfaces such as counters,
or hard surfaces between uses. If pens are needed for some purposes, disinfect between uses and/or
encourage customers to use their own pens.
G. Consider using disposable food service items (e.g., utensils, dishes, napkins, tablecloths). Change and
launder linen items (e.g., napkins and tablecloths) after each customer or party's use. Employees
should wash their hands after removing their gloves or after handling used food service items.
Hotel and Lodging
A. Minimize shared touch surfaces such as kiosks, tablets, pens, credit cards, receipts and keys.
B. Guest room service, laundry and dry-cleaning services, and amenity deliveries should be made
available using contactless pick-up and delivery protocols.
C. Remove or limit paper amenities in guest rooms. Remove pen, paper and guest directory, magazines
and brochures; supplement with digital material or make materials available upon request.
D. Valets should be provided with hand sanitizer and should use sanitizer before and after parking
vehicles.
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E. Hotels who participate in the training offered by the Hospitality Employees Advancement and
Training (HEAT) program will recall displaced employees based on their length of service before hiring
new employees.
Personal Care and Salon
A. Service Providers and Artists should wear aprons.
B. Customers to wear face masks (coverings may be removed for a short time when necessary to
perform face services as instructed by groomer/stylist).
C. Discard old magazines and other non -essential items in the waiting area that cannot be disinfected.
D. Empty wax pots, completely clean and disinfect, and refill with new wax.
E. All clean linens should be stored in closed covered cabinets.
Places of Worship
A. Consider both limiting seating to alternate rows and assigning seating in advance.
B. Shorten services to limit the length of time congregants/visitors spend at facilities whenever possible.
C. Consider scheduling additional times for services or meetings (per day or per week) so fewer guests
attend at one time.
D. Consider using ushers to help people find places to sit and stand that are at least 6 feet apart from
other guests/household groups. Develop and communicate a plan to welcome and dismiss
congregants/visitors from seating areas, altars, podiums, and meeting rooms in an orderly way to
maintain physical distancing and minimize crossflow of traffic.
E. Avoid assembly line type greetings at the beginning or conclusion of services. Ask
congregants/visitors to arrive and leave in a single household group to minimize crossflow of people.
F. Limit touching for religious purposes, such as shaking hands or holding hands, to members of the
same household.
G. Take steps to ensure limited attendance at gatherings that encourage congregants/visitors to travel
and break physical distances, such as concerts and large holiday and life event celebrations and
remembrances. Discontinue these activities whenever possible.
H. Children should remain in the care of those in their household unit and not interact with children of
other parties at any time while visiting facilities. Close play areas and discontinue activities and
services for children where physical distancing of at least 6 feet cannot be maintained.
Parks and Outdoor Recreation
A. Picnic and Shelter areas are open, provided appropriate use of approved facial covering, frequent use
of hand hygiene, and at least 6 feet of social distancing is maintained between people from different
households. Group size shall not exceed the capacity to safely accomplish social distancing at any
time. If multiple groups are in a similar space or area, each group is to be physically separated from
other groups to accomplish social distancing at all times.
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B. Open Grills may be used, provided appropriate use of approved facial covering, frequent use of hand
hygiene, and at least 6 feet of social distancing is maintained between people from different
households. Group size shall not exceed the capacity to safely accomplish social distancing at any
time. If multiple groups are in a similar space or area, each group is to be physically separated from
other groups to accomplish social distancing at all times.
C. Playgrounds are open, provided appropriate use of approved facial covering, frequent use of hand
hygiene, and at least 6 feet of social distancing is maintained between people from different
households. Group size shall not exceed the capacity to safely accomplish social distancing at any
time. If multiple groups are in a similar space or area, each group is to be physically separated from
other groups to accomplish social distancing at all times.
D. Vehicle parking capacity shall be 100% capacity. Guests are to observe facial covering and social
distancing principles. Do not congregate in parking areas.
E. Organized group activities and athletics will be permitted, provided that appropriate use of approved
facial covering, frequent use of hand hygiene, and at least 6 feet of social distancing is maintained
between people from different households. Group size shall not exceed the capacity to safely
accomplish social distancing at any time. If multiple groups are in a similar space or area, each group
is to be physically separated from other groups to accomplish social distancing at all times.
F. Canopies and tents are allowed, provided appropriate use of approved facial covering, frequent use
of hand hygiene, and at least 6 feet of social distancing is maintained between people from different
households. If multiple groups are in a similar space or area, each group is to be physically separated
from other groups to accomplish social distancing at all times.
G. Fishing shall be allowed, provided appropriate use of approved facial covering, frequent use of hand
hygiene, and at least 6 feet of social distancing is maintained between people from different
households. Group size shall not exceed the capacity to safely accomplish social distancing at any
time. If multiple groups are in a similar space or area, each group is to be physically separated from
other groups to accomplish social distancing at all times.
H. Practice facilities may open with an operational capacity, provided adherence with approved facial
covering, frequent hand hygiene, and social distancing policies.
I. Individual instruction, team instruction and competitions may resume, provided adherence with
approved facial covering, frequent hand hygiene, and social distancing policies.
J. Golf cart pairings of two riders are allowed, provided appropriate use of facial covering is maintained
between people from different households. Golf cart and any rental equipment will be cleaned and
disinfected after each use.
K. Clubhouses may open at operational capacity adhering to social distancing, cleaning, and staffing
safety protocols. Food and beverage operations may open in accordance with guidance in the
guidebook for Food and Beverage.
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L. Beverage Cart staff will wear facial coverings at all times. Only cart attendant will distribute items
from the cart. Enhanced sanitation protocols are in place. All food items are individually wrapped and
served to guests. Beverages in cans or other closed containers only.
M. Locker room use (restrooms, changing clothes, and assigned locker use, etc.) is allowed, provided
that facial covering, hand hygiene, and appropriate social distancing polices are adhered to. Towels
should be changed and used towels sent for laundering after each guest use.
Entertainment and Meeting Venues
A. Establish staggered admission -times to minimize overlap and congregating of patrons at checkpoints
(e.g., access points, security checkpoints, admission areas, turnstiles, concession areas). Consider
prescheduling individually assigned arrival times (e.g., seating furthest from entrances permitted to
enter earlier).
B. For venues hosting multiple events, stagger event times to minimize patrons from different events
arriving and congregating with one another.
C. Assign a number of ushers, monitors, and/or security personnel necessary to facilitate orderly
screening and entry into the venue, and to effectively monitor and maintain social distancing
throughout the process.
D. Assigned seats should be delineated by marking, labeling, or taping seating or tabletop areas, or
identifying seat assignments.
E. Delineate seating areas used by groups to maintain physical distancing of at least 6 feet at all times
between members of different groups.
F. Provide staggered seating to ensure proper social distancing and ensure patrons and/or groups are
not seated directly next to, in front of or behind other patrons and/or groups.
G. Keep aisle -seats and space around aisles and pathways open as to ensure proper social -distancing
from people walking up and down aisles.
H. Use app-based ordering to minimize patrons having to wait in line, linger and congregate in
concession and merchandise areas.
Day Care and Youth Camps
A. The CDC allows physical distancing to be at least 3 feet for daycare and elementary school age
children in a classroom setting, provided there is universal masking at all times and the adults
continue to maintain the current physical distancing recommendations of at least 6 feet. See CDC
Guidance.
B. Establish controlled means of entrance and egress to limit interaction amongst individuals and
maintain social distancing:
1. Limit entry to facility to one adult per child.
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2. Modify access to facility to prevent inadvertent interaction between arriving and departing
adults and children. See CDC guidance, updated on 31 December 2020. Stagger start and end
times of activities and programs to reduce peak traffic. Avoid creating a peak -traffic point at
any time during operations including end and closing of shifts.
3. Suspend visits and tours of facilities for anyone other than children served and staff during
operational hours. Allow staff from DCF, DOH, and other regulatory entities to inspect facilities
and provide technical support when necessary.
4. All cleaning and disinfecting materials should be kept secure and out of reach of children.
5. Cleaning and disinfecting products should not be used near children, and staff should ensure
that there is adequate ventilation when using these products to prevent children from inhaling
toxic fumes.
6. CDC Guidance for Cleaning and Disinfecting (updated 21 December 2020):
C. Require that each child has their own set of materials. Prohibit sharing of items between children as
much as possible.
D. Clean and disinfect each item before and between uses.
E. Inform parents that children should leave toys and blankets and their comfort items at home to reduce
the introduction of new objects. Accommodations should be made for children with disabilities or
special needs.
Parent Drop -Off and Pick -Up
A. If possible, greet children outside or at the door as they arrive. In case of inclement weather, parents
should stay in their vehicles and staff should notify when the first station is available for them to start
their drop off process.
B. Limit drop-off and pick up to no more than 5 minutes. Discourage families from being sidetracked and
socializing.
C. Consider staggering arrival and drop off times and plan to limit direct contact with parents as much as
possible.
D. Encourage families to use the same adult for both drop-off and pick up whenever possible. If possible,
older people such as grandparents over 65 years old or those with serious underlying medical
conditions should not pick-up children because they are more at risk for severe illness from COVID-19.
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E. Require adults to wear a face covering and maintain social distancing at all times while inside the
childcare setting and do not allow entry into the childcare space, such as the classroom.
F. Caregivers and staff should not engage in hand shaking, hugging, or other physical contact.
G. Assign a designated area for strollers/car seats which are to remain outside classrooms.
Athletic Activities Organized Sports
A. Sports organizers should prohibit access to locker rooms whenever possible. Participants should
arrive to the venue dressed for play. If locker rooms and showers are a necessity, sports organizers
should require all entrants to wear a face covering at all times and the space should be configured
with signage, tape, and other markings to ensure participants can maintain 6 feet social distance at
all times.
B. Sports organizers should designate an area for spectators with existing seating (e.g., bleachers) or in
space around the area of play. Organizers should ensure there is space available so that spectators
can maintain at least 6-feet social distance between themselves and spectators that are not members
of the same household or party.
C. Sports organizers or venues should configure space to ensure there is at least 30 feet between
spectators and participants or, in case 30 feet is not practicable for the venue, spectators are seated
on the opposite side of the playing space (e.g., field, court) from participants not actively engaged in
play and at a distance of least 12 feet from participants.
D. Sports organizers and venues that provide concessions should follow Restaurant and Bar guidelines
for all food and beverage.
E. If practical, sports organizers and venues should expand seating beyond current capacity (e.g.,
bleachers, stands) by utilizing any available field or court space to encourage social distancing
between spectators. a. Use portable seating from other activity areas. b. Encourage spectators to
bring their own seating (e.g., chairs) from home.
F. Sports organizers should stream practices and games online, when possible, to promote virtual
spectating.
Gyms, Studios, and Fitness Centers
A. Encourage outdoor exercise, classes, sessions, etc. where possible, so long as appropriate physical
distancing is maintained at all times and any equipment used is sanitized after each use.
B. Personal trainers should maintain 6 feet of distance from clients to the extent possible and should
minimize any prolonged close contact.
C. Require customers to sign up for classes in advance.
D. Limit employees to discrete work zones to minimize overlap where possible.
COVID SAFETY GUIDELINES
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E. Schedule 30-minute windows between classes to allow for thorough cleaning and appropriate
ventilation of the fitness room, and to discourage congestion.
F. Clearly designate staff responsible for sanitizing, cleaning, and supervision during each shift.
G. Close or mark lockers to enforce 6 feet social distancing, especially in locker rooms. Lockers should be
sanitized after each use. Gyms should provide sanitizing wipes near the lockers or in the locker room.
H. Social distancing of at least 6 feet is required for all individuals in shower and locker room areas.
I. Consider setting aside specific hours of operation exclusively for vulnerable populations.
J. Require that towels be stored in clearly labeled (clean vs. soiled) sanitary containers. Appropriate
temperatures shall be used when washing and drying towels. Employees should wear proper
protective equipment (gloves and face covering) while handling towels. Towels should not be shaken
out.
Grocery and Convenience Stores
A. Have the same groups of employees work together when possible.
B. Institute no -touch payment methods and practices.
C. Relocate electronic payment terminals away from the cashier to increase the distance between
customer and cashier.
D. Reduce store hours to allow for proper cleaning and stocking.
E. Schedule stocking and deep cleaning when the business is not open for customers.
F. Separate cashiers by opening every other register.
G. Mark 6 feet between cashiers and customers in check-out lanes.
H. Install barriers, guards, or partitions where customers and workers interact.
Festivals and Special Events
A. Site Control
1. Controlled ingress and egress are critical during initial reopening of community festivals and
events. Ingress/egress points will vary greatly dependent upon unique footprints, but several
standard considerations will apply to many events.
2. Strong considerations to gated entry are highly encouraged. Many community events are
free and open to the public. However, this greatly limits an event's ability to control crowd
capacities, and enforce any new safety guidelines.
3. Gated points of entry should consider all possible touch points, including, but not limited to:
temporary barricades, tickets, wristbands, hand stamps, ID checks, bag searches, check -in
tables, metal detectors, etc.
4. Consider ways to move all admission procedures to online, virtual or touchless procedures.
COVID SAFETY GUIDELINES
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5. Consider how you record admission to control capacity.
6. Consider the speed at which attendees can be safely granted entry and how to maintain
proper social distancing while waiting in lines.
7. Prioritize advanced, cashless, admission sales.
8. Consider implementing a no -bag or clear -bag policy to eliminate bag checks.
9. Create one-way ingress/egress points.
10. Create "pedestrian flow" within event sites.
B. Food and Beverage
1. Space vendors throughout your site to eliminate food and beverage gathering points.
2. Eliminate food and beverage seating unless your footprint allows for proper table and seating
spacing and you provide sanitation and cleaning attendants of tables and chairs.
3. Condiments should be served with food orders or only at attendees' request, in disposable
single -use packages. Open condiment service buffets should not be used.
4. Utensils should be disposable in nature and provided to attendees individually. Straws,
stirrers, napkins and cutlery dispensers should not be used.
5. Follow ingress/egress protocols and have clearly designated entry and exit points.
6. Food and beverage samplings are discouraged at this time.
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Resources
Centers for Disease Control and Prevention (CDC)
World Health Organization (WHO)
Florida Department of Health
Handwashing
Face covering
Cough etiquette
Symptoms associated with COVID-19
Stop the spread of germs
Physical distancing
Stay home if you are sick
Safe Greetings
Florida Department of Education (DOE)
Florida Department of Health (FDOH) guidelines
Miami -Dade County "New Normal, A Guide for Residents and Commercial Establishments"
AIHA, Reopening: Guidance for Childcare Centers, Version 3, July 15, 2020
Appendices
Miami -Dade Communications Materials
Screening for COVID-19 display
CDC Guidelines for Visiting Parks and Recreation Facilities
Guidance for Businesses and Employers Responding to Coronavirus Disease 2019 (COVID-19)
COVID-19 Guidance for Aquatics
COVID-19 Guidance for Businesses and Employees
OSHA COVID-19 Control and Prevention
CDC Guidance Solid Waste and Wastewater Management Workers and Employers
OSHA Guidance on Preparing Workplaces for COVID-19
OSHA Guidance for Cleaning and Disinfecting
CDC Environmental Cleaning and Disinfection Recommendations
EPA List of Cleaning Products
COVID SAFETY GUIDELINES Page 1 20
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Exhibit "C"
Programming Partner's Board of Trustees/Directors Resolution of November 10, 2021
Page 10 of 11
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CORPORATE RESOLUTIONS OF
THE BOARD OF DIRECTORS OF
FLORIDA FILM HOUSE INTERNATIONAL INC.
Authorizing the COVID-19 Attachment in connection with the Programming Agreement with
the City of Miami
Date: November 10, 2021
WHEREAS, the Board of Directors (the "Board") of Florida Film House International,
Inc. (the "Corporation") previously adopted that certain resolution dated October 26, 2021,
authorized the programming agreement (the "Programming Agreement") with the City of Miami
(the "City") to conduct its 1st Take Youth Film Program at the D.A. Dorsey Memorial Library,
located at 100 NW 17th Street, Miami, FL 33136 ("Park").
WHEREAS, the City requires the Corporation to conduct its programming in accordance
with the regulations and guidelines concerning the novel coronavirus ("COVID-19 pandemic"),
as set forth in the "COVID-19 Attachment to Programming Agreement" (the COVID-19
Attachment"), attached hereto as Exhibit "A."
WHEREAS, the Board hereby acknowledges receipt of the COVID-19 Attachment and
certifies that it has:
1. Reviewed the COVID-19 Pandemic Information and Guidelines and reviewed the
COVID-19 Pandemic Information and Guidelines and such other information as the
Board deemed pertinent.
2. Reviewed the PARENT/LEGAL GUARDIAN FOR MINOR
CHILD'S/CHILDREN'S PARTICIPATION AGREEMENT, GENERAL
ACKNOWLEDGMENT OF RISKS, AND WAIVER/RELEASE OF LIABILITY
RELATED TO THE NOVEL CORONAVIRUS/COVID 19 AND GENERAL CITY
OF MIAMI PARK FACILITIES AND ACTIVITIES ("City Program Partners
Release/Waiver Agreement Form"), required by the City to be completed by the
parent/legal guardian of each child for attendance at and participation in
programming to be operated by the Corporation at the Park,
3. Reviewed the COVID-19 Attachment, including the release/waiver of liability of the
City, its employees, officials, agents, representatives, and volunteers.
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4. Voluntarily and independently reviewed the risks inherent in allowing the
Corporation, its Board members, employees, officials, agents, representatives, and
volunteers, and the related risks to their respective households, in order for the
Corporation to use, undertake, and conduct programming to be operated by the
Corporation at the Park, during this time of the COVID-I 9 Pandemic
5. Reiterated to the City the request to allow the Corporation to use, undertake and
conduct programming to be operated by the Corporation at the Park during the
continuing COVID-I 9 Pandemic.
WHEREAS, the Board deems it advisable and in the best interests of the Corporation to
authorize the COVID-19 Attachment, in connection with the Programming Agreement.
NOW 1HEREFORE, BE IT RESOLVED, that the COVID-1 9 Attachment presented
to the Board of Directors in the form of Exhibit A is hereby approved, and the President of this
Corporation is authorized and instructed, for and in the name of this Corporation, to execute and
deliver such COVID-19 Attachment in substantially the form that was presented to the Board of
Directors as contained in Exhibit A, with such changes thereto as the President shall approve,
such approval to be conclusively evidenced by the execution and delivery thereof.
RESOLVED, that the President of this Corporation is hereby authorized to do and
perform any and all such acts, including execution of any and all documents and certificates, as
the President shall deem necessary or advisable, to carry out the purposes and intent of the
foregoing resolutions.
RESOLVED, that any actions taken by such officers prior to the date of the foregoing
resolutions adopted hereby that are within the authority conferred thereby are hereby ratified,
confirmed and approved as the acts and deeds of this corporation.
CERTIFICATION
The undersigned, as Secretary of the Corporation, hereby certifies that these Resolutions
were enacted by the Board of Directors of this Corporation at a proper meeting on November 10,
2021, with a quorum being present. The Secretary further certifies that the foregoing Resolutions
remain in hill force and effect, have not been rescinded or modified, and conform with any
relevant provisions of the articles of incorporation and by-laws of this Corporation, and that the
above -mentioned officers of this Corporation continues to hold such title and continues to be
empowered to act within the authority prescribed in the Resolutions.
Doc ID: 3d8f718f4dd387b10eec58b6110baa95c40958a4
Exhibit "D"
City Program Partners Release/Waiver Agreement Form
Page 11 of 11
Doc ID: 3d8f718f4dd387b10eec58b6110baa95c40958a4
Programming Partners Youth Homework Assistance Services for Florida Film House International Inc, a Florida
not -for -profit organization ("Programming Partner"), located at Dorsey Memorial Library, Miami, Florida, beginning
August 23 ,2021 and approximately ending June 8th, 2022.
PARENT/LEGAL GUARDIAN FOR MINOR CHILD'S/CHILDREN'S PARTICIPATION AGREEMENT, GENERAL
ACKNOWLEDGMENT OF RISKS, AND WAIVER/RELEASE OF LIABILITY RELATED TO THE NOVEL
CORONAVIRUS/COVID 19 AND GENERAL CITY OF MIAMI PARK PROGRAMMING PARTNERS YOUTH
HOMEWORK ASSISTANCE SERVICES (COLLECTIVELY, "AGREEMENT")*
NOTICE TO THE MINOR CHILD'S/CHILDREN'S NATURAL
GUARDIAN/PARENT OR LEGAL GUARDIAN:
PLEASE READ THIS AGREEMENT COMPLETELY AND
CAREFULLY BEFORE SIGNING. THIS AGREEMENT IS INTENDED
TO BE A LEGAL DOCUMENT AND WHEN SIGNED HAS LEGAL
CONSEQUENCES FOR THE SIGNER, MINOR CHILD/CHILDREN
IDENTIFIED BELOW, AND HOUSEHOLD MEMBERS.YOU ARE
AGREEING TO LET YOUR MINOR CHILD/CHILDREN ENGAGE IN A
POTENTIALLY DANGEROUS ACTIVITY(IES). YOU ARE AGREEING
THAT, EVEN IF PROGRAMMING PARTNER ON BEHALF OF THE
CITY OF MIAMI, FLORIDA ("CITY"), AND THEIR RESPECTIVE
EMPLOYEES, AGENTS, OFFICIALS, REPRESENTATIVES, AND
VOLUNTEERS USE REASONABLE CARE IN PROVIDING
THIS/THESE ACTIVITY(IES), THERE IS A CHANCE YOUR
CHILD/CHILDREN MAY DEVELOP SERIOUS ILLNESS OR NOVEL
CORONAVIRUS ("COVID-19") COMPLICATIONS, AND/OR
BECOME SERIOUSLY INJURED, PERMANENTLY DISABLED, OR
KILLED BY PARTICIPATING IN THIS/THESE ACTIVITY(IES)
BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE
ACTIVITY(IES) WHICH CANNOT BE AVOIDED OR ELIMINATED. BY
SIGNING THIS AGREEMENT YOU ARE GIVING UP YOUR
CHILD'S/CHILDREN'S RIGHT(S) AND YOUR RIGHT TO RECOVER
FROM PROGRAMMING PARTNER, THE CITY, AND THEIR
Page 1 of 5 Parent/Legal Guardian Initials:
* This document has been translated from English into various languages and each shall have the same
force and effect and be binding on the parties. However, if there is any conflict between the English
version and the translated version, the English version shall prevail.
Doc ID: 3d8f718f4dd387b10eec58b6110baa95c40958a4
RESPECTIVE EMPLOYEES, AGENTS, OFFICIALS,
REPRESENTATIVES, AND VOLUNTEERS IN A LAWSUIT FOR ANY
ILLNESS, COVID-19 COMPLICATIONS, PERSONAL INJURY,
INCLUDING DEATH OR PERMANENT DISABILITY, TO YOURSELF
AND/OR YOUR CHILD/CHILDREN, AND OTHER HOUSEHOLD
MEMBERS, OR ANY PROPERTY DAMAGE THAT RESULTS FROM
THE RISKS THAT ARE A NATURAL PART OF THE ACTIVITY(IES).
YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS AGREEMENT,
AND PROGRAMMING PARTNER, THE CITY, AND THEIR
RESPECTIVE EMPLOYEES, AGENTS, OFFICIALS,
REPRESENTATIVES, AND VOLUNTEERS HAS/HAVE THE RIGHT
TO REFUSE TO LET YOUR CHILD/CHILDREN PARTICIPATE IN
SUCH ACTIVITY(IES) IF YOU DO NOT SIGN THIS AGREEMENT AND
PROVIDE ALL REQUIRED INFORMTION BELOW.
Coronavirus/COVID-19 Alert and General City Programming Partner Youth Homework Assistance Program:
The novel coronavirus ("COVID-19"), has been declared a worldwide pandemic by the World Health
Organization. COVID-19 is extremely contagious and, according to the Centers for Disease Control and
Prevention ("CDC"), is believed to spread mainly through close contact from person -to -person. As a result, federal,
State of Florida ("State"), and local governments and federal and State health agencies recommend physical
distancing and have, in many locations, prohibited the congregation of groups and people. The CDC has stated
that "the best way to prevent illness is to avoid being exposed to this virus." Additional information on the
CDC's guidelines related to COVID-19 may be found at: https:/Iwww.cdc.clov/coronavirus/2019-ncov/index.html
The City of Miami, a municipal corporation of the State of Florida ("City") has established and implemented
precautionary and preventative measures to reduce the spread of COVID-19 pursuant to CDC and Florida
Department of Health ("FDOH") recommendations; however, the City cannot and does not guarantee that you,
your child/children, your household members, or any other person(s), will not become infected with COVID-19.
Further, attending City sponsored activities, parks, recreation areas, facilities, programs, services, such as pools
programs, tutoring, homework assistance (whether virtual or regular), mentoring, and other educational, cultural,
and recreational programs at Dorsey Memorial Library undertaken by Florida Film House International Inc., a Florida
not -for -profit corporation ("Programming Partner") on behalf of the City (collectively, "City Program Partners Youth
Homework Assistance Program") could increase your risk, and/or your child or children's risk(s), and/or your
household members risks of contracting COVID-19.
Parent/Legal Guardian Representations and Certifications to the City and to the Programming Partner
By signing this Agreement, I, the undersigned, hereby affirmatively represent and certify to the City that (1)
I am at least 18 years old and I am the parent or legal guardian of all children that are accompanying me on City
property; (2) I am a City resident, (3) I am aware that the novel coronavirus ("COVID-19"), has been declared a
Page 2 of 5 Parent/Legal Guardian Initials:
Doc ID: 3d8f718f4dd387b10eec58b6110baa95c40958a4
worldwide pandemicby the World Health Organization, (4) I am aware that COVID-19 positive cases have occurred
within the City, (5) I acknowledge that respective City and Programming Partner employees, officials, agents,
representatives, and volunteers come into contact with multiple individuals, and might become exposed to COVID-
19, and (6) I am aware of the contagious nature of COVID-19 and have voluntarily chosen to allow my
child/children to participate at and in the City Programming Partner Youth Homework Assistance Program. I
acknowledge that the circumstances regarding COVID-19 are changing from day to day and much information
regarding COVID-19 is still unknown. As parent or legal guardian for all children that are accompanying me on City
property, I fully understand and accept both the known and potential dangers of utilizing the City Programming
Partner Youth Homework Assistance Program, and acknowledge that my presence at, the presence by any of my
household members at, and/or the use by or presence of my child/children at any City Programming Partner Youth
Homework Assistance Program, despite the City's reasonable efforts to mitigate such dangers, may result in
exposure to COVID-19, which could result in quarantine requirements, serious illness, COVID-19 related
complications, disability, and/or death. Additionally, I acknowledge, understand, and agree that the City and
the Programming Partner WILL NOT PROVIDE masks for my child/children and I will be solely responsible
for providing my child/children with a mask daily for each child. I understand that the City and Programming
Partner WILL NOT ALLOW me to sign my child/children into the City Programming Partner Youth
Homework Assistance Program each morning unless my child/each of my children is wearing a mask. To
ensure the safety of all respective City and Programming Partner employees, officials, agents,
representatives, and volunteers and City Programming Partner Youth Homework Assistance Program
participants, I hereby authorize the Programming Partner each morning to take the temperature of my
child/children before I leave the City's property. I understand that, pursuant to the CDC guidelines and
City's 2020 Camp COVID-19 Procedures, if my child's/any of my children's temperature(s) is 100.00°
Fahrenheit or above, or show(s) other signs of illness, my child/children will not be permitted to participate
in the City Programming Partner Youth Homework Assistance Program that day, and I agree to immediately
pick up my child/children from the Programming Partner's care and custody. I further agree that my
child/children shall not return to the City Programming Partner Youth Homework Assistance Program until
each of his/her/their temperature(s) is below 100.00° Fahrenheit without the aid of medication for at least
twenty-four (24) hours.
By signing this Agreement, on my behalf and on behalf of my children, my household members, and any personal
representatives, assigns, heirs, and next of kin, I HEREBY FOREVER RELEASE, WAIVE LIABILITY BY,
COVENANT NOT TO SUE, DISCHARGE, AND AGREE FOREVER TO INDEMNIFY, DEFEND, AND HOLD
HARMLESS the City, Programming Partner, and their respective employees, agents, officials, representatives, and
volunteers against any and all claims, losses, damages, costs, or expenses associated with COVID-19 arising out
of, or in connection with any City Programming Partner Youth Homework Assistance Program. I also acknowledge,
understand, and agree that this Agreement includes any claims based on the actions, omissions or negligence of
the City, Programming Partner, and their respective employees, agents, officials, representatives, or volunteers
whether a COVID-19 infection occurs before, during or after participation in any City and/or Programming Partner
program.
agree to comply with all CDC, FDOH, and City guidelines to reduce the contraction and/or transmission of COVID-
19 by myself and/or my children and/or other members of my household. By signing this Agreement, I am
representing that neither I nor my children nor other members of my household are experiencing any symptoms of
COVID-19 including, but not limited to, fever or chills, cough, shortness of breath or difficulty breathing, fatigue,
muscle or body aches, headache, new loss of taste or smell, sore throat, congestion or runny nose, nausea or
vomiting, diarrhea, any other flu -like illness, or skin lesions. I further represent that, as of the date of signing this
Agreement, neither I nor my child/children nor any other member of my household are currently diagnosed with
COVID-19 or have tested positive for COVID-19. Finally, I represent that as of the date of signing of this Agreement
and to the best of my knowledge (1) that I and/or my children and/or all other members of my household have not
Page 3 of 5 Parent/Legal Guardian Initials:
Doc ID: 3d8f718f4dd387b10eec58b6110baa95c40958a4
been in close contact with any individual who has tested positive for COVID-19 in the last fourteen (14) days; and
(2) that neither my child/children, nor any member of my household, nor I have traveled outside of the United Sates
in the last fourteen (14) days.
FURTHERMORE, I HEREBY VOLUNTARILY ACCEPT SOLE RESPONSIBILITY FOR any personal injury, any
and all related COVID-19 illnesses or complications, any and all other illnesses or complications not related to
COVID-19, any permanent disability, or the death of my child or children, all of my household members, or myself,
including, but not limited to, personal injury, disability, death, illness, damage, loss, claim, liability, or expense of
any kind, that I or my child or children, or my household members, personal representatives, heirs, assigns, or next
of kin may experience or incur in connection with my child or children's attendance at City Programming Partner
Youth Homework Assistance Program, my presence at any City property, and/or the presence of any of my other
household members at any City property. On my behalf and on behalf of my child or children, my household
members, personal representatives, heirs, assigns, and next of kin, I HEREBY FOREVER RELEASE, COVENANT
NOT TO SUE, DISCHARGE, WAIVE LIABILITY BY, AND. AGREE FOREVER TO DEFEND, HOLD HARMLESS,
AND INDEMNIFY the City, Programming Partner, and their respective employees, agents, officials, representatives,
and volunteers, of and from any and all claims, including all liabilities, claims, actions, damages, costs or expenses
of any kind arising out of or relating thereto regarding any participation in City Programming Partner Youth
Homework Assistance Program by myself, my child/children, and other members of my household.
understand and agree that this release and waiver includes any claims based on the actions, omissions,
or negligence of the City, Programming Partner, their respective employees, agents, officials, representatives,
and/or volunteers, involving City Programming Partner Youth Homework Assistance Program whether related
directly or indirectly to a COVID-19 infection or to any other incident not involving COVID-19, any of which occurs
before, during, or after participation in any City Programming Partner Youth Homework Assistance Program.
Additionally, I voluntarily agree that by signing this Agreement, I will assist the City, Programming Partner, and their
respective employees, agents, officials, representatives, and/or volunteers with any required contact tracing and
any quarantine of myself, my child/children, and my other household members that may be required in connection
with COVID 19 infection before, during, or after participation in any City Programming Partner Youth Homework
Assistance Program. I hereby certify that I have provided below (a) my correct and valid residence address and
phone contact information, and (b) correct and valid information regarding my child/children.
I acknowledge that I am voluntarily executing this Agreement and have not been pressured, forced,
threatened, or coerced to execute this Agreement. I understand that I have a right to consult with an attorney before
signing this Agreement and I have either consulted with an attorney or knowingly and voluntarily decided not to
consult with an attorney. I am not under the influence of any drugs, alcohol, medication, any other narcotic or have
any mental illness that might tend to affect my ability to knowingly sign this Agreement. By signing below,
I represent that I have read and understand the terms of this Agreement. I expressly agree that this
acknowledgement, release, and waiver in this Agreement is intended to be as broad and inclusive as is permitted
by the laws of the State, and if any portion hereof is held invalid, it is agreed that the balance shall, notwithstanding,
continue in full legal force and effect.
First and Last Name(s) and Ages of Each Participating Minor Child/Children: (1) , (2)
, (3)
Signature of Parent/Legal Guardian: Date and Time:
Page 4 of 5 Parent/Legal Guardian Initials:
Doc ID: 3d8f718f4dd387b10eec58b6110baa95c40958a4
Print First and Last Name of Parent/Legal Guardian and Relationship to Minor Child/Children:
Print City Address of Parent/Legal Guardian:
Print Phone Contact Number of Parent/Legal Guardian
ACKNOWLEDGED BY PROGRAMMING PARTNER REPRESENTATIVE:
Signature of Programming Partner Representative: Date and Time:
Print Name of Programming Partner Representative:
COMPLETED FORM RECEIVED BY CITY PARKS DEPARTMENT REPRESENTATIVE:
Signature of City Parks Department Representative: Date and Time:
Print Name of City Parks Department Representative:
{Remainder of Page Intentionally Left Blank}
Page 5 of 5 Parent/Legal Guardian Initials:
Doc ID: 3d8f718f4dd387b10eec58b6110baa95c40958a4
ATTACHMENT K
Schedule of Fees
[Not applicable - No fees are charged to participants]
33
Doc ID: 3d8f718f4dd387b10eec58b6110baa95c40958a4
V HELLOSIGN
TITLE
FILE NAME
DOCUMENT ID
AUDIT TRAIL DATE FORMAT
STATUS
Document History
SENT
d
VIEWED
12/17/2021
02:45:26 UTC
12/17/2021
02:46:49 UTC
12/17/2021
SIGNED 02:47:39 UTC
COMPLETED
12/17/2021
02:47:39 UTC
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Film House PPA Final
Film House PPA Final.pdf
3d8f718f4dd387b10eec58b6110baa95c40958a4
MM/DD/YYYY
o Completed
Sent for signature to Marco Molinet
(marcofloridafilmhouse@gmail.com) from
batongroupinc@gmail.com
IP: 73.205.229.33
Viewed by Marco Molinet (marcofloridafilmhouse@gmail.com)
IP: 107.115.227.95
Signed by Marco Molinet (marcofloridafilmhouse@gmail.com)
IP: 107.115.227.95
The document has been completed.