HomeMy WebLinkAbout23654AGREEMENT INFORMATION
AGREEMENT NUMBER
23654
NAME/TYPE OF AGREEMENT
SCHOOL BOARD OF MIAMI-DADE COUNTY
DESCRIPTION
ADDENDUM TO AGREEMENT FORM FOR CONTRACTED
SERVICES/ASSIGN PARAMEDICS AND/OR EMT'S TO
SCHOOLS/MATTER ID: 20-2159/#8
EFFECTIVE DATE
ATTESTED BY
TODD B. HANNON
ATTESTED DATE
10/5/2020
DATE RECEIVED FROM ISSUING
DEPT.
11/1/2021
NOTE
CITY OF MIAMI ��
DOCUMENT ROUTING FORM Al!!`InC,�
ORIGINATING DEPARTMENT: Fire -Rescue
DEPT. CONTACT PERSON: Maria T. Martinez
EXT. 1672
NAME OF OTHER CONTRACTUAL PARTY/ENTITY: "School Board of Miami Dade County"
IS THIS AGREEMENT A RESULT OF A COMPETITIVE PROCUREMENT PROCESS? ❑ YES X NO
TOTAL CONTRACT AMOUNT: $ FUNDING INVOLVED? ❑ YES X NO
TYPE OF AGREEMENT:
El MANAGEMENT AGREEMENT
PROFESSIONAL SERVICES AGREEMENT
GRANT AGREEMENT
❑ EXPERT CONSULTANT AGREEMENT
El LICENSE AGREEMENT
El PUBLIC WORKS AGREEMENT
El MAINTENANCE AGREEMENT
El INTER -LOCAL AGREEMENT
El LEASE AGREEMENT
El PURCHASE OR SALE AGREEMENT
OTHER: (PLEASE SPECIFY)
PURPOSE OF ITEM (BRIEF SUMMARY): Agreement to assign Paramedics and/or EMT's to Schools.
COMMISSION APPROVAL DATE: FILE ID: ENACTMENT NO.:
IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLAIN:
.ROUTING ,INFORMATION
Date
PLEASE PRINT AND SIGN
APPROVAL BY DEPARTMENTAL DIRECTOR
10/2/2020
PRINT: Ty McGann, AFC
yy�
SIGNATURE: -- l
SUBMITTED TO RISK MANAGEMENT
10/2/20
PRINT: ANN — MARUE RPE
i/
SIGNATURE: %+
I
SUBMITTED TO CITY ATTORNEY
(20-2159 - GKW)
PRINT: VICTORIA`MENDEZ
SC�i2.�2G.�� .L_. -
SIGNATURE:
APPROVAL BY ASSISTANT CITY MANAGER
PRINT:
SIGNATURE:
RECEIVED BY CITY MANAGER
PRINT: RIEGA
Nr
SI .
PRINT:
SIGNATURE:
PRINT:
SIGNATURE:
PST:
SIGNATURE:
1) :ONE ORIGINAL TO CITY CLERK,
2) ONE COPY TO CITY ATT.ORN&t OFFICE;
3) REMAININGORIGINAL(S) TO ORIGINATING
DEPARTMENT
PLEASE ATTACH THIS ROUTING FORM TO ALL DOCUMENTS THAT REQUIRE
EXECUTION BY THE CITY MANAGER
ADDENDUM TO
AGREEMENT FORM FOR CONTRACTED SERVICES
By and between
SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA
AND
CITY OF MIAMI
The School Board and Contractor agree to revise the below stated provisions of the
Agreement Form for Contracted Services as set forth in this Addendum.
Section 1. Scope of Work is hereby amended to incorporate the following clause:
A school representative must be present with the patient at all times (3 people in the room
— the EMT/Paramedic, the patient & the school representative). If the school cannot
provide this resource, the City would require an additional EMT/Paramedic be hired for
this purpose.
Section 8. Indemnification and Section 9. Duty to Defend provisions are hereby
deleted in its entirety and replaced with the following provisions.
Each party to this Agreement agrees to assume responsibility for the acts, omissions, or
conduct of such party's own employees while participating herein and pursuant to this
Agreement, subject to the provisions of Section 768.28, Florida Statutes, where
applicable. "Assume responsibility" shall mean incurring any and all costs associated
with any suit, action, or claim for damages arising from the •performance of this
Agreement.
That is, subject to the limitations of Florida Statutes Section 768.28, the City agrees to
indemnify, hold harmless and defend the School Board from and against any and all
claims, suits, actions, damages, or causes of action arising out of the intentional
wrongdoings or willful negligent acts of the City and/or its EMTs/Paramedics arising out
of or in connection with the provisions of this Agreement.
Subject to the limitations of Florida Statutes Section 768.28, the School Board agrees to
indemnify, hold harmless and defend the City from and against any and all claims, suits,
actions, damages, or causes of action.arising'out of the intentional wrongdoings or willful
negligent acts of the School Board's employees arising out pf or in connection with the
provisions of this Agreement. "
Section 32. Insurance Requirements is hereby amended to incorporate the following
clause in the Insurance provision.
In lieu of the Insurance Requirements City shall provide evidence of in going self-
insurance program in accordance with Florida Statutes 768.28.
CONTRACTOR:
THE CITY OF MIAMI, a municipal
Corporation of the State of Florida
ATTEST:
y: -'���� ��`� �� By:
Todd B. Hannon Arthur loriega
City Clerk City Manager
APPROVED AS TO FORM AND
CORRECTNESS
By: 13a ! it46� L. 7Y� e/6/
Victoria Mdez
City Attorney
(20-2159 - GKW)
APPROVED AS TO INSURANCE
REQUIREMENTS
By:
Ann -Marie Sharpe, Director
Department of Risk Management
Counterparts and Electronic Signatures. 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.
Exhibit B
Payment Schedule
The Contractor shall provide the requested service as noted in the table below.
Total
Services Provided: LPN
Hourly Fee Cost
EMT/Paramedic
$ 77.29
The Contractor shall submit monthly invoices to reflect the work completed.
Billto: Miami Dade County Public Schools
m/ux/mm: | |
smFTDATE so|FTSTxm SHIFT END WORKER
Services provided to: Campbell Drive K-8 Center 'o651
15790gw307th Street
Homestead, FL, auo»a
INVOICE
Date
H/V JOB HOURS RATE TOTAL
3/2/2020 9:35 AM 3:05FM
3/2/2020 8:35Aw ]mspM
s/s/zozu uuomw 3:05 PM
3/3/2020 9:35Aw 3:05Pk«
3/4/2020 9:25AM' 1:50pM
3/4/2020 8:45Aw 1:50pM
3/5/2020 8:20Aw 3:05P[N
3/5/2020 8:35AM'--3:05pK4
3/6/2020 OioANooSRm
3/6/2020 o:ssAM- s:OSpxx
s/e/zoao 8:3.5 Am 3:05pxx
3/9/2020 yzmmw 1:50pM
3/10/2020 8:20AM 3:05pM
3/10/2020 8:35AM 3:05PKx
3/11/2020 u:zOAM 1:50pK4
3/11/2020 8:35AM 1:50PM
a/zz/zozO 8:20Ax8 3:05PK4
3/12/2020 8:35AM 3:oSpk4
3/13/2020 a:zo*M sosP,w
3/13/2020 u'sSAM zsnpxx
H RN 6.50
H LPN 6.50
H RN 6.75
H RN sso
M LPN 5.42
H LPN s.00
x LPN aJs
H LPN 6.50
H .LPN 8.75
H RN 6.50
H RN 6.50
M RN 4.83
H RN 6.75
H LPN 6.50
H RN 5.50
H RN 5.25
H lkN 67s
H 'km 6.50
H RN 6.75
x LPN 6.25
FACILITY TOTALS ;
-
!
|.
/
�
Bill to: Miami Dade County Public Schools
Re: In -school Nursing Services
INVOICE SUMMARY for
Facility Name
South Miami SHS 77721
Southwest Miami SHS - . •
Southwood MS - 6861
Sweetwater ES - 5431
Sylvania Heights ES - 5441
, .
Tropical ES - 5521
Vilielatic:LK.4eriteli5671
W. R. Thomas MS - 6901
West:Miami MS - 6961
Whispering Pines ES - 5951
William Lehman ES - 2891
Winston Park K-8 Center - 5961
Zora Neale Hurston ES - 2511
Invoice No.:
Invoice Date:
Invoice Due Date:
Invoice Total:
PO# :
Invoice #
REPORT TOTALS:
Hrs worked
Amount
Contract Number (For Procurement Use Only)
THE SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA
AGREEMENT FORM FOR CONTRACTED SERVICES
THIS AGREEMENT, entered into this 2 day of October , 20 20 , by and between The School Board of Miami -
Dade County, Florida, a body corporate and politic, existing under the laws of the State of Florida hereinafter referred to as
the "School Board," and City of Miami, a body corporate and politic, existing under the laws of the State of Florida whose
principal address IS 3500 Pan American Dr, Miami, FL 33133 , (Legal
Name of Contracting Party/Organization) hereinafter referred to as the "CONTRACTOR," is as follows:
1. SCOPE OF WORK
The Contractor shall, in a satisfactory and proper manner as determined by the School Board, perform the following:
Nature of Contracted Services: Contractor shall provide EMTs and/or Paramedics to deliver basic school health Nursing services as outlined in
Section 381.0056 Florida Statutes, the School Health Services Plan, Florida Administrative Code Rule 64-F, and consistent with the Scope of practice within
practice within the Florida Nurse Practice Act. Requirements set forth in Florida Statutes 381.0556 and Florida Administrative Code Rule 64-F are incorporated
herein by reference. Contractor shall also provide early identification and observation of students who present with COVID-19 symptoms during the school
day. Contractors shall provide services and fulfill the reauirements set forth in Exhibit A attached hereto and incorporated herein. This Agreement together
with Exhibits A-C constitute the full understanding between the School Board and Contractor and supersedes any prior and contemporaneous agreements,
whether oral or written. regarding the subject matter of this Agreement. Attached hereto and incorporated herein are the following exhibits: Scope of Work
of Work as Exhibit A; Payment Schedule Sheet as Exhibit B; and a Sample Invoice as Exhibit C. An invoice with the information contained in Exhibit C is
required to be completed and submitted by Contractor in order to receive payment for services. EMTs/Paramedics performing services under this Contract
may not perform services under another School Board Contract. The Firefighter/Paramedic shall be assigned to a specific school site identified by School
Board throughout the six school sites within the City of Coral Gables. Contractor shall bill School Board for EMT/Paramedic services not to exceed $77.29
per hour. Consideration for placement of the nurses will include the proximity of the EMTs/Paramedics home address to the designated school site and the
ability to effectively communicate with students and parents primary spoken language.
Addendum to provisions Section 8: Indemnification, Section 9: Duty to Defend, and Section 32: Insurance Requirements attached hereto and incorporated herein.
Grant Agreement between Miami -Dade County and the School Board for COVID-19 pandemic response expenses shall be incorporated herein by reference.
In the event the Nurse resigns or is removed from the school site Contractor shall place a replacement nurse within two (2) days.
Anticipated Outcome of Contracted Services: Basic School Health Nursing
Location of Contracted Service: varies throughout the School District
Date(s)/Hours of Service: varies throughout the Agreement term; hours shall be for a minimum of four hours and not to exceed six hours.
Should this Scope include in person services to students. Contractor shall obtain a signed Obligations of Activity Participants
Waiver, Release & Hold Harmless COVID-19 and Voluntary Third -Party Extracurricular Activities Summer 2020 and School
Year 2020-21 from all participants.
2. TERM OF AGREEMENT
The Contractor shall commence performance of the Agreement on the 5 day of October , 2020, and shall complete
performance to the satisfaction of the School Board no later than the 4 day of November , 2020 . The Agreement
shall be effective upon execution. The School Board reserves the right to terminate this Agreement without cause by giving
thirty (30) days written notice to the Contractor.
3. COMPENSATION
The School Board shall, upon completion of services by the Contractor, compensate the Contractor in an amount not to
exceed $ 310,000.00 , which shall constitute the amount due under this Agreement. Agreements exceeding $50,000
require School Board approval. The Contractor agrees to assume responsibility for all per diem and travel expenses, unless
authorization to incur such expenses is granted by the School Board in advance of the expenditures being incurred. The
Contractor shall be reimbursed for such approved expenditures as provided by §112.061 Florida Statutes, and School Board
Policy 6550. Procurement Authority to enter into this Agreement shall be Exempt 6320 D(1)
Page 1 of 9
FM-2453 Rev. (7-20)
4. PAYMENT SCHEDULE
Payment will be generated by the School Board's Accounts Payable Department within thirty (30) days after completion of
services. Payment will be made as indicated below:
0 one lump sum payment in the amount of $ upon completion of services
partial payments in the amount of $ 77.29 after/before each per hour
0 Please see payment schedule hereto attached and incorporated into this Agreement.
5. CONFIDENTIALITY OF STUDENT RECORDS
Contractor understands and agrees that it is subject to all federal and state laws and School Board Policies relating to the
confidentiality of student information. Contractor further agrees to comply with the Family Educational Rights and Privacy
Act ("FERPA"), 20 U.S.C. § 1232g, as may be amended. Contractor shall regard all student information as confidential and
will not disclose the student information to any third party. School Board Data shall remain in the Continental United States.
Contractor shall supply the School Board a pen test from a certified company and/or allow School Board staff to test security
of the platform School Board data shall be stored.
6. CHILDREN'S ONLINE PRIVACY PROTECTION ACT ("COPPA")
This provision is applicable if this Agreement includes web -based programming for educational purposes. With respect to
the Children's Online Privacy Protection Act ("COPPA"), 15 U,.S.C. 6501-6505, and its implementing regulations (16 C.F.R.
312, et seq.), the Parties acknowledge that COPPA permits School Board, acting in the role of "parent," to provide required
consents regarding personal information of students who are under the age of 13, where such consent is limited to the
collection of personal information from students for the educational use and benefit of School Board, and does not extend
to any commercial purpose. The Parties acknowledge that the Contractor, an "operator" under COPPA, relies on this form
of consent for such School Board users under this Agreement. The Contractor shall provide School Board all notices
required under COPPA, as applicable to ensure that School Board, in providing its COPPA consent, has full information
and assurance that the Contractor's practices comply with COPPA.
7. GOVERNING LAW; VENUE; ATTORNEYS' FEES
This Agreement shall be governed by, and construed in accordance with the laws of the State of Florida. In the event of
litigation, venue for any claim shall lie exclusively in a court of competent jurisdiction in Miami -Dade County. Each party
shall be responsible for its own attorneys' fees and costs, from pre-trial through all appeals.
8. INDEMNIFICATION
To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Board, and its employees
("Indemnitees") from and against all claims, liabilities, damages, losses, and costs including, but not limited to, reasonable
costs and attorneys' fees at the pre-trial, trial and appellate levels, arising out of, resulting from or incidental to Contractor's
performance under this Agreement or to the extent caused by negligence, recklessness, or intentional wrongful conduct of
the Contractor or other persons employed or utilized by the Contractor in the performance of this Agreement. The remedy
provided to the Indemnitees by this indemnification shall be in addition to and not in lieu of any other remedy available under
the Agreement or otherwise. This indemnification obligation shall not be diminished or limited in any way to any insurance
maintained pursuant to the Agreement otherwise available to the Contractor: The provisions of this Section are intended to
require the Contractor to furnish the greatest amount of indemnification allowed under Florida law. To the extent any
indemnification requirement contained in this Agreement is deemed to be in violation of any law, that provision shall be
deemed modified so that the Contractor shall be required to furnish the greatest level of indemnification to the Indemnitees
as was intended by the parties hereto.
9. DUTY TO DEFEND
The Contractor agrees, at its own expense, and upon written request by the Board, to defend any suit, action or demand
brought against the School Board on any claim or demand arising out of, resulting from or incidental to Contractor's
performance under this Agreement.
10. ADA COMPLIANCE
Contractor agrees and warrants that its services and/or products comply with the American with Disabilities Act of 1990 and
Section 504 of the Rehabilitation Act of 1973, along with the its implementing regulations, to ensure that individuals with
disabilities have an equal opportunity to participate in the School Board's programs and activities. Contractor agrees to
promptly respond and resolve any complaints regarding the accessibility of its services and/or products. Contractor further
agrees to defend, hold harmless and indemnify the School Board, including reasonable attorneys' fees, for any claims or
actions arising out of the Contractor's failure to comply with this requirement.
Page 2 of 9
FM-2453 Rev. (7-20)
11. COMPLIANCE WITH SCHOOL CODE
Contractor agrees to comply with all sections of the Florida K-20 Education Code, Title XLVIII Sections 1000-1013 Florida
Statutes as it presently exists, as it may be amended from time to time. Further, Contractor agrees that failure to comply
with the Florida K-20 Education Code shall constitute a material breach of this Agreement and may result in the
termination of this Agreement by the School Board.
12. ASSIGNMENT
This Agreement may not be assigned nor may any assignment of monies due, or to become due to Contractor, be assigned
without the prior written agreement of The School Board of Miami -Dade County, Florida. If Contractor attempts to make
such an assignment, such attempt shall constitute a condition of default.
13. TERMINATION AND SUSPENSION
The School Board reserves the right to terminate this Agreement at any time and for any reason, upon giving thirty (30)
days prior written notice to Contractor. If said Agreement should be terminated for convenience as provided herein, the
School Board will be relieved of all obligations under this Agreement. The School Board shall only be required to pay the
Contractor the amount for services performed prior to termination of the Agreement. The School Board may terminate this
Agreement upon thirty (30) days advance written notice to the Contractor, for default of Contractor, or due to lack of, or
cancellation of, grant funds made available to the School Board by a Federal grantor agency. Upon receipt of a notice of
termination, the Contractor shall cease incurring additional obligations under this Agreement. However, the School Board
shall allow the Contractor to incur all necessary and proper costs, which the Contractor cannot reasonably avoid during the
termination process. Each payment obligation of the School Board created by this agreement is conditioned upon the
availability of funds that are appropriate or allocated for the payment of services or goods. If such funds are not allocated
and available, this agreement may be terminated by the School Board at the end of the period for which funds are available.
The School Board shall notify the Contractor at the earliest possible time before such termination. No penalty shall accrue
to the School Board in the event this provision is exercised, and the School Board shall not be obligated or liable for any
future payments due or for any damages as a result of termination under this section. Any individual or corporation or other
entity that attempts to meet its contractual obligations with the School Board through fraud, misrepresentation or material
misstatement, shall have its Agreement with the School Board terminated upon receiving notice of the attempted fraud as
determined by the School Board.
14. FORCE MAJEURE
If, as a result of an act of force majeure, including without limitation, an act of God, war, internal unrest and upheaval,
hurricane or natural disaster, hurricane warning or hurricane watch issued by the US National Weather Service, tropical
storm watch or tropical storm warning issued by the US National Weather Service, riot, labor dispute, strike, threat thereof,
intervention of a government agency or instrumentality, pandemic, epidemic, public health emergency, local, state or
national emergency declarations, or other occurrence beyond the reasonable control of either Party, either School Board or
Contractor is hindered in performing its obligations hereunder or is thereby rendered unable to perform its obligation
hereunder, then, in such event, that Party shall have the right, upon notifying the other of the occurrence of force majeure
as herein defined, to suspend or postpone performance of the activity until the event of the force majeure has passed. In
the event that either Party is unable to perform for a period in excess of six (6) months at any time after the commencement
date of this Agreement, the other Party may, at its option terminate the Agreement. In the case that conditions improve and
warrant the resumption of activities and deployment of services, School Board and Contractor would have at least one (1)
month to coordinate the resumption of activities per this Agreement and/or will collaborate together to prepare a contingency
plan to ensure continuity of services.
15. DEFAULT
If the Contractor fails to fulfill or comply with any of the terms or conditions of the Agreement, in whole or in part, the School
Board may place the Contractor in default status and take any one of the following actions:
a) Suspend activities under the Agreement, upon fifteen (15) days advance written notice by the School Board and
withhold further payments, except for those necessary and proper costs which the Contractor cannot reasonably
avoid during the period of suspension.
b) Terminate the Agreement for cause, in whole or in part, upon fifteen (15) days advance written notice from the
School Board.
c) Terminate the Agreement for cause, in whole or in part, immediately effective upon notice, whenever the School
Board determines that the Contractor has jeopardized the safety and welfare of the School Board or the public or
whenever the fiscal integrity of the Agreement has been compromised.
d) Invoke any other remedy or remedies that may be legally available.
Page3of9
FM-2453 Rev. (7-20)
16. COMPLIANCE WITH BOARD POLICIES
I certify agreement with the following School Board Policies: 6465 Commercial Anti -Discrimination, Diversity, and Inclusion;
6460 Business Code of Ethics; 6325 Cone of Silence; 6320 Purchasing; 6320.01 Outside Vendors Selling; and 6320.02
Minority/Women Business Enterprise Certification Procedures, and agree to comply„with all applicable School Board
contracting and procurement policies and procedures. Attached and incorporated herein is Contractor's completed
Certification of Compliance with School Board's Policy 6465 Form (FM-7594). I certify to abide by all applicable School
Board Policies which may be found at http://www.dadeschools.net/schoolboard/rules/ as amended from time to time.
17. DEBARMENT
Pursuant to Board Policy 6320.04 — Contractor Debarment Procedures — Debarred contractors are excluded from
conducting business with the School Board as agents, representative, partners, and associates of other contractors,
subcontractors or individual sureties.
18. CLEAN AIR ACT
Contractors awarded contracts in excess of $150,000 must be in compliance with all applicable standards, orders, or
requirements issued pursuant to the Clean Air Act (42 U.S.C. 7404-97671 q), pursuant to the Clean Water Act (33 U.S.C.
1368 ), Executive Order 11738, and Environmental Protection Agency regulations ( 40 CFR part 15 ), and the Federal Water
Pollution Control Act as amended (33 USC 1251-1387)..
19. DAVIS-BACON ACT LABOR STANDARDS
The Contractor shall comply with all applicable provisions of 40 U.S.C. §276a to 276 a-7, the Davis -Bacon Act, as
supplemented by the Department of Labor regulations (29 C.F.R. Part 5 "Labor Standards Provisions Applicable to
Contracts Governing Federally Financed and Assisted Construction").
20. WRITTEN NOTICE DELIVERY
Any notice required or permitted to be given under this agreement by one party to the other party shall be in writing and
shall be given and deemed to have been given immediately if delivered in person to the recipient's address set forth in this
section or on the date shown on the certificate of receipt if placed in the United States mail, postage prepaid, by registered
or certified mail with return receipt requested, addressed to the receiving party at the address hereinafter specified ("Notice").
Contractor Address. The address for Contractor for all purposes under this agreement and for all Notices hereunder
shall be:
Contractor: City of Miami
Contact's Name/Title: Attention: Fire Department
Address: 3500 Pan American Dr.
Miami, FL 33133
School Board's Address. The address for the School Board for all purposes under this Agreement and for all Notices
hereunder shall be:
The School Board of Miami -Dade County, Florida
Attn: Alberto M. Carvalho, Superintendent
1450 N.E. Second Avenue, Suite 912
Miami, Florida 33132
With a copy to:
The School Board of Miami -Dade County, Florida
Department: School Operations
Department Director: Attention: Mark Zaher, Director
Address: 2950 NW 43 Terrace
And a copy to:
Miami, Florida 33142
The School Board of Miami -Dade County, Florida
Attn: Walter J. Harvey, School Board Attorney
1450 N.E. Second Avenue, Suite 430
Miami, Florida 33132
Page 4 of 9
FM-2453 Rev. (7-20)
21. EQUAL EMPLOYMENT OPPORTUNITY
Contractors awarded contracts involving Federal Funds must be in compliance with Executive Order 11246 of September
24, 1965 entitled "Equal Employment Opportunity," as amended by Executive Order 11375 of October 13, 1967, and as
supplemented in Department of Labor Regulations (41 CFR Chapter 60).
22. REGULATIONS & ORDINANCES
The Contractor shall comply with all applicable laws, ordinances, codes, rules and regulations of federal, state and local
governments being licensed, if required, for performance of any work under this Agreement. Contractor shall be fully and
completely responsible for ensuring full and complete compliance with all Center for Disease Control, Federal, State, and
Local regulations regarding the novel coronavirus known as COVID-19 and related conditions as may be amended from
time to time. Contractors awarded contracts involving Federal Funds and cost reimbursable must be in compliance with 7
CFR 210.21. Contractors awarded contracts involving Federal Funds must be in compliance with the Energy and Policy
Conservation Act (42 USC 6201).Contractors awarded contracts involving the employment of mechanics, laborers, or
construction work must be in compliance with 40 USC Chapter 37.
23. BYRD ANTI -LOBBYING
Contractors awarded contracts in excess of $100,000 or more shall file the required certification. Each tier certifies to the
tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or
attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or
an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered
by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non -Federal funds that takes place in connection with
obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient.
24. CONFLICT OF INTEREST
Former Miami -Dade County Public Schools employees, classified as Managerial Exempt Personnel, Pay Grade 22 and
above, Miami -Dade County Schools Administrators Association, Pay Grade 47 and above, and other equivalent positions,
are prohibited from personally representing another person or entity or acting as an agent or attorney for compensation in
connection with any matter in which The School Board of Miami -Dade County, Florida, is interested, for a period of two (2)
years following vacation of office. This provision is pursuant to School Board Policies 1129, 3129 and 4129 and
§112.313(9) Florida Statutes.
25 NO GRATUITY POLICY
It is the policy of Procurement Management Services not to accept gifts, gratuities, or favors of any kind or of any value
whatsoever from vendors, members of the staffs, or families.
26. SMALL/MICRO, MINORITY/WOMEN AND VETERAN BUSINESS ENTERPRISE PROGRAMS
The Small/Micro Business Enterprise (SMBE), Minority/Women and Veteran Business Enterprise (VBE) Programs,
implemented pursuant to School Board Policy 6320.02 were established to provide expanded and equitable participation in
School Board procurement of goods and services, construction, and professional services. If applicable, in completing its
obligations under this Agreement, the Contractor agrees to comply with all applicable requirements of the SBE/MBE, M/WBE
and VBE Programs, provided in School Board Policy, as it exists on the date of the commencing of this Agreement.
Compliance, Monitoring and Reporting of Subcontractors - As applicable to meet the Mandatory Small/Micro,
Minority/Women and/or Veteran Business Utilization Goals, the Contractor shall be required to submit a monthly report via
the online diversity compliance system for compliance with the Mandatory Small/Micro, Minority/Women and/or Veteran
Business Utilization Goals for sub -contractors. All compliance reporting shall be submitted through the link provided
http://miamidadeschools.diversitycomoliance.com. The Contractor may only remove and replace a Small/Micro,
Minority/Women and/or Veteran Business with a new subcontractor of similar certification. To the extent that the Contractor
seeks to replace a Small/Micro, Minority/Women and/or Veteran Business with a new subcontractor that does not maintain
a similar certification, then the Contractor must first obtain approval from the Office of Economic Opportunity (OEO). The
OEO shall monitor and/or verify 100% of reported payments to subcontractors ensuring the Contractor's reported
subcontract participation is accurate.
Page 5 of 9
FM-2453 Rev. (7-20)
27. ACCESS TO RECORDS/FLORIDA'S PUBLIC RECORDS LAWS
Contractor understands the broad nature of these laws and agrees to comply with Florida's Public Records Laws and laws
relating to records retention. According to Florida Public Records laws documents submitted by Contractor which constitute
trade secrets as defined in Florida Statute 812.081 or proprietary confidential business information as set forth in Florida
Statute 366.093, and which are stamped as confidential at the time of submission to School Board, are not subject to public
access. The Contractor shall keep and maintain public records required by the School Board to perform the service. The
Contractor shall keep records to show its compliance with program requirements. Contractors and subcontractors must
make available, upon request of the School Board, a Federal grantor agency, the Comptroller General of the United States,
or any of their duly authorized representatives, any books, documents, papers, and records of the Contractor which are
directly pertinent to this specific Agreement for the purpose of making audit, examination, excerpts, and transcriptions. Upon
request from the School Board's custodian of public records, provide the School Board with a copy of the requested records
or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in
this chapter or as otherwise provided by law. Contractor shall ensure that public records that are exempt or confidential and
exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the
contract term and following completion of the contract if the Contractor does not transfer the records to the public agency.
The Contractor shall retain all records for five (5) years after final payment is made or received and all pending matters are
completed pursuant to Title 34, Sections 80.36(b)(1). Upon completion of the contract, transfer, at no cost, to the School
Board all public records in possession of the Contractor or keep and maintain public records required by the School Board
to perform the service. If the Contractor transfers all public records to the School Board upon completion of the contract,
the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records
disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the
Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be
provided to the School Board, upon request from the School Board's custodian of public records, in a format that is
compatible with the information technology systems of the School Board.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE PROVIDER'S DUTY TO PROVIDE
PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN
OF PUBLIC RECORDS AT 305-995-1128, prrCa�dadeschools.net, and 1450 NE 2
Avenue, Miami, Florida 33132.
28. DISCLOSURE OF EMPLOYMENT OF CURRENT AND FORMER SCHOOL BOARD EMPLOYEES
Pursuant to School Board Policy 6460 Business Code of Ethics, which may be accessed at www.neola.com/miamidade-fl
all bidders, proposers, consultants, vendors and contractors are required to disclose the names of any of their current and
future employees who serve as agents, principals, subcontractors, employees, or consultants, to work on this agreement
for the bidder, proposer, consultant, vendor, or contractor, and who are currently employed or have been employed by the
School Board within the last two (2) years. Such disclosures will be in accordance with current School Board Policies, but
will include, at a minimum, the names of former School Board employees, a list of the positions the employees held in the
last two (2) years of their employment with the School Board, and the dates the employees held those positions. Written
approval by the Superintendent for the use of current or former School Board employees (within the last two years) is
mandatory prior to using funds obtain from this Agreement to subsidize the current or former School Board employees
services.
NAME LIST OF POSITIONS DATES EMPLOYEE HELD POSITION
29. DISCLOSURE OF AFFILIATION WITH DISTRICT COMMITTEES, TASK FORCE, ASSOCIATIONS
Firms
of
the
Does
past
under Contract or proposing to enter into a Contract with Agency
Interest policies available at www.dadeschools.net Any vendor
must be in conformance with the MDCPS Conflict
who submits a response to a solicitation must disclose
any District Committees, Task Force or Associations.
Officers, etc.) serve or have served within the
Committee, Task Force, Association?
names of any of its company directors or officers who serve on
the Firm or any Employee, Agent, or Associate of the Firm (Director's,
two (2) yrs on a Miami -Dade County Public Schools District
No D Yes f If answer is yes please complete the following: Name of Director(s) or Officer(s)
Employee Name
Current Firm Title
Name of MDCPS Committee, Task Force,
Association
Page 6 of 9 FM-2453 Rev. (7-20)
30. PATENTS, COPYRIGHTS AND ROYALTIES
All books, manuals, films or other materials suitable for copyright or patent, regardless of means of transmission, produced
as a result of the work or services performed under or in connection with this Agreement, are hereby reserved as the
exclusive property of and sole ownership by The School Board of Miami -Dade County, Florida, unless and to the extent that
the parties agree otherwise, as evidenced in writing and included as a part of this Agreement. Contractor shall defend,
indemnify and hold the School Board and its successors and assigns harmless from and against all third -party claims, suits
and proceedings and any and all damages, liabilities, costs and expenses (including reasonable attorneys' fees and court
costs) incurred as a result of (i) infringement by Contractor of any third -party patent, copyright or trademark or (ii)
misappropriation by Contractor of any third -party trade secret in connection with any of the foregoing. Contractor will
indemnify and hold harmless the School Board from liability of any nature or kind, including costs and expenses for or on
account of any copyrighted, service marked, trademarked, patented or unpatented invention, process, article or work
manufactured or used in the performance of the Agreement, including its use by the School Board. If Contractor uses any
design, device, materials or works covered by letters, service mark, trademark, patent, copyright or any other intellectual
property right, it is mutually agreed and understood without exception that the proposal prices will include all royalties or
costs arising from the use of such design, device or materials in any way involved in the work. In addition, Contractors
awarded contracts involving Federal Funds are subject Rights to Invention as set forth in 37 CFR 401.This section shall not
apply to Contractor materials with current patent, copyright and/or trademarks.
31. BACKGROUND SCREENING REQUIREMENTS
In accordance with the requirements of §1012.465, §1012.32 and §1012.467, Florida Statutes, and School Board Policies
8475, 1121.01, 3121.01 and 4121.01 'as amended from time to time Contractor agrees that, if Contractor receives
remuneration for services, Contractor and all of its employees who provide or may provide services under this Contract will
complete criminal history checks, and all background screening requirements, including level 2 screening requirements as
outlined in the above -referenced statutes and School Board Policies prior to providing services to The School Board of
Miami -Dade County.
Additionally, Contractor agrees that each of its employees, representatives, agents, subcontractors or suppliers who is
permittedaccess on school grounds when students are present, who has direct contact with students or who has access to
or control of school funds must meet level 2 screening requirements as described in the above -referenced statutes and
School Board Policies.
A non -instructional contractor who is exempt from the screening requirements set forth in §1012.465, §1012.468 or
§1012.467, Florida Statutes, is subject to a search of his or her name or other identifying information against the registration
information regarding sexual predators and sexual offenders maintained by the Department of Law Enforcement under
§943.043 and the national sex offender public registry maintained by the United States Department of Justice.
Further, upon obtaining. clearance by School Board, if School Board deems necessary, School Board will issue F, which
shall be worn by the individual at all times while on School Board property when students are present.
Contractor agrees to bear any and all costs associated with acquiring the required background screening -- including any
costs associated with fingerprinting and obtaining the required photo identification Florida Public Schools Contractor badge.
Contractor agrees to require all its affected employees to sign a statement, as a condition of employment with Contractor in
relation to performance under this Bid/RFP/Agreement, agreeing that the employee will abide by the heretofore described
background screening
requirements, and also agreeing that the employee will notify the Contractor/Employer of any arrest(s) or conviction(s) of
any offense enumerated in School Board Policies 8475, 1121.01, 3121.01 and 4121.01 within 48 hours of its occurrence.
Contractor agrees to provide the School Board with a list of all its employees who have completed background screening
as required by the above -referenced statutes and who meet the statutory requirements contained therein. Contractor agrees
that it has an ongoing duty to maintain and update these lists as new employees are hired and in the event that any
previously screened employee fails to meet the statutory standards. Contractor further agrees to notify the School Board
immediately upon becoming aware that one of its employees who was previously certified as completing the background
check and meeting the statutory standards is subsequently arrested or convicted of any disqualifying offense. Failure by
Contractor to notify the School Board of such arrest or conviction within 48 hours of being put on notice and within five (5)
business days of the occurrence of qualifying arrest or conviction, shall constitute grounds for immediate termination of this
Agreement.
The parties further agree that failure by Contractor to perform any of the duties described in this section shall constitute a
material breach of the Agreement entitling the School Board to terminate this Agreement immediately with no further
responsibility to make payment or perform any other duties under this Agreement.
Page 7 of 9
FM-2453 Rev. (7-20)
32. INSURANCE REQUIREMENTS
Prior to commencement of work under the agreement, the Contractor shall obtain and maintain without interruption the
insurance as outlined below. The Contractor agrees to furnish a fully completed certificate of insurance naming the School
Board of Miami -Dade County, Florida as a certificate holder, signed by an authorized representative of the insurer providing
such insurance coverages. The insurance coverages and limits shall meet, at a minimum, the following requirements:
A. Workers' Compensation/Employer's Liability Insurance.
Such insurance shall be no more restrictive than that provided by the Standard Workers' Compensation Policy, as filed for
use in Florida by the National Board on Compensation Insurance, without restrictive endorsements. The minimum amount
of coverage (inclusive of any amount provided by an umbrella or excess policy) shall be:
Part One: "Statutory"
Part Two: $ 100,000 Each Accident
$ 500,000 Disease - Policy Limit
$ 100,000 Disease - Each Employee
B. General Liability Insurance
Such insurance shall be no more restrictive than that provided by the most recent version of standard
Commercial General Liability Form (ISO Form CG 00 01) without any restrictive endorsements.
The minimum limits (inclusive of amounts provided by an umbrella or excess policy) shall be:
$ 1,000,000 General Aggregate
$ 1,000,000 Products/Completed Operations Aggregate
$ 1,000,000 Personal and Advertising Injury
$ 1,000,000 Each Occurrence
Contractor shall name "The School Board of Miami -Dade County, Florida and its members, officers and employees" as an
additional insured on a form no more restrictive than the CG 20 10 (Additional Insured — Owners, Lessees, or Contractors).
C. Automobile Liability Insurance
Such insurance shall be no more restrictive than that provided by Section II (Liability Coverage) of the most recent version
of standard Business Auto Policy (ISO Form CA 00 01) without any restrictive endorsements, including coverage for liability
contractually assumed, and shall cover all owned, non -owned, and hired autos used in connection with the performance of
the Contract. The minimum limits (inclusive of any amounts provided by an umbrella or excess policy) shall be $ 1,000,000
Each Occurrence - Bodily Injury and Property Damage Combined
Professional Liability: If the contract requires professional services, the Contractor shall provide evidence of the following
professional liability coverage. Such insurance shall be on a form acceptable to the Board and shall cover Contractor for
those sources of liability arising out of the rendering or failure to render professional services in the performance of the
services required in the Agreement including any hold harmless and/or indemnification agreement. Coverage must either
be on an occurrence basis; or, if on a claims -made basis, the coverage must respond to all claims reported within three
years following the period for which coverage is required and which would have been covered had the coverage been on
an occurrence basis. The minimum limits (inclusive of any amounts provided by an umbrella or excess policy) shall be $
1,000,000 Each Claim/Annual Aggregate
Cyber Liability Insurance: If the Contract requires the transfer of electronic records containing personal identifiable
information of student or employee records between the Contractor and the Board, the Contractor shall provide evidence
of the following insurance. Contractor shall maintain Cyber Liability insurance with limits of not less than $1,000,000 for
each wrongful act, and Liability for security or privacy breaches, including loss or unauthorized access to the Board's data;
Costs associated with a privacy breach, including consumer notification, customer support/crises management, and costs
of providing credit monitoring services; Expenses related to regulatory compliance, government investigations, fines, fees
assessments and penalties; Costs of restoring, updating or replacing data; Privacy liability losses connected to network
security, privacy, and media liability "Insured versus insured" exclusion prohibited. The insurance provided by the Company
shall apply on a primary basis. Any insurance, or self-insurance, maintained by the Board shall be excess of, and shall not
contribute with, the insurance provided by the Company.
Unless otherwise notified, the certificate of insurance shall be delivered to:
Miami -Dade County Public Schools
Office of Risk and Benefits Management
1501 N.E. 2nd Avenue, Suite 335
Miami, Florida 33132
The above insurance requirements may only be amended or waived via written approval of the Office of Risk and Benefits
Management.
Page 8 of 9
FM-2453 Rev. (7-20)
33. ENTIRE AGREEMENT
It is understood and agreed that this Agreement contains the complete understanding and agreement of the parties. No
stipulation, agreement or understanding shall be valid or enforceable unless contained in this Agreement. No
representations or statements made by any employees, agents or representatives of either party shall be binding on either
party as a warranty or otherwise, except as expressly set forth herein. Contractor represents that the individual signing this
Agreement on its behalf has the authority to do so and to so legally bind the party. The Contractor represents that the
execution, delivery and performance of this Agreement by the Contractor has been fully and validly authorized by all
necessary corporate action.
SUBMITTED BY:
THE SCHOOL BOARD OF MIAMI-DADE COUNTY,
FLORIDA
BY: Signature
Charge Location Administrator Signature Date
(Superintendent of Schools or Designee)
Regional Superintendent/Division Head Signature Date
(as applicable)
(Name Typed)
'
Date:
Office of Grants Administration Signature Date
(if applicable)
NOTE: Signature , of Assistant Superintendent for the Office of
Intergovernmental Affairs and Grants Administration required ONLY for
contracts financed from Contracted Programs Funds (Part IV).
APPROVED AS TO RISK AND BENEFITS
(as to the School Board):
CONTRACTOR
CITY OF MIAMI
Risk Management Signature Date
APPROVED AS TO PROCUREMENT AUTHORITY
(as to the School Board):
Legal Name of Contracting Party
BY:
Signature
Name:
Procurement Management Signature Date
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
(as to the School Board):
(Name Typed) (Title) (Date)
Address:
3500 Pan American Dr, '
Miami, FL 33133
School Board Attorney - Signature Date
J
F.E.I.N. (If organization)
School Board Employee: Yes 0 No ICI
M-DCPS Employee No.
Page 9 of 9
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FM-2453 Rev. (7-20)