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Amendment No.1 to PSA with Favela Miami Corp JOCUJIgfI Cf7V@IOp81U:LAD(U0440-0003-44/C-HFi'I 1:5-4L3/L3tOUl.l. ^ 13 \ 3 1��� AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND FAVELA MIAMI CORP FOR HOMELESS EMPLOYMENT SERVICES This Amendment No. 1 ("Amendment") to the Professional Services Agreement dated October 13, 2022 ("Agreement"), between the CITY OF MIAMI BEACH, ' FLORIDA, a municipal corporation organized and existing under the laws of the State of Florida, having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida 33139 (the "City") and FAVELA MIAMI CORP, a Florida not-for-profit corporation, whose address is 1441 Lincoln Road, Suite 201, Miami Beach, FL 33139 ("Contractor"), is entered into this day of 202 RECITALS FEB 1 4 2073 WHEREAS, on October 13, 2022, the City and Contractor executed the Agreement to provide employment services to persons who are homeless in the City of Miami Beach; and WHEREAS, the City and Contractor wish to amend the scope and budget to allow homeless individuals to be temporarily employed in activities involved with the Sanitation Division of the City's Public Works Department, and to be further assisted with resume building services and referrals to temporary job agencies. NOW, THEREFORE, in consideration of the mutual promises and conditions contained herein, and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the City and Contractor hereby agree as follows: 1. ABOVE RECITALS. The above recitals are true and correct and are incorporated as part of this Amendment. 2. MODIFICATIONS. The Agreement is modified as follows: a) Exhibit "A" (Scope of Services) is hereby deleted in its entirety and replaced with the attached Exhibit"A". b) Section 4.1 of Section 4 (Fee) is hereby deleted in its entirety and replaced with the following: 4.1 In consideration of the Services to be provided, Contractor shall be compensated on a fixed fee basis, for a total not to exceed: Seventy-Eight Thousand Eight Hundred Sixty-Nine and 91/100 Dollars ($78,869.91). c) A new Exhibit "A-1" (Budget), in the form attached hereto, is added to the Agreement. 1 JocuJIgn tnveIope lu:ut, U0440-0u03-44/i3-ty I[YLLJI Litt) `JUI.I. 3. RATIFICATION. Except as amended herein, all other terms and conditions of the Agreement shall remain unchanged and in full force and effect. In the event there is a conflict between the provisions of this Amendment and the Agreement, the provisions of this Amendment shall govern. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK. 9 .ocu Ign tnvelope iu: uo44o-ouo3-44fa-r I ti-ZZO tZ.SCOULAA. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed by their appropriate officials, as of the date first entered above. FOR CITY: CITY OF MIAMI BEACH, FLORIDA ATTEST: By: Rafael E Granado Ali a T. Hudak City Clerk ity Manager FFB 1 4 e'-' fl FEB 1 if 2023 : '�• Date `:1NCORP ORATE401 s y,p���� maw ro0°6_ ,,,RCH.26,- - FOR CONTRACTOR: FAVELA MIAMI CORP ATTEST: dotloop verified By: , /�AQf/�Z't�ee*, 01/3023 3:31 PM EST By: RUOY-LZU7-BYSQ-YAJ8 _ Valerie Navarrete/President Print Name/Title Print Name/Title 01/30/2023 Date APPROVED AS TO FORM & LANGUAGE &FOR EXECUTION tit). 'f1f23 3 �44 City Attorneyy4iv Date JOcu Jlgn Cflvelope IU:l.o/U0440-oUO3-44 FC-HHl b-LL3/LiCOnUl.l. EXHIBIT "A" "SCOPE OF SERVICES" Contractor staff must contact all clients referred by the City as related to this Agreement within two (2) business days of referral. If clients are unresponsive, Contractor must notify the City no later than (5)working days after referral was made. Contractor staff must advise the City of the status of all referrals for Services related to this Agreement within five (5) business days of referral. Contractor staff must advise the City of any changes to service delivery, including but not limited to language barriers, capacity issues, client concerns, staff concerns, and scheduling changes, immediately. Service Units of ! Documentation of Service Service Employment 1,396 Completion and execution of the following documents: Training/ Sanitation hours and Temp Agency } 1. Employee Timesheets (indicating work completed up to 40 Work referrals/ hours per homeless client employed) -$15 p/hour Resume Building 2. Employee Timesheets (indicating completion of up to three (3) hours of Employee Orientation per client employed-$15 p/hour 3. Copies of completed client resumes 4. Documentation of submitted job referrals Supervision of 889 Completion and execution of the following documents: Employment hours Training/ Sanitation 1. Employee Timesheets($36.00 p/hour) work referrals _ Provision of 75 Completion and execution of the following documents: Reporting Services hours for Employment 1. Employee Timesheets ($25.00 p/hour) Training/Sanitation work referrals/ Resume building _ Provision of Up to 45 Completion and execution of the following documents: Uniforms for Those Uniforms Employed in 1. Documentation indicating receipt of the following: Employment by a) Uniforms and Supplies Sanitation Department _ Operating Program Insurance Cost$2,393.00 Expenses 4 Jocullgn tnvelope IU:l.0/U5440-0U53-44/1:3-HHl 1:5-LL3/L3tQ iLRAJ Service Deliverables Services must be delivered as follows: Service Unit of Service I Service Location Timeframe Employment One (1) Pre- City of Miami Beach Upon execution of Training Employment agreement and by Training/ Orientation September 30, 2023 per client hired Sanitation Work Minimum of one (1) City of Miami Beach Upon execution of Referrals client referred to agreement and by Sanitation September 30, 2023 Department per month Job Refer up to (45) City of Miami Beach Upon execution of Development sheltered clients for agreement and by resume September 30, 2023 development and submission to • potential employers Temporary Refer employed City of Miami Beach Upon execution of Employment clients to temporary agreement and by Agency Referrals employment agency September 30, 2023 upon Sanitation job completion 5 EXHIBIT ''A-1" - Budget FAVELA M IAM I Project Budget Training Program Services for Sub-Recipient: City of Miami Beach/Homeless Outreach Team Project: Homeless Clients Budget Year: 2022 2023 Please list all items that will be reimbursed by the City of Miami Beach. Line Item Quantity Unit Cost Line Total Personnel(Employees Only)-List Position Title Outreach Supervisors:Salaries&Fringes(Valerie Navarrete) 889 $ 36.00 $ 34,452.31 Outreach Support-Accountant(Christina&Valerie) 75 $ 25.00 $' 1,875.00 Outreach Staff:Salaries&Fringes Up to 40/week for 35 weeks(1360)+Up 36 Hours of Orientation 1396 $ 15.00 $ 22,541.91 Miscellaneous-possible transportation passes 40 Weekly Transit Passes 40 $ 14.60 '$ 584.00 Expenditures reimbursed prior to Amendment 1 [$=1'OT53T6_9 Personnel Expenses-Category Totals $ 69,976.91 Operating Expenses-Category Totals Uniforms&Supplies 45 $ 134.00 $ 6,030.00 Checks 70 $ 1.00 $ 70.00 Miscellaneous-Valerie transportation $ 400.00 Operating Expenses-Category Totals $ 6,500.00 Insurances $ 2,393.00 Capital/Equipment Costs-Category Totals Professional Services Professional Services-Category Totals Other Costs Other Costs-Category Totals Project Total-All Categories $ 78,869.91 uocu ign tnveiope lu:0000 -1:A-Uret-4.4o-AwL4-ttUt5Ut4y1-i1 DocuSign Envelope ID:58D9F5C1-6E2F-4D18-ABA8-AID88B8F3BF8 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND FAVELA MIAMI FOR HOMELESS EMPLOYMENT SERVICES 10/13/2022 1 1:39 EDT This Professional Services Agreement("Agreement") is entered into this day of 20 ("Effective Date"), between the CITY OF MIAMI BEACH, FLORIDA, a municipal corporation organized and existing under the laws of the State of Florida, having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida, 33139 (the "City"), and FAVELA whose address is 1441 Lincoln Road, Suite 201, Miami Beach, FL 33139("Contractor"). SECTION 1 DEFINITIONS Agreement: This Agreement between the City and Contractor, including any exhibits and amendments thereto. City Manager: The chief administrative officer of the City. • City Manager's Designee: The City staff member who is designated by the City Manager to administer this Agreement on behalf of the City.The City Manager's designee shall be the Office of Housing and Community Services Department Director. Contractor: For the purposes of this Agreement, Contractor shall be deemed to be an independent Contractor, and not an agent or employee of the City. Services: All services, work and actions by the Contractor performed or undertaken pursuant to the Agreement. Fee: Amount paid to the Contractor as compensation for Services. Risk Manager: The Risk Manager of the City, with offices at 1700 Convention Center Drive, Third Floor, Miami Beach, Florida 33139; telephone number (305) 673-7000, Ext. 6435; and fax number(305)673-7023. SECTION 2 SCOPE OF SERVICES • 2.1 In consideration of the Fee to be paid to Contractor by the City, Contractor shall provide the work and services described in Exhibit"A" hereto (the"Services"). 1 uocuign tnveiope iu:000brtiH-urot-4.J45-HOZ4-t'utsbt4a1-3]a DocuSign Envelope ID:58D9F5C1-6E2F-4D18-ABA8-AID88B8F3BF8 have the right to control the hours of the Services performed by the Contractor;where the Services are performed (although the City will provide Contractor with the appropriate location to perform the Services); when the Services are performed, including how many days a week the Services are performed; how the Services are performed, or any other aspect of the actual manner and means of accomplishing the Services provided. Notwithstanding the foregoing, all Services provided by the Contractor shall be performed in accordance with the terms and conditions set forth in Exhibit "A" and to the reasonable satisfaction of the City Manager. If there are any questions regarding the Services to be performed, Contractor should contact the following person: City of Miami Beach Office of Housing & Community Services Attention: Alba Ana Tarre, Department Director 1700 Convention Center Drive Miami Beach, Florida 33139 2.2 Contractor's Services, and any deliverables incident thereto, shall be completed in accordance with the timeline and/or schedule in Exhibit [A] hereto. [NOTE: TIMELINE FOR DELIVERABLES CAN ALSO BE INCLUDED IN EXHIBIT "A" OR IN SEPARATE EXHIBIT] SECTION 3 TERM The term of this Agreement ("Term") shall commence upon execution of this Agreement by all parties hereto (the Effective Date set forth on p. 1 hereof), and shall have an initial term ending on September 30,2023 '8 9R a -wifl wf-1 a etiee-ef-same-ne-t ltt t VA.) Notwithstanding the Term provided herein, Contractor shall adhere to any specific timelines, schedules, dates, and/or performance milestones for completion and delivery of the Services, as same is/are set forth in the timeline and/or schedule referenced in Exhibit A hereto. • SECTION 4 FEE 4.1 In consideration of the Services to be provided, Contractor shall be compensated on a fixed fee basis, for a total not to exceed: Sixty-Nine Thousand ($69,556.93) 2 uocubign Envelope ID:00bbUI-tfA-U1-tft-434b-Ab24-t/Uttbt491-31U DocuSign Envelope ID:58D9F5C1-6E2F-41318-ABA8-A1D88B8F3BF8 4.2 Contractor shall be compensated for the Services, as more specifically set forth in Exhibit A as follows: The Contractor shall submit monthly requests for payment including payroll records and other applicable back-up documentation no later than the 10th day of the succeeding month. Compensation will be issued in corresponding monthly installments. 4.3 Contractor shall provide the City with a detailed invoice, on a monthly basis, that details all services performed by Contractor in a particular month. Contractor invoice are subject to review and approval. The City 'shall not remit any payment to Contractor unless Contractor provides a detailed invoice that is acceptable to the City. 4.4 INVOICING Upon receipt of an acceptable and approved invoice, payment(s) shall be made within forty-five (45) days for that portion (or those portions) of the Services satisfactorily rendered (and referenced in the particular invoice). Invoices shall include a detailed description of the Services (or portions thereof) provided, and shall be submitted to the City at the following address: City of Miami Beach Office of Housing & Community Services Attention: Alba Tarre, Department Director 1700 Convention Center Drive Miami Beach, Florida 33139 • SECTION 5 TERMINATION 5.1 TERMINATION FOR CAUSE If the Contractor shall fail to fulfill in a timely manner, or otherwise violates, any of the covenants, agreements, or stipulations material to this Agreement, the City, through its City Manager, shall thereupon have the right to terminate this Agreement for cause. Prior to exercising its option to terminate for cause, the City shall notify the Contractor of its violation of the particular term(s) of this Agreement, and shall grant Contractor ten (10) days to cure such default. If such default remains uncured after ten(10)days,the City may terminate this Agreement without further notice to Contractor. Upon termination, the City shall be fully discharged from any and all liabilities, duties, and terms arising out of, or by virtue of, this Agreement. 3 uocuaign tnveiope iu:000narnri-carat-4,s' -,y044-truubt4ar.5Iu DocuSign Envelope ID:58D9F5C1-6E2F-4D18-ABA8-A1D88B8F3BF8 Notwithstanding the above, the Contractor shall not.be relieved of liability to the City for damages sustained by the City for any breach of the Agreement by the Contractor. The City, at its sole option and discretion, shall be entitled to bring any and all legal/equitable actions that it deems to be in its best interest in order to enforce the City's rights and remedies against Contractor. The City shall be entitled to recover all costs of such actions, including reasonable attorneys' fees. 5.2 TERMINATION FOR CONVENIENCE OF THE CITY THE CITY MAY ALSO, THROUGH ITS CITY MANAGER, AND FOR ITS CONVENIENCE AND WITHOUT CAUSE, TERMINATE THE AGREEMENT AT ANY TIME DURING THE TERM BY GIVING WRITTEN NOTICE TO CONTRACTOR OF SUCH TERMINATION; WHICH SHALL BECOME EFFECTIVE WITHIN THIRTY (30) DAYS FOLLOWING RECEIPT BY THE CONTRACTOR OF SUCH NOTICE. ADDITIONALLY, IN THE EVENT OF A PUBLIC HEALTH, WELFARE OR SAFETY CONCERN, AS DETERMINED BY THE CITY MANAGER, IN THE CITY MANAGER'S SOLE DISCRETION,THE CITY MANAGER, PURSUANT TO A VERBAL OR WRITTEN NOTIFICATION TO CONTRACTOR, MAY IMMEDIATELY SUSPEND THE SERVICES UNDER THIS AGREEMENT FOR A TIME CERTAIN, OR IN THE ALTERNATIVE, TERMINATE THIS AGREEMENT ON A GIVEN DATE. IF THE AGREEMENT IS TERMINATED FOR CONVENIENCE BY THE CITY, CONTRACTOR SHALL BE PAID FOR ANY SERVICES SATISFACTORILY PERFORMED UP TO THE DATE OF TERMINATION; FOLLOWING WHICH THE CITY SHALL BE DISCHARGED FROM ANY AND ALL LIABILITIES, DUTIES,AND TERMS ARISING OUT OF, OR BY VIRTUE OF, THIS AGREEMENT. 5.3 TERMINATION FOR INSOLVENCY The City also reserves the right to terminate the Agreement in the event the Contractor is placed either in voluntary or involuntary bankruptcy or makes an assignment for the benefit of creditors. In such event, the right and obligations for the parties shall be the same as provided for in Section 5.2. SECTION 6 INDEMNIFICATION AND INSURANCE REQUIREMENTS 6.1 INDEMNIFICATION Contractor agrees to indemnify, defend and hold harmless the City of Miami Beach and its officers, employees, agents, and Contractors, from and against any and all actions (whether at law or in equity), claims, liabilities, losses, and expenses, including, but not limited to, attorneys' fees and costs,for personal,economic or bodily injury,wrongful death, loss of or damage to property,which may arise or be alleged to have arisen from the negligent acts, errors, omissions or other wrongful conduct of the Contractor, its officers, employees, agents, Contractors, or any other person or entity acting under Contractor's control or supervision, in connection with, related to, or as a result of the Contractor's performance of the Services pursuant to this Agreement. To that extent, the Contractor shall pay all such claims and losses and shall pay all such costs and judgments which may issue from any lawsuit arising from such claims and losses, and shall pay all costs and attorneys'fees expended by the City in the defense of such claims and losses, including appeals. The Contractor expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the Contractor shall in no way limit the Contractor's 4 iocu ign tnveiope IU:0000urtsH-Vrbbt-434o-Aot4-L(U bt4ar31a DocuSign Envelope ID:58D9F5C1-6E2F-4D18-ABA8-AIDB8B8F3BF8 responsibility to indemnify, keep and save harmless and defend the City or its officers,employees, agents and instrumentalities as herein provided. The parties agree that one percent(1%)of the total compensation to Contractor for performance of the Services under this Agreement is the specific consideration from the City to the Contractor for the Contractor's indemnity agreement. The provisions of this Section 6.1 and of this indemnification shall survive termination or expiration of this Agreement. 6.2 INSURANCE REQUIREMENTS The Contractor shall maintain and carry in full force during the Term, the following insurance: 1. Contractor General Liability, in the amount of$1,000,000; 2. Contractor Professional Liability, in the amount of$200,000; and 3. Workers Compensation & Employers Liability, as required pursuant to Florida Statutes. The insurance must be furnished by insurance companies authorized to do business in the State of Florida. All insurance policies must be issued by companies rated no less than "B+" as to management and not less than "Class VI" as to strength by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. Timely renewal certificates will be provided to the City as coverage renews. The insurance certificates for General Liability shall include the City as an additional insured and shall contain a waiver of subrogation endorsement. Contractor's insurance shall be primary and not contributory for direct claims arising out of the Agreement under the Commercial General Liability policy. If the Professional Liability coverage is provided on a claims made basis, then such insurance shall continue for(3) years following the expiration or termination of the Agreement. Original certificates of insurance must be submitted to the City's Risk Manager for approval (prior to any work and/or services commencing)and will be kept on file in the Office of the Risk Manager. The City shall have the right to obtain from the Contractor specimen copies of the insurance policies in the event that submitted certificates of insurance are inadequate to ascertain compliance with required coverage. The Contractor is also solely responsible for obtaining and submitting all insurance certificates for any sub-Contractors. Compliance with the foregoing requirements shall not relieve the Contractor of the liabilities and obligations under this section or under any other portion of this Agreement. The Contractor shall not commence any work and or services pursuant to this Agreement until all insurance required under this section has been obtained and such insurance has been approved by the City's Risk Manager. SECTION 7 LITIGATION JURISDICTIONNENUE/JURY TRIAL WAIVER This Agreement shall be construed in accordance with the laws of the State of Florida. This Agreement shall be enforceable in Miami-Dade County, Florida, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, 5 uocu ign Cnveiope lu:Doclourtsm-carom-4343-HoL4-ttuoot4uri u DocuSign Envelope ID:58D9F5C1-6E2F-4D18-ABA8-AID88B8F3BF8 exclusive venue for the enforcement of same shall lie in Miami-Dade County, Florida. By entering into this Agreement, Contractor and the City expressly waive any rights either party may have to a trial by jury of any civil litigation related to or arising out of this Agreement. SECTION 8 LIMITATION OF CITY'S LIABILITY The City desires to enter into this Agreement only if in so doing the City can place a limit on the City's liability for any cause of action, for money damages due to an alleged breach by the City of this Agreement, so that its liability for any such breach never exceeds the sum of $10,000. Contractor hereby expresses its willingness to enter into this Agreement with Contractor's recovery from the City for any damage action for breach of contract to be limited to a maximum amount of$10,000. Accordingly, and notwithstanding any other term or condition of this Agreement, Contractor hereby agrees that the City shall not be liable to the Contractor for damages in an amount in excess of$10,000 for any action or claim for breach of contract arising out of the performance or non-performance of any obligations imposed upon the City by this Agreement. Nothing contained in this section or elsewhere in this Agreement is in any way intended to be a waiver of the limitation placed upon the City's liability, as set forth in Section 768.28, Florida Statutes. SECTION 9 DUTY OF CARE/COMPLIANCE WITH APPLICABLE LAWS/PATENT RIGHTS; COPYRIGHTz AND CONFIDENTIAL FINDINGS 9.1 DUTY OF CARE With respect to the performance of the Services contemplated herein, Contractor shall exercise that degree of skill, care, efficiency and diligence normally exercised by reasonable persons and/or recognized professionals with respect to the performance of comparable work and/or services. 9.2 COMPLIANCE WITH APPLICABLE LAWS In its performance of the Services, Contractor shall comply with all applicable laws, ordinances, and regulations of the City, Miami-Dade County,the State of Florida, and the federal government, as applicable. 9.3 PATENT RIGHTS; COPYRIGHT; CONFIDENTIAL FINDINGS Any work product arising out of this Agreement, as well as all information specifications, processes, data and findings, are intended to be the property of the City and shall not otherwise be made public and/or disseminated by Contractor, without the prior written consent of the City Manager, excepting any information, records etc. which are required to be disclosed pursuant to 6 uocuaign tnveiope lu:oounarbi-urot-4345-I o24-tiuunt4urslu DocuSign Envelope ID:58D9F5C1-6E2F-4D18-ABA8-A1D88B8F3BF8 Court Order and/or Florida Public Records Law. All reports, documents, articles, devices, and/or work produced in whole or in part under this Agreement are intended to be the sole and exclusive property of the City, and shall not be subject to any application for copyright or patent by or on behalf of the Contractor or its employees or sub-Contractors, without the prior written consent of the City Manager. SECTION 10 GENERAL PROVISIONS • 10.1 AUDIT AND INSPECTIONS Upon reasonable verbal or written notice to Contractor, and at any time during normal business hours(i.e. 9AM—5PM, Monday through Fridays, excluding nationally recognized holidays), and as often as the City Manager may, in his/her reasonable discretion and judgment, deem necessary, there shall be made available to the City Manager, and/or such representatives as the City Manager may deem to act on the City's behalf, to audit, examine, and/or inspect, any and all other documents and/or records relating to all matters covered by this Agreement. Contractor shall maintain any and all such records at its place of business at the address set forth in the "Notices" section of this Agreement. 10.2 INSPECTOR GENERAL AUDIT RIGHTS (A) Pursuant to Section 2-256 of the Code of the City of Miami Beach,the City has established the Office of the Inspector General which may,on a random basis, perform reviews,audits, inspections and investigations on all City contracts, throughout the duration of said contracts. This random audit is separate and distinct from any other audit performed by or on behalf of the City. (B) The Office of the Inspector General is authorized to investigate City affairs and empowered to review past, present and proposed City programs, accounts, records, contracts and transactions. In addition, the Inspector General has the power to subpoena witnesses, administer oaths, require the production of witnesses and monitor City projects and programs. Monitoring of an existing City project or program may include a report concerning whether the project is on time, within budget and in conformance with the contract documents and applicable law. The Inspector General shall have the power to audit, investigate,monitor, oversee, inspect and review operations,activities, performance and procurement process including but not limited to project design, bid specifications, (bid/proposal) submittals, activities of the Contractor, its officers, agents and employees, lobbyists, City staff and elected officials to ensure compliance with the contract documents and to detect fraud and corruption. Pursuant to Section 2-378 of the City Code, the City is allocating a percentage of its overall annual contract expenditures to fund the activities and operations of the Office of Inspector General. (C) Upon ten (10) days written notice to the Contractor, the Contractor shall make all requested records and documents available to the Inspector General for inspection and 7 uocu ign tnvelope lu:001SbyFtSA-Vrtit-4:i4b-HbL4-t(utSbt4ars19 DocuSign Envelope ID:58D9F5C1-6E2F-4D18-ABA8-A1D88B8F3BF8 copying. The Inspector General is empowered to retain the services of independent private sector auditors to audit, investigate, monitor, oversee, inspect and review operations activities, performance and procurement process including but not limited to project design, bid specifications, (bid/proposal) submittals, activities of the Contractor its officers, agents and employees, lobbyists, City staff and elected officials to ensure compliance with the contract documents and to detect fraud and corruption. (D) The Inspector General shall have the right to inspect and copy all documents and records in the Contractor's possession, custody or control which in the Inspector General's sole judgment, pertain to performance of the contract, including, but not limited to original estimate files, change order estimate files, worksheets, proposals and agreements from and with successful subcontractors and suppliers, all project-related correspondence, memoranda, instructions, financial documents, construction documents, (bid/proposal) and contract documents, back-change documents, all documents and records which involve cash, trade or volume discounts, insurance proceeds, rebates, or dividends received, payroll and personnel records and supporting documentation for the aforesaid documents and records. (E) The Contractor shall make available at its office at all reasonable times the records, materials,and other evidence regarding the acquisition(bid preparation)and performance of this Agreement, for examination, audit, or reproduction, until three (3) years after final payment under this Agreement or for any longer period required by statute or by other clauses of this Agreement. In addition: If this Agreement is completely or partially terminated, the Contractor shall make available records relating to the work terminated until three (3) years after any resulting final termination settlement; and ii. The Contractor shall make available records relating to appeals or to litigation or the settlement of claims arising under or relating to this Agreement until such appeals, litigation, or claims are finally resolved. (F) The provisions in this section shall apply to the Contractor, its officers, agents,employees, subcontractors and suppliers. The Contractor shall incorporate the provisions in this section in all subcontracts and all other agreements executed by the Contractor in connection with the performance of this Agreement. (G) Nothing in this section shall impair any independent right to the City to conduct audits or investigative activities. The provisions of this section are neither intended nor shall they be construed to impose any liability on the City by the Contractor or third parties. 10.3 ASSIGNMENT, TRANSFER OR SUSCONSULTING Contractor shall not subcontract, assign, or transfer all or any portion of any work and/or service under this Agreement without the prior written consent of the City Manager, which consent, if given at all, shall be in the Manager's sole judgment and discretion. Neither this Agreement, nor any term or provision hereof, or right hereunder, shall be assignable unless as approved 8 uocu iign tnveiope Iu:0b6byh15H-L1-tSt-4.345-H514-t/I-Mbt4a1-31a DocuSign Envelope ID:58D9F5C1-6E2F-4D18-ABA8-Al D88B8F3BF8 pursuant to this section, and any attempt to make such assignment(unless approved) shall be void. 10.4 PUBLIC ENTITY CRIMES Prior to commencement of the Services, the Contractor shall file a State of Florida Form PUR 7068, Sworn Statement under Section 287.133(3)(a) Florida Statute on Public Entity Crimes with the City's Procurement Division. 10.5 NO DISCRIMINATION In connection with the performance of the Services, the Contractor shall not exclude from participation in, deny the benefits of, or subject to discrimination anyone on the grounds of race, color, national origin, sex, age, disability, religion, income or family status. Additionally, Contractor shall comply fully with the City of Miami Beach Human Rights Ordinance, codified in Chapter 62 of the City Code, as may be amended from time to time, prohibiting discrimination in employment, housing, public accommodations, and public services on account of actual or perceived race, color, national origin, religion, sex, intersexuality, gender identity, sexual orientation, marital and familial status, age, disability, ancestry, height, weight, domestic partner status, labor organization membership, familial situation, or political affiliation. 10.6 CONFLICT OF INTEREST Contractor herein agrees to adhere to and be governed by all applicable Miami-Dade County Conflict of Interest Ordinances and Ethics provisions, as set forth in the Miami-Dade County Code,as may be amended from time to time; and by the City of Miami Beach Charter and Code, as may be amended from time to time; both of which are incorporated by reference as if fully set forth herein. Contractor covenants that it presently has no interest and shall not acquire any interest, directly or indirectly, which could conflict in any manner or degree with the performance of the Services. Contractor further covenants that in the performance of this Agreement, Contractor shall not employ any person having any such interest. No member of or delegate to the Congress of the United States shall be admitted to any share or part of this Agreement or to any benefits arising therefrom. 10.7 CONTRACTOR'S COMPLIANCE WITH FLORIDA PUBLIC RECORDS LAW (A) Contractor shall comply with Florida Public Records law under Chapter 119, Florida Statutes, as may be amended from time to time. (B) The term "public records" shall have the meaning set forth in Section 119.011(12), which means all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business of the City. (C) Pursuant to Section 119.0701 of the Florida Statutes, if the Contractor meets the definition 9 uocu ign tnvelope lu: bUI-w-L:rtSt-4.545-Ho24-tIubbt4ar31u DocuSign Envelope ID:58D9F5C1-6E2F-4D18-ABA8-A1D88B8F3BF8 of"Contractor" as defined in Section 119.0701(1)(a), the Contractor shall: (1) Keep and maintain public records required by the City to perform the service; (2) Upon request from the City's custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes or as otherwise provided by law; (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed, except as authorized by law, for the duration of the contract term and following completion of the Agreement if the Contractor does not transfer the records to the City; (4) Upon completion, of the Agreement, transfer, at no cost to the City, all public records in possession of the Contractor or keep and maintain public records required by the City to perform the service. If the Contractor transfers all public records to the City upon completion of the Agreement, 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 Agreement,the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the City's custodian of public records, in a format that is compatible with the information technology systems of the City. (D) REQUEST FOR RECORDS; NONCOMPLIANCE. (1) A request to inspect or copy public records relating to the City's contract for services must be made directly to the City. If the City does not possess the requested records, the City shall immediately notify the Contractor of the request, and the Contractor must provide the records to the City or allow the records to be inspected or copied within a reasonable time. (2) Contractor's failure to comply with the City's request for records shall constitute a breach of this Agreement, and the City, at its sole discretion, may: (1) unilaterally terminate the Agreement; (2) avail itself of the remedies set forth under the Agreement; and/or(3)avail itself of any available remedies at law or in equity. (3) A Contractor who fails to provide the public records to the City within a reasonable time may be subject to penalties under s. 1'19.10. (E) CIVIL ACTION. (1) If a civil action is filed against a Contractor to compel production of public records relating to the City's contract for services,the court shall assess and award against the Contractor the reasonable costs of enforcement, including reasonable attorneys'fees, if: a. The court determines that the Contractor unlawfully refused to comply with the public records request within a reasonable time; and b. At least 8 business days before filing the action, the plaintiff provided written notice of the public records request, including a statement that the Contractor has not complied with the request, to the City and to the Contractor. (2) A notice complies with subparagraph (1)(b) if it is sent to the City's custodian of public records and to the Contractor at the Contractor's address listed on its contract with the City or to the Contractor's registered agent. Such notices must be sent by common carrier delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or shipping paid by the sender and with evidence of delivery, which may be in an electronic format. (3) A Contractor who complies with a public records request within 8 business days 10 vVI.YVIUII LIIVGIupG ILJ•iJJ0V.7r VA-IJr OC-YJYJ-hJLY-C/uouI'Jr, DocuSign Envelope ID:58D9F5C1-6E2F-4D18-ABA8-A1D88B8F3BF8 after the notice is sent is not liable for the reasonable costs of enforcement-. (F) IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: CITY OF MIAMI BEACH ATTENTION: RAFAEL E. GRANADO, CITY CLERK 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 E-MAIL: RAFAELGRANADOAMIAMIBEACHFL.GO V PHONE: 305-673-7411 10.8 FORCE MAJEURE (A) A "Force Majeure" event is an event that(i) in fact causes a delay in the performance of the Contractor or the City's obligations under the Agreement, and (ii) is beyond .the reasonable control of such party unable to perform the obligation, and (iii) is not due to an intentional act, error, omission, or negligence of such party, and (iv) could not have reasonably been foreseen and prepared for by such party at any time prior to the occurrence of the event. Subject to the foregoing criteria, Force Majeure may include events such as war, civil insurrection, riot, fires, epidemics, pandemics, terrorism, sabotage, explosions, embargo restrictions, quarantine restrictions, transportation accidents, strikes, strong hurricanes or tornadoes, earthquakes, or other acts of God which prevent performance. Force Majeure shall not include technological impossibility, inclement weather, or failure to secure any of the required permits pursuant to the Agreement. (B) If the City or Contractor's performance of its contractual obligations is prevented or delayed by an event believed by to be Force Majeure, such party shall immediately, upon learning of the occurrence of the event or of the commencement.of any such delay, but in any case within fifteen(15) business days thereof, provide notice: (i)of the occurrence of event of Force Majeure, (ii) of the nature of the event and the cause thereof, (iii) of the anticipated impact on the Agreement, (iv)of the anticipated period of the delay, and (v)of what course of action such party plans to take in order to mitigate the detrimental effects of the event. The timely delivery of the notice of the occurrence of a Force Majeure event is a condition precedent to allowance of any relief pursuant to this section; however, receipt of such notice shall not constitute acceptance that the event claimed to be a Force Majeure event is in fact Force Majeure, and the burden of proof of the occurrence of a Force Majeure event shall be on the requesting party. (C) No party hereto shall be liable for its failure to carry out its obligations under the Agreement during a period when such party is rendered unable, in whole or in part, by Force Majeure to carry out such obligations. The suspension of any of the obligations under this Agreement due to a Force Majeure event shall be of no greater scope and no longer duration than is required. The party shall use its reasonable best efforts to continue to 11 uocuign tnvelope lu:0315bart1H-VrtfL-4340-HOZ4-t(utsbt4ar31a DocuSign Envelope ID:58D9F5C1-6E2F-4D18-ABA8-A1D88B8F3BF8 perform its obligations hereunder to the extent such obligations are not affected or are only partially affected by the Force Majeure event, and to correct or cure the event or condition excusing performance and otherwise to remedy its inability to perform to the extent its inability to perform is the direct result of the Force Majeure event with all reasonable dispatch. (D) Obligations pursuant to the Agreement that arose before the occurrence of a Force Majeure event, causing the suspension of performance, shall not be excused as a result of such occurrence unless such occurrence makes such performance not reasonably possible. The obligation to pay money in a timely manner for obligations and liabilities which matured prior to the occurrence of a Force Majeure event shall not be subject to the Force Majeure provisions. (E) Notwithstanding any other provision to the contrary herein, in the event of a Force Majeure occurrence, the City may, at the sole discretion of the City Manager, suspend the City's payment obligations under the Agreement, and may take such action without regard to the notice requirements herein. Additionally, in the event that an event of Force Majeure delays a party's performance under the Agreement for a time period greater than thirty (30) days, the City may, at the sole discretion of the City Manager, terminate the Agreement on a given date, by giving written notice to Contractor of such termination. If the Agreement is terminated pursuant to this section, Contractor shall be paid for any Services satisfactorily performed up to the date of termination; following which the City shall be discharged from any and all liabilities, duties, and terms arising out of, or by virtue of,this Agreement. In no event will any condition of Force Majeure extend this Agreement beyond its stated term. 10.9 E-VERIFY (A) To the extent that Contractor provides labor, supplies, or services under this Agreement, Contractor shall comply with Section 448.095, Florida Statutes, "Employment Eligibility" ("E-Verify Statute"), as may be amended from time to time. Pursuant to the E-Verify Statute, commencing on January 1, 2021, Contractor shall register with and use the E- Verify system to verify the work authorization status of all newly hired employees during the Term of the Agreement. Additionally, Contractor shall expressly require any subcontractor performing work or providing services pursuant to the Agreement to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract Term. If Contractor enters into a contract with an approved subcontractor, the subcontractor must provide the Contractor with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. Contractor shall maintain a copy of such affidavit for the duration of the contract or such other extended period as may be required under this Agreement. (B) TERMINATION RIGHTS. (1) If the City has a good faith belief that Contractor has knowingly violated Section 448.09(1), Florida Statutes,which prohibits any person from knowingly employing, hiring, recruiting, or referring an alien who is not duly authorized to work by the immigration laws or the Attorney General of the United States, the City shall terminate this Agreement with Contractor for cause, and the City shall thereafter have or owe no further obligation or liability to Contractor. (2) If the City has a good faith belief that a subcontractor has knowingly violated the 12 uocu ign tnveiope lu:opeourtsA-urem-4,54o-Aoz4-truobt4arsla DocuSign Envelope ID:58D9F5C1-6E2F-4D18-ABA8-A1D88B8F3BF8 foregoing Subsection 10.9(A), but the Contractor,otherwise complied with such subsection, the City will promptly notify the Contractor and order the Contractor to immediately terminate the contract with the subcontractor. Contractor's failure to terminate a subcontractor shall be an event of default under this Agreement, entitling City to terminate the Contractor's contract for cause. (3) A contract terminated under the foregoing Subsection (B)(1) or (B)(2) is not in breach of contract and may not be considered as such. (4) The City or Contractor or a subcontractor may file an action with the Circuit or County Court to challenge a termination under the foregoing Subsection (B)(1) or (B)(2) no later than 20 calendar days after the date on which the contract was terminated. (5) If the City terminates the Agreement with Contractor under the foregoing Subsection (B)(1), Contractor may not be awarded a public contract for at least 1 year after the date of termination of this Agreement. (6) Contractor is liable for any additional costs incurred by the City as a result of the termination of this Agreement under this Section 10.9. SECTION 11 NOTICES All notices and communications in writing required or permitted hereunder, shall be delivered personally to the representatives of the Contractor and the City listed below or may be mailed by U.S. Certified Mail, return receipt requested, postage prepaid, or by a nationally recognized overnight delivery service. Until changed by notice, in writing, all such notices and communications shall be addressed as follows: TO CONTRACTOR: Favela Miami Valerie@favelamiami.org 786-546-2422 TO CITY: City of Miami Beach, Florida Office of Housing and Community Services Attn: Alba Tarre, Department Director 1700 Convention Center Drive Miami Beach, Florida 33139 (305)673-7491 Notice may also be provided to any other address designated by the party to receive notice if such alternate address is provided via U.S. certified mail, return receipt requested, hand delivered, or by overnight delivery. In the event an alternate notice address is properly provided, notice shall be sent to such alternate address in addition to any other address which notice would otherwise be sent, unless other delivery instruction as specifically provided for by the party entitled to notice. Notice shall be deemed given on the date of an acknowledged receipt, or, in all other cases, on the date of receipt or refusal. 13 uocu ign Cnveiope lu:0000urrsN-Vrot-434o-rkoz4-Cruoo C4uro 19 DocuSign Envelope ID:58D9F5C1-6E2F-4D18-ABA8-AID88B8F3BF8 SECTION 12 MISCELLANEOUS PROVISIONS 12.1 CHANGES AND ADDITIONS This Agreement cannot be modified or amended without the express written consent of the parties. No modification, amendment, or alteration of the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 12.2 SEVERABILITY If any term or provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall not be affected and every other term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law. 12.3 WAIVER OF BREACH A party's failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision or modification of this Agreement. A party's waiver of any breach of a provision of this Agreement shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Agreement. 12.4 JOINT PREPARATION The parties hereto acknowledge that they have sought and received whatever competent advice and counsel as was necessary for them to form a full and complete understanding of all rights and obligations herein and that the preparation of this Agreement has been a joint effort of the parties,the language has been agreed to by parties to express their mutual intent and the resulting document shall not,solely as a matter of judicial construction, be construed more severely against one of the parties than the other. 12.5 ENTIRETY OF AGREEMENT The City and Contractor agree that this is the entire agreement between the parties. This Agreement supersedes all prior negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained herein, and there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in this document. Title and paragraph headings are for convenient reference and are not intended to confer any rights or obligations upon the parties to this Agreement. [REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK] 14 uocuolgn envelope lu:o.7oour DA- roc-'FJ4a-Aac9-C/uooc.+er.)I e DocuSign Envelope ID:58D9F5C1-6E2F-4D18-ABA8-A1 D88B8F3BF8 • IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first entered above. FOR CITY: CITY OF MIAMI BEACH, FLORIDA ATTEST: DocuSigned by: B CrAfild f. anti/Lao& y: Rear City Clerk Ali : udak, City a ager Date: 10/13/2022 I 1:39 EDT FOR CONTRACTOR: FAVELA MIAMI ATTEST: ra Bemire*, dotloopved I NF5D.T 2 7A6 PM EDT NF6D•T7QR•JIX6.OA2N By: Valerie Navarrete,President Print Name and Title Print Name and Title Date: 09/15/2022 APPROVED AS TO FORM&LANGUAGE & OR EXE N twain-- City A orney foi ' Date 15 uocuoign mnveiope iu.0000arari-k,romwo'+o-rwLw-Cruoom'+yro DocuSign Envelope ID:58D9F5C1-6E2F-4D18-ABA8-A1D88B8F3BF8 EXHIBIT "A" "SCOPE OF SERVICES" Contractor staff must contact all clients referred by the City as related to this Agreement within two (2) business days of referral. If clients are unresponsive, Contractor must notify the City no later than (8)eight days after referral was made. Contractor staff must advise the City of the status of all referrals for Services related to this Agreement within five (5) business days of referral. Contractor staff must advise the City of any changes to service delivery, including but not limited to language barriers, capacity issues, client concerns, staff concerns, and scheduling changes, immediately. Service Units of 'Documentation of Service Service • Employment 1,440 Completion and execution of the following documents: Training/ i hours ' Homeless 1. Employee Timesheets (indicating work completed up Outreach Street ! to 32 hours per homeless client employed)-$18 p/hour Engagement 2. Homeless Field Contact Forms Supervision of ; 1,000 ; Completion and execution of the following documents: Employment hours Training/ 1. Employee Timesheets ($33.50 p/hour) Homeless Outreach Street Engagement Provision of 100 ; Completion and execution of the following documents: Reporting hours Services for , 1. Employee Timesheets ($25.00 p/hour) Employment Training/ I ' Homeless Outreach Street Engagement Provision of 45 Completion and execution of the following documents: Uniforms for I Uniforms Those Employed 1. Documentation indicating receipt of the following: in Employment a) Uniforms and Supplies Training/ Homeless Outreach Street Engagement Operating ! Program Insurance Cost$1,500 Expenses Provision of 256 I Completion and execution of the following documents: Check Issuance issued ! 1. Copy of the issued checks ($1.00 p/check issued) for Employment checks 16 UUl:UOly11 CIIVCIUFJC IL).JJOU.'7r 17J1-l.4r OG-YJY:)-f%JGY-C I VOL/GYM-0 I DocuSign Envelope ID:58D9F5C1-6E2F-4D18-ABA8-A1D88B8F3BF8 Training/ Homeless Outreach Street , Engagement Service Deliverables Services must be delivered as follows: Service Unit of Service 'Service Location Timeframe Employment Minimum of Two (2), i City of Miami Beach Upon execution of • Training/ Four (4)-Hour Shifts agreement and by Homeless Twice Weekly for 50 ' September 30, 2023 Outreach Street Weeks Engagement Penalties for Failure to Perform If the contractor fails on two occasions to submit required, accurate documentation in the timeframe allotted, including the notification of absence email, the Contractor will forfeit two (2%) percent of the combined billed total for the months in which inaccuracies took place. Documents submitted within the required timeframe and found to be insufficient are subject to penalties for failure to perform. If the contractor fails on three occasions to submit required, accurate documentation in the timeframe allotted within the contract Term, the Contractor is subject to termination of any further service referrals, but Contractor will be allowed to complete the service units allotted to existing clients. The decision to cease additional referrals rests is the sole discretion of the City. • "Required, accurate documentation" may refer to: • Monthly invoices • Monthly receipts • Monthly client lists • Notification contact forms • Any document required by this Agreement If any individual employed by or independently contracted with the Contractor fails, on more than one occasion, to attend a scheduled client meeting without notifying the City of an-impending absence, the City reserves the right to remove that individual from the Contractor's staff roster for the purposes of this Contract. If the Contractor is unable to fulfill the contracted service level within the allocated timeframe for each service component, the City reserves the right to reduce service levels accordingly across the funded service spectrum and terminate this Agreement at its discretion. If the Contractor is unable to fulfill the contracted service level and the City subsequently reduces service and funding levels, the City reserves the right to select another vendor to fulfill the remaining service units. The City will select the alternate vendor at its sole discretion. 17 ✓ULUJI9I I LIIVGIUFJG 1✓.JJUUJI ✓/'l-VI VL�fJTJ-J1JCT-LI vVVLTJI J IJ DocuSign Envelope ID:58D9F5C1-6E2F-4D18-ABA8-AID88B8F3BF8 Employee/ Contractor File Review The following documentation must be included in the employee/contractor file for all employees/contractors providing services under this contract. The following must be included in the employee files: • Employment Application • Job Description Signed by Employee • Confidentiality Agreement Re: Client Information • Authorized time sheets, records, and attendance sheets to document the staff time billed to provide Services pursuant to this Agreement • Daily activity logs and monthly calendars of the provision of Services pursuant to this Agreement • 1-9 Verification on File • Social Security Card Monitoring visits shall take place within thirty (30) days of the commencement of services. The City will provide the Contractor a minimum of two (2) business days' notice prior to a monitoring visit. The City reserves the right to inspect employee/contractor files with due notice(at least forty-eight (48)hours in advance of planned site visit) to ensure adherence to contractual expectations. Evaluation In the continuing effort to ensure programming excellence, clients will be provided with evaluation forms at the end of each programming component to gauge their satisfaction with services provided. The evaluation forms will be provided by the City and will be administered at the following times: • Upon completion of first employment session • Upon completion of final employment session The City will conduct intermittent performance evaluations for the purpose of monitoring the Contractor's performance. The City will conduct said evaluations utilizing a tool of its choice and at its sole discretion. Reporting Requirements Each month, the Contractor will provide the City with a monthly progress report and reimbursement request utilizing the City's Reporting and Reimbursement Forms (Exhibit B) by 5:00 PM on the fifth (5th)of the following month. In the event that the fifth of the month lands on a Saturday, Sunday or holiday, the report must be submitted the following business day. Reports are due to the City on the following dates: Monthly reports and reimbursement requests may be submitted via any of the following methods: • Electronic mail © Standard mail 18 vocuaign nveiope w.0000urc"-L,roc-yowo-r+ocy-teruouGMror. I DocuSign Envelope ID:58D9F5C1-6E2F-4D18-ABA8-A1 D88B8F3BF8 Hand;delivery Monthly reports will not be considered acceptable unless the following is met: • Forms are completely and accurately filled • Necessary back-up materials are included (service documentation, sign-in sheets, etc.) • Reports bear the signature of the authorized agency representative submitting the report on behalf of the Contractor Monitoring & Performance Reviews The City reserves the right to inspect, monitor and/or audit the Contractor to ensure contractual compliance. This includes, but is not limited to: • Review of on-site service delivery o Inspection and review of budgetary and employee files (for those employees providing services under this Agreement) Promotion & Public Relations Requirements The Contractor agrees to receive City of Miami Beach Homeless Outreach Program Brochures and make them available to clients during all in-person client interactions. Client Termination • Contractor staff must notify the Program Coordinator of employment client inactivity. If the Contractor is not been able to reach a client, they must notify the Program Coordinator by the eight(8) business day. Additional Documentation The following documentation must be submitted with this executed agreement: • All required insurance certificates • Copy of most recent financial audit, as appropriate • Copy of required business licenses and permits • List of all members of Contractor's Board of Directors, if applicable • Contractor's Board of Directors by-laws, if applicable o Conflict of Interest policy • Agency 990 Form • Agency W-9 Form THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK. 19 uocuign envelope IL).0000urorr-.roc-4o4o-r+oc4-CI uooe4aro i u DocuSign Envelope ID:58D9F5C1-6E2F-4D1B-ABA8-AID88B8F3BF8 EXHIBIT "B" INVOICING The Contractor agrees to provide the invoicing and services documentation as indicated utilizing the following forms attached herein: O Monthly Service Summary Report, and • Monthly Reimbursement Request 20 uocu ign cnveiope lu:000 rnH-urac-4s4o-HOL4-c uooc4ur3-Iu DocuSign Envelope ID:58D9F5C1-6E2F-41318-ABA8-A1D88B8F3BF8 EXHIBIT "C" ATTACHMENTS The following reference documents are attached: e Sample of Homeless Field Contact Form 21 Jocuslgn hnvelope ID:G6/05446-6D53-44/8-AA113-223/23Eo9uee Contract/Document Routing Form tvIAMI BEACH Contract No, Title Amenment No.1 to the Grant Agreement Between the City of Miami Beach and Favela Miami Contractor Re"•Uestin:De•ailment Favela Miami Office of Housing and Community Services De•artme, Di°ctor Name&Si:nature ACM-Name&Si na .,- ' Alba Tarre 1tA.1 Rickelle Williams : ' �S//, - t/Zg Do"Fumetit'E. • $eTe"CtOne .:.. Type 1—Contract,amendment,change order or task order resulting from a procurement-issued competitive solicitation. X Type 2—Other contract,amendment,change order or task order not resulting from a procurement-issued competitive solicitation. Type 3—Independent Contractor Agreement(ICA) Type 6—Tenant Agreement Type 4-Grant agreements with the City as the recipient Type 7—Inter-governmental agency agreement Type 5—Grant agreements with the City as the grantor Other: BriefS�umma taut•nee, attiat Mena ifsadditional s "acenis necessa In 2017,the Office of Housing&Community Services piloted a program to provide employment training to homeless individuals that accepted shelter.Following a successful pilot,funding for the employment training program became recurring in the department's operating budget.The program was halted in 2020 due to the onset of the pandemic,and the department has since identified a vendor to resume the service. On October 13,2022,the City executed an agreement with Favela Miami to provide employment services persons who are homeless in the City of Miami Beach.The City and Contractor wish to amend the Scope of Services and budget to allow temporary employment involved with the Sanitation Division of the City's Public Works Department,and to be further assisted with resume building services and referrals to temporary job agencies. The Employment Program is categorized as services to persons with disabilities and the homeless,and is therefore exempt from competitive requirements. Ori:inalTerm Renewalperiods Total Tern Ori:anal+'Renewals October 13,2022-September 30,2023 1 Year Fundin: information. Grant Funded: Yes x No State Federal Other: Cost&Fundine'Source NMI Annual•Cost Account .Re•uire Enhancement 1 $78,869.91 Homeless Services: Yes X No 011-0560-000349-23-405-575-00-00-00- Line item:Homeless Employment Training-$71,644.00 Line Item:Additional Contractual Services-$7,225.91 2 Yes No 3 Yes No 1.For contracts longer than five years,contact the Procurement Department. 2.Attach any supporting explanation needed. 3. Budget approval indicates approval for current fiscal year only. Future years are subject to City Commission approval of annual adopted operating budget. Author; to Si:n City Commission Approved: X Yes No Resolution No.: CC Agenda Item No.: CC Meeting Date: 9/14/2022 2021-31872 C7L 09/30/2021 and 9/14/2022 Resolution No.2021-31872 was passed on September 30,2021,adopting the final budget for the General Funds for Fiscal Year 2022.The Employment Services funding is incorporated into the FY 2022 budget. Legal Form Approved: x Yes No If no,explain below why form approval is not necessary: iocu ign tnvelope lu:1.0/u0440-ouaJ-44/ 1es-LLo/LOCnyuVV Com•fiance A..royals see attached Procurement: Grants: os Budget: Tameka Otto Stewa Information Technology: Risk Management: Fleet&Facilities: Human Resources: Other: 'ocu ign tnvelope IU:t.o/u0440-0U0s-44/0-rw113-ttsft3toautA, Instructions for Completing&Rout ng Cootr€act Coversheet 1. Every field must be completed.If requested information is not applicable,enter NA. 2. It is advisable to confirm authority to sign,funding/account information, risk management compliance,and controlled purchases(IT or fleet/facilities)with the appropriate department prior to routing a document. 3. Attach all supporting documentation(e.g.,resolutions,commission memorandums,etc.)when routing. 4. When creating workflow in DocuSign,in addition to the department head and applicable assistant/deputy city manager, make sure the individuals(or designees)indicated in the Required Compliance Approvals section below are included in the approval path. Note that compliance approvers must approve prior to ACM. 5. The City Manager does not need to sign the coversheet. 6. If you have any questions,contact the Procurement Department. Beq fired Cojnp`iance.Apbrovals�_ x a _4 When routing documents for approval by the city manager,in addition to the department head and applicable city manager, make sure the following individuals (or designees) are included in the approval path depending on each contract type. Type 1—Contract, amendment or task order for the purchase for the purchase of goods or services resulting from competitive solicitation. • Procurement(Alex Denis) • Budget(Tameka Otto Stewart) • Grants(Judy Hoanshelt)—if the purchase is grant funded • Controlled purchases— o Facilities and Fleet(Adrian Morales)—if the purchase involves a facilities or vehicle item o Information Technology(Frank Quintana)—if the purchase involves a technology item Type 2—Other contract or amendment for the purchase of goods or services not resulting from a procurement- issued competitive solicitation. • Procurement(Alex Denis) • Budget(Tameka Otto Stewart). • Risk Management(Sonia Bridges) • Grants(Judy Hoanshelt)—if the purchase is grant funded • Controlled purchases— o Facilities and Fleet(Adrian Morales)—if the purchase involves a facilities or vehicle item o Information Technology(Frank Quintana)—if the purchase involves a technology item Type 3—Independent Contractor Agreements • Human Resources Director Type 4—Grant agreements when City recipient • Grants(Judy Hoanshelt) Type 5—Grant agreements when City grantor • As appropriate depending on grant type Type 6—Tenant agreements • Facilities and Fleet(Adrian Morales) Type 7—Inter-governmental agency agreement • Marcia Montserrat Any other type:Contact the Procurement Department for assistance. flelet thl, o,t[(P b iorP roittini,