Agreement w/ The Salvation Army' adn~_
G ,~ N
AGREEMENT BETWEEN THE CITY OF MIAMI BEACH
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AND THE SALVATION ARMY, A GEORGIA CORPORATION, FOR THE SALVATION
ARMY OF MIAMI-DADE COUNTY
FOR EMERGENCY SHELTER SERVICES
THIS AGREEMENT made and entered into this 1st day of October, 2007, by and
between the CITY OF MIAMI BEACH, FLORIDA (hereinafter referred to as City),
having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida,
33139, and THE SALVATION ARMY, a Georgia Corporation, for the Salvation Army of
Miami-Dade County For Emergency Shelter Services (hereinafter referred to as
Contractor), whose address is 1907 NW 38T" Street, Miami, Florida, 33142.
SECTION 1
1.1 DEFINITIONS
Agreement: This Agreement between the City and Contractor.
City Manager: The Chief Administrative Officer of the City.
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
pursuant to or undertaken under this Agreement, as described in
Section 2 and Exhibits "A" and "B" hereto.
Fee: Amount paid to the Contractor to cover the costs of the 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.
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SECTION 2
SCOPE OF WORK
The scope of work to be performed by Contractor is set forth in Exhibits "A" and "B",
respectively.
SECTION 3
COMPENSATION
3.1 FIXED FEE
For the Term of this Agreement, the City agrees to pay funds allocated to Contractor,
equal to $17.29 per bed, per day, for a minimum of thirty-one (31) beds, totaling One
Hundred Ninety-five Thousand Six Hundred and Thirty-six Dollars and Thirty-five
Cents ($195,636.35), to be used by Contractor to provide Emergency Shelter
Services (such Services as set forth in Exhibits "A" and "B" hereto).
3.2 INVOICING
Contractor shall submit an invoice, which includes a description of the Services
provided including the number of beds provided, and a copy of the latest Monthly
Progress Report as generated through the Homeless Management Information
System (HMIs).
3.3 METHOD OF PAYMENT
Payments shall be made within thirty (30) days of the date of invoice, in a manner
satisfactory to and as approved and received by the City. Contractor shall mail all
invoices to:
TO CITY:
City of Miami Beach
Attn: Ingrid Usaga
Office of Community Services
1700 Convention Center Drive
Miami Beach, Florida 33139
WITH COPIES TO:
City of Miami Beach
Attn: Vivian P. Guzman
Neighborhood Services Department
1700 Convention Center Drive
Miami Beach, Florida 33139
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SECTION 4
GENERAL PROVISIONS
4.1 [INTENTIONALLY OMITTED]
4.2 PUBLIC ENTITY CRIMES
A State of Florida Form PUR 7068, Sworn Statement under Section 287.133(3)(a)
Florida Statute on Public Entity Crimes shall be filed with the City's Procurement
Division, prior to commencement of the Services herein.
4.3 DURATION AND EXTENT OF AGREEMENT (TERM)
The term of this Agreement shall commence upon execution of this Agreement, by all
parties hereto, and shall terminate on September 30, 2008, with an option for the
City, at its sole discretion, to renew for an additional two (2) one-year terms.
4.4 [INTENTIONALLY OMITTED]
4.5 INDEMNIFICATION
Contractor agrees to indemnify and hold harmless the City of Miami Beach and its
officers, employees and agents, from and against any and all actions, claims,
liabilities, losses, and expenses, including, but not limited to, attorneys' fees, for
personal, economic or bodily injury, wrongful death, loss of or damage to property, at
law or in equity, which may arise or be alleged to have arisen from the negligent acts,
errors, omissions or other wrongful conduct of the Contractor, its employees, agents,
sub-consultants, or any other person or entity acting under Consultant's control, in
connection with the Contractor's performance of the Services pursuant to this
Agreement; and 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's obligation under this Subsection shall not include the obligation to
indemnify the City of Miami Beach and its officers, employees and agents, from and
against any actions or claims which arise or are alleged to have arisen from negligent
acts or omissions or other wrongful conduct of the City and its officers, employees
and agents. The parties each agree to give the other party prompt notice of any
claim coming to its knowledge that in any way directly or indirectly affects the other
party.
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4.6 TERMINATION, SUSPENSION AND SANCTIONS
4.6.1 Termination for Cause
If the Contractor shall fail to fulfill in a timely manner, or otherwise
violate any of the covenants, agreements, or stipulations material to this
Agreement, the City shall thereupon have the right to terminate the
Services then remaining to be performed. Prior to exercising its option
to terminate for cause, the City shall notify the Contractor of its violation
of the particular terms of this Agreement and shall grant Contractor
seven (7) days to cure such default. If such default remains uncured
after seven (7) days, the City, upon three (3) days' notice to Contractor,
may terminate this Agreement and the City shall be fully discharged
from any and all liabilities, duties and terms arising out of/or by virtue of
this Agreement.
Notwithstanding the above, the Contractor shall not be relieved of
liability to the City for damages sustained by the City by any breach of
the Agreement by the Contractor. The City, at its sole option and
discretion, shall additionally 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 right and remedies against-the defaulting party. The
City shall be entitled to recover all costs of such actions, including
reasonable attorneys' fees. To the extent allowed by law, the defaulting
party waives its right to jury trial and its right to bring permissive counter
claims against the City in any such action.
4.6.2 Termination for Convenience of City
The City may also, for its convenience and without cause, terminate the
Services then remaining to be performed at any time during the term
hereof by giving written notice to Contractor of such termination, which
shall become effective five (5) days following receipt by the Contractor
of the written termination notice. In that event, all finished or unfinished
documents and other materials, as described in Section 2 and in Exhibit
"A" and "B" shall be properly assembled and delivered to the City, at
Contractor's sole cost and expense. If the Agreement is terminated by
the City as provided in this subsection, Contractor shall be paid for any
Services satisfactorily performed, as determined by the City at its sole
discretion, up to the date of termination.
4.6.3 Termination for Insolvency
The City also reserves the right to terminate the remaining Services to
be performed 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 4.6.2.
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4.6.4 Sanctions for Noncompliance with Nondiscrimination Provisions
In the event of the Contractor's noncompliance with the
nondiscrimination provisions of this Agreement, as applicable, the City
shall impose such sanctions as the City or the State of Florida may
determine to be appropriate, including but not limited to, withholding of
payments to the Contractor under the Agreement until the Contractor
complies and/or cancellation, termination or suspension of the
Services Agreement. In the event the City cancels or terminates the
Services pursuant to this Subsection the rights and obligations of the
parties shall be the same as provided in Section 4.6.2.
4.7 CHANGES AND ADDITIONS
No change/addition and/or amendment to the Agreement shall be valid
unless memorialized in writing and executed by the duly authorized
representatives of the City and Contractor.
4.8 TERMINATION FOR LACK OF FUNDS
4.8.1 It is expressly understood and agreed by the parties hereto that
monies to be used by Contractor, as contemplated by this Agreement,
may originate from City of Miami Beach Resort Tax and/or the City's
General Fund, and must be implemented in full compliance with all
applicable City, County, State of Florida, and Federal rules and
regulations. It is expressly understood and agreed that in the event of
curtailment or non-production of said funds and/or the financial
sources necessary to continue to pay the Contractor all or any
portions of the funds contemplated herein will not be available, then
this Agreement will thereby terminate effective as of the time that it is
determined by the City, in its sole discretion and judgment, that said
funds are no longer available. In the event of such determination, the
Contractor agrees that it will not look to, nor seek to hold liable, the
City nor any individual member of the City Commission and/or City
Administration thereof personally for the performance of this
Agreement and all of the parties hereto shall be released from further
liability each to the other under the terms of this Agreement.
4.8.2 The Contractor agrees to comply with all applicable City, County,
State, and Federal laws, ordinances, and regulations as they may
apply to program administration and to carry out each activity in
compliance with the laws and regulations as described in 24 CFR 576,
asp same may be amended from time to time. It shall be Contractor's
sole and absolute responsibility to continually familiarize itself with any
and all such applicable regulations, laws, and/or ordinances.
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4.9 [INTENTIONALLY OMITTED]
4.10 [INTENTIONALLY OMITTED]
4.11 AUDIT AND INSPECTIONS
With 24-hour written notice, the City and/or such representatives as the City
may deem to act on its behalf, may, during normal business hours, audit,
examine and make audits of all contracts, invoices, materials, payrolls,
records of personnel, conditions of employment and other data relating to all
matters covered by this Agreement. Contractor shall maintain any and all
records necessary to document compliance with the provisions of this
Agreement.
4.12 ACCESS TO RECORDS
Contractor agrees to allow access during normal business hours to all
financial records pertaining to this Agreement to the City and/or such
authorized representatives as it may deem to act on its behalf, and agrees to
provide such assistance as may be necessary to facilitate financial audit by
the City or its representatives when deemed necessary to insure compliance
with applicable accounting and financial standards. Contractor shall allow
access during normal business hours to all other records, forms, files, and
documents which have been generated in performance of this Agreement, to
those personnel as may be designated by the City.
4.13 ASSIGNMENT, TRANSFER OR SUBCONTRACTING
The Contractor shall not subcontract, assign, or transfer any work under this
Agreement without the prior written consent of the City.
4.14 SUB-CONTRACTORS
The Contractor shall be liable for the Contractor's services, responsibilities
and liabilities under this Agreement and the services, responsibilities and
liabilities of sub-contractors, and any other person or entity acting under the
direction or controls of the Contractor. When the term "Contractor" is used in
this Agreement, it shall be deemed to include any sub-contractors and any
other person or entity acting under the direction or control of Contractor. All
sub-contractors must be approved of in writing prior to their engagement by
Contractor.
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4.15 EQUAL EMPLOYMENT OPPORTUNITY
In connection with the performance of this Agreement, the Contractor shall
not discriminate against any employee or applicant for employment because
of race, color, religion, ancestry, sex, age, and national origin, place of birth,
marital status, or physical handicap In accordance with the Civil Rights Act of
1964. The Contractor shall take affirmative action to ensure that applicants
are employed and that employees are treated during their employment
without regard to their race, color, religion, ancestry, sex, age, national origin,
place of birth, marital status, disability, ~'~'R~jC~d~l'QI,P~1~t`d~f, as applicable.
4.16 CONFLICT OF INTEREST
The Contractor agrees to adhere to and be governed by the Metropolitan
Miami-Dade County Conflict of Interest Ordinance (No. 72-82), as amended;
and by the City of Miami Beach Charter and Code, which are incorporated by
reference herein as if fully set forth herein, in connection with the Agreement
conditions hereunder.
The Contractor covenants that it presently has no interest and shall not
acquire any interest, direct or indirectly which should conflict in any manner
or degree with the performance of the Services. The Contractor further
covenants that in the performance of this Agreement, no person having any
such interest shall knowingly be employed by the Consultant. 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 there from.
4.17 PATENT RIGHTS; COPYRIGHTS; CONFIDENTIAL FINDINGS
Any patentable result arising out of this Agreement, as well as all information,
design specifications, processes, data and findings, shall be made available
to the City for public use.
No reports, other documents, articles or devices produced in whole or in part
under this Agreement shall be the subject of any application for copyright or
patent by or on behalf of the Contractor or its employees or subcontractors.
4.18 NOTICES
All notices and communications relating to the day-to-day activities shall be
exchanged between the Project Manager appointed by the Contractor and
the Program Coordinator designated by the City. The Contractor's Project
Manager and the City's Program Coordinator shall be designated promptly
upon commencement of Services.
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All other notices and communications in writing required or permitted
hereunder may be delivered personally to the representatives of the
Contractor and the City listed below or may be mailed by registered mail.
Until changed by notice in writing, all such notices and communications shall
be addressed as follows:
TO CONTRACTOR:
The Salvation Army -Miami Area Command
Attn: Carol Davis
1907 NW 38t" Street
Miami, Florida 33142
(305)637-6722
TO CITY:
City of Miami Beach
Attn: Hilda Fernandez/Office of the City Manager
1700 Convention Center Drive
Miami Beach, Florida 33139
(305) 673-7077
WITH COPIES TO:
City of Miami Beach
Attn: Ingrid Usaga
Office of Community Services
1700 Convention Center Drive
Miami Beach, Florida 33139
4.19 GOVERNING LAW AND EXCLUSIVE VENUE
This Agreement shall be governed by, and construed in accordance with, the
laws of the State of Florida, both substantive and remedial, without regard to
principles of conflict of laws. The exclusive venue for any litigation arising out
of the Agreement shall be Miami-Dade County, Florida, if in state court, and
the U.S. District Court, Southern District of Florida, if in federal court. BY
ENTERING INTO THIS AGREEMENT, THE CITY AND THE CONTRACTOR,
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.
4.20 [INTENTIONALLY OMITTED]
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4.21 INSURANCE REQUIREMENTS
The Contractor shall not commence any work 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. The Provider shall
maintain and carry in full force during the term of this Agreement and
throughout the duration of this project the following insurance:
a. Workers Compensation as required pursuant to Florida Statute, and
Employers Liability at a minimum of $100,000.
b. Thirty (30) days written notice of cancellation or substantial
modification in the insurance coverage must be given to the City's Risk
Manager by the Contractor and his insurance company.
c. The insurance must be furnished by insurance companies authorized
to do business in the State of Florida and approved by the City's Risk
Manager.
d. Original certificates of insurance for the above coverage must be
submitted to the City's Risk Manager for approval prior to any work
commencing. These certificates will be kept on file in the Office of the
Risk Manager, Third Floor, City Hall.
e. The Contractor is responsible for obtaining and submitting all
insurance certificates for their Contractors.
All insurance policies must be issued by companies authorized to do business
under the laws of the State of Florida. The companies must be rated no less
than "B+" as to management and not less than "Class IV" as to strength by the
latest edition of Best's Insurance Guide, published by A.M. Best Company,
Oldwick, New Jersey, or its equivalent, subject to the approval of the City's
Risk Manager. .
Compliance with the foregoing requirements shall not relieve the Contractor of
liabilities and obligations under this Section or under any other portion of this
Agreement, and 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.
4.22 ENDORSEMENTS
All of the Contractor's certificates, above, shall contain endorsements
providing that written notice shall be given to the City at least thirty (30) days
prior to termination, cancellation or reduction in coverage in the policy.
4.23 CERTIFICATES
Unless directed by the City otherwise, the Contractor shall not commence any
services pursuant to this Agreement until the City has received and approved,
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in writing, certificates of insurance showing that the requirements of this
Section (in its entirety) have been met and provided for.
4.24 ENTIRETY OF AGREEMENT
This writing and the Scope of Services embody the entire Agreement and
understanding between the parties hereto, and there are no agreements and
understandings, oral or written with reference to the subject matter hereof that
are not merged herein and superseded hereby. To the extent that any term in
the Scope of Services is inconsistent with this Agreement, this Agreement
shall prevail.
4.25 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 $1,000. 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 $1,000.
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 $1,000 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 paragraph 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.
[THE REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK]
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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:
I
By: 6 ~ By:
City Clerk ty a ge
FOR CONTRACTOR: THE SALVATION ARMY, A GEORGIA CORPORATION
ATTEST:
By:
Sec tary / gnature
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By:
Presi nt 1 Signature
a18t1@S POWeq
(Print Name)
Corporate Seal
STEPHEN-FELTS
(Print Name)
APPROVED AS TO
FORM & LANGUAGE
8- FOR EXECUTION
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EXHIBIT "A"
"SCOPE OF SERVICES"
Emergency Shelter Services for Miami Beach Clients
The Contractor agrees to provide a minimum of thirty-one (31) guaranteed
emergency care beds per day, seven (7) days a week, twenty-four (24) hours per day
(for males, females and/or families) to homeless individuals and families referred
exclusively by the City of Miami Beach Neighborhood Services Department /Office of
Community Services to the Contractor, under the same terms and conditions as
specified in the Contractor's Contract No. 0708-7 dated October 1, 2007 with Miami-
Dade County .This reservation of beds is in addition to the Contractor's current
arrangements with the Miami-Dade County Homeless Trust.
Emergency beds include, but are not limited to:
1. Emergency housing is limited to a period not to exceed ninety (90) days per
client unless expressly authorized by the City.
2. On-site supervision.
3. Client assessment for needed services within seventy-two (72) hours of
admittance to shelter, with copies of the client assessment forwarded to the
City.
4. Bilingual case management, information and referral to ancillary services,
independent living skills preparation, as outlined in the Miami-Dade County
Continuum of Care, with documentation of such services provided to the City
in the form of case or client progress notes during mutually agreed upon
meetings between City of Miami Beach staff and Salvation Army staff to
discuss clients placed by Miami Beach.
5. At least three (3) prepared and nutritious meals daily. Bagged lunches will be
provided upon request for clients, without income, attending employment or
educational appointments.
6. Health, substance abuse, mental health screening and treatment, and
referrals, as appropriate, with copies of said referrals during mutually agreed
upon meetings between City of Miami Beach staff and Salvation Army staff to
discuss clients placed by Miami Beach.
7. Assist clients in obtaining entitlements (such as SSI, VA, TANF, Medicaid,
and/or other entitlements).
8. Referral to educational and vocational services, as appropriate, with copies
provided during mutually agreed upon meetings between City of Miami Beach
staff and Salvation Army staff to discuss clients placed by Miami Beach.
9. Referral to appropriate housing and follow-up, with copies of said referrals
forwarded to the City.
10. Testing for tuberculosis with seventy-two (72) business hours of admittance to
shelter, with results forwarded to the City.
11. Clean clothing and hygiene products, if available.
12. Referrals for beds under this agreement will be available exclusively to
individuals and families escorted by City of Miami Beach representatives.
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13. Daily notification of availability of beds under this agreement will be
communicated to the City via electronic mail or facsimile by gam Monday
through Friday excluding legal holidays.
14. Contractor retains the right to immediately dismiss clients for failure to adhere
to Contractor's Rules and Regulations. The Contractor must notify the City in
writing of such within twenty-four (24) hours of termination.
15. Clients being placed for shelter must be stable and sober at the time of
admission and while a program participant.
Service Deliverables
The following benchmarks will be utilized to measure the program's
accomplishments:
1. Placement will be available seven days (7) per week, twenty-four (24) hours
per day.
2. Contractor will provide daily bed availability status via electronic mail or
facsimile by gam, Monday through Friday, excluding holidays.
3. Within seventy-two (72) business hours of program admission:
a: Client will have completed intake, assessment and formulated a plan of
action in conjunction with Contractor and City staff.
b. Medical needs will be met including tuberculosis test and completion of
mental health assessment by Contractor, as appropriate.
4. Within seven (7) days of program admission:
a. Client will have applied for financial entitlements, if appropriate, via
Contractor and City staff collaboration.
b. Client will meet with either on-site job developer or City staff to schedule
job interviews.
c. If appropriate, client will meet with drug and alcohol counselor provided
by Contractor.
5. Within ninety (90) days of program admission:
a. Client will be transitioned to appropriate transitional or permanent
housing.
b. Documentation of client transition will be forwarded to the City.
6. City reserves the right to conduct periodic audits of client files to ensure
adherence to service benchmarks, including, but not limited to, case plan
timelines, submission of identified referrals, and submission of all required
case plan-related documentation.
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EXHIBIT "B"
"SCOPE OF SERVICES"
Core Functions of Temporary Care Facilities
The Mission and Purpose of temporary care facilities is to provide emergency
housing and care to individuals in dire need, including, but not limited to,
assessment, case management, linkage and referral to supportive services and
housing opportunities within the Continuum of Care and community-at-large.
Core Functions: Temporary care facilities shall provide the following core functions to
their clients:
• Emergency Housing, including clothing, if available, meals, and initial health
screening for tuberculosis.
• Comprehensive Assessment of current social, health (including mental health
and substance use/abuse), and employment/education conditions.
• Development of Individualized Continuum of Care Plans describing a client's
needs for supportive services, establishing aservice/referral plan and outlining
the client's personal goals towards attaining residential, financial and personal
stability and self-sufficiency.
• Linkage/Referral to internal and external supportive services including, but not
limited to, benefit programs, in-patient or out-patient mental health or
substance abuse treatment or support groups, education/vocational
opportunities, job counseling, training and placement, child care and legal
services, and transportation.
• Outplacement to appropriate housing opportunities in the Primary or Advanced
Care levels of the Continuum of Care, in the Dade County community or in the
local affordable housing market.
General Standards -Program Environment
Residents
Homeless individuals and families served by temporary care facilities shall be
accorded dignity and respect. A grievance procedure providing for fair notice
and hearing shall be made known and available to clients by which to seek
redress in the event that a client has a grievance regarding the operation of
the temporary care facility or should a client believe that he or she has been
unfairly accused of a rule infraction, or in the event of a decision by the
temporary care provider to refuse or terminate services to the client.
Temporary care facilities shall demonstrate sensitivity to clients' primary
language and cultural background.
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• Clients have both privileges and responsibilities relating to their stay at the
temporary care facility which shall be set forth in a Resident/Client Agreement
that each client must sign upon admission to the temporary care facility.
Safe Environment:
All temporary care facilities shall establish and enforce house rules governing use of
alcohol, illegal use of controlled substances, fighting, violent and/or inappropriate
behavior for the purpose of protecting the health and safety of clients and staff.
Temporary Care Facility Staff:
Temporary care facility administrators shall ensure that facility staff have the
qualifications, proper training and supervision necessary and appropriate to the job
function(s) with which such staff members are entrusted.
Non-Discrimination In The Provision Of Housing And Services:
There shall be no discrimination on the basis of race, color, gender, sexual
orientation, disability, religion, or national origin in the provision of emergency
housing and services to clients by temporary care providers. No religious practice or
affiliation requirement shall be imposed upon clients or prospective clients.
Coordination, Cooperation and Integration:
Each Temporary Care Provider shall work closely and cooperatively with the Dade
County Homeless Trust, the OAP Program and OAP Program Providers, all other
Trust-funded providers as well as other community-based service providers to
homeless individuals and families.
Provision Of Emergency Housing:
Housing:
Length of Stay: Length of stay shall be determined by the temporary care
facility, consistent with the Dade County Community Homeless Plan goals for
emergency care - to encourage the client's attainment of long-term self-
sufficiency through the optimal utilization of housing and services offered
through the Continuum of Care's Primary and Advanced stages of care.
Clients are expected to reside at temporary care facilities for a short period of
time (ninety (90) days ). Extension of a maximum length of stay, set by the
temporary care facility, shall be made on a case-by-case basis, predicated on
the client's demonstrated commitment to the goals established by the client
with the assistance of case management in his or her individualized
Continuum of Care Plan.
Violations of temporary care facilities house rules may be grounds for
terminating a client's length of stay and/or privilege of re-admission. Separate
Sleeping Quarters and Personal Hygiene Facilities: Separate sleeping
quarters and personal hygiene facilities shall be maintained for (a) single male
adults; (b) single female adults and (c) families.
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Quality of Housing: Temporary care facilities shall maintain safe, clean and
sanitary conditions and opportunity to safe keep papers, documents and
valuables. Beds, pillows and bed coverings (e.g. sheets and blankets) shall be
clean and sanitary (e.g. free of infestation).
Personal Hygiene Facilities: Personal hygiene facilities shall be made
available to each client. Such personal hygiene facilities shall be kept clean
and sanitary and maintained in operable working condition at all times, subject
to periodic temporary interruptions due to maintenance or repair.
Resident Participation in General Housekeeping: Clients may be required
to participate in the general housekeeping of the temporary care facility.
Meal Standards:
Provision of Meals: Clients shall be provided a minimum of two meals a day,
one of which must be a hot meal.
Meal Standard: All meals served shall be nutritionally sound and balanced in
compliance with standards and/or regulations adopted and/or issued by the
local public authority responsible for the regulation of facilities which serve
meals at residential facilities.
Clothing Standards:
Donated Clothing: Donated clothing must be washed/sanitized prior to
distribution to clients.
Health Screenings:
Immediate Health Screening: To reduce risk of harm to other clients and
staff, temporary care facilities shall arrange for health screenings for
tuberculosis, within thirty-six (36) hours of the client's entry into the facility.
Clients determined to pose a direct threat to the health of others shall be sent
to a hospital for chest x-rays and follow-up treatment.
Full Medical Assessment and Evaluation: Temporary care facilities shall
arrange for a full medical assessment and evaluation (i.e. complete physical)
for each client within seventy-two (72) business hours of the client's entry into
the facility.
Facilities Standards And Licensing/Certification:
Temporary Care Facilities in General: Temporary care facilities shall comply
with all local and state ordinances, regulations and laws governing residential
facilities and secure necessary licensing as may be required under such local
or state law.
Food Preparation and/or Dining Facilities: Food preparation and/or dining
facilities located at temporary care facilities must comply with all local and
state ordinances, regulations and laws governing facilities which serve meals
to the public in a residential facility or otherwise. Temporary care facilities must
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secure necessary licensing or certification as may be required'by the local
public authority responsible for the regulation of facilities which serve meals to
the public.
Environmental/Structural Controls and Procedures to Prevent/Control
Spread of Communicable Diseases: Temporary care facilities shall comply
with all local and state ordinances, regulations and laws governing the
prevention and/or control of the spread of communicable, air-borne diseases
within residential facilities which may include the implementation of structural
or environmental measures and notification and health screening procedures.
Temporary Care Case Management:
Case Management Services In General:
• The Mission and Purpose: of temporary care facilities is emergency housing
and care. The case management function at temporary care facilities shall be
one of assessment, advocacy and linkage as opposed to treatment due to the
short stay of clients. Assisting the client in obtaining needed housing and
services shall be the essential function of the temporary care facility.
• The Primary Purpose of Case Management Services: is to integrate
various internal and external service components into a coherent constellation
of services tailored to meet the unique needs of individuals. Case
Management shall be concerned with service coordination and problem
solving in an attempt to insure appropriate service provision and continuity.
• Partnerships: The temporary care facility shall develop partnerships with
government, not-for-profit and community-based agencies or organizations or
programs to coordinate and provide services to its clients.
• Case Managers: The case manager shall be responsible for producing a
comprehensive assessment of the client's current social, health (including
mental health and substance use/abuse) and education/employment
conditions and needs. The case manager shall play a major role in assisting
the resident in the development and implementation of a Continuum of Care
Plan which will enable the client to successfully achieve his or her personal
goals and objectives by addressing unmet needs.
• Client Rapport: Development of a rapport between the client and his or her
case manager, establishing trust and familiarity, is deemed integral to
establishing an effective case management service plan and a realistic, client-
developed Continuum of Care Plan.
• Scope of Case Management Services: The scope of case management
services provided shall be client directed.
Core Case Management Functions
Core Functions of a temporary care facilities case management program shall be:
Assessment - a thorough evaluation detailing the client's current and potential
strengths, weaknesses, service needs and appropriate resources to meet the
service needs.
17
• Planning -the development of a holistic service plan with each client,
containing service goals and appropriate timeliness.
• Linkage/Brokerage -the process of referring or transferring clients to all
required internal and external services.
• Monitoring -the continuous evaluation of the client's progress, leading to
reassessment and development of new service plans, linkages, or other
dispositions as indicated.
• Advocacy -interceding on behalf of a client or group of clients to assure
access to needed services and/ or resources.
Areas of Case Management Intervention should include but are not limited to:
• Service Planning.
• Assistance in obtaining food and clothing and transportation.
• Referrals for in- orout-patient mental health services, substance abuse
treatment, and medical services.
• Assistance in obtaining benefits.
• Referrals to self-sufficiency related programs such as adult education,
vocational training, job counseling, training and permanent placement
services, child care and legal services and transportation.
• Assistance and referral to obtain appropriate housing placement in the Primary
or Advanced Care levels of the Continuum of Care, in the Dade County
Community or in the local affordable housing market.
Comprehensive Assessment:
^ Comprehensive Assessment Case Management Services: Case
management services are conducted through a comprehensive assessment of
the client's current social, health (including mental health and substance
use/abuse) and education/employment conditions. Screening for emotional
disorders and dysfunction, including substance abuse, and for other serious
mental health impediments to independence, shall be performed by, or under the
supervision of, qualified mental health or substance abuse professionals.
^ Client Rapport: Development of a rapport between the client and facility staff
responsible for the assessment function, establishing trust and familiarity, is
deemed integral to performing a thorough and accurate comprehensive
assessment of the client's needs and to establishing an effective case
management service plan and a realistic, client-developed Continuum of Care
Plan.
^ Comprehensive Assessment within 72 Business Hours: A comprehensive
assessment of the client's current social, health and education/employment
conditions shall commence within seventy-two (72) business hours of admission
of the client to the temporary care facility.
18
^ Contents of Comprehensive Assessment: The comprehensive assessment
shall include treatment and referral recommendations and will form the basis for
the client's individualized Continuum of Care Plan and referral services provided
to the client. The comprehensive assessment shall be comprised of information
gathered by the OAP Program, by the Dade County Homeless Trust, at intake,
through client interviews and through medical and referral information.
Individualized Continuum Of Care Plan:
^ Client-Developed Continuum of Care Plan -Timeliness: Clients shall be
assisted in initiating an individualized Continuum of Care Plan within Twenty-four
(24) hours of the completion of their comprehensive assessment of their current
social, health and education/employment conditions and needs.
^ Client Contract: The Continuum of Care Plan is an individualized contract
based upon the participant's current state, capabilities and personal goals. The
Continuum of Care Plan shall describe the participant's needs for supportive
services and outline the steps that the participant must take in order to begin the
personal process towards residential and financial stability and self-sufficiency.
The client's signature on the Continuum of Care Plan signifies his or her
commitment to obtaining residential, financial and personal stability and self-
sufficiency.
^ Basis of Individualized Continuum of Care Plan: The individualized
Continuum of Care Plan shall be based on the comprehensive assessment of
client's conditions and needs, as well as case management recommendations,
and the client's personal goals and objectives. Goals and/or services sought by
the client should be consistent with those articulated by the client during initial
engagement and assessment by the Trust-coordinated Outreach, Assessment
and Placement Program.
^ Potential Needs to be Reflected in Client's Goals and Objectives: The
individualized Continuum of Care Plan should address the following goals and
objectives that respond to the following potential needs: health (physical and
mental health, including substance abuse),
Client Confidentiality And Sharing of Information:
^ Client Expectation of Privacy: Temporary care facilities shall comply with all
federal and state laws and regulations governing the confidentiality of information
regarding AIDS/HIV status and medical, substance abuse or mental health
history, referral or treatment. Clients may expect a reasonable degree of privacy
with regard to information not otherwise protected from disclosure by federal or
state laws and regulations that is shared with the temporary care facility staff
members.
19
^ Personal Mail and Telephone Calls: Temporary care facilities shall respect
the privacy of a client's personal mail and telephone calls.
Exceptions to Client Confidentiality: Client information may be subject to
disclosure as provided by law including investigation by law enforcement,
probation officers, and HRS protective services related to minors or the elderly,
subject to any limitations on disclosure set forth in state or federal law, including
those laws protecting the confidentiality of information regarding AIDS/HIV status
and medical, substance abuse or mental health history, referral or treatment.
^ Sharing of Client Information: Sharing of client information with other
providers to whom the client may be referred is necessary to ensure effective
provision of services, continuity in care, and efficient use of Continuum resources.
The necessity of sharing information with other providers shall be explained to the
client. Client information shall only be shared upon the client's written consent.
Outplacement Services:
^ Urgency: The mission and purpose of temporary care facilities is to provide
emergency housing and care to individuals in dire need. In keeping with this
purpose, the temporary care facility should make every effort to secure an
appropriate housing placement for a client as soon as possible. Case manager
should be thinking of appropriate out-placement by the time the Continuum of
Care Plan is signed and implemented.
Provider Relationships: Temporary care facility case managers are
expected to develop strong working relationships with primary and/or advanced
care case managers to ensure an effective planning process and smooth
transition between housing programs.
^ Effective Planning Process to Ensure Smooth Transition: The planning
process should strive to ensure that minimal disruption occurs during the
transition from one provider to another. The planning process is intended to
ensure that services provided to the client at or through referral by the temporary
care facility are maintained and that the provision of additional services are
arranged for the client prior to transfer, consistent with the client's individualized
Continuum of Care Plan.
^ Outplacement Packet: The necessity to cooperate with both the Temporary
Care Provider and the provider with whom the client has been placed in order to
ensure effective service provision and continuity of care shall be explained to the
client. Upon the written consent of the client, an outplacement packet shall be
prepared for the provider with whom the client has been placed. The
outplacement packet shall contain the client's comprehensive assessment,
Continuum of Care Plan and referral history and notes for the purpose of ensuring
continuity in service provision and in the client's commitment to his or her goals
and objectives.
20
SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(A).
FLORIDA STATUTES ON PUBLIC ENTITY CRIME
THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER
OFFICIAL AUTHORIZED TO ADMINISTER OATHS.
This sworn statement is submitted to The City of Miami Beach, Florida
S41S7khT TRFASI!RFR
By
STEPHEN ELLIS
(print this individual's name and title)
for The Salvation Army, Miami-Dade County
(print name of entity submitting statements)
whose business address is 1907 NW 38th Street , Miami , FL 33142
and if applicable whose Federal Employer Identification Number (FEIN) is 58-0660607
If the entity has no FEIN, include the Social Security Number of the individual signing this sworn Statement:
2. I understand that a "public entity crime" as defined in paragraph 287.133(1)(a), Florida Statutes, mean a
violation of any state or federal law by a person with respect to and directly related to the transactions of
business with any public entity or with an agency or political subdivision of any other state or with the United
States including, but not limited to any bid or contract for goods or services to be provided to any public
entity or any agency or political subdivision of any other state or of the United States and involving antitrust,
fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation.
3. I understand that "convicted" or "convection" as defined in Paragraph 287.133(1)(b), Florida Statutes means
a finding of guilt or a conviction of a public entity crime, with or without adjudication of guilt, in any federal
or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a
result of a Jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere.
4. I understand that an "affiliate" as defined in paragraph 287..133(1)(a), Florida Statutes, means:
1. A predecessor or successor of a person convicted of public entity crime; or
2. An entity under the control of any natural person who is active in the management of the entity and who
has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives,
partners, shareholders, employees, members, and agents who are active in the management of an affiliate.
The ownership by one person of shares constituting a controlling interest in another person, or a pooling of
equipment or income among persons when not for fair market value under an arm's length agreement, shall
be a prima facie case that one person controls another person. A person who knowingly enters into a joint
venture with a person who has been convicted of a public entity crime in Florida during the preceding 36
months shall be considered an affiliate.
I understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural
person or entity organized under the laws of any state or of the United States with the legal power to enter
into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let
by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term
"person" includes those officers, executives, partners, shareholders, employees, members, and agents who are
active in management of an entity.
6. Based on information and belief, the statement which I have marked below is true in a relation to the entity
submitting this sworn statement. (Please indicate which statement applies).
36
~_ Neither the entity submitting this sworn statement, nor any of its officers, directors, executives,
partners, shareholders, employees, members, or agents who are active in the management of the entity, or any
affiliate of the entity has been charged with and convicted of a public entity crime within the past 36 months.
The entity submitting this sworn statement, or one or more of its officers, directors, executives,
partners, shareholders, employees, members, or agents who are active in the management of the entity, or an
affiliate of the entity has been charged with and convicted of a public entity crime within the past 36 months.
AND (Please indicate which additional statement applies).
^ The entity submitting this sworn statement, or one or more of its officers, directors, executives,
partners, shareholders, employees, members, or agents who are active in the management of the entity, or
agents who are active in the management of the entity, or an affiliate of the entity has been charged with and
convicted of a public entity crime within the past 36 months. However, there has been a subsequent
proceeding before a Hearing Officers of the State of Florida, Division of Administrative Hearings and the
Final Order by the Hearing Officer determined that it was not in the public interest to place the entity
submitting this sworn statement on the convicted vendor list. (Attached is a copy of the final order),
I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR
THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH ] (ONE) ABOVE IS FOR THE PUBLIC ENTITY
ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR
IN WHICH IT IS FILED AND FOR TI-IE PERIOD Ol< THE CONTRACT ENTERED INTO, WHICHEVER
PERIOD IS LONGER. I ALSO NDERSTAND THAT I Aiv! REQUIRED TO INFORM THE PUBLIC
ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT
PROVIDED IN SECTION 28i.0I7, FLORIDA STATUTES, I"~R CATEGORY TWO OF ANY CHANGE
IN THE ORMATION CONTAINED IN TI-lIS FOB*~i.
~FtE SnCVAT'ON ARMY, A GEORGIA CORPORATION
~,
i a re)
City of
STATE OF GEORGIA
Sworn and subscribed before me this~day of ~[5~2.4f~IJ~-2, > 200 y
STEPHEN
is Personally known to "~S~ANT-TREASt1RER
1
Or who produced
Notary Public-State of~lerie}n
u t7nae~y.~tcooy+~tl
(Printed, typed or stamped com issione name of notary public)
My commission expires
`~~~`° ~N V WjC''~~i,~
~~``~Q`-~~•~tss~oN~•c•~:y0 ~'~i
~~'+;:~ APRIL ~~'
2010 t:
ti• ° ~
37
THE SALVATION ARMY POLICY STATEMENT
ON RELATIONSHIPS WITH OTHER GROUPS AND ORGANIZATIONS
The Salvation Army in the United States works cooperatively with many groups -
governmental, social service, civic, religious, business, humanitarian, educational,
health, character building, and other groups - in the pursuit of its mission to preach the
Christian Gospel and meet human need.
Any agency, governmental or private, which enters into a contractual or cooperative
relationship with The Salvation Army should be advised that:
1. The Salvation Army is an international religious and charitable movement,
organized and operated on aquasi-military pattern, and is a branch of the
Christian church.
2. All programs of The Salvation Army are administered by Salvation Army
Officers, who are ministers of the Gospel.
The motivation of the organization is love of God and a practical concern
for the needs of humanity.
4. The Salvation Army's provision of food, shelter, health services, counseling,
and other physical, social, emotional, psychological and spiritual aid, is
given on the basis of need, available resources and established program
policies.
Organizations contracting and/or cooperating with The Salvation Army maybe assured
that because The Salvation Army is rooted in Christian compassion and is governed by
Judeo-Christian ethics, The Salvation Army will strictly observe all provisions of its
contracts and agreements.
Commissioners Conference:
May-96