Agreement with Miami Rescue Mission X0 10- 7x /30.
AGREEMENT BETWEEN THE CITY OF MIAMI BEACH
AND MIAMI - RESCUE MISSION
FOR EMERGENCY SHELTER SERVICES
THIS AGREEMENT made and entered into this day f ca.._ 2010 b
Y Y
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 MIAMI RESCUE MISSION, (hereinafter referred to -as Contractor), whose
address is 2020 NW 1 St Avenue, Miami, Florida, 33127. ;
SECTION 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.
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 Exhibit "A," entitled
"Scope of Services" (Services).
SECTION 3
COMPENSATION
3.1 FIXED FEE
For the term of this Agreement, the City agrees to pay funds allocated to
Contractor equal to $15.00 per day, per bed, for fifteen (15) male beds, equal
to Eighty Two Thousand One Hundred Twenty -Five ($82,125.00) dollars, to
be used to provide shelter, meals and program participation.
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.
- 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:
City of Miami Beach
Homeless Services Program
Attention: Katherine Martinez
555 17 Street
Miami Beach, Florida 331.39.
With copies to:,
City of Miami Beach
Office of Real Estate, Housing & Community Development
Attention: Anna Parekh
555 17 Street
Miami Beach, Florida 33139
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SECTION 4
GENERAL PROVISIONS
4.1 RESPONSIBILITY OF THE CITY
The City and the Contractor shall abide by the provisions for placement
established in Exhibit "A ".
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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
The term of this Agreement shall commence on October 1, 2010, the effective
date, and shall terminate on September 30, 2015.
4.4 NOTICE TO PROCEED
The . Services to be rendered by the Contractor shall be commenced upon
verbal Notice to Proceed from the City subsequent to the execution of the
Agreement, and Contractor shall adhere to the schedule as referenced by
Exhibit "A" hereto.
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
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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.
{ 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 Consultant. 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, r as described in Section 2
and in Exhibit "A" 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 discretion, up to the date of termination. If contract .is
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terminated without cause as described in Section 2, City shall. pick -up
all finished and unfinished documents and. other. , materials from. the
Contractor at its expense.
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.
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. 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 a's provided in Section
4.6.2.
4.7 CHANGES AND ADDITIONS
Each such change /addition shall be directed by a written Notice signed by
the duly authorized representatives of the Contractor. Said Notices shall
provide an equitable adjustment in. the time of performance, a reallocation of
-the task budget and, if applicable, any provision of this Agreement, which is
affected by, said Notice. The City shall not reimburse the Contractor for the
cost of preparing Agreement change documents, written Notices to Proceed,
or other documentation in this regard.
4.8 ADDITIONAL CONDITIONS
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, General Fund and /or Community
Development Block (CDBG) Grant funds from the US Department of Housing
and Urban Development (HUD) and must be implemented in full- compliance
with all of HUD's rules and regulations. It is expressly understood and agreed
that i,n the event of curtailment or non- production of said federal grant funds,
the financial sources necessary to continue to pay the Contractor all or any.
portions of the funds contemplated herein will not be available, and that 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
availableAn 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.
The Contractor agrees to comply with all applicable federal 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, as,
same may be amended from time to time. Additionally, the Contractor will
comply with all state and local (City and County) laws and ordinances hereto
applicable. It shall be Contractor's sole and absolute. responsibility to
continually familiarize itself with any and all such applicable federal
regulations, as well as any and all applicable state and local laws and
ordinances.
4.9 RELIGIOUS ORGANIZATION OR OWNED PROPERTY
As applicable, Emergency Shelter Grant funds may be used by religious
organizations or on property owned by religious ' organizations only with the
Prior written approval from the City and only in accordance with requirements
set in 24 CFR 576.23.
4.10 CONFORMITY TO HUD REGULATIONS
The Contractor agrees to abide by guidelines set forth by the US Department
of Housing and - Urban Development for the administration and
implementation of the Emergency Shelter Grants (ESG) Program, including
all applicable federal 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. The Contractor shall comply with
the requirements and .standards of: 24 .CFR 85 (codified pursuant to OMB.
circular No. A -102), OMB Circular No. A -87, OMB Circular No. A -122, OMB
Circular A -110 (implemented as 24 CFR part 84), and /or the related ESG
provision as they relate to the acceptance and use of Emergency Shelter.
Grant amounts, as applicable. The Contractor agrees to comply with all of
the provisions of 24 CFR 576.57. In this regard, the Contractor agrees that
duly authorized representatives of the US Department of Housing and Urban
Development shall have access to any books, documents, papers and
records of the Contractor that are directly pertinent to this Agreement for the
purpose of making .audits, examinations, excerpts and transcriptions..
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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 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 Consultant'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.
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. 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, or
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sexual orientation, as applicable. Such action shall include, but not be limited
to the following: , employment,. upgrading, demotion, or termination;
recruitment or recruitment advertising; layoff or termination; rates of pay, or
other forms of compensation; and selection for training, including
apprenticeship.
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.
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:
Miami Rescue Mission
Attn: Ronald Brummit
2020 NW 1 S Avenue
(305)571 -2206
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:
Homeless Program Services
Attn: Katherine Martinez
City of Miami Beach
555 17 Street
Miami Beach, Florida 33139
Office of Real Estate Housing & Community Development
Attn: Anna Parekh
City of Miami Beach
55517 th Street
Miami Beach, Florida 33139
4.19 LITIGATION AND JURISDICTION VENUE
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, exclusive venue for the enforcement of
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same shall lie in Miami -Dade County, Florida.
4.20 ENTIRETY OF AGREEMENT
This writing and the Services embody the entire Agreement and understanding
between the parties hereto, and there are no other agreements and.
understandings, oral or written with reference to the subject matter hereof that
are not merged herein and superceded hereby.
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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 & Employers Liability as required pursuant
to Florida statute.
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
f 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.
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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,
in writing, certificates of insurance showing that the requirements of this
Section (in its entirety) have been met and provided for.
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 Consultant'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..
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to
be executed by their duly authorized officials on the day and date first. above
indicated.
FOR CITY: CITY OF MIAMI BEACH, FLORIDA
ATTEST:
By: —
City Clerk / ity nager
FOR CONTRACTOR MIAMI RESCUE MISSION.
ATTEST:
By;
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i
EXHIBIT "A,,.
"SCOPE OF SERVICES"
Emergency Shelter Services for Miami Beach Clients
r The Contractor agrees to provide a minimum of fifteen (15) guaranteed emergency
care beds per day, seven (7) days a week, twenty -four (24) hours per day to male
homeless individuals exclusively by the City of Miami Beach Homeless Services
Division to the Contractor.
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. At least. three (3) prepared and nutritious meals daily. Bagged lunches will be
provided upon request for clients attending employment or educational
appointments.
4. Clean clothing and hygiene products, if available.
5. Referrals for beds under this agreement will be available exclusively to male
individuals escorted by City of Miami Beach representatives.
6. Daily notification of availability of beds under this agreement will be
communicated to the City via electronic mail or facsimile by 9am Monday
through Friday excluding legal holidays.
7. Termination of clients from program due to case plan problems shall be at the
discretion of the City of Miami Beach upon a formal request by the Contractor
with appropriate documentation delineating causes for dismissal.
8. 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.
9. Clients being placed for shelter must be stable and sober at the time of
admission.
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Service Deliverables
The following benchmarks will be utilized to measure the program s
accomplishments:
1. Intake 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. City reserves the right to conduct weekly audits of client files to ensure
adherence to service benchmarks.
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