Lotus House Women's Shelter, Emergency Shelter Services Agreement 2aAt— 23'VoY 2
AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA
AND SUNDARI FOUNDATION, INC. (LOTUS HOUSE WOMEN'S SHELTER)
FOR
EMERGENCY SHELTER SERVICES
THIS AGREEMENT made and entered into this 1st day of May, 2014 (Effective
Date), 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 SUNDARI FOUNDATION, INC. (LOTUS HOUSE WOMEN'S
SHELTER), a Florida Corporation, (hereinafter referred to as Contractor), whose
address is 1514 NW 2"d Avenue, Miami FL 33136.
SECTION 1
1.1 DEFINITIONS
Agreement: This Agreement between the City and Contractor, and any
exhibits and/or attachments hereto.
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 Exhibit "A" hereto.
Fee (Compensation): 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.
Page 1 of 22
SECTION 2
SCOPE OF WORK (SERVICES)
The scope of work to be performed by Contractor is set forth in Exhibit "A," and "B",
entitled, respectively, "Scope of Services" and "Service Deliverables".
SECTION 3
COMPENSATION
3.1 FIXED FEE
For the Term of this Agreement, the City agrees to pay a fixed fee of $24.82
per bed, per day, for a minimum of five (5) beds, totaling Forty-Five Thousand
Two Hundred Ninety-Six Dollars and Fifty Cents ($45,296.50) per year for year
one of this agreement, to be used by Contractor to provide Emergency Shelter
Services (such Services as set forth in Exhibit "A" and "B" hereto). In Year
Two, the fixed fee shall be $25.56 per bed, per day, for a minimum of five (5)
beds, totaling Forty-Six Thousand Six Hundred Forty-Seven Dollars ($46,647).
In Year Three, the fixed fee shall be $26.32 per bed, per day, for a minimum of
five (5) beds, totaling Forty-Eight Thousand Thirty-Four Dollars ($48,034).
Additional beds may be purchased at the rate Twenty-Four Dollars and Eighty-
Two Cents ($24.82) per day, per bed, if requested and available.
3.2 INVOICING
Contractor shall submit a monthly 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
Office of Housing & Community Services
Attention: Maria L. Ruiz, Department Director
1700 Convention Center Drive
Miami Beach, Florida 33139
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SECTION 4
GENERAL PROVISIONS
4.1 RESPONSIBILITY OF THE CONTRACTOR
With respect to the performance of the Services, the Contractor shall exercise
that degree of skill, care, efficiency and diligence normally exercised by
recognized professionals with respect to the performance of comparable
services. In its performance of the Services, the 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.
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, as set forth in the Effective Date on page 1 hereof, and
shall continue, for three (3) years, unless otherwise terminated by the City.
4.4 TIME OF COMMENCEMENT OF SERVICES
The Services to be rendered by the Contractor shall be commenced upon
receipt of a written Notice to Proceed from the City subsequent to execution of
the Agreement by the parties.
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.
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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.
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
NOTWITHSTANDING SECTION 4.6.1, THE CITY MAY ALSO, FOR
ITS CONVENIENCE AND WITHOUT CAUSE, TERMINATE THIS
AGREEMENT AT ANY TIME DURING THE TERM HEREOF BY
GIVING WRITTEN NOTICE TO CONSULTANT OF SUCH
TERMINATION, WHICH SHALL BECOME EFFECTIVE SEVEN (7)
DAYS FOLLOWING RECEIPT BY THE CONSULTANT OF THE
WRITTEN TERMINATION NOTICE. IN THAT EVENT, ANY
FINISHED OR UNFINISHED DOCUMENTS AND OTHER
MATERIALS PREPARED AND OR OTHERWISE COMPILED BY
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CONSULTANT PURSUANT TO ITS PROVISION OF THE SERVICES
CONTEMPLATED IN SECTION 2 AND IN EXHIBIT "A", SHALL BE
PROMPTLY ASSEMBLED AND DELIVERED TO THE CITY, AT
CONSULTANT'S SOLE COST AND EXPENSE. IF THE
AGREEMENT IS TERMINATED BY THE CITY AS PROVIDED IN
THIS SUBSECTION, CONSULTANT SHALL BE PAID FOR ANY
SERVICES SATISFACTORILY PERFORMED, AS DETERMINED BY
THE CITY AT ITS SOLE DISCERTION, UP TO THE DATE OF
TERMINATION; PROVIDED, HOWEVER, THAT AS A CONDITION
PRECEDENT TO SUCH PAYMENT, CONSULTANT SHALL HAVE
DELIVERED ANY AND ALL DOCUMENTS, MATERIALS, ETC, TO
CITY, AS REQUIRED HEREIN.
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 and/or the Agreement. In the event the City cancels or
terminates the Services and/or the Agreement 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
Any changes and additions to the terms of this Agreement shall be by a written
amendment, signed by the duly authorized representatives of the City and
Contractor. No alteration, change, or modification of the terms of this
Agreement shall be valid unless amended in writing, signed by the parties
hereto, and approved by the City.
4.8 OWNERSHIP OF DOCUMENTS
Any changes and additions to the terms of this Agreement shall be by a
written amendment, signed by the duly authorized representatives of the City
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and Contractor. No alteration, change, or modification of the terms of this
Agreement shall be valid unless amended in writing, signed by the parties
hereto, and approved by the City.
4.9 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 Grant (CDBG) 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 in 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
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.
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 applicable federal regulations, as
well as any and all applicable state and local laws and ordinances.
4.10 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.
4.11 [Intentionally Deleted]
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4.12 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.
4.13 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.
4.15 EQUAL EMPLOYMENT OPPORTUNITY
In connection with the performance of this Agreement, and only in
accordance with applicable federal law, 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, gender identity, or
sexual orientation, 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.
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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 Contractor. 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:
Sundari Foundations, In. (Lotus House Women's Shelter)
Attn: Constance Collins, Executive Director
1514 NW 2nd Avenue
Miami, Florida 33136
(305) 438-0556
THE CITY:
City of Miami Beach
Attn: Kathie G. Brooks, Assistant City Manager
1700 Convention Center Drive
Miami Beach, Florida 33139
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(305) 673-7010
WITH COPIES TO:
Office of Housing and Community Services
Attn: Maria L. Ruiz, Department Director
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
4.19 LITIGATION JURISDICTION/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, CONTRACTOR AND CITY
EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL
BY JURY OR ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF,
THIS AGREEMENT.
4.20 ENTIRETY OF AGREEMENT
This writing and any exhibits and/or attachments incorporated (and/or
otherwise referenced for incorporation) herein 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 superseded hereby.
4.21 INSURANCE REQUIREMENTS
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 reviewed and approved by the City's Risk
Manager. Contractor shall maintain and carry in full force during the term of
this Agreement the following insurance:
1. Contractor General Liability, in the amount of $1,000,000, naming the
City of Miami Beach, Florida as an additional insured.
2. Workers Compensation & Employers Liability, as required pursuant to
Florida Statutes.
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All insurance required hereunder must be furnished by insurance companies
authorized to do business in the State of Florida.
Original certificates of insurance for the above coverage must be submitted to
the City's Risk Manager at the Office of the Risk Manager of the City of Miami
Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139.
The Contractor is solely responsible for obtaining and submitting all insurance
certificates for its sub-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 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.
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, 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
overage.
All of Contractor's certificates, as required in this Section 4.11, 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.
The Contractor shall not commence any work and/or Services pursuant to this
Agreement until the City's Risk Manager has received, reviewed and
approved, in writing, certificates of insurance showing that the requirements of
this Section (in its entirety) have been met and provided for.
4.22 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
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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
I wh r in this Agreement is in an wa
contained in this paragraph or a se e e
9 Y Y
intended to be a waiver of the limitation placed upon the City's liability as set
forth in Section 768.28, Florida Statutes.
4.23 CONTRACTOR'S COMPLIANCE WITH FLORIDA PUBLIC RECORDS LAW
Pursuant to Section 119.0701 of the Florida Statutes, if the Contractor meets
the definition of "Contractor" as defined in Section 119.0701(1)(a), the
Contractor shall:
a) Keep and maintain public records that ordinarily and necessarily would
be required by the public agency in order to perform the service;
b) Provide the public with access to. public records on the same terms and
conditions that the public agency would provide the records and at a cost that
does not exceed the cost provided in this chapter or as otherwise provided by
law;
c) Ensure that public records that are exempt or confidential and exempt
from public records disclosure requirements are not disclosed except as
authorized by law; and
d) Meet all requirements for retaining public records and transfer to the
City, at no City cost, all public records created, received, maintained and/or
directly related to the performance of this Agreement that are in possession of
the Contractor upon termination of this Agreement. Upon termination of this
Agreement, the Contractor shall destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure
requirements. All records stored electronically must be provided to the City in
a format that is compatible with the information technology systems of the City.
For purposes of this Article, the term "public records" shall mean 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.
Contractor's failure to comply with the public records disclosure requirement
set forth in Section 119.0701 of the Florida Statutes shall be a breach of this
Agreement.
In the event the Contractor does not comply with the public records disclosure
requirement set forth in Section 119.0701 of the Florida Statutes, the City may,
at the City's sole discretion, avail itself of the remedies set forth under this
Agreement and available at law.
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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:
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Cit Clerk Ma
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Date •� to
FOR CONTRACTOR: =INCOR CRAT DARI FOUNDATION, INC.
• L US HOUSE WOMEN'S
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ATTEST:
By: By.
Se/cretary President
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Print Name Print Name
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Date Date
Corporate Seal APPROVED AS TO
A FORM & LANGUAGE
&FOR XECUTION
orney Date
City of Miami Beach- y 4'eE 12 of 22
EXHIBIT "A"
"SCOPE OF SERVICES"
The Contractor agrees to provide the following services to individuals and families
referred for emergency shelter placement:
Service 'Units of Documeritation of
Bed Roster Report I 1 Report Daily Attendance Roster
Emergency Housing 5 beds per day, 365 Attendance Roster
days per year
i
Meals .3 meals per day/ Attendance Roster
per client placed
Care Plan Management Minimum of weekly Care Plan Progress Reports
Care Plan
conferences per
client placed
Related Definitions:
The City's goal is to reduce homelessness by providing emergency shelter to
homeless persons as a means of transitioning them to stability and, ultimately,
permanent housing. The City adheres to a strengths-based client engagement
strategy that seeks to utilize a client's strengths to devise plans that incorporate these
natural strengths to overcome existing service gaps or personal barriers. We seek to
adhere to cultural competency standards and engage the client at his/her level of
comprehension.
In order to achieve this and ensure that finite public resources are used efficiently,
the City will expect the following:
Intake & Consent — The Intake provides prospective clients with an overview of
shelter services and the benefits and expectations of program participation. Client
consents required for program participation are executed by the City enabling the
provision of further services by the City and Contractor.
Assessment — An assessment documents the natural supports and needs of the
client and his/her family. The assessment form also indicates the client's assigned
number in Homeless Management Information System (HMIS).
Assessments must meet the following criteria:
O Information collected is documented completely and accurately
Adherence to grammar and spelling rules for the English language
• A sincere and thorough effort to understand the client, his/her family, and
their respective strengths and needs
• Effective engagement to ensure that the client and his/her family are
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informed regarding program services and expectations as well as the
means/process by which to access additional services
• All client and family needs have been identified and subsequently
addressed via Referral
Care Plan — The Care Plan outlines the specific strategies and steps to be taken by
the client to address personal and family stability and the subsequent goal of
obtaining permanent housing. The plan identifies the issues to be addressed and the
respective community-based agencies or resources that will be harnessed in
response.
Care Plan Contact/Progress. Update—A Care Plan Contact provides an opportunity
to monitor the client's progress towards the goals identified via the Care Plan as well
as to identify any new concerns or issues that require address through referral.
A Care Plan Contact is conducted in person. The contact will document following
minimum criteria:
• Progress on the Care Plan is reviewed and documented
• The identification of any additional needs or issues affecting school
attendance were discussed and, when appropriate, referrals were
subsequently issued
Care Plan Contacts are to take place within the following timeframes:
• Care Plan Contact#1: Three business (3) days of shelter placement
• Care Plan Contact#2 and forward: Weekly
Care Plan Close-Out— The Care Plan Close-Out documents the client's successful
completion of all items and strategies identified in the Care Plan. Conversely, failure
to complete the Care Plan should trigger a referral to an alternate program or
exploration of alternate options for the client.
A Care Plan Close-Out is conducted in person with the client. The contact will
document following minimum criteria:
• Completion of the Care Plan is reviewed and documented
• Documentation of client destination (i.e. independent housing, supportive
housing, other shelter, etc.)
Client Termination — The Contractor may terminate clients for failure to adhere to
Care Plan goals and timelines as well as failure to adhere to shelter rules. The
Contractor will notify the City in writing of any terminations and the reasons for such
termination.
Initial Care Plan—The City will provide an Initial Care Plan as part of the referral and
placement process to shelter. This Plan, which the client consented to as a condition
of accepting shelter, will identify the initial actions/goals a client must achieve to
maintain shelter. Typically, this will include:
Adherence to shelter rules (including TB test)
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• Obligatory meetings with the on-site, assigned care manager
Application for eligible entitlements (including phone service)
• Application for replacement identification documents (if applicable)
• Sobriety supports (for those clients experiencing addiction)
The Initial Care Plan establishes the immediate, actionable steps that a client must
take towards independence. These steps each have deadlines for completion. If a
client fails to meet a deadline and the cause for this failure is his/her inaction, the
client is subject to termination from the program. It should be underscored that the
terms of shelter acceptance were stipulated in the Initial Care.Plan. Any deviation or
performance failure on the client's part is, therefore, a rejection of the shelter offer.
Typically, the Initial Care Plan will provide tasks that keep the client engaged to
outcomes-designed goals until the first full meeting with his/her assigned on-site care
manager. It is then the City's expectation that the shelter provider will grow and
expand the Care Plan to reflect the evolving, emerging needs of the client as he/she
makes progress towards independence.
Referrals — Referrals address the identification of a specific client need and the
subsequent identification of a community-based resource and/or strategy to address
the need.
Referrals must be provided for all service needs recognized in the intake and
assessment and Care Plan Progress or client-initiated requests Referrals must be
issued with the following client-focused interests in mind:
• Is the referral appropriate within the scope of the client's Care Plan?
• Does the referral address the need identified?
• Can the client access the services being sought via the referral?
• Is the agency provided in the referral the most accessible, most appropriate
provider for the services needed?
• Is the referral culturally appropriate?
• Does the client consent to receiving the referral?
These referrals must be documented and included within the client's Care Plan.
Service Deliverables
Services must be delivered as follows:
Daily Bed Vacancy 1 report Via Electronic Mail Daily by 9am
R ort
Emergency shelter 8 beds per day, per Lotus House In adherence to
beds year individual Care Plan
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objectives and
timelines and as
approved by the City
Meals 3 meals per day, per Lotus House As appropriate
client placed
Care Plan Weekly for each ; Lotus House Initially within three
Management client placed (3)days of client
placement and
weekly thereafter
until termination
Care Plan Progress 1 report per month, Lotus House Within 30 days of
Reports per client placements and
every 30 days
thereafter
Service Benchmarks
Service s
•
Daily Bed Vacancy Report • Beds available for client placement including vacancies
created through client discharge and termination
Care Plan Contact/Progress ® Care Plan Amendments, as appropriate and necessary
Report • Referrals Issued for services identified in evolving Care
Plan
• Care Plan Progress Reports delivered month)
Termination • Client Destination after discharge and/or reason for
program termination as reported through Care Plan Contact
and Monthly Report
Service Documentation
Services will be deemed as provided when the following documentation is provided
within the noted timeframes:
Service • • • • Deadline
Daily Bed Vacancy Bed Roster By 9am weekdays,
Report excluding legal holidays
Care Plan Care Plan-Contact/ Progress Form Within 24 hours of contact
Contact/Progress and/or service provision
Report
Referrals Referral Form and/or amended Care 1 Within 24 hours of contact
Plan and/or service provision
Terminations Care Plan Contact/Progress Form I Within 24 hours of
termination
Care Plan Development
While the Initial Care Plan gets a client to the shelter as a condition of accepting
services, it will be the shelter provider's responsibility to amend the Care Plan to
City of Miami Beach-The Salvation Army Page 16 of 22
reflect the necessary, progressive steps leading to the client's eventual (and
hopefully expeditious) transition to independent, permanent housing. This evolving
Care Plan will address specific strategies and timelines to achieve the following:
• Permanent, sustained source of income (enabling self-sustenance)
• Permanent, sustainable housing (usually a reflection of the income secure)
• Natural supports (individual- and community-level engagements to
eliminate social isolation and provide barriers to recidivism and a return to
homelessness)
• Medical supports (for those with either physical or medical conditions that
can pose a risk factor for homelessness)
• Sobriety supports (for those with addiction issues)
• Legal status advocacy (for those without established legal status; this may
include the obtaining of a tax identification number along with a correlating,
realistic action plan to meet all of the supports listed previously)
The Care Plan is a written document provided to the client that specifically delineates
the goals identified and expected and the specific strategies
(referrals/actions/achievements) for the fulfillment of these goals. More so, the Care
Plan delineates the specific timeframes by which each interim goal or strategy is
expected to be fulfilled as well as the means for their achievement. For example:
Care Plan Goal Strategy • •
Obtain employment 1. Obtain/create 1. Copy of resume Within two weeks of
resume being used for shelter admission
2. Meet with In- employment
house job search
developer to 2. Appointment
obtain logs with in-
employment house job
leads developer and
3. Register with South Florida
South Florida Workforce
Workforce 3. Log of all job
4. Submit a interviews and
minimum of five employment
applications per submissions
work day tracking date
and position
applied
Sometimes, despite best efforts, goals are not achieved. In those cases in which
client inaction or deliberate action were the cause for failure, the client is subject to
program termination. In those cases in which best efforts adhered to the strategies
City of Miami Beach-The Salvation Army Page 17 of 22
proscribed but did not achieve outcome, the in-house care manager has the
discretion to authorize additional time for goal achievement or reconsider the viability
of the goal and suggest an alternative. Such decisions should be based on the facts
at hand and the client's overall adherence to the Care Plan and natural resources.
The Care Plan is an evolving, progressive document and should be amended as
frequently as necessary to drive the client to the ultimate goal of independence.
Goals that are too broadly defined should be avoided as should also a fixed
chronological and universal application of expectations. Care Plans should reflect the
client's individual strengths and assets with a conscious recognition and respect for
the availability of resources and the client's cultural and-physical identity. There is no
such thing as one Care Plan fits all. Care Plans are expected to be the product of
client assessment, realistic client expectations and the realistic incorporation of
interventions and resources.
Engagement Strategies
The Contractor will adhere to the following engagement strategies in the delivery of
services:
• Advise the client of the scheduled weekly Care Plan meeting and its
requirements and timelines.
• Provide client information regarding the Care Coordination process and other
available services.
• Reintroduce the services available and the Care Plan goals during each client
interaction.
• Document every. interaction with. or on behalf client via the Care Plan
Contact/Progress Report.
Discharge Planning
Discharge typically results under two conditions:
1. The client has failed to adhere to his/her Care Plan and is being terminated
for cause; or
2. The client is ready to be transitioned to an alternate housing environment
(which may include relocation; an alternate shelter; transitional, supportive and
permanent housing)
Clients whose cause for failure cannot be clearly ascertained should be placed on
notice and trigger an interventional action. Such notice should include immediate
intervening steps (Care Plan amendment) that the client is required to take in order to
maintain his/her program enrollment. As with all Care Plan items, specific strategies
and benchmarks (including timelines) must be included.
City of Miami Beach-The Salvation Army Page 18 of 22
Clients who willfully fail adherence to their Care Plans should be discharged as soon
as they violate Care Plan requirements. Clients who are being terminated for cause
should be notified in writing as to the reason(s) for termination. Such notice should be
forwarded to the City upon issuance.
Additional Client Services
The City expects that the following services to be provided, as appropriate:
1. Testing for tuberculosis within forty-eight (48) business hours of admittance
to shelter.
2. Case Management staff will be bilingual and should have some social
service experience working with homeless populations and/or preferably a
Bachelor of Arts degree in Social Work.
3. Clients will receive case management services with an emphasis on
obtaining stability, entitlements, and housing, this includes:
a. Development of a Care Plan and documentation of contacts;
b. Referrals for specialized health, substance abuse, mental health
screening and treatment will be made for clients based on need or
their request;
c. Referral to other entitlement agencies including, but not limited to,
Veterans Administration, SNAP, and Medicaid;
d. Referral to educational and vocational training;
e. Referral for employment; and
f. Referral to permanent housing.
4. Clean clothing and hygiene products, if available.
5. Random drug and alcohol tests will be conducted monthly and/or at shelter
staff's discretion with test results included in client's case file.
6. The City reserves the right to conduct periodic audits of client files to
ensure adherence to service benchmarks.
Employee/ Contractor File Review
The following documentation must be included in the employee/Contractor file for
those employees/Contractors providing services under this contract. The following
must be included in the employee files:
• Employment Application
• Evidence of degree/credentials
• Job Description Signed by Employee
• Evidence of Required Experience
• Florida Background Criminal Screening
• Proof of Knowledge of Policies & Procedures
• Confidentiality Agreement Re: Client Information
• Documentation of Agency Training/In-Service Training
City of Miami Beach-The Salvation Army Page 19 of 22
• 1-9 Verification on File
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.
Reporting Requirements
The Contractor will provide the City with a Monthly Progress Report and
reimbursement request 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.
Monthly reports and reimbursement requests will be submitted via any of the
following methods:
• Electronic mail
• Facsimile
• Standard mail
• '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 (client documentation, expense
receipts, time logs, etc.)
• Reports bear the signature of the person submitting the report on behalf of
the Contractor
Monitoring & Performance Reviews
The City of Miami Beach 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
• Inspection and review of client, budgetary and employee files (for those
employees providing services under this contract)
The City will provide the Contractor a minimum of two (2) business days' notice prior
to a monitoring visit.
Partner Performance Ratings
The Contractor agrees that its Partner Performance Rating, the score awarded for
performance on the following measures, will be posted on the City's website on a bi-
annual basis:
• Timely and accurate submission of monthly progress report
City of Miami Beach-The Salvation Army Page 20 of 22
• Timely and accurate submissions of monthly financial reports (reimbursement
requests)
• Delivery of contracted service units with anticipated client outcomes leading to
independent housing for clients based
Ratings will be given for each performance measure based on the following:
Performance • Rationale • Score
Timely and accurate submission of monthly ➢ "0"for failing to submit on time
progress report ➢ "25"for submitting on time
Timely and accurate submissions of monthly ➢ "0" for failing-to submit accurate report with
financial reports (reimbursement requests) back-up material on time
➢ "25"for submitting accurate report on time
Delivery of contracted service units and Possible score of 0 to 50 based upon
anticipated outcome measures completion of monthly projected service
units. Score is pro-rated if total projected
service units are not met. Please note that
clients are expected to transition to
permanent housing within 90 days of
placement
Training Requirements
Frontline personnel (those conducting trainings) will be required to complete the
following trainings prior to service provision:
Care Plan Management Services ❑ Program Overview Training
❑ Care Plan Management including the
use of Natural Supports
❑ Transition Planning
❑ Client Discharge &Termination
❑ Monthly Reporting & Billing
Additional Documentation
The following documentation must be submitted with this executed agreement:
• All required insurance certificates
• Copy of current audit
• Copy of required business licenses and permits
City of Miami Beach-The Salvation Army Page 21 of 22
City of Miami Beach-The Salvation Army Page 22 of 22
Form W=9 Request for Taxpayer Give Form to the
(Rev.August 2013) Identification Number and Certification requester.Do not
Department of the Treasury send to the IRS.
Internal Revenue Service
Name(as shown on your income tax return)
Sundari Foundation,Inc.dba Lotus House
N Business name/disregarded entity name,if different from above
am
cc
°- Check appropriate box for federal tax classification: Exemptions(see instructions):
C
° ❑Individual/sole proprietor C corporation N p p po S Corporation El Partnership ❑Trust/estate
6 d p Exempt payee code(f any)
0 F1 Limited liability company.Enter the tax classification(C=C corporation,S=S corporation,P=partnership)► Exemption from FATCA reporting
ccode(if any)
a c ❑✓ Other(see instructions)► 5010
Address(number,street,and apt.or suite no.) Requester's name and address(optional)
v
a 1514 NW 2nd Ave,#1
City,state,and ZIP code
u) Miami, FL 33136
List account number(s)here(optional)
Taxpayer Identification Number(TIN)
Enter your TIN in the appropriate box.The TIN provided must match the name given on the"Name"line Social security number
to avoid backup withholding.For individuals,this is your social security number(SSN).However,for a
resident alien,sole proprietor,or disregarded entity,see the Part I instructions on page 3.For other - -
entities,it is your employer identification number(EIN).If you do not have a number,see How to get a
TIN on page 3.
Note.If the account is in more than one name,see the chart on page 4 for guidelines on whose Employer identification number
number to enter.
8 1 - 0 6 5 1 2 1 2 6 6
jiUM Certification
Under penalties of perjury,I certify that:
1. The number shown on this form is my correct taxpayer identification number(or I am waiting for a number to be issued to me),and
2. 1 am not subject to backup withholding because:(a)I am exempt from backup withholding,or(b)I have not been notified by the Internal Revenue
Service(IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends,or(c)the IRS has notified me that I am
no longer subject to backup withholding,and
3. 1 am a U.S.citizen or other U.S.person(defined below),and
4.The FATCA code(s)entered on this form(if any)indicating that I am exempt from FATCA reporting is correct.
Certification instructions.You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding
because you have failed to report all interest and dividends on your tax return.For real estate,transactions,item 2 does not apply.For mortgage
interest paid,acquisition or abandonment of secured property,cancellation of debt,contributons to an individual retirement arrangement(IRA),and
generally,payments other than interest and dividends,you are not required to sign the certification,but you must provide your correct TIN.See the
instructions on page 3.
Sign Signature of ' V'c `
Here U.S.person► Date 10-General Instructions withholding tax on foreign partners'share of effectively connected income,and
4.Certify that FATCA code(s)entered on this form(if any)indicating that you are
Section references are to the Internal Revenue Code unless otherwise noted. exempt from the FATCA reporting,is correct.
Future developments.The IRS has created a page on IRS.gov for information Note.If you are a U.S.person and a requester gives you a form other than Form
about Form W-9,at www.irs.gov 1w9.Information about any future developments W-9 to request your TIN,you must use the requester's form if it is substantially
affecting Form W-9(such as legislation enacted after we release it)will be posted similar to this Form W-9.
on that page.
Definition of a U.S.person.For federal tax purposes,you are considered a U.S.
Purpose of Form person if you are:
A person who is required to file an information return with the IRS must obtain your 'An individual who is a U.S.citizen or U.S.resident alien,
correct taxpayer identification number(TIN)to report,for example,income paid to •A partnership,corporation,company,or association created or organized in the
you,payments made to you in settlement of payment card and third party network United States or under the laws of the United States,
transactions,real estate transactions,mortgage interest you paid,acquisition or •An estate(other than a foreign estate),or
abandonment of secured property,cancellation of debt,or contributions you made
to an IRA. •A domestic trust(as defined in Regulations section 301.7701-7).
Use Form W-9 only if you are a U.S.person(including a resident alien),to Special rules for partnerships.Partnerships that conduct a trade or business in
provide your correct TIN to the person requesting it(the requester)and,when the United States are generally required to pay a withholding tax under section
applicable,to: 1446 on any foreign partners'share of effectively connected taxable income from
such business.Further,in certain cases where a Form W-9 has not been received,
1.Certify that the TIN you are giving is correct(or you are waiting for a number the rules under section 1446 require a partnership to presume that a partner is a
to be issued), foreign person,and pay the section 1446 withholding tax.Therefore,if you are a
2.Certify that you are not subject to backup withholding,or U.S.person that is a partner in a partnership conducting a trade or business in the
3.Claim exemption from backup withholding if you are a U.S.exempt payee.If United States,provide Form W-9 to the partnership to establish your U.S.status
applicable,you are also certifying that as a U.S.person,your allocable share of and avoid section 1446 withholding on your share of partnership income.
any partnership income from a U.S.trade or business is not subject to the
Cat_No.10231 X Form W-3(Rev.8-2013)
LOTUS-1 OP ID:71
CERTIFICATE OF LIABILITY INSURANCE DATE(M
04/299/20/20YYY)
14
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to
the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
CONTACT
Phone:386-252-9601 NA
PRODUCER ME: Jennifer Powell
Brown 8 Brown of Florida,Inc. Fax:386-239-5729 PHONE 386-239-8874 F�Axc No:386-239-5773
Daytona Beach Office A/c No Ext
P.O.Box 2412 E-MAIL :japowell @bbdaytona.com
Daytona Beach,FL 32115-2412
Chris Tolland INSURER(S)AFFORDING COVERAGE NAIC#
INSURER A:First Non Profit Insurance Co 10859
INSURED SUNDARI FOUNDATION,INC.DBA INSURER 8:Bridgefield Casualty Ins Co 10335
LOTUS HOUSE AKA LOTUS HOUSE
WOMENS SHELTER INSURER C:
1514 NW 2nd Ave,Unit#1 INSURER D:
Miami,FL 33136 INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR TYPE OF INSURANCE POLICY NUMBER MMIDD/YYYY MM/DD/YYYY
LTR LIMITS
GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00
DAMAOE A X COMMERCIAL GENERAL LIABILITY X NPCPP441028 08/30/2013 08/30/2014 PREMISES Ea RENTED
occurrence $ 100,00
CLAIMS-MADE a OCCUR MED EXP(Any one person) $ 5,00
A X PROFESSIONAL LIAB NPCPP441028 08/30/2013 0880/2014 PERSONAL&ADV INJURY $ 3,000,00
A X HOST LIQUOR LIAB NPCPP441028 088012013 08/30/2014 GENERAL AGGREGATE $ 3,000,00
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 3,000,0
JECT
X POLICY PRO- LOC $
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
Ea accident $
A ANY AUTO NPCA451049 08f26/2013 08/26/2014 BODILY INJURY(Per person) $
ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ 1,000,000
AUTOS X AUTOS
X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE $
AUTOS Per accident
X UMBRELLA LIAB OCCUR EACH OCCURRENCE $ 2,000,00
A EXCESS LIAB CLAIMS-MADE NPUMB454780 08130/2013 08/30/2014 AGGREGATE $
DED I X FRETENTION$ 10,000 $
WORKERS COMPENSATION X TORY SLIM T OE H
AND EMPLOYERS'LIABILITY
B ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N 083045969 08/30/2013 0880/2014 E.L.EACH ACCIDENT $ 500,00
OFFICERIMEMBER EXCLUDED? F-1 N/A
(Mandatory in NH) E.L.DISEASE-EA EMPLOYE $ 500,00
If yes,describe under
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT 1$ 500,00
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,it more space is requires
LIABIOLITYIASIREQUIRtDFBYIWRITTENDCONTRACT - 30TDAYSLWRIITTENDNOTICENOFAL
CANCELLATION APPLIES
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
CITY OF MIAMI BEACH-RISK ACCORDANCE WITH THE POLICY PROVISIONS.
MANAGERS OFFICE
1700 CONVENTION CENTER DR. AUTH`,ORRIZED REPRESENTATIVE
MIAMI BEACH,FL 33139
@ 1988-2010 ACORD CORPORATION. All rights reserved.
arnRn 94/9nin/nra Thp a(,nRr1 name and Innn arp rpn1Qtprprd marks of arnAn
NOTEPAD r LOTUS-1 , PAGE 2
INSURED'S NAME SUNDARI FOUNDATION,INC.DBA OP ID:71 „ ?` DATE 04/29/14
including from any of its employees, partners or members in connection r
with the services perfomred under, this agreement. Furthermore, agency
employees do not use their personal vehicle for services contemplated
under this agreement.-
--
r � tilt• - _. _