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Agreement with Miami Rescue Mission, Inc. (20 -a gp p3 AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND MIAMI RESCUE MISSION, INC., A FLORIDA CORPORATION, FOR EMERGENCY SHELTER SERVICES THIS AGREEMENT made and entered into this 1st day of October, 2015, by and between the CITY OF MIAMI BEACH, FLORIDA, a Florida Municipal Corporation (hereinafter referred to as City), having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida, 33139, and MIAMI RESCUE MISSION, INC., a Florida non-for-profit corporation, (hereinafter referred to as Contractor), whose address is 2159 NW First Court, Miami, FL 33127. 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. 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. City of Miami Beach-Miami Rescue Mission Page 1 SECTION 2 SCOPE OF WORK(SERVICES) The scope of work to be performed by Contractor is set forth in Exhibit "A," and "B", each entitled "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 $16.50 per bed, per day, for a minimum of fifteen(15) beds, totaling Ninety Thousand Five Hundred Eighty-Five Dollars ($90,585) 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 $17.00 per bed, per day, for a minimum of fifteen (15) beds, totaling Ninety-Three Thousand Seventy-Five Dollars ($93,075). In Year Three, the fixed fee shall be $17.51 per bed, per day, for a minimum of fifteen (15) beds, totaling Ninety-Five Thousand Eight Hundred Sixty-Seven Dollars and Twenty Cents ($95,867.25). Additional beds may be purchased at the rate Thirty Dollars ($30) 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. 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 1700 Convention Center Drive Miami Beach, Florida 33139 City of Miami Beach- Miami Rescue Mission Page 2 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 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. Notwithstanding the preceding, however, in no event shall the Term of this Agreement exceed beyond three (3) years from the date of commencement. 4.3 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. 4.4 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 of Miami Beach- Miami Rescue Mission Page 3 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 the gross 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. 4.5 TERMINATION, SUSPENSION AND SANCTIONS 4.5.1 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 foregoing, if the default is of a nature that cannot be cured, such as perpetrating a fraud or making a material misrepresentation in connection with the performance of this Agreement, the termination shall be effective upon receipt of the termination notice and no cure period shall apply. 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. City of Miami Beach-Miami Rescue Mission Page 4 4.5.2 Termination for Convenience of City NOTWITHSTANDING SECTION 4.5.1, 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 CONSULTANT PURSUANT TO ITS PROVISION OF THE SERVICES CONTEMPLATED IN SECTION 2, 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. 4.5.3 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. 4.5.4 TERMINATION FOR LACK OF FUNDS 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 City of Miami Beach- Miami Rescue Mission Page 5 f 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. In the event of such termination, the righteous obligations for the parties shall be the same as provided for in Section 4.5.2. 4.5.5 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 4.5.2. 4.6 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. 4.7 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. 4.8 COMPLIANCE WITH LOCAL, STATE, AND FEDERAL REGULATIONS 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 City of Miami Beach- Miami Rescue Mission Page 6 any and all applicable federal regulations, as well as any and all applicable state and local laws and ordinances. 4.9 CONFORMITY TO HUD REGULATIONS Section Deleted. 4.10 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. 4.11 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. 4.12 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. 4.13 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, intersexuality, gender identity, sexual orientation, age, and national origin, place of birth, marital or familial status, or disability. 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, intersexuality, gender identity, sexual orientation, age, national origin, place of birth, marital or familial status, or disability, 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 City of Miami Beach- Miami Rescue Mission Page 7 other forms of compensation; and selection for training, including apprenticeship. 4.14 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 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. 4.15 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. 4.16 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: City of Miami Beach—Miami Rescue Mission Page 8 TO CONTRACTOR: Miami Rescue Mission, Inc. Attn: Rev. Ronald Brummitt 2159 NW First Court Miami, Florida 33127 (305) 571-2273 THE CITY: City of Miami Beach Attn: Kathie G. Brooks/Office of the City Manager 1700 Convention Center Drive Miami Beach, Florida 33139 (305) 673-7010 WITH COPIES TO: Office of Housing and Community Services Attn: Maria L. Ruiz, Director City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 4.17 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. 4.18 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. City of Miami Beach- Miami Rescue Mission Page 9 4.19 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. 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 4.19 (1), 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 insurance certificate for the General Liability shall reflect that the City is an additional insured. 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. City of Miami Beach- Miami Rescue Mission Page 10 4.20 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. 4.21 CONSULTANT'S COMPLIANCE WITH FLORIDA PUBLIC RECORDS LAW Pursuant to Section 119.0701 of the Florida Statutes, if the Consultant meets the definition of"Contractor" as defined in Section 119.0701(1)(a), the Consultant 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 Consultant upon termination of this Agreement. Upon termination of this Agreement, the Consultant 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 City of Miami Beach— Miami Rescue Mission Page 11 pursuant to law or ordinance or in connection with the transaction of official business of the City. Consultant'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 Consultant 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. City of Miami Beach- Miami Rescue Mission Page 12 } 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 76-Y. v ••••......,� ILL Rafael E. Granado, City ••' '•P \im 'y . orates, City ' anager • INCORP ORATED: ' • Ioil tic- \ •••'. �` -Date , fa �• q...�'•• ; � 6 FOR CONTRACTOR: ATTEST: MIAMI RESCUE MISSION, INC., A FLORIDA CORPORATION By: By: Secretary resident Ro .n•.o A or. v 4 ASTO It 9s/4/S� APPROVED FORM & LANGUAGE . Date ,& FOR EXECUTION 4 1�a.r j4 e_ q/23.:„12,) ity A _,fr p_ Date City of Miami Beach- Miami Rescue Mission Page 13 EXHIBIT "A" "SCOPE OF SERVICES" The Contractor agrees to provide the following services to individuals and families referred for emergency shelter placement: a u .����-�..5"' �'r. r.,� ��: x,.� -r � :�<�� «�a�=«<s>�a��; z s� �.'���' �`����e'� ..ref" � M,r�:� �r' x�,.1 *: ,. y W y g U:nits��of S:er�vcce.� �� Documentation of Service? Servrce w �, � .. , r _._ _. � �.��-� �aon. �., �:���� :�ca v� ���,4-.� ., �?�-.z -..;a .-G�4s. .;�5.>, sc-h.. :.ac _. t, _. - -=r s*bESr��..�...: Bed Roster Report 1 Report Daily Attendance Roster Emergency Housing 15 beds per day, Attendance Roster 365(6) days per year Meals 3 meals per day/ Attendance Roster 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 also indicates the client's number in Homeless Management Information System (HMIS). This will be done by the City. Assessments must meet the following criteria: • 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 informed regarding program services and expectations as well as the City of Miami Beach-Miami Rescue Mission Page 14 of 22 City of Miami Beach-Miami Rescue Mission Page 14 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 — (Provided by City) 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) • Obligatory meetings with the on-site, assigned care manager City of Miami Beach-Miami Rescue Mission Page 15 • 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. The City's 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: Care Plan Development (City Responsibility) 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 reflect the necessary, progressive steps leading to the client's eventual (and City of Miami Beach-Miami Rescue Mission Page 16 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 Documentation Timeline/Benchmark Obtain employment Strategy 1. Copy of Within two weeks of 1. Obtain/create resume shelter admission being used for resume employment 2. Meet with search In- 2. Appointment house job logs with in- developer to house job obtain developer and employment South Florida leads Workforce 2. Register 3. Log of with all job South Florida interviews and Workforce employment 4. Submit a submissions minimum of five tracking date applications per and position work day 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 proscribed but did not achieve outcome, the in-house care manager has the discretion to authorize additional time for goal achievement or reconsider the City of Miami Beach-Miami Rescue Mission Page 17 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 (City Responsibility) 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 ischarge-typicallyiesults-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. 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 City of Miami Beach—Miami Rescue Mission Page 18 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 from the City 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 staffs 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 • 1-9 Verification on File City of Miami Beach- Miami Rescue Mission Page 19 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 • 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 • Timely and accurate submissions of monthly financial reports (reimbursement requests) City of Miami Beach- Miami Rescue Mission Page 20 • 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 followin.: „M € Performance Me as Ole S. Wb Ratin.g�Rationa_ler& Scor.- ■ Timely and accurate submission of monthly ► "0" for failing to submit on time "25" for progress report submitting on time ► Timely and accurate submissions of 0 "0" for failing to submit accurate report with monthly financial reports (reimbursement back-up material on time; "25" for requests) 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 Service Benchmarks -r`ey v ytSer u ice 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(City •Referrals Issued for services identified in evolving Care Responsibility Plan •Care Plan Progress Reports delivered monthly Termination • Client Destination after discharge and/or reason for program termination as reported through Care Plan Contact and Monthly Report Service Deliverables Service - Frequency 'Methodology Timeframe - Daily Bed 1 Report Daily Electronic mail Daily by 9am, excluding Report legal holidays Meals 3 meals per day, At MRM As appropriate per client placed Service Documentation Services will be deemed as provided when the following documentation is provided within the noted timeframes: City of Miami Beach- Miami Rescue Mission Page 21 Service Documentation Timeframe Daily Bed Report Bed Roster By gam weekdays, excluding holidays Terminations Bed Roster/Termination Within 24 hours of termination 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- Miami Rescue Mission Page 22