Salvation Army Agreement AGREEMENT BETWEEN
THE CITY OF MIAMI BEACH
AND
THE SALVATION ARMY, A GEORGIA CORPORATION
THIS AGREEMENT entered into as of this Z~day of 0C'~-o~[ , _~,~)0~by and between
the CITY OF MIAMI BEACH, FLORIDA ("City"), which term shall include its officials, successors,
legal representatives, and assigns, and THE SALVATION AR_MY, A GEORGIA CORPORATION
("Provider").
SECTION 1
DEFINITIONS
Agreement:
City Manager:
Provider:
Final Acceptance:
This written Agreement between the City and the Provider.
"City Manager" means the Chief Administrative officer of the City.
For the purposes of this Agreement, Provider shall be deemed to be an
independent contractor, and not an agent or employee of the City.
"Final Acceptance" means notice from the City to the Provider that the
Provider's Services are complete as provided in Section 4.8 of this
Agreement.
Fixed Fee:
Project:
Project
Coordinator:
Fixed mount paid to the Provider to allow for its costs and margin of profit.
A program that results from the Scope of Work and Services.
An individual designated by the City to coordinate, direct and review on
behalf of the City all technical matters involved in the Scope of Work and
Services.
Project Manager:
Risk Manager:
An individual designated by the Provider to be fully responsible for the day-
to-day activities under this Agreement, and who shall serve as the primary
contact for the City's Project Coordinator.
The Risk Manager of the City, with offices at 1700 Convention Center Drive,
Third Floor, Miami Beach, Florida 33139.
Services:
Termination:
All services, work and actions by the Provider performed pursuant to or
undertaken under this Agreement described in Section 2.
Temfination of Provider Services as provided in Section 4.9 of this
Agreement.
Feb 12 03 11:0~a p.~
FEB-I~-~I~)3 10:31 CITY Of MIAMI BEACH P.B~x9~
Task:
A d/scret¢ portion of the SCOld,' Of Serv/ces ~o be ~.o,~lished by the
Provider, as'd~cn'bed in Section l below, if directed and authorized,
~.COPE OF WORK AND ~liROU~Kr~ ¢$ERVICES)
The scope of work for ~ Proj~t to be performed by the Provider is set forth in Exh~t "A/' entitled
"Scope of Services". Services as Pmi'ider for berlin Will be provided in accordsrtce with Exht'bit"B,"
entitled "Miami. Dade County HomeleSs Trust Standard of' Care".
For th: term of this Agre~iit, the City agrees t~ pay f~nds allocated to Provider equal to
$1 ~ p~' b~d/~ight fo~ a minimum.ofth~y.s~ven (~7) b~s equal to an ~,taual cost of Two
Two Thoma~d Five Hundred Seventy-five and 0Oil 00 dc. liars (~02,$75.O0) rietali~,O,,~gt~l~
amount not to ~xceecl a total orTwo Hundred Twenty-Sm Thousand Three Hundred Fit~.Seven and
00/100 dollars ($226,3~7.00), 'to be used to provide Emergency and Transitional Shelter, in
furtherance of the Services to be performed herein, such Services as set forth in Exlu'oit "A" hereto.
l%n~l~g ae~rce~ are a~ follows:,..:
* E~ Shelt~ ~t (~O) ~ 2002/03 $ 73,076
* E~ Shelter ~t (EGG)~ 2001/02 $ 31,850
, E~rg~ Shelt~ ~t ~SG) ~ I~Y9/O0 $ 1,431
* NOnhBes~ Query ofLt~" $ 45.000
" Tat~ $1SI~3S~
Ad~ti0ng fan~ soa~u ~e ~' loews:
o O~ (i.e, ~w ~nforc~i T~ F~d & Discr~oa~ Fund) $ ~ 1,21 ~
3.2 METHOD OF. P~YMENT
Payment of the funds set'fOrth in Section 3.1 shall commence at the time of execution of this
Agreemmt. Provider shall be required to submit mo~,thly invoices r~flecting number of beds
contracted, times per diem of $15/nj§hr guarant~d rate, to i~clude submission of monthly bill/n§
repons, as reflected in Exhibit "C."
TOTFtt. P, 02
SECTION 4
GENERAL PROVISIONS
4.1
RESPONSIBILITY OF THE PROVIDER
With respect to the performance of the Services, the Provider shall exemise 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 Provider shall
comply with all applicable laws and ordinances, including but not limited to applicable regulations of
the City, County, State, Federal Government, ADA, EEO Regulations and Guidelines.
4.2
PUBLIC ENTITY CRIMES
State of Florida Foim PUR 7068, Sworn Statement under Section 287.133(3)(a) Florida
Statute on Public Entity Crimes, as available with the Office of the City Clerk, shall be filed by
Provider. Form provided as Exhibit "D."
4.3
PROJECT MANAGEMENT
The Provider shall appoint a qualified individual acceptable to the City to serve as Project
Manager for the Services who shall be fully responsible for the day-to-day activities under this
Agreement and who shall serve as the primary contact for the City's Project Coordinator. Ms. Carol
L. Davis, MSW, shall be designated as the Project Manager by Provider.
4.4
DURATION AND EXTENT OF AGREEMENT
The tem~ of this Agreement shall be for a period of twelve (12) months, commencing on
October 1, 2002, and ending on September 30, 2003. Any future term of this Agreement following
the term set forth herein, shall be subject to prior written approval of the City, which approval shall
be at the City's sole discretion. The City's future funding for any additional tenn(s) shall also be
contingent upon a favorable evaluation of the Salvation 3dmy by the City. Notwithstanding the
aforestated language, however, the City shall have no future obligation to renew this Agreement
beyond the term set forth herein.
4.5
TIME OF COMPLETION
The Services to be rendered by the Provider shall be commenced upon receipt of a written
Notice to Proceed from the City, subsequent to the execution of this Agreement, and Provider shall
adhere to the completion schedule, as shall be mutually determined by the City and Provider, but in
no event shall said schedule exceed the term of this Agreement, as set forth above, unless as
provided below.
A reasonable extension of time shall be granted in the event the work of the Provider is
delayed or prevented by the City or by any circumstances beyond the reasonable control of the
Provider, including acts of Nature, which render performance of the Provider's duties impracticable.
4.6
NOTICE TO PROCEED
Unless otherwise directed by the City, the Provider shall proceed with the work only upon
issuance of a Notice to Proceed by the City.
4.7
OWNERSHIP OF DOCUMENTS AND EQUIPMENT
All documents prepared by the Provider pursuant to this Agreement are related exclusively to
the Services described herein, and are intended or represented for ownership by the City. Any reuse
shall be approved by the City.
4.8 INDEMNIFICATION
Provider 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, in law or in equity, which may arise or be alleged to have arisen from
negligent acts, errors, omissions or other wrongful conduct of the Provider, its employees, agents,
sub-Providers, or any other person or entity acting under Provider's control, in connection with the
Provider's performance of the Services pursuant to this Agreement; and to that extent, the Provider
shall pay all such claims and losses and shall pay all such costs and judgements which may issue
from any lawsuit arising from such claims and losses, a.n~ ~shall pay all costs and attorneys fees
expended by the City in the defense of such claims and losses, including appeals. The parties agree
that one pement (1%) of the total Compensation to the Provider for performance of this Agreement is
the specific consideration from the City to the Provider for the Provider's Indemnity Agreement.
The Provider'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.
4.9
INSURANCE REQUIREMENTS
The Provider shall not commence any work pursuant to this Agreement until all insurance
required under this Section has been obtained and such insurance has been approved by the City's
Risk Manager. The Provider shall maintain and carry in full force during the term of this Agreement
and throughout the duration of this project the following insurance:
]~f~Zgr Fi'io, r ~ ,~%61~c yl. ' ' cement Exhibit H
mdmatmg t~ appropriate~ tevels of coverage reqmred by th~s agr ( )
Workers Compensation & Employers Liability as required pursuant to Florida statute.
Thirty (30) days written notice of cancellation or substantial modification in the insurance
coverage must be given to the City's Risk Manager by the Provider and his insurance
company.
The insurance must be furnished by insurance companies authorized to do business in the
State of Florida and approved by the City's Risk Manager.
Original certificates of insurance for the above coverage must be submitted to the City's Risk
Manager for approval prior to any work commencing. These certificates will be kept on file
in the office of the Risk Manager, 3rd Floor, City Hall.
o
The Provider is responsible for obtaining and submitting all insurance certificates for their
Providers.
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, subject to the approval of the City's Risk
Manager.
Compliance with the foregoing requirements shall not relieve the Provider 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 Provider specimen copies of the insurance policies in the event that
submitted certificates of insurance are inadequate to ascertain compliance with required overage.
4.9.1 Endorsements
All of Providers certificates, above, shall contain endorsements providing that written notice
shall be given to the City at least thirty (30) days prior to termination, cancellation or reduction in
coverage in the policy.
4.9.2 Certificates
Unless directed by the City otherwise, the Provider shall not commence any services pursuant
to this Agreement until the City has received and approved, in writing, certificates of insurance
showing that the requirements of this Section (in its entirety) have been met and provided for.
4.10
TERMINATION~ SUSPENSION AND SANCTIONS
4.10.1 Termination for Cause
If through any cause within the reasonable control of the Provider, the Provider 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 Provider of its violation of the particular terms of this Agreement and shall grant Provider ten
(10) days to cure such default. If such default remains uncured after ten (10) days, the City, upon
three- (3) days' notice to Provider, may terminate this Agreement.
In that event, all finished and unfinished documents, data, studies, surveys, drawings, maps,
models, photographs, reports and other work products prepared by the Provider and its
subcontractors shall be properly delivered to the City and the City shall compensate the Provider in
accordance with Section 3 for all Services performed by the Provider prior to Termination.
Notwithstanding the above, the Provider shall not be relieved of liability to the City for
damages sustained by the City by virtue of any breach of the Agreement by the Provider and the City
may reasonably withhold payments to the Provider for the purposes of set off until such time as the
exact amount of damages due the City from the Provider is detemfined.
4.10.2 Termination for Convenience of City
Notwithstanding subsection 4.10.1 above, the City may, for its convenience, and without
cause, terminate the Services then remaining to be performed at any time by giving written notice to
Provider of such temdnation, which shall become effective seven (7) days following receipt by
Provider of the written termination notice. In that event, all finished or unfinished documents and
other materials as described in Section 2 shall be properly delivered to the City. If the Agreement is
terminated by the City as provided in this Section, the City shall compensate the Provider for all
Services actually performed by the Provider and reasonable direct costs of Provider for assembling
and delivering to City all documents. Such payments shall be the total extent of the City's liability to
the Provider upon a Termination as provided for in this Section.
4.10.3 Termination for Insolvency
The City also reserves the right to terminate the remaining Services to be performed in the
event the Provider 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 4.10.2.
4.10.4 Sanctions for Noncompliance with Nondiscrimination Provisions
In the event of the Provider's noncompliance with the nondiscrimination provisions of this
Agreement, 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 Provider under the
Agreement until the Provider complies and/or cancellation, termination or suspension of the
Services, in whole or in part. In the event the City cancels or terminates the Services pursuant to this
Section the rights and obligations of the parties shall be the same as provided in Section 4.10.2.
4.10.5 Changes and Additions
Each such change/addition shall be directed by a written Notice signed by the duly authorized
representatives of the Provider. Said Notices shall provide an equitable adjustment in the time of
performance, a reallocation of the task budget and, if applicable, any provision of this Agreement,
which is affected by, said Notice. The City shall not reimburse the Provider for the cost of preparing
Agreement change documents, written Notices to Proceed, or other documentation in this regard.
4.10.6 Additional Conditions and Compensation
It is expressly understood and agreed by the parties hereto that monies to be used by Provider,
as contemplated by this Agreement, originate from grants of Emergency Shelter Grants funds from
the U.S. 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 Provider 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 judgement, that said funds are no longer available. In the event
of such determination, the Provider 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 Provider 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 Provider
will comply with all state and local (City and County) laws and ordinances hereto applicable. It shall
be Provider's sole and absolute responsibility to continually familiarize itself with any and all such
applicable federal regulations, as well as any and all applicable state and local laws and ordinances.
4.10.7 Religious Organization or Owned Property
ESG funds may be used by religious organizations or on property owned by religious
organizations only with prior written approval from the City and only in accordance with
requirements set in 24 CFR 576.23.
4.10.8 Reversion of Assets
In the event of a termination of this Agreement pursuant to this Section 4.10 herein, or upon
expiration of this Agreement, the Provider shall transfer to the City any ESG funds on hand at the
time of expiration and any account receivable attributable to the use of ESG funds. In accordance
with Section 415(i) of the 1987 McKinney Act, each ESG recipient or sub-recipient herein certifies
that it will maintain the facility as a homeless shelter for a period often (10) years in the case of
major rehabilitation or conversion, or for three (3) years for other rehabilitation activities (other than
major rehabilitation or conversion.) Any building for which ESG funds are used for other eligible
activities must be maintained as a shelter for the homeless for the period during which such
assistance is provided.
Any real property under the Provider's control that was acquired or improved in whole or in
part with ESG funds (including ESG funds provided to the Provider in the form of a loan) must
either:
a. Be used as a homeless facility for either ten (10) years or longer or three (3) years
after the expiration of the term of this Agreement or for such longer period of time
as determined to be appropriate by the City and as memorialized by the City and
Provider in an amendment to this Agreement or such other instrument as the City,
at its discretion, determines appropriate; or
b. Ifnot used in accordance with the above subsection (a), the Provider shall pay to the
City an amount equal to the current market value of the property less any portion of
the value attributable to expenditures ofnon-ESG funds for the acquisition of, or
improvement to, the property. No payment is required after the period of time
specified in subsection (a).
4.10.9 Conformity to HUD regulations
The Provider agrees to abide by guidelines set forth by the U.S. Department of Housing and
Urban Development for the administration and implementation of the Emergency Shelter Grants
(ESG) Program, including all applicable federal regulations as they may apply to program
administration and to carry out each activity in compliance with the laws and regulations as
described in 24 CFR 576. The Provider shall comply with the requirements and standards off 24
CFR part 85 (codified pursuant to OMB Circular No. A-102), OMB Circular No. A-87, OMB
Circular No. A- 122, OMB Circular A- 110 (implemented as 24 CFR part 84), and/or the related ESG
provision as they relate to the acceptance and use of Emergency Shelter Grants amounts, as
applicable. The Provider agrees to complywith all the provisions of 24 CFR 576.57. In this regard,
the Provider agrees that duly authorized representatives of the U.S. Department of Housing and
Urban Development shall have access to any books, documents, papers and records of the Provider
that are directly pertinent to this Agreement for the purpose of making audits, examinations, excerpts
and transcriptions.
4.10.10 Sponsorships
The Provider agrees that all notices, informational pamphlets, press releases, advertisements,
descriptions of the sponsorship of the Program, research reports, and similar public notices prepared
and released by the Provider for, on behalf of, and/or about the Program shall include the statement:
"FUNDED BY THE CITY OF MIAMI BEACH EMERGENCY
SHELTER GRANTS PROGRAM"
In written materials, the words
"CITY OF MIAMI BEACH EMERGENCY SHELTER GRANTS FUNDS
ADMINISTERED BY THE NEIGHBORHOOD SERVICES DEPARTMENT"
shall appear in the same size letters as the name of the Provider.
4.10.11 Examination of Records
The Provider shall maintain sufficient records in accordance with 24 CFR part 5 to
determine compliance with the requirements of this Agreement, the Emergency Shelter Grants
Program, and all applicable laws and regulations. This documentation shall include, but not be
limited to, the following:
a. Books, records and documents in accordance with generally accepted accounting
principles, procedures and practices, which sufficiently and properly reflect all
revenues and expenditures of funds provided directly or indirectly by this
Agreement, including matching funds and Program income. These records shall be
maintained to the extent of such detail as will properly reflect all net costs, direct
and indirect labor, materials, equipment, supplies and services, and other costs and
expenses of whatever nature for which reimbursement is claimed under the
provisions of this Agreement.
b. Time sheets for split-funded employees, which work on more than one activity, in
order to record the ESG activity delivery cost by Program and the non-ESG related
charges.
c. How the objectives defined in 24 CFR 576.1 and the eligibility requirement(s)
under which funding has been received, have been met.
The Provider is responsible for maintaining and storing all records pertinent to this
Agreement in an orderly fashion in a readily accessible, peimanent and secured location for a period
of four (4) years after expiration of this Agreement, with the following exception: if any litigation,
claim or audit is started before the expiration date of the four year period, the records will be
maintained until all litigation, claims or audit findings involving these records are resolved. The City
shall be informed in writing after closeout of this Agreement, of the address where the records are to
be kept.
4.10.12 Audits and Inspections
At any time during normal business hours, and as often as City and/or Federal Government
representatives may deem necessary, the Provider shall make available all records, documentation,
and any other data relating to all matters covered by the Agreement for review, inspection or audit.
Audits shall be conducted annually and shall be submitted to the City 180 days after the end
of the Provider's fiscal year. Sub-recipients shall comply with the requirements and standards of
OMB A-133, "Audits of Institutions of High Education and Other Non-Profit Institutions" (as set
forth in 24 CFR Part 45), or OMB Circular A-128, "Audits of State and Local Governments" (as set
forth in 24 CFR Part 44), as applicable. If this Agreement is closed-out prior to the receipt of an
audit report, the City reserves the fight to recover any disallowed costs identified in an audit after
such closeout.
4.11 ASSIGNMENT~ TRANSFER OR SUBCONTRACTING
The Provider shall not subcontract, assign, or transfer any work under this Agreement
without the prior written consent of the City, which consent, if given, shall be at the sole and
absolute discretion of the City.
4.12
SUB-PROVIDERS
The Provider shall be liable for the Provider% services, responsibilities and liabilities under
this Agreement and the services, responsibilities and liabilities of Sub-Providers, and any other
person or entity acting under the direction or control of the Provider. When the term "Provider" is
used in this Agreement, it shall be deemed to include any sub-Providers and any other person or
entity acting under the direction or control of Provider. All sub-Providers must be approved in
writing by the City prior to their engagement by Provider. A Sub-Contractor/Supplier listing will be
attached hereto as Exhibit E.
4.13
EQUAL EMPLOYMENT OPPORTUNITY/ADA NON-DISCRIMINATION
POLICY
In connection with the performance of this Agreement, the Provider shall not discriminate
against any employee or applicant for employment because of race, color, religion, ancestry, sex, age,
national origin, place of birth, marital status, or physical handicap. The Provider 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, or disability. Such action shall include, but not be limited to the following:
employment, upgrading, demotion, or temfination; recruitment or recruitment advertising; layoff or
termination; rates of pay, or other forms of compensation; and selection for training, including
apprenticeship.
Provider agrees to adhere to and be govemed by all applicable requirements of the laws listed
below including, but not limited to, those provisions pertaining to employment, provision of
programs and services, transportation, communications, access to facilities, renovations, and new
construction.
The Americans with Disabilities Act of 1990 (ADA): Pub. L. 101-336, 104 Stat 327,
42 U.S.C. 12101-12213 and 547 U.S.C. Sections 225 and 611 including Title I,
Employment; Title II, Public Services; Title III, Public Accommodations and
Services Operated by Private Entities; Title IV, Telecommunications; and Title V,
Miscellaneous Provisions.
The Rehabilitation Act of 1973:29 U.S.C. Section 794.
The Federal Transit Act, as amended: 49 U.S.C. Section 1612.
The Fair Housing Act as amended: 42 U.S.C. Section 3601-3631.
Provider must complete and submit the City's Disability Non-Discrimination Affidavit
(Affidavit). In the event Provider fails to execute the City's Affidavit, or is found to be in non-
compliance with the provisions of the Affidavit, the City may impose such sanctions as it may
determine to be appropriate, including but not limited to, withholding of payments to Provider under
the Agreement until compliance and/or cancellation, termination or suspension of the Agreement in
whole or in part. In the event, the City cancels or term'mates the Agreement pursuant to this Section,
Provider shall not be relieved of liability to the City for damages sustained by the City by virtue of
Provider's breach ofthe Agreement. The City's DisabilityNon-Discrimination Affidavit is attached
hereto as Exhibit "F."
4.14
CONFLICT OF INTEREST
The provider covenants that no person under its employ who presently exercises any
functions or responsibilities in connection with ESG-funded activities has any personal financial
interests, direct or indirect, in this Agreement. The Provider covenants that in the performance of
this Agreement, no person having such conflicting interest shall be employed. The Provider
covenants that it will comply with all provisions of 24 CFR 576.57(d) "Conflict of Interest", and the
Federal, State, County and City of Miami Beach statutes, regulations, ordinances or resolutions
governing conflicts of interest. The Provider shall disclose, in writing, to the City any possible
conflicting interest or apparent impropriety that is covered bythe above provisions. This disclosure
shall occur immediately upon knowledge of such possible conflict. The City will then render an
opinion, which shall be binding on both parties.
The Provider agrees to adhere to and be governed by the Metropolitan 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 contract
conditions hereunder as Exhibit "G."
The Provider 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 Provider further covenants that in the perfomiance of this Agreement, no person
having any such interest shall knowingly be employed by the Provider. No member of or delegate to
the Congress of the United States shall be admitted to any share or part of this Agreement or to any
benefits arising therefrom.
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 Provider or its
employees or subcontractors.
4.16 NOTICES
All communications relating to the day-to-day activities shall be exchanged between the
Project Manager appointed by Provider and the Project Coordinator designated by the City. The
Provider's Project Manager and the City's Project Coordinator shall be designated promptly upon
commencement of the Services.
All other notices and communications in writing required or permitted hereunder may be
delivered personally to the representatives of the Provider and the City listed below or may be mailed
by registered mail, postage prepaid (or airmailed if addressed to an address outside of the city of
dispatch).
Until changed by notice in writing, all such notices and communications shall be addressed as
follows:
TO PROVIDER:
The Salvation Army
Atto: Ms. Carol L. Davis, MSW
Director of Social Services
Miami Metropolitan Area Command
1907 N.W. 38th Street
Miami, Florida 33135-0370
(305) 637-6721 (voice)
(305) 635-1123 (facsimile)
TO CITY:
City of Miami Beach
Neighborhood Services Department
Attn: Vivian P. Guzman, Director
1700 Convention Center Drive
Miami Beach, FL 33139
(305) 673-7000 Extension 6749 (voice)
(305) 604-2498 (facsimile)
WITH COPIES TO:
Office of the City Attorney
Attn: Murray H. Dubbin, City Attorney
City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33139
(305) 673-7470
City of Miami Beach
Neighborhood Services Department
Office of Homeless Coordination
Attn: Olga Vasquez
1700 Convention Center Drive
Miami Beach, Florida 33139
305-673-7000 Extension 6872
Notices hereunder shall be effective:
If delivered personally, on delivery; if mailed to an address in the city of dispatch, on
the day following the date mailed; and if mailed to an address outside the city of
dispatch on the seventh day following the date mailed.
4.17
LITIGATION JURISDICTION
Any litigation between the parties, arising of, or in connection with this Agreement, shall be
initiated in the court system of the State of Florida.
4.18
ENTIRETY OF AGREEMENT
This writing and the Scope of Services embody the entire Agreement and understanding
between the parties hereto, and there are no other agreements and understandings, oral or written
with reference to the subject matter hereof that are not merged herein and superseded hereby. The
Scope of Services is hereby incorporated by reference into this Agreement to the extent that the terms
and conditions contained in the Scope of Services are consistent with the Agreement. To the extent
that any term in the Scope of Services is inconsistent with this Agreement, this Agreement shall
prevail.
No alteration, change, or modification of the tenns of this Agreement shall be valid unless
amended in writing, signed by both parties hereto, and approved by the City Commission of the City
of Miami Beach.
This Agreement shall be govemed by and construed according to the laws of the State of
Florida.
4.19
LIMITATION OF CITY'S LIABILITY
The City desires to enter into this Agreement only if in so doing the City can place a limit on
the City's liability for any cause of action for money damages due to an alleged breach by the City of
this Agreement, so that its liability for any such breach never exceeds the sum of $10,000. Provider
hereby expresses its willingness to enter into this Agreement with Provider's recovery from the City
for any damage action for breach of contract to be limited to a maximum amount of $10,000 less the
amount of all funds actually paid by the City to Provider pursuant to this Agreement.
Accordingly, and notwithstanding any other term or condition of this Agreement, Provider
hereby agrees that the City shall not be liable to the Provider for damages in an amount in excess of
$10,000 which amount shall be reduced by the amount actually paid by the City to Provider pursuant
to this Agreement, for any action or claim for breach of contract arising out of the perfom~ance 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 City's liability as set forth in Section 768.28, Florida Statutes.
4.20
MATCHING REQUIREMENTS
The Provider warrants herein that it will comply with the provisions of 24CFR 576.51 and 42
U.S.C. 11375(a)(3) and will provide the required dollar for dollar match from sources other than
ESG. The Provider will provide the City with evidence of such matching funds.
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:
ATTEST:
By: ?~,~{~' ~(.~./k
~ty Clerk
FOR PROVIDER:
CITY/O~ MIAMI BEACH, FLORIDA
?.~¢'~SALVATION ARMY ~ GEORI~IA CORPORATION
ATTEST:
'secretary wl[t~ ~.f( 0000~
By: ~t
I~EASURER
Corporate Seal:
F:XDDHPXSALLXLYSSETTE~HOMELESS\CONTRACT~Salvation Army 3.doc
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
'--Date
EXHIBIT A
"SCOPE OF SERVICES"
Emergency and Transitional Shelter and Case Management Services for Miami Beach Clients
The Provider agrees to provide a minimum of thirty-seven (37) guaranteed emergency and
transitional care beds per day, 365 days a year twenty-four (24) hours per day (for males and for
females and/or families, with flexibility regarding the types of beds to be provided, depending on the
type of bed needed daily) to homeless individuals and families referred exclusively by the City of
Miami Beach Neighborhood Services Department Office of Homeless Coordination to the Provider,
trader the same terms and conditions as specified in the Provider's contract with Miami-Dade
County. This reservation of beds is in addition to the Provider's current arrangement with the
Miami-Dado County Homeless Trust.
Emergency care beds include, but are not limited to:
1. Emergency housing is limited to a period not to exceed thirty (30) days per client unless
expressly agreed to otherwise by the City and the Provider;
2. At least three (3) prepared, nutritious and well-balanced meals daily;
3. Bilingual case management (minimum of English and Spanish), information and referral to
ancillary services; independent living skills preparation; as outlined in the Miami-Dado
County Continuum of Care;
On-site supervision;
Client transportation, when necessary;, or tokens for travel to appointments in conjunction
with referrals from the Salvation Army Case Manager or City of Miami Beach;
6. Health, substance abuse, mental health screening and treatment, and referrals, as appropriate;
7. Advocacy role to assist client in receiving entitlements (such as SSI, VA, TANF, Medicaid,
and/or other entitlements);
8. Referral to educational and vocational services, as appropriate;
9. Referral to appropriate housing and follow-up;
10. Testing for tuberculosis within seventy-two (72) hours of admittance to shelter;
11. Clean clothing and hygiene products;
12. Referrals for beds under this agreement will be available exclusively to individuals and
families escorted by the City of Miami Beach representatives;
13.
Daily notification of availability of beds under this agreement will be done Monday through
Friday, 24 hours a day, and by telephone access all other times.
14.
Daily reports with client status will be received by fax or electronic mail no later than 1:00
pm.
15.
Termination of clients from program shall be at the discretion of the City of Miami Beach via
a fmmal request to the Salvation Army.
EMERGENCY SHELTER PROGRAM
· Provides shelter
· Three nutritious and well-balanced meals a day
· Linens
· Personal care items
· Laundry facilities
· Families will be assigned to a private room or a connecting room with private bath
· Single men and women will be assigned to three to five person moms or, if need be, a twelve
room dormitory
· Childcare is provided Monday through Fridayby a certified HRS teacher who follows an age
appropriate curricula focusing on creative play and the building of self-esteem.
· An on-site medical clinic will provide medical services and referrals to specialized medical
providers to clients
· Clients attend life skills classes, peer support groups, parenting classes, and group and/or
private drug and alcohol counseling provided by our Drag and Alcohol Counselor
· Clients will be provided with tokens for their transportation needs
· Develop daily reports on client status and monthly reports on client status to include
discharge information such as secondary placements.
· Assist with the development of forms for information and referrals to outside homeless
providers.
· Coordinate the placement of clients and bed availability space with transitional and
permanent housing programs to move clients into the continuum of care.
· Identify/assess client's needs and secure appropriate services.
· Attend Committee on the Homeless meetings and Miami Beach Homeless provider's
meetings.
· Maintain ongoing communication with Office of Homeless Coordination.
· Assist in determining discharge of clients from program.
The following benchmarks will be utilized to measure the program's accomplishments.
Within 4 days of program admission - Intake is done 365 days a year
· Client will have completed intake, assessment, and fommlated a plan of action with their
o Manager
· Children will be enrolled in school
· Medical needs will be met- TB test and mental health assessment will be administered and,
if necessary, client will be sent for detoxification.
Within 7 days of program admission
· Client will have applied for financial entitlements - including Social Security, food stamps
and WlC
· Client will meet with job developer on-site
· Client, if necessary, will meet with Drug and Alcohol Counselor
Within 7-30 days of program admission
· Client will be placed in appropriate transitional treatment or permanent housing (Placement
is subject to the availability of appropriate housing)
TRANSITIONAL SHELTER PROGRAM
Goals
and Obiectives
· Increase residential stability to give clients an opportunity to receive wages or entitlements
with fewer interruptions
· Increase income to enable clients to obtain and maintain more stable housing after leaving
the shelter system
· Increase capacity for self-detemfination to increase the chances that the clients will leave the
public welfare network and remain independent of the system successfully
EXHIBIT B
"MIAMI-DADE COUNTY HOMELESS TRUST - STANDARDS OF CARE"
I. CORE FUNCTIONS OF TEMPORARY CARE FACILITIES:
· The Mission and Purpose of temporary care facilities is to provide emergency housing and
care to individuals in dire need, including, but not limited to, assessment, case management,
linkage and referral to supportive services and housing opportunities within the Continuum
of Care and community-at-large.
· Core Functions:
Temporary care facilities shall provide the following core functions to their clients:
· Emergency Housing, including clothing, meals, and initial health screening for
communicable diseases.
Comprehensive Assessment of current social, health (including mental health and substance
use/abuse), and employment/education conditions.
Development of Individualized Continuum of Care Plans describing a client's needs for
supportive services, establishing a service/referral plan and outlining the client's personal
goals towards attaining residential, financial and personal stability and self-sufficiency.
Linkage/Referral to internal and external supportive services including, but not limited to,
benefit programs, in-patient or out-patient mental health or substance abuse treatment or
support groups, education/vocational opportunities, job counseling, training and placement,
child care and legal services, and transportation.
Outplacement to appropriate housing opportunities in the Primary or Advanced Care levels
of the Continuum of Care, in the Dade County community or in the local affordable housing
market.
II. GENERAL STANDARDS - PROGRAM ENVIRONMENT
A. RESIDENTS
Homeless individuals and families served by temporary care facilities shall be accorded
dignity and respect. A grievance procedure providing for fair notice and hearing shall be
made known and available to clients by which to seek redress in the event that a client has a
grievance regarding the operation of the temporary care facility or should a client believe that
he or she has been unfairly accused of a rule infraction, or in the event of a decision by the
temporary care provider to refuse or temdnate services to the client.
Temporary care facilities shall demonstrate sensitivity to clients' primary language and
cultural background.
Clients have both privileges and responsibilities relating to their stay at the temporary care
facility which shall be set forth in a Resident/Client Agreement that each client must sign
upon admission to the temporary care facility.
B. SAFE ENVIRONMENT:
All temporary care facilities shall establish and enforce house rules governing use of alcohol,
illegal use of controlled substances, fighting, violent and/or inappropriate behavior for the
purpose of protecting the health and safety of clients and staff.
C. TEMPORARY CARE FACILITY STAFF:
Temporary care facility administrators shall ensure that facility staff have the qualifications,
proper training and supervision necessary and appropriate to the job function(s) with which
such staffmembers are entrusted.
D. NON-DISCRIMINATION IN THE PROVISION OF HOUSING AND
SERVICES:
There shall be no discrimination on the basis of race, color, gender, sexual orientation,
disability, religion, or national origin in the provision of emergency housing and services to
clients by temporary care providers. No religious practice or affiliation requirement shall be
imposed upon clients or prospective clients.
E. COORDINATION, COOPERATION AND INTEGRATION:
Each Temporary Care Provider shall work closely and cooperatively with the Dade County
Homeless Trust, the OAP Program and OAP Program Providers, all other Trust-funded
providers as well as other community-based service providers to homeless individuals and
families.
III. PROVISION OF EMERGENCY HOUSING:
A. HOUSING:
Length of Stay: Length of stay shall be determined by the temporary care facility, consistent
with the Dade County Community Homeless Plan goals for emergency care - to encourage
the client's attainment of long-term self-sufficiency through the optimal utilization of housing
and services offered through the Continuum of Care's Primary and Advanced stages of care.
Clients are expected to reside at temporary care facilities for a short period of time (i.e. seven
(7) to sixty (60) days). Extension of a maximum length of stay, set by the temporary care
facility, shall be made on a case-by-case basis, predicated on the client's demonstrated
commitment to the goals established by the client with the assistance of case management in
his or her individualized Continuum of Care Plan. Violations of temporary care facilities
house rules may be grounds for terminating a client's length of stay and/or privilege of re-
admission.
Separate Sleeping Quarters and Personal Hygiene Facilities: Separate sleeping quarters
and personal hygiene facilities shall be maintained for (a) single male adults; (b) single
female adults and (c) families.
Quality of Housing: Temporary care facilities shall maintain safe, clean and sanitary
conditions and opportunity to safe keep papers, documents and valuables. Beds, pillows and
bed coverings (e.g.sheets and blankets) shall be clean and sanitary (e.g. free of infestation).
Personal Hygiene Facilities: Personal hygiene facilities shall be made available to each
client. Such personal hygiene facilities shall bc kept clean and sanitary and maintained in
operable working condition at all times, subject to periodic temporary interruptions due to
maintenance or repair.
· Resident Participation in General Housekeeping: Clients may be required to participate in
thc general housekeeping of the temporary care facility.
B. MEAL STANDARDS:
· Provision of Meals: Clients shall be provided a minimum of two meals a day, one of which
must be a hot meal.
Meal Standard: All meals served shall be nutritionally sound and balanced in compliance
with standards and/or regulations adopted and/or issued by the local public authority
responsible for the regulation of facilities which serve meals at residential facilities.
C. CLOTHING STANDARDS:
Provision of Clothing: Temporary care facilities shall assist clients in obtaining at least two
sets of appropriate clothing (both under and outerwear) and shoes. Appropriate clothing in
the instance of underwear and socks shall mean new or previously unused items.
· Donated Clothing: Donated clothing must be washed/sanitized prior to distribution to
clients.
D. HEALTH SCREENINGS:
Immediate Health Screening: To reduce risk of harm to other clients and staff, temporary
care facilities shall arrange for health screenings for communicable, air-borne diseases, such
as tuberculosis, within thirty-six (36) hours of the client's entry into the facility. Clients
determined to pose a direct threat to the health of others shall be quarantined and referred for
appropriate medical treatment.
Full Medical Assessment and Evaluation: Temporary care facilities shall arrange for a full
medical assessment and evaluation (i.e. complete physical) for each client within seventy-two
(72) hours of the client's entry into the facility.
E. FACILITIES STANDARDS AND LICENSING/CERTIFICATION:
Temporary Care Facilities in General: Temporary care facilities shall comply with all.
local and state ordinances, regulations and laws governing residential facilities and secure
necessary licensing as may be required under such local or state law.
· Food Preparation and/or Dining Facilities: Food preparation and/or dining facilities
located at temporary care facilities must comply with all local and state ordinances,
regulations and laws governing facilities which serve meals to the public in a residential
facility or otherwise. Temporary care facilities must secure necessary licensing or
certification as may be required by the local public authority responsible for the regulation of
facilities which serve meals to the public.
Environmental/Structural Controls and Procedures to Prevent/Control Spread of
Communicable Diseases: Temporary care facilities shall comply with all local and state
ordinances, regulations and laws governing the prevention and/or control of the spread of
communicable, air-borne diseases within residential facilities which may include the
implementation of structural or environmental measures and quarantining, notification and
health screening procedures.
IV. TEMPORARY CARE CASE MANAGEMENT:
A. CASE MANAGEMENT SERVICES IN GENERAL:
The Mission and Purpose of temporary care facilities is emergency housing and care. The
case management function at temporary care facilities shall be one of assessment, advocacy
and linkage as opposed to treatment due to the short stay of clients. Assisting the client in
obtaining needed housing and services shall be the essential function of the temporary care
facility.
The Primary Purpose of Case Management Services is to integrate various intemal and
external service components into a coherent constellation of services tailored to meet the
unique needs of individuals. Case Management shall be concerned with service coordination
and problem solving in an attempt to insure appropriate service provision and continuity.
Partnerships: The temporary care facility shall develop partnerships with government, not-
for-profit and community-based agencies or organizations or programs to coordinate and
provide services to its clients.
Case Managers: The case manager shall be responsible for producing a comprehensive
assessment of the client's current social, health (including mental health and substance
use/abuse) and education/employment conditions and needs. The case manager shall play a
major role in assisting the resident in the development and implementation ora Continuum
of Care Plan which will enable the client to successfully achieve his or her personal goals and
objectives by addressing unmet needs.
Client Rapport: Development of a rapport between the client and his or her case manager,
establishing trust and familiarity, is deemed integral to establishing an effective case
management service plan and a realistic, client-developed Continuum of Care Plan.
· Scope of Case Management Services: The scope of case management services provided
shall be client directed.
B. CORE CASE MANAGEMENT FUNCTIONS
· Core Functions of a temporary care facilities case management program shall be:
Assessment - a thorough evaluation detailing the client's current and
potential strengths, weaknesses, service needs and appropriate
resources to meet the service needs.
Plannin~ - the development of a holistic service plan with each
client, containing service goals and appropriate timeliness.
Linkaee/Brokeraee - the process of referring or transferring clients
to all required internal and external services.
Monitorine - the continuous evaluation of the client's progress,
leading to reassessment and development of new service plans,
linkages, or other dispositions as indicated.
Advocacy - interceding on behalf of a client or group of clients to
assure access to needed services and/or resources.
· Areas of Case Management Intervention should include but are not limited to:
Service Planning.
o Assistance in obtaining food and clothing and transportation.
o Referrals for in- or out-patient mental health services, substance abuse treatment, and
medical services.
o Assistance in obtaining benefits.
Referrals to self-sufficiency related programs such as adult education, vocational
training, job counseling, training and permanent placement services, child care and
legal services and transportation.
Assistance and referral to obtain appropriate housing placement in the Primary or
Advanced Care levels of the Continuum of Care, in the Dade County Community or
in the local affordable housing market.
C. MULTI-DISCIPLINARY TEAM CONCEPT:
Recommendation: It is recommended that temporary care providers develop a multi-
disciplinary approach towards providing care to the client to ensure an holistic response to
the client's needs. Temporary care providers are encouraged to develop multi-disciplinary
care teams, comprised of the client's case manager, a health care worker caring for the client,
and/or government or community providers directly serving the client, that would meet to
review client progress, make recommendations and ensure successful referral to additional
services and resources. Such approach ensures effective, comprehensive service provision as
well as continuity of care as the client is placed with other housing programs within the
Continuum or in the community.
VI.
COMPREHENSIVE ASSESSMENT:
Comprehensive Assessment Precedes Case Management Services: Case management
services shall be preceded by a comprehensive assessment of the client's current social,
health (including mental health and substance use/abuse) and education/employment
conditions. Screening for emotional disorders and dysfunction, including substance abuse,
and for other serious mental health impediments to independence, shall be perfot,,ed by, or
under the supervision of, qualified mental health or substance abuse professionals.
Client Rapport: Development of a rapport between the client and facility staffresponsible
for the assessment function, establishing trust and familiarity, is deemed integral to
performing a thorough and accurate comprehensive assessment of the client's needs and to
establishing an effective case management service plan and a realistic, client-developed
Continuum of Care Plan.
Comprehensive Assessment within 72 Hours: A comprehensive assessment of the client's
current social, health and education/employment conditions shall commence within seventy-
two (72) hours of admission of the client to the temporary care facility.
Contents of Comprehensive Assessment: The comprehensive assessment shall include
treatment and referral recommendations and will form the basis for the client's individualized
Continuum of Care Plan and referral services provided to the client. The comprehensive
assessment shall be comprised of information gathered by the OAP Program, by the Dadc
County Homeless Trust, at intake, through client interviews and through medical and referral
information.
INDIVIDUALIZED CONTINUUM OF CARE PLAN:
Client-Developed Continuum of Care Plan - Timeliness: Clients shall be assisted in
initiating an individualized Continuum of Care Plan within Twenty-four (24) hours of the
completion of their comprehensive assessment of their current social, health and
education/employment conditions and needs.
Client Contract: The Continuum of Care Plan is an individualized contract based upon the
participant's current state, capabilities and personal goals. The Continuum of Care Plan shall
describe the participant's needs for supportive services and outline the steps that the
participant must take in order to begin the personal process towards residential and financial
stability and self-sufficiency. The client's signature on the Continuum of Care Plan signifies
his or her commitment to obtaining residential, financial and personal stability and self-
sufficiency.
Basis of Individual[zed Continuum of Care Plan: The individualized Continuum of Care
Plan shall be based on the comprehensive assessment of client's conditions and needs, as well
as case management recommendations, and the client's personal goals and objectives. Goals
and/or services sought by the client should be consistent with those articulated by the client
during initial engagement and assessment by the Trust-coordinated Outreach, Assessment
and Placement Program.
Potential Needs to be reflected in Client's Goals and Objectives: The individualized
Continuum of Care Plan should address the following goals and objectives that respond to
the following potential needs: health (physical and mental health, including substance abuse),
VII.
CLIENT CONFIDENTIALITY
INFORMATION:
AND SHARING OF
Client Expectation of Privacy: Temporary care facilities shall comply with ail federal and
state laws and regulations governing the confidentiality of information regarding A1DS/HIV
status and medical, substance abuse or mental health history, referral or treatment. Clients
may expect a reasonable degree of privacy with regard to information not otherwise protected
from disclosure by federal or state laws and regulations that is shared with the temporary care
facility staff members.
· Personal Mail and Telephone Calls: Temporary care facilities shall respect the privacy of a
client's personal mail and telephone calls.
Exceptions to Client Confidentiality: Client information may be subject to disclosure as
provided by law including investigation by law enforcement, probation officers, and HRS
protective services related to minors or the elderly, subject to any limitations on disclosure
set forth in state or federal law, including those laws protecting the confidentiality of
information regarding AIDS/HIV status and medicai, substance abuse or mental health
history, referrai or treatment.
Sharing of Client Information: Sharing of client information with other providers to whom
the client may be referred is necessary to ensure effective provision of services, continuity in
care, and efficient use of Continuum resources. The necessity of sharing information with
other providers shall be explained to the client. Client information shall only be shared upon
the client's whtten consent.
VIII. OUTPLACEMENT SERVICES:
Urgency: The mission and purpose of temporary care facilities is to provide emergency
housing and care to individuals in dire need. In keeping with this purpose, the temporary care
facility should make every effort to secure an appropriate housing placement for a client as
soon as possible. Case manager should be thinking of appropriate out-placement by the time
the Continuum of Care Plan is signed and implemented.
Provider Relationships: Temporary care facility case managers are expected to develop
strong working relationships with primary and/or advanced care case managers to ensure an
effective planning process and smooth transition between housing programs.
Effective Planning Process to Ensure Smooth Transition: The planning process should
strive to ensure that minimal disruption occurs during the transition from one provider to
another. Thc planning process is intended to ensure that services provided to the client at or
through referral by the temporary care facility are maintained and that the provision of
additional services are arranged for thc client prior to transfer, consistent with the client's
individualized Continuum of Care Plan.
Outplacement Packet: The necessity to cooperate with both the Temporary Care Provider
and the provider with whom the client has been placed in order to ensure effective service
provision and continuity of care shall be explained to the client. Upon the written consent of
the client, an outplacement packet shall be prepared for the provider with whom the client
has been placed. The outplacement packet shall contain the client's comprehensive
assessment, Continuum of Care Plan and referral history and notes for the purpose of
ensuring continuity in service provision and in the client's commitment to his or her goals
and objectives.
I. CORE FUNCTIONS OF PRIMARY CARE FACILITIES:
The Mission and Purpose of primary care facilities is to provide housing and supportive
services to special need homeless populations comprised of persons with a history of mental
illness or dehabilitating mental health conditions, substance abuse, victims of domestic
violence, HIV infection or AIDS, as well as homeless individuals and families in order to
assist such persons in the transition from homelessness to independent living or to permanent
supported housing, as the case may be.
· Core Functions:
Primary care facilities shall provide the following core functions to their clients:
o Housing, including clothing, meals, and initial health screening for communicable
diseases.
Comprehensive/Revised Assessment of current social, health (including mental
health and substance use/abuse), and employment/education conditions and
Development/Revision of Individualized Continuum of Care Plans describing a
client's needs for supportive services, establishing a service/referral plan and
outlining the client's personal goals towards attaining residential, financial and
personal stability and self-sufficiency.
Mental Health/Substance Abuse Treatment or Rehabilitative Support through
onsite treatment for mental illness or dehabilitating mental health conditions,
including substance abuse, or referral to out-patient treatment for same, and/or on and
off-site support groups and/or activities.
Linkage/Referral to internal and extemal supportive services including, but not
limited to, benefit programs, primary health care, education/vocational opportunities,
job counseling, training and placement, child care and legal services, and
transportation.
Outplacement to appropriate housing opportunities in the Advanced Care level of
the Continuum of Care, in the Dade County community or in the local affordable
housing market and Follow-Up Case Management Services for at least ninety days
following outplacement.
II. GENERAL STANDARDS - PROGRAM ENVIRONMENT
A. RESIDENTS
Homeless individuals and families served by primary care facilities shall be accorded dignity
and respect. A grievance procedure providing for fair notice and hearing shall be made
known and available to clients by which to seek redress in the event that a client has a
grievance regarding the operation of the primary care facility or should a client believe that
he or she has been unfairly accused of a rule infraction, or in the event of a decision by the
primary care provider to refuse or terminate services to the client.
Primary care facilities shall demonstrate sensitivity to clients' primary language and cultural
background.
Clients have both privileges and responsibilities relating to their stay at the primary care
facility which shall be set forth in a Resident/Client Agreement that each client must sign
upon admission to the primary care facility.
B. SAFE ENVIRONMENT:
All primary care facilities shall establish and enfome house rules goveming use of alcohol,
illegal use of controlled substances, fighting, violent and/or inappropriate behavior for the
purpose of protecting the health and safety and safety of clients and staff.
C. PRIMARY CARE FACILITY STAFF:
Primary care facility administrators shall ensure that facility staff have the qualifications,
licensing, proper training and supervision necessary and appropriate to the job function(s)
with which such staffmembers are entrusted.
D. NON-DISCRIMINATION IN THE PROVISION OF HOUSING AND
SERVICES:
There shall be no discrimination on the basis of race, color, gender, sexual orientation,
disability, religion, or national origin in the provision of housing and services to clients by
primary care providers. No religious practice or affiliation requirement shall be imposed
upon clients or prospective clients.
E. COORDINATION, COOPERATION AND INTEGRATION:
Each Primary Care Provider shall work closely and cooperatively with the Dade County
Homeless Trust, the OAP Program and OAP Program Providers, all other Trust-funded
providers as well as other community-based service providers to homeless individuals and
families.
III. PROVISION OF HOUSING:
A. HOUSING:
Length of Stay: Recognizing the existing scarcity of resources, the Dade County
Community Homeless Plan sets forth as guidance a length of stay of six (6) to nine (9)
months in primary care facilities (transitional housing). Regulations governing homeless
programs funded by the U.S. Department of Housing and Urban Development (U.S. HUD)
provide for lengths of stay of up to twenty-four (24) months in transitional housing.
Inconsistencies in lengths of stay for various housing types, if any, between the Dade County
Community Homeless Plan and U.S. HUD guidelines are not intentional substantive
deviations from U.S. HUD guidelines, but rather reflect local funding allocations for various
lengths of stay in light of current available resources.
Length of stay shall be determined by the pr/mary care facility, consistent with the
Dade County Community Homeless Plan goals for primary care - to encourage the
client's attainment of long-term self-sufficiency through the optimal utilization of
treatment opportunities and/or supportive services provided in the primary care level.
Maximum residency at primary care facilities is a period of six (6) months. Extension
of a maximum length of stay is subject to the review and approval by the Dade
County Homeless Trust and shall be made on a case-by-case basis, predicated on the
client's Individualized Continuum of Care Plan and demonstrated commitment to his
or her treatment plan and/or the goals established by the client in his or her
Individualized Continuum of Care Plan.
Violations of primary care facilities house rules may be grounds for terminating a
client's length of stay and/or privilege of re-admission, consistent with all local and
state ordinances, laws or regulations governing tenancy, if and when applicable.
Housing Placement Options: Housing placement options offered to the client shall be
consistent with client's Individualized Continuum of Care Plan.
Residential Facilities - Separate Sleeping Quarters and Personal Hygiene Facilities:
Housing quarters offered to the client shall be consistent with client's Individualized
Continuum of Care Plan. In the case of residential facilities that are not single sex facilities,
separate sleeping quarters and personal hygiene facilities shall be maintained for (a) single
male adults; (b) single female adults and (c) families.
Quality of Housing: Primary care facilities shall maintain safe, clean and sanitary conditions
and shall provide clients the opportunity to safekeep papers, documents and valuables. Beds,
pillows and bed coverings (e.g. sheets and blankets) shall be clean and sanitary (e.g. free of
infestation).
Personal Hygiene Facilities: Personal hygiene facilities shall be made available to each
client. Such personal hygiene facilities shall be kept clean and sanitary and maintained in
operable working condition at all times, subject to periodic temporary interruptions due to
maintenance or repair.
Resident Participation in General Housekeeping: Clients maybe required to participate in
the general housekeeping of the primary care facility.
B. MEAL STANDARDS:
Provision of Meals: Clients shallbe provided a minimum of two meals a day, one of which
must be a hot meal
Meal Standard: All meals served shall be nutritionally sound and balanced in compliance
with standards and/or regulations adopted and/or issued by the local public authority
responsible for the regulation of facilities which serve meals at residential facilities.
C. CLOTHING STANDARDS:
Provision of Clothing: Primary care facilities shall assist clients in obtaining at least two
sets of appropriate clothing (both under and outerwear) and shoes. Appropriate clothing in
the instance of underwear and socks shall mean new or previously unused items.
Donated Clothing: Donated clothing must be washed/sanitized prior to distribution to
clients.
D. HEALTH SCREENINGS:
Immediate Health Screening: To reduce risk of harm to other clients and staff, primary care
facilities shall arrange for health screenings for communicable, air-borne diseases, such as
tuberculosis, within thirty-six (36) hours of the client's entry into the facility. Clients
determined to pose a direct threat to the health of others shall be quarantined and referred for
appropriate medical treatment.
Full Medical Assessment and Evaluation: In the absence of documentation that a client has
undergone a complete physical within the previous six months, primary care facilities shall
arrange for a full medical assessment and evaluation (i.e. complete physical) for each client
within seventy-two (72) hours of the client's entry into the facility.
E. FACILITIES STANDARDS AND LICENSING/CERTIFICATION:
Primary Care Facilities in General: Primary care facilities shall comply with all local and
state ordinances, laws or regulations governing residential facilities and/or housing
conditions and secure necessary licensing as may be required under such local or state law.
Primary care facilities shall also comply with all local and state ordinances, laws or
regulations governing providers of substance abuse or mental health treatment and related
services.
Food Preparation and/or Dining Facilities: Food preparation and/or dining facilities
located at primary care facilities must complywith all local and state ordinances, regulations
and laws governing facilities which serve meals to the public in a residential facility or
otherwise. Primary care facilities must secure necessary licensing or certification as may be
required by the local public authority responsible for the regulation of facilities which serve
meals to the public.
IV.
Environmental/Structural Controls and Procedures to Prevent/Control Spread of
Communicable Diseases: Primary care facilities shall comply with all local and state
ordinances, regulations and laws governing the prevention and/or control of the spread of
communicable, air-borne diseases within residential facilities which may include the
implementation of structural or environmental measures and quarantining, notification and
health screening procedures.
PROVISION OF MENTAL HEALTH AND/OR SUBSTANCE ABUSE
TREATMENT:
Compliance with State Licensing Rules and Regulations: Primary Care programs that
provide treatment for chemical dependence/abuse and/or mental illness shall comply with
state licensing rules and regulations as follows:
Chemical Dependency/Abuse Treatment Providers shall meet with standards and
regulations contained in Amended Rule 10E-16 and shall obtain a license to operate
the program according to definitions and classifications more specifically contained
in Section 10E-16.009 F.A.C.
Providers Serving the Mentally Ill shall comply with Rule 10E-4.016 and shall
obtain a license to operate the specific program or "level of care" as classified in
Section 10E-4.016(4) F.A.C.
Providers Serving the Dually Diagnosed: Where thc primary care provider aims to
serve the dually diagnosed population, the disability that is primary addressed shall
determine whether a substance abuse or mental health treatment license is the
appropriate choice.
V. PRIMARY CARE CASE MANAGEMENT:
A. CASE MANAGEMENT SERVICES IN GENERAL:
The Mission and Purpose of primary care facilities is to provide housing and supportive
services to special need populations comprised of persons with a history of mental illness or
dehabilitating mental health conditions, including substance abuse, victims of domestic
violence, HIV infection or AIDS, as well as homeless families in order to assist such persons
in the transition from homclessness to independent living or to permanent supported housing,
as the case may be.
The Primary Purpose of Case Management Services is to integrate various intemal and
external service components into a coherent constellation of services tailored to meet the
unique needs of individuals. Case Management shall be concerned with service coordination
and problem solving in an attempt to insure appropriate service provision and continuity.
Partnerships: The primary care facility shall develop partnerships with government, not-for-
profit and community-based agencies or organizations or programs to coordinate and provide
services to its clients.
Case Managers: The case manager shall be responsible for producing a comprehensive or
revised assessment, as the case maybe, of the client's current social, health (including mental
health and substance use/abuse) and education/employment conditions and needs. The case
manager shall play a major role in assisting the resident in the development, or revision, and
implementation of a Continuum of Care Plan which will enable the client to successfully
achieve his or her personal goals and objectives by addressing unmet needs.
Client Rapport: Development of a rapport between the client and his or her case manager,
establishing trust and familiarity, is deemed integral to establishing an effective case
management service plan and a realistic, client-developed Continuum of Care Plan.
Scope of Case Management Services: The scope of case management services provided
shall be client directed.
B. CORE CASE MANAGEMENT FUNCTIONS
Core Functions of primary care facilities case management program should be:
Areas
o
o
o
Assessment- a thorough evaluation detailing the client's current and
potential strengths, weaknesses, service needs and appropriate
resources to meet the service needs.
Plannin~ - the development of a holistic service plan with each
client, containing service goals and appropriate timeliness.
Linkage/Brokerage - the process of referring or transferring clients
to all required internal and external services.
Monitoring - the continuous evaluation of the client's progress,
leading to reassessment and development of new service plans,
linkages, or other dispositions as indicated.
Advocacy - interceding on behalf of a client or group of clients to
assure access to needed services and/or resources.
of Case Management Intervention should include but are not limited to:
Service Planning.
Assistance in obtaining food and clothing and transportation.
Referrals for in- or out- patient mental health services, substance abuse treatment,
and medical services.
o Assistance in obtaining benefits.
o Provision and/or referrals to self-sufficiency related programs and services such as
adult education, vocational training, job counseling, training and permanent
placement services, child care and legal services and transportation.
Assistance and referral to obtain appropriate housing placement in the Advanced
Care level of the Continuum of Care, in the Dade County community or in the local
affordable housing market.
C. MULTI-DISCIPLINARY TEAM CONCEPT:
Recommendation: It is recommended that primary care providers develop a multi-
disciplinary approach towards providing care to the client to ensure an holistic response to
the client's needs. Primary care providers are encouraged to develop multi-disciplinary care
teams, comprised of the client's case manager, a health care worker caring for the client,
and/or government or community providers directly serving the client, that would meet to
review client progress, make recommendations and ensure successful referral to additional
services and resources. Such approach ensures effective, comprehensive service provision as
well as continuity of care as the client is placed with other housing programs within the
Continuum or in the community.
VI. COMPREHENSIVE ASSESSMENT AND INDIVIDUALIZED CONTINUUM OF
CARE PLAN:
A. COMPREHENSIVE ASSESSMENT:
Comprehensive Assessment Precedes Case Management Services: Case Management
services shall be preceded by a comprehensive assessment of the client's current social,
health (including mental health and substance use/abuse) and education/ employment
conditions. Screening for emotional disorders and dysfunction, including substance abuse,
and for other serious mental health impediments to independence, shall be performed by, or
under the supervision of, qualified mental health or substance abuse professionals. The
comprehensive assessment of the client's social, health and education/employment needs
shall commence within seventy-two (72) hours of admission of the client to the Primary care
facility.
In the event that a client was referred by a temporary care provider or another primary
care provider, the client's comprehensive assessment documentation prepared by the
referral provider shall be reviewed and revised by the current primary care provider.
Such review and revision shall commence within seventy-two (72) hours of
admission of the client to the primary care facility.
Client Rapport: Development o fa rapport between the client and facility staff responsible
for the assessment function, establishing trust and familiarity, is deemed integral to
performing a thorough and accurate comprehensive assessment or revised assessment, as the
case may be, of the client's needs and to establishing an effective case management service
plan and a realistic, client-developed Continuum of Care Plan.
Contents of Comprehensive Assessment: The comprehensive assessment shall include
treatment and referral recommendations and will form the basis for the client's individualized
Continuum of Care Plan and referral services provided to the client. The comprehensive
assessment shall be comprised of information gathered by the OAP Program, by the Dade
County Homeless Trust, at intake, through client interviews and through medical and referral
information.
B. INDIVIDUALIZED CONTINUUM OF CARE PLAN:
Client-Developed Continuum of Care Plan - Timeliness: Clients shall be assisted in
initiating an individualized Continuum of Care Plan within twenty-four (24) hours of the
completion of their comprehensive assessment of their current social, health and
education/employment conditions and needs.
In the event that a client developed a Continuum of Care Plan while in the care of
another provider, the primary care provider shall incorporate the client's Continuum
of Care Plan into the primary care provider's service plan for the client, subject to
revision by the client and his or her primary care case manager.
Client Contract: The Continuum of Care Plan is an individualized contract based upon the
participant's current state, capabilities and personal goals. The Continuum of Care Plan shall
describe the participant's needs for supportive services and outline the steps that the
participant must take in order to begin the personal process towards residential and financial
stability and self-sufficiency. The client's signature on the Continuum of Care Plan signifies
his or her commitment to obtaining residential, financial and personal stability and self-
sufficiency.
Basis of Individualized Continuum of Care Plan: The individualized Continuum of Care
Plan shall be based on the comprehensive assessment of client% conditions and needs, as well
as case management recommendations, and the client's personal goals and objectives. Goals
and/or services sought by the client should be consistent with those articulated by the client
during initial engagement and assessment by the Trust-coordinated Outreach, Assessment
and Placement Program or while in the care of another provider.
Potential Needs to be Reflected in Client's Goals and Objectives: The individualized
Continuum of Care Plan should address the following goals and objectives that respond to
the following potential needs: health (physical and mental health, including substance abuse),
education, vocational skills and employability, benefits and/or benefits, housing, child care
and legal services, as well as family/interpersonal issues and spirituality.
Establish Realistic Goals: Unrealistic goals should be avoided to prevent discouragement
with the rehabilitation process. Conversely, too simplistic goals should be discouraged to
prevent loss of interest by the client due to the existence of too few challenges. The choices
made by the client with the assistance of his or her case manager should be realistic and
within the client's range of skills, abilities and present circumstances.
Weekly Monitoring of Client Progress: The participant's progress in meeting goals set
forth in the Continuum of Care Plan should be monitored on a weekly basis through weekly
meetings with the client's case manager.
· Flexibility and Adjustment: Continuum of Care Plans are intended to be individualized,
VII.
VIII.
flexible service plans facilitating steady movement toward independent living at a pace suited
to each participant's circumstances and needs. The Continuum of Care Plan must be adjusted
to reflect progress or identified areas where additional attention is needed either by the
client's own efforts or through the provision of additional services and/or resources.
CLIENT CONFIDENTIALITY AND SHARING OF INFORMATION:
Client Expectation of Privacy: Primary care facilities shall comply with all federal and state
laws and regulations governing the confidentiality of information regarding AIDS/HIV status
and medical, substance abuse or mental health history, referral or treatment. Clients may
expect a reasonable degree of privacy with regard to infomlation not otherwise protected
from disclosure by federal or state laws and regulations that is shared with the primary care
facility staff members.
Personal Mail and Client Confidentially: Client information may be subject to disclosure
as provided by law including investigation by law enforcement, probation officers, and I-IRS
protective services related to minors or the elderly, subject to any limitations on disclosure
set forth in state or federal law, including those laws protecting the confidentiality of
information regarding AIDS/HIV status and medical, substance abuse or mental health
history, referral or treatment.
Sharing of Client Information: Sharing of client information with other providers to whom
the client may be referred is necessary to ensure effective provision of services, continuity in
care, and efficient use of Continuum resources. The necessity of sharing information with
other providers shall be explained to the client. Client information shall only be shared upon
the client's written consent.
OUTPLACEMENT SERVICES:
Housing Options: The mission and purpose of primary care facilities is to provide housing
and supportive and/or treatment/rehabilitative services necessary to assist the client in the
transition from homelessness to independent living or permanent supported housing, as
applicable. In keeping with this purposed, the primary care facility should make every effort
to assist the client in securing an appropriate housing placement as soon as reasonable and
appropriate for the client.
Provider Relationships: Primary care facility case managers are expected to develop strong
working relationships with primary and/or advanced care case managers to ensure an
effective planning process and smooth transition between housing programs.
Effective Planning Process to Ensure Smooth Transition: The planning process should
strive to ensure that minimal disruption occurs during the transition from one provider to
another. The planning process is intended to ensure that services provided to the client at or
through referral by the primary care facility are maintained and that the provision of
additional services are arranged for the client prior to transfer, consistent with the client's
individualized Continuum of Care Plan.
Outplacement Packet: The necessity to cooperate with both the Primary Care Provider and
the provider with whom the client has been placed in order to ensure effective service
provision and continuity of care shall be explained to thc client. Upon the written consent of
the client, an outplacement packet shall be prepared for the provider with whom the client
has been placed. The outplacement packet shall contain the client's comprehensive
assessment, Continuum of Care Plan and referral history and notes for the purpose of
ensuring continuity in service provision and in the client's commitment to his or her goals
and objectives.
Follow-Up Case Management Services: The primary care provider responsible for referral
and placement ora client with an advanced care provider or in permanent housing available
to the client in the Dade County community shall provide follow-up case management
services to the client for at least ninety days following the date of outplacement.
SWORN STATEMENT UNDER SECTION 287 133(3)(a;
FLORIDA STATUTES. ON PUBL!C ENTITY CD, tMES
THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRPF_$ENCE OF A NOTARY PUBLIC OR OTHER
OFFICER AUTHORIZED TO ADMINISTER OATHS
1. Th~s sworn statemenl is submitted to
The City of Miami Beach, Flotilla
by
[print name o; public enti~i ,: ~ . . : [print ~ndividual's name an<: title!
[or THE SALVATION ARMY, A GEORGIA CORPORATION
[print name of entity suumming sworn statememl.. '
wh. cse bcsmess ec"ress is ,., -1/42/4 NE Expressway
A, tlanta, Georqia 30329
anc[ hf applicable; ;;s Feaera[ Emoioyer Ident. d;,;a~lon Number (.F-"'IN~ ~s I:B N0.58-0660607
(If the entity .~as nc rEIN. ~nctuce ;ne Social Security NumPer of the indiwoual s~gmng this sworn statement:
.)
2, I understand that a "public entit~ came" as defined m Pa;ogreish 287.133(1)(g). F oHde Statutes, means a
violation of any stale or fecleral law by a person with respect to and d~rectly related to the transaction of business
Or w.,h an agency or political subdivision of any other state or of the
with any business with any public entity
United States. including, but not limited to. any bid or contract [or goods or servic,,s ta be provided to any pubhc
entity or an agency or political subdivision of any other state or Of the United States and involving antkrus[, fraud,
then. bribery, c,311usicn, racketeering, consl3iracy, or material misrepresentation.
3. I understand tha~ "convicted" or "conviction" es defined in Paragraph 2BT.133(1)(b), Florida Statutes. means a
finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or
state trial COUl~ o[ record relating to charges brought Py indictment or information after July 1. lCJSg, as e result of
a jury verdict, nonig,? trial, or entry of a plea of guilty or nolo
4 I understand that en "al~iiiate" as defined in Paragraph 287.~,33 (1)(a). ~I?..~LJ..~. means'
1. A predecessor or successol' 0f a person convicted of a publio entJbJ orime: or
2 An entity under the m3ntr0l of any neturel j~er$on who is active Jn the managemel3t of the entity and who has
oeen conwcted of a public entity crime. The term "affiliate" .~nclude-: ;.'~ose officers, directors, executives, panners.
sharehotders, emlstoyee$, members, end agents who are active in the management of an affiliate. The ownership
by one person of Shares constituting a controlling interest in another person, or a pooling of equipment or income
among 13arsons when not for fair marXet value under an arm's length agreement, shall be a prima facie case that
one person controls another person. A person who knowingly enters into a Joint venture with a person who has
been convicted of a public entiW crime in Florida during the preceding 35 re'oaths shall be considered an atfili.ate.
PC041~.04~
5. [ understand that a "person" as defined in Paragraph 287.133(1){e). Ft0ride Statutes means any natural person
or entity organized under the laws of any stale or of the United States with the legal power to enter into a binding
contract and which bids or applies to bid on contracts for ~e provision of goods or services let by, a pub c entity.
or which otherwise transacts or aoplies to transact business with a public entity. The term "person" includes those
officers, directors, executives, partners, shareholders, emphsyees, members, and agents who are active in
management of an entity.
6. Based on information and belief, t~e statement which I have marked below is true in relation to the entity
submitting this sworn statement. [indicate which statement appiies.]
X Neither the entity submitting this sworn'statement, r~or any officers, directors, executives, pannerS.
;'~r~h~lders. employees, memOers, or agents who are active ~n the management of the entity, nor an'f affiliate of
I
the entity nas been charged w~th and conwcted of a puDhc entrap crime subsequent ~o jury
,. The entity submitting this sworn statement, or oneor more of ~ts officers, direclors, executives pa~ners
shareholders, employees, members or agents who are active ~n management of the entity, or an affii~ate of :ne
entity has been charged with and convicted of a public entity crime subsequent to July '~. lg89
The entity submitting this sworn statement, or one or more of its officers, directors, executives ~2ar~ners
sh-~r~'olde~:s, employees, members, or agents who are active m lhe management of the entity, or an affiliate of
[he entity has been charged with and convicted cf a pubhc entd¥ crime subsequent tc July 1. *,989 However
[here has been a subsecluent proceeding before a Hearing Officer of the State of Florida, Div,Slon Of
Administrative Hearings and the Final Orcer entered ~y the hearing O,ff~cer determined that ~: was r~o: ~n ;he 2uDhc
interest [o place t~e entity submitting this swdrr~ statement on :he conwcted vendor hst. [arleen a copy Of tP, e final
drderl
I uNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE
PUELIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS ,--C,R THAT PUBLIC ENTITY ONLY AND.
THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED i
ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO
A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017.
STATUTES FOR J~I'EGC:~I,Y/)f'~/,,O,,~OP Aj~ CHANGE IN THE INFORMATION CONTAINE~ IN THIS FORM
[signature]
Sworn to and subscribed before me this
Personally known ~
day of
OR Produced identification
Notary Public - State of
- My commission expires
(Type of Identification)
(Printed typed or stamped Commission~d~...~ne of Ix~r'y Public}
V, ~ B~FFtNGTON
EXHIBIT E
SUB-CONTRACTOR/SUPPLIER LISTING
NAME OF PRIME CONTRACTOR/RESPONDENT
PROJECT NAME
Business Name and Address of Principal Owner Scope of Work to be Performed (Principal Owner)
First Tier Subcontractor/ by Subcontractor/
Subconsultant Subconsultant
Gender Race
Business Name and Address of Principal Owner Supplies/Materials/Services to (Principal Owner)
Direct Supplier be Provided by Supplier
Gender Race
I certify that the representations contained in this Subcontractor/Supplier Listing are to the best of my
knowledge tree and accurate.
EXHIBIT F
ACKNOWLEDGEMENT OF DISABILITY NONDISCRIMINATION AFFIDAVIT
CONTRACT REFERENCE Fiscal Year 2002/2003
NAME OF FIRM, CORPORATION, OR ORGANIZATION The Salvation Army, A Georgia
Corporation
AUTHORIZED AGENT COMPLETING AFFIDAVIT
I~EASURER
POSITION
PHONE NUMBER (
i~04) 728-1300
I, fl. AL WARD , being duly first sworn state: That thc above
named form, corporation or organization is in compliance with and agrees to continue to comply with, and
assure that any subcontractor, or third party contractor under this project complies with all applicable
requirements of the laws listed below including, but not limited to, those provisions pertaining to
employment, provision of programs and services, transportation, communications, access to facilities,
renovations, and new construction.
The Americans with Disabilities Act of 1990 (ADA): Pub. L. 101-336, 104 Stat 327, 42 U.S.C.
12101-12213 and 547 U.S.C. Sections 225 and 611 including Title I, Employment; Tittle II,
Public Services; Title III, Public Accommodations and Services Operated by Private Entities;
Title IV, Telecommunications; and Title V, Miscellaneous Provisions.
The Rehabilitation Act of 1973:29 U.S.C. Section 794.
The Federal Transit Act, as amended: 49 U.S.C. Section 1612.
The Fair Housing Act as amended: 42 U.S.C. Section 3601-3631.
~kfx, ,~' - n. m_ ~,o Signature
AFH 2 9 2003
Date
SUBSCRIBED AND SWOR2q TO (or affirmed) before me on
N. AL WA~D
by
presented
(Affiant)
APR 2 9 2003 (Date)
· He/She is personally known to me or has
as identification.
(Type of identification)
· ' ' ,,'"' BO "?,,
,~'"" ' ~ ~ k~ ur~ ~..'"'6~".. z %
Not~Pubho O~ (State) Not, Seal :~~:~+,,,-
Thc CiW of Mia~ Beach will not award a con~act to ~y f~ co~orauo~r orgy=at on
sub~t ~is Affidavit ~ ~e F~ co~oraQon or orga~adon's bid or proposal or fails to have ~is Affidavit on file
~ the Ci~ of Mi~ Beach.
Page 1 of 1
(Serial Number)
(Expiration Date)
fails to complete and
EXHIBIT G
Miami-Dade County Conflict of Interest and Code of Ethics Ordinance
Dade Coumy Code Section 2-11.1
City of Miami Beach Ethics Ordinance
City of Miami Beach Code Section 2-446 et. seq.
.'~DM INISTRATiON
~ 2-11.1
This prohibition related to communications shall (b) When permit:ed. A ~lD:fme County em-
not be applicable to ia) comm~ications corn ployeemayacceptmcident~ or occasionM ourside
duc:ed t~-ough the cha/~erson at a duly adver- emplo~ent so long as such emplo3~ent is not
tired public ~' ~' (b% ~tten requests for contras, det~en:~ or adverse to 5~e ~terest of
~bma~cn or c!m~cafion &om prospective propos- the County or ~y of its dep~ments ~d the
ers related :o the RFQ; ~d (c) communications approval required m subsection (c) is obtained.
i~fiated by the Cowry adm~ist~afion (i.e., mem-
bers of the Co~ty NI~a~er's Office, the F~ce (c) .~vproua[ of debarment fle=d required..~v
Dep~men:, the affecte'~ operatin~ depa~ment, outside emplo~en: by ~y ~lt-:ime ~ountv em~
and the Count- A~o~ey's Office) or the County's ployee must first be approved Lu w~:ing b~- the
tin.cia] ad~sor related to a ~t:en request for employee's depa~ment head who shall mai~ta~
information or ci~fica~on from a prospective a complete record of such emple)~ent,
proposer or related to the RFQ. A ~iolation of ~his
provision may result ~ a ~squalificafion of the (d} Penalty. ~my employee con~cted of ~olat-
pro?set for co~ideration ~der ~he te~s of this ~g ~y pro.sion of :~s section sha~ be punished
sec:mn, as provided ~ Section I-5, ~ud, Lu ad~fion ~ereto,
sh~l be subject to ~smissal by ~s dep~ment
(il Exceptions. ~e pro~sions offs section do head. -
not apply to the issu~ce of revenue bonds by the (Ord. N'o. 58-5, ~ 25.01, 2-18-58)
follo~ug Dado Co~ peripheral bond issu~g ~=o~.zio~--.~o T.1.
autho~ties:
~e Dado Co~ Educafion~ FacUlties Au- Sec. 2-11.1. Co~ict of ~terest and Code of
tho~ Ethics Or~nance.
~e Dado Co~ Heath Facilities Autho~:y; (al Designation. ~s section sh~ be des/g-
~e Ho~g F~ce Au~o~W of Dado Co.w, noted ~d ~o~ as the "Dade Co~ Co~ict of
~eHda; * Interest ~d Code of EtMcs Ore. ce." ~s
section sh~ be applicable to a~ Co~typerso~el
~e Dade Co~-Indus~al Development Au- as defined here~, ~d sh~l ~so consfi~te a
tho~:
(Ord. No. 94-~58, ~ 1--9, -I~-94; Ord. No. 95-35, ior for all m~icip~ offi~als ~d officers, auton-
9 ~ m~mum st~d~d of etMc~ conduct ~d behav-
~ 1, 2, 4, 5, 2-21-95; Ord. No. 95-102, ~ 1, 6-20-95; omous perso~el, quasi-judici~ perso~el, ad.-
Ord. No. 96-90, ~ !--3, 6-IS-96; Ord. No. 97-2, ~ so~ personnel, departmental personnel and
- 1, I-!4-~; Ord. No. 97-8, ~ 1, 2-4-97; Ord.
97-21, ~ 1, 3-!S-97) employees ofm~icip~ifies ~ the Co~W ~sofar
~ their ~du~ re!afionsMps with their own
E~or's nOt--rd. N'o. 94-!58. adopted Sept. 13, 1994, municipal governments are concerned. Refer-
~mended U~e Code by the addition of provisions which have ences ~ the section to CounW persomue] shall
been ~cZuded herein ~s ~ new ~ 2-10.6. S~d Ord. No. 94-~58 ~herefor be apolicable to municip~ ~ersonnel who
repealed ~he provisions of Ord. N'e. 93-67, adopted July 15, - .
I993, from which former ~ 2-10.5. rel~ive to similar subject se~e in comp~able capacities to the County
ma~ter dehved. Fames ~ 2-10.6 also derived fram Ord. Xo. perso~el refe~ed ~, (Ord. No. 72-82, ~ 1, 11-2~-
94-62, ~ i, enacted Ap~i 19, i994. 72; Ord. ~'o. 73-27, ~ 1, 3-20-73)
Cross ~ferenc~enernI oblig~ion b~ndz, Ch. 16.
(b) Definitions. For the pu~oses oft~s section
Sec. 2-11. Outside e~plo~ent by Co.tv the follo~g de'tuitions shall be ~,- ·
employees.
(1) ~e tam "Commissioners" sha~ refer
(al Ge,uera~y p~hibited. No ~]!-time County the Mayor ~d :he members of :he Board
employee shall accep~ outside employment, either of County Commissioners as duly cons:i-
mc~cental, occasional or other-ire, where County tuted &om time ~o time.
nme, equipmen~ or material is to be used or (2) The tern "autonomous personnel" shall
where such emplo)~ent or ~y pa~ thereof is to refer to ~he members of semi-autonomous
be performed on County time.
authoHties, bo~ds, ~d agencies as are
Supp. No. 21
264.4i
§ -.2-11,1 DADE COL,'NTY CODE
entrusted with the day to day policy set-
ting, operation and' management of cer-
t~- defined County func~ons or areas of
responsibilky, even though the ult/mate
responsibility for such functions or areas
rests with the Board of County Commis-
sioners.
(3) The te.~n "quasi-judici~l personnel" shall
refer to the members of the Zoning Ap-
peals Board and such other boards and
agencies of the County as perform quasi-
judicial fun=ions.
(4) The term "advisory. personnel" shall refer
to the members of those County advisory
boards and agencies whose sole or pri-
mary responsibility is to recommend leg-
islation or give advice to the Board of
County Commissioners.
(5) The term "departmental personnel" shall
refer to the Manager, his department
heads, the C. ountyA~orney and all Assis-
tant County Attorneys.
(6) The term "employees" shall refer to all
other salaried personnel employed by the
County.
(7) The term "compensation" shall refer to
any money, gift, favor, th~,~g or value or
financial benefit conferred in return for
services rendered or to be rendered.
(8) The term "controlling financial interest"
- shall refer to ownersh/p, directly or indi-
· feebly, to ten (I0) percent or more of the
outstanding capital stock in any corpora-
tion or a direct or indirect interest of ten
(10) percent or more in a firm, parmer-
ship, or other business entity.
(9) The term "ironed/ate fan/iv" shall refer
to the spouse, parents and c~Idren of the
person involved.
(!0) The term "transact any' bt~siness" shall
refer to the purchase or sale by the County
of specific goods or services for a consid-
eration. (Ord. '.N'o. '72-82, § 1, 11-21-72;
Ord. No. 73-23, § 1, 3-20-73; Ord. No.
86-24, § 3, 4-1-86)
(11) The term "Ethics Commission" shall refer
to the Metropol/tan Dude County Commis-
sion on Ethics and Public Trust.
(c) Prohibition on transcctinf business within
the County. No person incIuded in the terms
defined in subsection (b)(1) through (6) and in
subsection (b)(9) shall enter into any contract or
transact any business in which he or a member of
his immediate family has a fmancial interest,
direct or indirect, with Dude County or any per-
son or agency acting for Dude Count); amd any
such contract, a~eement or business engagement
entered in violation of this subsection shall ren-
der the ~n~action voidable. W'ill~l violation of
this subsection shall constitute malfeasance in
office and shall effect forfeiture of office or posi-
tion. Nothin~ herein shall prohibit or make illegal
(1) the payment of taxes, special assessments or
fees for services provided by County government;
(2) the purchase of bonds, anticipation notes or
other securities that may be issued by the County
through underwriters or directly from time to
time; (3) the participation of the persons included
in the terms defined in subsection (b)(1) through
(6), except for employees of the general serv/ces
administration and their "immediate family" as
defined in (b)(9), in the public auction prgcess
ut4l~ed by the County for the disposal of surplus
motor veh/cles; (4) the purchase of surplus per-
sonal property, pursuant to administrative order,
by persons defined in subsec:/on (b)(1) through (6)
and (9); (5) an application for direct assistance
from the DUde County Department of Housing
and Urban Development or an application to
par~/cipate in a program administered by the
Department of Special Housing has been submit-
ted by an applicant who is a County person as
defined in subsection (b) and who woudd but for
this section be eligible for such assistance from ,
said department; pro~-ided, however, that the ex-
ception provided in this paragraph shall not ex-
tend to an employee of the Dude County Depart-
ment of Housing and Urban Development or the
Depa~ment of Special Housing who participates
in the administration of said programs; or (6;' and
application to partfcipate in a single-family mort-
gage loam program sponsored by the Housing
Finance Authority of Dude County, has been sub-
mi~red by a County person as defined in subsec-
tion (b), and would but for this section be e!i~ble
for participation in said program; provided, how-
ever, that the exception provided in this para-
graph shall not extend to an employee of the Dude
Supp. No. 21 264.42
ADML~'IST~&TION
~2-I1.!
County_ Finance Department who par~icicates in
the administration of said single-family mort=a,~o
loan progrsar,. ' ~ -"
E:cension of waiver. The requirements of t,kis
subsection ma}' be waived for a particu]ar Tans-
ac:ion only by a.,~2rmative vote of two-thirds of the
enf_-e Board of Cour,~; Commissioners, after pub-
lic hearing. Such waiver may be affected only
after fi~udings by :wo-:k/:ds o'f the entire Boar~
thou
(!) ,An open-:o-ail sealed competitive bid has
been suhmi~ed by a Comutv person as
def~ued in subsection (b)(2), (~) and (4), or
(2) The bid has been submitted by a person or
firm offe.~m~ serv/ces w/thin the scooe of
practice of architecture, professional en-
~neer~m~, or re~s:ered land surveying as
de.iued by the laws of the State of~orida
and pursuant to the provisions of the
Consultants' Competitive Negotiation Act,
and when ~he bid has been submitted bv a
County person defined in subsection (b)('2),
(3) and (4), or
(3) The property or se.w'ices to be involved in
the proposed transaction are unique and
the County ca_nnot avail itself of such
property or ser,-ices without entering a
t'ransactien which would violate this sub-
section bu= for wa/vet of its requ/rements,
and
(4) That the proposed transaction w/il be to
the best interest of the County.
Such f;mdin~s shall be spread on the minutes of
the Board. Th/s subsection shall be applicable
only to prospect/ye transactions, and the Board
may in no case ratify a transaction entered in
violation of ~hds subsection.
Provisions cumulative. This subsection shall be
taken :o be cumulative and shall not be construed
to amend or repe~.I mu)' other law pe~aining to
the sa.me subject matter. IOrd. ,.N'o. 72-S2, § 1,
!1-21-72; Ord. N'o. 73-24. { 1. 3-20-73; Ord. No.
73-45, { 1. 5-1-73; Ord. No. 75-91, § i, 11-4-75;
Ord. No. 75-119. § I, 12-16-75: Ord. N'o. 79-85, § 1,
I0-!6-79; Ord. No. $0-33. ~ 1. 5-6-$0; Ord..N'o.
85-$4. § 1, 10-1-$5; Ord. No. 85-98. § !, 1I-5-$$:
Ord. No. 87-58, § 1, 9-!-87; Ord. No. 88-102. § 1.
10-IS-SS; Ord. No. 91-113, § I, 10-I-9i)
(d) Further i~rohiTi:ion on trcnsactin~
ness with the Count~. No person included hu the
terns defi_ued in subsections (b)(1) through (6)
and in subsec:ion (b)(9) shM1 enter into ar, v
contract or transact any business tkrough a firrr~,
corporation, par:.nershiu or business entity in
which he or any membe~ ofh/s k'nmed/ate funnily
has a con~ollin~ financial interest, dire~ or ind/'-
rect, with Dado County or any person or agency
acting for Dado Count:;, and a.uy such contract,
a=o'reement or business engagement entered in
violation of this subsection shall render the trans-
action voidable. The remaining provisions of sub-
section (c) will also be applicable to this subsec-
tion as though incorporated herein by recication.
Additionally, no person included in the term
de-~med in subsection (b)(1) shall vote on or par-
ticipate in any way in any matter presented to the
Board of County. Commissioners if said person
has any of the following relationships with any of
the persons or entic/es wk/ch would be or might be
directly or indirectly affected by any action of the
Board of Coun~ Commissioners: (i) officer, direc-
tor, partner, of counsel, consultant, employee,
fiduciary or beneficiary.; or (ii) stoc'kholder, bond-
holder, debtor, or creditor, if in any instance the
transact/on or ma'a, er would affect the person
defined in subsection (b)(1) in a manner distinct
fi.om ~he manner in which it would affect the
public ~enerally..~my person included in the term
defined in subsection (b)(1) who has any of the
above relationships or who would or might, di-
rectly or indirectl); profit or be enhanced by the
action of the Board of Counw Commissioners
shall absent himself or herself ~:rom the commis-
sion meetin~ durin~ the discussion of the subject
kern and shall not vote on or pamicipate in any
way La said maker. (Ord. No. 72-82, § 1, 11-21-72:
Ord..'%. 73-45, § 2, 5-I-73; Ord. *'o. 86-11,
2-!$-$6; Ord. N'o. 86-24, § 1, 4-1-$6)
(e) Gi~qs.
(1) Definition. The te.~'rn, "~ft" shall refer to
zhe transfer of any~hLug of economic value,
whether in the form of money, service.
l~an, travel, ente~ainment, h'~spitalky.
Supp. No. 2i 26.5
§ 2-1L1 DA.DE COUNTY CODE
item or promise, or in ~ny other form,
without adequate and lawful consider-
ation.
(2) Em:eptions. The provisions of subsection
(e)(1) shall not apply to:
a. Political contributions specifically au-
thorized by State law;
b. Gi/%s from relatives or members of
one's household;
c. Awards for professional or civic
ach/evement;
d. Material such as book~, reports, pe-
riodicals or pamphlets wMch are
solely informational or of an adver-
rising nature.
(3) Prohibiffo,~. A person described /n sub-
section (b)(1) through (6) shaU neither
soUcit nor demand any gh~. It is also
,,,~awful for any person or entity to offer,
give or agree to give to any person in-
cluded/n the term defined in subsection
(bX1) through (6) or for any person in-
cluded in the term de~ned in subsection
(b)(1) through (6) to accept or
Supp. No. 21 266
ORDINANCE NO. 97-3~05
AN ORDINANCE OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MJAMI BEACH, FLORIDA
AMENDING MIAMI BEACH CITY CODE CHAPTI~R 2
ENTITLED "ADMINISTRATION", ARTICLE IH THEREOF
ENTITLED "STANDARDS OF CONDUCT FOR CITY
OFFICERS AND EMPLOYEES", BY CREATING SECTION
2-47.4 ENTITLED "SUPPLEMENTAL ABSTENTION AND
DISCLOSURE REQUIREMENTS", AND 2-47.5 ENTITLED
"CERTAIN APPEARANCES PROHIBITED"; PROVIDING
FOR CODIFICATION, REPEALER, SEVERABILITY, AND
EFFECTIVE DATE.
WHEREAS, the Mayor and City Commission of the City of Miami Beach, Florida are
concerned with actual and/or appearance related conflicts of interest of public officials which
interfere in ensuring the City Commission's goal of good government; and
WHEREAS, conflict of interest laws presently exist within the Florida Statutes, Dade
County Code, as well as Miami Beach City Code; and
WtIEREAS, neither the State or County laws prohibit the governing body of a municipality
from imposing upon its officers and employees additional or more stringent sta~a~ds of conduct
and disclosure requirements than those specified in said laws, provided that those standards of
conduct and disclosure requirements do not otherwise conflict with the provisions of said legislation;
and
WHEREAS, the following legislation is thus hereby enacted for the purposes of
supplementing existing conflict of interest regulations where not otherwise in conflict with State and
County laws, so as to permeate and insure the public process and the concomitant process of
governing.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION I. AMENDMENT OF CHAPTER 2, ARTICLE III, ENTITLED
"STANDARDS OF CONDUCT FOR CITY OFFICERS AND
EMPLOYEES"
That Miami Beach City Code Chapter 2, Article III thereof, entitled "Standards of Conduct
for City Officers and Employees" is hereby amended by the creation of the following Section 2-47.4
entitled "Supplemental Abstention and Disclosure Requirements", and Section 2-47.5 entitled
"Certain Appearances Prohibited", said sections to read as follows:
Article III. Standards of Conduct for City Officers~ a-nd Employees and Agency
Members
Sec. 2-47.4 Supnlemental Abstention and Disclosure Requirements.
In addition to those conflict of interest abstention and disclosure requirements currently
required by State and/or County law. the following re~_uirements shall also apply to City of Miami
Beach Public Officers:
1LD A Public Officer with a conflict of interest on a particular matter is prokibited
from participating in that matter. "Partieipati0n" means any atte.rgpt to
influence the decision by oral or written eomrrmnication, whether made by
the Officer or at the Officer's direction.
(2) Written disclosures of conflict of interest shall contain the full nature of the
conflict at issue, including but not limited to names of individuals who?~'
relationship with the Officer results in the subject conflict, and all mater/al
facts relevant to the conflict issue. The written memorandum disclosing
conflict of interest shall be stated into the record before any discussion begins
2
['3)
on the subject agenda item: this written disclosure memorandum must b,'.
filed reeardless of whether the Officer nossessing the conflict was ii~
attendance or not duHn_o consideration of the subject item.
"Public Officer" includes any person elected or apnoinled to hold office iii
any agency.
"Agency" shall mean any board, commission, committee or authority of th,'.
City of Miami Beach whether advisory, ad hoc or standing in nature.
Sec.2-47.5.
Certain Apvearances Prohibited
No Member of a City of Miami Beach board, agency or committee or ~,
member of any hoard, aeencv or committee created hereafter which is
desi_~nated as a board, agency or committee subject to the purview of th~.~
a. either directly or through an associate, aopear, represent or act Or,
behalf of a third person before the City Commission or any Ci_ty
Agency with respect to any Agency action sought by the third
persorl.
b. either directly or through an associate be eh_caged as a lobbyist for
and on behalf ora third person with respect to any official action bv
any public officer soueht bv said third person.
(23 Definition~.
As used in this Section. the followin~ definitions shall apply:
a. '_'A~encv" means any board, commission, committee or authority of
the City of Miami Beach whether advisory, ad. hoc or standing in
nature.
b. "Associate" means any per~on or entity engaged in or ca~ry, lng on a
business enterprise with a City of Miami Beach Agency member a~
a partner, ioint venturer, or co-corporate shareholder where the
shares of such eomoration are not listed on any national or regivnal
stock exchange or co-owner of property_.
c. "Lobbyist" means all t~ersons, firms, or eom_orations employed or
retained, whether naid or not,* by a principal who seeks to encourage
the passage, defeat, or modification(s) of any (1'1 ordinance,
resolution, action or decision of any Commissioner: (2) any action
decision, recommendation of any ei_ty board or committee: or (3) any
action, decision or recommendation of the City Manager. Deputy ¢i_ty
Manager. Assistant Ci_ry Managers. all department heads, all division
heads, the City Attorney, Chief Deputy City Attorney, Deputy City
Attorneys, and/or all Assistant City Attorneys (except when ~aid
personnel are acting in connection with Administrative Heatings)
dufine the time period of the entire decision-making process on such
action, decision or recommendation which foreseeablv will be heard
or reviewed bv the City Commission. or a city_ A~encv. "Lobbyist".
as defined above, specifically includes the principal, as described
above, a~ well as any agent, attorney, officer or employee of
principal, regardless of whether such lobbying activities fall within
the normal scope of employment of such agent, attorney, officer c,~
employee. * For purposes of this Ordinance, "Lobbyist" shall
exclude any person who only apnears as a representative ora not fo,
profit co _rporation or entity (such as a charitable organization,
neighborhood or homeowner association, a local Chamber
Commerce or a trade association or trade union), without special
compensation or reimbursement for the appearance, whether direct.
indirect or contingent, to express support of or opposition to a~y item.
"Public Officer" means any person elected or appointed tO hold of'fica
in the City of Miami Beach. a member of an Aeencv which shall
~ advisory body.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and ii is
hereby ordained that the provisions of this ordinance shall become and be made a part of the Code
of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or relettered
to accomplish such intention, and the word "ordinance" may be changed to "section", "article," or
other appropriate word.
SECTION 3. ~
If any section, sentence, clause or phrase of this ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the
validity of the remaining portions of this ordinance.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
~ EFFECTIVE DATE
This Ordinance shall take effect the 27th day of
December ,1997.
PASSED and ADOPTED this ..~ 7th day of December ,1997.
ATTEST:
CITY CLERK
MAYOR
(Requested by CommissionerDavid Dens,er)
lst reading 12/3/97
2nd reading 12/17/97
SKO:sct~c~'4'~e~i~m I.o~
APPROVED AS TO
r-oe.M & LANC, UAOE
& FOR EXEcLmoN
1st Reading 12/3/97
2nd Reading
MTJRRAY H. DUBBIN
CRv Attorney
TO:
FROM:
SUBJECT:
OFFICE OF THE CITY ATTORNEY
F L
D A
Telephone:
Telecopy:
COMMISSION MEMORANDUM NO. ~ ~.~.~(~ --~
(305) 673-7470
(305) 7z-7oo2
DATE: DECEMBER I7, 1997
MAYOR NEISEN KASDINi
MEMBERS OF THE CITY COMMISSION
MURRAY H. DUBBIN~ ! ~
CITY ATTORNEy /~
ORDINANCE AMENDING MIAMI BEACH CITY CODE CHAPTER 2, ARTICLE
III ENTITLED "STANDARDS OF CONDUCT FOR CITY OFFICERS AND
EIVIPLOYEES,, BY CREATING SECTION 2-47.4 ENTITLED "SUPPLEMENTAL
ABSTENTION AND DISCLOSURE REQUIREMENTS,,, AND SECTION 2-47.5
ENTITLED "CERTAIN APPEARANCES PROHIBITED".
At the request of Commissioner David Definer, the attached Ordinance, which pa~sed fa-st reading
on December 3, 1997, has been drafted amending the City's Conflict of Interest regulations as presently
embodied within Chapter 2, Article III of the Miami Beach City Code. The proposed amendments create
two new sections within the City's Ethic Code, said sections supplementing state and county conflict of
interest regulations by establishing more stringent standards of conduct and abstention/disclosure
requirements than those currently specified in said laws. The attached Ordinance is thus ready to be heard
by the City Commission for ~econd and final reading.
JKO:sct:jcan "4~¢thics2.crn
1700 Convention Center Drive - Fourth Floor -- Miami Beach, Florida 33139
JOHN LARSSON
GENERAL
THE SALVATION ARMY
FOUNDED IN 1865 BY WILLIAM BOOTH
USA SOUTHERN TERRITORY · 1424 NORTHEAST EXPRESSWAY · ATLANTA, GA 30329
PHONE (404) 728-1300 · FAX (404) 728-1331
PHILIP D. NEEDHAM
TERRITORIAL COMMANDER
h- H--
May 21, 2003
City of Miami Beach
Neighborhood Services Department
1700 Convention Center Drive
Miami Beach, Florida 33139
Attention: Max Sklaar, Assistant to the Director
RE:
Certificate of Insurance for The Salvation Army, Miami, Florida in
connection with the Agreement between The Salvation Army and The City of
Miami Beach
As per your request, here is another copy of the Certificate of Insurance, naming the City
of Miami Beach as additional insured and Certificate Holder.
If you should need additional information, please do not hesitate to contact the Local
Salvation Army office.
ui'fliggtoh~'~ '~-)~" ~(~"~
G~N]S AND CONTraS MAWR
for l
D. Paul Fuller, Captain
TE~ITORIAL SOCIAL SERVICES SEC~T~Y
attachment
ACORD . CERTIFICAT/::: OF LIABILITY INSURANCE
RODUGER
CHESTERFIELD INSURANCE AGENCY, INC.
P. O. BOX 237
GREEN, OH 44232-0237
ISURED
THE SALVATION ARMY, A GEORGIA CORP.
1424 NORTHEAST EXPRESSWAY
ATLANTA, GA 30329-2088
(330) 896-9777
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
INSURER A: ZURICH AMERICAN INSURANCE COMPANY
INSURER B: THE SALVATION ARMY LIABILITY RISK TRUST
INSURER C: THE SALVATION ARMY, A GEORGIA CORP.
~NSURER D: AMERICAN ZURICH 'INSURANCE COMPANY
INSURER E:
:OVERAGES
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 CONDITrONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
POLICY EFFECTIVE POLICY EXPIRATION
RR TYPE OF INSURANCE POLICY NUMBER DATE (MMfOD/Yy) DATE ~MMIDD/YY) I LIMn's
GENERAL LIABILITY EACH OCCURRENCE $ 500,000
~ X COMMERCIAL GENERAL UABILITY SELF INSURED 10/01102 10/01/03 P~RE DAMAGE (My (~e fire) $ 5001000
t C~MS MACE ~ OCCU~ RETENTION MBO EXP (Any one persoil) $ 5,000
PERSONAL & ADV tN JURY $ 500,000
GENERAL AGGREGATE $ 500,000
GEN'L AGGREGATE LIMIT APPUES PER: PRODUCTS - COMP/DP AGG $ 500,000
t.oLicY Loc
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 100,000
k X ANYAUTO BAP 9300525-01 10/01/02 10/01/03 (B..:c,d,.t)
ALL OWNED AUTOS BODILY INJURY
SCHEDULING AUTOS (Per Dersorl) $
X HIRED AUTOS BODILY INJURY
X NON-OWNED AUTOS (Per~d~t) $
PROPERTY DAMAGE
(Per ~cicl,nt) $
GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $
ANY AUTO OTHER THAN SAACC $
AUTO ONLY; AGG
EXCESS LIABILITY EACH OCCURRENCE $ 2,000,000
) X I occuR r~ C~MSaADE TRUST#1957850 10/01/02 10/01/03 AGGREGATE is
X RETENTION $ 500,000 = $
WORKBRS COMFENE^T,ON ANC X )TORY UMITS I I ER
k EMPLOYERS' UAelUW WC 9300799-01 10/01/02 10/01/03
I
E.L. EACH ACCICENT , $ 500,000
E.L. mSEASE- EA EMPLOYm I $ 500,000
E.[- DISEASE - POLICY LIMIT i $ 500,000
~ AUTO LIABILITY EXCESS SELF INSURED 10/01/02 10/01/03 $400,000 XS OF $100,000
RETENTION
The Salvation Army Miami Beach, FL
:ERTIFICATE HOLDER i I ADDITIONAL JNSURBD; INSURER LETTER: CANCELLATION
City of Miami Beach
1700 CONVENTION CENTER DRIVE
Third Floor
Miami Beach, FL 33139
SHOULD ANY OF TH E ABOVE DESCRIBED PO LICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO BO SHALL
IMPOSE NO OBLIGATION OR LIABILITY QF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES.
~CORD 25'S (7/97) ~ ACORD CORPORATION 1988
JOHN LARSSON
GENERAL
THE SALVATION ARMY
FOUNDED IN 1865 BY WILLIAM BOOTH
USA SOUTHERN TERRITORY · 1424 NORTHEAST EXPRESSWAY · ATLANTA, GA 30329
PHONE (404) 728-1300 · FAX (404) 728-1331
PHILIP D. NEEDHAM
TERRITORIAL COMMANDER
May 21, 2003
City of Miami Beach
Neighborhood Services Department
1700 Convention Center Drive
Miami Beach, Florida 33139
Attention: Max Sklaar, Assistant to the Director
Certificate of Insurance for The Salvation Army, Miami, Florida in
connection with the Agreement between The Salvation Army and The City of
Miami Beach
As per your request, here is another copy of the Certificate of Insurance, naming the City
of Miami Beach as additional insured and Certificate Holder.
If you should need additional information, please do not hesitate to contact the Local
Salvation Army office.
ly
GRAN]S AND CONTRAL-~T'gqVIAN'AGER
for
D. Paul Fuller, Captain
TERRITORIAL SOCIAL SERVICES SECRETARY
attachment
ACORDM CERTIFICATe. OF LIABILITY INSURANCE
RODUCER (330) 896-9777
CHESTERFIELD INSURANCE AGENCY, INC.
P. O. BOX 237
GREEN, OH 44232-0237
ISURED
THE SALVATION ARMY, A GEORGIA CORP.
1424 NORTHEAST EXPRESSWAY
ATLANTA. GA 30329-2088
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW,
INSURERS AFFORDING COVERAGE
INSURER A: ZURICH AMERICAN INSURANCE COMPANY
INSURER E: THE SALVATION ARMY LIABILITY RISK TRUST
INSURER C: THE SALVATION ARMY, A GEORGIA CORP.
INSURER D: AMERICAN ZURICH INSURANCE COMPANY
INSURER E:
;OVERAGES
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 TC 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
'~1~ POLICY EFFECTIVE POLICY EXPIRATION
TYPE OF INSURANCE POLICY NUMBER DATE ~MMIDD/YY1 DATE ;'MM/DD/YY~ UMITS
GENERAL LIABILITY EACH OCCURRENCE $ 500,000
.~ X COMMERCIALGENERALLJABILITY SELF INSURED 10/01/02 10/01/03 PIREDAMAGE(A~7o.o~r~) $ 500~000
I CLAIMS MADE J~l OCCUR RETENTION MEG EXP (Any one 0a~son) $ 5,000
PERSONAL & ADV INJURY $ 500,000
GENERAL AGGREGATE $ 500,000
GEN'LAGGREGATE LIMIT APPUES PER: PRODUCTS- COMP/DP AGG $ 500,000
IPOLICY J~~J~*TPRO' r~l LOC
AUTOMOBILE lIABIlITY COMBINED SINGLE LIMIT 100,000
~ X I ANY AUTO BAP 9300526-01 10/01/02 10/01/03 (Ea ~cciclent) $
ALL OWNED AUTOS BODILY INJURY
SCHEDULED AUTOS [Per person)
X HIRED AUTOS BODILY INJURY
X NON-OWNED AUTOS (Per accident)
PROPERTY DAMAGE
(Per accident) $
GARAGE LIABIUTY AUTO ONLY - EA ACCIDENT $
ANY AUTO OTHER THAN EA ACC
AUTO ONLY: AGG $
EXCESS MABILITY EACH OCCURRENCE $ 2,000,000
9 X I OCCUR ~ CLA~MSMADE TRUST #1957850 10/01/02 10/01/03 ^GSREGATE $ 2,000,000
$
DEDUCTIBLE $
X RETENTION $ 500,000 $
WC STATU- OTH-
WORKERS COMPENSATION AND X t TORY LIMITS I I ER
A EMPLOYERS' -~AmUTY WC 9300799-01 10/01/02 10/01/03
E.L. EACH ACCIDENT $ 500,000
E.L. DISEASE - EA EMPLOYEE $ 500,000
E.L. DISEASE - POUCY LIMIT S 500,000
OTHER
~ AUTO LIABILITY EXCESS SELF INSURED 10/01/02 10/01/03 $400,000 XS OF $100,000
RETENTION
ESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
The Salvation Army Miami Beach, FL
:ERTIFICATE HOLDER t I ADDITIONAL INSURED; INSURER LETTER:
CANCELLATION
City of Miami Beach
1700 CONVENTION CENTER DRIVE
Third Floor
Miami Beach, FL 33139
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES SE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT~ BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INBURER, ITS AGENTS OR
REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE ~.~ ~
~--~-//"//°v~ ~ ACORD CORPORATION 1988
25-S
JOHN LARSSON
GENERAL
LT, COLONEL DONALD FAULKNER
DIViSiONAL COMMANDER
ADVISORY BOARD
OFFICERS
Jack Lowell, Chairman
Albert E. Dotson, Vice Chairman
Tom Huston, Jr., Treasurer
MEMBERS
Rager J. Barreto
Douglas S, Boucher
Afhan F, Castglia
Dana L. Clay Gong
Nilda de Boyrie
Linda DeMartina
Newall Daughtrey
Edward W. Easton
Lawrence P. Gautier
Karen Godfrey
Lewis Harms
James A, Hauser
Roger E. Langer
Carol Lumpkin
Joanne Mitchell
Matthew Rigg
Dr. William M. Stokes
Charles Whltcomb
Brenda Williams
EMERITUS MEMBERS
Bowman Brown
James L. Davis
Dame Jean Loach
LIFE MEMBERS
Gilbert Michel
Graham C. Miller
Tom Huston, Jr,
IMMEDIATE PAST CHAIRMAN
R. Ray Goode
EX-OFFICIO MEMBERS
Major Kenneth Merrifiela
Jose Alcaraz
Valerie Dacks
Frank Holden
FOUNDED IN 1865 BY WlLUAM BOOTH
P.O. BOX 350370o MIAMI, FLORIDA /'~ . ~ 0 ~
1907 N.W, 38th STREET * MIAMI, FLC
TELEPHONE (305) 637-670~
FAX (305) 63,5-1052
May 5, 2003
Max A. Sklar
Assistant to the Direcstor
Neighborhood Services Dept.
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Dear Max:
PHILLIP D. NEEDHAM
TERRITORIAL COMMANDER
Enclosed find four (4) original copies of the contract between the
City of Miami Beach and The Salvation Army, a Georgia
Corporation. Please return two (2) original signed copies to my
attention at Miami Area Command.
Thank you for your extraordinary patience and for retaining your
sense of humor during the lengthy approval process for this contract.
I look forward to working with in the future and I will do all in my
power to prevent a "repeat performance" of this approval process..
Once More, thank you.
Sincerely yours,
t oL~ oDfa~ioS~i~ ~ ervic es
O A United Way Participating Agency
JOHN LARSSON
GENERAL
LT. COLONEL DONALD FAULKNER
DIVISIONAL COMMANDER
ADVISORY BOARD
OFFICERS
Jack Lowell, Chairman
Albert E, Dotson, Vice Chairman
Tom Huston, Jr., Treasurer
MEMBERS
Roger J. Barreto
Douglas S. Boucher
Athan F. Castglia
Dana L. Clay Gong
Nilda de Boyrie
Linda DeMartino
Newall Daughtrey
Edward W. Easton
Lawrence P. Gautier
Karen Godfrey
Lewis Harms
James A. Hauser
Roger E. Langer
Card Lumpkin
Joanne Mitchell
Matthew Rigg
Dr. William M. Stakes
Charles Whitcomb
Brenda Williams
EMERITUS MEMBERS
Bowman Brown
James L. Davis
Dame Jean Loach
LIFE MEMBERS
Gilbert Michel
Graham C. Miller
Tom Huston, Jr.
IMMEDIATE PAST CHAIRMAN
R. Ray Goode
EX-OFFICIO MEMBERS
Major Kenneth Merdfield
Jose Alcaraz
Valerie Dacks
Frank Holden
PHILLIP D, NEEDHAM
TERRITORIAL COMMANDER
FOUNDED IN 1865 BY WILUAM BOOTH
P.O. BOX 350370 * MIAMI, FLORIDA
1907 N.W, 38th STREET * MIAMI, FLC
TELEPHONE (305) 637-670
FAX (305) 635-1052
May 5, 2003
Max A. Sklar
Assistant to the Direcstor
Neighborhood Services Dept.
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Dear Max:
Enclosed find four (4) original copies of the contract between the
City of Miami Beach and The Salvation Army, a Georgia
Corporation. Please return two (2) original signed copies to my
attention at Miami Area Command.
Thank you for your extraordinary patience and for retaining your
sense of humor during the lengthy approval process for this contract.
I look forward to working with in the future and I will do all in my
power to prevent a "repeat perfmmance" of this approval process..
Once More, thank you.
Sincerely yours,
~r e°~t oL~ oDfa;ioS~ia~ ~ eWrvic e s
O A United Way Participating