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PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH
AND
H.O.P.E. IN MIAMI DADE, INC.
FOR
TRAINING PROGRAM SERVICES FOR HOMELESS CLIENTS
This Professional Services Agreement ("Agreement") entered into this Lc day of
Ncs-v-c..,.`)v 2018, between the CITY OF MIAMI BEACH, FLORIDA, a municipal corporation
organized and existing under the laws of the State of Florida, having its principal offices at
1700 Convention Center Drive, Miami Beach, Florida, 33139 ("City"), and H.O.P.E. IN MIAMI
DADE, INC., a Florida not-for-profit corporation, whose address is 50 Biscayne Boulevard,
1806, Miami, Florida 33132 ("Contractor").
SECTION 1
DEFINITIONS
Agreement: This Agreement between the City and Contractor, including any
exhibits and amendments thereto.
City Manager: The chief administrative officer of the City. City Manager's designee
shall be the Housing and Community Services Director.
Contractor: For the purposes of this Agreement, Contractor shall be deemed to be
an independent contractor, and not an agent or employee of the City.
Services: All services, work and actions by the Contractor performed or
undertaken pursuant to the Agreement.
Fee: Amount paid to the Contractor as compensation for Services.
Risk Manager: The Risk Manager of the City, with offices at 1700 Convention Center
Drive, Third Floor, Miami Beach, Florida 33139; telephone number
(305) 673-7000, Ext. 6435; and fax number (305) 673-7023.
SECTION 2
SCOPE OF WORK(SERVICES)
2.1 In consideration of the Fee to be paid to Contractor by the City, Contractor shall
provide employment training services to a minimum of thirty-two (32) homeless adults, as
further described in Exhibits "A" through "C" hereto (the "Services").
Although Contractor may be provided with a schedule of the available hours to provide its
Services, the City shall not control nor have the right to control the hours of the services
performed by the Contractor; where the services are performed (although the City will
provide Contractor with appropriate locations throughout the City to perform the Services);
when the Services are performed, including how many days a week the services are
performed; how the Services are performed, or any other aspect of the actual manner and
means of accomplishing the Services provided. Notwithstanding the foregoing, all Services
provided by the Contractor shall be performed in accordance with the guidelines set forth in
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the Scope of Services, as more particularly described in Exhibits "A" through "C", attached
hereto, and to the reasonable satisfaction of the City Manager. If there are any questions
regarding the Services to be performed, Contractor should contact the following person:
Maria L. Ruiz, Department Director
2.2 Contractor's Services, and any deliverables incident thereto, shall be completed in
accordance with the timeline and/or schedule in Exhibit "A," entitled "Scope of Services."
hereto.
SECTION 3
TERM
The term of this Agreement (Term) shall commence upon execution of this Agreement by all
parties hereto, as set forth in the Effective Date on page 1 hereof, and shall continue, for
three (3) years, unless otherwise terminated by the City.
Notwithstanding the Term provided herein, Contractor shall adhere to any specific timelines,
schedules, dates, and/or performance milestones for completion and delivery of the
Services, as same is/are set forth in the timeline and/or schedule referenced in Exhibit "A"
hereto.
SECTION 4
FIXED FEE
4.1 In consideration of the Services to be provided, Contractor shall be compensated on
a fixed fee basis, in a total amount not to exceed: (i) Sixty-Three Thousand Six Hundred
Fifty-Four Dollars ($63,654.00) for year one of this Agreement; (ii) Sixty-Five Thousand
Five Hundred Sixty-Three Dollars and Sixty-Two Cents ($65,563.62) for year two of this
Agreement; (iii) Sixty-Seven Thousand Five Hundred Thirty Dollars and Fifty-Three
Cents ($67,530.53) for year three of this Agreement.
4.2 Contractor shall be compensated for the Services, as set forth in Section 2 and
Exhibit "A" through "C", as follows:
The Contractor shall submit monthly requests for payment including payroll records
and other applicable back-up documentation no later than the 5th day of the
succeeding month. Compensation will be issued in corresponding monthly
installments. Invoices are payable upon receipt of an invoice that is acceptable to the
City. Advance payments are not allowed. The aggregate maximum annual fee shall
not exceed the maximum sums set forth in Section 4.1.
Invoices for services taking place prior to the beginning of the Agreement term are
not reimbursable. Similarly, invoices for services taking place after the end of the
Agreement term are not reimbursable.
The City assumes no obligation to provide financial support of any type in excess of
the total Agreement amount. All amounts submitted to the City must not be submitted
to any other funding agency for payment.
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Contractor's compensation shall be further subject to and conditioned upon all or any portion
of the Services to be provided herein being allowable and within the Scope of Services
delineated in Exhibit "A".
4.3 Contractor shall provide the City with a detailed invoice, on a monthly basis, that
details all services performed by Contractor in a particular month. Contractor's invoices are
subject to the review and approval of the City Manager and/or his or her designee, who shall
be the Department Director of the Office of Housing and Community Services. The City shall
not remit any payments to Contractor unless Contractor provides the City with a detailed
invoice that is acceptable to the City.
4.4 INVOICING
Upon receipt of an acceptable and approved invoice, payment(s) shall be made within forty-
five (45) days for that portion (or those portions) of the Services satisfactorily rendered (and
referenced in the particular invoice).
Contractor shall submit monthly Reimbursement Requests and Monthly Service Summary
Reports, as set forth in Exhibits "B" and "C", which include an itemized, detailed description
of the Services, or portions thereof, provided (including the names of the clients served and
dates of service provision).
Invoices shall be signed by an authorized employee of the Contractor, shall include a
detailed description of the Services (or portions thereof) provided, and shall be submitted to
the City at the following address:
Maria L. Ruiz, Department Director
Office of Housing and Community Services
1700 Convention Center Drive
Miami Beach, Florida 33139
SECTION 5
TERMINATION
5.1 TERMINATION FOR CAUSE
If the Contractor shall fail to fulfill in a timely manner, or otherwise violates, any of the
covenants, agreements, or stipulations material to this Agreement, the City, through
its City Manager, shall thereupon have the right to terminate this Agreement for
cause. Prior to exercising its option to terminate for cause, the City shall notify the
Contractor of its violation of the particular term(s) of this Agreement, and shall grant
Contractor ten (10) days to cure such default. If such default remains uncured after
ten (10) days, the City may terminate this Agreement without further notice to
Contractor.
Notwithstanding the foregoing, if the performance of the Services by Contractor under
this Agreement is creating a temporary or permanent public health, welfare or safety
issue, as determined by the City Manager, in the City Manager's sole discretion, the
City Manager may immediately suspend the Services under this Agreement for a time
certain, or, in the alternative, terminate this Agreement on a given date, without
providing Contractor with an opportunity to cure.
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Upon termination, the City shall be fully discharged from any and all liabilities, duties,
and terms arising out of, or by virtue of, this Agreement.
Notwithstanding the above, the Contractor shall not be relieved of liability to the City
for damages sustained by the City by any breach of the Agreement by the Contractor.
The City, at its sole option and discretion, shall be entitled to bring any and all
legal/equitable actions that it deems to be in its best interest in order to enforce the
City's rights and remedies against Contractor. The City shall be entitled to recover all
costs of such actions, including reasonable attorneys' fees.
5.2 TERMINATION FOR CONVENIENCE OF THE CITY
THE CITY MAY ALSO, THROUGH ITS CITY MANAGER, AND FOR ITS
CONVENIENCE AND WITHOUT CAUSE, TERMINATE THE AGREEMENT AT ANY
TIME DURING THE TERM BY GIVING WRITTEN NOTICE TO CONTRACTOR OF
SUCH TERMINATION; WHICH SHALL BECOME EFFECTIVE WITHIN THIRTY(30)
DAYS FOLLOWING RECEIPT BY THE CONTRACTOR OF SUCH NOTICE. IF THE
AGREEMENT IS TERMINATED FOR CONVENIENCE BY THE CITY,
CONTRACTOR SHALL BE PAID FOR ANY SERVICES SATISFACTORILY
PERFORMED UP TO THE DATE OF TERMINATION; FOLLOWING WHICH THE
CITY SHALL BE DISCHARGED FROM ANY AND ALL LIABILITIES, DUTIES, AND
TERMS ARISING OUT OF, OR BY VIRTUE OF, THIS AGREEMENT.
5.3 TERMINATION FOR INSOLVENCY
The City also reserves the right to terminate the Agreement in the event the
Contractor is placed either in voluntary or involuntary bankruptcy or makes an
assignment for the benefit of creditors. In such event, the right and obligations for
the parties shall be the same as provided for in Section 5.2.
5.4 TERMINATION DUE TO LACK OF FUNDING
The City may also, through its City Manager, terminate this Agreement due to lack
of funds, should available funding be reduced or should funding for the Services not
be approved through the City's budgetary process during the Term of this
Agreement, by giving written notice to the Contractor of such termination. Following
termination pursuant to this Section 5.4, the City shall be discharged from any and
all liabilities, duties, and terms arising out of, or by virtue of, this Agreement.
SECTION 6
INDEMNIFICATION AND INSURANCE REQUIREMENTS
6.1 INDEMNIFICATION
Contractor agrees to indemnify and hold harmless the City of Miami Beach and its officers,
employees, agents, and contractors, from and against any and all actions (whether at law or
in equity), claims, liabilities, losses, and expenses, including, but not limited to, attorneys'
fees and costs, for personal, economic, or bodily injury, wrongful death, loss of or damage to
property, which may arise or be alleged to have arisen from the negligent acts, errors,
omissions or other wrongful conduct of the Contractor, its officers, employees, agents,
contractors, or any other person or entity acting under Contractor's control or supervision, in
connection with, related to, or as a result of the Contractor's performance of the Services
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pursuant to this Agreement. To that extent, the Contractor shall pay all such claims and
losses and shall pay all such costs and judgments which may issue from any lawsuit arising
from such claims and losses, and shall pay all costs and attorneys' fees expended by the
City in the defense of such claims and losses, including appeals.
The parties agree that one percent (1%) of the total compensation to Contractor for
performance of the Services under this Agreement is the specific consideration from the City
to the Contractor for the Contractor's indemnity agreement. The provisions of this Section
6.1 and of this indemnification shall survive termination or expiration of this Agreement.
6.2 INSURANCE REQUIREMENTS
The Contractor shall not commence any work and/or Services pursuant to this Agreement
until all insurance required under this Section has been obtained and such insurance has
been reviewed and approved by the City's Risk Manager.
The Contractor shall maintain and carry in full force during the Term, the following insurance:
1. Comprehensive General Liability insurance in an amount not less than $500,000
combined single limit per occurrence and $1,000,000 aggregate in a policy year.
Deductibles exceeding $1,000 are discouraged, unless Contractor can provide financial
statements to support a higher deductible. The City of Miami Beach must be designated
and shown as an additional insured and the certificate holder with respects to this
coverage. The general liability policy must contain coverage for the following:
a. Bodily Injury;
b. Property Damage;
c. No endorsement for premises only operations.
2. If applicable, Contractor Professional Liability insurance, with coverage
amounts not less than $250,000 per claim and in the aggregate. Defense costs
may be inside the limits of liability and the policy can be written on claims made form.
The City of Miami Beach is not required to be named as an Additional Insured.
Professional liability insurance is generally required when the scope of services uses
professional services that require certification or license(s) to provide direct services
to program participants.
3. Workers Compensation & Employers Liability, as required pursuant to Florida
Statutes. Worker's Compensation Insurance must cover all employees, non-
incorporated independent contractors or Contractors, and incorporated independent
contractors or Contractors that do not have worker's compensation coverage or a
valid State of Florida exemption on file with the Department of Labor, as required by
Florida Statutes, Chapter 440. In the event that the Contractor is no longer exempt
from obtaining Worker's Compensation insurance, the Contractor must notify the City
of Miami Beach and provide the necessary certificate of insurance upon the
termination of the exemption. The employer's liability portion will be
$500,000/$500,000/$500,000 as a minimum.
The insurance must be furnished by insurance companies authorized to do business in the
State of Florida. All insurance policies must be issued by companies 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.
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All of Contractor's certificates shall contain endorsements providing that written notice shall
be given to. the City at least thirty (30) days prior to termination, cancellation or reduction in
coverage in the policy. The insurance certificates for General Liability shall include the City
as an additional insured and shall contain a waiver of subrogation endorsement.
Original certificates of insurance must be submitted to the City's Risk Manager for approval
(prior to any work and/or services commencing) and will be kept on file in the Office of the
Risk Manager. The City shall have the right to obtain from the Contractor specimen copies of
the insurance policies in the event that submitted certificates of insurance are inadequate to
ascertain compliance with required coverage.
The Contractor is also solely responsible for obtaining and submitting all insurance
certificates for any sub-contractors.
Compliance with the foregoing requirements shall not relieve the Contractor of the liabilities
and obligations under this Section or under any other portion of this Agreement.
Failure by Contractor to comply with Section 6.2 shall be a material breach of this Contract.
The City will not disburse any funds under this Agreement until all required Certificates of
Insurance have been provided to and have been approved by the City's Risk Manager.
The Contractor shall not commence any work and or services pursuant to this Agreement
until all insurance required under this Section has been obtained and such insurance has
been approved by the City's Risk Manager.
Contractor and or Contractor's insurance agent, as applicable, shall notify the City, in writing,
of any material changes in insurance coverage, including, but not limited to, any renewals of
existing insurance policies, not later than thirty (30) days prior to the effective date of making
any material changes to the insurance coverage except for ten (10) days for lack of payment
changes. Contractor shall be responsible for ensuring that all applicable insurance is
maintained and submitted to the City for the duration of this Agreement. In the event of any
change in Contractor's Scope of Services, as set forth in Exhibit "A", the City may increase,
waive,-or modify in writing any of the foregoing insurance requirements. Any request by a
Contractor to decrease, waive, or modify any of the foregoing insurance requirements must
be approved, in writing, by the City prior to any such decrease, waiver, or modification. In the
event that an insurance policy is canceled, lapsed, or expired during the effective period of
this Agreement, the City shall withhold all payments to Contractor until a new Certificate of
Insurance required under this section is submitted and approved by the City. The new
insurance policy shall cover the time period commencing from the date of cancellation of the
prior insurance policy. The City may require Contractor to furnish additional and different
insurance coverage, or both, as may be required from time to time under applicable federal
or state laws or the City requirements. Provision of insurance by Contractor, in no instance,
shall be deemed to be a release, limitation, or waiver of any claim, cause of action or
assessment that the City may have against Contractor for any liability of any nature related to
performance under this Agreement or otherwise. All insurance required hereunder may be
maintained by Contractor pursuant to a master or blanket policy or policies of insurance.
SECTION 7
LITIGATION JURISDICTION/VENUE/JURY TRIAL WAIVER
This Agreement shall be construed in accordance with the laws of the State of Florida. This
Agreement shall be enforceable in Miami-Dade County, Florida, and if legal action is
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necessary by either party with respect to the enforcement of any or all of the terms or
conditions herein, exclusive venue for the enforcement of 'same shall lie in Miami-Dade
County, Florida. By entering into this Agreement, Contractor and the City expressly waive
any rights either party may have to a trial by jury of any civil litigation related to or arising out
of this Agreement.
SECTION 8
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
$10,000.00. Contractor hereby expresses its willingness to enter into this Agreement with
Contractor's recovery from the City for any damage action for breach of contract to be
limited to a maximum amount of$10,000.00.
Accordingly, and notwithstanding any other term or condition of this Agreement, Contractor
hereby agrees that the City shall not be liable to the Contractor for damages in an amount
in excess of the sum of$10,000.00.
Nothing contained in this section or elsewhere in this Agreement is in any way intended to
be a waiver of the limitation placed upon the City's liability, as set forth in Section 768.28,
Florida Statutes.
SECTION 9
DUTY OF CARE/COMPLIANCE WITH APPLICABLE LAWS/PATENT RIGHTS;
COPYRIGHT; AND CONFIDENTIAL FINDINGS
9.1 DUTY OF CARE
With respect to the performance of the work and/or service contemplated herein, Contractor
shall exercise that degree of skill, care, efficiency and diligence normally exercised by
reasonable persons and/or recognized professionals with respect to the performance of
comparable work and/or services.
9.2 COMPLIANCE WITH APPLICABLE LAWS
In its performance of the work and/or services, Contractor shall comply with all applicable
laws, ordinances, and regulations of the City, Miami-Dade County, the State of Florida, and
the federal government, as applicable.
9.3 PATENT RIGHTS; COPYRIGHT; CONFIDENTIAL FINDINGS
Any work product arising out of this Agreement, as well as all information specifications,
processes, data and findings, are intended to be the property of the City and shall not
otherwise be made public and/or disseminated by Contractor, without the prior written
consent of the City Manager, excepting any information, records etc. which are required to
be disclosed pursuant to Court Order and/or Florida Public Records Law.
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All reports, documents, articles, devices, and/or work produced in whole or in part under this
Agreement are intended to be the sole and exclusive property of the City, and shall not be
subject to any application for copyright or patent by or on behalf of the Contractor or its
employees or sub-contractors, without the prior written consent of the City Manager.
SECTION 10
GENERAL PROVISIONS
10.1 AUDIT AND INSPECTIONS
Upon reasonable verbal or written notice to Contractor, and at any time during normal
business hours (i.e., ?AM — 5PM, Monday through Fridays, excluding nationally recognized
holidays), and as often as the City Manager may, in his/her reasonable discretion and
judgment, deem necessary, there shall be made available to the City Manager, and/or such
representatives as the City Manager may deem to act on the City's behalf, to audit,
examine, and/or inspect, any and all other documents and/or records relating to all matters
covered by this Agreement, including Contractor's financial records. Contractor shall
maintain any and all such records at its place of business at the address set forth in the
"Notices" section of this Agreement. Contractor agrees to submit its agency financial audit
to the City within 30 days of completion, at least once during the Term of this Agreement.
10.2 [INTENTIONALLY DELETETD]
10.3 ASSIGNMENT. TRANSFER OR SUBCONSULTING
Contractor shall not subcontract, assign, or transfer all or any portion of any work and/or
service under this Agreement without the prior written consent of the City Manager, which
consent, if given at all, shall be in the Manager's sole judgment and discretion. Neither this
Agreement, nor any term or provision hereof, or right hereunder, shall be assignable unless
as approved pursuant to this Section, and any attempt to make such assignment (unless
approved) shall be void.
Contractor shall be responsible for all Services performed, and all expenses incurred, under
this Agreement, including services provided and expenses incurred by any and all
subcontractors. The City shall not be liable to any subcontractor for any expenses or
liabilities incurred under any subcontract. Contractor shall be solely liable for any expenses
or liabilities incurred under any subcontract. Contractor shall hold harmless and defend, at
Contractor's expense, the City against any claims, demands or actions related to any
subcontract.
10.4 NON-DISCRIMINATION
In connection with the performance of the Services, the Contractor shall not exclude from
participation in, deny the benefits of, or subject to discrimination anyone on the grounds of
race, color, national origin, sex, age, disability, religion, income or family status.
Additionally, Contractor shall comply fully with the City of Miami Beach Human Rights
Ordinance, codified in Chapter 62 of the City Code, as may be amended from time to time,
prohibiting discrimination in employment, housing, public accommodations, and public
services on account of actual or perceived race, color, national origin, religion, sex,
intersexuality, gender identity, sexual orientation, marital and familial status, age, disability,
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ancestry, height, weight, domestic partner status, labor organization membership, familial
situation, or political affiliation.
10.5 CONFLICT OF INTEREST
The Contractor herein agrees to adhere to and be governed by all applicable Miami-Dade
County Conflict of Interest Ordinances and ethics provisions, as set forth in the Miami-Dade
County Code, and as may be amended from time to time; and by the City of Miami Beach
Charter and Code (as may be amended from time to time); both of which are incorporated
by reference herein as if fully set forth herein.
The Contractor covenants that it presently has no interest and shall not acquire any
interest, direct or indirectly, which could conflict in any manner or degree with the
performance of the Services. The Contractor further covenants that in the performance of
this Agreement, Contractor shall not employ any person having such interest. No member
of or delegate to the Congress of the United States shall be admitted to any share or part of
this Agreement or to any benefits arising there from.
SECTION 11
NOTICES
All notices and communications in writing required or permitted hereunder, shall be
delivered personally to the representatives of the Contractor and the City listed below or
may be mailed by U.S. Certified Mail, return receipt requested, postage prepaid, or by a
nationally recognized overnight delivery service.
Until changed by notice in writing, all such notices and communications shall be addressed
as follows:
TO CONTRACTOR: H.O.P.E in Miami-Dade, Inc.
Attn: Pedro A. Martinez, Chief Executive Officer
50 Biscayne Boulevard, 1806
Miami, Florida 33132
305-785-3580
TO CITY: City of Miami Beach
Office of Housing and Community Services
Attn: Maria L. Ruiz, Department Director
1700 Convention Center Drive
Miami Beach, Florida 33139
(305) 673-7491
Notice may also be provided to any other address designated by the party to receive notice if
such alternate address is provided via U.S. certified mail, return receipt requested, hand
delivered, or by overnight delivery. In the event an alternate notice address is properly provided,
notice shall be sent to such alternate address in addition to any other address which notice
would otherwise be sent, unless other delivery instruction as specifically provided for by the
party entitled to notice.
Notice shall be deemed given on the day on which personally served, or the day of receipt by
either U.S. certified mail or overnight delivery.
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SECTION 12
MISCELLANEOUS PROVISIONS
12.1 CHANGES AND ADDITIONS
This Agreement cannot be modified or amended without the express written consent of the
parties. No modification, amendment, or alteration of the terms or conditions contained herein
shall be effective unless contained in a written document executed with the same formality
and of equal dignity herewith.
12.2 SEVERABILITY
If any term or provision of this Agreement is held invalid or unenforceable, the remainder of
this Agreement shall not be affected and every other term and provision of this Agreement
shall be valid and be enforced to the fullest extent permitted by law.
12.3 ENTIRETY OF AGREEMENT
The City and Contractor agree that this is the entire Agreement between the parties. This
Agreement supersedes all prior negotiations, correspondence, conversations, agreements or
understandings applicable to the matters contained herein, and there are no commitments,
agreements or understandings concerning the subject matter of this Agreement that are not
contained in this document. Title and paragraph headings are for convenient reference and
are not intended to confer any rights or obligations upon the parties to this Agreement.
12.4 CONTRACTOR'S COMPLIANCE WITH FLORIDA PUBLIC RECORDS LAW
(A) Contractor shall comply with Florida Public Records law under Chapter 119, Florida
Statutes, as may be amended from time to time.
(B) The term "public records" shall have the meaning set forth in Section 119.011(12),
which means all documents, papers, letters, maps, books, tapes, photographs, films,
sound recordings, data processing software, or other material, regardless of the
physical form, characteristics, or means of transmission, made or received pursuant
to law or ordinance or in connection with the transaction of official business of the
City.
(C) Pursuant to Section 119.0701 of the Florida Statutes, if the Contractor meets the
definition of"Contractor" as defined in Section 119.0701(1)(a), the Contractor shall:
(1) Keep and maintain public records required by the City to perform the service;
(2) Upon request from the City's custodian of public records, provide the City with
a copy of the requested records or allow the records to be inspected or copied
within a reasonable time at a cost that does not exceed the cost provided in
Chapter 119, Florida Statutes or as otherwise provided by law;
(3) Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed, except as
authorized by law, for the duration of the contract term and following
completion of the Agreement if the Contractor does not transfer the records to
the City;
(4) Upon completion of the Agreement, transfer, at no cost to the City, all public
records in possession of the Contractor or keep and maintain public records
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required by the City to perform the service. If the Contractor transfers all public
records to the City upon completion of the Agreement, the Contractor shall
destroy any duplicate public records that are exempt or confidential and
exempt from public records disclosure requirements. If the Contractor keeps
and maintains public records upon completion of the Agreement, the
Contractor shall meet all applicable requirements for retaining public records.
All records stored electronically must be provided to the City, upon request
from the City's custodian of public records, in a format that is compatible with
the information technology systems of the City.
(D) REQUEST FOR RECORDS; NONCOMPLIANCE.
(1) A request to inspect or copy public records relating to the City's contract for
services must be made directly to the City. If the City does not possess the
requested records, the City shall immediately notify the Contractor of the
request, and the Contractor must provide the records to the City or allow the
records to be inspected or copied within a reasonable time.
(2) Contractor's failure to comply with the City's request for records shall
constitute a breach of this Agreement, and the City, at its sole discretion, may:
(1) unilaterally terminate the Agreement; (2) avail itself, of the remedies set
forth under the Agreement; and/or (3) avail itself of any available remedies at
law or in equity.
(3) A Contractor who fails to provide the public records to the City within a
reasonable time may be subject to penalties under s. 119.10.
(E) CIVIL ACTION.
(1) If a civil action is filed against a Contractor to compel production of public
records relating to the City's contract for services, the court shall assess and
award against the Contractor the reasonable costs of enforcement, including
reasonable attorney fees, if:
a. The court determines that the Contractor unlawfully refused to comply
with the public records request within a reasonable time; and
b. At least 8 business days before filing the action, the plaintiff provided
written notice of the public records request, including a statement that the
Contractor has not complied with the request, to the City and to the
Contractor.
(2) A notice complies with subparagraph (1)(b) if it is sent to the City's custodian
of public records and to the Contractor at the Contractor's address listed on its
contract with the City or to the Contractor's registered agent. Such notices
must be sent by common carrier delivery service or by registered, Global
Express Guaranteed, or certified mail, with postage or shipping paid by the
sender and with evidence of delivery, which may be in an electronic format.
(3) A Contractor who complies with a public records request within 8 business
days after the notice is sent is not liable for the reasonable costs of
enforcement.
(F) IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO
THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS AGREEMENT, CONTACT THE
CUSTODIAN OF PUBLIC RECORDS AT:
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CITY OF MIAMI BEACH
ATTENTION: RAFAEL E. GRANADO, CITY CLERK
1700 CONVENTION CENTER DRIVE
MIAMI BEACH, FLORIDA 33139
E-MAIL: RAFAELGRANADOca MIAMIBEACHFL.GOV
PHONE: 305-673-7411
12.5 INTENTIONALLY DELETED1
12.6 CONFIDENTIALITY
Contractor and the City understand that during the course of performing the Services
hereunder, each party may have access to certain confidential and proprietary information
and materials of the other party in order to further performance of the Services. The parties
shall protect confidential information and comply with applicable federal and state laws on
confidentiality to prevent unauthorized use, dissemination or publication of confidential
information as each party uses to protect its own confidential information in a like manner.
The parties shall not disclose confidential information to any third party (except that such
information may be disclosed to such party's attorneys), or to any employee of such party
who does not have a need to know such information, which need is related to performance of
a responsibility hereunder. However, this Agreement imposes no obligation upon the parties
with respect to confidential information which (a) was lawfully known to the receiving party
before receipt from the other, (b) is or becomes a matter of public knowledge through no fault
of the receiving party, (c) is rightfully received by the receiving party from a third party without
restriction on disclosure, (d) is independently developed by or for that party, (e) is disclosed
under operation of law, (f) is disclosed by the receiving party with the other party's prior
written approval, or (g) is subject to disclosure pursuant to Public Records Laws including,
without limitation, Chapter 119 of the Florida Statutes or is otherwise required to be disclosed
by law. The confidentiality provision of this Agreement shall remain in full force and effect
after the termination of this Agreement.
12.7 DATA SECURITY OBLIGATION
Contractor shall maintain an appropriate level of data security for the personally identifiable
information (PII) which Contractor is collecting or using in the performance of this Agreement.
PII is information that can uniquely identify, contact, or locate a single person or can be used
with other sources to uniquely identify individuals. Contractor shall maintain and adhere to a
written Data Security Policy that addresses requirements regarding the protection of PII from
unauthorized access and protection against data breaches, and ensures Contractor is in
compliance with applicable federal and state standards with respect to transmission, receipt
and storage of PII on Contractor's computing network and as paper records. This policy shall
address the topics of computer passwords, screensavers that lock computers, securing
physical facilities, storing data, data use, data confidentiality agreements, and staff training
related to the policy. Additionally, Contractor is responsible for approving and tracking all
Contractor employees who request system or information access and ensuring that user
access has been removed from all terminated employees of Contractor. All employees and
independent contractors performing work or duties related to this Agreement will sign a Data
12
Confidentiality Agreement prior to beginning work related to this Agreement. Contractor must
also abide by all requirements to protect client protected PII.
12.8 'INTENTIONALLY DELETEDI
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.
13
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: CITY OF MIAMI BEACH, FLORIDA
,4401111111.
By:
afael . Granado, City Clerk' `�IIIIi `-i Gelber, Mayor
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1 Date .: ''�;t.'''"` -X
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FOR CONTRACTOR:
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' .O.P.E. IN MIAMI DADE, INC.
a Florida not-for-profit corporation
'moi 40/By: ee-dith a . i I' �/I
U e,SI Dv'A r 2 i 0 A. Miegr,N E?— LO IS C- ".:1t\1zRl.EzCC'c GVNR
Print Name/Title Print Name/Title 7
II (1115
Date
Corporate Seal
APPROVED AS TO
FORM & NGUAGE
F E ELUTION i (ti
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14 City Attorney lir
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EXHIBIT "A"
"SCOPE OF SERVICES"
Contractor staff must contact all clients referred by the City as related to this Agreement
within two (2) business days of referral. If clients are unresponsive, Contractor must notify
the City no later than (8) eight days after referral was made.
Contractor staff must advise the City of the status of all referrals for Services related to this
Agreement within five (5) business days of referral.
Contractor staff must advise the City of any changes to service delivery, including but not
limited to language barriers, capacity issues, client concerns, staff concerns, and scheduling
changes, immediately.
Service Units of Documentation of Service
Service
Employment 1,132 Completion and execution of the following documents:
Training/ hours
Homeless 1. Employee Timesheets (indicating work completed up
Outreach) Street to 32 hours per homeless client employed) -$16.90
Engagement p/hour
2. Homeless Field Contact Forms
Supervision of 1,000 Completion and execution of the following documents:
Employment hours
Training/ 1. Employee Timesheets ($31.99 p/hour)
Homeless
Outreach Street
Engagement
Provision of 208 Completion and execution of the following documents:
Reporting hours
Services for 1. Employee Timesheets ($29.42 p/hour)
Employment
Training/
Homeless
Outreach Street
Engagement
Provision of 38 Completion and execution of the following documents:
Uniforms for complete
Those Employed uniform 1. Documentation indicating receipt of the following:
in Employment sets a. One (1) pair of work pants
Training/ b. One (1) pair of dress pants
Homeless c. Two (2) work shirts
Outreach Street d. One (1) dress shirt
Engagement e. One (1) pair of work shoes
($144.73 p/outreach employee)
Provision of 610 Completion and execution of the following documents:
parking for
supervisors of 1. Parking receipts ($610.00 annual allowance)
Employment
15
Training/
Homeless
Outreach Street
Engagement
Provision of 304 Completion and execution of the following documents:
Check Issuance issued 1. Copy of the issued checks ($1.00 p/check issued)
for Employment checks
Training/
Homeless
Outreach Street
Engagement
Service Deliverables
Services must be delivered as follows:
.Service Unit of Service Service Location Timeframe
Employment Minimum of Two (2), City of Miami Beach Upon execution of
Training/ Four(4)-Hour Shifts agreement and by
Homeless Twice Weekly for 50 September 30, 2019.
Outreach Street Weeks
Engagement
Penalties for Failure to Perform
If the contractor fails on two occasions to submit required, accurate documentation in the
timeframe allotted, including the notification of absence email, the Contractor will forfeit two
(2%) percent of the combined billed total for the months in which inaccuracies took place.
Documents submitted within the required timeframe and found to be insufficient are subject
to penalties for failure to perform.
If the contractor fails on three occasions to submit required, accurate documentation in the
timeframe allotted within the contract Term, the Contractor is subject to termination of any
further service referrals, but Contractor will be allowed to complete the service units allotted
to existing clients. The decision to cease additional referrals rests is the sole discretion of the
City.
"Required, accurate documentation" may refer to:
• Monthly invoices
• Monthly receipts
• Monthly client lists
• Notification contact forms
• Any document required by this Agreement
If any individual employed by or independently contracted with the Contractor fails, on more
than one occasion, to attend a scheduled client meeting without notifying the City of an
impending absence, the City reserves the right to remove that individual from the
Contractor's staff roster for the purposes of this Contract.
If the Contractor is unable to fulfill the contracted service level within the allocated timeframe
for each service component, the City reserves the right to reduce service levels accordingly
across the funded service spectrum and terminate this Agreement at its discretion.
16
If the Contractor is unable to fulfill the contracted service level and the City subsequently
reduces service and funding levels, the City reserves the right to select another vendor to
fulfill the remaining service units. The City will select the alternate vendor at its sole
discretion.
Employee/ Contractor File Review
The following documentation must be included in the employee/contractor file for all
employees/contractors providing services under this contract.
The following must be included in the employee files:
• Employment Application
• Job Description Signed by Employee
• Confidentiality Agreement Re: Client Information
• Authorized time sheets, records, and attendance sheets to document the staff time
billed to provide Services pursuant to this Agreement
• Daily activity logs and monthly calendars of the provision of Services pursuant to this
Agreement
• 1-9 Verification on File
• Social Security Card
Monitoring visits shall take place within thirty (30) days of the commencement of services.
The City will provide the Contractor a minimum of two (2) business days' notice prior to .a
monitoring visit.
The City reserves the right to inspect employee/contractor files with due notice (at least forty-
eight (48) hours in advance of planned site visit) to ensure adherence to contractual
expectations.
Evaluation
In the continuing effort to ensure programming excellence, clients will be provided with
evaluation forms at the end of each programming component to gauge their satisfaction with
services provided. The evaluation forms will be provided by the City and will be administered
at the following times:
• Upon completion of first employment session
• Upon completion of final employment session
The City will conduct intermittent performance evaluations for the purpose of monitoring the
Contractor's performance. The City will conduct said evaluations utilizing a tool of its choice
and at its sole discretion.
Reporting Requirements
Each month, the Contractor will provide the City with a monthly progress report and
reimbursement request utilizing the City's Reporting and Reimbursement Forms (Exhibit B)
by 5:00 PM on the fifth (5th) of the following month. In the event that the fifth of the month
lands on a Saturday, Sunday or holiday, the report must be submitted the following business
day. Reports are due to the City on the following dates:
17
• Wednesday, December 5, 2018
• Monday, January 7, 2019
• Tuesday, February 5, 2019
• Tuesday, March 5, 2019
• Friday, April 5, 2019
• Monday, May 6, 2019
• Wednesday, June 5, 2019
• Friday, July 5, 2019
• Monday, August 5, 2019
• Thursday, September 5, 2019
• Monday, October 7, 2019
Monthly reports and reimbursement requests may be submitted via any of the following
methods:
• Electronic mail
• Standard mail
• Hand delivery
Monthly reports will not be considered acceptable unless the following is met:
• Forms are completely and accurately filled
• Necessary back-up materials are included (service documentation, sign-in sheets,
etc.)
• Reports bear the signature of the authorized agency representative submitting the
report on behalf of the Contractor
Monitoring & Performance Reviews
The City reserves the right to inspect, monitor and/or audit the Contractor to ensure
contractual compliance. This includes, but is not limited to:
• Review of on-site service delivery
• Inspection and review of budgetary and employee files (for those employees providing
services under this Agreement)
Promotion & Public Relations Requirements
The Contractor agrees to receive City of Miami Beach Homeless Outreach Program
Brochures and make them available to clients during all in-person client interactions.
Client Termination
Contractor staff must notify the Program Coordinator of employment client inactivity. If the
Contractor is not been able to reach a client, they must notify the Program Coordinator by the
eight (8) business day.
Additional Documentation
The following documentation must be submitted with thisexecuted agreement:
• All required insurance certificates
• Copy of most recent financial audit, as appropriate
18
• Copy of required business licenses and permits
• List of all members of Contractor's Board of Directors, if applicable
• Contractor's Board of Directors by-laws, if applicable
• Conflict of Interest policy
• Agency 990 Form
• Agency W-9 Form
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.
•
19
EXHIBIT "B"
INVOICING
The Contractor agrees to provide the invoicing and services documentation as indicated
utilizing the following forms attached herein:
• Monthly Service Summary Report, and
• Monthly Reimbursement Request
20
EXHIBIT "C"
ATTACHMENTS
The following reference documents are attached:
• Sample of Homeless Field Contact Form
21
H.O.P.E. in Miami-Dade, Inc. Project Budget
Training Program Services for
Sub-Recipient: City of Miami Beach/Homeless Outreach Team Project: Homeless clients-Budget
Please list all items that will be reimbursed by the City of Miami Beach.
Line Item Quantity Unit Cost Line Total
Personnel(Employees Only)-List Position Title
Outreach Supervisors-(Pedro and Luis) 1000 $ 31.99 $ 31,990.00
Outreach Support-(Maria) 208 $ 29.42 $ 6,119.36
Outreach Staff 1132 $ 16.90 $ 19,130.80
Personnel Expenses-Category Totals $ 57,240.16
Operating Expenses-Category Totals
Uniforms 38 $ 144.73 $ 5,499.74
Checks 304 $ 1.00 $ 304.00
Parking $ 610.00
O.eratin• Expenses-Catego Totals $ 6,413.74
Capital/Equipment Costs
Capital/Equipment Costs-Category Totals $ -
Professional Services
Professional Services-Cate.o Totals $ -
Other Costs
Other Costs-Cate.o Totals
Pro'ect Total-All Categories $ 63,653.90
Invoice
HOPE IN MIAMIDADE, INC. Date:
Invoice#:
To: Nancy Grant
City of Miami Beach
1700 Convention Center Drive
Miami Beach,FL 33139
(305) 673-7260
Purchase Order Job Payment Terms Due Date
Training Program Services Due upon receipt 1
Qty Description Unit Price Line Total
111.111111111
11111111111.11
=N
111111111111
Unit price for all employees include all payroll taxes:
FICA/MICA,Reemployment Tax,Workers Compensation and Employee
Liability
1.1111.11111
Subtotal
Sales Taxi
TotallIMM
Make all checks payable to HOPE IN MIAMI DADE, INC.
Thank you for your business!
50 Biscayne Blvd, #1306 , Miami, FL 33132 (305)-785-3580
Monthly Service Summary
HOPE IN MIAMI DADE, INC.
Training Program Services Date:
FY 2018-2019 available employee hours: 1132
Hours Cornlpeted:
Employee Employment Obtained
Number Employee Name Hours Permanent
completed Employment
•- . HMIS#
Ap � ❑ HMIS
��„// I //_�\ Date: / / __ ❑ High-Intensity Engagement List
Time:_:_ AM❑ PM❑ 0 Hope Exists
First Name Last Name
Date of BirthOver 62 Head of Gender: Race Ethnicity
Des Household ❑M ❑F ❑T ❑White ❑Black In Hisp ❑ N/Hisp ❑Other
❑Yes
❑No ❑No
Legal Status Veteran's Status Discharge Status
Client
Info ❑US Citizen ❑US Resident ❑Other ❑Yes ❑No ['Honorable ❑Other/UK
Social Security:
Marital Status Companion Companion Name
❑Single ❑Married ❑Divorced ❑Other ❑Yes ❑No
Last City of Legal Residence Last Date There Arrived in Miami Beach Where do you most often sleep?
/ / / /
Employed Disability Benefits SNAPS Benefits(Stamps) Retirement Benefits/Pension Benefits
❑Yes ❑No ❑Looking ❑Yes ❑No ❑Yes ❑No ❑Yes ❑No
Cell Phone Email Address Alternate Contact
How long have you been living in Miami Beach? Are you currently homeless because of an event or by choice?
Days: Months: Years: Event Choice
Location Location/Address
❑Public Space/Park ❑Right-of-Way ❑Private Property
Appearance Possessions
❑Clean Clothing/Kempt ❑Unkempt/Improperly Dress ❑Luggage/Bags ❑None ❑Unknown
Demeanor
❑Responsive/Sober ❑Responsive/Inebriated ❑Non-responsive/Inebriated ❑8-10 AM
Contact Last Meal Eaten: / / _ Consumed Alcohol Last 24 Hours? ❑YES ❑NO
& Services:
Service Is client open to engagement? ❑Yes ❑No Notes:
Needs Has client expressed interest in shelter? ❑Yes ❑No
Does client need ID services? ❑Yes ❑No
Is client interested in relocating/reuniting with family? ❑Yes ❑No
Is client interested in seeking employment? ❑Yes ❑No
Would client like to see a doctor? ❑Yes ❑No
Does client want to contact family/friend? ❑Yes ❑No
Is client interested in a ALF(Assisted Living Facility)? ❑Yes ❑No
Concerns: Mental Health: Have you been diagnosed with any of the following?
Mental ❑Schizophrenia Li Bipolar Disorder ❑Depression ❑Anxiety ❑Psychotic Other:
Physical Disorder Disorder
0 Panic Disorder ❑ADD/ADHD ❑Multiple ❑Obsessive ❑Post Traumatic
Personality Compulsive Stress Disorder
Physical ❑On Wheelchair ❑Amputee Leg ❑Cancer ❑Heart Condition ❑Seizures
Concerns: ElOn Walker ❑Amputee Arm ❑Hepatitis C ❑Lung Condition ❑Head Trauma
❑On Cane ❑Toes or Fingers ❑HIV/AIDS ❑Emphysema ❑Diabetes
Follow-up Do you take prescription medication ❑Yes ❑No
Actions If yes,do you have it with you ❑Yes ❑No
and Client is refusing services at this time, but was provided information on services and supports?❑
Notes Client will come to the office 0 Client has accepted,services and is being transported to the office❑
C a y
Acknowledgement of Contact & Review of Eligible Services
This is to certify that I, , have been contacted by the City of Miami
Beach Homeless Outreach Team. While I am unwilling to accept shelter services at this time, I would like for
City staff to evaluate what community resources exist for me including housing and employment. I hereby
provide expressed consent for the City to conduct an assessment of community resources on my behalf
(including the benefits I may be entitled to) and a criminal background review in anticipation of a housing
referral.
Client Signature/Date Staff/Date
❑ Housing referrals cannot be obtained without expressed consent by the client.
Refusal of Services
This is to certify that I, , have been offered services by the City of
Miami Beach Homeless Outreach Team to address my personal homelessness. However, I am exercising my
right to decline services offered to me at this time. I have been provided with contact information should I
choose to pursue services from the City in the future.
Client Signature/Date Staff/Date
O Clients may refuse to sign.A verbal refusal can be accepted by City staff.
Office Use Only
Client's Reason for Refusal:
O Has a place to stay O Does not want to go to shelter
O Refuses treatment O Refuses mental health evaluation
O Wishes to remain homeless/Doesn't need help
Referrals Identified and Requiring Office Follow-up:
❑ Shelter(Client has ID) ❑ Shelter(Client has no ID)
❑ Medical Health Screening/Services ❑ Mental Health Screening/Services
(Specify Conditions) (Specify Conditions)
❑ Addiction Treatment ❑ Employment
❑ Food: Immediate ❑ Food: SNAP
❑ ID: Birth Certificate 0 ID: State-Issued Photo ID
❑ Transportation 0 Relocation/Family Reunification Services
❑ Other: ❑ Other: