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Amendment NO.1 Pro Service Agreement w/ CAMILLUS HOUSE, INC. for EMERGENCY SHELTER SERVICES DocuSign Envelope ID:D001600E-2A4C-4CDB-9C92-9909D1 DD789B 2o11 — 3 0Q-ocs AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICE AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND CAMILLUS HOUSE, INC. FOR EMERGENCY SHELTER SERVICES This Amendment No. 1 (Amendment) to the Agreement (Agreement), dated March 9, 2018, is entered into this 10 day of November , 2020 (Effective Date), by and between the CITY OF MIAMI BEACH, FLORIDA, a municipal corporation organized and existing under the laws of the State of Florida, having its principal place of business at 1700 Convention Center Drive, Miami Beach, Florida 33139 (City), and CAMILLUS HOUSE, INC., a Florida corporation, having its principle place of business at 1603 NW 7 Avenue, Miami, FL. 33136 (Contractor). RECITALS WHEREAS, on September 25, 2017, the Mayor and City Commission adopted Resolution No. 2017-30000, approving the award of Request for Proposal ("RFP") No. 2017-293-KB for emergency shelter beds to serve homeless population; and WHEREAS, on March 21, 2018, the City and Consultant executed the Agreement; and WHEREAS, the Agreement included an initial term of five (5) years, with the option to renew for two (2) two-year renewal terms at the City Manager's sole option and discretion; and WHEREAS, Section 3.1 of the Agreement established the following: Year 1 - $26.35 per bed, for a minimum of 12 beds not to exceed $198,126.65 Year 2 -$27.14 per bed, for a minimum of 12 beds not to exceed $204,069.42 Year 3 -$27.95 per bed, fora minimum of 12 beds not to exceed $210,191.35 Year 4 - $28.79 per bed, for a minimum of 12 beds not to exceed $216,497.25 Year 5 -$29.66 per bed, for a minimum of 12 beds not to exceed $222,992.16 WHEREAS, the City may require a greater amount of beds per year than was originally anticipated if it is to effectively manage the rise in demand for said beds; and WHEREAS, even though Resolution No. 2017-30000 did not stipulate a "not-to-exceed" amount, the contract inadvertently incorporated the above referenced not to exceed amounts; and WHEREAS, due to the expenditure cap, the Office of Housing and Community Development is unable to secure additional beds; and WHEREAS, although the RFP stipulated a two (2), two-year renewal terms, Section 4.2 of the Agreement inadvertently states two (2), one-year renewal terms; and DocuSign Envelope ID:D001600E-2A4C-4CDB-9C92-9909D1DD789B NOW THEREFORE, in consideration of the mutual promises and conditions contained herein, and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the City and Consultant hereby agree to amend the Agreement as follows: 1. ABOVE RECITALS. The above recitals are true and correct and are incorporated as part of this Amendment. 2. MODIFICATIONS. The Agreement is hereby modified (deleted items struck through and inserted items underlined) as follows: (a) Section 3.1 of the Agreement is hereby modified to read as follows: For the term of this Agreement, the City agrees to pay a fixed fee of$26.35 per bed, per day, fora minimum of twelve (12) beds, - • - - - - - - ---_ ' -- - - • - "e - wear for year one of this Agreement , to be used by Consultant to provide Emergency Shelter Services (such Services as set forth in Exhibit "A" and "B" hereto), In Year Two , the fixed fee shall be $27.14 per bed, per day, for a minimum of twelve (12) beds, in an Cents ($201,069.42). In Year Thee, the fixed fee shall be $27.95 per bed, per day, for a minimum of twelve (12) beds '• - - -- - - - ---- 0 - — - • -- - - • - - - •One Hundred Ninety One Dollars and Fifty One Cents ($210,191.51). In Year Four, the fixed fee shall be$28.79 per bed, per day,for a minimum of twelve(12) beds, in amount Twenty Five Cents ($216,197.25). In Year Five, the fixed fee shall be $29.66 per bed, per day, fora minimum of twelve (12) beds, '• _ - -- - - - ---- - - - - -- -- (b) Section 4.2 of the Agreement is hereby modified to read as follows: The term of this Agreement shall commence upon execution of this Agreement by all parties hereto, as set forth in the Effective Date on page 1 hereof, and shall continue, for five (5) years, unless otherwise terminated by the City. The term of this Agreement can be extended for two (2) additional, one (1) two (2) year terms with the approval of the City Manager. 1. RATIFICATION. Except as amended herein, all other terms and conditions of the Agreement shall remain unchanged and in full force and effect. In the event there is a conflict between the provisions of this Amendment and the Agreement, the provisions of this Amendment shall govern. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK. DocuSign Envelope ID:D001600E-2A4C-4CDB-9C92-9909D1DD789B IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed by their appropriate officials, as of the date first entered above. FOR CITY: CITY OF MIAMI BEACH, FLORIDA ATTEST: p-DocuSigned by: DocuSigned by: animal) 54041 ko ra.(.t s By: krifigitraWnado, City Clerk Jimmy't=:1 orales, City Manager 11/10/2020 14:33 EST Date APPROVED AS TO FORM Er LANGUAGE Et FOR EXECUTION City Attorney lIitr Date FOR CONSULTANT/CONTRACTOR: CAMILLUS HOUSE, INC ATTEST: By: Z.LU tJlx, / S cretary Pres dent '31)1.446r-v1/4-9--- �.G}A'�� n1,o0Ra- Hilda M. Fernandez PrintlNamne Print Name I I 2 ZaZo Date F:ATTO/TORG\GISELA\FORMS\AMENDMENTS\AMENDMENTTEMPLATE DocuSign Envelope ID:D00160OF-2A4C-4CDB-9C92-9909D1 DD789B AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND CAMILLUS HOUSE INC FOR EMERGENCY SHELTER SERVICES THIS AGREEMENT made and entered into this 01443 rck n512 by and between the CITY OF MIAMI BEACH, FLORIDA, a Florida municipal corporation (hereinafter referred to as City), having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida, 33139, and CAMILLIUS HOUSE INC., a Florida corporation (hereinafter referred to as Contractor), whose address is 1603 NW 7111 Avenue, Miami, Florida, 33136. SECTION 1 1.1 DEFINITIONS Agreement: This Agreement between the City and Contractor, and any exhibits and/or attachments hereto. City Manager: The Chief Administrative Officer of the City. Contractor: For the purposes of this Agreement, Contractor shall be deemed to be an independent contractor, and not an agent or employee of the City. Services: All services, work and actions by the Contractor performed pursuant to or undertaken under this Agreement, as described in Section 2 and Exhibit"A" hereto. Fee (Compensation): Amount paid to the Contractor to cover the costs of the Services. Risk Manager: The Risk Manager of the City, with offices at 1700 Convention Center Drive, Third Floor, Miami Beach, Florida 33139, telephone number (305) 673-7000, Ext. 6435, and fax number (305) 673-7023. City of Miami Beach-Camillus House Page 1 DocuSign Envelope ID:D001600E-2A4C-4CDB-9092-9909D1 DD789B SECTION 2 SCOPE OF WORK (SERVICES) The scope of work to be performed by Contractor is set forth in Exhibit "A," and "B", each entitled "Scope of Services" and "Service Deliverables". SECTION 3 COMPENSATION 3.1 FIXED FEE For the term of this Agreement, the City agrees to pay a fixed fee of $26.35 per bed, per day, for a minimum of twelve (12) beds, in an amount not to exceed One Hundred Ninety-Eight Thousand One Hundred Twenty-Five Dollars and Sixty-Five Cents ($198,125.65) per year for Year One of this Agreement, to be used by Contractor to provide Emergency Shelter Services (such Services as set forth in Exhibit "A" and "B" hereto). In Year Two, the fixed fee shall be $27.14 per bed, per day, for a minimum of Twelve (12) beds, in an amount not to exceed Two Hundred Four Thousand Sixty-Nine Dollars and Forty-Two Cents ($204,069.42). In Year Three, the fixed fee shall be $27.95 per bed, per day, for a minimum of twelve (12) beds, in an amount not to exceed Two Hundred Ten Thousand One Hundred Ninety-One Dollars and Fifty-One Cents ($210,191.51). In Year Four, the fixed fee shall be $28.79 per bed, per day, for a minimum of twelve (12) beds, in an amount not to exceed Two Hundred Sixteen Thousand Four Hundred Ninety-Seven Dollars and Twenty-Five Cents ($216,497.25). In Year Five, the fixed fee shall be $29.66 per bed, per day, for a minimum of twelve (12) beds, in an amount not to exceed Two Hundred Twenty-Two Thousand Nine Hundred Ninety-Two Dollars and Sixteen Cents ($222,992.16): 3.2 INVOICING Contractor shall submit a monthly invoice, which includes a description of the Services provided including the number of beds provided and clients served. 3.3 METHOD OF PAYMENT Payments shall be made within forty-five (45) days of the date of invoice, in a manner satisfactory to and as approved and received by the City. Contractor shall mail all invoices to: City of Miami Beach Office of Housing & Community Services Attention: Maria L. Ruiz 1700 Convention Center Drive Miami Beach, Florida 33139 City of Miami Beach-Camillus House Page 2 DocuSign Envelope ID:D001600E-2A4C-4CDB-9C92-9909D1 DD789B SECTION 4 GENERAL PROVISIONS 4.1 RESPONSIBILITY OF THE CONTRACTOR With respect to the performance of the Services, the Contractor shall exercise that degree of skill, care, .efficiency and diligence normally exercised by recognized professionals with respect to the performance of comparable services. In its performance of the Services, the Contractor shall comply with all applicable laws, ordinances, and regulations of the City, Miami-Dade County, the State of Florida, and the federal government, as applicable. 4.2 DURATION AND EXTENT OF AGREEMENT (TERM) The term of this Agreement shall commence upon execution of this Agreement by all parties hereto, as set forth in the Effective Date on page 1 hereof, and • shall continue, for five (5) years, unless otherwise terminated by the City. The terms of this agreement can be extended for an additional two (2), one (1) year terms with the approval of the City Manager. 4.3 TIME OF COMMENCEMENT OF SERVICES The Services to be rendered by the Contractor shall be commenced upon receipt of a written Notice to Proceed from the City subsequent to execution of the Agreement by the parties. 4.4 INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City of Miami Beach and its officers, employees and agents, from and against any and all actions, claims, liabilities, losses, and expenses, including, but not limited to, attorneys' fees, for personal, economic or bodily injury, wrongful death, loss of or damage to property, at law or in equity, which may arise or be alleged to have arisen from the negligent acts, errors, omissions or other wrongful conduct of the Contractor, its employees, agents, sub-consultants, or any other person or entity acting under Consultant's control, in connection with the Contractor's performance of the Services pursuant to this Agreement; and to that extent, the Contractor shall,pay all such claims and losses and shall pay all such costs and judgments which may issue from any lawsuit arising from such claims and losses, and shall pay all costs and attorneys' fees expended by the City in the defense of such claims and losses, including appeals. The Contractor's obligation under this Subsection shall not include the obligation to indemnify the City of Miami Beach and its officers, employees and agents, from and against any actions or claims which arise or are alleged to have arisen from the grossly negligent or wrongful act or omission of the City and its officers, employees City of Miami Beach-Camillus House Page 3 DocuSign Envelope ID:0001600E-2A4C-4CDB-9C92-9909D1 DD789B and agents. The parties each agree to give the other party prompt notice of any claim coming to its knowledge that in any way directly or indirectly affects the other party. 4.5 TERMINATION, SUSPENSION AND SANCTIONS 4.5.1 Termination for Cause If the Contractor shall fail to fulfill in a timely manner, or otherwise violate any of the covenants, agreements, or stipulations material to this Agreement, the City shall thereupon have the right to terminate the Services then remaining to be performed. Prior to exercising its option to terminate for cause, the City shall notify the Contractor of its violation of the particular terms of this Agreement and shall grant Contractor seven (7) days to cure such default. If such default remains uncured after seven (7) days, the City, upon three (3) days' notice to Contractor, may terminate this Agreement and the City shall be fully discharged • from any and all liabilities, duties and terms arising out of/or by virtue of this Agreement. Notwithstanding the foregoing, if the default is of a nature that cannot be cured, such as perpetrating a fraud or making a material misrepresentation in connection with the performance of this Agreement, the termination shall be effective upon receipt of the termination notice and no cure period shall apply. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City by any breach of the Agreement by the Contractor. The City, at its sole option and discretion, shall additionally be entitled to bring any and all legal/equitable actions that it deems to be in its best interest in order to enforce the City's right and remedies against the defaulting party. The City shall be entitled to recover all costs of such actions, including reasonable attorneys' fees. To the extent allowed by law, the defaulting party waives its right to jury trial and its right to bring permissive counter claims against the City in any such action. 4.5.2 Termination for Convenience of City NOTWITHSTANDING SECTION 4.5.1, THE CITY MAY ALSO, FOR ITS CONVENIENCE AND WITHOUT CAUSE, TERMINATE THIS AGREEMENT AT ANY TIME DURING THE TERM HEREOF BY GIVING WRITTEN NOTICE TO CONTRACTOR OF SUCH TERMINATION, WHICH SHALL BECOME EFFECTIVE THIRTY (30) DAYS FOLLOWING RECEIPT BY.THE CONSTRACTOR OF THE WRITTEN TERMINATION NOTICE. IN THAT EVENT, ANY FINISHED OR UNFINISHED DOCUMENTS AND OTHER MATERIALS PREPARED AND OR OTHERWISE COMPILED BY CONTRACTOR PURSUANT TO ITS PROVISION OF THE SERVICES City of Miami Beach-Camillus House Page 4 DocuSign Envelope ID:0001600E-2A4C-4CDB-9C92-9909D1 DD789B CONTEMPLATED IN SECTION 2, SHALL BE PROMPTLY ASSEMBLED AND DELIVERED TO THE CITY, AT CONTRACTOR SOLE COST AND EXPENSE. IF THE AGREEMENT IS TERMINATED BY THE CITY AS PROVIDED IN THIS SUBSECTION, CONTRACTOR SHALL BE PAID FOR ANY SERVICES SATISFACTORILY PERFORMED, AS DETERMINED BY THE CITY AT ITS SOLE DISCERTION, UP TO THE DATE OF TERMINATION; PROVIDED, HOWEVER, THAT AS A CONDITION PRECEDENT TO SUCH PAYMENT, CONTRACTOR SHALL HAVE DELIVERED ANY AND ALL DOCUMENTS, MATERIALS, ETC, TO CITY, AS REQUIRED HEREIN. 4.5.3 Termination for Insolvency The City also reserves the right to terminate the remaining Services to be performed in the event the Contractor is placed either in voluntary or involuntary bankruptcy or makes an assignment for the benefit of creditors. In such event, the right and obligations for the parties shall be the same as provided for in Section 4.6.2. 4.5.4 TERMINATION FOR LACK OF FUNDS It is expressly understood and agreed by the parties hereto that monies to be used by Contractor, as contemplated by this Agreement, may originate from City of Miami Beach Resort Tax, General Fund and/or Community Development Block Grant (CDBG) funds from the US Department of Housing and Urban Development (HUD) and must be implemented in full compliance with all of HUD's rules and regulations. It is expressly understood and agreed that in the event of curtailment or non-production of said federal grant funds, the financial sources necessary to continue to pay the Contractor all or any portions of the funds contemplated herein will not be available, and that this Agreement will thereby terminate effective as of the time that it is determined by the City, in its sole discretion and judgment, that said funds are no longer available. In the event of such determination, the Contractor agrees that it will not look to, nor seek to hold liable, the City nor any individual member of the City Commission and/or City Administration thereof personally for the performance of this Agreement and all of the parties hereto shall be released from further liability each to the other under the terms of this Agreement. In the event of such termination, the rights and obligations for the parties shall be the same as provided for in Section 4.5.2. 4.5.5 Sanctions for Noncompliance with Nondiscrimination Provisions In the event of the Contractor's noncompliance with the nondiscrimination provisions of this Agreement, as applicable, the City shall impose such sanctions as the City or the State of Florida may determine to be appropriate, including but not limited to, withholding of payments to the Contractor under the Agreement until the Contractor complies and/or cancellation, termination or City of Miami Beach—Camillus House Page 5 DocuSign Envelope ID:D001600E-2A4C-4CDB-9C92-9909D1DD789B suspension of the Services and/or the Agreement. In the event the City cancels or terminates the Services and/or the Agreement pursuant to this Subsection the rights and obligations of the parties shall be the same as provided in Section 4.5.2. 4.6 CHANGES AND ADDITIONS Any changes and additions to the terms of this Agreement shall be by a written amendment, signedby the duly authorized representatives of the City and Contractor. No alteration, change, or modification of the terms of this Agreement shall be valid unless amended in writing, signed by the parties hereto, and approved by the City. 4.7 RELIGIOUS ORGANIZATION OR OWNED PROPERTY As applicable, Emergency Shelter Grant funds may be used by religious organizations or on property owned by religious organizations only with the prior written approval from the City and only in accordance with requirements set in 24 CFR 576.23. 4.8 COMPLIANCE WITH LOCAL, STATE, AND FEDERAL REGULATIONS The Contractor agrees to comply with all applicable federal regulations as they may apply to program administration and to carry out each activity in compliance with the laws and regulations as described in 24 CFR 576, as same may be amendedfrom time to time. Additionally, the Contractor will comply with all state and local (City and County) laws and ordinances hereto applicable. It shall be Contractor's sole and absolute responsibility to continually familiarize itself with any and all applicable federal regulations, as well as any and all applicable state and local laws and ordinances. 4.9 CONFORMITY TO HUD REGULATIONS Section Deleted. 4.10 AUDIT AND INSPECTIONS With 24-hour written notice, the City and/or such representatives as the City may deem to act on its behalf, may, during normal business hours, audit, examine and make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. Contractor shall maintain any and all records necessary to document compliance with the provisions of this Agreement. City of Miami Beach-Camillus House Page 6 DocuSign Envelope ID:D001600E-2A4C-4CDB-9C92-9909D1DD789B 4.11 ASSIGNMENT, TRANSFER OR SUBCONTRACTING. The Contractor shall not subcontract, assign, or transfer any work under this Agreement without the prior written consent of the City. 4.12 SUB-CONTRACTORS The Contractor shall be liable for the Contractor's services, responsibilities and liabilities under this Agreement and the services, responsibilities and liabilities of sub-contractors, and any other person or entity acting under the direction or controls of the Contractor. When the term "Contractor" is used in this Agreement, it shall be deemed to include any sub-contractors and any other person or entity acting under the direction or control of Contractor. All sub-contractors must be approved of in writing prior to their engagement by Contractor. 4.13 EQUAL EMPLOYMENT OPPORTUNITY In connection with the performance of this Agreement, and only in accordance with applicable federal law, the Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, ancestry, sex, intersexuality, gender identity, sexual orientation, age, and national origin, place of birth, marital or familial status, or disability. The Contractor shall take affirmative action to ensure that applicants are employed and that employees are treated during their employment without regard to their race, color, religion, ancestry, sex, intersexuality, gender identity, sexual orientation, age, national origin, place of birth, marital or familial status, or disability, as applicable. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or termination; recruitment or recruitment advertising; layoff or termination; rates of pay, or other forms of compensation; and selection for training, including apprenticeship. 4.14 CONFLICT OF INTEREST The Contractor agrees to adhere to and be governed by the Metropolitan Miami-Dade County Conflict of Interest Ordinance.(No. 72-82), as amended; and by the City of Miami Beach Charter and Code, which are incorporated by reference herein as if fully set forth herein, in connection with the Agreement conditions hereunder. The Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirectly which should conflict in any manner or degree with the performance of the Services. The Contractor further covenants that in the performance of this Agreement, no person having any such interest shall knowingly be employed by the Contractor. No member of City of Miami Beach-Camillus House Page 7 DocuSign Envelope ID:D001600E-2A4C-4CDB-9C92-9909D1DD789B or delegate to the Congress of the United States shall be admitted to any share or part of this Agreement or to any benefits arising there from. • 4.15 PATENT RIGHTS; COPYRIGHTS; CONFIDENTIAL FINDINGS Any patentable result arising out of this Agreement, as well as all information, design specifications, processes, data and findings, shall be made available to the City for public use. No reports, other documents, articles or devices produced in whole or in part under this Agreement shall be the subject of any application for copyright or patent by or on behalf of the Contractor or its employees or subcontractors. 4.16 NOTICES All notices and communications relating to the day-to-day activities shall be exchanged between the Project Manager appointed by the Contractor and the Program Coordinator designated by the City. The Contractor's Project Manager and the City's Program Coordinator shall be designated promptly upon commencement of services. All other notices and communications in writing required or permitted hereunder may be delivered personally to the representatives of the Contractor and the City listed below or may be mailed by registered mail. Until changed by notice in writing, all such notices and communications shall be addressed as follows: TO CONTRACTOR: Camillus House, Inc. Attn: Hilda M. Fernandez, Executive Director 1603 NW 7th Avenue Miami, Florida 33136 (305) 374-1065 THE CITY: City of Miami Beach Attn: Kathie G. Brooks/Assistant City Manager 1700 Convention Center Drive Miami Beach, Florida 33139 (305) 673-7010 WITH COPIES TO: Office of Housing and Community Services Attn: Maria L. Ruiz, Director City of Miami Beach City of Miami Beach-Camillus House Page 8 Docusign Envelope ID:D001600E-2A4C-4CDB-9C92-9909D1DD789B 1700 Convention Center Drive Miami Beach, Florida 33139 4.17 LITIGATION JURISDICTION VENUE This Agreement shall be governed by, and construed in accordance with, the laws of the State of Florida, both substantive and remedial, without regard to principles of conflict of laws. The exclusive venue for any litigation arising out of the Agreement shall be Miami-Dade County, Florida, if in State court, and the U.S. District Court, Southern District of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT, CONTRACTOR AND CITY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OR ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT. 4.18 ENTIRETY OF AGREEMENT This writing and any exhibits and/or attachments incorporated (and/or otherwise referenced for incorporation) herein embody the entire Agreement and understanding between the parties hereto, and there are no other agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. 4.19 INSURANCE REQUIREMENTS The Contractor shall not commence any work and/or Services pursuant to this Agreement until all insurance required under this Section has been obtained and such insurance has been reviewed and approved by the City's Risk Manager. Contractor shall maintain and carry in full force during the term of this Agreement the following insurance: 1. Contractor General Liability, in the amount of$1,000,000, naming the City of Miami Beach, .Florida as an additional insured. 2. Workers Compensation & Employers Liability, as required pursuant to Florida Statutes. All insurance required hereunder must be furnished by insurance companies authorized to do business in the State of Florida. Original certificates of insurance for the above coverage must be submitted to the City's Risk Manager at the Office of the Risk Manager of the City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139. City of Miami Beach-Camillus House Page 9 DocuSign Envelope ID:D001600E-2A4C-4CDB-9C92-9909D1DD789B The Contractor is solely responsible for obtaining and submitting all insurance certificates for its sub-contractors. All insurance policies must be issued by companies authorized to do business under the laws of the State of Florida. The companies must be rated no less than "B+" as to management and not less than "Class VI" as to strength by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. Compliance with the foregoing requirements shall not relieve the Contractor of the liabilities and obligations under this Section or under any other portion of this Agreement, and the City shall have the right to obtain from the Contractor specimen copies of the insurance policies in the event that submitted certificates of insurance are inadequate to ascertain compliance with required overage. All of Contractor's certificates, as required in this Section 4.19 (1), shall contain endorsements providing that written notice shall be given to the City at least thirty (30) days prior to termination, cancellation or reduction in coverage in the policy. The insurance certificate for the General Liability shall reflect that the City is an additional insured. The Contractor shall not commence any work and/or Services pursuant to this Agreement until the City's Risk Manager has received, reviewed and approved, in writing, certificates of insurance showing that the requirements of this Section (in its entirety) have been met and provided for. 4.20 LIMITATION OF CITY'S LIABILITY The City desires to enter into this Agreement only if in so doing the City can place a limit on the City's liability for any cause of action for money damages due to an alleged breach by the City of this Agreement, so that its liability for any such breach never exceeds the sum of $1,000. Contractor hereby expresses its willingness to enter into this Agreement with Consultant's recovery from the City for any damage action for breach of contract to be limited to a maximum amount of$1,000. Accordingly, and notwithstanding any other term or condition of this Agreement, Contractor hereby agrees that the City shall not be liable to the Contractor for damages in an amount in excess of$1,000 for any action or claim for breach of contract arising out of the performance or non- performance of any obligations imposed upon the City by this Agreement. Nothing contained in this paragraph or elsewhere in this Agreement is in any way intended to be a waiver of the limitation placed upon the City's liability as set forth in Section 768.28, Florida Statutes. City of Miami Beach-Camillus House Page 10 DocuSign Envelope ID:D001600E-2A4C-4CDB-9C92-9909D1DD789B 4.21 CONSULTANT'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 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. (C) 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 City of Miami Beach-Camillus House Page 11 DocuSign Envelope ID:D001600E-2A4C-4CDB-9C92-9909D1DD789B 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 the 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. (D) 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 eight (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 eight (8) business days after the notice is sent is not liable for the reasonable costs of enforcement. (E) 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: CITY OF MIAMI BEACH ATTENTION: CITY CLERK 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 E-MAIL: RAFAELGRANADO@MIAMIBEACHFL.GOV PHONE: 305-673-7411 City of Miami Beach—Camillus House Page 12 DocuSign Envelope ID:0001600E-2A4C-4CDB-9C92-9909D100789B • IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first entered above. FOR CITY: CITY OF MIAMI BEACH, FLORIDA / ��.`eala.auu 3 c Ic 4,..:: :.............. .:71w _.._ .40 Rafael E. 'ado, City lerk C'� —%\10.0,7:.04Edibl , Mayor r :.l►ti ORATED. 0_fisr_• ; ,4 -1, • 0$- . CH2b• FOR CONTRACTOR: ATTEST: Camillus House, Inc. By. �I. H1 /'yPSGe f• By: Wilda. H Feaw'dz -, • •..._., :::312),,,t(acq /2,d/114-. --(// , i _ Secretary P sident I1O Date APP r 10 AS TO Fe,� OA GUAGE FO X. UTION rye- r JiiJ !ii‘i8prc ttorney i'1 ate City of Miami Beach-Camillus House Page 13 DocuSign Envelope ID:D001600E-2A4C-4CDB-9C92-9909D1DD789B EXHIBIT "A" "SCOPE OF SERVICES" The Contractor agrees to provide the following services to individuals and families referred for emergency shelter placement: Service Units of Service Documentation of Service Attendance Roster- Bed Roster Report 1 Report Daily received by 9am daily, excluding legal holidays Emergency Housing 12 beds per day, Attendance Roster 365 days per year Meals 3 meals per day/ Attendance Roster per client placed Care Plan Management Minimum of weekly Care Plan Progress Reports Care Plan conferences per client placed in shelter Case Review with City 1 Joint Meeting w/ Care Plan Progress Reports Staff City Staff Monthly Related Definitions: The City's goal is to reduce homelessness by providing emergency shelter to homeless persons as a means of transitioning them to stability and, ultimately, permanent housing. The City adheres to a strengths- based client engagement strategy that seeks to utilize a client's strengths to devise plans that incorporate these natural strengths to overcome existing service gaps or personal barriers. We seek to adhere to cultural competency standards and engage the client at his/her level of comprehension. In order to achieve this and ensure that finite public resources are used efficiently, the City will expect the following: Intake & Consent — The Intake provides prospective clients with an overview of shelter services and the benefits and expectations of program participation. Client consents required for program participation are executed by the City enabling the provision of further services by the City and Contractor. Assessment — An assessment documents the natural supports and needs of the client and his/her family. The assessment also indicates the client's number in the Homeless Management Information System (HMIS). Assessments must meet the following criteria: • Information collected is documented completely and accurately • Adherence to grammar and spelling rules for the English language City of Miami Beach-Camillus House Page 14 DocuSign Envelope ID:D001600E-2A4C-4CDB-9C92-9909D1DD789B • A sincere and thorough effort to understand the client, his/her family, and their respective strengths and needs • Effective engagement to ensure that the client and his/her family are informed regarding program services and expectations as well as the means/process by which to access additional services • All client and family needs have been identified and subsequently addressed via Referral Care Plan — The Care Plan outlines the specific strategies and steps to be taken by the client to address personal and family stability and the subsequent goal of obtaining permanent housing. The plan identifies the issues to be addressed and the respective community-based agencies or resources that will be harnessed in response. The Care Plan should evolve to guide clients to permanent housing and independent living. Care Plan Contact/Progress Update — A Care Plan Contact provides an opportunity to monitor the client's progress towards the goals identified via the Care Plan as well as to identify any new concerns or issues that require address through referral. A Care Plan Contact is conducted in person. The contact will document following minimum criteria: • Progress on the Care Plan is reviewed and documented • The identification of any additional needs or issues affecting school attendance were discussed and, when appropriate, referrals were subsequently issued Care Plan Contacts are to take place within the following timeframes: • Care Plan Contact#1:Three business (3) days of shelter placement • Care Plan Contact#2 and forward:Weekly Care Plan Close-Out—The Care Plan Close-Out documents the client's successful completion of all items and strategies identified in the Care Plan. Conversely, failure to complete the Care Plan should trigger a referral to an alternate program or exploration of alternate options for the client including termination. Clients are expected to demonstrate ongoing progress towards independence as a condition of program participation. A Care Plan Close-Out is conducted in person with the client. The contact will document following minimum criteria: • Completion of the Care Plan is reviewed and documented • Documentation of client destination (i.e. independent housing, supportive housing, other shelter, etc. Client Termination — The Contractor may terminate clients for failure to adhere to Care Plan goals and timelines as well as failure to adhere to shelter rules. The Contractor will notify the City in writing of any terminations and the reasons for such termination. City of Miami Beach-Camillus House Page 15 DocuSign Envelope ID:D001600E-2A4C-4CDB-9C92-9909D1DD789B Initial Care Plan — The City will provide an Initial Care Plan as part of the referral and placement process to shelter. This Plan, which the client consented to as a condition of accepting shelter, will identify the initial actions/goals a client must achieve to maintain shelter. Typically, this will include: • Adherence to shelter rules (including TB test) • Obligatory meetings with the on-site, assigned care manager • Application for eligible entitlements (including phone service) • Application for replacement identification documents (if applicable) • Sobriety supports (for those clients experiencing addiction) • Income generation The Initial Care Plan establishes the immediate, actionable steps that a client must take towards independence. These steps each have deadlines for completion. If a client fails to meet a deadline and the cause for this failure is his/her inaction, the client is subject to termination from the program. It should be underscored that the terms of shelter acceptance were stipulated in the Initial Care Plan. Any deviation or performance failure on the client's part is, therefore, a rejection of the shelter offer. Typically, the Initial Care Plan will provide tasks that keep the client engaged to outcomes-designed goals until the first full meeting with his/her assigned on-site care manager. The Contractor will grow and expand the Care Plan to reflect the evolving, emerging needs of the client as he/she makes progress towards independence. Referrals — Referrals address the identification of a specific client need and the subsequent identification of a community-based resource and/or strategy to address the need. Referrals must be provided for all service needs recognized in the intake and assessment and subsequent Care Plan Progress or client-initiated requests. Referrals must be issued with the following client-focused interests in mind: • Is the referral appropriate within the scope of the client's Care Plan? • Does the referral address the need identified? • Can the client access the services being sought via the referral? • Is the agency provided in the referral the most accessible, most appropriate provider for the services needed? • Is the referral culturally appropriate? • Does the client consent to receiving the referral? These referrals must be documented and included within the client's Care Plan. City of Miami Beach-Camillus House Page 16 DocuSign Envelope ID:D001600E-2A4C-4CDB-9C92-9909D1DD789B EXHIBIT "B" Service Deliverables Services must be delivered as follows: Care Plan Development While the Initial Care Plan gets a client to the shelter as a condition of accepting services, it will be the shelter provider's responsibility to amend the Care Plan to reflect the necessary, progressive steps leading to the client's eventual (and hopefully expeditious) transition to independent, permanent housing. This evolving Care Plan will address specific strategies and timelines to achieve the following: • Permanent, sustained source of income (enabling self-sustenance) • Permanent, sustainable housing (suitable and appropriate to client needs and income stability) • Natural supports (individual- and community-level engagements to eliminate social isolation and provide barriers to recidivism and a return to homelessness) • Medical supports (for those with either physical or medical conditions that can pose a risk factor for homelessness) • Sobriety supports (for those with addiction issues) such as Alcoholic Anonymous, etc. • Legal status advocacy (for those without established legal status; this may include the obtaining of a tax identification number along with a correlating, realistic action plan to meet all of the supports listed previously) • Adult education opportunities, such as General Education Development, English as a second language, and or technical education/certification, etc. • Community integration efforts, recreational activities within the community, church and faith support, volunteer opportunities, etc. The Care Plan is a written document expected by the client that specifically delineates the goals identified and expected and the specific strategies (referrals/actions/achievements) for the fulfillment of these goals. More so, the Care Plan delineates the specific timeframes by which each interim goal or strategy is expected to be fulfilled as well as the means for their achievement. For example: (see next page) City of Miami Beach-Camillus House Page 17 DocuSign Envelope ID:D001600E-2A4C-4CDB-9C92-9909D1DD789B The Trident of Support The Trident of Support has delineated that the ` client, contractor and broader community 13, *6 each have a role in -- - -- -- -- .-. — --- ending homelessness. eThe expectation is that the Care Plan will y clearly define each of these roles and V0 J expectations. 0 0. Client Responsibilities&Tasks Ultimately, the client has the greatest Accept responsibility and proportion of commit towards doing what needs to be done to end responsibility. The personal homelessness. expectations must be Meet dallschCare Coordinator sound and lead to the and all scheduled appointments prepared to client's ultimate fulfill Care Plan Meet all Care Plan objectives, as they evolve,to enable independence and independent living transition to permanent, sustainable housing Work towards obtaining income, that is suitable to the staying healthy,establishing Plan on exiting shelter as supportive relationships,and soon as income is stable and client and his/her preparing to live independently housing is located family. Professionals' Responsibilities&Tasks As the professional guiding the process, the Contractor will • . Oe 410 ensure that clear expectations, Respect and communications and Provide Honor understand client's culturally fidelityto the Care Plan Evolve appointments unique needs& competent the Care your role in Care referrals( are maintained Plan Plan services throughout the client's engagement. .. C-- City of Miami Beach-Camillus House Page 18 DocuSign Envelope ID:D001600E-2A4C-4CDB-9C92-9909D1DD789B • The Care Plan needs to ensure that the Trident of Support is provided for every expectation PR uREES MEASURE`Sp�, -- - - Ro Can Plan Goals Eng—rot Rel nal-or Aaslgnment •��aMeas.aM's�'� Deem)n. A Care Ran ReMeq reolessonal Rescue Misstnl l Appo s) { I 1 I Scissor. 1l4aaum Smport Naascabon f MCeIIIIb(4] 1VfY�te _ !Personal Teck -end us.<a..l 1 'murk) { IPtoressmrul 'Stam Attorneys Moe1 • 2 'Naval Support IAurw Srpoorl Gnats Ipersannsy Task !Sabena repair-aeon �^n°r 'emv IAsse =mond -{crsoaali u ' m • t! 'rooted Lacs-Scoot ca tr tessmal I I laaaal I t{ I 'Preessmal 5 ! rroNavat&radon , crsat ask �" I Totals I 3 2 0 Professional Supports must be Natural Supports should remain culturally competent,accessible and even after the client exits the Ii appropriate Continuum of Care The Care Plan provides the framework for expectations, timelines, resources and outcomes. The Care Plan should be a vibrant document that establishes accountability and serves as the record of all progress, services and interventions applied. Sometimes, despite best efforts, goals are not achieved. In those cases in which client inaction or deliberate action were the cause for failure, the client is subject to program termination. In those cases in which best efforts adhered to the strategies proscribed but did not achieve outcome, the in-house care manager has the discretion to authorize additional time for goal achievement or reconsider the viability of the goal and suggest an alternative. Such decisions should be based on the facts at hand and the client's overall adherence to the Care Plan and natural resources. The Care Plan is an evolving, progressive document and should be amended as frequently as necessary to drive the client to the ultimate goal of independence. Goals that are too broadly defined should be avoided as should also a fixed chronological and universal application of expectations. Care Plans should reflect the client's individual strengths and assets with a conscious recognition and respect for the availability of resources and the client's cultural and physical identity. There is no such thing as one Care Plan fits all. Care Plans are expected to be the product of City of Miami Beach—Camillus House Page 19 DocuSign Envelope ID:D001600E-2A4C-4CDB-9092-9909D1DD789B client assessment, realistic client expectations and the realistic incorporation of interventions and resources. Engagement Strategies The Contractor will adhere to the following engagement strategies in the delivery of services: • Advise the client of the scheduled weekly Care Plan meeting and its requirements and timelines. • Provide client information regarding the Care Coordination process and other available services. • Reintroduce the services available and the Care Plan goals during each client interaction. • Document every interaction with or on behalf client via the Care Plan Contact/Progress Report. • Meet with Homeless Outreach Program Coordinator or his/her designee on a monthly basis to discuss client progress. Discharge Planning Discharge typically results under two conditions: 1. The client has failed to adhere to his/her Care Plan and is being terminated for cause; or 2. The client is ready to be transitioned to an alternate housing environment (which may include relocation; an alternate shelter; transitional, supportive and permanent housing). Clients whose cause for failure cannot be clearly ascertained should be placed on notice and trigger an interventional action. Such notice should include immediate intervening steps (Care Plan amendment) that the client is required to take in order to maintain his/her program enrollment. As with all Care Plan items, specific strategies and benchmarks (including timelines) must be included. Clients who willfully fail adherence to their Care Plans should be discharged as soon as they violate Care Plan requirements. Clients who are being terminated for cause should be notified in writing as to the reason(s) for termination. Such notice should be forwarded to the City upon issuance. Additional Client Services The City expects that the following services to be provided, as appropriate: 1. Testing for tuberculosis within forty-eight (48) business hours of admittance to shelter. City of Miami Beach-Camillus House Page 20 DocuSign Envelope ID:D001600E-2A4C-4CDB-9C92-9909D1DD789B 2. Case Management staff will be bilingual and should have some social service experience working with homeless populations and/or preferably a Bachelor of Arts degree in Social Work. 3. Clients will receive case management services from the City with an emphasis on obtaining stability, entitlements, and housing, this includes: a. Development of a Care Plan and documentation of contacts; b. Referrals for specialized health, substance abuse, mental health screening and treatment will be made for clients based on need or their request; c. Referral to other entitlement agencies including, but not limited to, Veterans Administration, SNAP and Medicaid; d. Referral to educational and vocational training; e. Create and maintain client resume on file; f. Referral for employment; and g. Referral to permanent housing, among others 4. Clean clothing and hygiene products, if available. 5. Random drug and alcohol tests will be conducted monthly and/or at shelter staffs discretion with test results included in client's case file. 6. The City reserves the right to conduct periodic audits of client files to ensure adherence to service benchmarks. • Employee/ Contractor File Review The following documentation must be included in the employee/Contractor file for those employees/Contractors providing services under this contract. The following must be included in the employee files: • Employment Application • Evidence of degree/credentials • Job Description Signed by Employee • Evidence of Required Experience • Florida Background Criminal Screening • Proof of Knowledge of Policies & Procedures • Confidentiality Agreement Re: Client Information • Documentation of Agency Training/In-Service Training • Evidence of completion of mandatory inclusion training provided by Pridelines • 1-9 Verification on File The City reserves the'right to inspect employee/Contractor files with due notice (at least forty-eight (48) hours in advance of planned site visit) to ensure adherence to contractual expectations. City of Miami Beach-Camillus House Page 21 DocuSign Envelope ID:0001600E-2A4C-4CDB-9092-9909D1 DD789B Reporting Requirements The Contractor will provide the City with a Monthly Progress Report of all clients and reimbursement request by 5:00 PM on the fifth (5th) of the following month. In the event that the fifth of the month lands on a Saturday, Sunday or holiday, the report must be submitted the following business day. Monthly reports and reimbursement requests will be submitted via any of the following methods: • Electronic mail • Standard mail • Hand delivery Monthly reports will not be considered acceptable unless the following is met: • Forms are completely and accurately filled • Reports bear the signature of the person submitting the report on behalf of the Contractor Monitoring & Performance Reviews - The City reserves the right to inspect, monitor and/or audit the Contractor to ensure contractual compliance. This includes, but is not limited to: • Review of on-site service delivery • Inspection and review of client, budgetary and employee files (for those employees providing services under this contract) • The City will provide the Contractor a minimum of two (2) business days' notice prior to a monitoring visit. Partner Performance Ratings The Contractor agrees that its Partner Performance Rating, the score awarded for performance on the following measures, will be posted on the City's website on a bi- annual basis: • Timely and accurate submission of monthly progress report • Timely and accurate submissions of monthly financial reports (reimbursement requests) • Delivery of contracted service units with anticipated client outcomes leading to independent housing for clients based Ratings will be given for each performance measure based on the following: City of Miami Beach-Camillus House Page 22 DocuSign Envelope ID:D001600E-2A4C-4CDB-9C92-9909D1DD789B Performance Measure Rating Rationale & Scor- ►Timely and accurate submission of monthly ► "0" for failing to submit on time; "25" for progress report submitting on time ► Timely and accurate submissions of ► "0" for failing to submit accurate report with monthly financial reports (reimbursement back-up material on time; "25" for requests) submitting accurate report on time ► Delivery of contracted service units and ► Possible score of 0 to 50 based upon anticipated outcome measures completion of monthly projected service units. Score is pro-rated if total projected service units are not met. Please note that clients are expected to transition to permanent housing within 90 days of placement Service Benchmarks Service Benchmark(s) Daily Bed Vacancy Report •Beds available for client placement including vacancies created through client discharge and termination Care Plan Contact/Progress •Care Plan Amendments, as appropriate and necessary Report •Referrals Issued for services identified in evolving Care Plan •Care Plan Progress Reports delivered monthly Termination • Client Destination after discharge and/or reason for program termination as reported through HMIS, and Daily Bed Report Service Deliverables Service Frequency Methodology Timeframe Daily Bed 1 Report Daily Electronic mail Daily by 9am, excluding Vacancy Report legal holidays Meals 3 meals per day, Camillus House As appropriate per client placed Emergency 12 beds per day, Camillus House In adherence to individual Shelter Beds per year Care Plan objectives and timelines and as approved by the City Care Plan Weekly for each Camillus House Initially within three (3)days Management client placed of client placement and weekly thereafter until termination City of Miami Beach-Camillus House Page 23 DocuSign Envelope ID:D001600E-2A4C-4CDB-9C92-9909D1DD789B Care Plan 1 report per Camillus House Within 30 days of placement Progress month, per client and every 30 days Reportsthereafter. Service Documentation Services will be deemed as provided when the following documentation is provided within the noted timeframes: Service i Documentation . Timeframe Daily Bed Vacancy Bed Roster -By 9am weekdays, Reportexcluding legal holidays Care Plan Care Plan Contact/Progress Form Within 24 hours of Contact/Progress contact and/or Report service provision Referrals Referral form and/or amended Care Plan Within 24 hours of contact and/or service provision Termination Client destination after discharge and/or Within 24 hours of reason for program termination as contact and/or reported through the Daily Bed Sheet and service provision HMIS Training Requirements Care management personnel will be required to complete the following trainings prior to service provision: Training and Development 1. Care Coordination Training: Fitting the Pieces 2. Transition Planning 3. Monthly Reporting & Billing 4. Quarterly Staff Development 5. LGBTQ Training: Pridelines 6. Interagency Referrals City of Miami Beach—Camillus House Page 24 DocuSign Envelope ID:D001600E-2A4C-4CDB-9C92-9909D1DD789B Additional Documentation The following documentation must be submitted with this.executed agreement: • All required insurance certificates • Copy of current audit • Copy of required business licenses and permits City of Miami Beach-Camillus House Page 25 DocuSign Envelope ID:D001600E-2A4C-4CDB-9C92-9909D1DD789B ATTACHMENT A RESOLUTION COMMISSION ITEMS AND COMMISSION MEMORANDUM DocuSign Envelope ID:D001600E-2A4C-4CDB-9C92-9909D1DD789B RESOLUTION NO. 2017-30000 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER, PURSUANT TO REQUEST FOR PROPOSALS (RFP) NO. 2017-293-KB FOR EMERGENCY SHELTER BEDS TO SERVE HOMELESS POPULATION; TO AWARD CONTRACTS TO CAMILLUS HOUSE INC., AS THE TOP RANKED PROPOSER, AND THE SALVATION ARMY, AS THE SECOND RANKED PROPOSER; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE AGREEMENTS PENDING SUCCESSFUL NEGOTIATIONS BY THE ADMINISTRATION AND THE CITY ATTORNEY'S OFFICE; FURTHER, AUTHORIZING THE CITY MANAGER TO EXTEND THE EXISTING AGREEMENTS WITH CAMILLUS HOUSE INC., AND THE SALVATION ARMY, FOR EMERGENCY SHELTER BEDS TO SERVE HOMELESS POPULATION, ON A MONTH-TO-MONTH BASIS, TERMINABLE BY THE CITY FOR CONVENIENCE AND WITHOUT CAUSE, UPON THIRTY (30) DAYS WRITTEN NOTICE, UNTIL SUCH TIME AS THE NEW AGREEMENTS CAN BE EXECUTED. WHEREAS, on March 1, 2017, the City Commission approved the issuance of Proposals (RFP) No. 2017-075-KB for Emergency Shelter Beds to Serve Homeless Population; and WHEREAS, on March 2, 2017, the RFP was issued with an opening date of April 17, 2017; and WHEREAS, however, on July 7, 2017, pursuant to Sec. 3-367 of the City Code that states that when only one bid response is received, the City Manager may reject the bid and, If he determines that same is in the best interest of the city, re-advertise the item,"the City Manager authorized the rejection of the sole proposal received pursuant to Request For Proposals (RFP) No. 2017-075-KB for Emergency Shelter Beds to Serve Homeless Population and authorized the issuance of a new solicitation in an effort to secure additional contracts for emergency shelter beds; and WHEREAS, July 19, 2017, the subsequent RFP was issued; and WHEREAS, RFQ responses were due and received on August 18, 2017; and WHEREAS, the City received two (2) proposals from the following firms: Camillus House, Inc. and The Salvation Army;and WHEREAS, on August 31, 2017, via LTC# 423-2017, the City Manager appointed the Evaluation Committee (the "Evaluation Committee"), which convened on August 31, 2017 to consider the proposals submitted; and WHEREAS, the Evaluation Committee's rankings were as follows: (1) Camillus House, DocuSign Envelope ID:D001600E-2A4C-4CDB-9C92-9909D1DD789B Inc.; (2)The Salvation Army; and WHEREAS, after reviewing the qualifications of each firm, and having considered the Evaluation Committee's comments and rankings, the City Manager has recommended that the Mayor and the City Commission authorize the Administration to award contracts to Camillus House Inc., as the top ranked proposer, and The Salvation Army, as the second ranked proposer; authorize the Mayor and City Clerk to execute the agreements pending successful negotiations by the administration and the City Attorney's office; further, to authorize the City Manager to extend the existing agreements with Camillus House Inc., and the Salvation Army, for Emergency Shelter Beds to Serve Homeless Population, on a month-to-month basis, terminable by the City for convenience and without cause, upon thirty (30) days written notice, until such time as the new agreements can be executed. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby accept the recommendation of the City Manager, pursuant to Request for • Proposals (RFP) No. 2017-075-KB for Emergency Shelter Beds to Serve Homeless Population; authorize the Administration to award contracts to Camillus House Inc., as the top ranked proposer, and The Salvation Army, as the second ranked proposer; authorize the Mayor and City Clerk to execute the agreements pending successful negotiations by the administration and the City Attorney's office; further, to authorize the City Manager to extend the existing agreements with Camillus House Inc., and the Salvation Army, for Emergency Shelter Beds to Serve Homeless Population, on a month-to-month basis, terminable by the City for convenience and without cause, upon thirty (30) days written notice, until such time as the new agreements can be executed. PASSED AND ADOPTED this oar day of gplr+xrle✓ 2017. i Philip Lev': - / ATTEST• Adl • % %%%%%%%%%%%%%%%%Raf--I E. .ra ado, ity ^ \ 13 Eq`'+++►s APPROVED AS TO �� FORM&LANGUAGE City Att ey vr" Dote :1`N -