Professional Services Agreement between H.O.P.E In Miami Dade, Inc. 0-2 0
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PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF MIAMI BEACH
AND
H.O.P.E. IN MIAMI DADE, INC.
This Professional Services Agreement ("Agreement") is entered into this 19 day of
Sa-p 7 , 2020 ("Effective Date"), 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 (the "City"), and
H.O.P.E. IN MIAMI DADE, INC., a Florida not for profit corporation, whose address is 50
Biscayne Blvd #1806 Miami, FL 33132(the'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: The City staff member who is designated by the City Manager to
administer this Agreement on behalf of the City. The City Manager's
designee shall be the Office of Housing and Community Services
Department Director.
or shall be
Contractor For
independent contractor, anhe purposes of this d not ant agent or employee of deemed to be an
P
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.
Proposal Documents: Proposal Documents shall mean City of Miami Beach COVID-19 Rent
_ and Utility Assistance Program for residence adversely affected by
COVIO-19. together with all amendments'thereto, issued by the City in
contemplation of this Agreement.
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.
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SECTION 2
SCOPE OF SERVICES
2.1 In consideration of the Fee to be paid to Contractor by the City, Contractor shall provide
the work and services in connection with the delivery of Rent and Utility Assistance to qualified
Miami Beach households, as more particularly described in Exhibit A hereto (the "Services"),
based upon the Budget, incorporated herein by reference and attached hereto as Exhibit B.
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 the appropriate location 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 terms and conditions set forth in Exhibit "A" 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
Office of Housing and Community Services
1700 Convention Center Drive, Miami Beach, Florida 33139
305-673-7491
2.2 Contractor's Services, and any deliverables incident thereto, shall be completed in
accordance with the timeline and/or schedule in Exhibit A hereto.
SECTION 3
TERM
The term of this Agreement ('Term") shall commence upon execution of this Agreement by all
parties hereto (the Effective Date set forth on p. 1 hereof) and shall have an initial term ending
December 30, 2020. This Agreement shall be extended upon mutual agreement of both parties
for an additional 30-day term.
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
FEE
4.1 In consideration of the Services to be provided, Contractor shall be reimbursed for the
Administration of the Services, through payroll or staffing reimbursements, directly related to the
delivery of Services under this Agreement ("Administration Reimbursements"), for a total sum
not to exceed $33,000.00 during the Term. The City shall pay Contractor for these
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Administration Reimbursements pursuant to the reimbursement procedures set forth in Exhibit
A.
4.4 INVOICING
Upon receipt of an acceptable and approved invoice, payment(s) shall be made within ten (10)
days for that portion (or those portions) of the Services satisfactorily rendered (and referenced
in the particular invoice).
Invoices 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
Office of Housing and Community Services
1700 Convention Center Drive, Miami Beach, Florida 33139
305-673-7491
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. 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.
ADDITIONALLY, IN THE EVENT OF A PUBLIC HEALTH, WELFARE OR SAFETY
CONCERN, AS DETERMINED BY THE CITY MANAGER, IN THE CITY MANAGER'S
SOLE DISCRETION, THE CITY MANAGER, PURSUANT TO A VERBAL OR
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WRITTEN NOTIFICATION TO CONTRACTOR, MAY IMMEDIATELY SUSPEND THE
SERVICES UNDER THIS AGREEMENT FOR A TIME CERTAIN, OR IN THE
ALTERNATIVE, TERMINATE THIS AGREEMENT ON A GIVEN DATE. 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.
SECTION 6 •
INDEMNIFICATION AND INSURANCE REQUIREMENTS
6.1 INDEMNIFICATION
Contractor agrees to indemnify, defend 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
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 Contractor expressly understands
and agrees that any insurance protection required by this Agreement or otherwise provided by
the Contractor shall in no way limit the Contractor's responsibility to indemnify, keep and save
harmless and defend the City or its officers, employees, agents and instrumentalities as herein
provided.
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 maintain and carry in full force during the Term, the following insurance:
1. Contractor General Liability, in the amount of$1,000,000;
2. Contractor Professional Liability, in the amount of$200,000; and
3. Workers Compensation & Employers Liability, as required pursuant to Florida Statutes.
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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 fess 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.
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 shalt 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.
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.
SECTION 7
LITIGATION JURISDICTIONNENUE/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 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.
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.
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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$10,000 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 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 Services 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 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.
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. 9AM — 5PM, Monday through Fridays, excluding nationally recognized
holidays), and as often as the City Manager may. in his/her reasonable discretion and
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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. 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. •
10.2 INSPECTOR GENERAL AUDIT RIGHTS
(A) Pursuant to Section 2-256 of the Code of the City of Miami Beach, the City has
established the Office of the Inspector General which may, on a random basis, perform
reviews, audits, inspections and investigations on all City contracts, throughout the
duration of said contracts. This random audit is separate and distinct from any other
audit performed by or on behalf of the City. •
(B) The Office of the Inspector General is authorized to investigate City affairs and
empowered to review past, present and proposed City programs, accounts, records.
contracts and transactions. In addition, the Inspector General has the power to
subpoena witnesses, administer oaths, require the production of witnesses and monitor
City projects and programs. Monitoring of an existing City project or program may
include a report concerning whether the project is on time, within budget and in
conformance with the contract documents and applicable law. The Inspector General
shall have the power to audit, investigate, monitor, oversee, inspect and review
operations, activities, performance and procurement process including but not limited to
project design. bid specifications, (bid/proposal) submittals, activities of the Contractor.
its officers, agents and employees, lobbyists. City staff and elected officials to ensure
compliance with the contract documents and to detect fraud and corruption. Pursuant to
Section 2-378 of the City Code, the City is allocating a percentage of its overall annual
contract expenditures to fund the activities and operations of the Office of Inspector
General.
(C) Upon ten (10) days written notice to the Contractor, the Contractor shall make all
requested records and documents available to the Inspector General for inspection and
copying. The Inspector General is empowered to retain the services of independent
private sector auditors to audit, investigate, monitor, oversee, inspect and review
operations activities, performance and procurement process including but not limited to
project design, bid specifications, (bid/proposal)submittals, activities of the Contractor its
officers, agents and employees, lobbyists, City staff and elected officials to ensure
compliance with the contract documents and to detect fraud and corruption.
(0) The Inspector General shall have the right to inspect and copy all documents and
records in the Contractor's possession, custody or control which in the Inspector
General's sole judgment, pertain to performance of the contract, including, but not limited
to original estimate files, change order estimate files, worksheets, proposals and
agreements from and with successful subcontractors and suppliers, all project-related
correspondence, memoranda, instructions. financial documents, construction
documents, (bid/proposal) and contract documents, back-change documents, all
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documents and records which involve cash, trade or volume discounts, insurance
proceeds, rebates, or dividends received, payroll and personnel records and supporting
documentation for the aforesaid documents and records.
(E)The Contractor shall make available at its office at all reasonable times the records,
materials, and other evidence regarding the acquisition (bid preparation) and performance of
this Agreement, for examination, audit, or reproduction, until three (3) years after final
payment under this Agreement or for any longer period required'by statute or by other
clauses of this Agreement. In addition:
i. If this Agreement is completely or partially terminated, the Contractor shall make
available records relating to the work terminated until three (3) years after any resulting final
termination settlement; and
ii. The Contractor shall make available records relating to appeals or to litigation or the
settlement of claims arising under or relating to this Agreement until such appeals, litigation,
or claims are finally resolved.
(F) The provisions in this section shall apply to the Contractor, its officers, agents, employees,
subcontractors and suppliers. The Contractor shall incorporate the provisions in this section
in all subcontracts and all other agreements executed by the Contractor in connection with
the performance of this Agreement.
(G)Nothing in this section shall impair any independent right to the City to conduct audits or
investigative activities. The provisions of this section are neither intended nor shall they be
construed to impose any liability on the City by the Contractor or third parties.
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.
10.4 PUBLIC ENTITY CRIMES
Prior to commencement of the Services, the Contractor shall file a State of Florida Form PUR
7068, Sworn Statement under Section 287.133(3)(a) Florida Statute on Public Entity Crimes
with the City's Procurement Division.
10.5 NO DISCRIMINATION
In connection with the performance of the Services, the Contractor shalt riot 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.
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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 perceivedrace, color, national origin, religion, sex,
intersexuality, gender identity, sexual orientation, marital and familial status, age, disability,
ancestry, height, weight, domestic partner status, labor organization membership, familial
situation, or political affiliation.
10.6 CONFLICT OF INTEREST
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, 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 as if
• fully set forth herein.
Contractor covenants that it presently has no interest and shall not acquire any interest,
directly or\indirectly, which could conflict in any manner or degree with the performance of the
Services. Contractor further covenants that in the performance of this Agreement, Contractor
shall not employ any person having any 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 therefrom.
10.7 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
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
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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 attorneys'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:
CITY OF MIAMI BEACH
ATTENTION: RAFAEL E. GRANADO, CITY CLERK
1700 CONVENTION CENTER DRIVE
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•
MIAMI BEACH, FLORIDA 33139
E-MAIL: RAFAELGRANADO(c MIAMIBEACHFL.GOV
PHONE: 305-673-7411
•
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.,
CIO Pedro Martinez, President
50 Biscayne Blvd.#1806 Miami, FL 33132.
(305)785-3580
GodinMiami a,Gmaif.com
TO CITY: Maria L. Ruiz, Department Director
Office of Housing and Community Services
1700 Convention Center Drive, Miami Beach, Florida 33139
305-673-7491
MariaRuiz an.MiamiBeachfl.gov
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 date of an acknowledged receipt, or. in all other cases, on the
date of receipt or refusal.
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.
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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 WAIVER OF BREACH
A party's failure to enforce any provision of this Agreement shall not be deemed a waiver of
such provision or modification of this Agreement. A party's waiver of any breach of a provision
of this Agreement shall not be deemed a waiver of any subsequent breach and shall not be
construed to be a modification of the terms of this Agreement.
12.4 JOINT PREPARATION
The parties hereto acknowledge that they have sought and received whatever competent advice
and counsel as was necessary for them to form a full and complete understanding of all rights
and obligations herein and that the preparation of this Agreement has been a joint effort of the
parties, the language has been agreed to by parties to express their mutual intent and the
resulting document shall not, solely as a matter of judicial construction, be construed more
severely against one of the parties than the other.
12.5 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.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by their appropriate officials, as of the date first entered above.
FOR CITY: CITY OF MIAMI BEACH, FLORIDA
ATTEST:
DocuSigneedb�y:
�1WtWt1� M..or4t,S
By. 28CA18194070496...
City Clerk City Manager
Date: £ r > 2_,052-0
FOR CONTRACTOR: H.O.P.E. IN MIAMI DADE, INC.,
ATTEST:
By: ‘.-• a . �
eEVE(-NO PEDp_. A. r t RThu62-
Print Name and Title Print Name and Title
Date* f Goan
I.. FrO iORG'AgrccmcnL:•Profiasiondl Sero ices •\greemrns 2(117 modified 12-19-21117
APPROVED AS TO
'ORM & 1G AGE
& FOR XE7U U ION
13
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uocusign Envelope ID:U42fI-R.;44-UUbU-4W\1-yS313-tSU4(.AEb000ZU
Exhibit A
Scope of Work-Services
A. Services/Forms:
Contractor will be providing rent and utility assistance services ("Services") to Miami
Beach households referred by the Office of Housing and Community Services.
Contractor will schedule referred clients for in person appointments where the Contractor
will obtain executed consents and intake documents from each applicant utilizing the
• forms provided by the City. Contractor will:
1. complete intake applications for referred residents;
2. ensure the execution of consents and releases, as required;
3. obtain copies of required back-up documentation, as required (including
identification, income, leases and related documents) from assisted residents:
4. obtain executed Landlord Participation Agreement, IRS Form W-9 and Lease
Addendum from the landlords of assisted properties;
5. review documents and applicant income to determine eligibility for assistance;
6. determine the amount of rent assistance to be provided for each applicant; and
7. issue and mail rent assistance checks to landlords on behalf of approved
applicants.
See Exhibit C for City Forms
B. Eligibility Criteria for assisted households:
The Contractor shall screen referred households for the following eligibility criteria:
1. City of Miami Beach residency;
2. Referral by the City of Miami Beach;
3. Rent arears no greater than 3 months;
4. Landlord consent to participate in rent assistance program;
5. Valid government issued identification documents; and
6. Income eligibility (no greater than 60% Area Median Income (AMI)for the household).
C. Disbursements, Records and Reports:
Contractor will provide the Services, based upon the approved Budget, attached hereto
as Exhibit B.
1. The following expenses will be incurred in the delivery of these Services:
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uocuJIgfl tnvelope IU:U421-/1:44-JUbU-43A1-y3S13-I51J4eAtbuuu U
a. Administration Reimbursements (reimbursement for staff time required to
perform the Services),for a total sum not to exceed $33,000.00 during the
Term; and
b. Rent and Utility Assistance(reimbursement for payments to Landlords and
utility companies on behalf of eligible applicants), for a total 'sum not to
exceed $295,350.00.
2. Funding Package: Contractor will be paid for Administration Reimbursements
and Rent and Utility Assistance within the budgeted amounts, as invoiced.
Contractor shall submit the following documentation with each reimbursement
request:
a. Invoices for expenses incurred;
b. Copies of checks issued to landlord for rent payment;
c. Cancelled checks corresponding to invoices for expenses incurred
(back and front); The City recognizes that cancelled checks may
not be available within 30 days of issuance. As such, cancelled
checks are to be provided as soon as possible and reconciled
against issuance ledger.
d. Timesheets for those employees whose salary is being charged in
whole or in part to this grant;
e. Direct deposit and payroll records corresponding to the wages paid
to employees in support of the program; and
f. Monthly Progress Report, as defined in Section 5 herein.
3. Contractor will maintain the following records as evidence of expenses incurred
in connection with the Services.
a. Rent and Utility Assistance expenditures/records (i.e., Landlord
Participation agreements, Utility invoices and cancelled checks; copies of
applications for assistance with relevant back-up documentation including
3-Day Notices, Sunbiz Reports, and Office of the Property Appraiser
property summaries); and
b. Administration Reimbursement expenditures/records (i.e., days of
operation and staffing levels).
4. Progress Report: Contractor shall complete the reporting form provided by the
City, at minimum, by the 10'h day of the following month in which service is
provided ('Monthly Progress Report'). Contractor may submit reports more
frequently to ensure adequate cash flow to maintain ongoing disbursements.
Reports shall include:
a. progress of overall Services performed (included challenges);
15
Uocuslgn Envelope IU:1)481-1( 44-90bD-49A1-93313-I3U4UAEWUD2U
b. balance of Budget (expenses and carry forward balance of remaining
funds)
c. list of eligible beneficiaries and frequency of service
d. Such other additional documentation as the City Manager's designee may
request, following receipt of the Monthly Progress Report, to document the
progress of the Services.
5. Contractor will submit a report ("Final Report") no later than January 15, 2021, or
15 days after the Services have been completed, including:
a. summary of overall Services performed
b. final Budget
c. list of eligible beneficiaries and frequency of Services
d. Such other additional documentation as the City Manager's designee may
request, following receipt of the Final Report, to document the Services
performed.
16
uocusign tnvelope Iu:u4W-I( 44-Uubu-4M1-y3313-I3u4l;Attiuuu"Lu
Exhibit B
Budget
Rent and Utility Assistance Program
Contractor Fee $ 33,000.00
I Inspector General Fee(0.5%) City to $1,650.00
Disburse
1 Rent and Utility Assistance $295,350.00
Total Budget: $ 330,000.00
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uocuslgn tnvelope IU:U461-I 44-UUbU-4UA1-V3:513-1:fU4(.ALbUUUZU
HOPE in Miami Dade,Inc.on behalf of the City of Miami Beach
Consent for Services (COVID-19 Rent & Utility Assistance)
I, ,hereby provide consent to receive services from the City of
Miami Beach, Office of Housing & Community Services. In accepting services, I hereby acknowledge that I am
required to provide documentation as to the following:
• Identification
• Miami Beach Residency
• Compliance to Funding Requirements for Eligibility(including income and status as an affected
party)
• Evidence of Financial Impact by COVID-19
• landlord Participation in the City's Rent Assistance Program
I certify that the information provided is true and complete to the best of my knowledge and belief. I consent to
the disclosure of such information for purposes of income and assets verification related to my application for
financial assistance.I understand that any willful misstatement of material fact will be grounds for disqualification.
I understand that the information provided is needed to determine eligibility and in no way assures qualification
for assistance. I further agree to provide any other documentation needed to verify eligibility in the timeframe
provided by the City(typically provided as a follow-up appointment).
I understand that if I am unable to produce supporting documentation within the timeframe provided for your
follow-up appointment, staff will move on to the next applicant.
I acknowledge that the determination to extend assistance is solely at the discretion of the City of Miami Beach.
I hereby acknowledge that Florida Statutes Section 817.03 provides that willful false statements or
misrepresentation concerning income and assets or liabilities relating to financial condition is a misdemeanor
of the first degree and is punishable by fines and imprisonment provided under§775.082 or§775.083.
{ APPiican[Name --^ Staff Name
4pWycantSqinatore RaHSva[we
Date Date
4
•
uocuslgn tnveiope lu:U4151-(L44-yUbu-4M1-96s1:f-tSu4l:Attiuuu-Lu
HOPE in Miami Dade,Inc. on behalf of the City of Miami Beach
Consentimiento Para Los Servicios (COVID-19 Asistencia de Alquiler y Servicios Publicos)
Yo, ,day mi consentimiento para recibir servicios de Ia Oficina
de Vivienda y Servicios Comunitarios de la Ciudad de Miami Beach. Al aceptar los servicios, por Ia presente
reconozco que debo proporcionar documentacion sabre lo siguiente:
• IdentificaciOn
•Residencia en Miami Beach
•Cumplimiento de los requisitos de financiacion para la elegibilidad(incluidos los ingresos y el estado coma
parte
afectada)
• Evidencia de impacto financiero por COVID=19
• Participacion del propietario en el programa de asistencia de alquiler de Ia ciudad
Certifico que la informacion proporcionada es verdadera y completa a mi leal saber y entender. Doy mi
consentimiento para Ia divulgacion de dicha informacion para fines de verificacion de ingresos y activos
relacionados con mi solicitud de asistencia financiera. Entiendo que cualquier incorrecci6n intencional de un
hecho material sera motivo de descalificaciOn.
Entiendo que Ia informacion provista es necesaria para determinar Ia elegibilidad y de ninguna manera asegura la
calificaciOn para recibir asistencia. Ademas, estoy de acuerdo en proporcionar cualquier otra documentacion
necesaria para verificar Ia elegibilidad en el plazo proporcionado por Ia Ciudad (generalmente proporcionado
como una cita de seguimiento).
Entiendo que si no puedo presentar Ia documentacion de respaldo dentro del plaza previsto para su cita de
seguimiento,el personal pasara al proximo solicitante.
Reconozco que la determinacion de extender Ia asistencia es unicamente a discretion de Ia Ciudad de Miami
Beach.
Por Ia presente, reconozco que el Estatuto de Florida Seccion 817.03 establece que las declaraciones falsas
intencionadas o la tergiversacion sabre ingresos y activos o pasivos relacionados con Ia situacion financiera es
un delito menor de primer grado y se castiga con multas y encarcelamiento previstos en§775.082 a§775.083.
Apot.c M Name ""_..._____.__.............._.�.....__,..__....... ._____._. Stat Name
Appi.cant SEgnatu'e j Staff Stratum
•
Care ....._ ____-__... Date _.....-.
uocuaign tnvetope It):u4dr f kr44-auou-4 \I-U.S.Stl-t3U4L./ALOUUULU
CI)BG and HOME RENTAL ASSISTANCE EUGIBILITY WORKSHEET
Applicant(s): and
Address: Unita:
tamiry Household: 6 ' •
AdinUi S
Minors: 1
Financial Crosscheck
%euar/Berk State.crert Ca ica Rent oas'T*a'ts*rated to Atmw.nts In...inns Casa QeossssA':.4Ura.as In piece,*
tatest 3 Vontre Crecc.rg acct et Verna.fayPai.Cat.,app statements In then." Deo 3ere'ts tteve.ved Ir,Or,xcs,
:vest 3 months Sarongs ACC% Cr prorets Sank Attount CW-ers in: In Fracas user•tytt.Cartract Wed{In.:,n(rcc
Income&Assets
..... •.In bank account •
Feb-70 Month 1 Month 2 Month 3 - - _ - - _ _ _. -_
5 5 • s • s Checking Balance S
S - S 5 • S • Sain's Balance S
S S S130.OJ S 5 Total Earninss Cash Apo Balance S •
S S • S SS _ _ . _ - 6,510.00 Stocks/Mutual Funds S -
S 5 S S Certificates of Deposa S
S • 5 S - Monthly Average Insurance proceeds S •
-5 • S • S $ :5 . _.. - _ _ 2.170.00 Cash On Hand S SOO.ClO
S • S S S Contractor income S 100 CO
S S 5 5 - Income Level Other S
S r S 1,040.00 S S S - .. -_ -__ . ._26.040.90.
S S 5.000 DO S - 5 10.00 Total Assets S 600.00
5 5 s • s - Eligibility Through en 'iibte Rent Arrears S 2.800.00
5 5 - 5 5 • Income Level r,ome air{ - Assets flier Rent in Arrears test.j` *sae' 1
S S • S S •
Select if month Month With No
l!..............3....,..Arerr\•=,,/a+t<-.1.4P..•O,n....1.010...la la A.
had no income: Income e,..<,.,�
S 6.500.00 S S 10.00
EI'relbitity Requirements COBG HOME
is the apolicant US.Citizen or permanent residents or granted legal Status(only for HOME)? YES immCigtbTasii i MAINS
is the co-aophcant US Citizen or permanent resident or granted legal status, N/A 0/
is me applicant res.core of the City or Miami 8eaen7 YES +Tn=IIIKETOMINNI
D.0 the aoo'.catn orov.de Ann certificates and social security cards for alt household members YES IIVIRIEIMMIIMIIIII 1111111LOPM1111111
was the rent current as 01 Marco 2020' YES 11.1116mitamm muillEratse>llIal
Did cite atto4cant provide 3-Day Notice'ndkcaong rent arrears..•c ._. _ YES 11111MIKEIDAIIIIIM �7�
Did the applicant prev,de endence of pp loss due to COVID•19' YES l�tEQrhlj I�t10o(01111-
Did the Landlord wpmated a consents' YES IIMMIE(TJbTEIBIIIIII EITATe=
Cho applicant provide bank and financial statemerts s YES iminaE(T ' ETtgt"M
Dio Co•Adolicant provide bank and financial statements) YES 11111110TORMIIN' tireffillall
Did applicant recened subsidy from auol:c mo,as•ng or Section 9 program) NO 1111111,
Dia t«e apoiicant cave uhrttes past dues YES
CEO/SHAPi Otner Benefits - YES Etig@lall111111E( I
File Approval
Is Applicant eligible for CDBG rent assistance disoursement' w�
is Applicant eligible for HOME rent assistance disbursement' tF(C lig
rorr.a,deo Co,orocess•ng Orr
Staff.Name and Signature Date
DocuSign Envelope ID:D48F7C44-905D-49A1-933B-BD4CAE600D20
Office of Housing & Community Services
DATE: Monday, September 14, 2020
TO: Jimmy L. Morales, ity Manager
FROM: Maria L. Ruiz ���
SUBJECT: Professional Service Agreement with Hope in
Miami-Dade for Rent Assistance
Routing os
Alina Hudak Assistant City Manager
For: (check the one that applies)
Information Only
Review and approval
x City Manager's Signature
Form Approval by City Attorney
Other
Comments:
Professional Services Agreement for rent assistance for Tranche 3 which
will be administered by HOPE in Miami Dade.
Return to:
Maria L.Ruiz @#6491
Date Needed:
ASAP