Resolution 2022-32281 RESOLUTION NO. 2022-32281
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY
MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH
NEW HOPE C.O.R.P.S., INC. TO PROVIDE VARIOUS HOUSING SERVICES,
INCLUDING DETOX, TREATMENT, RECOVERY, TRANSPORTATION AND
OTHER RELATED SERVICES FOR THE CITY'S UNSHELTERED
POPULATION, IN THE TOTAL AMOUNT OF $565,248.20 FOR THE INITIAL
TERM OF THE AGREEMENT, SUBJECT TO FUNDING APPROVAL OF
$364,000.00 DURING THE FY 2023 BUDGETARY PROCESS; SAID
AGREEMENT HAVING AN INITIAL TERM, COMMENCING ON SEPTEMBER
15, 2022 AND EXPIRING ON SEPTEMBER 30, 2023, WITH ONE (1)
ADDITIONAL ONE-YEAR RENEWAL TERM, AT THE CITY'S OPTION AND
SUBJECT TO FUNDING APPROVAL.
WHEREAS, on September 30, 2021, the Mayor and City Commission adopted
Resolution No. 2021-31872, which approved the FY 22 operating budget and funded a recurring
line item for Police for treatment beds for their Marchman Program in the amount of$183,000;
and
WHEREAS, on May 20, 2022, during the Mayor and City Commission budget retreat, an
enhancement, in the amount of $364,000 for homeless contracted services to be provided by
New Hope C.O.R.P.S., Inc., was discussed to include after-hours specialized outreach and
treatment services 7 days a week from 7:00 pm to 3:00 am-; and
WHEREAS, the Administration was also tasked with assessing the need for additional
funding after the program is fully instituted; and
• WHEREAS, during July 15, 2022 and July 22, 2022 Finance and Economic Resiliency
Committee Meeting-Budget Briefings, the item was briefly discussed with no objections; and
WHEREAS, due to the need for immediate services to address homelessness and co-
occurring disorder, the Administration began negotiating the terms of the Agreement with New
Hope C.O.R.P.S., Inc.; and
WHEREAS, New Hope C.O.R.P.S., Inc. is a provider of Residential Level II beds for
treatment; and
WHEREAS, the Administration took the opportunity to negotiate pre-treatment and
treatment beds for voluntary and involuntary clients as part of the terms of an agreement with
New Hope C.O.R.P.S., Inc.; and
WHEREAS, the Administration and New Hope C.O.R.P.S., Inc. have negotiated a
Professional Services Agreement, effective September 15, 2022, to include various approaches
to address and reduce homelessness in Miami Beach, to include, without limitation, providing
shelter beds, detox services, treatment services, recovery residences, transportation, and other
related services (the "Agreement"); and
WHEREAS, the proposed Agreement limits spending for services through September
30, 2022 to a total amount not to exceed $201,248.20, which is currently funded and includes
$183,000.00 from the Police Department FY 2022 budget; and
WHEREAS, the Administration will be seeking funding approval during the FY 2023
budgetary process for the remaining $364,000.00; and
WHEREAS, the Administration recommends approving the Agreement, in the form
attached to the City Commission Memorandum accompanying this Resolution, before the
budget process has concluded to begin training New Hope Staff, reserving treatment beds, and
providing specialized after-hours outreach to address our community needs before October 1,
2022.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby approve and authorize the City Manager to execute a Professional
Services Agreement with New Hope C.O.R.P.S., Inc. to provide various housing services,
including detox, treatment, recovery, transportation and other related services for the City's
unsheltered population, in the total amount of $565,248.20 for the initial term of the
Agreement, subject to funding approval of $364,000.00 during the FY 2023 budgetary
process; said Agreement having an initial term, commencing on September 15, 2022 and
expiring on September 30, 2023, with one (1) additional one-year renewal term, at the City's
option and subject to funding approval.
PASSED and ADOPTED th•is /y day offs'`�JP✓ , 2022.
ATTEST:
'•.INCORPORATED
.r .^,D DAN GELBER, MAYOR
RAFAEL ..GRANADO, CITY CLERK
SEP 2 1 2022
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
11411°'
City Attorne % Date
Agenda Item Cl L.
Date `1-I s'-
COMMISSION MEMORANDUM-
TO: Honorable Mayor Dan Gelber and Members of the City Commission
FROM: Alina T. Hudak, City Mana.-
DATE: September 9,2022
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING
THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES
AGREEMENT WITH NEW HOPE C.O.R.P.S., INC. TO PROVIDE VARIOUS.
HOUSING SERVICES, INCLUDING DETOX, TREATMENT, RECOVERY,
TRANSPORTATION AND OTHER RELATED SERVICES FOR THE CITY'S
UNSHELTERED POPULATION,IN THE TOTAL AMOUNT OF$565,248.20 FOR
THE INITIAL TERM OF THE AGREEMENT, SUBJECT TO FUNDING
APPROVAL OF $364,000.00 DURING THE FY 2023 BUDGETARY PROCESS;
SAID AGREEMENT HAVING AN INITIAL TERM, COMMENCING ON
SEPTEMBER 15, 2022 AND EXPIRING ON SEPTEMBER 30, 2023,WITH ONE
(1)ADDITIONAL ONE-YEAR RENEWAL TERM,AT THE CITY'S OPTION AND
SUBJECT TO FUNDING APPROVAL.
ADMINISTRATION RECOMMENDATION
The Administration recommends approving the.Resolution to authorize the execution of the
$565,248.20 agreement with New Hope,C.O.R.P.S., Inc.
BACKGROUND
On May 20, 2022, during the Mayor and Commission budget retreat, an enhancement for
$364,000 for homeless contracted services was discussed to include after-hours specialized
outreach and treatment services provided by New Hope C.O.R.P.S., Inc.from 7:00 pm-3:00 am-
7 days a week.The Administration was also tasked with assessing the need for additional
funding after the program is fully instituted.
During July 15, 2022, and July 22, 2022, Finance and Economic Resiliency Committee Meeting-
Budget Briefings, the item was briefly discussed with no objections. Due to the need for
immediate services to address homelessness and co-occurring disorder, the Administration
began negotiating the terms of the Agreement with New Hope C.O.R.P.S., Inc.
On September 30, 2021, the Mayor and City Commission passed Resolution 2021-31872,
which approved the FY 22 operating budget and funded a recurring line item for Police for
treatment beds for their Marchman Program of$183,000.
As NEW HOPE C.O.R.P.S., INC. is a provider of residential level II beds for treatment; the
Administration took the opportunity to negotiate pre-treatment and treatment beds for voluntary
and involuntary clients as part of the terms of the NEW HOPE C.O.R.P.S., INC. contract.
ANALYSIS
The parties negotiated a Professional Services Agreement("Agreement")effective September
15,2022,to include various approaches to address and reduce homelessness in Miami Beach.
The services in the agreement include:
Service Unit of Service Service Location
Supervision: • On call supervision as needed by City of Miami Beach
Street Outreach contracted outreach staff.
Supervisor. Provides on- • Monthly staffing with Homeless
call supervision to Outreach team of clients in
contracted outreach residential and recovery residences.
team.
Street Outreach Staff: Two(2)outreach teams composed of two City of Miami Beach
Four(4)full-time (2)outreach team members to cover
employees which will afterhours services Monday thru Sunday
provide services to from 7pm-3am including holidays.
homeless individuals in
Miami Beach
Housing/Recovery Minimum of one three(3) bedroom property The % house will be in
Residence: to be occupied by a minimum of 6 Miami-Dade County
way housing for clients individuals with wraparound services to
in treatment recovery address substance use and co-occurring
disorders.
Treatment Beds: • Up to three (3) pre-treatment shelter Miami-Dade County
Pre-treatment and Level beds to prepare clients to transition
2 residential treatment to voluntary or involuntary treatment.
beds for individuals • Two (2) Level 2 Residential
diagnosed with treatment beds funded for 365 days
Substance Use and • One (1) Level 2 Residential
Disorder or Co-occurring Treatment bed for 270 days only
disorders billed when utilized.
The per-diem rate of the treatment bed is
$177 a day for City of Miami Beach clients
seeking voluntary or involuntary treatment
services.
The Administration currently has $201,248.20,which includes $183,000 from the Police
Department FY 22 budget and is seeking approval for an additional $364,000.00 from the FY
2023 budget.
The Administration is seeking authorization for the City Manager to execute the agreement before
the budget process has concluded to begin training New Hope Staff, reserving treatment beds,
and providing specialized after-hours outreach to address our community needs before October
1, 2022. This will provide the Administration with an opportunity to assess the effectiveness of the
services better and make additional recommendations. The proposed Agreement has limited
spending for services to $201,248.20 through September 30,2022.
CONCLUSION
The Administration recommends approving and authorizing the City Manager to execute the
agreement with New Hope C.O.R.P.S., Inc. in the form attached to this City Commission
memorandum.
Resolutions C7 L
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Alina'T. Hudak, City Manager
DATE: September 14, 2022
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA,APPROVING AND AUTHORIZING THE CITY
MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT
WITH NEW HOME C.O.R.P.S., INC. TO PROVIDE HOUSING, DETOX,
TRANSPORTATION AND OTHER RELATED SERVICES FOR THE CITY'S
UNSHELTERED POPULATION IN THE TOTAL AMOUNT OF $565,248.20;
SAID AGREEMENT HAVING AN INITIAL TERM, COMMENCING ON
SEPTEMBER 15, 2022 AND EXPIRING ON SEPTEMBER 30, 2023, WITH
ONE (1) ADDITIONAL ONE-YEAR RENEWAL TERM, AT THE CITY'S
OPTION AND SUBJECT TO FUNDING APPROVAL.
RECOMMENDATION
The Administration recommends approving the Resolution to authorize the execution of the
$565,248.20 agreement with New Hope C.O.R.P.S.,Inc.
BACKGROUND/HISTORY
On May 20, 2022, during the Mayor and Commission budget retreat, an enhancement for
$364,000 for homeless contracted services was discussed to include after-hours specialized
outreach and treatment services provided by New Hope C.O.R.P.S., Inc. from 7:00 pm-3:00
am-7 days a week. The Administration was also tasked with assessing the need for additional
funding after the program is fully instituted.
During July 15, 2022, and July 22, 2022, Finance and Economic Resiliency Committee
Meeting-Budget Briefings, the item was briefly discussed with no objections. Due to the need
for immediate services to address homelessness and co-occurring disorder, the Administration
began negotiating the terms of the Agreement with New Hope C.O.R.P.S., Inc.
On September 30, 2021, the Mayor and City Commission passed Resolution 2021-31872,
which approved the FY 22 operating budget and funded a recurring line item for Police for
treatment beds for their Marchman Program of$183,000.
As NEW HOPE C.O.R.P.S., INC. is a provider of Residential Level II beds for treatment; the
Administration took the opportunity to negotiate pre-treatment and treatment beds for voluntary
and involuntary clients as part of the terms of the NEW HOPE C.O.R.P.S., INC. contract.
Page 387 of 1700
ANALYSIS
The Administration drafted the agreement effective September 15,2022 to include various
approaches to address and reduce homelessness in Miami Beach.
The services in the agreement include:
Service Unit of Service Service Location
Supervision: •On call supervision as needed by ' City of Miami Beach
Street Outreach i contracted outreach staff.
Supervisor. Provides ! • Monthly staffing with Homeless
on-call supervision to Outreach team of clients in residential
contracted outreach ! and recovery residences.
steam.
Street Outreach Two(2)outreach teams composed of City of Miami Beach
Staff: two (2)outreach team members to
Four(4)full-time i cover afterhours services Monday thru
employees which will Sunday from 7pm-3am including
provide services to holidays.
homeless individuals in
, Miami Beach 1
Housing/Recovery ; Minimum of one three (3)bedroom The 3 house will be in
Residence: property to be occupied by a minimum Miami-Dade County
3 way housing for of 6 individuals with wraparound
clients in treatment services to address substance use and
recovery co-occurring disorders.
Treatment Beds: ; • Up to three (3)pre-treatment shelter . Miami-Dade County
Pre-treatment and beds to prepare clients to transition to
Level 2 residential voluntary or involuntary treatment.
treatment beds for - Two (2) Level 2 Residential treatment.
individuals diagnosed beds funded for 365 days
with Substance Use ` • One (1) Level 2 Residential Treatment
and Disorder or Co- bed for 270 days only billed when
occurring disorders utilized.
The per-diem rate of the treatment bed
is$177 a day for City of Miami Beach
clients seeking voluntary or involuntary i
treatment services.
The Administration is seeking authorization for the City Manager to execute the agreement
before the budget process has concluded to begin training New Hope Staff, reserving treatment
beds, and providing specialized after-hours outreach to address our community needs before
October 1, 2022. This will provide the Administration to assess the effectiveness of the services
better and make additional recommendations.
SUPPORTING SURVEY DATA
Page 388 of 1700
Homelessness was found to be the number one issue within the resident survey.
FINANCIAL INFORMATION
FY 22-23 Budget enhancement and Police treatment bed line item
Amount(s)/Acount(s):
011-1120-000343-20-401-595-00-00-00-Police
011-0560-000349-23-405-575-00-00-00-Housing and Community Services
CONCLUSION
The Administration recommends approving the execution of the agreement with NEW HOPE
C.O.R.P.S., I NC and authorizing the City Manager to execute any written agreement.
Applicable Area
Citywide
Is this a"Residents Right Does this item utilize G.O.
to Know" item, pursuant to Bond Funds?
City Code Section 2-14?
No No
Strategic Connection
Mobility-Address homelessness.
Legislative Tracking
Housing and Community Services •
Sponsor
Vice-Mayor Alex Fernandez
ATTACHMENTS:
Description
o New Hope Agreement
Page 389 of 1700
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF MIAMI BEACH
AND
NEW HOPE C.O.R.P.S., Inc.
This Professional Services Agreement ("Agreement") is entered into this day of
20 , with an effective date of September 15, 2022 ("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 NEW HOPE C.O.R.P.S., INC., whose address is 1020 N.
Krome Ave Homestead, FL 33030("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.
Contractor: For the purposes of this Agreement, Contractor shall be deemed to be an
independent Contractor, and not an agent or employee of the City.
Services: All services, work and actions by the Contractor performed or undertaken
pursuant to the Agreement.
Fee: Amount paid to the Contractor as compensation for Services.
Risk Manager. The Risk Manager of the City, with offices at 1700 Convention Center
Drive, Third Floor, Miami Beach, Florida 33139; telephone number(305)
673-7000, Ext. 26435; and fax number(305)673-7023.
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 described in Exhibit"A" hereto(the °Services").
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Although Contractor may receive 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:
City of Miami Beach
Office of Housing & Community Services
Attention: Alba Ana Tarre, Department Director
1700 Convention Center Drive
Miami Beach, Florida 33139
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 the Effective Date set forth on p. 1
hereof, and shall have an initial term ending on September 30,2023, with one (1) renewal term,
for a period of up to one(1)additional year,to be exercised at the City Manager's sole option and
discretion, by providing Contractor with written notice of same no less than thirty (30) days prior
to the expiration of the initial term. The initial term and the renewal term, if approved by the City,
shall be collectively referred to herein as the°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 compensated on a
fixed fee basis, for a total not to exceed: Five Hundred Sixty-Five Thousand Six Hundred Forty-
Eight Dollars and Twenty Cents. ($565,248.20). Contractor shall be paid its Fee in accordance
with the Budget that is incorporated herein by reference and attached hereto as Exhibit"A-1".
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Page 391 of 1700
Any change to the Budget shall require the written consent of the City Manager, which consent
shall be memorialized in the form of an amendment to the Agreement, executed by both parties.
Any change to the total budgeted Fee amount shall require the approval of the City Commission.
Funding for this Agreement is subject to funding approval by the City Commission. In the event
that funding for the Services is not approved or is no longer available, the City reserves the right
to terminate the Agreement for convenience pursuant to Section 5.2.
4.2 Contractor shall be compensated for the Services, as more specifically set forth in
Exhibit "A" as follows:
The Contractor shall submit monthly requests for payment including payroll
records and other applicable back-up documentation no later than the 10th day of
the succeeding month. Compensation will be issued in corresponding monthly
installments.
4.3 Contractor shall provide the City with a detailed invoice, on a monthly basis, that
details all services performed by Contractor in a particular month. Contractor invoices
are subject to review and approval. The City shall not remit any payment to Contractor
unless Contractor provides a detailed invoice that is acceptable to the City.
4.4 INVOICING
Upon receipt of an acceptable and approved invoice, payment(s)shall be made within forty-five
(45) days for that portion (or those portions) of the Services satisfactorily rendered (and
• referenced in the particular invoice).
Invoices shall include a detailed description of the Services (or portions thereof) provided, and
shall be submitted to the City at the following address:
City of Miami Beach
• Office of Housing &Community Services
Attention: Alba Ana Tarre, Department Director
1700 Convention Center Drive
Miami Beach, Florida 33139
SECTION 5
TERMINATION
5.1 TERMINATION FOR CAUSE
If the Contractor shall fail to fulfill in a timely manner, or otherwise violates,any of the covenants,
agreements, or stipulations material to this Agreement, the City, through its City Manager, shall
thereupon have the right to terminate this Agreement for cause. Prior to exercising its option to
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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 for 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 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
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Page 393 of 1700
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.
The insurance must be furnished by insurance companies authorized to do business in the State
of Florida. All insurance policies must be issued by companies rated no less than "B+" as to
management and not less than "Class VI" as to strength by the latest edition of Best's Insurance
Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent.
Timely renewal certificates will be provided to the City as coverage renews. The insurance
certificates for General Liability shall include the City as an additional insured and shall contain a
waiver of subrogation endorsement. Contractor's insurance shall be primary and not contributory
for direct claims arising out of the Agreement under the Commercial General Liability policy. If the
Professional Liability coverage is provided on a claims made basis, then such insurance shall
continue for(3)years following the expiration or termination of the Agreement.
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.
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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.
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.
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Page 395 of 1700
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 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
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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 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:
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.
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10.3 ASSIGNMENT.TRANSFER OR SUBCONSULTING
Contractor shall not subcontract,assign, or transfer all or any portion of any work andior 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 shall not exclude from
participation in,deny the benefits of, or subject to discrimination anyone on the grounds of race,
color, national origin, sex, age, disability, religion, income or family status.
Additionally, Contractor shall comply fully with the City of Miami Beach Human Rights
Ordinance, codified in Chapter 62 of the City Code, as may be amended from time to time,
prohibiting discrimination in employment, housing, public accommodations, and public services
on account of actual or perceived race,color,national origin, religion,sex,intersexuality,gender
identity, sexual orientation, marital and familial status, age, disability, 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 Stat-
utes, 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
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Page 398 of 1700
means all documents, papers, letters, maps, books, tapes, photographs, films, sound re-
cordings, 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 ser-
vice;
(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 rec-
ords 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 du-
plicate public records that are exempt or confidential and exempt from public rec-
ords disclosure requirements. If the Contractor keeps and maintains public records
upon completion of the Agreement, the Contractor shall meet all applicable re-
quirements 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 ser-
vices 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 Agree-
ment; 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 shalt assess and award against
the Contractor the reasonable costs of enforcement, including reasonable attor-
neys'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.
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(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 Contractors address listed on its con-
tract 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 Guaran-
teed, or certified mail, with postage or shipping paid by the sender and with evi-
dence 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 APPLI-
CATION OF CHAPTER 119, FLORIDA STATUTES, OR AS TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELAT-
ING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUB-
LIC RECORDS AT:
CITY OF MIAMI BEACH
ATTENTION: RAFAEL E. GRANADO, CITY CLERK
1700 CONVENTION CENTER DRIVE
MIAMI BEACH, FLORIDA 33139
E-MAIL: RAFAELGRANADO(a MIAMIBEACHFL.GOV
PHONE: 305-673-7411
10.8 FORCE MAJEURE
(A) A"Force Majeure" event is an event that (i)in fact causes a delay in the performance of
the Contractor or the City's obligations under the Agreement, and (ii) is beyond the
reasonable control of such party unable to perform the obligation, and (iii)is not due to an
intentional act, error, omission, or negligence of such party, and (iv) could not have
reasonably been foreseen and prepared for by such party at any time prior to the
occurrence of the event. Subject to the foregoing criteria, Force Majeure may include
events such as war, civil insurrection, riot, fires, epidemics, pandemics, terrorism,
sabotage, explosions, embargo restrictions, quarantine restrictions, transportation
accidents, strikes, strong hurricanes or tornadoes, earthquakes, or other acts of God
which prevent performance. Force Majeure shall not include technological impossibility,
inclement weather, or failure to secure any of the required permits pursuant to the
Agreement.
(B) If the City or Contractor's performance of its contractual obligations is prevented or
delayed by an event believed by to be Force Majeure, such party shall immediately, upon
learning of the occurrence of the event or of the commencement of any such delay, but in
any case within fifteen(15)business days thereof, provide notice: (i)of the occurrence of
event of Force Majeure, (ii)of the nature of the event and the cause thereof, (iii) of the
anticipated impact on the Agreement, (iv)of the anticipated period of the delay, and(v)of
what course of action such party plans to take in order to mitigate the detrimental effects
of the event.The timely delivery of the notice of the occurrence of a Force Majeure event
is a condition precedent to allowance of any relief pursuant to this section; however,
receipt of such notice shall not constitute acceptance that the event claimed to be a Force
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Majeure event is in fact Force Majeure, and the burden of proof of the occurrence of a
Force Majeure event shall be on the requesting party.
(C) No party hereto shall be liable for its failure to carry out its obligations under the Agreement
during a period when such party is rendered unable, in whole or in part, by Force Majeure
to carry out such obligations. The suspension of any of the obligations under this
Agreement due to a Force Majeure event shall be of no greater scope and no longer
duration than is required. The party shall use its reasonable best efforts to continue to
perform its obligations hereunder to the extent such obligations are not affected or are
only partially affected by the Force Majeure event, and to correct or cure the event or
condition excusing performance and otherwise to remedy its inability to perform to the
extent its inability to perform is the direct result of the Force Majeure event with all
reasonable dispatch.
(D) Obligations pursuant to the Agreement that arose before the occurrence of a Force
Majeure event, causing the suspension of performance, shall not be excused as a result
of such occurrence unless such occurrence makes such performance not reasonably
possible. The obligation to pay money in a timely manner for obligations and liabilities
which matured prior to the occurrence of a Force Majeure event shall not be subject to the
Force Majeure provisions.
(E) Notwithstanding any other provision to the contrary herein, in the event of a Force Majeure
occurrence, the City may, at the sole discretion of the City Manager, suspend the City's
payment obligations under the Agreement,and may take such action without regard to the
notice requirements herein. Additionally, in the event that an event of Force Majeure
delays a party's performance under the Agreement for a time period greater than thirty
(30) days, the City may, at the sole discretion of the City Manager, terminate the
Agreement on a given date, by giving written notice to Contractor of such termination. If
the Agreement is terminated pursuant to this section, 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. In no event will any condition of Force Majeure extend this Agreement
beyond its stated term.
10.9 E-VERIFY
(A) To the extent that Contractor provides labor, supplies, or services under this Agreement,
Contractor shall comply with Section 448.095, Florida Statutes, "Employment Eligibility"
("E-Verify Statute"), as may be amended from time to time. Pursuant to the E-Verify
Statute, commencing on January 1, 2021, Contractor shall register with and use the E-
Verify system to verify the work authorization status of all newly hired employees during
the Term of the Agreement. Additionally, Contractor shall expressly require any
subcontractor performing work or providing services pursuant to the Agreement to likewise
utilize the U.S. Department of Homeland Security's E-Verify system to verify the
employment eligibility of all new employees hired by the subcontractor during the contract
Term. If Contractor enters into a contract with an approved subcontractor, the
subcontractor must provide the Contractor with an affidavit stating that the subcontractor
does not employ, contract with, or subcontract with an unauthorized alien. Contractor
shall maintain a copy of such affidavit for the duration of the contract or such other
extended period as may be required under this Agreement.
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Page 401 of 1700
(B) TERMINATION RIGHTS.
(1) If the City has a good faith belief that Contractor has knowingly violated Section
448.09(1), Florida Statutes,which prohibits any person from knowingly employing,
hiring, recruiting, or referring an alien who is not duly authorized to work by the
immigration laws or the Attorney General of the United States, the City shall
terminate this Agreement with Contractor for cause, and the City shall thereafter
have or owe no further obligation or liability to Contractor.
(2) If the City has a good faith belief that a subcontractor has knowingly violated the
foregoing Subsection 10.9(A), but the Contractor otherwise complied with such
subsection, the City will promptly notify the Contractor and order the Contractor to
immediately terminate the contract with the subcontractor. Contractor's failure to
terminate a subcontractor shall be an event of default under this Agreement,
entitling City to terminate the Contractor's Agreement for cause.
(3) A contract terminated under the foregoing Subsection (BX1) or (B)(2) is not in
breach of contract and may not be considered as such.
(4) The City or Contractor or a subcontractor may file an action with the Circuit or
County Court to challenge a termination under the foregoing Subsection(B)(1)or
(B)(2) no later than 20 calendar days after the date on which the contract was
terminated.
(5) If the City terminates the Agreement with Contractor under the foregoing
Subsection (B)(1), Contractor may not be awarded a public contract for at least 1
year after the date of termination of this Agreement.
(6) Contractor is liable for any additional costs incurred by the City as a result of the
termination of this Agreement under this Section 10.9.
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: New Hope C.O.R.P.S., Inc.
Attention: New Hope C.O.R.P.S., Inc.
1020 N. Krome Ave
Homestead, FL 33030
Office: 786-243-1003
Cell: 786-877-3758
TO CITY: City of Miami Beach, Florida
Office of Housing and Community Services
Attention:Alba Ana Tarre, Department Director
1700 Convention Center Drive
Miami Beach, Florida 33139
(305)673-7491
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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.
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.
14
Page 403 of 1700
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:
By:
Rafael E. Granado, City Clerk Alina T. Hudak, City Manager
Date:
FOR CONTRACTOR: NEW HOPE C.O.R.P.S, INC.
ATTEST:
By:
Print Name and Title Print Name and Title
Date:
APPRO\FD AS TO
FORM&LANGUAGE
,ittptt[XECUT,;
% \\C.-- 09141
13:Cy At:O%ie'y .Zi/L1 L)a:C
15
Page 404 of 1700
EXHIBIT"A"
"SCOPE OF SERVICES"
Contractor staff must provide outreach services 7 days a week from 7pm-3am.The two outreach
teams composed of two staff members must provide daily encounters with the homeless
population of Miami Beach, engagement for shelter/treatment services, HMIS reporting of those
encounters, VI-SPRAT Assessments, coordination of placement to shelter services, detox
services, and transportation and other tasks necessary to house the unsheltered population of
Miami Beach. Contractor must also provide pre-treatment beds, treatment beds, and recovery
residences.
Contractor staff must advise the City of any changes to service delivery, including but not limited
to language barriers, capacity issues, client concerns, staff concerns, and scheduling changes,
within 24 hours.
Service Documentation of Service
Supervision: Completion of the following documents:
Street Outreach Supervisor.
Provides on-call supervision to 1. Employee Timesheets
contracted outreach team.
Street Outreach Staff: Completion of the following documents:
Four(4)full-time employees who
will provide services to homeless 1. Employee Timesheets
individuals in Miami Beach 2. Monthly HMIS contact report
Transportation: Completion of the following documents:
Vehicle cost/maintenance and
gas costs to transport clients to 1. Receipts
receive services. 2. Invoices
Housing/Recovery Residence: Completion of the following documents:
'/.way housing for clients in 1. Referral for recovery residence by Homeless Outreach
treatment recovery Services Team
2. Bi-Weekly bed roster report
3. HMIS report on service
4. Monthly Progress updates
Treatment Beds: Completion of the following documents:
Pre-treatment and Level 2 1. Referral for involuntary Police-Marchman clients
residential(voluntary and/or seeking treatment or Referral for voluntary pre-
involuntary)treatment beds for treatment or treatment beds by Homeless Outreach
individuals diagnosed with Services Team or New Hope Contracted team.
Substance Use and Disorder or 2. HMIS report on service
Co-occurring disorders 3. Daily bed roster report
4. Monthly Progress Updates
Service Deliverables
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Services must be delivered as follows: Timeframe
Service Unit of Service Service
Location
Supervision: • On call supervision as City of Miami Upon execution and of
Street Outreach needed by contracted Beach agreement
Supervisor. outreach staff. provided through
Provides on-call • Monthly staffing with September 30, 2023.
supervision to Homeless Outreach
contracted team of clients in
outreach team. residential and
recovery residences.
Street Outreach Two(2)outreach teams City of Miami Upon execution of
Staff: composed of two(2)outreach Beach agreement and
Four(4)full-time team members to cover provided through
employees who afterhours services Monday September 30, 2023
will provide thru Sunday from 7pm-3am
services to including holidays.
homeless
individuals in
Miami Beach
Housing! Minimum of one three(3) The%house Upon execution of
Recovery bedroom property to be will be in Miami- agreement and
Residence: occupied by a minimum of 6 Dade County provided through
%way housing individuals with wraparound September 30,2023
for clients in services to address substance
treatment use and co-occurring
recovery disorders.
Treatment • Up to three(3)pre- Miami-Dade Upon execution of
Beds: treatment shelter beds County agreement and
Pre-treatment to prepare clients to provided through
and Level 2 transition to voluntary September 30, 2023
residential or involuntary
treatment beds treatment.
for individuals • Two(2)Level 2
diagnosed with Residential treatment
Substance Use beds funded for 365
and Disorder or days
Co-occurring • One(1)Level 2
disorders Residential Treatment
bed for 270 days only
billed when utilized.
The per-diem rate of the
treatment bed is$177 a day
for City of Miami Beach clients
seeking voluntary or
involuntary treatment services.
17
Penalties for Failure to Perform
If the contractor fails on three occasions to submit required, accurate documentation in the
timeframe allotted, including the notification of absence email,the Contractor will forfeit two(2%)
percent of the combined billed total for the months in which inaccuracies took place. Documents
submitted within the required timeframe and found to be insufficient are subject to penalties for
failure to perform.
If the contractor fails on three occasions to submit required, accurate documentation in the
timeframe allotted within the contract Term, the Contractor is subject to termination of any further
service referrals, but Contractor will be allowed to complete the service units allotted to existing
clients.The decision to cease additional referrals rests is the sole discretion of the City.
"Required,accurate documentation"may refer to:
• Monthly invoices
• Monthly receipts
• Monthly client lists
• HMIS reports
• Any document required by this Agreement
If any individual employed by or independently contracted with the Contractor fails, on more than
one occasion,to attend a scheduled outreach without notifying the City of an impending absence,
the City reserves the right to remove that individual from the Contractor's staff roster for the
purposes of this Contract.
If the Contractor is unable to fulfill the contracted service level within the allocated timeframe for
each service component, the City reserves the right to reduce service levels accordingly across
the funded service spectrum and terminate this Agreement at its discretion.
If the Contractor is unable to fulfill the contracted service level and the City subsequently reduces
service and funding levels, the City reserves the right to select another vendor to fulfill the
remaining service units.The City will select the alternate vendor at its sole discretion.
Employee! Contractor File Review
The following documentation must be included in the employee/contractor file for all
employees/contractors providing services under this contract.
The following must be included in the employee files:
• Employment Application
• Job Description Signed by Employee
• Confidentiality Agreement Re: Client Information
• Authorized time sheets, records, and attendance sheets to document the staff time billed
to provide Services pursuant to this Agreement
• Daily activity logs and monthly calendars of the provision of Services pursuant to this
Agreement
• 1-9 Verification on File
18
• Social Security Card
• Employee background screening
Monitoring visits shall take place within thirty (30) days of the commencement of services. The
City will provide the Contractor a minimum of two(2)business days' notice prior to a monitoring
visit.
The City reserves the right to inspect employee/contractor files with due notice(at least forty-eight
(48)hours in advance of planned site visit)to ensure adherence to contractual expectations.
Evaluation
The City will conduct intermittent performance evaluations for the purpose of monitoring the
Contractor's performance.The City will conduct said evaluations utilizing a tool of its choice and
at its sole discretion.
Reporting Requirements
Daily Summary Report: Contractor will complete and submit an end of service day report
(Exhibit "C") to the City's designated staff member via email daily. This report will include a
summary of the following: afterhours daily contacts, placements or services provided, and
challenges encountered..This report must be submitted no later than 8:30am.
Monthly Progress! Reimbursement Report: Each month, the Contractor will provide the City
with a monthly progress report and reimbursement request utilizing the City's Reporting and
Reimbursement Forms(Exhibit"B")by 5:00 PM on the tenth(10t)of the following month.In the
• event that the tenth of the month lands on a Saturday, Sunday or holiday, the report must be
submitted the following business day.
Monthly reports and reimbursement requests may be submitted via any of the following methods:
• Electronic mail
• Standard mail
• Hand delivery
Monthly reports will not be considered acceptable unless the following is met:
• Forms are completely and accurately filled
• Necessary back-up materials are included (service documentation, sign-in sheets,
etc.)
• Reports bear the signature of the authorized agency representative submitting the
report on behalf of the Contractor
Monitoring & Performance Reviews
The City reserves the right to inspect, monitor and/or audit the Contractor to ensure contractual
compliance.This includes,but is not limited to:
• Review of on-site service delivery
• Inspection and review of budgetary and employee files (for those employees providing
services under this Agreement)
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Page 408 of 1700
Promotion & Public Relations Requirements
The Contractor agrees to receive City of Miami Beach Homeless Outreach Program Brochures
and make them available to clients during all in-person client interactions.
Client Termination
Contractor staff must notify the Homeless Outreach Services Program Coordinator of any
termination of shelter bed,treatment bed, or service interruption within 24 hours via email.
Additional Documentation
The following documentation must be submitted with this executed agreement:
• All required insurance certificates
• Copy of most recent financial audit,as appropriate
• Copy of required business licenses and permits
• List of all members of Contractor's Board of Directors, if applicable
• Contractor's Board of Directors by-laws, if applicable
• Conflict of Interest policy
• Agency 990 Form
• Agency W-9 Form
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.
20
EXHIBIT"B"
INVOICING
The Contractor agrees to provide the invoicing and services documentation as indicated utilizing
the following forms attached herein:
• Monthly Service Summary Report, and
• Monthly Reimbursement Request
• HMIS report
21
• 1700
EXHIBIT"C"
ATTACHMENTS
The following reference documents are attached:
• End of Service Day Report
22
1 of 1700
EXHIBIT"A-1" .
BUDGET
Nair Noma-MIMY Math•Ideas Noun Soadabad Street Otsu8adh Proled
A.Personnel Deseriptdon RE Annual Salary i Mna i Fringes. Totakest
Street Outreach Supervisor:This position would be an
call(or the after hours street outreach staff,in the 0.20 $ 63,000.00 $ 2,772.00 S 15�72.00
event there is a need consultation with supervisor .2 FTE fP 563K base pills fringes of 22%for 6 months
Street Outman Staff:This line item consist of 4 FTE's.
Two teams to cover after hour shifts(7pm-3aml,
seven days per week.A team will consist of 2 staff.
These shifts will offer time and a quarter(1.25)hourly
rate as an incentive to cover after hour shifts.On
average,the pay would be$25 per hour.Duties
include encounter,engagement.HMIS entry,VI.
. SPDAT,assessments.coordinate placement in shelter,
debts,treatment.transportation and other task
necessary to house unsheltered individuals served. 4FTE#25 per hour:52K base plus frineesof 22% 4.00 $ 52,000.00 $ 45760.00 $ 253,760.00
S • 5 -
$269,133.00
Total Personnel. otter Mlls/ye. Ratak/ml ;Total Core
B.Tra sPorudi n .. Expense Description . : Cost/M T
Gas and maintenance Mileage a 1,200 miles per month#$0 25/miles $0 14,400 $0.25 $ 3,600.00
Vehicle Lease Vehicle lease gp5450.30/month•Car Insurance of$350/month• $600
_ Total Transportation $ 9'�•00
S 13,200.00
nreportation .Ayrpgge fousehddsjQesit Agantla TotMfad
C.Nordlp flicceery Residence. ..... . .. . ... !!se Oaalpllo".
Recovery Residence:This line item would Cow the
set up and monthly cost of a 3 bedroom house to 6 12 5 29,304.00
house 6individuals. Cost is calculated at FMR/MOC Standard Rate 52,442
Rental security deposit 3 months security deposit will be offered $7,326 $ 7,126.00
For 6 individuals:Bed&Mattress O 5500;Sheets,Blanker,Towels IP
Furnishing and Fissures 5200,Dresser a$300•1 TVs!$400•Pots,Pans.Cutlery!$100
per unit $1,083 6 $ 6,500.00
Recurring Utilities Wi•fi and Utilities$350 mectric and$100 Wi-Fl $450 12 $ 5,400.00
$93 6 S
Total Housing/RR $ 42,530.00
Subtotal A-C $330,1162,00
D.Adult RaMaetWleer2Trmattrnet Beds Win EmmenDeralptio!! PeeDlemRata;Total edDays: TotalCost
- ResidentialTreatment beds for Individuals diagnosed The contract rate is a bundled rate et$177 per-diem,per bed,This is
with Substance Use Disorder(SUD)or Co-occurring New Hopes'current contracted rate with OCF through TTv1SF.This
disorder;level of care and services will be provided in line Item will fund 2 beds.The 2 beds will he set asside for 365 days
accordance with Department of Children and Families of MB fiscal year.It will also fund 1 bed for 270 days and wil,be
state license standards for Residential Level 2 billed per bed days unfired.
nutrient beds. 5177 1000 S 177,000.00
Total Residential ravel 2 Sods S 177.000.00
•
E.hFTl�btwst HmereenrySlrMer(ES)Bedsse Description .. _._Rate.Total Bed Days-. _ .—
Taal Cast
Emergency Shelter(ES)beds for individuals requesting
shelter placement Beds would be prioritized for
individuals requesting voluntarySUD treatment who The rate is$31.25 per-diem for 2 or 3 beds to be set asside as ES Pre-
ara on waldist for treatment placement.These beds Treatment Beds.56000 would fund 2 beds%days or 3 beds for 64
are ref ered to as Pre-Treatment Beds days. $ 31.25 192 S 6,003.00
Tout Pis-Treatment ES Beds SIE000'00
Subtotal ME
$ 51,306.20
Monte a LO%NNC
Total Afterhoutsaforisiire RR-Residential Tx Beds SSE6.240.21)
a,®
•
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