Resolution 2022-32429 RESOLUTION NO. 2022-32429
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING, IN SUBSTANTIAL FORM,
AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY AND THE SUNDARI FOUNDATION, INC. (LOTUS
HOUSE) FOR EMERGENCY SHELTER BED SERVICES; SAID AMENDMENT
APPROVING A RENEWAL TERM FOR A PERIOD OF NINE (9) MONTHS,
FROM JANUARY 1, 2023 TO SEPTEMBER 30, 2023, AND INCREASING THE
TOTAL AMOUNT OF DAILY SHELTER BEDS FROM FOUR (4) TO SIX (6),
THEREBY INCREASING THE CONTRACT AMOUNT FROM $49,410.00 TO
AN AMOUNT'NOT TO EXCEED $119,025.00; AND FURTHER AUTHORIZING
THE CITY MANAGER TO FINALIZE AND EXECUTE THE AMENDMENT.
WHEREAS, the Administration identified an ongoing need for shelter services for
females; and
WHEREAS, Sundari Foundation, Inc. d/b/a Lotus House a/k/a Lotus House Women's
Shelter(Lotus House) provides shelter beds for single females and children; and
WHEREAS, on April 8, 2022, the City and Lotus House executed a Professional
Services Agreement (Agreement) for four (4) daily emergency shelter beds, having an initial
term ending on September 30, 2022, with one (1) renewal term, at the discretion of the City
Manager, in an amount not to exceed $49,410.00; and
WHEREAS, on September 28, 2022, the Mayor & City Commission adopted Resolution
No. 2022-32314, adopting the Final Operating Budget for the FY 2023 General Funds, which
included $79,880.25 for the Lotus House for FY 2023 for emergency shelter services; and
WHEREAS, on October 6, 2022, the Administration executed Amendment No. 1 to the
Agreement, extending the Agreement until December.31, 2022, to avoid a lapse in services;
provided that the total contract amount did not exceed $100,000.00 and that the renewal term of
the Agreement would be approved by the City commission; and
WHEREAS, the Administration negotiated two (2) additional shelter beds, for a total of
six (6) daily shelter beds, at the rate of $42.50 per bed, per day from January 1, 2023 to
September 30, 2023; and
WHEREAS, the approval of the nine (9) month renewal term, along with the addition of
two (2) more shelter beds per day, will increase the contract amount by $69,615.00, from the
original contract amount of $49,410.00, to an amount not to exceed $119,025.00, thereby
exceeding the City Manager's purchasing authority of $100,000.00 under the City Code and
requiring City Commission approval of the renewal term and modification to the scope of the
Agreement; and -
WHEREAS, the City Manager recommends approving, in substantial form, Amendment
No. 2 to the Agreement, a draft copy of which is attached to the City Commission Memorandum
accompanying this Resolution; said amendment approving the renewal term under the
Agreement for a period of nine (9) months, from January 1, 2023 to September 30, 2023, and
the amendment to the scope of the Agreement, increasing the total number of daily shelter beds
to six (6), and increasing the total contract amount to an amount not to exceed $119,025.00.
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, in substantial form, Amendment No. 2 to the Professional Services Agreement
between the City and the Sundari Foundation, Inc. (Lotus House) for emergency shelter bed
services; said amendment approving a renewal term for a period of nine (9) months, from
January 1, 2023 to September 30, 2023, and increasing the total amount of daily shelter beds
from four (4) to six (6), thereby increasing the contract amount from $49,410.00 to an amount
not to exceed $119,025.00; and further authorize the City Manager to finalize and execute the
Amendment.
PASSED and ADOPTED this iq day of Dear/the( , 2022.
ATTEST:
DAN GELBER, MAYOR
DEC 1 6 2022
RAFAEL E. GRANADO, CITY CLERK ,,,Vts.s' ,
(IfCO PH OP,ATED'
,Cty
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
r? (2— 6 -
City Attorney p� 1 Date
WR/II/
Resolutions-C7 F
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Alina T. Hudak, City Manager
DATE: December 14, 2022
SUBJECT A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, APPROVING, IN SUBSTANTIAL FORM,
AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY AND THE SUNDARI FOUNDATION, INC. (LOTUS
HOUSE) FOR EMERGENCY SHELTER BED SERVICES; SAID
AMENDMENT APPROVING A RENEWAL TERM FOR A PERIOD OF NINE
(9) MONTHS, FROM JANUARY 1, 2023 TO SEPTEMBER 30, 2023, AND
INCREASING THE TOTAL AMOUNT OF DAILY SHELTER BEDS FROM
FOUR (4) TO SIX (6), THEREBY INCREASING THE CONTRACT AMOUNT
FROM $49,410.00 TO AN AMOUNT NOT TO EXCEED $119,025.00; AND
FURTHER AUTHORIZING THE CITY MANAGER TO FINALIZE AND
EXECUTE THE AMENDMENT.
RECOMMENDATION
The Administration recommends the approval of the resolution.
BACKGROUND/HISTORY
The Homeless Outreach Services Office has seen an influx of females requesting emergency
shelter and homeless-related services. The Continuum of Care is currently experiencing a
shortage in female shelter bed capacity, which has posed a challenge to assisting homeless
females in Miami. Beach with ending their homelessness.The Lotus House specializes in
evidence-based trauma counseling and resolution, health and wellness programming, and
education advancement for women and children.
On April 8, 2022, to further address the needs of the women in our community,the City of Miami
Beach and the Sunder' Foundation, Inc. executed an agreement for emergency shelter beds in
an amount not to exceed $49,410.00 with an expiration date of September 30,2022.
Since execution, this agreement has provided shelter beds for fourteen (14) women, some of
whom were chronically homeless and vulnerable, and required specialized care and wrap-
around services. The Administration is requesting additional beds for single women, which Will
exceed the $100,000 threshold for the City Manager's authority to approve service
agreements.
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On September 28, 2022, the Mayor& City Commission adopted Resolution No. 2022-32314,
adopting the Final Operating Budgets for the FY 2023 General Funds, whereby recommended
that $79,880.25 be allocated to the Lotus House Shelter FY 2023. The FY 2022 agreemprit
was amended and extended until December 31, 2022. The Administration negotiated two;,(2)
additional shelter beds at the rate of$42.50 in an amount not to exceed $23,205 from January
1, 2023,to September 30,2023. 11
On October 6, 2022, the Administration executed Amendment No. 1 to extend the agreement
from September 30, 2022 until December 31, 2022, to avoid a lapse in emergency shelter
services.
ANALYSIS
The Administration drafted the FY 2023 agreement to include up to six (6) shelter beds to
address and reduce homelessness amongst women and children in Miami Beach.
The services in the FY 2023 agreement include:
Unit of Service Description of Service
Service
6 shelter beds per
day,with additional Attendance Roster
beds if requested and
Emergency available
Housing
3 meals per day/per
client placed Attendance Roster
Meals
1 Report Daily Attendance Roster
II
Bed Roster
Report
Service deliverables for the FY 2023 agreement will include Case Management services with an
Page 370 of 952
emphasis on obtaining stability,entitlements, and housing.
The Administration is currently seeking the renewal of the current Professional Services
Agreement and authorization for the City Manager to execute and extend any written agreement.
SUPPORTING SURVEY DATA
N/A
FINANCIAL INFORMATION
N/A
Amount(s)/Account(s):
$69,615
011-02320-000349
CONCLUSION
The Administration recommends approving the renewal of the agreement with the Sundari
Foundation, Inc. Dba Lotus House Shelter and authorizing the City Manager to execute and
extend any written agreement.
Applicable Area
Not Applicable
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 Trackino
Housing and Community Services
ATTACHMENTS:
Description
• FY 21-22 Amendment No. 1
o FY 21-22 Agreement
o FY 22-23 Agreement
• Resolution
Page 371 of 952
JULU011y11 CIIVCIUNC IV.CGIiDCOJO-,) bI,-MOO I-VC t U-`JCL4/WLtL,Cr I
•
AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF MIAMI BEACH
AND
THE SUNDARI FOUNDATION, INC. D/B/A LOTUS HOUSE
A/K/A LOTUS HOUSE WOMEN'S SHELTER
FOR
EMERGENCY SHELTER SERVICES
This Amendment No. 1 ( Amendment") to the Professional Services Agreement dated April 8,
2022 (Agreement"), 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 THE SUNDARI
FOUNDATION, INC. D/B/A LOTUS HOUSE A/K/A LOTUS HOUSE WOMEN'S SHELTER,
MaddressA
7 NW 15T" Avenue, Miami, FL 33136 ("Consultant"), is entered into this
ay of 2022.
RECITALS
WHEREAS, on April 8, 2022, the City and Consultant executed the Agreement to provide
emergency shelter services to persons who are homeless in the City of Miami Beach; and
WHEREAS, the initial term of the agreement will end on September 30, 2022 with one(1)
renewal option, to be exercised at the City Manager's sole option and discretion; and
WHEREAS, because the cost of the Services during the renewal term will exceed the City
Manager's purchasing authority under the City Code, in the amount not to exceed $100,000.00,
the Administration must seek City Commission approval in order to renew the Agreement; and
WHEREAS, pending securing City Commission approval, and in order to avoid a lapse in
emergency shelter service for the homeless, the parties wish to amend the Agreement to extend
the expiration date for the initial term from September 30, 2022 to December 31, 2022, provided
that the cost of the Services during the initial term will not exceed the total sum of$100,000.00.
NOW, THEREFORE, in consideration of the mutual promises and conditions contained
herein, and other good and valuable consideration, the sufficiency of which is hereby
acknowledged, the City and Contractor hereby agree as follows:
1, ABOVE RECITALS.
The above recitals are true and correct and are incorporated as part of this Amendment.
2. MODIFICATIONS.
The Agreement is modified (deleted items ct+ +ckE hreusil and inserted items underlined as
follows:
a) The first paragraph of Section 3("Term") to the Agreement is hereby amended as
follows:
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 on September3a,2022 December 31. 2022 with one(1]
1
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Jocuaign tnvetope w:tiltsttss0-satst.-4ao(-at/u-Vtu4PwttLt5r1
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed
by their appropriate officials, as of the date first entered above.
FOR CITY: CITY OF MIAMI BEACH, FLORIDA
ATTEST:
By.
Rafa . Gran . AMM Aline T. Hudak
City Clerk City Manager
7 / it
Date
E INCORPI IORATEDS *
o
FOR CONTRACTOR: THE SUNDARI FOUNDATION, INC.
D/B/A LOTUS HOUSE A/K/A LOTUS
• HOUSE WOMEN'S SHELTER
ATTEST:
By: By:
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II ant Name/Title Print Name/Title
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Date
FORM &
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PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF MIAMI BEACH
AND
SUNDARI FOUNDATION, INC. (LOTUS HOUSE SHELTER)
FOR
EMERGENCY SHELTER SERVICES
4/8/2022 1 2:51 EDT
This Professional Services Agreement ("Agreement") is entered into this_ day of
20 ("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 "Cite), and
SUNDARI FOUNDATION, INC. (LOTUS HOUSE SHELTER), whose address is 217 NW
15th Avenue, Florida 33136 ("Consultant").
SECTION 1
DEFINITIONS
Agreement: This Agreement between the City and Consultant, 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.
Consultant: For the purposes of this Agreement, Consultant 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 Consultant performed or undertaken
pursuant to the Agreement.
Fee: Amount paid to the Consultant as compensation for Services.
Risk Manager: The Risk Manager of the City, with offices at 1700 Convention Center
Drive, Third Floor, Miami Beach, Florida 33139; telephone number (305)
673-7000, Ext. 6435;and fax number(305)673-7023.
SECTION 2
SCOPE OF SERVICES
2.1 In consideration of the Fee to be paid to Consultant by the City, Consultant shall provide
the work and services described in Exhibit"A"hereto(the"Services").
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Although Consultant 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
Consultant;where the Services are performed(although the City will provide Consultant 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 Consultant 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, Consultant 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 Consultant'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
on September 30,2022 with[1.)renewal options, to be exercised at the City Manager's sole option
and discretion, by providing Consultant with written notice of same no less than thirty (30)days
prior to the expiration of the initial term.
Notwithstanding the Term provided herein, Consultant 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, Consultant shall be compensated on a
fixed fee basis,in the amount of$42.50 per bed.per day,for a total annual amount not to exceed
$49.410.00
2
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4.2 Contractor shall be compensated for the Services, as more specifically set forth in
Exhibit A for the provision of 4 beds per night from the initial date of this agreement.
Additional beds may be purchased at the same rate per day, per bed, if requested
by City and available.
4.3 Contractor shall submit a monthly invoice, which includes a description of the
Services provided including the number of beds provided and clients served.
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 Tarre, Interim Department Director
1700 Convention Center Drive
Miami Beach, Florida 33139
SECTION 5
TERMINATION
5.1 TERMINATION FOR CAUSE
If the Consultant 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 Consultant of its violation of the particular term(s)of
this Agreement, and shall grant Consultant 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 Consultant. 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 Consultant shall not be relieved of liability to the City for damages
sustained by the City for any breach of the Agreement by the Consultant. 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 Consultant. The
City shall be entitled to recover all costs of such actions, including reasonable attorneys' fees.
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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 CONSULTANT OF SUCH
TERMINATION; WHICH SHALL BECOME EFFECTIVE WITHIN THIRTY (30) DAYS
FOLLOWING RECEIPT BY THE CONSULTANT 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 CONSULTANT, 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, CONSULTANT 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 Consultant 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
Consultant 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 Consultant, its officers, employees, agents, contractors, or any
other person or entity acting under Consultant's control or supervision, in connection with, related
to,or as a result of the Consultant's performance of the Services pursuant to this Agreement. To
that extent, the Consultant 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 Consultant expressly understands and agrees that any insurance
protection required by this Agreement or otherwise provided by the Consultant shall in no way
limit the Consultant'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 Consultant for performance
of the Services under this Agreement is the specific consideration from the City to the Consultant
4
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for the Consultant'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 Consultant shall maintain and carry in full force during the Term, the following insurance:
1. Consultant General Liability, in the amount of$1,000,000;
2. Consultant 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. Consultant'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 Consultant specimen copies of the insurance
policies in the event that submitted certificates of insurance are inadequate to ascertain
compliance with required coverage.
The Consultant is also solely responsible for obtaining and submitting all Insurance certificates
for any sub-consultants.
Compliance with the foregoing requirements shall not relieve the Consultant of the liabilities and
obligations under this section or under any other portion of this Agreement.
The Consultant 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, Consultant 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.
5
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SECTION II
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.
Consultant hereby expresses its willingness to enter into this Agreement with Consultant's
recovery from the City for any damage action for breach of contract to be limited to a maximum
amount of$10,000.
Accordingly, and notwithstanding any other term or condition of this Agreement, Consultant
hereby agrees that the City shall not be liable to the Consultant 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 CAREJCOMPLIANCE WITH APPLICABLE LAWS/PATENT RIGHTS: COPYRIGHT;
AND CONFIDENTIAL FINDINGS
9.1 DUTY OF CARE
With respect to the performance of the Services contemplated herein, Consultant 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, Consultant 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 Consultant, 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.Consultant or its employees or
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sub-consultants, 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 Consultant, 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.
Consultant 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 Consultant, 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 Consultant, the Consultant 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 Consultant its
officers, agents and employees, lobbyists, City staff and elected officials to ensure
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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 Consultant'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 Consultant 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 Consultant shall make
available records relating to the work terminated until three (3) years after any
resulting final termination settlement;and
ii. The Consultant 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 Consultant,its officers,agents,employees,
subcontractors and suppliers. The Consultant shall incorporate the provisions in this
section in all subcontracts and all other agreements executed by the Consultant 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 Consultant or third parties.
10.3 ASSIGNMENT,TRANSFER OR SUBCONSULTING
Consultant 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, II
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. •
10A PUBLIC ENTITY CRIMES
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Prior to commencement of the Services, the Consultant shall file a State of Florida Form PUR
7068, Sworn Statement under Section 287.133(3Xa)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 Consultant 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, Consultant 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
Consultant 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.
Consultant 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.
Consultant further covenants that in the performance of this Agreement, Consultant 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 CONSULTANT'S COMPLIANCE WITH FLORIDA PUBLIC RECORDS LAW
(A) Consultant 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 Consultant meets the definition
of"Contractor"as defined in Section 119.0701(1Xa), the Consultant 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,
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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 Consultant 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 Consultant or keep and maintain public records
required by the City to perform the service. If the Consultant transfers all public
records to the City upon completion of the Agreement, the Consultant shall destroy
any duplicate public records that are exempt or confidential and exempt from public
records disclosure requirements. If the Consultant keeps and maintains public
records upon completion of the Agreement, the Consultant 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 Consultant of the request,
and the Consultant must provide the records to the City or allow the records to be
inspected or copied within a reasonable time.
(2) Consultant's failure to comply with the City's request for records shall constitute a
breach of this Agreement, and the City, al 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 Consultant 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 Consultant to compel production of public records
relating to the City's contract for services,the court shall assess and award against
the Consultant the reasonable costs of enforcement, including reasonable
attorneys'fees, if:
a. The court determines that the Consultant 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 Consultant
has not complied with the request. to the City and to the Consultant.
(2) A notice complies with subparagraph (1)(b) if it is sent to the City's custodian of
public records and to the Consultant at the Consultant's address listed on its
contract with the City or to the Consultant'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 Consultant 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.
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(F) IF THE CONSULTANT HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONSULTANT'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
MIAMI BEACH, FLORIDA 33139
E-MAIL: RAFAELGRANADOaMIAMIBEACHFL.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 Consultant 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 Consultant'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
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
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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 Consultant of such termination. If
the Agreement is terminated pursuant to this section, Consultant 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 Consultant provides labor,supplies,or services under this Agreement,
Consultant 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, Consultant 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, Consultant shall expressly require any
subconsultant 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 subconsultant during the contract
Term. If Consultant enters into a contract with an approved subconsultant, the
subconsultant must provide the Consultant with an affidavit stating that the subconsultant
does not employ, contract with, or subcontract with an unauthorized alien. Consultant
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.
(B) TERMINATION RIGHTS.
(1) If the City has a good faith belief that Consultant 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 Consultant for cause, and the City shall thereafter
have or owe no further obligation or liability to Consultant.
(2) If the City has a good faith belief that a subconsultant has knowingly violated the
foregoing Subsection 10.9(A), but the Consultant otherwise complied with such
subsection,the City will promptly notify the Consultant and order the Consultant to
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immediately terminate the contract with the subconsultant. Consultant's failure to
terminate a subconsultant shall be an event of default under this Agreement,
entitling City to terminate the Consultant's contract 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 Consultant or a subconsultant may file an action with the Circuit or
County Court to challenge a termination under the foregoing Subsection (BX1)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 Consultant under the foregoing
Subsection (BX1), Consultant may not be awarded a public contract for at least 1
year after the date of termination of this Agreement.
(6) Consultant 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 Consultant 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 CONSULTANT; SUNDARI Foundation, Inc(Lotus House Shelter)
Attention: Constance Collins
217 NW 15th St.Miami, Florida 33136
305.438.0556
•
TO CITY: City of Miami Beach, Florida
Office of Housing and Community Services
Attn:Alba Terre, Interim Department Director
1700 Convention Center Drive
Miami Beach, Florida 33139
(305)673-7491
Notice may also be provided to any other address designated by the party to receive notice if such
alternate address is provided via U.S. certified mail,return receipt requested, hand delivered, or by
overnight delivery. In the event an alternate notice address is properly provided, notice shall be sent
to such alternate address in addition to any other address which notice would otherwise be sent,
unless other delivery instruction as specifically provided for by the party entitled to notice.
Notice shall be deemed given on the date of an acknowledged receipt,or, in all other cases, on the
date of receipt or refusal.
SECTION 12
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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 Consultant 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.
REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK]
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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:
DocuSigned by:
By
• ceBngpnncncEACE /
-4
Rafael E. Granado, City Clerk na T. Hudak, City Man-!er
4/8/2022 I 2:51 EDT
Date: .
FOR CONSULTANT: SUNDARI FOUNDATION,INC. dba Lotus House
ATTEST:
/
i
i rr
` V
PJPrc I i r (' (i�,r)!�f<<'�, tc\L\,)1\ , i \ u �&icEJ.
Print Name and Title " . v Print Nar?le and Title
Ur �oirer rig •
Date I 3l/ 1 L
•
APPROVED AS TO •
FORM&LANGUAGE
�;44�.,��"" j
&FOR EXECUTION
r7ARA-c. L' `117c1
1„City Attorney Dais
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EXHIBIT"A"
"SCOPE OF SERVICES"
The Contractor agrees to provide the following services to individuals and families referred
for emergency shelter placement:
Service Units of Service Docunientation of Service
Bed Roster Report 1 Report Daily Attendance Roster
Emergency Housing 4 beds per day, Attendance Roster
with additional beds
if requested and
available
Meals 3 meals per day! Attendance Roster
per client placed
Related Definitions: The City's goal is to reduce homelessness by providing
emergency shelter to homeless persons as a means of transitioning them to stability
and, ultimately, permanent housing. The City adheres to a strengths-based client
engagement strategy that seeks to utilize a client's strengths to devise plans that
incorporate these natural strengths to overcome existing service gaps or personal
barriers. We seek to adhere to cultural competency standards and engage the client
at his/her level of comprehension.
In order to achieve this and ensure that finite public resources are used efficiently, the
City will expect the following:
Intake £ Consent — The Intake provides prospective clients with an overview of
shelter services and the benefits and expectations of program participation. Client
consents required for program participation are executed by the City enabling the
provision of further services by the City and Contractor.
Assessment—An assessment documents the natural supports and needs of the client
and his/her family. The assessment also indicates the client's number in the Homeless
Management Information System (HMIS). This will be done by the City.
Care Plan(Provided by the City)—The Care Plan outlines the specific strategies and
steps to be taken by the client to address personal and family stability and the
subsequent goal of obtaining permanent housing. The plan identifies the issues to be
addressed and the respective community-based agencies or resources that will be
harnessed in response. The Care Plan should evolve to guide clients to permanent
housing and independent living.
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Care Plan Contact/Progress Update—Scheduled monthly meeting to discuss client
progress and needs.
Client Termination — The Contractor may terminate clients for failure to adhere to
shelter rules. The Contractor will notify the City in writing of any terminations and the
reasons for such termination.
Service Deliverables
The City expects that the following services to be provided, as appropriate:
1. Clients will receive case management services from the Contractor with an
emphasis on obtaining stability, entitlements, and housing. This includes:
a. Referrals for specialized health, substance abuse, mental health
screening and treatment will be made for clients based on need or
their request;
b. Referral to other entitlement services including, but not limited to,
Veterans Administration, SNAP and Medicaid;
c. Referral to educational and vocational training;
d. Create and maintain client resume on file;
e. Referral for employment; and
f. Referral to permanent housing,among other services
3. Clean clothing and hygiene products, if available.
4. Random drug and alcohol tests may be conducted at shelter staffs
discretion with test results included in client's case file.
5. The City reserves the right to conduct periodic audits of client files to ensure
adherence to service benchmarks.
Employee/ Contractor File Review
The following documentation must be included in the employee/Contractor file for those
employees/Contractors' providing services under this contract. The following must be
included in the employee files: Employment Application
• Evidence of degree/credentials
• Job Description Signed by Employee
• Evidence of Required Experience
• Florida Background Criminal Screening
• Proof of Knowledge of Policies & Procedures
• Confidentiality Agreement Re: Client information
• Documentation of Agency Training/In-Service Training
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• Evidence of completion of mandatory inclusion training provided by Pridelines
• 1-9 Verification on File
The City reserves the right to inspect employee/Contractor files with due notice(at least
forty-eight (48) hours in advance of planned site visit) to ensure adherence to
contractual expectations.
Reporting Requirements
The Contractor will provide the City with a reimbursement request and appropriate
backup documentation by 5:00 PM on the fifth(5th)of the following month. In the event
that the fifth of the month lands on a Saturday, Sunday or holiday, the report must be
submitted the following business day.
Monthly reimbursement requests will be submitted via any of the following methods:
• Electronic mail
• Standard mail
• Hand delivery
Monitoring & Performance Reviews
The City reserves the right to inspect, monitor and/or audit the Contractor to ensure
contractual compliance. This Includes, but is not limited to:
• Review of on-site service delivery
• Inspection and review of client, budgetary and employee files(for those
employees providing services under this contract)
The City will provide the Contractor a minimum of two(2)business days'notice prior to
a monitoring visit.
Service Benchmarks
Service Benchmar.k(s)
Daily Bed Vacancy Report Beds available for client placement including vacancies
created through client discharge and termination _
Termination Client Destination after discharge andlor reason for
program termination as reported through the Daily Bed Report
Service Deliverables
Service Frequency Methodology Timefranie
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Daily Bed 1 Report Daily Electronic mail Daily by 9am, excluding
VacancyReport _ legal holidays_
M
eals 3 meals per day, Lotus House As appropriate
per client placed _
Service Documentation
Services will be deemed as provided when the following documentation is provided
within the noted timeframes:
•
Service Documentation Timefrarne
Daily Bed Vacancy Bed Roster By 9am weekdays,
Report — _ excluding holidays _
Termination Client destination after discharge and/or Within 24 hours of
reason for program termination as reported contact and/or
through the Daily Bed Report service provision
Additional Documentation
The following documentation must be submitted with this executed agreement:
• All required insurance certificates
• Copy of current audit
• Copy of required business licenses and permits
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LCOOR ) CERTIFICATE OF LIABILITY INSURANCE OATS MN10°"T""
08/31/2021
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POUCIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT; If the certificate holder is an ADDITIONAL INSURED,the pollcy(les)must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder In lieu of such endoreement(4).
PRODUCER ACT Mariana Randall
Brown.3 Brown of Florida,Inc. PRONE (386)2394257 I 1 No1: (386)323.9151
P.O.Box 2412 Mr eith
mums, marandel@bbdaytona.com
INSURERta)AFFORD/NO COVERAGE NASD IS
Daytona Beach FL 32115-2415 mums A- Alliance of Nonprofits for Insurance 10023
INSURED MRURER s. Assoaafed Indueutee Insurance Company,Inc. 23140
Sundari Foundation,Inc.,08k Lotus Houee INSURER c: '
3921 ALTON RD ft488 INSURER D:
INSURER E:
MIAMIBEACH FL 3314D IISURERF:
COVERAGES CERTIFICATE NUMBER: 2021-22 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT.TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN.THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
TR TYPE OF INSURANCE AMGED wvD POLICY NUMBER' U NIDgryvvl (M 1Y POLICY EFF POLICY W LIMITS
x COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE j 1,000,000
I CLAIMS-MADE ®OCCUR DAMAGE TO RENTED 1.000,000
PREMISES tEe oaanrw,ael S
HIED EXP(err one Der>n) j Excluded
A ` 202049109 08/30/2021 OB/30/2022 PERsoNAL 6AININJURY $ 1,000,000
GEN1.AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE j 3,000,000
POLICY D ❑LOC PRODUCTS-COMPtoP AGO S 3,00D,000
OTHER: _ _ ABUSEJMOLESTATION a I mil3 mil
AUTONOBLE LIABILITY . WINED a 1,000,o00
lEe a�ed1
X ANY AUTO BODILY INJURY(Per pawn) s
A OWNED ,'----•SCHEouLEn 202049109 08/30/2021 ,08/30/2022 soon: iN4URY(Ib=Nene S
AUTOS HIRED ONLY AUTOS
X AUTOS ONLY ' X AUTOS ONLY IPPRUP ct cOnennRTY N1Ar.E j
PIP a 10,000
x URRREW UA9 OCCUR EACH OCCURRENCE j 5,000,000
A EXCESS Um CLAMS-MADE 202049109 08/30/2021 08/30/2022 AGGREGATE $ 5.000,000
DEO I XT RETENTIONS 10.000 Imp/op Sexual Conduct j 2,000,000
WORKERS
ORKER DYER,COMPEN A TION , XI STATUTE I l Fr-
AND
B
MIVPROPR�TOPAPARTNERlEXECUrIYE NIA AWC1152356 08/30/2021 08/30/2022 EL.EACHACODENT j 500,000
OFFICERNEMSER EXCLUDED')
(Mandatory In NH) El.DISEASE-EA EMPLOYEE S 500,000
It qa,desv,be under
DESCRIPTION Or OPERATIONS brow E L.DISEASE-POLICY LIMIT S 500.000
HOST LIQUOR •
HOST LIQUOR 1,000,000
A PROF MEDICAL LIAR 202049109 08/30/2021 08/30/2022 MED LIAR 1 m1113 mI
DESCRIPTION OF OPERATIONS/LOCATIONs/VEHICLES(ACORD 1e1,AddRUerrl ftmorlai aelnduM,Wall be seaelyd It mare spare Y regldrsdl
CERTIFICATE HOLDER CANCELLATION
•
SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN
ANITA BROAD ACCORDANCE WITH THE POLICY PROVISIONS.
•
1030 HARDEE ROAD ANYMORE!,REPRESENTATIVE ` f( +
CORAL GABLES FL 33148 V�ylA(,,,L)
t il'
4)1908-2015 ACORD CORPORATION. All rights reserved.
ACORD 25(2019A03) The ACORD mare and logo are registered marks of ACORD
' Page 393 of 952 •
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AGENCY CUSTOMER ID:
LOC 0:
s ACORD ADDITIONAL REMARKS SCHEDULE Page of
ADENCr woo INSURED
Brown&Brown of Florida,Inc. Sundarf Foundation,Inc.,DBA:Lotus House
POLICY NUMBER
CARRIER NAIC CODE
EFFECTNE DATE:
ADDITIONAL REMARKS
THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM,
FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance:Notes
NAMED INSURED SCHEDULE:
SUNDARI SUPPORTING FOUNDATION INC.
LOTUS CHILDREN'S SERVICES LLC
LOTUS BLOSSOMS HEALTH CARE LLC
LOTUS ENDOWMENT FUND INC.
LOTUS HOUSE THIFT LLC
LOTUS WELLNESS CENTER LLC
LOTUS VILLAGE DEVELOPMENT LLC
LOTUS SUPPORTING FOUNDATION INC.
•
ACORD 101(2001801) ®2008 ACORD CORPORATION. All rights reserved.
The ACORD name and logo an nglatsnd marks of ACORD
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MIAMI-DADE c:c)UN'I�',FLORIDA FINANCE DEPARTMENT
TAN(:()HECTIC)N DIVISION
l.c is:.\I,IiUSINNSS'i'.\N Sl{(:Tic)N
COUNTY
dun NW 2""�.\\'I+., .%RD I;I.c)c)I(
COUNTY \il.\.Ml,FLORIDA 3312H
1'(305)270-•19,9 I.(SOS) 372.63614
wt�•tt�,n tpiiittatic}t(nv/ium nl ri frn
August 19, 2019
Sundari Foundation Inc
c/o Ana Frusciante, Director
217 NW 15th ST
Miami, FL 33136
Dear Ms. Frusciante,
This is in response to your e-mailed inquiry regarding the Miami-Dade County Local
Business Tax Receipt (formally known as Occupational License Tax) requested for your
business.
Non-profit organizations operating in Miami-Dade County are exempt from the Miami-
Dade County Local Business Tax, pursuant to the following Miami-Dade County Codes.
•
Sec 8A-173 Definitions.
(1) Business, profession and occupation do not include the customary
religious, charitable or educational activities on nonprofit religious,
nonprofit charitable and nonprofit educational institutions in this State;
Sec 8A-189 Exemptions, general.
In addition to those exemptions set forth In this article, all exemptions
from local business taxes provided for in the Florida Statutes are
recognized and adopted.
if you have any other Local Business Tax questions or concerns, please call 305-375-
3582.
Sincerely,
Martha Manthorpe, Supervisor II
Miami-Dade County Local Business Tax
,;r1u•..d traps tit tk.
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GigU i ii"."a uI luI t t¢a iv
l *Herold K, ,,auc Renicc
P.D. Box 2508, Room 4010 In reply refer to: 4077594588
Cincinnati OH 45201 Mar. 29, 2016 LTR 4168C 0
81-0652266 000000 00
00032358
BODC: TE
SUNDARI FOUNDATION INC
X CONSTANCE A COLLIN
1514 NW 2ND AVE APT 1
MIAMI FL 33136-1844
010407
Employer ID Number: 81-0652266
Form 990 required: Yes
Dear Taxpayer:
This is in response to your request dated Mar. 11, 2016, regarding
your tax-exempt status.
We issued you a determination letter in August 2004, recognizing
you as tax-exempt under Internal Revenue Code (IRC) Section 501 (c)
(3) .
Our records also indicate you're not a private foundation as defined
under IRC Section 509(a) because you're described in IRC Sections
509(a) (1) and 170(b) (1)(A) (vi) .
Donors can deduct contributions they make to you as provided in IRC
Section 170. You're also qualified to receive tax deductible bequests,
legacies, devises, transfers, or gifts under IRC Sections 2055, 2106,
and 2522.
In the heading of this letter, we indicated whether you must file an
annual information return. If a return is required, you must file Form
990, 990-EZ, 990-N, or 990-PF by the 15th day of the fifth month after
the end of your annual accounting period. IRC Section 6033(j) provides
that , if you don't file a required annual information return or notice
for three consecutive years, your exempt status will be automatically
revoked on the filing due date of the third required return or notice.
For tax forms, instructions, and publications, visit www.irs.gov or
call 1 -800-TAX FORM (1-800-829-3676) .
If you have questions, call 1-877-829-5500 between 8 a.m. and 5 p.m. ,
local time, Monday through Friday (Alaska and Hawaii follow Pacific
Time) .
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4077594588
Mar. 29, 2016 LTR 4168C 0
81-0652266 000000 00
00032359
SUNDARI FOUNDATION INC
X CONSTANCE A CDLLIN
1514 NW 2ND AVE APT 1
MIAMI FL 33136-1844
Sincerely yours,
Jeffrey I. Cooper
Director, ED Rulings & Agreement
•
•
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00001111 09/16/20
1111
Consumer's Certificate of Exemption R.oi118
Issued Pursuant to Chapter 212,Florida Statutes
ROM
85-8013447848C-2 11/30/2020 11/30/2025 501(C)(3)ORGANIZATION
Certificate Number Effective Date Expkatlon Date Exemption Category
This certifies that
THE SUNDARI FOUNDATION INC
1514 NW 2ND AVE
MIAMI Ft.33138.1880
is exempt from the payment of Florida sales and use tax on real property rented,transient rental property rented,tangible
personal property purchased or rented,or services purchased.
111 important Information for Exem DR•14
pt Organizations R.01/18
ROM
1. You must provide all vendors and suppliers with an exemption certificate before making tax-exempt purchases.
See Rule 12A-1.038,Florida Administrative Code(F.A.C.).
2. Your Consumers Certificate of Exemption Is to be used solely by your organization for your organization's
customary nonprofit activities.
3. Purchases made by an Individual on behalf of the organization are taxable,even If the Individual will be
reimbursed by the organization.
4. This exemption applies only to purchases your organization makes. The sate or lease to others of tangible
personal property,sleeping accommodations,or other real property Is taxable. Your organization must register.
and collect and remit sales and use tax on such taxable transactions. Note: Churches are exempt from this
requirement except when they are the lessor of real property(Rule 12A-1.070,F.A.C.).
5. It Is a criminal offense to fraudulently present this certificate to evade the payment of sales tax. Under no
circumstances should this certificate be used for the personal benefit of any Individual. Violators will be liable for
payment of the sales tax plus a penalty of 200%of the tax,and may be subject to conviction of a third-degree
felony. Any violation will require the revocation of this certificate.
8. It you have questions about your exemption certificate,please call Taxpayer Services at 850-488-8800. The
mailing address is PO Box 6480,Tallahassee,FL 32314-6480.
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THE SUNDARI FOUNDATION, INC.
AND AFFILIATES
(D.B.A.THE LOTUS HOUSE WOMEN'S SHELTER)
(a nonprofit organization)
CONSOLIDATED FINANCIAL STATEMENTS
DECEMBER 31, 2020 AND 2019
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THE SUNDARI FOUNDATION,INC.
AND AFFILIATES
(D.B.A.THE LOTUS HOUSE WOMEN'S SHELTER)
(a nonprofit organization)
CONSOLIDATED FINANCIAL STATEMENTS
TABLE OF CONTENTS
DECEMBER 31, 2020 AND 2019
PAGES
INDEPENDENT AUDITORS REPORT 1-2
CONSOLIDATED FINANCIAL STATEMENTS:
Consolidated Statements of Financial Position 3
Consolidated Statements of Activities and Changes in Net Assets 4
Consolidated Statements of Cash Flows 5
Notes to Consolidated Financial Statements 6-12
COMPLIANCE SECTION:
Independent Auditors'Report on Internal Controls over Financial Reporting and Compliance
and other Matters Based on an Audit of Financial Statements Performed in Accordance with
Government Auditing Standards 13.14
Independent Auditors'Report on Compliance for Its Major Federal Program and on Internal Control
over Compliance Required by the Uniform Guidance 15-18
Schedule of Expenditures of Federal Awards 17
Notes to the Schedule of Expenditures of Federal Awards 18
Schedule of Findings and Questioned Coats 19-20
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INDEPENDENT AUDITORS' REPORT
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• r CABA LLERO FI ERMAN
f LLERENA GARCIA LLP
Gaccountants I advisors
INDEPENDENT AUDITORS' REPORT
To the Board of Directors of
The Sundari Foundation,Inc.and Affiliates(D.B.A.The Lotus House Woman's Shelter)
(a nonprofit organization)
Miami,Florida
Report on the Financial Statements
We have audited the accompanying consolidated financial statements of the Sundari Foundation, Inc. and Affiliates
(D.B.A The Lotus House Women's Shelter) (the 'Foundation") which comprise the consolidated statements of
financial position as of December 31, 2020 and 2019, and the related consolidated statements of activities and
changes in net assets,and cash flows for the years then ended,and the related notes to the financial statements.
Management's Responsibility for the Financial Statements
Management is responsible for the preparation and fair presentation of these consolidated financial statements in
accordance with accounting principles generally accepted in the United States of America; this includes the design,
implementation, and maintenance of internal control relevant to the preparation and fair presentation of consolidated
financial statements that are free from material misstatement,whether due to fraud or error.
Auditors'Responsibility
Our responsibility is to express an opinion on these financial statements based on our audit. We conducted our audit
in accordance with auditing standards generally accepted in the United States of America and the standards
applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the
United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about
whether the financial statements are free from material misstatement.
An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the
consolidated financial statements. The procedures selected depend an the auditors' judgment, including the
assessment of the risks of material misstatement of the consolidated financial statements, whether due to fraud or
error. In making those risk assessments, the auditor considers internal control relevant to the Foundation's
preparation and fair presentation of the consolidated financial statements in order to design audit procedures that are
appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the
Foundation's internal control. Accordingly, we express no such opinion. An audit also includes evaluating the
appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by
management,as well as evaluating the overall presentation of the consolidated financial statements.
We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit
opinion.
Opinion
In our opinion, the consolidated financial statements referred to above present fairly, in all material respects, the
consolidated financial position of the Foundation as of December 31, 2020 and 2019, and the changes in their net
assets and their cash flows for the years then ended in accordance with accounting principles generally accepted in
the United States of America.
1
89505W 74th Court I Suite 1210 t Miami,Ft. 33156
T:305.662.7272 I F:305.662.4266 I CFLGCPA.COM
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Other Matters
Supplementary information
Our audit was conducted torahs purpose of forming an opinion on the consolidated financial statements as a whole.
The accompanying schedule of expenditures of federal awards, as required by Title 2 U.S. Code of Federal
Regulations Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal
Awards, is presented for purposes of additional analysis and is not a required part of the consolidated financial
statements. Such information is the responsibility of management and was derived from and relates directly to the
underlying accounting and other records used to prepare the consolidated financial statements. The information has
been subjected to the auditing procedures applied in the'audit of the financial statements and certain additional
procedures, including comparing and reconciling such information directly to the underlying accounting and other
records used to prepare the consolidated financial statements or to the consolidated financial statements themselves,
and other additional procedures in accordance with auditing standards generally accepted in the United States of
America. In our opinion,the information is fairly stated,in all material respects,in relation to the consolidated financial
statements as a whole.
Other Reporting Required by Government Auditing Standards •
In accordance with Government Auditing Standards, we have also issued our report dated July 23, 2021 on our
consideration of the Foundation's internal control over financial reporting and on our tests of its compliance with
certain provisions of laws,regulations,contracts,and grant agreements and other matters.The purpose of that report
is to describe the scope of our testing of Internal control over financial reporting and compliance and the results of
that testing, and not to provide an opinion on internal control over financial reporting or on compliance.That report is
an integral part of an audit performed in accordance with Government Auditing Standards in considering the
Foundation's internal control over financial reporting and compliance.
Calaf4"O Frer,,ra afelra & 0ro41, ZIP
Caballero Fiennan Lierena&Garcia, LLP
Miami,Florida
July 23.2021 •
2
8950 SW 74th Court;Suite 12101 Miami,FL 33156
T:305.662.7272 I F:305.662.4266 I CFLGCPA.COM
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CONSOLIDATED FINANCIAL STATEMENTS
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THE SUNDARI FOUNDATION, INC.AND AFFILIATES
(D.B.A. THE LOTUS HOUSE WOMEN'S SHELTER)
CONSOLIDATED STATEMENTS OF FINANCIAL POSITION
DECEMBER 31, 2020 AND 2019
2paQ 201It
ASSETS
Current assets:
Cash and cash equivalents $ 4,429,027 $ 3,885,231
Accounts receivable 1,446,054 1,401,952
•
Investments 2,152,675 -
Prepaid expenses 97,723 78,397
Due from affiliate 4,951 15,797
Total current assets: 8,130,430 5,381,377
Non-current assets:
Furniture,equipment and leasehold improvements,net 662,417 600,471
Other assets 26,235 26,235
Total non-current assets: 688,652 626,706
Total assets $ 8,819,082 $ 6,008,083
LIABILITIES AND NET ASSETS
Current liabilities:
Accounts payable and accrued expenses $ 73,799 $ 285,896
Total current liabilities: 73,799 285,896
Total liabilities 73,799 285,896
Net assets
With donor restrictions 487,316
Without donor restrictions 8,257,967 5,722,187
Total net assets 8,745,283 5,722,187
Total liabilities and net assets $ 8,819,082 $ 6,008,083
The accompanying notes are an integral part of these consolidated financial statements.
3
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O
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ro
0
m
0
m
0
THE SUNDARI FOUNDATION,INC.AND AFFILIATES p
(D.BA-THE LOTUS HOUSE WOMEN'S SHELTER)
CONSOLIDATED STATEMENTS OF ACTIVmES AND CHANGES IN NET ASSETS 0
FOR THE YEARS ENDED DECEMBER 31,2020 AND 2019 a
ro
2020 2019 D
%Whom With MIWmu1 WW1 b
12soarlimsadisaa Ilgestflattsao. maid Ott flasacititafralans Iwal g
SUPPORT AND REVENUE
Cantle/bons S 3,940,280 S • S 3,840.280 3 1,309,476 5 - S 1,369,478
In40nd donated Weds 1,613,098 - 1,513,099 2,203,955 - 2,203.955
Io-Kild rem and smiles 643,892 543,892 371,403 - 371.403 Q'
Spade events 358.923 - 358,923 878.581 - 578,581 n
Grants revenue 7,481,272 457.316 7.888,588 7.542.486 7.642.456 08
Invespnent end other income 1116.893 - 196.893 2.089 - 2.099 0
Thdf sflop sales 110,528 - 110,528 75,504 - 75.504 co1N
Total support and manta 14.244r888 487,316 14.732,202 12,341.455 12.341,486 m
w
EXPENSES: le
Program MnAOa. V
Conforenan and=Kings 11.966 - 11.366 8.769 - 8.189 t
DapreWlion 32.713 - 82.713 57.754 - 57,754
-13 Food and moats 900,791 - 300,791 478.284 - 478,234
10 Insurance 235,571 - 235,571 99,518 - 99,519
CD Materials and supplies 13,258 - 13,258 5,128 - 5,128
AA 015cee r»n spa 48,001 - 43.001 51,483 - 51,433
co Pubveanterenesiikudtsecti 20,521 - 20.521 47.132 - 47.132
O Rent 357 112 - 357,712 148.704 - 148,704
Rapatrs and nnuntsrrdlrs 421.826 - 421.525 149,59a - 149,598
CO Sabres are meted expanses 8,249.669 - 6249.959 4,704.934 - 4,704.964
N Supplee-Spacial Needs from Theft Shop 1,132,345 - 1.182345 1,700.778 - 1,700.778
&epodiuueMoes 1,065,179 - 1,055,179 2,011,675 - 2,011.875
Donated goods 330,177 - 330,177 225,228 - 225.228
Unties 317,079 - 317,079 258,262 - 258,262
Total program services 11,235,628 - 11.236,828 9,945,473 - 9,945,478
Supporting services
Msnagerrnnt and general:
Office menses 70,470 - 70,470 67,651 - 87,681
ProfesaloniNas 354,860 - 354,660 151,642 - 151,842
Saban end Waled menses 15.971 - 15.971 13.103 - 13,103
Total management and were - 441.101 - 441,101 232.625 - 232,828
Fundraising:
Sd ares and related expenses 15,970 - 15,970 13,103 - 13,103
Special event 15,407 - 15,407 58.132 - 58,132
Tote fundraising 31,377 - 31,377 71,235 - 71,235
• To supporting fatlraOa 472,476 - 472,475 303,861 - 303,851
Totalaspensas 11.709.105 - 11.709,106 10,249,339 - 10.249.339
Charge in nal assets 2.6 5r780 487,316 3,023,095 2r092.147 - 2,092.147
Net asatls,miming of yore 5.722.187 - 5.722,187 3,1130.040 - 3,630,040
Net assets,and of year S 5.257.957 S 437,315 8 15745,235 S 5,722.187 5 - S 5,722,187
The accompanying notes are an integral part of these consolidated financial statements.
4
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THE SUNDARI FOUNDATION, INC.AND AFFILIATES
(D.B.A. THE LOTUS HOUSE WOMEN'S SHELTER)
CONSOLIDATED STATEMENTS OF CASH FLOWS
FOR THE YEARS ENDED DECEMBER 31, 2020 AND 2019
7.120 4.111
Cash flows from operating activities'
Change in net assets $ 3,023,096 $ 2,092,147
Depreciation 82,713 57,754
(Increase)decrease in:
Accounts receivable (44,102) 256,889
Prepaid expenses (19,326) (8,284)
Due from affilaite 10,846 191,796
Other assets - (613)
Increase(decrease)in:
Accounts payable and accrued expenses (212,097) (16,578)
Due to affiliate - (10,000)
Net cash provided by operating activities 2841,130 2,563,111
Cash flows from Investing activities:
Purchase of investments (2,152,675) -
Acquisition of furniture and equipment (144,659) (366,001)
Net cash used in investing activities (2,297,334) (366,001)
Net increase in cash 543,796 2,197,110
Cash,beginning of year 3,885,231 1,688,121
Cash,end of year S 4,429027 $ 3,885,231
•
The accompanying notes are an integral part of these consolidated financial statements.
5
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NOTES TO CONSOLIDATED FINANCIAL STATEMENTS
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THE SUNDARI FOUNDATION, INC.
AND AFFILIATES
(0.B.A.THE LOTUS HOUSE WOMEN'S SHELTER)
(a nonprofit organization)
NOTES TO CONSOLIDATED FINANCIAL STATEMENTS
DECEMBER 31, 2020 AND 2019
NOTE 1 —NATURE OF ACTIVITIES
The Sundari Foundation, Inc. (D.B.A.The Lotus House Women's Shelter)(the"Foundation')is a 501(c)(3)non-
profit corporation organized under the laws of the State of Florida in June 2004, The Foundation's mission is the
education,advancement and social inclusion of poor,disadvantaged;and homeless women and children.
The Foundation operates the Lotus House Women's Shelter as a free, holistic, shelter and resource center,
providing housing, meals, counseling, social services referrals and advocacy, educational advancement
opportunities,life skills and job readiness training,enrichment activities and support services.
The Foundation's wholly owned subsidiary, Lotus House Thrift LLC, receives in-kind donations from the
community which serve the shelter's needs and provides free clothing and furnishings to the women and children
served by Lotus House Women's Shelter. Lotus House Thrift also functions as a job readiness training site and
work program for the women served by Lotus House Women's Shelter.
The Foundation's wholly owned subsidiary,Lotus Wellness Center.LLC,is a free,"Good Samaritan"health clinic
providing women's wellness exams and basic health care screenings for women Who are indigent and uninsured,
including women of Lotus House and from the surrounding neighborhoods. It is staffed by volunteers.
In 2007, the Lotus Endowment Fund, Inc. (the "Endowment"), a 501(c)(3) non-profit, Type II 509(a)(3), was
formed and is operated exclusively to benefit the Foundation and its initiatives, induding the Lotus House
Women's Shelter.'A majority of the board members of the Endowment are also board members of the
Foundation however they do not constitute the majority of the Foundation's board; therefore, the Foundation
does not control the Endowment.
The original facilities occupied by Lotus House Women's Shelter in Overtown,Miami,were redeveloped by Lotus
Village Development, LLC, a subsidiary of Lotus Endowment Fund, Inc.,from late 2016 through 2017, during
• which time Lotus House Women's Shelter occupied substitute facilities consisting of rental apartment buildings
nearby. In late December 2017, Lotus Village Development completed construction of a new 100,000+square
foot mixed-use project including 140 shelter units, supportive service and programming space, a children's
wellness center and neighborhood health clinic. Lotus House Women's Shelter took occupancy of the new state
of the art,comprehensive homeless services facility,named Lotus Village,pursuant to a long term,master lease
from Lotus Village Development, LLC in late 2017. Subsequent to that date, Lotus House Women's Shelter
subleased the neighborhood health clinic to Jessie Trice Community Health System and licensed the childcare
center to United Way Center for Excellence in Early Education.
In 2015, the Lotus Supporting Foundation, Inc. (the "Supporting Foundation"), a 501(c)(3) non-profit, Type II
509(a)(3),was formed and is operated exclusively to benefit the Foundation and its initiatives,including the Lotus
House Women's Shelter. A majority of the board members of the Supporting Foundation are also board
members of the Foundation however they do not constitute the majority of the Foundation's board;therefore the
Foundation does not control the Supporting Foundation. The Supporting Foundation assisted in the financing
needed for the redevelopment of the Lotus Village project.
The Foundation, Lotus House Thrift LLC,and Lotus Wellness Center, LLC will be collectively referred to as the
Foundation in the consolidated financial statements.
NOTE 2—SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES
A. Basis of Accounting
The consolidated financial statements of the Foundation have been prepared on the accrual basis of accounting
in accordance with accounting principles generally accepted in the United States of America("GAAP").Using this
method,revenues are recognized when earned and expenses are recognized when incurred.
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THE SUNDARI FOUNDATION,INC.
AND AFFILIATES
(D.B.A.THE LOTUS HOUSE WOMEN'S SHELTER)
(a nonprofit organization)
NOTES TO CONSOLIDATED FINANCIAL STATEMENTS
DECEMBER 31, 2020 AND 2019
NOTE 2—SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED)
B. Financial Statement Presentation
The consolidated financial statements are presented in accordance with Financial Accounting Standards Board
(FASB) Accounting Standards Codification (ASC) 958 (as amended by ASU 2016-14, Not-For-Profit Entities)
dated August 2016, and the provisions of the American Institute of Certified Public Accountants (AICPA)Audit
and Amounting Guide for Not-for-Profit Organizations(the"Guide'). (ASC)958-205,as amended,was effective
January 1,2018.
Net assets, revenues, gains, and losses are classified based on the existence or absence of donor-imposed
restrictions as follows:
Net assets without donor restrictions—Net assets that are not subject to donor-imposed restrictions and
may be expended for any purpose in performing the primary objectives of the Foundation. The Foundation's
board may designate assets without restrictions for specific operational purposes from time to time.Total net
assets without donor restrictions as of December 31, 2020 and 2019 were $8,267,967 and $5,722,187,
respectively.
Net assets with donor restrictions— Net assets subject to stipulations imposed by donors, and grantors.
Some donor restrictions are temporary in nature;those restrictions will be met by actions of the Foundation
or by the passage of time. Other donor restrictions are perpetual in nature, whereby the donor has
stipulated the funds be maintained in perpetuity. Total net assets with donor restrictions as of December 31,
2020 and 2019 were$487,316 and$0,respectively.
C. Principles of Consolidation
Generally accepted accounting principles require the Foundation to consolidate entities in which it has control
and an economic interest when that control is evidenced through a majority ownership or voting interest. The
Sundari Foundation,Inc.,has an economic interest and control of the Board of The Lotus House Thrift,LLC, and
The Lotus Wellness Center, LLC and therefore consolidation is required. All material antra-organlzational
accounts and transactions have been eliminated In the accompanying consolidated financial statements.
D. Cash
For purposes of the statement of financial position and statement of cash flaws,cash consists of cash and other
highly liquid resources.
E. Investments
Investments in marketable securities with readily determinable fair values and all investments in debt securities
are reported at their fair values based on quoted prices in active markets (all Level 1 measurements) in the
statement of financial position.Unrealized gains and losses are included in the change in net assets. Investment
income and gains restricted by a donor are reported as increases in net assets without donor restrictions if the
restrictions are met(either by passage of time or by use)in the reporting period in which the income and gains
are recognized.
F. Accounts Receivable
Accounts receivable is stated at the amount management expects to collect from outstanding balances=
Management believes that all receivables, are collectible within one year, therefore, the Foundation has not
included a provision for uncollectible accounts.Any accounts deemed uncollectible will be charged to expense
when the determination Is made.There ware no uncollectible accounts during the years ended December 31,
2020 and 2019.
7 •
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THE SUNDARI FOUNDATION, INC.
AND AFFILIATES
(D.B.A.THE LOTUS HOUSE WOMEN'S SHELTER)
(a nonprofit organization)
NOTES TO CONSOLIDATED FINANCIAL STATEMENTS
DECEMBER 31, 2020 AND 2019
NOTE 2-SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES(CONTINUED)
G. Contributions
Contributions and gifts received with no restrictions or specified uses identified by the donor are included in
revenue without donor restrictions in the statement of activities when notification,is received. Contributions
received with donor stipulations that limit the use of donated assets are reported as revenue with donor
restrictions in the statement of activities when notification is received.
•
When donor restrictions expire or are fulfilled by actions of the Foundation,net assets with donor restrictions are
redassified to net assets without donor restrictions and reported in the statement of activities as net assets
released from restrictions,
H. Furniture,Equipment and Leasehold Improvements
The Foundation capitalizes all expenditures for furniture, equipment and leasehold improvements in excess of
•
$500 at cost, Contributed furniture and equipment is recorded at fair value at the date of donation. If donors
stipulate how long the assets must be used;the contributions are recorded as restricted support.In the absence
of such stipulations,contributions of furniture and equipment are recorded as unrestricted support.
Furniture, equipment, and leasehold improvements of the Foundation are depreciated using the straight-line
method over the following estimated useful lives:
Assets Years
Leasehold improvements 5-10
Vehicles 5
Furniture and equipment 3-10
Repairs and maintenance are expensed as incurred. Improvements which increase the life of the assets are
capitalized. The carrying amount of assets sold Is retired and the related accumulated depreciation is eliminated
in the year of disposal and the resulting gain or loss is credited or charged to operations.
I. Donated Goods and Services
Contributions of donated noncash assets are recorded at their fair values in the period received.
Donated services consist of the estimated value of contributed services. The amount of donated services
includes support provided by volunteers and professionals.
J. Functional Allocation of Expenses
The costs of providing the program activities have been summarized on a functional basis in the consolidated
statements of activities and changes in net assets. Accordingly, certain costs have been allocated among the
program and supporting services benefited.
IC. Income Taxes
The Foundation is tax-exempt under Section 501(c)(3)of the Internal Revenue Code and Is subject to a tax on
income from any unrelated business.The Foundation did not have any unrelated business income for the years
ended December 31,2020 and 2019.
•
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THE SUNDARI FOUNDATION,INC.
AND AFFILIATES
(D.B.A.THE LOTUS HOUSE WOMEN'S SHELTER)
(a nonprofit organization)
NOTES TO CONSOLIDATED FINANCIAL STATEMENTS
DECEMBER 31, 2020 AND 2019
NOTE 2—SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED)
K. Income Taxes(Continued)
The Foundation adopted the recognition requirements for uncertain income tax positions as required by generally
accepted accounting principles, with no cumulative effect adjustment required. Income tax benefits are
recognized for income tax positions taken or expected to be taken in a tax return,only when it is determined that
the income tax position will more-likely-than-not be sustained upon examination by taxing authorities. The
Foundation has analyzed tax positions taken for filing with the Internal Revenue Service and all state jurisdictions
where it operates. The Foundation believes that Income tax filing positions will be sustained upon examination
and does not anticipate any adjustments that would result in a material adverse effect on the Foundation's
financial condition, results of operations or cash flows. Accordingly, the Foundation has not recorded any
reserves,or related accruals for interest and penalties for uncertain income tax positions at December 31, 2020
or 2019.
• The Foundation is subject to routine audits by taxing jurisdictions: however,there are currently no audits for any
lax periods in progress. The Foundation believes it is no longer subject to income tax examinations for years
prior to 2017.The Foundation's policy is to classify income tax related interest and penalties in Interest expense
and other expenses,respectively.
L. Use of Estimates
The preparation of consolidated financial statements and related disclosures are prepared in conformity with
accounting principles generally accepted in the United States of America. Management is required to make
estimates and assumptions that affect the reported amounts of assets and liabilities,the disclosure of contingent
assets and liabilities at the date of the financial statements and revenue and expenses during the period
reported.These estimates include assessing the collectabiity of receivables,and the useful lives and impairment
of tangible assets.Estimates and assumptions are reviewed periodically and the effects of revisions are reflected
in the financial statement in the period they are determined to be necessary.Although these estimates are based
on managements knowledge of current events and actions it may undertake in the future, they may ultimately
differ from actual results.
M. Subsequent Events
The Sundari Foundation has evaluated subsequent events and transactions for potential recognition or
disclosure in the financial statements through July 23, 2021,the date the financial statements were available to
be issued. Except as discussed in Note 9,no events were identified during this review of subsequent events that
required adjustment to or disclosure within these financial statements.
NOTE 3—LIQUIDITY AND AVAILABILITY
Financial assets available for general expenditure, that is,without donor or other restrictions limiting their use,
within one year of the balance sheet date at December 31,2020 and 2019,comprise the following:
2020 2019
Cash and cash equivalents $ 4,429,027 $3,885,231
Accounts receivable 1,446,054 1,401,952
Due from affiliate 4,951 207,593
$ 5,880,032 $5,494,776
The Foundation's goal is generally to manage its liquidity by developing and adopting annual operating budgets
that provide sufficient funds for general expenditures,liabilities,and other obligations as they come due.
9
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THE SUNDARI FOUNDATION,INC.
AND AFFILIATES
(D.B.A. THE LOTUS HOUSE WOMEN'S SHELTER)
(a nonprofit organization)
NOTES TO CONSOLIDATED FINANCIAL STATEMENTS
DECEMBER 31, 2020 AND 2019
NOTE 4-CONCENTRATION OF CREDIT RISK
Credit Risk
The Foundation maintains its cash balances in a financial institution. The balances at the financial institution are
insured by the Federal Deposit Insurance Corporation(FDIC)up to$250,000.At December 31, 2020 and 2019,
there was an uninsured cash balances of$4,091,922 and$3,004,380,respectively.The Foundation believes that
the risk of loss with respect to financial institutions has been reduced by choosing strong institutions with which
to do business.
NOTE 5-ACCOUNTS RECEIVABLE
The breakdown of accounts receivable which are all due in less than one(1)year as of December 31,2020 and
2019 is as follows:
2020 2019
Others $ - $ 500
Grants 1,446,054 1,401,452
S 1,446,054 $ 1,401,952
NOTE 6-INVESTMENTS
Investments are stated at fair value and consist of the following as of December 31,2020 and 2019,respectively:
2020 2019
Equities $ 717,039 $ -
Fixed Income 1,392,124 -
Tangible-commodities 43,512 -
Total $2,152,675 $ -
NOTE 7-FAIR VALUE MEASUREMENTS
Fair values of investments measured at December 31,2020 are as follows.
Fair Value Measurements at Reporting Date
Quoted Prices
in Active
Markets for
Identical Assets
Fair Value (Level 11
December 31,2020
Investments
Equities S 717,039 $ 717,039
Feed Income 1,392,124 1,392,124
Tangible-commodities 43,512 43,512
Total $ 2,152,675 $ 2,152,675
The Foundation did not have investments as of December 31,2019.
10
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THE SUNDARI FOUNDATION, INC.
AND AFFILIATES
(D.B.A.THE LOTUS HOUSE WOMEN'S SHELTER)
(a nonprofit organization)
NOTES TO CONSOLIDATED FINANCIAL STATEMENTS
DECEMBER. 31, 2020 AND 2019
NOTE 7—FAIR VALUE MEASUREMENTS(CONTINUED)
Financial assets valued using level 1 inputs are based on'unadjusted quoted market prices within active markets.
Financial assets valued using level 2 inputs are based primarily on quoted prices for similar assets in active or
inactive markets.There have been no changes in valuation techniques and related inputs.
NOTE 8—FURNITURE, EQUIPMENT AND LEASEHOLD IMPROVEMENTS
Furniture,equipment and leasehold improvements at December 31,2020 and 2019:
2020 2019
CIP $ 40,600 $ 88,412
Buildings 95,000 95,000
Vehicles 323,359 294,386
• Furniture and equipment 468,645 305,147
927,604 782,945
Less:Accumulated Depreciation (265,187) (182,474)
$ 662,417 $ 600,471
Depreciation expense for,the years ended December 31.2020 and 2019 was$82,713 and$57,754,respectively
NOTE 9—PAYCHECK PROTECTION PROGRAM
On April 2020, the Foundation executed a loan for$843,722 under the Paycheck Protection Program ("PPP')
authorized by the Coronavirus Aid, Relief, and Economic Security Act that was signed into law on March 27,
2020. Of this amount,the Foundation allocated$58,281 to Lotus House Thrift LLC.The PPP loan is designed to
provide a direct incentive for small businesses to keep their workers on the payroll. Under the Paycheck
Protection Program, loan funds are eligible for forgiveness to the extent that they are used to cover certain
payroll, rent and utility costs and if the Foundation retains employees during a specified period of time. The
Foundation has elected to account for the PPP funds in accordance with FASB's ASC 958-605, Not-for-Profit
Entities Revenue Recognition. Under this method, the Foundation recognized the full loan amount as revenue
as the related conditions were deemed substantially met by management The funds are accounted for on the
Consolidated Statements of Activities and Changes in Net Assets in Grants Revenue.The full amount of the loan
was forgiven during January 2021.
NOTE 10—CONTINGENCIES
The Foundation received certain grants revenues,which require compliance with certain provisions stated in the
instrument of the grant.Failure to comply with these provisions could result in a request for the return of funds to
the grantor.Although,this is a possibility,the Foundation's management deems the contingency remote since,In
their opinion,the Foundation has fully complied with the provisions of the grants.
NOTE 11 —IN-KIND DONATIONS
The Foundation records various types of in-kind support,including services,furniture,clothes,supplies and other
tangible assets. GAAP requires recognition of professional services received if those services (a) create or
enhance long-lived assets or(b) require specialized skills, are provided by individuals possessing those skills,
and would typically need to be purchased if not provided by donation. During 2020 and 2019, $1,513,098 and
$2,203,955 were recognized,respectively.
Contributions Of tangible assets are recognized at fair value when received. The amounts reflected in the
accompanying financial statements as in-kind support are offset by like amounts included in expenses or assets.
•
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THE SUNDARI FOUNDATION, INC.
AND AFFILIATES
(D.B.A. THE LOTUS HOUSE WOMEN'S SHELTER)
(a nonprofit organization)
NOTES TO CONSOLIDATED FINANCIAL STATEMENTS
DECEMBER 31, 2020 AND 2019
NOTE 12—DONATED FACILITIES
In December 2007,the Foundation executed a lease for donated facilities with Lotus Endowment Fund, Inc.(the
'Endowment")for a period of fifty (50) years with automatic one-year renewals after the initial term for$1 per
year. The lease agreement was amended on August 2010, February 2011, December 2012, April 2013,
December 2013, December 2015 and January 2016 to add additional facilities. In September 2016, the
Endowment transferred land to Lotus Village Development which consisted of eleven parcels of property now
bearing the consolidated address of 217 NW 15th Street, Miami FL. for the purpose of developing the
construction and development of comprehensive homeless services facility together with health clinic and the
childcare center. Upon removal of the eleven parcels of land for the redevelopment, two properties remained
under the original lease for use by the Foundation: 2040 NW 7v'Avenue and 420 NW 35th Street("Remaining
Properties').
Under the terms of the original lease for the Remaining Properties,the Foundation is responsible for the payment
of all real estate taxes, insurance, utilities and repairs and maintenance of the facilities. The facilities must be
used solely and exclusively for the establishment and continuous operation of a non-profit,gender specific, free
housing for homeless and formerly homeless women, d/b/a The Lotus House and/or Lotus House Women's
Shelter, by the Foundation,and for no other use or purpose.If the facilities are used for any other purpose, the
lease will automatically terminate. The lease agreement may be terminated by the Foundation by providing 60-
day notice to the Endowment. The Endowment may terminate the lease if the Foundation violates the terms of
the lease more specifically the permitted use of the facilities described in the lease agreement.It is due to these
provisions that the lease is considered an annual donation to the Foundation and not a long-term promise to
give. On September 16, 2016 the aforementioned tease for the facility was terminated as to the transfer
properties and a new lease was entered into in connection with the new market tax credit financing between
Lotus Village Development LLC as lessor and Sundari Foundation as lessee.
In connection with the transfer on September 23, 2018, by Lotus Endowment to its subsidiary, Lotus Village
Development, LLC, of the eleven parcels of property, now bearing the consolidated address of 217 NW 15th
Street, Miami, Florida for redevelopment, Lotus Village Development, LLC entered into a new lease with the
Foundation for the property to use and operate the same as a comprehensive homeless services facility,
including a homeless shelter with amenities, health dinic and childcare center. The new lease commenced
September 16, 2016 and expires December 1, 2045, subject to renewal. Rent commences the later of
occupancy of the new facilities or June 1,2018.
The Foundation is required to pay annual basic rent in the following quarterly installment amounts:(i)$49,000 on •
June 1,2018(or such lesser prorated applicable quarterly amount if the Occupancy Date occurs after February
28,2018)and each Due Date thereafter through December 1,2022;(ii)$60,000 on March 1,2023 and each Due
Date thereafter through December 1,2023;(iii)$98,500 on March 1,2024 and each Due Date thereafter through
December 1, 2025; (iv) $157,000 on March 1, 2026 and each Due Date thereafter through December 1,2026;
and (v) $332,000 on March 1, 2017 and each Due Date thereafter until the end of the Lease; in addition to
utilities,taxes,insurance and other operating costs.
The Foundation has recorded an in-kind contribution and rent expense of$305,022 and 5145,704 for the use of
the facilities under the tease agreement for the year ended December 31, 2020.and 2019, respectively. This
amount approximates the fair market value of rent expense.
NOTE 13—RISK AND UNCERTAINITIES
During March 2020, the COVID-19 virus was declared a global pandemic as ft continued to spread rapidly.
Business continuity, including supply chains and consumer demand across a broad range of industries and
cities, could continue to be severely impacted for months or beyond as governments and their citizens take
significant and unprecedent measures to mitigate the consequences of the pandemic.Management is carefully
monitoring the situation and is continuously evaluating its options during this time. No adjustments have been
made to these financial statements as a result of this uncertainty.
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•
COMPLIANCE SECTION
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FCABALLE RO M
LLERENA GARCIAFIER LLANP
Gaccountants I advisors
INDEPENDENT AUDITORS'REPORT ON INTERNAL CONTROLS OVER FINANCIAL REPORTING
AND COMPLIANCE AND OTHER MATTERS BASED ON AN AUDIT OF FINANCIAL STATEMENTS
PERFORMED IN ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS
To the Board of Directors of
The Sundan Foundation,Inc.and Affiliates(D.B.A.The Lotus House Women's Shelter)
(a nonprofit organization)
Miami,Florida
We have audited, in accordance with the auditing standards generally accepted in the United States of America and
the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller
General of the United States, the consolidated financial statements of the Sundari Foundation, Inc. and Affiliates
(D.B.A. The Lotus House Women's Shelter), Inc. (the"Foundation°), which comprise the consolidated statement of
financial position as of December 31,2020,and the related consolidated statements of activities and changes in net
assets and cash flows for the year then ended,and the related notes to the financial statements,and have issued our
report thereon dated July 23,2021,
Internal Control over Financial Reporting
In planning and performing our audit off the financial statements,we considered the Foundation's internal control over
financial reporting (internal control)to determine the audit procedures that are appropriate in the circumstances for
the purpose of expressing our opinion on the financial statements,but not for the purpose of expressing an opinion
on the effectiveness of the Foundation's internal control. Accordingly, we do not express an opinion on the
effectiveness of the Foundation's internal control.
A deficiency in internal control exists when the design or operation of a control does not allow management or
employees, in the normal course of performing their assigned functions, to prevent, or detect and correct,
misstatements on a timely basis. A material weakness is a deficiency, or a combination of deficiencies, In internal
control, such that there is a reasonable possibility that a material misstatement of the Foundation's financial
statements will not be prevented or detected and corrected on a timely basis.A significant deficiency is a deficiency,
or a combination of deficiencies, in internal control that is less severe than a material weakness, yet important
enough to merit attention by those charged with governance.
Our consideration of internal control was for the limited purpose described in the first paragraph of this section and
was not designed to Identify all deficiencies in internal control that might be material weaknesses or, significant
deficiencies. Given these limitations, during our audit we did not identify any deficiencies in internal control that we
consider to be material weaknesses. However,material weaknesses may exist that have not been identified.
Compliance and Other Matters
As part of obtaining reasonable assurance about whether the Foundation's consolidated financial statements are free
from material misstatement, we performed tests of its compliance with certain provisions of laws, regulations,
contracts, and grant agreements, noncompliance with which could have a direct and material effect on the
determination of financial statement amounts. However, providing an opinion on compliance with those provisions
was not an objective of our audit, and accordingly, we do not express such an opinion. The results of our tests
disclosed no instances of noncompliance or other matters that are required to be reported under Government
Auditing Standards.
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Purpose of this Report
The purpose of this report is solely to describe the scope of our testing of internal control-and compliance and the
results of that testing, and not to provide an opinion on the effectiveness of the Foundation's internal control or on
compliance.This report is an integral part of an audit performed in accordance with Government Auditing Standards
in considering the Foundation's internal control and compliance. Accordingly, this communication is not suitable for
any other purpose.
cdaf/ero flergax Ziem,ra & Ore /LP
Caballero Fierman Lierena&Garcia,LLP
Miami,Florida
July 23,2021
•
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FCABALLERO
LLERENA GARCIAFIERMAN LLP
LG accountants 1 advisors
INDEPENDENT AUDITORS'REPORT ON COMPLIANCE FOR EACH MAJOR PROGRAM
AND ON INTERNAL CONTROL OVER COMPLIANCE REQUIRED BY THE UNIFORM GUIDANCE
To the Board of Directors of
The Sundan Foundation,Inc. and Affiliates(D.B.A.The Lotus House Women's Shelter)
(a nonprofit organization)
Miami,Florida
•
Report on Compliance for Each Major Federal Program
We have audited the Sundari Foundation, Inc. and Affiliates' (D.B.A The Lotus House Women's Shelter) (the
'Foundation')compliance with the types of compliance requirements described in the OMB Compliance Supplement
that could have a direct and material effect on each of the Foundation's major federal programs for the year ended
December 31, 2020. The Foundation's major federal program is identified in the summary of auditors'results section
of the accompanying schedule of findings and questioned costs.
Management's Responsibility
Management is responsible for compliance with federal statutes, regulations, and the terms and conditions of its
federal awards applicable to its federal programs.
Auditors'Responsibility
Our responsibility is to express an opinion on compliance for each of the Foundation's major federal program based
on our audit of the types of compliance requirements referred to above. We conducted our audit of compliance in
accordance with auditing standards generally accepted in the United States of America; the standards applicable to
financial audits contained in Government Auditing standards,issued by the Comptroller General of the United States;
and the audit requirements of Tide 2 U.S. Code of Federal Regulations Part 200, Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance). Those standards
and the Uniform Guidance require that we plan and perform the audit to obtain reasonable assurance about whether
noncompliance with the types of compliance requirements referred to above that could have a direct and material
effect on-a major federal program occurred. An audit includes examining, on a test basis, evidence about the
Foundation's compliance with those requirements and performing such other procedures as we considered
necessary in the circumstances.
We believe that our audit provides a reasonable basis for our opinion on compliance for the Foundation's major
federal program.However,our audit does not provide a legal determination of the Foundation's compliance.
•
Opinion on Each of the Major Federal Program
In our opinion, the Foundation complied, in all material respects,with the types of compliance requirements referred
to above that could have a direct and material effect on each of its major federal programs for the year ended
December 31,2020.
Report on Internal Control Over Compliance
Management of the Foundation is responsible for establishing and maintaining effective internal control over
compliance with the types of compliance requirements referred to above. In planning and performing our audit of
compliance, we'considered the Foundation's internal control over compliance with the types of requirements that
could have a direct and material effect on each major federal program to determine the auditing procedures that are
appropriate in the circumstances for the purpose of expressing an opinion on compliance for each major federal
program and to test and report on internal control over compliance in accordance with the Uniform Guidance,but not
for the purpose of expressing an opinion on the effectiveness of internal control over compliance,Accordingly,we do
not express an opinion on the effectiveness of the Foundation's internal control over compliance.
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Report on internal Control Over Compliance(Continued)
A deficiency in internal control over compliance exists when the design or operation of a control over compliance
does not allow management or employees,in the normal course of performing their assigned functions,to prevent,or
detect and correct, noncompliance with a type of compliance requirement of a federal program on a timely basis.A
material weakness in internal control over compliance is a deficiency, or combination of deficiencies, in internal
control over compliance, such that there is a reasonable possibility that material noncompliance with a type of
compliance requirement of a federal program will not be prevented, or detected and corrected,on a timely basis.A
significant deficiency in internal control over compliance is a deficiency, or a combination of deficiencies, In internal
control over compliance with a type of compliance requirement of a federal program that is less severe than a
material weakness in internal control over compliance,yet important enough to merit attention by those charged with
governance.
Our consideration of internal control over compliance was for the limited purpose described in the first paragraph of
this section and was not designed to identify all deficiencies in internal control over compliance that might be material
weaknesses or significant deficiencies.We did not identify any deficiencies in internal control over compliance that
we consider to be material weaknesses.However,material weaknesses may exist that have not been Identified.
Purpose of this Report
The purpose of this report on internal control over compliance is solely to describe the scope of our testing of Internal
control over compliance and the results of that testing based on the requirements of the Uniform Guidance.
Accordingly,this report is not suitable for any other purpose.
CaiatL o fi&,iwaq L/aeeira & i7areia, LIP
Caballero Fierman Lierena&Garcia,LLP
Miami,Florida
July 23,2021
16
8950 SW 74th Court I Suite 1210 I Miami,FL 33156
11305.662.7272 I P 305.662.4266 I CFLIiCPA.COM
Page 420 of 952
DocuSign Envelope ID:AADIAOCA-OADO-46F3-ACBD-23CE3A874669
PocuSign Envelope ID:D4058879-4234-43913-B22F-AOC3AE0613C7F
THE SUNDARI FOUNDATION,INC.AND AFFIUATES
(D.B.A.THE LOTUS HOUSE WOMEN'S SHELTER)
SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS
FOR THE YEAR ENDED DECEMBER 31,2020
Federal Grantor/Program or Cluster Title Federal Contract Grant Federal
CFDA Number Expenditures
Number
CDBG-Entitlement Grants-Cluster
U.S.Department of Housing and Urban Development
Pass-Through the City of Miami
Community Development Block Grants/Entitlement Grants 14.218 R-16-0102 16,111
Total CDBG-Entitlement Grants-Cluster 16,111
Other Programs
U.S.Department of Homeland Security
Pass-Through United Way of Miami Dade County
Emergency Food and Shelter National Board Program 97.024 N/A 32,998
Total United Way of Miami Dada County 32,998
U.S. Department of Justice
Pass-Through the State of Florida Office of the Attorney
General
Crime Victim Assistance 18.575 00391 205,264
Total U.S.Department of Justice 205,264
U.S.Department of Health and Human Services
Transitional Living for Homeless Youth 93.550 90CX7129-02-00 242,407
Total U.S. Department of Health and Human Services 242,407
U.S.Department of Housing and Urban Development
Pass-Through Miami Dade County
Emergency Solutions Grant Program 14.231 R-762-17 313,945
Total Emergency Solutions Grant Program 313,945
Pass-Through Miami Dade County
Home Investment Partnerships Program 14.239 R-728-16 391,865
Total Home Investment Partnerships Program 391,865
Total Department of Housing and Urban Development 705,810
U.S.Department of Veterans Affairs
SDFI266-0923-546-
VA Homeless Providers Grant and Per Diem Program 84.024 Sl-19 95.112
Total U.S.Department of Veterans Affairs 95112
Total Other Programs 1,281,591
Total Expenditures of Federal Awards $1,297,702
N/A-Not Available
The notes to the schedule of expenditures of federal awards are an integral part of this schedule.
17
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DocuSign Envelope ID:AADIAOCA-OADO-46F3-ACBD-23CE3A874669
DocuSign Envelope ID:04038879-4234-439B-322F.,A0C3AEO6DC7F
THE SUNDARI FOUNDATION,MC.AND AFFILIATES
(D.BA.THE LOTUS HOUSE WOMEN'S SHELTER)
NOTES TO THE SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS
FOR THE YEAR ENDED DECEMBER 31, 2020
NOTE 1 —BASIS OF PRESENTATION
The accompanying schedule of expenditures pf federal awards (the "Schedule') includes the federal grant
activity of the Sundari Foundation, Inc. and Affiliates (D.B.A The Lotus House Women's Shelter) (the
"Foundation")under programs of the federal government for the year ended December 31,2020.The information
in this Schedule is presented in accordance with the requirements of Title 2 U.S. Coda of Federal Regulations
Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards
(Uniform Guidance).Because the Schedule presents only a selected portion of the operations of the Foundation,
it is not intended to and does not present the financial position, changes in net assets or cash flows of the
Foundation.
• NOTE 2—SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES
Expenditures reported on the Schedule are reported on the accrual basis of accounting. Such expenditures are
recognized following the cost principles contained in the Uniform Guidance, wherein certain types of
expenditures are not allowable or limited as to reimbursement. Pass-through entity identifying numbers are
presented where available.
NOTE 3—INDIRECT COST RATE
The Foundation has elected not use the 10-percent de minimis indirect cost rate allowed under the Uniform
Guidance.
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DocuSign Envelope ID:AADIAOCA-OADO 46F3-ACBD-23CE3A874669
DocuSign Envelope ID:D4038879-4234-4395-822F.AOC3AEOGDC7F
THE SUNDARI FOUNDATION,INC.AND AFFILIATES
(D.B.A.THE LOTUS HOUSE WOMEN'S SHELTER)
SCHEDULE OF FINDINGS AND QUESTIONED COSTS
FOR THE YEAR ENDED DECEMBER 31,2020
SECTION I-SUMMARY OF AUDITORS' RESULTS
Financial Statements
Type of auditors'report issued: Unmodified
Internal control over financial reporting:
Material weaknesses)identified? _Yes X No
Significant deficiency(ies)identified? Yes X None Reported
Noncompliance material to financial statements noted? `Yes.X No
Federal Awards
Internal control over major federal programs:
Material weakness(es)Identified? _Yes X No
Significant deficiency(Ies)identified? _Yes X None Reported
Type of auditors'report issued on compliance for major programs: Unmodified
Any audit findings disclosed that are required to be reported in accordance with 2
CFR Section 200.516(a)? _Yes X No
Identification of major federal program:
CFDA No. Federal Program or Cluster
18.575 Crime Victim Assistance
93.550 Transitional Living for Homeless Youth
Dollar threshold used to distinguish between Type A and Type B Programs. 750,000
Auditee qualified as low risk auditee? ...A.Yes—No
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DocuSign Envelope ID:AAD1AOCA-OADO-46F3-ACBD-23CE3A874669
DocuSign Envelope ID:D4038B79-4234-43913-622F,AOC3AEO6DC7F
THE SUNDARI FOUNDATION, INC.AND AFFILIATES
(D.B.A.THE LOTUS HOUSE WOMEN'S SHELTER)
SCHEDULE OF FINDINGS AND QUESTIONED COSTS
FOR THE YEAR ENDED DECEMBER 31, 2020
SECTION II-FINANCIAL STATEMENT FINDINGS
None.
SECTION HI—FEDERAL AWARDS FINDINGS AND QUESTIONED COSTS
None.
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PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF MIAMI BEACH
AND
SUNDARI FOUNDATION, INC. (LOTUS HOUSE SHELTER)
FOR
EMERGENCY SHELTER SERVICES
This Professional Services Agreement("Agreement") is entered into this day of
20 ("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
SUNDARI FOUNDATION, INC. (LOTUS HOUSE SHELTER)
whose address is 217 NW 15th Avenue, Florida 33136 ("Consultant").
SECTION 1
DEFINITIONS
Agreement: This Agreement between the City and Consultant, 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.
Consultant: For the purposes of this Agreement, Consultant 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 Consultant performed or undertaken
pursuant to the.Agreement.
Fee: Amount paid to the Consultant as compensation for Services.
Risk Manager: The Risk Manager of the City, with offices at 1700 Convention Center
Drive, Third Floor, Miami Beach, Florida 33139; telephone number (305)
673-7000, Ext. 6435; and fax number(305)673-7023.
SECTION 2
SCOPE OF SERVICES
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2.1 In consideration of the Fee to be paid to Consultant by the City, Consultant shall provide
the work and services described in Exhibit"A" hereto (the "Services").
[NOTE: EXHIBIT"A" MUST INCLUDE DETAILED DESCRIPTION OF SERVICES]
Although Consultant 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
Consultant; where the Services are performed (although the City will provide Consultant 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 Consultant 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, Consultant 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 Consultant's Services, and any deliverables incident thereto, shall be completed in
accordance with the timeline and/or schedule in Exhibit [A] hereto.
[NOTE: TIMELINE FOR DELIVERABLES CAN ALSO BE INCLUDED IN EXHIBIT"A" OR IN
SEPARATE EXHIBIT]
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
on September 30,2023 with [1] renewal options, to be exercised at the City Manager's sole
option and discretion, by providing Consultant with written notice of same no less than thirty(30)
days prior to the expiration of the initial term.
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Notwithstanding the Term provided herein, Consultant 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, Consultant shall be compensated on a
fixed fee basis, in the amount of $42.50 per bed, per day, for a total annual amount not to
exceed $69,615.00 .
4.2 Contractor shall be compensated for the Services, as more specifically set forth
in Exhibit A for the provision of 6 beds per night from the initial date of this
agreement. Additional beds may be purchased at the same rate per day, per
bed, if requested by City and available.
4.3 Contractor shall submit a monthly invoice, which includes a description of the
Services provided including the number of beds provided and clients served.
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 Tarre, Interim Department Director
1700 Convention Center Drive
Miami Beach, Florida 33139
SECTION 5
TERMINATION
5.1 TERMINATION FOR CAUSE
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If the Consultant 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 Consultant of its violation of
the particular term(s) of this Agreement, and shall grant Consultant 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 Consultant. 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. Consultant shall not be relieved of liability to the City for
damages sustained by the City for any breach of the Agreement by the Consultant. 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
Consultant. 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 CONSULTANT OF
SUCH TERMINATION; WHICH SHALL BECOME EFFECTIVE WITHIN THIRTY (30)
DAYS FOLLOWING RECEIPT BY THE CONSULTANT 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 CONSULTANT, 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, CONSULTANT
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 Consultant 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
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Consultant 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 Consultant, its officers, employees, agents,
contractors, or any other person or entity acting under Consultant's control or supervision, in
connection with, related to, or as a result of the Consultant's performance of the Services
pursuant to this Agreement. To that extent, the Consultant 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 Consultant expressly understands
and agrees that any insurance protection required by this Agreement or otherwise provided by
the Consultant shall in no way limit the Consultant'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 Consultant for
performance of the Services under this Agreement is the specific consideration from the City to •
the Consultant for the Consultant'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 [NOTE: INSURANCE TYPES AND LIMITS BELOW
SHOULD ALWAYS BE SAME AS WHAT WAS SPECIFICED IN BID DOCUMENTS]
The Consultant shall maintain and carry in full force during the Term, the following insurance:
1. Consultant General Liability, in the amount of$1,000,000;
2. Consultant 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. Consultant'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 Consultant specimen copies of the
insurance policies in the event that submitted certificates of insurance are inadequate to
ascertain compliance with required coverage.
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The Consultant is also solely responsible for obtaining and submitting all insurance certificates
for any sub-consultants.
Compliance with the foregoing requirements shall not relieve the Consultant of the liabilities and
obligations under this section or under any other portion of this Agreement.
The Consultant 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, Consultant 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.
Consultant hereby expresses its willingness to enter into this Agreement with Consultant's
recovery from the City for any damage action for breach of contract to be limited to a maximum
amount of$10,000.
Accordingly, and notwithstanding any other term or condition of this Agreement, Consultant
hereby agrees that the City shall not be liable to the Consultant 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
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With respect to the performance of the Services contemplated herein, Consultant 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, Consultant 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 Consultant, 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 Consultant or its
employees or sub-consultants, 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 Consultant, 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. Consultant 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
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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 Consultant,
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 Consultant, the Consultant 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 Consultant
its officers, agents and employees, lobbyists, City staff and elected officials to ensure
compliance with the contract documents and to detect fraud and corruption.
(D) The Inspector General shall have the right to inspect and copy all documents and
records in the Consultant'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 Consultant 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
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statute or by other clauses of this Agreement. In addition:
i. If this Agreement is completely or partially terminated, the Consultant shall make
available records relating to the work terminated until three (3) years after any
resulting final termination settlement; and
ii. The Consultant 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 Consultant, its officers, agents,
employees, subcontractors and suppliers. The Consultant shall incorporate the
provisions in this section in all subcontracts and all other agreements executed by the
Consultant 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 Consultant or third parties.
10.3 ASSIGNMENT, TRANSFER OR SUBCONSULTING
Consultant 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 Consultant 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 Consultant 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, Consultant 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
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Consultant 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.
Consultant 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. Consultant further covenants that in the performance of this Agreement, Consultant
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 CONSULTANT'S COMPLIANCE WITH FLORIDA PUBLIC RECORDS LAW
(A) Consultant 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 Consultant meets the
definition of"Contractor" as defined in Section 119.0701(1)(a), the Consultant 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 Consultant 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 Consultant or keep and maintain public records
required by the City to perform the service. If the Consultant transfers all public
records to the City upon completion of the,Agreement, the Consultant shall
destroy any duplicate public records that are exempt or confidential and exempt
from public records disclosure requirements. If the Consultant keeps and
maintains public records upon completion of the.Agreement, the Consultant 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.
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(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 Consultant of the
request, and the Consultant must provide the records to the City or allow the
records to be inspected or copied within a reasonable time.
(2) Consultant'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 Consultant 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 Consultant to compel production of public records
relating to the City's contract for services, the court shall assess and award
against the Consultant the reasonable costs of enforcement, including
reasonable attorneys'fees, if:
a. The court determines that the Consultant 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
Consultant has not complied with the request, to the City and to the
Consultant.
(2) A notice complies with subparagraph (1)(b) if it is sent to the City's custodian of
public records and to the Consultant at the Consultant's address listed on its
contract with the City or to the Consultant'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 Consultant 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 CONSULTANT HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONSULTANT'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
MIAMI BEACH, FLORIDA 33139
E-MAIL: RAFAELGRANADOO,MIAMIBEACHFL.GOV
PHONE: 305-673-7411
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10.8 FORCE MAJEURE
(A) A "Force Majeure" event is an event that (i) in fact causes a delay in the performance of
the Consultant 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 Consultant'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 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
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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 parry'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 Consultant of such
termination. If the Agreement is terminated pursuant to this section, Consultant 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 Consultant provides labor, supplies, or services under this Agreement,
Consultant shall comply with Section 4.48.095, 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, Consultant 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, Consultant shall expressly require any
subconsultant 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 subconsultant during the
contract Term. If Consultant enters into a contract with an approved subconsultant, the
subconsultant must provide the Consultant with an affidavit stating that the
subconsultant does not employ, contract with, or subcontract with an unauthorized
alien. Consultant 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.
(B) TERMINATION RIGHTS.
(1) If the City has a good faith belief that Consultant 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 Consultant for cause, and the City shall
thereafter have or owe no further obligation or liability to Consultant.
(2) If the City has a good faith belief that a subconsultant has knowingly violated the
foregoing Subsection 10.9(A), but the Consultant otherwise complied with such
subsection, the City will promptly notify the Consultant and order the Consultant
to immediately terminate the contract with the subconsultant. Consultant's failure
to terminate a subconsultant shall be an event of default under this Agreement,
entitling City to terminate the Consultant's contract for cause.
(3) A contract terminated under the foregoing Subsection (B)(1) or (B)(2) is not in
breach of contract and may not be considered as such.
(4) The City or Consultant or a subconsultant 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 Consultant under the foregoing
Subsection (B)(1), Consultant may not be awarded a public contract for at least 1
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year after the date of termination of this Agreement.
(6) Consultant 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 Consultant 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 CONSULTANT: SUNDARI Foundation, Inc(Lotus House Shelter)
Attention: Constance Collins
217 NW 15th St. Miami, Florida 33136
305.438.0556
TO CITY: City of Miami Beach, Florida
Office of Housing and Community Services
Attn: Alba Tarre, Interim Department Director
1700 Convention Center Drive
• Miami Beach, Florida 33139
(305)673-7491
Notice may also be provided to any other address designated by the party to receive notice if such
alternate address is,provided via U.S. certified mail, return receipt requested, hand delivered, or by
overnight delivery. In the event an alternate notice address is properly provided, notice shall be
sent to such alternate address in addition to any other address which notice would otherwise be
sent, unless other delivery instruction as specifically provided for by the party entitled to notice.
Notice shall be deemed given on the 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 Consultant 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._
[REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK]
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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:
By:
Rafael E. Granado, City Clerk Alina T. Hudak, City Manager
Date:
FOR CONSULTANT: SUNDARI FOUNDATION,INC. dba Lotus House
ATTEST:
By:
Print Name and Title Print Name and Title
Date:
F:ATTO/TORG/Agreements/Professional Services Agreement 2021 modified 01-I2-2021
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EXHIBIT "A"
"SCOPE OF SERVICES"
The Contractor agrees to provide the following services to individuals and families referred
for emergency shelter placement:
Service Units of Service Documentation of Service
Bed Roster Report 1 Report Daily Attendance Roster
Emergency Housing 6 beds per day, Attendance Roster
with additional beds
if requested and
available
Meals 3 meals per day/ Attendance Roster
per client placed
Related Definitions: The City's goal is to reduce homelessness by providing
emergency shelter to homeless persons as a means of transitioning them to stability
and, ultimately, permanent housing. The City adheres to a strengths-based client
engagement strategy that seeks to utilize a client's strengths to devise plans that
incorporate these natural strengths to overcome existing service gaps or personal
barriers. We seek to adhere to cultural competency standards and engage the client
at his/her level of comprehension.
In order to achieve this and ensure that finite public resources are used efficiently, the
City will expect the following:
Intake it Consent — The Intake provides prospective clients with an overview of
shelter services and the benefits and expectations of program participation. Client
consents required for program participation are executed by the City enabling the
provision of further services by the City and Contractor.
Assessment — An assessment documents the natural supports and needs of the
client and his/her family. The assessment also indicates the client's number in the
Homeless Management Information System (HMIS). This will be done by the City.
Care Plan (Provided by the City) — The Care Plan outlines the specific strategies
and steps to be taken by the client to address personal and family stability and the
subsequent goal of obtaining permanent housing. The plan identifies the issues to be
addressed and the respective community-based agencies or resources that will be
harnessed in response. The Care Plan should evolve to guide clients to permanent
housing and independent living.
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Care Plan Contact/Progress Update—Scheduled monthly meeting to discuss client
progress and needs.
Client Termination — The Contractor may terminate clients for failure to adhere to
shelter rules. The Contractor will notify the City in writing of any terminations and the
reasons for such termination.
Service Deliverables
The City expects that the following services to be provided, as appropriate:
1. Clients will receive case management services from the Contractor with an
emphasis on obtaining stability, entitlements, and housing. This includes:
a. Referrals for specialized health, substance abuse, mental health
screening and treatment will be made for clients based on need or
their request;
b. Referral to other entitlement services including, but not limited to,
Veterans Administration, SNAP and Medicaid;
c. Referral to educational and vocational training;
d. Create and maintain client resume on file;
e. Referral for employment; and
f. Referral to permanent housing, among other services
3. Clean clothing and hygiene products, if available.
4. Random drug and alcohol tests may be conducted at shelter staff's
discretion with test results included in client's case file.
5. The City reserves the right to conduct periodic audits of client files to ensure
adherence to service benchmarks.
Employee/ Contractor File Review
The following documentation must be included in the employee/Contractor file for
those employees/Contractors' providing services under this contract. The following
must be included in the employee files: Employment Application
• Evidence of degree/credentials
• Job Description Signed by Employee
• Evidence of Required Experience
• Florida Background Criminal Screening
• Proof of Knowledge of Policies & Procedures
• Confidentiality Agreement Re: Client Information
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• Documentation of Agency Training/In-Service Training
• Evidence of completion of mandatory inclusion training provided by Pridelines
• 1-9 Verification on File
The City reserves the right to inspect employee/Contractor files with due notice (at
least forty-eight (48) hours in advance of planned site visit) to ensure adherence to
contractual expectations.
Reporting Requirements
The Contractor will provide the City with a reimbursement request and appropriate
backup documentation by 5:00 PM on the fifth (5th) of the following month. In the
event that the fifth of the month lands on a Saturday, Sunday or holiday, the report
must be submitted the following business day.
Monthly reimbursement requests will be submitted via any of the following methods:
• Electronic mail
• Standard mail
• Hand delivery
Monitoring & Performance Reviews
The City reserves the right to inspect, monitor and/or audit the Contractor to ensure
contractual compliance. This includes, but is not limited to:
• Review of on-site service delivery
• Inspection and review of client, budgetary and employee files (for those
employees providing services under this contract)
The City will provide the Contractor a minimum of two (2) business days' notice prior
to a monitoring visit.
Service Benchmarks
Service Benchmark(s)
Daily Bed Vacancy Report Beds available for client placement including vacancies
created through client discharge and termination
Termination Client Destination after discharge and/or reason for
program termination as reported through the Daily Bed Report
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Service Deliverables
Service Frequency Methodology Timeframe
Daily Bed 1 Report Daily Electronic mail Daily by 9am, excluding
Vacancy Report legal holidays
Meals 3 meals per day, Lotus House As appropriate
per client placed
Service Documentation
Services will be deemed as provided when the following documentation is provided
within the noted timeframes:
Service Documentation Timeframe
Daily Bed Vacancy Bed Roster By 9am weekdays,
Report excluding holidays
Termination Client destination after discharge and/or Within 24 hours of
reason for program termination as contact and/or
reported through the Daily Bed Report service provision
Additional Documentation
The following documentation must be submitted with this executed agreement:
• All required insurance certificates
• Copy of current audit
• Copy of required business licenses and permits
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