Resolution 2023-32693 RESOLUTION NO. 2023-32693
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE
FINANCE AND ECONOMIC RESILIENCY COMMITTEE ("FERC"), AT ITS
JUNE 23, 2023 MEETING, AND REALLOCATING FY23 FUNDS FROM THE
CAMILLUS HOUSE INC. LAZARUS PROJECT TO CAMILLUS HEALTH
CONCERN, INC. FOR A SPECIALIZED MEDICAL OUTREACH SERVICES
PILOT PROGRAM FOR HOMELESS PERSONS IN THE AMOUNT OF$100,000;
AND FURTHER, AUTHORIZING THE CITY MANAGER TO EXECUTE ALL
NECESSARY AGREEMENTS AND SUPPLEMENTAL DOCUMENTS THAT
MAY BE NECESSARY.
WHEREAS, Camillus House, Inc. is a local non-profit organization that has served the
homeless population for over sixty(60) years; and
WHEREAS, on February 12, 2014, the Mayor and Commission adopted Resolution No.
2014-28482, authorizing the City Manager to execute a service agreement with Camillus House
for the provision of a minimum of twelve (12) emergency shelter beds, in conjunction with Care
Plan Management services, for the collective amount of$335,946 over a three (3)-year term; and
WHEREAS, on September 25, 2017, pursuant to Request for Proposals (RFP) No. 2017-
075-KB for Emergency Shelter Beds to Serve the homeless population, the Mayor and City
Commission adopted Resolution No. 2017-30000, authorizing the City Manager to award a
service agreement for a minimum of twelve (12) emergency shelter beds to Camillus House in
the collective amount of$1,051,875.99 over a five (5)-year term; and
WHEREAS, on July 2, 2018, the Mayor and City Commission adopted Resolution 2018-
30371, accepting the recommendation of the Neighborhood/Community Affairs Committee to
fund a one(1)-year pilot program with Lazarus Project to conduct specialized outreach to mentally
ill homeless persons in FY 2019 in the amount $91,572, and referring to the Finance and
Economic Resiliency Committee (FERC), with a favorable recommendation, the funding of the
pilot program in the amount of$91,572, as an enhancement in the FY 2019 Budget; and
WHEREAS, on September 30, 2021, the Mayor and City Commission approved
Resolution 2021-31869, adopting the FY 2022 Operating Budget, with the Lazarus Project as a
recurring enhancement in the amount of$100,000; and
WHEREAS, on May 4, 2022, the City executed the FY 2022 Agreement in the amount of
$100,000. However, the commencement of services was delayed due to the contractor's reported
difficulties securing staff. At the request of Lazarus Project administrators, the FY 2022
Agreement was amended to extend the term to September 30, 2023; and
WHEREAS, Lazarus•Project administrators notified the City that they would not utilize the
FY 2023 allocation of$100,000; and
WHEREAS, Camillus Health Concern, Inc. ("CHC") is a private, non-profit organization,
and Federally qualified health center that provides comprehensive health care, behavioral health
and social services to men, women and children who are poor and homeless in Miami-Dade
County; and
WHEREAS, on February 21, 2023, the Administration met with CHC to explore additional
programs that would benefit chronically homeless individuals in Miami Beach; and
WHEREAS, on April 28, 2023, the Administration submitted a referral to the Mayor and
City Commission to discuss the proposed reallocation of funds previously budgeted for the
Lazarus Project to CHC; and
WHEREAS, at the June 23, 2023, Finance and Economic Resiliency Committee meeting,
the Committee approved the reallocation of funding from the Lazarus Project to CHC.
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
accept the recommendation of the Finance and Economic Resiliency Committee ("FERC"), at
its June 23, 2023 meeting, and reallocate FY23 funds from the Camillus House Inc. Lazarus
Project to Camillus Health Concern, Inc. for a Specialized Medical Outreach Services Pilot
Program for homeless persons in the amount of $100,000; and further, authorize the City
Manager to execute all necessary agreements and supplemental documents that may be
necessary.
PASSED and ADOPTED this aC day of Al , 2023.
ATTEST:
DAN GELBER, MAYOR
I ,Srk 's
Ci12 tig=
RAFAEL E. GRANADO, CITY CLERK
JUL 2 8 202�1 APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
City Attorney Date
Resolutions-C7 P
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Nina T. Hudak, City Manager
DATE: July 26,2023
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF
THE FINANCE AND ECONOMIC RESILIENCY COMMITTEE ("FERC"), AT
ITS JUNE 23, 2023 MEETING, AND REALLOCATING FY 23 FUNDS FROM
THE CAMILLUS HOUSE INC. LAZARUS PROJECT TO CAMILLUS
HEALTH CONCERN, INC. FOR A SPECIALIZED MEDICAL OUTREACH
SERVICES PILOT PROGRAM FOR HOMELESS PERSONS IN THE
AMOUNT OF $100,000; AND FURTHER, AUTHORIZING THE CITY
MANAGER TO EXECUTE ALL NECESSARY AGREEMENTS AND
SUPPLEMENTAL DOCUMENTS THAT MAY BE NECESSARY.
RECOM M ENDAT ION
The Administration recommends approving the Resolution.
BACKGROUND/HISTORY
Emergency Shelter Services
Camillus House, Inc. ("Camillus House") is a local not-for-profit organization that has served the
homeless population for over sixty (60) years. Providing a wide array of services, Camillus
House not only helps the poor and vulnerable with basic needs such as showers, clean clothing,
hot meals, and shelter, but extends its services into transitional/permanent housing and
specialized outreach.
On October 16, 2013, the Mayor and City Commission approved the issuance of Request for
Proposals (RFP) No. 228-2013,for emergency shelter beds to serve the homeless population.
On February 12, 2014, the Mayor and Commission adopted Resolution No. 2014-28482,
authorizing the City Manager to execute a service agreement with Camillus House for the
provision of a minimum of twelve (12) emergency shelter beds, in conjunction with Care Plan
Management services, for the collective amount of$335,946 over a three (3)-year term.
On March 1, 2017, the Mayor and City Commission approved the issuance of Request for
Proposals (RFP) No. 2017- 075-KB for Emergency Shelter Beds to Serve the homeless
population. On September 25, 2017, the Mayor and City Commission adopted Resolution No.
2017-30000, authorizing the City Manager to award a service agreement for a minimum of
Page 570 of 1588
twelve (12) emergency shelter beds to Camillus House in the collective amount of
$1,051,875.99 over a five (5)-year term. The Administration agreed that Camillus House has
proven to be a vital shelter bed resource in providing services to the homeless population of
Miami Beach; therefore, the current shelter bed agreement is in the process of renewal for
another year.
Specialized Mental Health Services-Camillus House Lazarus Project
During various meetings during 2018, the City's Committee on the Homeless discussed the
possibility of a collaborative partnership with Camillus House Lazarus Project ("Lazarus
Project'), resulting in a motion to support the launch of a pilot program to target homeless
persons who have a mental illness. The program's primary goal would be to target ten (10)
chronically homeless individuals identified by the City's Homeless Outreach Services Division
and Police Department, and engage, assess, treat, and secure supportive permanent housing
placements.
On July 2, 2018, the Mayor and City Commission adopted Resolution 2018-30371, accepting
the recommendation of the Neighborhood/Community Affairs Committee to fund a one (1)-year
pilot program with Lazarus Project to conduct specialized outreach to mentally ill homeless
persons in FY 2019 in the amount $91,572, and referring to the Finance and Economic
Resiliency Committee (FERC), with a favorable recommendation, the funding of the pilot
program in the amount of $91,572, as an enhancement in the FY 2019 Operating Budget. The
service agreement was executed on February 6, 2019, and the Lazarus Project provided
services to ten (10) chronically homeless individuals per their service agreement. The Lazarus
Project continued to provide services until September 2020. The FY 2021 Operating Budget
did not include funding for the Lazarus Project,therefore the program went into a hiatus.
On September 30, 2021, the Mayor and City Commission approved Resolution 2021-31869,
adopting the FY 2022 Operating Budget, with the Lazarus Project as a recurring enhancement
in the amount of$100,000.
On May 4, 2022, the City executed the FY 2022 Agreement in the amount of $100,000.
However, the commencement of services was delayed due to the contractor's reported
difficulties securing staff. At the request of Lazarus Project staff, the FY 2022 Agreement was
amended to extend the term to September 30, 2023. Subsequently, Lazarus Project staff
notified the Administration that they would not utilize the FY 2023 allocation of $100,000 due to
challenges with staffing.
As a result, the Administration explored alternatives to expend the allocated funds on similar
services with an alternate service provider.
Camillus Health Concern, Inc.
Camillus Health Concern, Inc. ("CHC") is a private, non-profit organization, and Federally
qualified health center that provides comprehensive health care, behavioral health and social
services to men, women and children who are poor and homeless in Miami-Dade County. The
Homeless Outreach Services team has referred several clients to CHC for medical treatment,
mental health screenings, and medication management. In addition, CHC offers specialized
services to address specific areas and issues related to homelessness and has been a
Healthcare for the Homeless 330(h) grantee through the Bureau of Primary Healthcare since
1989 and was designated as a Federally Qualified Health Center(FQHC)in 1966.
On February 21, 2023, the Administration met with CHC to explore additional programs that
Page 571 of 1588
would benefit chronically homeless individuals in Miami Beach. On April 28, 2023, the
Administration submitted a referral to the Mayor and City Commission to discuss the proposed
reallocation of funds to CHC.
At the June 23, 2023, Finance and Economic Resiliency Committee (FERC) meeting, the
Committee approved the reallocation of funding.to CHC.
ANALYSIS
Florida Statute 287.057 exempts the following services from competitive bidding: Prevention
Services related to mental health, including drug abuse prevention programs,'child abuse
prevention programs, and shelter for runaways,operated by not-for-profit corporations.
The Lazarus Project will continue to provide services to Miami Beach via FY 2022 funds that
were carried forward into FY 2023 due to the existing Agreement. It is anticipated that utilization
of these funds will resume in FY 2024. The Administration proposes to reallocate the unused
FY 2023 Lazarus Project funds to CHC. Under the proposed reallocation of funds to CHC, the
City's Homeless Outreach Services Division will refer individuals experiencing homelessness to
CHC for Outreach Healthcare Services under a one (1)-year pilot program. CHC will commit a
team inclusive of a psychiatric advanced practical registered nurse (APRN) and/or advanced
practical registered nurse (APRN) and a medical assistant for the collaboration. In addition, the
following Outreach Healthcare Services will be provided under the agreement:
On-site medical and psychiatric care management;
• Wound care;
• Case management coordination;
• Coordination with in-clinic services; and .
• Delivery of medications.
The contractor has also committed $60,171 in in-kind contributions to ensure the pilot.program's
success, as illustrated in the attached tentative program budget. The City's Homeless Outreach
Services team will work collaboratively to identify and refer homeless individuals on the streets
who can benefit from resources and services provided by CHC.
Once the agreement is fully approved and executed, CHC can commence offering services to
persons experiencing homelessness on Miami Beach. The Administration is seeking to fund a
pilot program,to end no later than September 30, 2024.
SUPPORTING SURVEY DATA
According to the 2022 Miami Beach Community Survey, 24.6 percent of survey responders
cited efforts to address homelessness as one of the major categories of City services most
important for the City to provide. Additionally, the Mayor and City Commission identified the
need to address homelessness by continuously evolving and innovating services to help those
wishing to end their personal homelessness as a key management objective in the City's 2019
Strategic Plan Through the Lens of Resilience.
FINANCIAL INFORMATION
Fiscal Impact: Existing $100,000 FY 2023 funds allocated from Camillus House Lazarus
Project to Camillus Health Concern.
Amount(s)/Account(s):
Cost Center 0560
CONCLUSION-
Page 572 of 1588
The Administration recommends the reallocation of $100,000 within the FY 2023 Budget from
Camillus House Lazarus Project to. Camillus Health Concern to fund a pilot program for
Outreach Healthcare Services.
Applicable Area
Not Applicable
Is this a'Residents Right Does this item utilize G.O.
to Know" item. pursuant to BondFunds?
City Code Section 2-14?
Yes No
Strategic Connection.
Mobility-Address homelessness.
Legislative Trackina
Housing and Community Services
Sponsor
Commissioner Alex Fernandez
ATTACHMENTS:
Description
❑ Draft Agreement
❑ Resolution
Page 573 of 1588
Agenda Item C7P
Date 7-4-0/3
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH
AND
CAMILLUS HEALTH CONCERN, INC.
FOR
OUTREACH HEALTH SERVICES FOR HOMELESS PERSONS
This Professional Services Agreement("Agreement")entered into this day of
2023, between the CITY OF MIAMI BEACH, FLORIDA, a municipal corporation organized
and existing under the laws of the State of Florida, having its principal offices at 1700
Convention Center Drive, Miami Beach, Florida, 33139 ("City"), and CAMILLUS HEALTH
CONCERN, INC. a Florida not-for-profit corporation, whose address is 336 NW 5TH street
Miami Florida, 33182 ("Contractor").
SECTION 1
DEFINITIONS
Agreement: This Agreement between the City and Contractor, including any exhibits
and amendments thereto.
City Manager: The chief administrative officer of the City. City Manager's designee
shall be the Housing and Community Services Director.
Contractor: For the purposes of this Agreement, Contractor shall be deemed to be
an independent contractor, and not an agent or employee of the City.
Services: All services, work and actions by the Contractor performed or
undertaken pursuant to the Agreement.
Fee: Amount paid to the Contractor as compensation for Services.
Risk Manager: The Risk Manager of the City, with offices at 1700 Convention Center
Drive,Third Floor, Miami Beach, Florida 33139;telephone number(305)
673-7000, Ext. 6435; and fax number(305)673-7023.
SECTION 2
SCOPE OF WORK(SERVICES)
2.1 The Provider agrees to deliver outreach healthcare services to engage, assess, treat
and secure supportive permanent housing placements for persons who are chronically
homeless and vulnerable in the City of Miami Beach. As identified by the City's Homeless
Division, the program will target up to 10 chronically homeless individuals identified by the City
at any one time during the term of this Agreement. At least 50% of those served will move on
to shelter or other permanent destination, as further described in Exhibits "A" through "C"
hereto (the "Services").
Although Contractor may be provided with a schedule of the available hours to provide its
Services, the City shall not control nor have the right to control the hours of the services
1
performed by the Contractor; where the services are performed (although the City will provide
Contractor with client locations throughout the City to perform the Services);when the Services
are performed, including how many days a week the services are performed; how the Services
are performed, or any other aspect of the actual manner and means of accomplishing the
Services provided. Notwithstanding the foregoing, all Services provided by the Contractor
shall be performed in accordance with the guidelines set forth in the Scope of Services, as
more particularly described in Exhibits"A"through"C", attached hereto., and to the reasonable
satisfaction of the City Manager. If there are any questions regarding the Services to be
performed, Contractor should contact the following person: Alba Tarre, Department Director.
2.2 Contractor's Services, and any deliverables incident thereto, shall be completed in
accordance with the timeline and/or schedule in Exhibit "A," entitled "Scope of Services."
hereto.
SECTION 3
TERM
The term of this Agreement("Term")shall commence upon execution of this Agreement by all
parties hereto and shall terminate on September 30, 2023. All Services to be rendered shall
be completed no later than September 30, 2023.
Notwithstanding the Term provided herein, Contractor shall adhere to any specific timelines,
schedules, dates, and/or performance milestones for completion and delivery of the Services,
as same is/are set forth in the timeline and/or schedule referenced in Exhibit A hereto.
SECTION 4
FIXED FEE
4.1 In consideration of the Services to be provided, Contractor shall be compensated on a
fixed fee basis, in a total amount not to exceed One Hundred Thousand Dollars
($100,000.00).
4.2 Contractor shall be compensated for the Services, as set forth in Section 2 and Exhibit
"A" through "C", as follows:
The Contractor shall submit monthly requests for payment no later than the 5th day of
the succeeding month. Compensation will be issued in corresponding monthly
installments. Invoices are payable upon receipt of an invoice that is acceptable to the
City.Advance payments are not allowed.The aggregate maximum annual fee shall not
exceed the maximum sums set forth in subsection 4.1.
Invoices for services taking place prior to the beginning of the Agreement term are not
reimbursable. Similarly, invoices for services taking place after the end of the
Agreement term are not reimbursable.
The City assumes no obligation to provide financial support of any type in excess of
the total Agreement amount. All amounts submitted to the City must not be submitted
to any other funding agency for payment.
2
Contractor's compensation shall be further subject to and conditioned upon all or any portion
of the Services to be provided herein being allowable and within the Scope of Services
delineated in Exhibit"A".
4.3 Contractor shall provide the City with a detailed invoice, on a monthly basis,that details
all services performed by Contractor in a particular month. Contractor's invoices are subject to
the review and approval of the City Manager and/or his or her designee, who shall be the
Department Director of the Office of Housing and Community Services.The City shall not remit
any payments to Contractor unless Contractor provides the City with a detailed invoice that is
acceptable to the City.
4.4 INVOICING
Upon receipt of an acceptable and approved invoice, payment(s) shall be made within forty-
five (45) days for that portion (or those portions) of the Services satisfactorily rendered (and
referenced in the particular invoice).
Contractor shall submit monthly Reimbursement Requests and Monthly Service Summary
Reports, as set forth in Exhibits "B" and "C", which include an itemized, detailed description of
the Services, or portions thereof, provided (including the names of the clients served and dates
of service provision).
Invoices shall be signed by an authorized employee of the Contractor, shall include a detailed
description of the Services (or portions thereof) provided, and shall be submitted to the City at
the following address:
Alba Tarre, Department Director
Office of Housing and Community Services
1700 Convention Center Drive
Miami Beach, Florida 33139
SECTION 5
TERMINATION
5.1 TERMINATION FOR CAUSE
If the Contractor shall fail to fulfill in a timely manner, or otherwise violates, any of the
covenants, agreements, or stipulations material to this Agreement, the City, through its
City Manager, shall thereupon have the right to terminate this Agreement for cause.
Prior to exercising its option to terminate for cause, the City shall notify the Contractor
of its violation of the particular term(s)of this Agreement, and shall grant Contractor ten
(10)days to cure such default. If such default remains uncured after ten (10)days, the
City may terminate this Agreement without further notice to Contractor.
Notwithstanding the foregoing, if the performance of the Services by Contractor under
this Agreement is creating a temporary or permanent public health, welfare or safety
issue, as determined by the City Manager, in the City Manager's sole discretion, the
City Manager may immediately suspend the Services under this Agreement for a time
certain, or, in the alternative, terminate this Agreement on a given date, without
providing Contractor with an opportunity to cure.
3
Upon termination, the City shall be fully discharged from any and all liabilities, duties,
and terms arising out of, or by virtue of, this Agreement.
Notwithstanding the above,the Contractor shall not be relieved of liability to the City for
damages sustained by the City by any breach of the Agreement by the Contractor. The
City, at its sole option and discretion,shall be entitled to bring any and all legal/equitable
actions that it deems to be in its best interest in order to enforce the City's rights and
remedies against Contractor. The City shall be entitled to recover all costs of such
actions, including reasonable attorneys'fees.
5.2 TERMINATION FOR CONVENIENCE OF THE CITY
THE CITY MAY ALSO, THROUGH ITS CITY MANAGER, AND FOR ITS
CONVENIENCE AND WITHOUT CAUSE, TERMINATE THE AGREEMENT AT ANY
TIME DURING THE TERM BY GIVING WRITTEN NOTICE TO CONTRACTOR OF
SUCH TERMINATION; WHICH SHALL BECOME EFFECTIVE WITHIN THIRTY(30)
DAYS FOLLOWING RECEIPT BY THE CONTRACTOR OF SUCH NOTICE. IF THE
AGREEMENT IS TERMINATED FOR CONVENIENCE BY THE CITY,
CONTRACTOR SHALL BE PAID FOR ANY SERVICES SATISFACTORILY
PERFORMED UP TO THE DATE OF TERMINATION; FOLLOWING WHICH THE
CITY SHALL BE DISCHARGED FROM ANY AND ALL LIABILITIES, DUTIES, AND
TERMS ARISING OUT OF, OR BY VIRTUE OF, THIS AGREEMENT.
5.3 TERMINATION FOR INSOLVENCY
The City also reserves the right to terminate the Agreement in the event the
Contractor is placed either in voluntary or involuntary bankruptcy or makes an
assignment for the benefit of creditors. In such event, the right and obligations for the
parties shall be the same as provided for in Section 5.2.
5.4 TERMINATION DUE TO LACK OF FUNDING
The City may also, through its City Manager, terminate this Agreement due to lack of
funds, should available funding be reduced or should funding for the Services not be
approved through the City's budgetary process during the Term of this Agreement,
by giving written notice to the Contractor of such termination. Following termination
pursuant to this section 5.4, the City shall be discharged from any and all liabilities,
duties, and terms arising out of, or by virtue of, this Agreement.
SECTION 6
INDEMNIFICATION AND INSURANCE REQUIREMENTS
6.1 INDEMNIFICATION
Contractor agrees to indemnify and hold harmless the City of Miami Beach and its officers,
employees, agents, and contractors, from and against any and all actions (whether at law or
in equity), claims, liabilities, losses, and expenses, including, but not limited to, attorneys' fees
and costs, for personal, economic, or bodily injury, wrongful death, loss of or damage to
property, which may arise or be alleged to have arisen from the negligent acts, errors,
4
omissions or other wrongful conduct of the Contractor, its officers, employees, agents,
contractors, or any other person or entity acting under Contractor's control or supervision, in
connection with, related to, or as a result of the Contractor's performance of the Services
pursuant to this Agreement. To that extent,the Contractor shall pay all such claims and losses
and shall pay all such costs and judgments which may issue from any lawsuit arising from such
claims and losses, and shall pay all costs and attorneys' fees expended by the City in the
defense of such claims and losses, including appeals.
The parties agree that one percent (1%) of the total compensation to Contractor for
performance of the Services under this Agreement is the specific consideration from the City
to the Contractor for the Contractor's indemnity agreement. The provisions of this Section 6.1
and of this indemnification shall survive termination or expiration of this Agreement.
6.2 INSURANCE REQUIREMENTS
The Contractor shall not commence any work and/or Services pursuant to this Agreement until
all insurance required under this Section has been obtained and such insurance has been
reviewed and approved by the City's Risk Manager.
The Contractor shall maintain and carry in full force during the Term, the following insurance:
1. Comprehensive General Liability insurance in an amount not less than $500,000
combined single limit per occurrence and $1,000,000 aggregate in a policy year.
Deductibles exceeding $1,000 are discouraged, unless Contractor can provide financial
statements to support a higher deductible. The City of Miami Beach must be designated
and shown as an additional insured and the certificate holder with respects to this
coverage. The general liability policy must contain coverage for the following:
a. Bodily Injury;
b. Property Damage;
c. No endorsement for premises only operations.
2. If applicable, Contractor Professional Liability insurance, with coverage amounts
not less than$250,000 per claim and in the aggregate. Defense costs may be inside
the limits of liability and the policy can be written on claims made form. The City of
Miami Beach is not required to be named as an Additional Insured. Professional liability
insurance is generally required when the scope of services uses professional services
that require certification or license(s)to provide direct services to program participants.
3. Workers Compensation & Employers Liability, as required pursuant to Florida
Statutes. Worker's Compensation Insurance must cover all employees, non-
incorporated independent contractors or Contractors, and incorporated independent
contractors or Contractors that do not have worker's compensation coverage or a valid
State of Florida exemption on file with the Department of Labor, as required by Florida
Statutes, Chapter 440. In the event that the Contractor is no longer exempt from
obtaining Worker's Compensation insurance, the Contractor must notify the City of
Miami Beach and provide the necessary certificate of insurance upon the termination
of the exemption. The employer's liability portion will be $500,000/$500,000/$500,000
as a minimum.
The insurance must be furnished by insurance companies authorized to do business in the
State of Florida. All insurance policies must be issued by companies rated no less than "B+"
5
as to management and not less than "Class VI" as to strength by the latest edition of Best's
Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent.
All of Contractor's certificates shall contain endorsements providing that written notice shall be
given to the City at least thirty (30) days prior to termination, cancellation or reduction in
coverage in the policy. The insurance certificates for General Liability shall include the City as
an additional insured and shall contain a waiver of subrogation endorsement.
Original certificates of insurance must be submitted to the City's Risk Manager for approval
(prior to any work and/or services commencing)and will be kept on file in the Office of the Risk
Manager. The City shall have the right to obtain from the Contractor specimen copies of the
insurance policies in the event that submitted certificates of insurance are inadequate to
ascertain compliance with required coverage.
The Contractor is also solely responsible for obtaining and submitting all insurance certificates
for any sub-contractors.
Compliance with the foregoing requirements shall not relieve the Contractor of the liabilities
and obligations under this Section or under any other portion of this Agreement.
Failure by Contractor to comply with Section 6.2 shall be a material breach of this Contract.
The City will not disburse any funds under this Agreement until all required Certificates of
Insurance have been provided to and have been approved by the City's Risk Manager.
The Contractor shall not commence any work and or services pursuant to this Agreement until
all insurance required under this Section has been obtained and such insurance has been
approved by the City's Risk Manager.
Contractor and or Contractor's insurance agent, as applicable, shall notify the City, in writing,
of any material changes in insurance coverage, including, but not limited to, any renewals of
existing insurance policies, not later than thirty (30) days prior to the effective date of making
any material changes to the insurance coverage except for ten (10) days for lack of payment
changes. Contractor shall be responsible for ensuring that all applicable insurance is
maintained and submitted to the City for the duration of this Agreement. In the event of any
change in Contractor's Scope of Services, as set forth in Exhibit "A", the City may increase,
waive, or modify in writing any of the foregoing insurance requirements. Any request by a
Contractor to decrease,waive, or modify any of the foregoing insurance requirements must be
approved, in writing, by the City prior to any such decrease, waiver, or modification. In the
event that an insurance policy is canceled, lapsed, or expired during the effective period of this
Agreement, the City shall withhold all payments to Contractor until a new Certificate of
Insurance required under this section is submitted and approved by the City. The new
insurance policy shall cover the time period commencing from the date of cancellation of the
prior insurance policy. The City may require Contractor to furnish additional and different
insurance coverage, or both, as may be required from time to time under applicable federal or
state laws or the City requirements. Provision of insurance by Contractor, in no instance, shall
be deemed to be a release, limitation, or waiver of any claim, cause of action or assessment
that the City may have against Contractor for any liability of any nature related to performance
under this Agreement or otherwise. All insurance required hereunder may be maintained by
Contractor pursuant to a master or blanket policy or policies of insurance.
6
SECTION 7
LITIGATION JURISDICTIONNENUE/JURY TRIAL WAIVER
This Agreement shall be construed in accordance with the laws of the State of Florida. This
Agreement shall be enforceable in Miami-Dade County, Florida,and if legal action is necessary
by either party with respect to the enforcement of any or all of the terms or conditions herein,
exclusive venue for the enforcement of same shall lie in Miami-Dade County, Florida. By
entering into this Agreement, Contractor and the City expressly waive any rights either party
may have to a trial by jury of any civil litigation related to or arising out of this Agreement.
SECTION 8
LIMITATION OF CITY'S LIABILITY
The City desires to enter into this Agreement only if in so doing the City can place a limit on
the City's liability for any cause of action, for money damages due to an alleged breach by
the City of this Agreement, so that its liability for any such breach never exceeds the sum of
$10,000.00. Contractor hereby expresses its willingness to enter into this Agreement with
Contractor's recovery from the City for any damage action for breach of contract to be limited
to a maximum amount of$10,000.00.
Accordingly, and notwithstanding any other term or condition of this Agreement, Contractor
hereby agrees that the City shall not be liable to the Contractor for damages in an amount in
excess of the sum of$10,000.00.
Nothing contained in this section or elsewhere in this Agreement is in any way intended to
be a waiver of the limitation placed upon the City's liability, as set forth in Section 768.28,
Florida Statutes.
SECTION 9
DUTY OF CARE/COMPLIANCE WITH APPLICABLE LAWS/PATENT RIGHTS;
COPYRIGHT; AND CONFIDENTIAL FINDINGS
9.1 DUTY OF CARE
With respect to the performance of the work and/or service contemplated herein, Contractor
shall exercise that degree of skill, care, efficiency and diligence normally exercised by
reasonable persons and/or recognized professionals with respect to the performance of
comparable work and/or services.
9.2 COMPLIANCE WITH APPLICABLE LAWS
In its performance of the work and/or services, Contractor shall comply with all applicable laws,
ordinances, and regulations of the City, Miami-Dade County, the State of Florida, and the
federal government, as applicable.
9.3 PATENT RIGHTS; COPYRIGHT; CONFIDENTIAL FINDINGS
Any work product arising out of this Agreement, as well as all information specifications,
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processes, data and findings,are intended to be the property of the City and shall not otherwise
be made public and/or disseminated by Contractor,without the prior written consent of the City
Manager, excepting any information, records etc. which are required to be disclosed pursuant
to Court Order and/or Florida Public Records Law.
All reports, documents, articles, devices, and/or work produced in whole or in part under this
Agreement are intended to be the sole and exclusive property of the City, and shall not be
subject to any application for copyright or patent by or on behalf of the Contractor or its
employees or sub-contractors, without the prior written consent of the City Manager.
SECTION 10
GENERAL PROVISIONS
10.1 AUDIT AND INSPECTIONS
Upon reasonable verbal or written notice to Contractor, and at any time during normal
business hours (i.e., 9AM — 5PM, Monday through Fridays, excluding nationally recognized
holidays), and as often as the City Manager may, in his/her reasonable discretion and
judgment, deem necessary, there shall be made available to the City Manager, and/or such ;.
representatives as the City Manager may deem to act on the City's behalf, to audit, examine,
and/ or inspect, any and all other documents and/or records relating to all matters covered
by this Agreement, including Contractor's financial records. Contractor shall maintain any
and all such records at its place of business at the address set forth in the "Notices" section
of this Agreement. Contractor agrees to submit its agency financial audit to the City within 30
days of completion, at least once during the Term of this Agreement.
10.2 [INTENTIONALLY DELETETD]
10.3 ASSIGNMENT, TRANSFER OR SUBCONSULTING
Contractor shall not subcontract, assign, or transfer all or any portion of any work and/or
service under this Agreement without the prior written consent of the City Manager, which
consent, if given at all, shall be in.the Manager's sole judgment and discretion. Neither this
Agreement, nor any term or provision hereof, or right hereunder, shall be assignable unless
as approved pursuant to this Section, and any attempt to make such assignment (unless
approved) shall be void.
Contractor shall be responsible for all Services performed, and all expenses incurred, under
this Agreement, including services provided and expenses incurred by any and all
subcontractors.The City shall not be liable to any subcontractor for any expenses or liabilities
incurred under any subcontract. Contractor shall be solely liable for any expenses or liabilities
incurred under any subcontract. Contractor shall hold harmless and defend, at Contractor's
expense, the City against any claims, demands or actions related to any subcontract.
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10.4 NON-DISCRIMINATION
In connection with the performance of the Services, the Contractor shall not exclude from
participation in, deny the benefits of, or subject to discrimination anyone on the grounds of
race, color, national origin, sex, age, disability, religion, income or family status.
Additionally, Contractor shall comply fully with the City of Miami Beach Human Rights
Ordinance, codified in Chapter 62 of the City Code, as may be amended from time to time,
prohibiting discrimination in employment, housing, public accommodations, and public
services on account of actual or perceived race, color, national origin, religion, sex,
intersexuality, gender identity, sexual orientation, marital and familial status, age, disability,
ancestry, height, weight, domestic partner status, labor organization membership, familial
situation, or political affiliation.
10.5 CONFLICT OF INTEREST
The Contractor herein agrees to adhere to and be governed by all applicable Miami-Dade
County Conflict of Interest Ordinances and ethics provisions, as set forth in the Miami-Dade
County Code, and as may be amended from time to time; and by the City of Miami Beach
Charter and Code (as may be amended from time to time); both of which are incorporated by
reference herein as if fully set forth herein.
The Contractor covenants that it presently has no interest and shall not acquire any interest,
direct or indirectly, which could conflict in any manner or degree with the performance of the
Services. The Contractor further covenants that in the performance of this Agreement,
Contractor shall not employ any person having such interest. No member of or delegate to
the Congress of the United States shall be admitted to any share or part of this Agreement
or to any benefits arising there from.
SECTION 11
NOTICES
All notices and communications in writing required or permitted hereunder, shall4be delivered
personally to the representatives of the Contractor and the City listed below or may be mailed
by U.S. Certified Mail, return receipt requested, postage prepaid, or by a nationally
recognized overnight delivery service.
Until changed by notice in writing, all such notices and communications shall be addressed
as follows:
TO CONTRACTOR: Camillus Health Concern, Inc.
Attn: Francis Afram-Gyening, Chief Executive Officer
336 NW 5th street
Miami, Florida 33128
(305)533-0189
TO CITY: City of Miami Beach
Office of Housing and Community Services
Attn: Alba Ana Tarre, Department Director
1700 Convention Center Drive
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Miami Beach, Florida 33139
(305)673-7491
Notice may also be provided to any other address designated by the party to receive notice if
such alternate address is provided via U.S.certified mail, return receipt requested,hand delivered,
or by overnight delivery. In the event an alternate notice address is properly provided, notice shall
be sent to such alternate address in addition to any other address which notice would otherwise
be sent, unless other delivery instruction as specifically provided for by the party entitled to notice.
Notice shall be deemed given on the day on which personally served, or the day of receipt by
either U.S. certified mail or overnight delivery.
SECTION 12
MISCELLANEOUS PROVISIONS
12.1 CHANGES AND ADDITIONS
This Agreement cannot be modified or amended without the express written consent of the
parties. No modification, amendment, or alteration of the terms or conditions contained herein
shall be effective unless contained in a written document executed with the same formality and
of equal dignity herewith.
12.2 SEVERABILITY
If any term or provision of this Agreement is held invalid or unenforceable, the remainder of
this Agreement shall not be affected and every other term and provision of this Agreement
shall be valid and be enforced to the fullest extent permitted by law.
12.3 ENTIRETY OF AGREEMENT
The City and Contractor agree that this is the entire Agreement between the parties. This
Agreement supersedes all prior negotiations, correspondence, conversations, agreements or
understandings applicable to the matters contained herein, and there are no commitments,
agreements or understandings concerning the subject matter of this Agreement that are not
contained in this document. Title and paragraph headings are for convenient reference and
are not intended to confer any rights or obligations upon the parties to this Agreement.
12.4 CONTRACTOR'S COMPLIANCE WITH FLORIDA PUBLIC RECORDS LAW
(A) Contractor shall comply with Florida Public Records law under Chapter 119, Florida
Statutes, as may be amended from time to time.
(B) The term "public records" shall have the meaning set forth in Section 119.011(12),
which means all documents, papers, letters, maps, books, tapes, photographs, films,
sound recordings, data processing software, or other material, regardless of the
physical form, characteristics, or means of transmission, made or received pursuant to
law or ordinance or in connection with the transaction of official business of the City.
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(C) Pursuant to Section 119.0701 of the Florida Statutes, if the Contractor meets the
definition of"Contractor" as defined in Section 119.0701(1)(a), the Contractor shall:
(1) Keep and maintain public records required by the City to perform the service;
(2) Upon request from the City's custodian of public records, provide the City with
a copy of the requested records or allow the records to be inspected or copied
within a reasonable time at a cost that does not exceed the cost provided in
Chapter 119, Florida Statutes or as otherwise provided by law;
(3) Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed, except as authorized
by law, for the duration of the contract term and following completion of the
Agreement if the Contractor does not transfer the records to the City;
(4) Upon completion of the Agreement, transfer, at no cost to the City, all public
records in possession of the Contractor or keep and maintain public records
required by the City to perform the service. If the Contractor transfers all public
records to the City upon completion of the Agreement, the Contractor shall
destroy any duplicate public records that are exempt or confidential and exempt
from public records disclosure requirements. If the Contractor keeps and.
maintains public records upon completion of the Agreement, the Contractor
shall meet all applicable requirements for retaining public records. All records
stored electronically must be provided to the City, upon request from the City's
custodian of public records, in a format that is compatible with the information
technology systems of the City.
(D) REQUEST FOR RECORDS; NONCOMPLIANCE.
(1) A request to inspect or copy public records relating to the City's contract for
services must be made directly to the City. If the City does not possess the
requested records, the City shall immediately notify the Contractor of the
request, and the Contractor must provide the records to the City or allow the
records to be inspected or copied within a reasonable time.
(2) Contractor's failure to comply with the City's request for records shall constitute
a breach of this Agreement, and the City, at its sole discretion, may: (1)
unilaterally terminate the Agreement; (2) avail itself of the remedies set forth
under the Agreement; and/or(3) avail itself of any available remedies at law or
in equity.
(3) A Contractor who fails to provide the public records to the City within a
reasonable time may be subject to penalties under s. 119.10.
(E) CIVIL ACTION.
(1) If a civil action is filed against a Contractor to compel production of public
records relating to the City's contract for services, the court shall assess and
award against the Contractor the reasonable costs of enforcement, including
reasonable attorney fees, if:
a. The court determines that the Contractor unlawfully refused to comply with
the public records request within a reasonable time; and
b. At least 8 business days before filing the action, the plaintiff provided written
notice of the public records request, including a statement that the
Contractor has not complied with the request, to the City and to the
Contractor.
(2) A notice complies with subparagraph(1)(b)if it is sent to the City's custodian of
public records and to the Contractor at the Contractor's address listed on its
contract with the City or to the Contractor's registered agent. Such notices must
11
be sent by common carrier delivery service or by registered, Global Express
Guaranteed, or certified mail, with postage or shipping paid by the sender and
with evidence of delivery, which may be in an electronic format.
(3) A Contractor who complies with a public records request within 8 business days
after the notice is sent is not liable for the reasonable costs of enforcement.
(F) IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN
OF PUBLIC RECORDS AT:
CITY OF MIAMI BEACH
ATTENTION: RAFAEL E. GRANADO, CITY CLERK
1700 CONVENTION CENTER DRIVE
MIAMI BEACH, FLORIDA 33139
E-MAIL: RAFAELGRANADO(a.MIAMIBEACHFL.GOV
PHONE: 305-673-7411
12.5 ]INTENTIONALLY DELETED]
12.6 CONFIDENTIALITY
Contractor and the City understand that during the course of performing the Services
hereunder, each party may have access to certain confidential and proprietary information and
materials of the other party in order to further performance of the Services. The parties shall
protect confidential information and comply with applicable federal and state laws on
confidentiality to prevent unauthorized use, dissemination or publication of confidential
information as each party uses to protect its own confidential information in a like manner. The
parties shall not disclose confidential information to any third party (except that such
information may be disclosed to such party's attorneys), or to any employee of such party who
does not have a need to know such information, which need is related to performance of a
responsibility hereunder. However,this Agreement imposes no obligation upon the parties with
respect to confidential information which (a) was lawfully known to the receiving party before
receipt from the other, (b) is or becomes a matter of public knowledge through no fault of the
receiving party, (c) is rightfully received by the receiving party from a third party without
restriction on disclosure, (d) is independently developed by or for that party, (e) is disclosed
under operation of law, (f)is.disclosed by the receiving party with the other party's prior written
approval, or (g) is subject to disclosure pursuant to Public Records Laws including, without
limitation, Chapter 119 of the Florida Statutes or is otherwise required to be disclosed by law.
The confidentiality provision of this Agreement shall remain in full force and effect after the
termination of this Agreement.
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12.7 DATA SECURITY OBLIGATION
Contractor shall maintain an appropriate level of data security for the personally identifiable
information (PH)which Contractor is collecting or using in the performance of this Agreement.
PII is information that can uniquely identify, contact, or locate a single person or can be used
with other sources to uniquely identify individuals. Contractor shall maintain and adhere to a
written Data Security Policy that addresses requirements regarding the protection of PII from
unauthorized access and protection against data breaches, and ensures Contractor is in
compliance with applicable federal and state standards with respect to transmission, receipt
and storage of PII on Contractor's computing network and as paper records. This policy shall
address the topics of computer passwords, screensavers that lock computers, securing
physical facilities, storing data, data use, data confidentiality agreements, and staff training
related to the policy. Additionally, Contractor is responsible for approving and tracking all
Contractor employees who request system or information access and ensuring that user
access has been removed from all terminated employees of Contractor. All employees and
independent contractors performing work or duties related to this Agreement will sign a Data
Confidentiality Agreement prior to beginning work related to this Agreement. Contractor must
also abide by all requirements to protect client protected PII.
12.8 'INTENTIONALLY DELETED1
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT 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:
ATTEST: CITY OF MIAMI BEACH, FLORIDA
By:
Rafael E. Granado, City Clerk Dan Gelber, Mayor
Date Date
FOR CONTRACTOR:
ATTEST: CAMILLUS HOUSE, INC.
a Florida not-for-profit corporation
By:
Print Name/Title Print Name/Title
Date Date
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
aliatkikc.. T71103
,,City Attorney iE' Date
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EXHIBIT "A"
"SCOPE OF SERVICES"
Contractor staff must advise the City of the status of all referrals for Services related to this
Agreement within five (5) business days of referral. If clients are unable to be located,
Contractor must notify the City no later than (7) seven business days after referral was made.
Contractor staff must advise the City of any changes to service delivery, including but not
limited to language barriers, capacity issues, client concerns, staff concerns, and scheduling
changes, immediately.
Service Deliverables
Services must be delivered as follows:
Service Unit of Service Documentation of Services
Specialized The Contractor will commit the i • Full HMIS assessment to
Healthcare Outreach following team, comprising of a include the administration of
psychiatric advanced practical ; the VI-SPDAT(Vulnerability
registered nurse (APRN) and a Index and Service
medical assistant for the , Prioritization Decision
collaboration. Assistance Tool), HMIS
Notice of Uses and
The City will commit resources Disclosures, and HMIS
such as case management, i Consent to Release and
transportation, and project ; Exchange Information.
coordination. • Comprehensive assessment
including examination of
The Contractor will provide the medical needs.
following Outreach Healthcare • Implementation of a
Services: medical/behavioral health
• On location medical and ' treatment plan (medical
psychiatric care reminders, blood work, health
management I status monitoring, medication
• Wound care observation, monitoring for
• Case Management chronic illnesses, transport of
coordination participants to clinic for
• Coordination to in-clinic dental, podiatry, health care
services and other medical needs).
• Delivery of Medications • Implementation of Case
Management plan
The City will maintain a caseload [entitlement applications,
4 ! of individuals experiencing ! housing referrals (emergency ,
homelessness on Miami Beach ' housing, transitional housing
for the Contractor to provide including substance abuse or
outreach healthcare services. mental health treatment, or
The City will provide/coordinate permanent housing including
15
transportation services to those Housing First, Rapid Re-
individuals on the caseload. Housing, and Permanent
Supportive Housing), and
other ongoing case
management services].
Medication When applicable medication, Client Monthly Progress Summary
observation observation seven (7) days a Report
week.
Case Review with 1 Monthly Joint Meeting w/City Client Monthly Progress Summary
City Staff Staff Monthly Report
Service Benchmarks
Service Benchmark(s)
Specialized Outreach At least 50% of program participants served will move on to
shelter or other permanent destination.
Progress Report •Care Plan Amendments, as appropriate and necessary
•Referrals Issued for services identified in evolving Care Plan
•Care Plan Progress Reports delivered monthly
Housing From the 50% of program participants served who will move on
to shelter and/or other permanent destination 50% will have
stayed in a permanent destination for more than 30 days.
Termination • Client Destination after discharge and/or reason for
program termination as reported through HMIS
Penalties for Failure to Perform
If the contractor fails on two occasions to submit required, accurate documentation in the
timeframe allotted, including the notification of absence email, the Contractor will forfeit two
(2%) percent of the combined billed total for the months in which inaccuracies took place.
Documents submitted within the required timeframe and found to be insufficient are subject to
penalties for failure to perform.
If the contractor fails on three occasions to submit required, accurate documentation in the
timeframe allotted within the contract Term, the Contractor is subject to termination of any
further service referrals, but Contractor will be allowed to complete the service units allotted to
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existing clients. The decision to cease additional referrals rests is the sole discretion of the
City.
"Required, accurate documentation" may refer to:
• Monthly invoices
• Monthly client lists
• Notification contact forms
• Any document required by this Agreement
If any individual employed by or independently contracted with the Contractor fails, on more
than one occasion, to attend a scheduled client meeting without notifying the City of an
impending absence, the City reserves the right to remove that individual from the Contractor's
staff roster for the purposes of this Contract.
If the Contractor is unable to fulfill the contracted service level within the allocated timeframe
for each service component, the City reserves the right to reduce service levels accordingly
across the funded service spectrum and terminate this Agreement at its discretion.
If the Contractor is unable to fulfill the contracted service level and the City subsequently
reduces service and funding levels, the City reserves the right to select another vendor to fulfill
the remaining service units. The City will select the alternate vendor at its sole discretion.
Reporting Requirements
Each month, the Contractor will provide the City with a monthly progress report and
reimbursement request utilizing the City's Reporting and Reimbursement Forms (Exhibit B)
by 5:00 PM on the fifth(5th)of the following month. In the event that the fifth of the month lands
on a Saturday, Sunday or holiday, the report must be submitted the following business day.
Monthly reports and reimbursement requests may be submitted via any of the following
methods:
• Electronic mail
• Standard mail
• Hand delivery
Monthly reports will not be considered acceptable unless the following is met:
• Forms are completely and accurately filled
• Necessary back-up materials are included (service documentation, etc.)
• Reports bear the signature of the authorized agency representative submitting the
report on behalf of the Contractor
Monitoring & Performance Reviews
The City reserves the right to inspect, monitor and/or audit the Contractor to ensure contractual
compliance. This includes, but is not limited to:
• Review of on-site service delivery
• Inspection and review of budgetary and employee files (for those employees providing
services under this Agreement)
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Promotion & Public Relations Requirements
The Contractor agrees to receive City of Miami Beach Homeless Outreach Program Brochures
and make them available to clients during all in-person client interactions. Contractor agrees
to identify the City as funder in all media, promotional materials and press releases referencing
the program's services within the City of Miami Beach.
Client Termination
Contractor staff must notify the Program Coordinator of client inactivity. If the Contractor is not
been able to locate a client, Contractor must notify the Program Coordinator by the eight (8)
business day.
Additional Documentation
The following documentation must be submitted with this executed agreement:
• All required insurance certificates
• Copy of most recent financial audit, as appropriate
• Copy of required business licenses and permits
• List of all members of Contractor's Board of Directors, if applicable
• Contractor's Board of Directors by-laws, if applicable
• Conflict of Interest policy
• Agency 990 Form
• Agency W-9 Form
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.
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EXHIBIT "B"
INVOICING
The Contractor agrees to provide the invoicing and services documentation as indicated
utilizing the following forms attached herein:
• Monthly Service Summary Report, and
• Monthly Reimbursement Request
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EXHIBIT "C"
ATTACHMENTS
The following reference documents are attached:
• Client referral
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