Professional Services Agreement between CMB & Favela Miami CorpDocuSign Envelope ID: C86226C5-ACFD-44EC-953E-A9C569A5AE7B
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PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF MIAMI BEACH
AND
FAVELA MIAMI CORP
FOR
HOMELESS EMPLOYMENT SERVICES
12/1/2023 1 7:56 EST
This Professional Services Agreement ("Agreement") is entered into this day of
20_ , with a retroactive effective date of October 1, 2023 ("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 FAVELA MIAMI CORP whose address is 1441 Lincoln Road,
Suite 201, Miami Beach, FL 33139 ("Contractor").
SECTION 1
DEFINITIONS
Agreement. This Agreement between the City and Contractor, including any exhibits
and amendments thereto.
City Manager: The chief administrative officer of the City.
City Manager's
Designee: The City staff member who is designated by the City Manager to administer
this Agreement on behalf of the City. The City Manager's designee shall be
the Office of Housing and Community Services Department Director.
Contractor For the purposes of this Agreement, Contractor shall be deemed to be an
independent Contractor, and not an agent or employee of the City.
Services: All services, work and actions by the Contractor performed or undertaken
pursuant to the Agreement.
Fee: Amount paid to the Contractor as compensation for Services.
Risk Manager: The Risk Manager of the City, with offices at 1700 Convention Center
Drive, Third Floor, Miami Beach, Florida 33139; telephone number (305)
673-7000, Ext. 6435; and fax number (305) 673-7023.
SECTION 2
SCOPE OF SERVICES
2.1 In consideration of the Fee to be paid to Contractor by the City, Contractor shall provide
the work and services described in Exhibit "A" hereto (the "Services'). Although Contractor may
receive a schedule of the available hours to provide its Services, the City shall not control nor
have the right to control the hours of the Services performed by the Contractor; where the Services
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are performed (although the City will provide Contractor with the appropriate location to perform
the Services); when the Services are performed, including how many days a week the Services
are performed; how the Services are performed, or any other aspect of the actual manner and
means of accomplishing the Services provided. Notwithstanding the foregoing, all Services
provided by the Contractor shall be performed in accordance with the terms and conditions set
forth in Exhibit "A" and to the reasonable satisfaction of the City Manager. If there are any
questions regarding the Services to be performed, Contractor should contact the following person:
City of Miami Beach
Office of Housing & Community Services
Attention- Alba Ana Tarre, Department Director
1700 Convention Center Drive
Miami Beach, Florida 33139
2.2 Contractor's Services, and any deliverables incident thereto, shall be completed in
accordance with the timeline and/or schedule in Exhibit [A] hereto.
SECTION 3
TERM
The term of this Agreement ("Term") shall commence upon execution ("Effective Date") and shall
expire on September 30, 2024.
Notwithstanding the Term provided herein, Contractor shall adhere to any specific timelines,
schedules, dates, and/or performance milestones for completion and delivery of the Services, as
same is/are set forth in the timeline and/or schedule referenced in Exhibit A hereto.
SECTION 4
FEE
4.1 In consideration of the Services to be provided, Contractor shall be compensated on a
fixed fee basis, for a total not to exceed: One Hundred Thousand ($100,000).
4.2 Contractor shall be compensated for the Services, as more specifically set forth in Exhibit
A as follows:
The Contractor shall submit monthly requests for payment including payroll records and
other applicable back-up documentation no later than the 101" day of the succeeding
month. Compensation will be issued in corresponding monthly installments.
4.3 Contractor shall provide the City with a detailed invoice, on a monthly basis, that details
all services performed by Contractor in a particular month. Contractor invoice are subject to
review and approval. The City shall not remit any payment to Contractor unless Contractor
provides a detailed invoice that is acceptable to the City.
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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
shalt be submitted to the City at the following address:
City of Miami Beach
Office of Housing & Community Services
Attention: Alba Tarre, Department Director
1700 Convention Center Drive
Miami Beach, Florida 33139
SECTION 5
TERMINATION
5.1 TERMINATION FOR CAUSE
If the Contractor shall fail to fulfill in a timely manner, or otherwise violates, any of the covenants,
agreements, or stipulations material to this Agreement, the City, through its City Manager, shall
thereupon have the right to terminate this Agreement for cause. Prior to exercising its option to
terminate for cause, the City shall notify the Contractor of its violation of the particular term(s) of
this Agreement and shall grant Contractor ten (10) days to cure such default. If such default
remains uncured after ten (10) days, the City may terminate this Agreement without further notice
to Contractor. Upon termination, the City shall be fully discharged from any and all liabilities,
duties, and terms arising out of, or by virtue of, this Agreement.
Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages
sustained by the City for any breach of the Agreement by the Contractor. The City, at its sole
option and discretion, shall be entitled to bring any and all legal/equitable actions that it deems to
be in Its best interest in order to enforce the City's rights and remedies against Contractor. The
City shall be entitled to recover all costs of such actions, including reasonable attorneys' fees.
5.2 TERMINATION FOR CONVENIENCE OF THE CITY
THE CITY MAY ALSO, THROUGH ITS CITY MANAGER, AND FOR ITS
CONVENIENCE AND WITHOUT CAUSE, TERMINATE THE AGREEMENT AT ANY
TIME DURING THE TERM BY GIVING WRITTEN NOTICE TO CONTRACTOR OF
SUCH TERMINATION; WHICH SHALL BECOME EFFECTIVE WITHIN THIRTY (30)
DAYS FOLLOWING RECEIPT BY THE CONTRACTOR OF SUCH NOTICE.
ADDITIONALLY, IN THE EVENT OF A PUBLIC HEALTH, WELFARE OR SAFETY
CONCERN, AS DETERMINED BY THE CITY MANAGER, IN THE CITY MANAGER'S
SOLE DISCRETION, THE CITY MANAGER, PURSUANT TO A VERBAL OR WRITTEN
NOTIFICATION TO CONTRACTOR, MAY IMMEDIATELY SUSPEND THE SERVICES
UNDER THIS AGREEMENT FOR A TIME CERTAIN, OR IN THE ALTERNATIVE,
TERMINATE THIS AGREEMENT ON A GIVEN DATE. IF THE AGREEMENT IS
TERMINATED FOR CONVENIENCE BY THE CITY, CONTRACTOR SHALL BE PAID
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FOR ANY SERVICES SATISFACTORILY PERFORMED UP TO THE DATE OF
TERMINATION; FOLLOWING WHICH THE CITY SHALL BE DISCHARGED FROM
ANY AND ALL LIABILITIES, DUTIES, AND TERMS ARISING OUT OF, OR BY VIRTUE
OF, THIS AGREEMENT.
5.3 TERMINATION FOR INSOLVENCY
The City also reserves the right to terminate the Agreement in the event the Contractor is placed
either in voluntary or involuntary bankruptcy or makes an assignment for the benefit of creditors.
In such event, the right and obligations for the parties shall be the same as provided for in
Section 5.2.
SECTION 6
INDEMNIFICATION AND INSURANCE REQUIREMENTS
6.1 INDEMNIFICATION
Contractor agrees to indemnify, defend and hold harmless the City of Miami Beach and its officers,
employees, agents, and Contractors, from and against any and all actions (whether at law or in
equity), claims, liabilities, losses, and expenses, including, but not limited to, attorneys' fees and
costs, for personal, economic or bodily injury, wrongful death, loss of or damage to property, which
may arise or be alleged to have arisen from the negligent acts, errors, omissions or other wrongful
conduct of the Contractor, its officers, employees, agents, Contractors, or any other person or
entity acting under Contractor's control or supervision, in connection with, related to, or as a result
of the Contractor's performance of the Services pursuant to this Agreement. To that extent, the
Contractor shall pay all such claims and losses and shall pay all such costs and judgments which
may issue from any lawsuit arising from such claims and losses, and shall pay all costs and
attorneys' fees expended by the City in the defense of such claims and losses, including appeals.
The Contractor expressly understands and agrees that any insurance protection required by this
Agreement or otherwise provided by the Contractor shall in no way limit the Contractor's
responsibility to indemnify, keep and save harmless and defend the City or its officers, employees,
agents and instrumentalities as herein provided.
The parties agree that one percent (1 %) of the total compensation to Contractor for performance
of the Services under this Agreement is the specific consideration from the City to the Contractor
for the Contractor's indemnity agreement. The provisions of this Section 6.1 and of this
indemnification shall survive termination or expiration of this Agreement.
6.2 INSURANCE REQUIREMENTS
The Contractor shall maintain and carry in full force during the Term, the following insurance.
1 Contractor General Liability, in the amount of $1,000,000;
2. Contractor Professional Liability, in the amount of $200,000: and
3. Workers Compensation & Employers Liability, as required pursuant to Florida Statutes.
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.
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Timely renewal certificates will be provided to the City as coverage renews. The insurance
certificates for General Liability shall include the City as an additional insured and shall contain a
waiver of subrogation endorsement. Contractor's insurance shall be primary and not contributory
for direct claims arising out of the Agreement under the Commercial General Liability policy. If the
Professional Liability coverage is provided on a claims made basis, then such insurance shall
continue for (3) years following the expiration or termination of the Agreement.
Original certificates of insurance must be submitted to the City's Risk Manager for approval (prior
to any work and/or services commencing) and will be kept on file in the Office of the Risk Manager.
The City shall have the right to obtain from the Contractor specimen copies of the insurance
policies in the event that submitted certificates of insurance are inadequate to ascertain
compliance with required coverage.
The Contractor is also solely responsible for obtaining and submitting all insurance certificates for
any sub -Contractors.
Compliance with the foregoing requirements shall not relieve the Contractor of the liabilities and
obligations under this section or under any other portion of this Agreement.
The Contractor shall not commence any work and or services pursuant to this Agreement until all
insurance required under this section has been obtained and such insurance has been approved
by the City's Risk Manager.
SECTION 7
LITIGATION JURISDICTIONfVENUE/JURY TRIAL WAIVER
This Agreement shall be construed in accordance with the laws of the State of Florida. This
Agreement shall be enforceable in Miami -Dade County, Florida, and if legal action is necessary
by either party with respect to the enforcement of any or all of the terms or conditions herein,
exclusive venue for the enforcement of same shall lie in Miami -Dade County, Florida. By entering
into this Agreement, Contractor and the City expressly waive any rights either party may have to
a trial by jury of any civil litigation related to or arising out of this Agreement.
SECTION 8
LIMITATION OF CITY'S LIABILITY
The City desires to enter into this Agreement only if in so doing the City can place a limit on the
City's liability for any cause of action, for money damages due to an alleged breach by the City of
this Agreement, so that its liability for any such breach never exceeds the sum of $10,000.
Contractor hereby expresses its willingness to enter into this Agreement with Contractor's
recovery from the City for any damage action for breach of contract to be limited to a maximum
amount of $10,000.
Accordingly, and notwithstanding any other term or condition of this Agreement, Contractor
hereby agrees that the City shall not be liable to the Contractor for damages in an amount in
excess of $10,000 for any action or claim for breach of contract arising out of the performance or
non-performance of any obligations imposed upon the City by this Agreement.
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Nothing contained in this section or elsewhere in this Agreement is in any way intended to be a
waiver of the limitation placed upon the City's liability, as set forth in Section 768.28, Florida
Statutes.
SECTION 9
DUTY OF CARE/COMPLIANCE WITH APPLICABLE LAWS/PATENT RIGHTS; COPYRIGHT
AND CONFIDENTIAL FINDINGS
9.1 DUTY OF CARE
With respect to the performance of the Services contemplated herein, Contractor shall exercise
that degree of skill, care, efficiency and diligence normally exercised by reasonable persons
and/or recognized professionals with respect to the performance of comparable work and/or
services.
9.2 COMPLIANCE WITH APPLICABLE LAWS
In its performance of the Services, Contractor shall comply with all applicable laws, ordinances,
and regulations of the City, Miami -Dade County, the State of Florida, and the federal government,
as applicable.
9.3 PATENT RIGHTS; COPYRIGHT; CONFIDENTIAL FINDINGS
Any work product arising out of this Agreement, as well as all information specifications,
processes, data and findings, are intended to be the property of the City and shall not otherwise
be made public and/or disseminated by Contractor, without the prior written consent of the City
Manager, excepting any information, records etc. which are required to be disclosed pursuant to
Court Order and/or Florida Public Records Law.
All reports, documents, articles, devices, and/or work produced in whole or in part under this
Agreement are intended to be the sole and exclusive property of the City, and shall not be subject
to any application for copyright or patent by or on behalf of the Contractor or its employees or
sub -Contractors, without the prior written consent of the City Manager.
SECTION 10
GENERAL PROVISIONS
10.1 AUDIT AND INSPECTIONS
Upon reasonable verbal or written notice to Contractor, and at any time during normal business
hours (i.e. 9AM — 5PM, Monday through Fridays, excluding nationally recognized holidays), and
as often as the City Manager may, in his/her reasonable discretion and 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.
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Contractor shall maintain any and all such records at its place of business at the address set
forth in the "Notices" section of this Agreement.
10.2 INSPECTOR GENERAL AUDIT RIGHTS
(A) Pursuant to Section 2-256 of the Code of the City of Miami Beach, the City has established
the Office of the Inspector General which may, on a random basis, perform reviews, audits,
inspections and investigations on all City contracts, throughout the duration of said
contracts. This random audit is separate and distinct from any other audit performed by
or an behalf of the City.
(B) The Office of the Inspector General is authorized to investigate City affairs and
empowered to review past, present and proposed City programs, accounts, records,
contracts and transactions. In addition, the Inspector General has the power to subpoena
witnesses, administer oaths, require the production of witnesses and monitor City projects
and programs. Monitoring of an existing City project or program may include a report
concerning whether the project is on time, within budget and in conformance with the
contract documents and applicable law. The Inspector General shall have the power to
audit, investigate, monitor, oversee, inspect and review operations, activities, performance
and procurement process including but not limited to project design, bid specifications,
(bid/proposal) submittals, activities of the Contractor, its officers, agents and employees,
lobbyists, City staff and elected officials to ensure compliance with the contract documents
and to detect fraud and corruption. Pursuant to Section 2-378 of the City Code, the City
is allocating a percentage of its overall annual contract expenditures to fund the activities
and operations of the Office of Inspector General.
(C) Upon ten (10) days written notice to the Contractor, the Contractor shall make all
requested records and documents available to the Inspector General for inspection and
copying. The Inspector General is empowered to retain the services of independent
private sector auditors to audit, investigate, monitor, oversee, inspect and review
operations activities, performance and procurement process including but not limited to
project design, bid specifications, (bid/proposal) submittals, activities of the Contractor its
officers, agents and employees, lobbyists, City staff and elected officials to ensure
compliance with the contract documents and to detect fraud and corruption.
(D) The Inspector General shall have the right to inspect and copy all documents and records
in the Contractor's possession, custody or control which in the Inspector General's sole
judgment, pertain to performance of the contract, including, but not limited to original
estimate files, change order estimate files, worksheets, proposals and agreements from
and with successful subcontractors and suppliers, all project -related correspondence,
memoranda, instructions, financial documents, construction documents, (bid/proposal)
and contract documents, back -change documents, all documents and records which
involve cash, trade or volume discounts, insurance proceeds, rebates, or dividends
received, payroll and personnel records and supporting documentation for the aforesaid
documents and records.
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(E) The Contractor shall make available at its office at all reasonable times the records,
materials, and other evidence regarding the acquisition (bid preparation) and performance
of this Agreement, for examination, audit, or reproduction, until three (3) years after final
payment under this Agreement or for any longer period required by statute or by other
clauses of this Agreement. In addition:
i. If this Agreement is completely or partially terminated, the Contractor shall make
available records relating to the work terminated until three (3) years after any
resulting final termination settlement; and
ii. The Contractor shall make available records relating to appeals or to litigation or
the settlement of claims arising under or relating to this Agreement until such
appeals, litigation, or claims are finally resolved.
(F) The provisions in this section shall apply to the Contractor, its officers, agents, employees,
subcontractors and suppliers. The Contractor shall incorporate the provisions in this
section in all subcontracts and all other agreements executed by the Contractor in
connection with the performance of this Agreement.
(G) Nothing in this section shall impair any independent right to the City to conduct audits or
investigative activities. The provisions of this section are neither intended nor shall they
be construed to impose any liability on the City by the Contractor or third parties.
10.3 ASSIGNMENT TRANSFER OR SUBCONSULTING
Contractor shall not subcontract, assign, or transfer all or any portion of any work and/or service
under this Agreement without the prior written consent of the City Manager, which consent, if
given at all, shall be in the Manager's sole judgment and discretion. Neither this Agreement, nor
any term or provision hereof, or right hereunder, shall be assignable unless as approved
pursuant to this section, and any attempt to make such assignment (unless approved) shall be
void.
10.4 PUBLIC ENTITY CRIMES
Prior to commencement of the Services, the Contractor shall file a State of Florida Form PUR
7068, Sworn Statement under Section 287.133(3)(a) Florida Statute on Public Entity Crimes with
the City's Procurement Division.
10.5 NO DISCRIMINATION
In connection with the performance of the Services, the Contractor 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
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identity, sexual orientation, marital and familial status, age, disability, ancestry, height, weight,
domestic partner status, labor organization membership, familial situation, or political affiliation.
10.6 CONFLICT OF INTEREST
Contractor herein agrees to adhere to and be governed by all applicable Miami -Dade County
Conflict of Interest Ordinances and Ethics provisions, as set forth in the Miami -Dade County
Code, as may be amended from time to time; and by the City of Miami Beach Charter and Code,
as may be amended from time to time; both of which are incorporated by reference as if fully set
forth herein.
Contractor covenants that it presently has no interest and shall not acquire any interest, directly
or indirectly, which could conflict in any manner or degree with the performance of the Services.
Contractor further covenants that in the performance of this Agreement, Contractor shall not
employ any person having any such interest. No member of or delegate to the Congress of the
United States shall be admitted to any share or part of this Agreement or to any benefits arising
therefrom.
10.7 CONTRACTOR'S COMPLIANCE WITH FLORIDA PUBLIC RECORDS LAW
(A) Contractor shall comply with Florida Public Records law under Chapter 119, Florida
Statutes, as may be amended from time to time.
(B) The term "public records" shall have the meaning set forth in Section 119.011(12), which
means all documents, papers, letters, maps, books, tapes, photographs, films, sound
recordings, data processing software, or other material, regardless of the physical form,
characteristics, or means of transmission, made or received pursuant to law or ordinance
or in connection with the transaction of official business of the City
(C) Pursuant to Section 119.0701 of the Florida Statutes, if the Contractor meets the definition
of "Contractor" as defined in Section 119.0701(1)(a), the Contractor shall:
(1) Keep and maintain public records required by the City to perform the service;
(2) Upon request from the City's custodian of public records, provide the City with a
copy of the requested records or allow the records to be inspected or copied within
a reasonable time at a cost that does not exceed the cost provided in Chapter 119,
Florida Statutes or as otherwise provided by law;
(3) Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed, except as authorized by law,
for the duration of the contract term and following completion of the Agreement if
the Contractor does not transfer the records to the City,
(4) Upon completion of the Agreement, transfer, at no cost to the City, all public
records in possession of the Contractor or keep and maintain public records
required by the City to perform the service. If the Contractor transfers all public
records to the City upon completion of the Agreement, the Contractor shall destroy
any duplicate public records that are exempt or confidential and exempt from public
records disclosure requirements. If the Contractor keeps and 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
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format that is compatible with the information technology systems of the City.
(D) REQUEST FOR RECORDS; NONCOMPLIANCE.
(1) A request to inspect or copy public records relating to the City's contract for
services must be made directly to the City. If the City does not possess the
requested records, the City shall immediately notify the Contractor of the request,
and the Contractor must provide the records to the City or allow the records to be
inspected or copied within a reasonable time.
(2) Contractor's failure to comply with the City's request for records shall constitute a
breach of this Agreement, and the City, at its sole discretion, may: (1) unilaterally
terminate the Agreement; (2) avail itself of the remedies set forth under the
Agreement; and/or (3) avail itself of any available remedies at law or in equity.
(3) A Contractor who fails to provide the public records to the City within a reasonable
time may be subject to penalties under s. 119.10.
(E) CIVIL ACTION.
(1) If a civil action is filed against a Contractor to compel production of public records
relating to the City's contract for services, the court shall assess and award against
the Contractor the reasonable costs of enforcement, including reasonable
attorneys' fees, if:
a. The court determines that the Contractor unlawfully refused to comply with
the public records request within a reasonable time; and
b. At least 8 business days before filing the action, the plaintiff provided written
notice of the public records request, including a statement that the Contractor
has not complied with the request, to the City and to the Contractor.
(2) A notice complies with subparagraph (1)(b) if it is sent to the City's custodian of
public records and to the Contractor at the Contractor's address listed on its
contract with the City or to the Contractor's registered agent. Such notices must
be sent by common carrier delivery service or by registered, Global Express
Guaranteed, or certified mail, with postage or shipping paid by the sender and with
evidence of delivery, which may be in an electronic format.
(3) A Contractor who complies with a public records request within 8 business days
after the notice is sent is not liable for the reasonable costs of enforcement.
(F) IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN
OF PUBLIC RECORDS AT:
CITY OF MIAMI BEACH
ATTENTION: RAFAEL E. GRANADO, CITY CLERK
1700 CONVENTION CENTER DRIVE
MIAMI BEACH, FLORIDA 33139
E-MAIL: RAFAELGRANADO c'�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 Contractor or the City's obligations under the Agreement, and (ii) is beyond the
reasonable control of such party unable to perform the obligation, and (iii) is not due to an
intentional act, error, omission, or negligence of such party, and (iv) could not have
reasonably been foreseen and prepared for by such party at any time prior to the
occurrence of the event. Subject to the foregoing criteria, Force Majeure may include
events such as war, civil insurrection, riot, fires, epidemics, pandemics, terrorism,
sabotage, explosions, embargo restrictions, quarantine restrictions, transportation
accidents, strikes, strong hurricanes or tornadoes, earthquakes, or other acts of God
which prevent performance. Force Majeure shall not include technological impossibility,
inclement weather, or failure to secure any of the required permits pursuant to the
Agreement.
(B) If the City or Contractor's performance of its contractual obligations is prevented or
delayed by an event believed by to be Force Majeure, such party shall immediately, upon
learning of the occurrence of the event or of the commencement of any such delay, but in
any case within fifteen (15) business days thereof, provide notice: (i) of the occurrence of
event of Force Majeure, (ii) of the nature of the event and the cause thereof, (iii) of the
anticipated impact on the Agreement, (iv) of the anticipated period of the delay, and (v) of
what course of action such party plans to take in order to mitigate the detrimental effects
of the event. The timely delivery of the notice of the occurrence of a Force Majeure event
is a condition precedent to allowance of any relief pursuant to this section; however,
receipt of such notice shall not constitute acceptance that the event claimed to be a Force
Majeure event is in fact Force Majeure, and the burden of proof of the occurrence of a
Force Majeure event shall be on the requesting party.
(C) No party hereto shall be liable for its failure to carry out its obligations under the Agreement
during a period when such party is rendered unable, in whole or in part, by Force Majeure
to carry out such obligations. The suspension of any of the obligations under this
Agreement due to a Force Majeure event shall be of no greater scope and no longer
duration than is required. The party shall use its reasonable best efforts to continue to
perform its obligations hereunder to the extent such obligations are not affected or are
only partially affected by the Force Majeure event, and to correct or cure the event or
condition excusing performance and otherwise to remedy its inability to perform to the
extent its inability to perform is the direct result of the Force Majeure event with all
reasonable dispatch.
(D) Obligations pursuant to the Agreement that arose before the occurrence of a Force
Majeure event, causing the suspension of performance, shall not be excused as a result
of such occurrence unless such occurrence makes such performance not reasonably
possible. The obligation to pay money in a timely manner for obligations and liabilities
which matured prior to the occurrence of a Force Majeure event shall not be subject to the
Force Majeure provisions.
(E) Notwithstanding any other provision to the contrary herein, in the event of a Force Majeure
occurrence, the City may, at the sole discretion of the City Manager, suspend the City's
payment obligations under the Agreement, and may take such action without regard to the
notice requirements herein. Additionally, in the event that an event of Force Majeure
delays a party's performance under the Agreement for a time period greater than thirty
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(30) days, the City may, at the sole discretion of the City Manager, terminate the
Agreement on a given date, by giving written notice to Contractor of such termination. if
the Agreement is terminated pursuant to this section, Contractor shall be paid for any
Services satisfactorily performed up to the date of termination; following which the City
shall be discharged from any and all liabilities, duties, and terms arising out of, or by virtue
of, this Agreement. In no event will any condition of Force Majeure extend this Agreement
beyond its stated term.
10.9 E-VERIFY
(A) To the extent that Contractor provides labor, supplies, or services under this Agreement,
Contractor shall comply with Section 448.095, Florida Statutes, "Employment Eligibility"
("E-Verify Statute"), as may be amended from time to time. Pursuant to the E-Verify
Statute, commencing on January 1, 2021, Contractor shall register with and use the E-
Verify system to verify the work authorization status of all newly hired employees during
the Term of the Agreement. Additionally, Contractor shall expressly require any
subcontractor performing work or providing services pursuant to the Agreement to likewise
utilize the U.S. Department of Homeland Security's E-Verify system to verify the
employment eligibility of all new employees hired by the subcontractor during the contract
Term. If Contractor enters into a contract with an approved subcontractor, the
subcontractor must provide the Contractor with an affidavit stating that the subcontractor
does not employ, contract with, or subcontract with an unauthorized alien. Contractor
shall maintain a copy of such affidavit for the duration of the contract or such other
extended period as may be required under this Agreement-
(B) TERMINATION RIGHTS.
(1) If the City has a good faith belief that Contractor has knowingly violated Section
448.09(1), Florida Statutes, which prohibits any person from knowingly employing,
hiring, recruiting, or referring an alien who is not duly authorized to work by the
immigration laws or the Attorney General of the United States, the City shall
terminate this Agreement with Contractor for cause, and the City shall thereafter
have or owe no further obligation or liability to Contractor.
(2) If the City has a good faith belief that a subcontractor has knowingly violated the
foregoing Subsection 10.9(A), but the Contractor otherwise complied with such
subsection, the City will promptly notify the Contractor and order the Contractor to
immediately terminate the contract with the subcontractor. Contractor's failure to
terminate a subcontractor shall be an event of default under this Agreement,
entitling City to terminate the Contractor's 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 Contractor or a subcontractor 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 Contractor under the foregoing
Subsection (13)(1), Contractor may not be awarded a public contract for at least 1
year after the date of termination of this Agreement.
(6) Contractor is liable for any additional costs incurred by the City as a result of the
termination of this Agreement under this Section 10.9.
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SECTION 11
NOTICES
All notices and communications in writing required or permitted hereunder, shall be delivered
personally to the representatives of the Contractor and the City listed below or may be mailed
by U.S. Certified Mail, return receipt requested, postage prepaid, or by a nationally recognized
overnight delivery service.
Until changed by notice, in writing, all such notices and communications shall be addressed as
follows:
TO CONTRACTOR: Favela Miami
Attention: Valerie Navarrete
Valerie@favelamiami.org
786-546-2422
TO CITY: City of Miami Beach, Florida
Office of Housing and Community Services
Attn: Alba Tarre, Department Director
1700 Convention Center Drive
Miami Beach, Florida 33139
(305) 673-7491 ext. 26175
Notice may also be provided to any other address designated by the party to receive notice if such
alternate address is provided via U.S. certified mail, return receipt requested, hand delivered, or by
overnight delivery. In the event an alternate notice address is properly provided, notice shall be sent
to such alternate address in addition to any other address which notice would otherwise be sent,
unless other delivery instruction as specifically provided for by the party entitled to notice.
Notice shall be deemed given on the date of an acknowledged receipt, or, in all other cases, on the
date of receipt or refusal.
SECTION 12
MISCELLANEOUS PROVISIONS
12.1 CHANGES AND ADDITIONS
This Agreement cannot be modified or amended without the express written consent of the
parties. No modification, amendment, or alteration of the terms or conditions contained herein
shall be effective unless contained in a written document executed with the same formality and of
equal dignity herewith.
12.2 SEVERABILITY
If any term or provision of this Agreement is held invalid or unenforceable, the remainder of this
Agreement shall not be affected and every other term and provision of this Agreement shall be
valid and be enforced to the fullest extent permitted by law.
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12.3 WAIVER OF BREACH
A party's failure to enforce any provision of this Agreement shall not be deemed a waiver of such
provision or modification of this Agreement. A party's waiver of any breach of a provision of this
Agreement shall not be deemed a waiver of any subsequent breach and shall not be construed
to be a modification of the terms of this Agreement.
12.4 JOINT PREPARATION
The parties hereto acknowledge that they have sought and received whatever competent advice
and counsel as was necessary for them to form a full and complete understanding of all rights
and obligations herein and that the preparation of this Agreement has been a joint effort of the
parties, the language has been agreed to by parties to express their mutual intent and the resulting
document shall not, solely as a matter of judicial construction, be construed more severely against
one of the parties than the other.
12.5 ENTIRETY OF AGREEMENT
The City and Contractor agree that this is the entire agreement between the parties. This
Agreement supersedes all prior negotiations, correspondence, conversations, agreements or
understandings applicable to the matters contained herein, and there are no commitments,
agreements or understandings concerning the subject matter of this Agreement that are not
contained in this document. Title and paragraph headings are for convenient reference and are
not intended to confer any rights or obligations upon the parties to this Agreement.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by their appropriate officials, as of the date first entered above.
FOR CITY:
ATTEST:
DocuSigned by:
By
Rafael .T anado, City Clerk
12/1/2023 1 7:56 EST
Date.
FOR CONTRACTOR
ATTEST:
CITY OF MIAMI BEACH, FLORIDA
A . H7udak, City anager
li
FAVELA MIAMI CORP
/J� Codoop ve�34 Pd
LDT
604 W OK 7X9V '()SR
Valerie Navarrete, President
Print Name and Title Print Name and Title
Date:
15
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
,ttCity Attorney Date
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EXHIBIT "A"
"SCOPE OF SERVICES"
Contractor staff must contact all clients referred by the City as related to this Agreement within
two (2) business days of referral. If clients are unresponsive, Contractor must notify the City no
later than (8) eight days after referral was made.
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.
Contractor staff must advise the City of any changes to service delivery, including but nottimited
to language barriers, capacity issues, client concerns, staff concerns, and scheduling than^
immediately.
Employment 2,445 Completion and execution of the following documents:
Training/ hours
Sanitation and 1. Employee Timesheets (indicating work completed up
Temp Agency to 160 hours per homeless client employed) -$15
Work referrals/ p/hour
Resume Building 2. Employee Timesheets (indicating completion of up to
three (3) hours of Employee Orientation per client
employed-$15 p/hour
3. Copies of completed client resumes
4. Documentation of submitted job referrals
Supervision of
1,000
Completion and execution of the following documents:
Employment
hours
Training/
1. Employee Timesheets ($55.00 p/hour)
Sanitation work
referrals
Provision of
100
Completion and execution of the following documents:
Accounting
Hours
Services
1. Employee Timesheets ($25.00 p/hour)
Provision of Up to 15 Completion and execution of the following documents:
Uniforms for Uniforms
Those Employed 1. Documentation indicating receipt of the following:
in Employment a) Uniforms and Supplies
by Sanitation
Department
Operating Program Insurance Cost $2,000.00
Expenses
Provision of Up to 40 Completion and execution of the following documents
Check Issuance issued 1. Copy of the issued checks ($1.00 p/ check issued)
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for Employment checks
Training
Service Deliverables
Services must be delivered as follows
QC14 izt1.1ui
111ia,•i�K )erziK:at•l.rIu•���nu[vir
aut-
Employment
One (1) Pre- City of Miami Beach
Upon execution of
Training
Employment
agreement and by
Training/ Orientation
September 30, 2024
per client hired
Sanitation Work
Minimum of one (1) City of Miami Beach
Upon execution of
Referrals for
client referred to
agreement and by
Clients Referred
Sanitation
September 30, 2024
by the Office of
Department per
Housing &
month
Community
Services
Job
Refer up to (45)
Development
sheltered clients for
resume
development and
submission to
potential employers
Temporary
Refer employed
Employment
clients to temporary
Agency Referrals
employment agency
upon Sanitation job
completion
City of Miami Beach
City of Miami Beach
Upon execution of
agreement and by
September 30, 2024
Upon execution of
agreement and by
September 30, 2024
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 existing
clients. The decision to cease additional referrals rests is the sole discretion of the City.
"Required, accurate documentation" may refer to:
• Monthly invoices
• Monthly receipts
• Monthly client lists
• Notification contact forms
• Any document required by this Agreement
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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.
Employee/ Contractor File Review
The following documentation must be included in the employee/contractor file for all
employees/contractors providing services under this contract.
The following must be included in the employee files:
• Employment Application
• Job Description Signed by Employee
• Confidentiality Agreement Re: Client Information
• Authorized time sheets, records, and attendance sheets to document the staff time billed
to provide Services pursuant to this Agreement
• Daily activity logs and monthly calendars of the provision of Services pursuant to this
Agreement
• 1-9 Verification on File
• Social Security Card
Monitoring visits shall take place within thirty (30) days of the commencement of services. The
City will provide the Contractor a minimum of two (2) business days' notice prior to a monitoring
visit.
The City reserves the right to inspect employee/contractor files with due notice (at least forty-eight
(48) hours in advance of planned site visit) to ensure adherence to contractual expectations.
Evaluation
In the continuing effort to ensure programming excellence, clients will be provided with evaluation
forms at the end of each programming component to gauge their satisfaction with services
provided. The evaluation forms will be provided by the City and will be administered at the
following times:
• Upon completion of first employment session
• Upon completion of final employment session
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The City will conduct intermittent performance evaluations for the purpose of monitoring the
Contractor's performance. The City will conduct said evaluations utilizing a tool of its choice and
at its sole discretion.
Reporting Requirements
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 (51h) 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. Reports
are due to the City on the following dates:
Monthly reports and reimbursement requests may be submitted via any of the following methods:
• Electronic mail
• Standard mail
• Hand delivery
Monthly reports will not be considered acceptable unless the following is met:
• Forms are completely and accurately filled
• Necessary back-up materials are included (service documentation, sign -in sheets,
etc.)
• Reports bear the signature of the authorized agency representative submitting the
report on behalf of the Contractor
Monitoring & Performance Reviews
The City reserves the right to inspect, monitor and/or audit the Contractor to ensure contractual
compliance. This includes, but is not limited to:
• Review of on -site service delivery
• Inspection and review of budgetary and employee files (for those employees providing
services under this Agreement)
Promotion & Public Relations Requirements
The Contractor agrees to receive City of Miami Beach Homeless Outreach Program Brochures
and make them available to clients during all in -person client interactions.
Client Termination
Contractor staff must notify the Program Coordinator of employment client inactivity. If the
Contractor is not been able to reach a client, they must notify the Program Coordinator by the
eight (8) business day.
Additional Documentation
The following documentation must be submitted with this executed agreement:
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• 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
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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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MIAMI BEACH
Resolution No. 2023-32729 Agreement between the City of Miami Beach and Favela Miami for Homeless Employment
Services
Favela Miami Office of Housing and Community Services
Dr. Alba A. Tarre
Rkk'Jle Williams
Type 1- Contract, amendment, change order, or task order resulting from a procurement -issued competitive solicitation.
X
Type 2 - Other contract, amendment, change order, or task order not resulting from a procurement -issued competitive solicitation.
Type 3 - Independent Contractor Agreement (ICA)
Type 6 - Tenant Agreement
Type 4 - Grant agreements with the City as the recipient
Type 7 - Inter -governmental agency agreement
Type S - Grant agreements with the City as the grantor
Other:
Favela Miami provides temporary employment services to sheltered homeless clients via peer street outreach and
engagement, including employment activities with the Sanitation Division of the City's Public Works Department, assistance
with resume building services, and referrals to temporary job agencies. Favela Miami has provided services to the City of
Miami Beach's homeless clients since 2022.
The Office of Housing & Community seeks to execute a Professional Services Agreement with Favela Miami to continue
providing shelter clients with life skills/temporary employment services during Fiscal Year 2023-2024, pursuant to the direction
received from City Commission per Resolution No.2023-32730. Clients of the program receive support services through skill -
building techniques. These skills strengthen their mental health wellness and assist the client in navigating stressors to foster
reintegration into society and prepare them for full-time employment. An Agreement has been finalized and form -approved
by the City Attorney's Office.
The professional services provided by Favela Miami qualify as professional services exempt from formal bidding requirements
under Section 287.057(1)(e)(9). Resolution No. 2023-32730 was approved by the Mayor and City Commission on September
13, 2023, for the PSA between the City and Favela and further authorizing the City Manager to execute the Agreement. This
item seeks the City Manager's signature of the Professional Services Agreement in an amount not to exceed $100,000 for one
(1) year as authorized in the Resolution.
October 1, 2023-September 30, 2024 N/A 1 Year
Grant Funded: Yes I X1 No I I State I I Federal I I Other:
1 1 $100,000
1 Homeless Services:011-0560-000349-23-405-575-00-00-00
Yes I X I No
1. For contracts longer than five years, contact the Procurement Department. 2. Attach any supporting explanation needed.
3. Budget approval indicates approval for the current fiscal year only. Future years are subject to City Commission approval of
the annual adopted operating budget.
City Commission Approved:
X
Yes
No
Resolution No.:
CC Agenda Item No.:
CC Meeting Date:
2023-32730
C7G
9/13/2023
Legal Form Approved: X Yes No If no, explain below why form approval is not necessary:
Procurement:
Grants:
N/A
Alex Denis
,y„p._ 11/8/2023
:40 EST
Budget:
w
a ionTechnology:
N/A
Tomeko Otto Stewart
11/28/2023
T' a„ M. sbwf
1nfor
ST
Risk Management:
, 11/9/2023
FI t ESTcilities:
N/A
Marc Chevalier
Ann (uuudnr
Human Resources:
Reviewed by:Monica
«
MI
Garcia
Theresa Buigas
6f
�3
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Fct aOLUTION NO. 2023-32730
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING, IN SUBSTANTIAL FORM, THE
PROFESSIONAL SERVICES AGREEMENT ATTACHED TO THE CITY
COMMISSION MEMORANDUM ACCOMPANYING THIS RESOLUTION,
BETWEEN THE CITY AND FAVELA MIAMI CORP, FOR HOMELESS
EMP OYMEfG 17 SERVICES DURING FY 2024 IN AN AMOUNT NOT TO
EXCEED $100,000.00; AND FURTHER AUTHORIZING THE CITY MANAGER
TO FINALIZE AND EXECUTE THE AGREEMENT.
WHEREAS, in 2016, the Office of Housing and Community Services ('Department'')
piloted a program with H.O.P E in Miami Dade, Inc to provide employment training to homeless
persons who accepted shelter; and
WHEREAS, following a successful pilot, funding for the employment training program
became recurring in the Department's operating budget; and
WHEREAS, the employment training program was halted in 2020 due to the onset of the
COVID-19 pandemic; and
WHEREAS, on July 26, 2021, H O.P.E. in Miami Dade, Inc. notified the City that they
would not be rendering services for Fiscal Year 2022; and
WHEREAS, in 2022, the Administration identified a new vendor, Favela Miami Corp
("Favela Miami"), to resume the homeless employment training program. and
WHEREAS, Favela Miami is a local, non-profit organization that advocates for the
homeless population and connects them to community resources, and
WHEREAS, on October 13, 2022, the City executed a Professional Services Agreement
with Favela Miami Corp, in the amount of $69,556.93, to resume homeless employment services
via peer street outreach and engagement: and
WHEREAS, following program evaluation, on February 14 2023, the City and Favela
Miami executed Amendment No 1 to the Professional Services Agreement; said Amendment
increasing the budget for the program to $78,869.91 and expanding the Scope of Services to
include: (1) referrals of homeless individuals to the Sanitation Division of the City's Public Works
Department for temporary employment; (2) assistance with resume building services; and (3)
referrals to temporary job agencies, and
WHEREAS, since the Agreement's execution, Favela Miami has employed fifteen (15)
sheltered homeless persons for street outreach and sanitation duties and has assisted an
additional twenty-five (25) sheltered homeless persons with obtaining permanent employment,
and
WHEREAS, based upon Favela Miami's commendable program performance in Fiscal
Year 2023, the City Manager recommends approving, in substantial form, the Professional
Services Agreement attached to the City Commission Memorandum accompanying this
Resolution, between the City and Favela Miami Corp, for a term of one (1) year, commencing on
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October 1, 2023 and expiring on September 30, 2024, for homeless employment services in the
amount not to exceed $100,000.00.
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, the Professional Services Agreement attached to the City Commission
Memorandum accompanying this Resolution, between the City and Favela Miami Corp, for
homeless employment services during FY 2024 in the amount not to exceed $100,000.00; and
further authorize the City Manager to finalize and execute the Agreement.
PASSED and ADOPTED this 13 day of s�6lkr , 2023.
ATTEST:
SEP 2 0 2023
RAFAEL E. GRANADO, CITY CLERK
Z�a_z_
DAN GELBER, MAYOR
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RtwhiltQns - U 7 G
MIAMI BEACH
COMMISSION MEMORANDUM
TO Honorable Mayor and Members of the City Commission
FROM: Alina T. Hudak, City Manager
DATE September 13, 2023
SUBJECT A RESOLUTION OF THE MAYOR AND CiTY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, APPROVING, INSUBSTANTIAL FORM, THE
PROFESSIONAL SERVICES AGREEMENT ATTACHED TO THE CITY
COMMISSION MEMORANDUM ACCOMPANYING THiS RESOLUTION,
BETWEEN THE CiTY AND FAVELA MIAMI CORP, FOR HOMELESS
EMPLOYMENT SERVICES DURING FY 2024 IN AN AMOUNT NOT TO
EXCEED $100,000.00. AND FURTHER AUTHORIZING THE CITY
MANAGER TO FINALIZE AND EXECUTE THE AGREEMENT,
The Administration recommends approving the Resolution to authonze the execution of the
Professional Services Agreement between the City of Miami Beach and Favela Miami Corp
("Favela Miami") for homeless employment services for an amount not to exceed $100,000.
BACKGROUNDLHISTORY
In 2016, the Office of Housing and Community Services piloted a program with H.O.P.E. in
Miami Dade, Inc. to provide employment training to homeless persons that accepted shelter.
Under the supervision of the contracted vendor (H.O.P.E.), homeless individuals conducted
street outreach to homeless peers to share the benefits of accepting homeless services.
Following a successful pilot, funding for the employment training program became recurring in
the department's operating budget. Due to the onset of the COVID-19 pandemic, the program
was halted n 2020.
On October 13, 2022. the City executed an agreement with Favela Miami in the amount of
$69.556.93 to resume homeless employment services via peer street outreach.
I n January 2023, the Administration met with the Favela Miami to explore program enhancement
opportunities that could potentially be more beneficial to the homeless client's path to obtaining
permanent employment. Following program evaluation, Amendment No.1 was executed on
February 14, 2023 to increase the program's budget to $78,869,91, and to amend the scope of
services to allow homeless individuals to be temporarily employed in activities involved with the
Sanitation Division of the City's Public Woms Department, and to be further assisted with
resume building services and referrals to temporaryjob agencies.
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ANALYSIS
Favela Miami has done a commendable fob at employing the Citys sheltered homeless while
simultaneously promobng fhe beautification and cleanliness of the City. Since the Agreement's
execution in October 2022, Favela Miami has employed fifteen (15) sheltered homeless
persons for street outreach and Sanitation duties and has assisted an additional twventy-five (25)
sheltered persons with obtaining permanent employment. Furthermore, because of Favela
Miami's advocacy, several restaurants in the South Beach area currently offer meals to
employees that are participating in the City's employment training program free of charge or at
reduced costs.
The Administration has drafted the FY 2024 agreement to include employment training,
Sanitation work referrals, job development, and temporary employment agency referrals for
sheltered homeless clients that are referred by the City's Homeless Outreach Services
Division. The proposed FY 2024 budget for homeless employment services is $100,000.
The service deliverables in the proposed FY 2024 agreement include
Employment One (1) Pre- City of Miami Beach Upon execution of
Training Employment agreement and by
1 Training/ Onentabon September 30, 2024
f per client hired
Sanitation Work Mirumum of one (1) City of Miami Beach Upon execubon of
Referals client referred to agreement and by
Sanitation September 30, 2024
Department per
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Development
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resume development
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City of Miami Beach Upon execution of
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September 30, 2C24
City of Miami Beach Upon execution of
agreement and by
September 30, 2024
The Administration ,s seeking the approval of an agreement with Favela Miami to continue homeless
employment services frrxm October 1, 2023 to September 30, 2G24, in an amount not to exceed
$100,000.
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 conbrwously 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.
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The Administration recommends approving the agreement with Favela Miami and authorizing
the City Manager to execute the agreement.
Applicable Area
Not Applicable
Is this a "Residents Right Doer-thi*item.utlize_0.0.
tQ�' ittee . Rursuanttc Bond -Funds?
City Code Section 2-14?
No No
Mobility - Address homelessness.
Le kdativv_Tracking
Housing and Community Services
ATTACHMENTS!
Description
❑ Resolution
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PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF MIAMI BEACH
AND
FAVELA MIAMI CORP
FOR
HOMELESS EMPLOYMENT SERVICES
12/1/2023 1 7:56 EST
This Professional Services Agreement ("Agreement") is entered into this day of
20_ , with a retroactive effective date of October 1, 2023 ("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 FAVELA MIAMI CORP whose address is 1441 Lincoln Road,
Suite 201, Miami Beach, FL 33139 ("Contractor').
SECTION 1
DEFINITIONS
Agreement. This Agreement between the City and Contractor, including any exhibits
and amendments thereto.
City Manager: The chief administrative officer of the City
City Manager's
Designee: The City staff member who is designated by the City Manager to administer
this Agreement on behalf of the City. The City Manager's designee shall be
the Office of Housing and Community Services Department Director.
Contractor: For the purposes of this Agreement, Contractor shall be deemed to be an
independent Contractor, and not an agent or employee of the City.
Services: All services, work and actions by the Contractor performed or undertaken
pursuant to the Agreement.
Fee: Amount paid to the Contractor as compensation for Services.
Risk Manager The Risk Manager of the City, with offices at 1700 Convention Center
Drive, Third Floor, Miami Beach, Florida 33139: telephone number (305)
673-7000, Ext. 6435; and fax number (305) 673-7023.
SECTION 2
SCOPE OF SERVICES
2.1 In consideration of the Fee to be paid to Contractor by the City, Contractor shall provide
the work and services described in Exhibit "A" hereto (the "Services").Although Contractor may
receive a schedule of the available hours to provide its Services, the City shall not control nor
have the right to control the hours of the Services performed by the Contractor; where the Services
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are performed (although the City will provide Contractor with the appropriate location to perform
the Services); when the Services are performed, including how many days a week the Services
are performed; how the Services are performed, or any other aspect of the actual manner and
means of accomplishing the Services provided. Notwithstanding the foregoing, all Services
provided by the Contractor shall be performed in accordance with the terms and conditions set
forth in Exhibit "A" and to the reasonable satisfaction of the City Manager. If there are any
questions regarding the Services to be performed, Contractor should contact the following person:
City of Miami Beach
Office of Housing & Community Services
Attention: Alba Ana Tarre, Department Director
1700 Convention Center Drive
Miami Beach, Florida 33139
2.2 Contractor's Services, and any deliverables incident thereto, shall be completed in
accordance with the timeline and/or schedule in Exhibit LJ hereto.
SECTION 3
TERM
The term of this Agreement ("Term") shall commence upon execution ("Effective Date") and shall
expire on September 30, 2024.
Notwithstanding the Term provided herein, Contractor shall adhere to any specific timelines,
schedules, dates, and/or performance milestones for completion and delivery of the Services, as
same is/are set forth in the timeline and/or schedule referenced in Exhibit A hereto.
SECTION 4
FEE
4.1 In consideration of the Services to be provided, Contractor shall be compensated on a
fixed fee basis, for a total not to exceed: One Hundred Thousand ($100,000).
4.2 Contractor shall be compensated for the Services, as more specifically set forth in Exhibit
A as follows:
The Contractor shall submit monthly requests for payment including payroll records and
other applicable back-up documentation no later than the 101" day of the succeeding
month. Compensation will be issued in corresponding monthly installments.
4.3 Contractor shall provide the City with a detailed invoice, on a monthly basis, that details
all services performed by Contractor in a particular month. Contractor invoice are subject to
review and approval. The City shall not remit any payment to Contractor unless Contractor
provides a detailed invoice that is acceptable to the City.
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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, Department Director
1700 Convention Center Drive
Miami Beach, Florida 33139
SECTION 5
TERMINATION
5.1 TERMINATION FOR CAUSE
If the Contractor shall fail to fulfill in a timely manner, or otherwise violates, any of the covenants,
agreements, or stipulations material to this Agreement, the City, through its City Manager, shall
thereupon have the right to terminate this Agreement for cause. Prior to exercising its option to
terminate for cause, the City shall notify the Contractor of its violation of the particular term(s) of
this Agreement and shall grant Contractor ten (10) days to cure such default. If such default
remains uncured after ten (10) days, the City may terminate this Agreement without further notice
to Contractor. Upon termination, the City shall be fully discharged from any and all liabilities,
duties, and terms arising out of, or by virtue of, this Agreement.
Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages
sustained by the City for any breach of the Agreement by the Contractor. The City, at its sole
option and discretion, shall be entitled to bring any and all legal/equitable actions that it deems to
be in Its best interest in order to enforce the City's rights and remedies against Contractor. The
City shall be entitled to recover all costs of such actions, including reasonable attorneys' fees.
5.2 TERMINATION FOR CONVENIENCE OF THE CITY
THE CITY MAY ALSO, THROUGH ITS CITY MANAGER, AND FOR ITS
CONVENIENCE AND WITHOUT CAUSE, TERMINATE THE AGREEMENT AT ANY
TIME DURING THE TERM BY GIVING WRITTEN NOTICE TO CONTRACTOR OF
SUCH TERMINATION; WHICH SHALL BECOME EFFECTIVE WITHIN THIRTY (30)
DAYS FOLLOWING RECEIPT BY THE CONTRACTOR OF SUCH NOTICE.
ADDITIONALLY, IN THE EVENT OF A PUBLIC HEALTH, WELFARE OR SAFETY
CONCERN, AS DETERMINED BY THE CITY MANAGER, IN THE CITY MANAGER'S
SOLE DISCRETION, THE CITY MANAGER, PURSUANT TO A VERBAL OR WRITTEN
NOTIFICATION TO CONTRACTOR, MAY IMMEDIATELY SUSPEND THE SERVICES
UNDER THIS AGREEMENT FOR A TIME CERTAIN, OR IN THE ALTERNATIVE,
TERMINATE THIS AGREEMENT ON A GIVEN DATE. IF THE AGREEMENT IS
TERMINATED FOR CONVENIENCE BY THE CITY, CONTRACTOR SHALL BE PAID
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FOR ANY SERVICES SATISFACTORILY PERFORMED UP TO THE DATE OF
TERMINATION; FOLLOWING WHICH THE CITY SHALL BE DISCHARGED FROM
ANY AND ALL LIABILITIES, DUTIES, AND TERMS ARISING OUT OF, OR BY VIRTUE
OF, THIS AGREEMENT.
5.3 TERMINATION FOR INSOLVENCY
The City also reserves the right to terminate the Agreement in the event the Contractor is placed
either in voluntary or involuntary bankruptcy or makes an assignment for the benefit of creditors.
In such event, the right and obligations for the parties shall be the same as provided for in
Section 5.2.
SECTION 6
INDEMNIFICATION AND INSURANCE REQUIREMENTS
6.1 INDEMNIFICATION
Contractor agrees to indemnify, defend and hold harmless the City of Miami Beach and its officers,
employees, agents, and Contractors, from and against any and all actions (whether at law or in
equity), claims, liabilities, losses, and expenses, including, but not limited to, attorneys' fees and
costs, for personal, economic or bodily injury, wrongful death, loss of or damage to property, which
may arise or be alleged to have arisen from the negligent acts, errors, omissions or other wrongful
conduct of the Contractor, its officers, employees, agents, Contractors, or any other person or
entity acting under Contractor's control or supervision, in connection with, related to, or as a result
of the Contractor's performance of the Services pursuant to this Agreement. To that extent, the
Contractor shall pay all such claims and losses and shall pay all such costs and judgments which
may issue from any lawsuit arising from such claims and losses, and shall pay all costs and
attorneys' tees expended by the City in the defense of such claims and losses, including appeals.
The Contractor expressly understands and agrees that any insurance protection required by this
Agreement or otherwise provided by the Contractor shall in no way limit the Contractor's
responsibility to indemnify, keep and save harmless and defend the City or its officers, employees,
agents and instrumentalities as herein provided.
The parties agree that one percent (1 %) of the total compensation to Contractor for performance
of the Services under this Agreement is the specific consideration from the City to the Contractor
for the Contractor's indemnity agreement. The provisions of this Section 6.1 and of this
indemnification shall survive termination or expiration of this Agreement.
6.2 INSURANCE REQUIREMENTS
The Contractor shall maintain and carry in full force during the Term, the following insurance.
1. Contractor General Liability, in the amount of $1,000,000;
2. Contractor Professional Liability, in the amount of $200,000; and
3. Workers Compensation & Employers Liability, as required pursuant to Florida Statutes.
The insurance must be fumished 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.
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Timely renewal certificates will be provided to the City as coverage renews. The insurance
certificates for General Liability shall include the City as an additional insured and shall contain a
waiver of subrogation endorsement. Contractor's insurance shall be primary and not contributory
for direct claims arising out of the Agreement under the Commercial General Liability policy. If the
Professional Liability coverage is provided on a claims made basis, then such insurance shall
continue for (3) years following the expiration or termination of the Agreement.
Original certificates of insurance must be submitted to the City's Risk Manager for approval (prior
to any work and/or services commencing) and will be kept on file in the Office of the Risk Manager.
The City shall have the right to obtain from the Contractor specimen copies of the insurance
policies in the event that submitted certificates of insurance are inadequate to ascertain
compliance with required coverage.
The Contractor is also solely responsible for obtaining and submitting all insurance certificates for
any sub -Contractors.
Compliance with the foregoing requirements shall not relieve the Contractor of the liabilities and
obligations under this section or under any other portion of this Agreement.
The Contractor shall not commence any work and or services pursuant to this Agreement until all
insurance required under this section has been obtained and such insurance has been approved
by the City's Risk Manager.
SECTION 7
LITIGATION JURISDICTIONNENUEOURY TRIAL WAIVER
This Agreement shall be construed in accordance with the laws of the State of Florida. This
Agreement shall be enforceable in Miami -Dade County, Florida, and if legal action is necessary
by either party with respect to the enforcement of any or all of the terms or conditions herein,
exclusive venue for the enforcement of same shall lie in Miami -Dade County, Florida. By entering
into this Agreement, Contractor and the City expressly waive any rights either party may have to
a trial by jury of any civil litigation related to or arising out of this Agreement.
SECTION 8
LIMITATION OF CITY'S LIABILITY
The City desires to enter into this Agreement only if in so doing the City can place a limit on the
City's liability for any cause of action, for money damages due to an alleged breach by the City of
this Agreement, so that its liability for any such breach never exceeds the sum of $10,000.
Contractor hereby expresses its willingness to enter into this Agreement with Contractor's
recovery from the City for any damage action for breach of contract to be limited to a maximum
amount of $10,000.
Accordingly, and notwithstanding any other term or condition of this Agreement, Contractor
hereby agrees that the City shall not be liable to the Contractor for damages in an amount in
excess of $10,000 for any action or claim for breach of contract arising out of the performance or
non-performance of any obligations imposed upon the City by this Agreement.
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Nothing contained in this section or elsewhere in this Agreement is in any way intended to be a
waiver of the limitation placed upon the City's liability, as set forth in Section 768.28, Florida
Statutes.
SECTION 9
DUTY OF CARE/COMPLIANCE WITH APPLICABLE LAWS/PATENT RIGHTS; COPYRIGHT
AND CONFIDENTIAL FINDINGS
9.1 DUTY OF CARE
With respect to the performance of the Services contemplated herein, Contractor shall exercise
that degree of skill, care, efficiency and diligence normally exercised by reasonable persons
and/or recognized professionals with respect to the performance of comparable work and/or
services.
9.2 COMPLIANCE WITH APPLICABLE LAWS
In its performance of the Services, Contractor shall comply with all applicable laws, ordinances,
and regulations of the City, Miami -Dade County, the State of Florida, and the federal government,
as applicable.
9.3 PATENT RIGHTS,• COPYRIGHT; CONFIDENTIAL FINDINGS
Any work product arising out of this Agreement, as well as all information specifications,
processes, data and findings, are intended to be the property of the City and shall not otherwise
be made public and/or disseminated by Contractor, without the prior written consent of the City
Manager, excepting any information, records etc. which are required to be disclosed pursuant to
Court Order and/or Florida Public Records Law.
All reports, documents, articles, devices, and/or work produced in whole or in part under this
Agreement are intended to be the sole and exclusive property of the City, and shall not be subject
to any application for copyright or patent by or on behalf of the Contractor or its employees or
sub -Contractors, without the prior written consent of the City Manager.
SECTION 10
GENERAL PROVISIONS
10.1 AUDIT AND INSPECTIONS
Upon reasonable verbal or written notice to Contractor, and at any time during normal business
hours (i.e. 9AM — 5PM, Monday through Fridays, excluding nationally recognized holidays), and
as often as the City Manager may, in his/her reasonable discretion and 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.
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Contractor shall maintain any and all such records at its place of business at the address set
forth in the "Notices" section of this Agreement.
10.2 INSPECTOR GENERAL_ AUDIT RIGHTS
(A) Pursuant to Section 2-256 of the Code of the City of Miami Beach, the City has established
the Office of the Inspector General which may, on a random basis, perform reviews, audits,
inspections and investigations on all City contracts, throughout the duration of said
contracts. This random audit is separate and distinct from any other audit performed by
or on behalf of the City.
(B) The Office of the Inspector General is authorized to investigate City affairs and
empowered to review past, present and proposed City programs, accounts, records,
contracts and transactions. In addition, the Inspector General has the power to subpoena
witnesses, administer oaths, require the production of witnesses and monitor City projects
and programs. Monitoring of an existing City project or program may include a report
concerning whether the project is on time, within budget and in conformance with the
contract documents and applicable law. The Inspector General shall have the power to
audit, investigate, monitor, oversee, inspect and review operations, activities, performance
and procurement process including but not limited to project design, bid specifications,
(bid/proposal) submittals, activities of the Contractor, its officers, agents and employees,
lobbyists, City staff and elected officials to ensure compliance with the contract documents
and to detect fraud and corruption. Pursuant to Section 2-378 of the City Code, the City
is allocating a percentage of its overall annual contract expenditures to fund the activities
and operations of the Office of inspector General.
(C) Upon ten (10) days written notice to the Contractor, the Contractor shall make all
requested records and documents available to the Inspector General for inspection and
copying. The Inspector General is empowered to retain the services of independent
private sector auditors to audit, investigate, monitor, oversee, inspect and review
operations activities, performance and procurement process including but not limited to
project design, bid specifications, (bid/proposal) submittals, activities of the Contractor its
officers, agents and employees, lobbyists, City staff and elected officials to ensure
compliance with the contract documents and to detect fraud and corruption.
(D) The Inspector General shall have the right to inspect and copy all documents and records
in the Contractor's possession, custody or control which in the Inspector General's sole
judgment, pertain to performance of the contract, including, but not limited to original
estimate files, change order estimate files, worksheets, proposals and agreements from
and with successful subcontractors and suppliers, all project -related correspondence,
memoranda, instructions, financial documents, construction documents, (bid/proposal)
and contract documents, back -change documents, all documents and records which
involve cash, trade or volume discounts, insurance proceeds, rebates, or dividends
received, payroll and personnel records and supporting documentation for the aforesaid
documents and records.
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(E) The Contractor shall make available at its office at all reasonable times the records,
materials, and other evidence regarding the acquisition (bid preparation) and performance
of this Agreement, for examination, audit, or reproduction, until three (3) years after final
payment under this Agreement or for any longer period required by statute or by other
clauses of this Agreement. In addition:
i. If this Agreement is completely or partially terminated, the Contractor shall make
available records relating to the work terminated until three (3) years after any
resulting final termination settlement; and
ii. The Contractor shall make available records relating to appeals or to litigation or
the settlement of claims arising under or relating to this Agreement until such
appeals, litigation, or claims are finally resolved.
(F) The provisions in this section shall apply to the Contractor, its officers, agents, employees,
subcontractors and suppliers. The Contractor shall incorporate the provisions in this
section in all subcontracts and all other agreements executed by the Contractor in
connection with the performance of this Agreement.
(G) Nothing in this section shall impair any independent right to the City to conduct audits or
investigative activities. The provisions of this section are neither intended nor shall they
be construed to impose any liability on the City by the Contractor or third parties.
10.3 ASSIGNMENT, TRANSFER OR SUBCONSULTING
Contractor shall not subcontract, assign, or transfer all or any portion of any work and/or service
under this Agreement without the prior written consent of the City Manager, which consent, if
given at all, shall be in the Manager's sole judgment and discretion. Neither this Agreement, nor
any term or provision hereof, or right hereunder, shall be assignable unless as approved
pursuant to this section, and any attempt to make such assignment (unless approved) shall be
void.
10.4 PUBLIC ENTITY CRIMES
Prior to commencement of the Services, the Contractor shall file a State of Florida Form PUR
7068, Sworn Statement under Section 287 133(3)(a) Florida Statute on Public Entity Crimes with
the City's Procurement Division.
10.5 NO DISCRIMINATION
In connection with the performance of the Services, the Contractor 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
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identity, sexual orientation, marital and familial status, age, disability, ancestry, height, weight,
domestic partner status, labor organization membership, familial situation, or political affiliation.
10.6 CONFLICT OF INTEREST
Contractor herein agrees to adhere to and be governed by all applicable Miami -Dade County
Conflict of Interest Ordinances and Ethics provisions, as set forth in the Miami -Dade County
Code, as may be amended from time to time; and by the City of Miami Beach Charter and Code,
as may be amended from time to time; both of which are incorporated by reference as if fully set
forth herein.
Contractor covenants that it presently has no interest and shall not acquire any interest, directly
or indirectly, which could conflict in any manner or degree with the performance of the Services.
Contractor further covenants that in the performance of this Agreement, Contractor shall not
employ any person having any such interest. No member of or delegate to the Congress of the
United States shall be admitted to any share or part of this Agreement or to any benefits arising
therefrom.
10.7 CONTRACTOR'S COMPLIANCE WITH FLORIDA PUBLIC RECORDS LAW
(A) Contractor shall comply with Florida Public Records law under Chapter 119, Florida
Statutes, as may be amended from time to time.
(B) The term "public records" shall have the meaning set forth in Section 119.011(12), which
means all documents, papers, letters, maps, books, tapes, photographs, films, sound
recordings, data processing software, or other material, regardless of the physical form,
characteristics, or means of transmission, made or received pursuant to law or ordinance
or in connection with the transaction of official business of the City.
(C) Pursuant to Section 119.0701 of the Florida Statutes, if the Contractor meets the definition
of "Contractor" as defined in Section 119,0701(1)(a), the Contractor shall:
(1) Keep and maintain public records required by the City to perform the service;
(2) Upon request from the City's custodian of public records, provide the City with a
copy of the requested records or allow the records to be inspected or copied within
a reasonable time at a cost that does not exceed the cost provided in Chapter 119,
Florida Statutes or as otherwise provided by law;
(3) Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed, except as authorized by law,
for the duration of the contract term and following completion of the Agreement if
the Contractor does not transfer the records to the City;
(4) Upon completion of the Agreement, transfer, at no cost to the City, all public
records in possession of the Contractor or keep and maintain public records
required by the City to perform the service. If the Contractor transfers all public
records to the City upon completion of the Agreement, the Contractor shall destroy
any duplicate public records that are exempt or confidential and exempt from public
records disclosure requirements. If the Contractor keeps and 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
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format that is compatible with the information technology systems of the City.
(D) REQUEST FOR RECORDS; NONCOMPLIANCE.
(1) A request to inspect or copy public records relating to the City's contract for
services must be made directly to the City. If the City does not possess the
requested records, the City shall immediately notify the Contractor of the request,
and the Contractor must provide the records to the City or allow the records to be
inspected or copied within a reasonable time.
(2) Contractor's failure to comply with the City's request for records shall constitute a
breach of this Agreement, and the City, at its sole discretion, may: (1) unilaterally
terminate the Agreement; (2) avail itself of the remedies set forth under the
Agreement; and/or (3) avail itself of any available remedies at law or in equity.
(3) A Contractor who fails to provide the public records to the City within a reasonable
time may be subject to penalties under s. 119.10.
(E) CIVIL ACTION.
(1) If a civil action is filed against a Contractor to compel production of public records
relating to the City's contract for services, the court shall assess and award against
the Contractor the reasonable costs of enforcement, including reasonable
attorneys' fees, if:
a. The court determines that the Contractor unlawfully refused to comply with
the public records request within a reasonable time; and
b. At least 8 business days before filing the action, the plaintiff provided written
notice of the public records request, including a statement that the Contractor
has not complied with the request, to the City and to the Contractor.
(2) A notice complies with subparagraph (1)(b) if it is sent to the City's custodian of
public records and to the Contractor at the Contractor's address listed on its
contract with the City or to the Contractor's registered agent. Such notices must
be sent by common carrier delivery service or by registered, Global Express
Guaranteed, or certified mail, with postage or shipping paid by the sender and with
evidence of delivery, which may be in an electronic format.
(3) A Contractor who complies with a public records request within 8 business days
after the notice is sent is not liable for the reasonable costs of enforcement.
(F) IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN
OF PUBLIC RECORDS AT:
CITY OF MIAMI BEACH
ATTENTION: RAFAEL E. GRANADO, CITY CLERK
1700 CONVENTION CENTER DRIVE
MIAMI BEACH, FLORIDA 33139
E-MAIL: RAFAELGRANADO(c)MIAMIBEACH FL.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 Contractor or the City's obligations under the Agreement, and (ii) is beyond the
reasonable control of such party unable to perform the obligation, and (iii) is not due to an
intentional act, error, omission, or negligence of such party, and (iv) could not have
reasonably been foreseen and prepared for by such party at any time prior to the
occurrence of the event. Subject to the foregoing criteria, Force Majeure may include
events such as war, civil insurrection, riot, fires, epidemics, pandemics, terrorism,
sabotage, explosions, embargo restrictions, quarantine restrictions, transportation
accidents, strikes, strong hurricanes or tornadoes, earthquakes, or other acts of God
which prevent performance. Force Majeure shall not include technological impossibility,
inclement weather, or failure to secure any of the required permits pursuant to the
Agreement.
(B) If the City or Contractor's performance of its contractual obligations is prevented or
delayed by an event believed by to be Force Majeure, such party shall immediately, upon
learning of the occurrence of the event or of the commencement of any such delay, but in
any case within fifteen (15) business days thereof, provide notice: (i) of the occurrence of
event of Force Majeure, (ii) of the nature of the event and the cause thereof, (iii) of the
anticipated impact on the Agreement, (iv) of the anticipated period of the delay, and (v) of
what course of action such party plans to take in order to mitigate the detrimental effects
of the event. The timely delivery of the notice of the occurrence of a Force Majeure event
is a condition precedent to allowance of any relief pursuant to this section; however,
receipt of such notice shall not constitute acceptance that the event claimed to be a Force
Majeure event is in fact Force Majeure, and the burden of proof of the occurrence of a
Force Majeure event shall be on the requesting party.
(C) No party hereto shall be liable for its failure to carry out its obligations under the Agreement
during a period when such party is rendered unable, in whole or in part, by Force Majeure
to carry out such obligations. The suspension of any of the obligations under this
Agreement due to a Force Majeure event shall be of no greater scope and no longer
duration than is required. The party shall use its reasonable best efforts to continue to
perform its obligations hereunder to the extent such obligations are not affected or are
only partially affected by the Force Majeure event, and to correct or cure the event or
condition excusing performance and otherwise to remedy its inability to perform to the
extent its inability to perform is the direct result of the Force Majeure event with all
reasonable dispatch.
(D) Obligations pursuant to the Agreement that arose before the occurrence of a Force
Majeure event, causing the suspension of performance, shall not be excused as a result
of such occurrence unless such occurrence makes such performance not reasonably
possible. The obligation to pay money in a timely manner for obligations and liabilities
which matured prior to the occurrence of a Force Majeure event shall not be subject to the
Force Majeure provisions.
(E) Notwithstanding any other provision to the contrary herein, in the event of a Force Majeure
occurrence, the City may, at the sole discretion of the City Manager, suspend the City's
payment obligations under the Agreement, and may take such action without regard to the
notice requirements herein. Additionally, in the event that an event of Force Majeure
delays a party's performance under the Agreement for a time period greater than thirty
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(30) days, the City may, at the sole discretion of the City Manager, terminate the
Agreement on a given date, by giving written notice to Contractor of such termination. if
the Agreement is terminated pursuant to this section, Contractor shall be paid for any
Services satisfactorily performed up to the date of termination; following which the City
shall be discharged from any and all liabilities, duties, and terms arising out of, or by virtue
of, this Agreement. In no event will any condition of Force Majeure extend this Agreement
beyond its stated term.
10.9 E-VERIFY
(A) To the extent that Contractor provides labor, supplies, or services under this Agreement,
Contractor shall comply with Section 448.095, Florida Statutes, "Employment Eligibility'
("E-Verify Statute"), as may be amended from time to time. Pursuant to the E-Verify
Statute, commencing on January 1, 2021, Contractor shall register with and use the E-
Verify system to verify the work authorization status of all newly hired employees during
the Term of the Agreement. Additionally, Contractor shall expressly require any
subcontractor performing work or providing services pursuant to the Agreement to likewise
utilize the U.S. Department of Homeland Security's E-Verify system to verify the
employment eligibility of all new employees hired by the subcontractor during the contract
Term. If Contractor enters into a contract with an approved subcontractor, the
subcontractor must provide the Contractor with an affidavit stating that the subcontractor
does not employ, contract with, or subcontract with an unauthorized alien. Contractor
shall maintain a copy of such affidavit for the duration of the contract or such other
extended period as may be required under this Agreement.
(B) TERMINATION RIGHTS.
(1) If the City has a good faith belief that Contractor has knowingly violated Section
448.09(1), Florida Statutes, which prohibits any person from knowingly employing,
hiring, recruiting, or referring an alien who is not duly authorized to work by the
immigration laws or the Attorney General of the United States, the City shall
terminate this Agreement with Contractor for cause, and the City shall thereafter
have or owe no further obligation or liability to Contractor.
(2) If the City has a good faith belief that a subcontractor has knowingly violated the
foregoing Subsection 10.9(A), but the Contractor otherwise complied with such
subsection, the City will promptly notify the Contractor and order the Contractor to
immediately terminate the contract with the subcontractor. Contractor's failure to
terminate a subcontractor shall be an event of default under this Agreement,
entitling City to terminate the Contractor's 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 Contractor or a subcontractor 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 Contractor under the foregoing
Subsection (13)(1), Contractor may not be awarded a public contract for at least 1
year after the date of termination of this Agreement.
(6) Contractor is liable for any additional costs incurred by the City as a result of the
termination of this Agreement under this Section 10.9.
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SECTION 11
NOTICES
All notices and communications in writing required or permitted hereunder, shall be delivered
personally to the representatives of the Contractor and the City listed below or may be mailed
by U.S. Certified Mail, return receipt requested, postage prepaid, or by a nationally recognized
overnight delivery service.
Until changed by notice, in writing, all such notices and communications shall be addressed as
follows:
TO CONTRACTOR: Favela Miami
Attention: Valerie Navarrete
Valerielafavelamiami.org
786-546-2422
TO CITY: City of Miami Beach, Florida
Office of Housing and Community Services
Attn: Alba Tarre, Department Director
1700 Convention Center Drive
Miami Beach, Florida 33139
(305) 673-7491 ext. 26175
Notice may also be provided to any other address designated by the party to receive notice if such
alternate address is provided via U.S. certified mail, return receipt requested, hand delivered, or by
overnight delivery. In the event an alternate notice address is properly provided, notice shall be sent
to such alternate address in addition to any other address which notice would otherwise be sent,
unless other delivery instruction as specifically provided for by the party entitled to notice.
Notice shall be deemed given on the date of an acknowledged receipt, or, in all other cases, on the
date of receipt or refusal.
SECTION 12
MISCELLANEOUS PROVISIONS
12.1 CHANGES AND ADDITIONS
This Agreement cannot be modified or amended without the express written consent of the
parties. No modification, amendment, or alteration of the terms or conditions contained herein
shall be effective unless contained in a written document executed with the same formality and of
equal dignity herewith.
12.2 SEVERABILITY
If any term or provision of this Agreement is held invalid or unenforceable, the remainder of this
Agreement shall not be affected and every other term and provision of this Agreement shall be
valid and be enforced to the fullest extent permitted by law.
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12.3 WAIVER OF BREACH
A party's failure to enforce any provision of this Agreement shall not be deemed a waiver of such
provision or modification of this Agreement. A party's waiver of any breach of a provision of this
Agreement shall not be deemed a waiver of any subsequent breach and shall not be construed
to be a modification of the terms of this Agreement.
12.4 JOINT PREPARATION
The parties hereto acknowledge that they have sought and received whatever competent advice
and counsel as was necessary for them to form a full and complete understanding of all rights
and obligations herein and that the preparation of this Agreement has been a joint effort of the
parties, the language has been agreed to by parties to express their mutual intent and the resulting
document shall not, solely as a matter of judicial construction, be construed more severely against
one of the parties than the other.
12.5 ENTIRETY OF AGREEMENT
The City and Contractor agree that this is the entire agreement between the parties. This
Agreement supersedes all prior negotiations, correspondence, conversations, agreements or
understandings applicable to the matters contained herein, and there are no commitments,
agreements or understandings concerning the subject matter of this Agreement that are not
contained in this document. Title and paragraph headings are for convenient reference and are
not intended to confer any rights or obligations upon the parties to this Agreement.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by their appropriate officials, as of the date first entered above.
FOR CITY:
ATTEST:
Sy rDocuSigned by:
�at f . ir-A''atnA h
Rafael ranado, City Clcrk
12/1/2023 7:56 EST
Date:
FOR CONTRACTOR:
ATTEST:
By:
Print Name and Title
Date:
15
CITY OF MIAMI BEACH, FLORIDA
Ali . Hudak, City anger
FAVELA MIAMI CORP
dotloop ven6ed
10,7I*op 1111 EDT
L6o4. W W0F.2%9v'705R
Valerie Navarrete, President
Print Name and Title
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
��City Attorney Date
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EXHIBIT "A"
"SCOPE OF SERVICES"
Contractor staff must contact all clients referred by the City as related to this Agreement within
two (2) business days of referral. If clients are unresponsive, Contractor must notify the City no
later than (8) eight days after referral was made.
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.
Contractor staff must advise the City of any changes to service delivery, including but notfimited
to language barriers, capacity issues, client concerns, staff concerns, and scheduling changes,
immediately.
Employment 2,445 Completion and execution of the following documents:
Training/ hours
Sanitation and 1. Employee Timesheets (indicating work completed up
Temp Agency to 160 hours per homeless client employed) -$15
Work referrals/ p/hour
Resume Building 2. Employee Timesheets (indicating completion of up to
three (3) hours of Employee Orientation per client
employed-$15 p/hour
3. Copies of completed client resumes
4. Documentation of submitted job referrals
Supervision of
1,000
Completion and execution of the following documents:
Employment
hours
Training/
1. Employee Timesheets ($55.00 p/hour)
Sanitation work
referrals
Provision of
100
Completion and execution of the following documents:
Accounting
Hours
Services
1. Employee Timesheets ($25.00 p/hour)
Provision of Up to 15 Completion and execution of the following documents:
Uniforms for Uniforms
Those Employed 1. Documentation indicating receipt of the following:
in Employment a) Uniforms and Supplies
by Sanitation
Department
Operating Program Insurance Cost $2,000.00
Expenses
Provision of Up to 40 Completion and execution of the following documents
Check Issuance issued 1. Copy of the issued checks ($1.00 p/ check issued)
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for Employment checks
Training
Service Deliverables
Services must be delivered as follows
��iaciz:.�•�•n�a�•ia�•icK:�.ia�•�cK:at•i.rt�[•����iu[a�riiu�
Employment
One (1) Pre- City of Miami Beach
Upon execution of
Training
Employment
agreement and by
Training/ Orientation
September 30, 2024
per client hired
Sanitation Work
Minimum of one (1) City of Miami Beach
Upon execution of
Referrals for
client referred to
agreement and by
Clients Referred
Sanitation
September 30, 2024
by the Office of
Department per
Housing &
month
Community
Services
Job
Refer up to (45)
Development
sheltered clients for
resume
development and
submission to
potential employers
Temporary
Refer employed
Employment
clients to temporary
Agency Referrals
employment agency
upon Sanitation job
completion
City of Miami Beach
City of Miami Beach
Upon execution of
agreement and by
September 30, 2024
Upon execution of
agreement and by
September 30, 2024
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 existing
clients. The decision to cease additional referrals rests is the sole discretion of the City.
"Required, accurate documentation" may refer to:
• Monthly invoices
• Monthly receipts
• Monthly client lists
• Notification contact forms
• Any document required by this Agreement
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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.
Employee/ Contractor File Review
The following documentation must be included in the employee/contractor file for all
employees/contractors providing services under this contract.
The following must be included in the employee files:
• Employment Application
• Job Description Signed by Employee
• Confidentiality Agreement Re: Client Information
• Authorized time sheets, records, and attendance sheets to document the staff time billed
to provide Services pursuant to this Agreement
• Daily activity logs and monthly calendars of the provision of Services pursuant to this
Agreement
• 1-9 Verification on File
• Social Security Card
Monitoring visits shall take place within thirty (30) days of the commencement of services. The
City will provide the Contractor a minimum of two (2) business days' notice prior to a monitoring
visit.
The City reserves the right to inspect employee/contractor files with due notice (at least forty-eight
(48) hours in advance of planned site visit) to ensure adherence to contractual expectations.
Evaluation
In the continuing effort to ensure programming excellence, clients will be provided with evaluation
forms at the end of each programming component to gauge their satisfaction with services
provided. The evaluation forms will be provided by the City and will be administered at the
following times:
• Upon completion of first employment session
• Upon completion of final employment session
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The City will conduct intermittent performance evaluations for the purpose of monitoring the
Contractor's performance. The City will conduct said evaluations utilizing a tool of its choice and
at its sole discretion.
Reporting Requirements
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 (51h) 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. Reports
are due to the City on the following dates:
Monthly reports and reimbursement requests may be submitted via any of the following methods:
• Electronic mail
• Standard mail
• Hand delivery
Monthly reports will not be considered acceptable unless the following is met:
• Forms are completely and accurately filled
• Necessary back-up materials are included (service documentation, sign -in sheets,
etc.)
• Reports bear the signature of the authorized agency representative submitting the
report on behalf of the Contractor
Monitoring & Performance Reviews
The City reserves the right to inspect, monitor and/or audit the Contractor to ensure contractual
compliance. This includes, but is not limited to:
• Review of on -site service delivery
• Inspection and review of budgetary and employee files (for those employees providing
services under this Agreement)
Promotion & Public Relations Requirements
The Contractor agrees to receive City of Miami Beach Homeless Outreach Program Brochures
and make them available to clients during all in -person client interactions.
Client Termination
Contractor staff must notify the Program Coordinator of employment client inactivity. If the
Contractor is not been able to reach a client, they must notify the Program Coordinator by the
eight (8) business day.
Additional Documentation
The following documentation must be submitted with this executed agreement:
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• 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
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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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0 Ab;— - —-—A
Cotaract/Doctiment Routing Form
Resolution No. 2023-32729 Agreement between the City of Miami Beach and Favela Miami for Homeless Employment
Services
Favela Miami Office of Housing and Community Services
29/202 TT
Dr. Alba A. Tarre �' "- " RkkVIe Williams 1/27
Type 1— Contract, amendment, change order, or task order resulting from a procurement -issued competitive solicitation.
X
Type 2 — Other contract, amendment, change order, or task order not resulting from a procurement -issued competitive solicitation.
Type 3 — Independent Contractor Agreement (ICA)
Type 6 — Tenant Agreement
Type 4 — Grant agreements with the City as the recipient
Type 7 — inter -governmental agency agreement
Type 5 — Grant agreements with the City as the grantor
Other:
Favela Miami provides temporary employment services to sheltered homeless clients via peer street outreach and
engagement, including employment activities with the Sanitation Division of the City's Public Works Department, assistance
with resum6 building services, and referrals to temporary job agencies. Favela Miami has provided services to the City of
Miami Beach's homeless clients since 2022.
The Office of Housing & Community seeks to execute a Professional Services Agreement with Favela Miami to continue
providing shelter clients with life skills/temporary employment services during Fiscal Year 2023-2024, pursuant to the direction
received from City Commission per Resolution No.2023-32730. Clients of the program receive support services through skill -
building techniques. These skills strengthen their mental health wellness and assist the client in navigating stressors to foster
reintegration into society and prepare them for full-time employment. An Agreement has been finalized and form -approved
by the City Attorney's Office.
The professional services provided by Favela Miami qualify as professional services exempt from formal bidding requirements
under Section 287.057(1)(e)(9). Resolution No. 2023-32730 was approved by the Mayor and City Commission on September
13, 2023, for the PSA between the City and Favela and further authorizing the City Manager to execute the Agreement. This
item seeks the City Manager's signature of the Professional Services Agreement in an amount not to exceed $100,000 for one
(1) year as authorized in the Resolution.
October 1, 2023-September 30, 2024 1 N/A 1 Year
Grant Funded: Yes I X1 No I Federal I I Other:
1
1 $100,000
1 Homeless services:011-0560-000349-23-405-575-00-00-00
Yes I X No
1. For contracts longer than five years, contact the Procurement Department. 2. Attach any supporting explanation needed.
3. Budget approval indicates approval for the current fiscal year only. Future years are subject to City Commission approval of
the annual adopted operating budget.
City Commission Approved:
X
Yes
No
Resolution No.:
CC Agenda Item No.:
CC Meeting Date:
2023-32730
C7G
9/13/2023
Legal Form Approved: X Yes No If no, explain below why form approval is not necessary:
Procurement
Grants:
N/A
Alex Denis
w M." 11/8/2023 1
:40 EST
Budget:
Information Technology:
N/A
Tameko Otto Stewart
Ak, Sk..f 11/28/2023 1
12 :ESS EST
Risk Management:
w.. 11/9/2023
I t
FESTcilities:
N/A
Marc Chevalier
Ater (,iuwLv
Human Resources:
` '
Reviewed by:Monica
•
Garcia
nv
Theresa Buigas
6
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RESOLUTION NO. 2023-32730
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING, IN SUBSTANTIAL FORM, THE
PROFESSIONAL SERVICES AGREEMENT ATTACHED TO THE CITY
COMMISSION MEMORANDUM ACCOMPANYING THIS RESOLUTION,
BETWEEN THE CITY AND FAVELA MIAMI CORP. FOR HOMELESS
EMP OYMEN1" SERVICES DURING FY 2024 IN AN AMOUNT NOT TO
EXCEED $100,000.00; AND FURTHER AUTHORIZING THE CITY MANAGER
TO FINALIZE AND EXECUTE THE AGREEMENT.
WHEREAS, in 2016, the Office of Housing and Community Services ("Department")
piloted a program with H.O.P E. in Miami Dade, Inc to provide employment training to homeless
persons who accepted shelter, and
WHEREAS, following a successful pilot, funding for the employment training program
became recurring in the Department's operating budget; and
WHEREAS, the employment training program was halted in 2020 due to the onset of the
COVID-19 pandemic; and
WHEREAS, on July 26, 2021, H.O.P.E. in Miami Dade, Inc. notified the City that they
would not be rendering services for Fiscal Year 2022, and
WHEREAS, in 2022, the Administration identified a new vendor, Favela Miami Corp
("Favela Miami"), to resume the homeless employment training program and
WHEREAS, Favela Miami is a local, non-profit organization that advocates for the
homeless population and connects them to community resources, and
WHEREAS, on October 13, 2022, the City executed a Professional Services Agreement
with Favela Miami Corp, in the amount of $69,556.93, to resume homeless employment services
via peer street outreach and engagement: and
WHEREAS, following program evaluation, on February 14 2023, the City and Favela
Miami executed Amendment No 1 to the Professional Services Agreement; said Amendment
increasing the budget for the program to $78,869.91 and expanding the Scope of Services to
include: (1) referrals of homeless Individuals to the Sanitation Division of the City's Public Works
Department for temporary employment; (2) assistance with resume building services, and (3)
referrals to temporary job agencies; and
WHEREAS, since the Agreement's execution, Favela Miami has employed fifteen (15)
sheltered homeless persons for street outreach and sanitation duties and has assisted an
additional twenty-five (25) sheltered homeless persons with obtaining permanent employment,
and
WHEREAS, based upon Favela Miami's commendable program performance in Fiscal
Year 2023, the City Manager recommends approving, in substantial form, the Professional
Services Agreement attached to the City Commission Memorandum accompanying this
Resolution, between the City and Favela Miami Corp, for a term of one (1) year, commencing on
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October 1, 2023 and expiring on September 30, 2024, for homeless employment services in the
amount not to exceed $100,000.00.
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,
,n substantial form, the Professional Services Agreement attached to the City Commission
Memorandum accompanying this Resolution, between the City and Favela Miami Corp, for
homeless employment services during FY 2024 in the amount not to exceed $100,000.00; and
further authorize the City Manager to finalize and execute the Agreement.
PASSED and ADOPTED this _ _ day of 1�er 2023
ATTEST:
DAN GELBER, MAYOR
-P4 sEP 2 o 2023
RAFAEL E. GRANADO, CITY CLERK
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Rtwh&Qm - C L-Q
MIAMI BEACH
COMMISSION MEMORANDUM
TO Honorable Mayor and Members of the City Commission
FROM: Allna T. Hudak, City Manager
DATE September 13.2023
SUBJECT.A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, APPROVING, IN SUBSTANTIAL FORM, THE
PROFESSIONAL SERVICES AGREEMENT ATTACHED TO THE CITY
COMMISSION MEMORANDUM ACCOMPANYING THIS RESOLUTION,
BETWEEN THE CITY AND FAVELA MIAMI CORP, FOR HOMELESS
EMPLOYMENT SERVICES DURING FY 2024 IN AN AMOUNT NOT TO
EXCEED $100,000.00, AND FURTHER AUTHORIZING THE CITY
MANAGER TO FINALIZE AND EXECUTE THE AGREEMENT,
The Administration recommends approving the Resolution to authorize the execution of the
Professional Services Agreement between the City of Miami Beach and Favela Miami Corp
("Favela Miami') for homeless employment services for an amount not to exceed $100.000.
BAOKGROUNDIHIBTOBY
In 2016, the Office of Housing and Community Services piloted a program with H.O.P.E. In
Miami Dade, Inc. to provide employment training to homeless persons that accepted shelter.
Under the supervision of the contracted vendor (H.O.P.E.), homeless individuals conducted
street outreach to homeless peers to share the benefits of accepting homeless services.
Following a successful pilot, funding for the employment training program became recurring in
the department's operating budget. Due to the onset of the COVID-19 pandemic, the program
was halted n 2020.
On October 13, 2022, the City executed an agreement with Favela Miami in the amount of
$69.556,93 to resume homeless employment services via peer street outreach.
I n January 2023, the Administration met with the Favela Miami to explore program enhancement
opportu"ties that could potentially be more beneficial to the homeless client's path to obtaining
permanent employment. Following program evaluation, Amendment No.1 was executed on
February 14, 2023 to increase the program's budget to $78,869.91, and to amend the scope of
seances to allow homeless individuals to be temporanty employed in activities involved with the
Sanitation Division of the City/s Public Woncs Department, and to be further assisted with
resume building services and referrals to temporaryjob agencies.
Page 619 of 2938
DocuSign Envelope ID: C86226C5-ACFD-44EC-953E-A9C569A5AE7B
DocuSign Envelope ID: A5B58416-9ABB-4661-8570-3423BC96E77E
ANW $IS
Favela Miami has done a commendable lob at employing the Citys sheltered homeless while
simultaneously promoting the beautification and cleanliness of the City. Since the Agreement's
execution in October 2022. Favela Miami has employed fifteen (15) sheltered homeless
persons for street outreach and Sanitation duties and has assisted an additional twenty-five (25)
sheltered persons w+th obtaining permanent employment. Furthermore, because of Favela
Miami's advocacy, several restaurants in the South Beach area currently offer meals to
employees that are participating in the Citys employment training program free of charge or at
reduced costs.
The Administration has drafted the FY 2024 agreement to include employment training,
Sanitabon work referrals, job development. and temporary employment agency referrals for
sheltered homeless clients that are referred by the Crty's Homeless Outreach Services
Division. The proposed FY 2024 budget for homeless employment services is S100,000.
The service deliverables in the proposed FY 2024 agreement include -
Employment
Training
Worts
Referrals
One (1) Pre -
Employment
Training/ Onentabon
per client hired
Minimum of one (1j
client referred to
Sanitation
City of Miami Beach
Miami Beach
Upon execution of
agreement and by
September 30, 2024
Upon execution of
agreement and by
September 30, 2024
Department per
_
month Refer up to (45) City of Miami Beach
Upon_ execution of
Development
sheltered clients for
agreement and by
resume development
September 30, 2C24
and submission to
Temporary
potential employers
Refer employed City of Miami Beach
{
Upon execution of
Employment
clients to temporary
agreement and by
Agency Referrals
employment enc
September 30, 2024
S tatiag
upon j by
completion
i
The Admnistration is seeking the approval of an agreement with Favela Miami to continue homeless
employment services from October 1. 2023 to September 30, 2G24, in an amount not to ext--ed
$100,000.
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 conbnuously evolving and innovating services to help those
wishing to end their personal homelessness as a key management objective in the Citys 2019
Strategic Plan Through the Lens of Resilience.
Page 620 of 2938
DocuSign Envelope ID: C86226C5-ACFD-44EC-953E-A9C569A5AE7B
DocuSign Envelope ID. A5B58416-9ABB-4661-8570-3423BC96E77E
FINANCIAL INFORMAIMN
$100,000- FUND 0560
CONCLUSION
The Administration recommends approving the agreement with Favela Miami and authorizing
the City Manager to execute the agreement.
Applicable Area
Not Applicable
Is this a "ResidenbLRt$ht Does this item utilize G.0,
ftzAnQw�' item- pursuant to Bond Funw
City Code Section 2-14?
No No
Strategic Connection
Mobility -Address homelessness.
Legislatia Tracking
Housing and Community Services
ATTACHMEMIST
Description
o Resolution
Page 621 of 2938