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Professional Services Areement for New Hope C.O.R.P.S; Inc. (2025) Docusign Envelope ID:84F28696-4B99-4D42-8E8D-DBFB53BEBDF9 2o2 - 33Li y�, Docusign Envelope ID:B132F3CB-4FEB-4A88-8126-EA993FEAE12C PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND NEW HOPE C.O.R.P.S., Inc. 3/31/2025 i 1:28 EDT MAR 3 1 2025 This Professional Services Agreement ("Agreement") is entered into this_ day of 20__ with an Effective Date of October 1, 2024, between the CITY OF MIAMI BEACH, FLORIDA, a municipal corporation organized and existing under the laws of the State of Florida, having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida, 33139 (the "City'), and NEW HOPE C.O.R.P.S., Inc., a Florida not-for-profit whose address is 1020 N. Krome Ave Homestead, FL 33030("Contractor"). SECTION 1 DEFINITIONS Agreement: This Agreement between the City and Contractor, including any exhibits and amendments thereto. City Manager: The chief administrative officer of the City. City Manager's Designee: The City staff member who is designated by the City Manager to administer this Agreement on behalf of the City. The City Manager's designee shall be the Office of Housing and Community Services Department Director. Contractor: For the purposes of this Agreement, Contractor shall be deemed to be an independent Contractor, and not an agent or employee of the City. Services: All services, work and actions by the Contractor performed or undertaken pursuant to the Agreement. Fee: Amount paid to the Contractor as compensation for Services. Risk Manager: The Risk Manager of the City, with offices at 1700 Convention Center Drive, Third Floor, Miami Beach, Florida 33139; telephone number (305) 673-7000, Ext. 26435; and fax number(305)673-7023. SECTION 2 SCOPE OF SERVICES 2.1 fn 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"). 1 Docusign Envelope ID:84F28696-4B99-4D42-8E8D-DBFB53BEBDF9 Docusign Envelope ID:B132F3CB-4FEB-4A88-8126-EA993FEAE12C Although Contractor may receive a schedule of the available hours to provide its Services, the City shall not control nor have the right to control the hours of the Services performed by the Contractor; where the Services are performed (although the City will provide Contractor with the appropriate location to perform the Services); when the Services are performed, including how many days a week the Services are performed; how the Services are performed, or any other aspect of the actual manner and means of accomplishing the Services provided. Notwithstanding the foregoing, all Services provided by the Contractor shall be performed in accordance with the terms and conditions set forth in Exhibit "A" and to the reasonable satisfaction of the City Manager. If there are any questions regarding the Services to be performed, Contractor should contact the following person: City of Miami Beach Office of Housing &Community Services Attention: Alba Ana Tarre, Department Director 1700 Convention Center Drive Miami Beach, Florida 33139 2.2 Contractor's Services, and any deliverables incident thereto, shall be completed in accordance with the timeline and/or schedule in Exhibit"A" hereto. SECTION 3 TERM The term of this Agreement ("Term')shall commence upon the Effective Date of this Agreement by all parties hereto (the Effective Date set forth on p. 1 hereof), and shall have an initial term ending on September 30, 2025 with one (1) renewal term, for a period of up to one(1)additional year, to be exercised at the City Manager's sole option and discretion, by providing Contractor with written notice of same no less than thirty (30) days prior to the expiration of the initial term. The initial term and the renewal term, if approved by the City, shall be collectively referred to herein as the"Term". Notwithstanding the Term provided herein, Contractor shall adhere to any specific tirr.elines, 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 4.2 4.1 In consideration of the Services to be provided, Contractor shall be compensated on a fixed fee basis, for a total not to exceed: Five Hundred Sixty-Eight Thousand Dollars($568,000.00)(the "Fee"). Contractor shall be paid its Fee in accordance with the Budget that is incorporated herein by reference and attached hereto as Exhibit "A-1". Any change to line items within the approved total Budget amount shall require the written consent of the Department Director or designee. Any change to the total budgeted Fee amount shall require the approval of the City Commission. Funding for this Agreement is subject to funding approval by the City Commission. In the event that funding for the Services is not approved or is no longer available, the City reserves the right to terminate the Agreement for convenience pursuant to Section 5.2. Contractor 2 Docusign Envelope ID:84F28696-4699-4D42-8E8D-DBFB53BEBDF9 Docusign Envelope ID:B132F3C8-4FEB-4A88-8126-EA993FEAE12C shall be compensated for the Services, as more specifically set forth in Exhibit A as follows: The Contractor shall submit monthly requests for payment including payroll records and other applicable back-up documentation no later than the 10th day of the succeeding month. Compensation will be issued in corresponding monthly installments. 4.3 Contractor shall provide the City with a detailed invoice, on a monthly basis, that details all services performed by Contractor in a particular month. Contractor invoices are subject to review and approval. The City shall not remit any payment to Contractor unless Contractor provides a detailed invoice that is acceptable to the City. 4.4 INVOICING Upon receipt of an acceptable and approved invoice, payment(s)shall be made within forty-five (45) days for that portion (or those portions) of the Services satisfactorily rendered (and referenced in the particular invoice). Invoices shall include a detailed description of the Services (or portions thereof) provided, and shall be submitted to the City at the following address: City of Miami Beach Office of Housing & Community Services Attention: Alba Ana Tarre, Department Director 1700 Convention.Center Drive Miami Beach, Florida 33139 SECTION 5 TERMINATION 5.1 TERMINATION FOR CAUSE If the Contractor shall fail to fulfill in a timely manner, or otherwise violates, any of the covenants, agreements, or stipulations material to this Agreement, the City, through its City Manager, shall thereupon have the right to terminate this Agreement for cause. Prior to exercising its option to 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 3 Docusign Envelope ID:84F28696-4B99-4D42-8E8D-DBFB53BEBDF9 Docusign Envelope ID:B132F3CB-4FEB-4A88-8126-EA993FEAE12C Contractor. The City shall be entitled to recover all costs of such actions, including reasonable attorneys'fees. 5.2 TERMINATION FOR CONVENIENCE OF THE CITY THE CITY MAY ALSO, THROUGH ITS CITY MANAGER, AND FOR ITS CONVENIENCE AND WITHOUT CAUSE, TERMINATE THE AGREEMENT AT ANY TIME DURING THE TERM BY GIVING WRITTEN NOTICE TO CONTRACTOR OF SUCH TERMINATION; WHICH SHALL BECOME EFFECTIVE WITHIN THIRTY (30) DAYS FOLLOWING RECEIPT BY THE CONTRACTOR OF SUCH NOTICE. ADDITIONALLY, IN THE EVENT OF A PUBLIC HEALTH, WELFARE OR SAFETY CONCERN, AS DETERMINED BY THE CITY MANAGER, IN THE CITY MANAGER'S SOLE DISCRETION, THE CITY MANAGER. PURSUANT TO A VERBAL OR WRITTEN NOTIFICATION TO CONTRACTOR, MAY IMMEDIATELY SUSPEND THE SERVICES UNDER THIS AGREEMENT FOR A TIME CERTAIN, OR IN THE ALTERNATIVE, TERMINATE THIS AGREEMENT ON A GIVEN DATE. IF THE AGREEMENT IS TERMINATED FOR CONVENIENCE BY THE CITY, CONTRACTOR SHALL BE PAID FOR ANY SERVICES SATISFACTORILY PERFORMED UP TO THE DATE OF TERMINATION; FOLLOWING WHICH THE CITY SHALL BE DISCHARGED FROM ANY AND ALL LIABILITIES, DUTIES, AND TERMS ARISING OUT OF, OR BY VIRTUE OF, THIS AGREEMENT. 5.3 TERMINATION FOR INSOLVENCY The City also reserves the right to terminate the Agreement in the event the Contractor is placed e ther 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. 4 Docusign Envelope ID:84F28696-4B99-4D42-8E8D-DBFB53BEBDF9 Docusign Envelope ID:6132F3CB-4FEB-4A88-8126-EA993FEAE12C 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. Ail insurance policies must be issued by companies rated no less than 'B+" as to management and not less than "Class VI" as to strength by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. Timely renewal certificates will be provided to the City as coverage renews. The insurance certificates for General Liability shall include the City as an additional insured and shall contain a waiver of subrogation endorsement. Contractor's insurance shall be primary and not contributory for direct claims arising out of the Agreement under the Commercial General Liability policy. If the Professional Liability coverage is provided on a claims made basis, then such insurance shall continue for (3) years following the expiration or termination of the Agreement. Original certificates of insurance must be submitted to the City's Risk Manager for approval (prior to any work and/or services commencing)and will be kept on file in the Office of the Risk Manager. The City shall have the right to obtain from the Contractor specimen copies of the insurance policies in the event that submitted certificates of insurance are inadequate to ascertain compliance with required coverage. The Contractor is also solely responsible for obtaining and submitting all insurance certificates for any sub-Contractors. Compliance with the foregoing requirements shall not relieve the Contractor of the liabilities and obligations under this section or under any other portion of this Agreement. The Contractor shall not dommence any work and or services pursuant to this Agreement until all insurance required under this section has been obtained and such insurance has been approved by the City's Risk Manager. SECTION 7 LITIGATION JURISDICTIONNENUE/JURY TRIAL WAIVER This Agreement shall be construed in accordance with the laws of the State of Florida. This Agreement shall be enforceable in Miami-Dade County, Florida, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for the enforcement of same shall lie in Miami-Dade County, Florida. By 5 Docusign Envelope ID:84F28696-4B99-4D42-8E8D-DBFB53BEBDF9 Docusign Envelope ID:8132F3CB-4FEB-4A88-8126-EA993FEAE12C 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 ccntract to be limited to a maximum amount of$10,000. Accordingly, and notwithstanding any other term or condition of this Agreement, Contractor hereby agrees that the City shall not be liable to the Contractor for damages in an amount in excess of $10,000 for any action or claim for breach of contract arising out of the performance or non-performance of any obligations imposed upon the City by this Agreement. Nothing contained in this section or elsewhere in this Agreement is in any way intended to be a waiver of the limitation placed upon the City's liability, as set forth in Section 768.28, Florida Statutes. SECTION 9 DUTY OF CARE/COMPLIANCE WITH APPLICABLE LAWS/PATENT RIGHTS; COPYRIGHT; AND CONFIDENTIAL FINDINGS 9.1 DUTY OF CARE With respect to the performance of the Services contemplated herein, Contractor shall exercise that degree of skill, care, efficiency and diligence normally exercised by reasonable persons and/or recognized professionals with respect to the performance of comparable work and/or services. 9.2 COMPLIANCE WITH APPLICABLE LAWS In its performance of the Services, Contractor shall comply with all applicable laws, ordinances, and regulations of the City, Miami-Dade County, the State of Florida, and the federal government, as applicable. 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. 6 Docusign Envelope ID:84F28696-4B99-4D42-8E8D-DBFB53BEBDF9 Docusign Envelope ID:B132F3C6-4FEB-4A88-8126-EA993FEAE12C All reports, documents, articles, devices, and/or work produced in whole or in part under this Agreement are intended to be the sole and exclusive property of the City, and shall not be subject to any application for copyright or patent by or on behalf of the Contractor or its employees or sub-Contractors, without the prior written consent of the City Manager. SECTION 10 GENERAL PROVISIONS 10.1 AUDIT AND INSPECTIONS Upon reasonable verbal or written notice to Contractor, and at any time during normal business hours (i.e. 9AM — 5PM, Monday through Fridays, excluding nationally recognized holidays), and as often as the City Manager may, in his/her reasonable discretion and judgment, deem necessary, there shall be made available to the City Manager, and/or such representatives as the City Manager may deem to act on the City's behalf, to audit, examine, and/ or inspect, any and all other documents and/or records relating to all matters covered by this Agreement. Contractor shall maintain any and all such records at its place of business at the address set forth in the"Notices"section of this Agreement. 10.2 INSPECTOR GENERAL AUDIT RIGHTS (A) Pursuant to Section 2-256 of the Code of the City of Miami Beach, the City has established the Office of the Inspector General which may, on a random basis, perform reviews, audits, inspections and investigations on all City contracts, throughout the duration of said contracts. This random audit is separate and distinct from any other audit performed by or on behalf of the City. (B) The Office of the Inspector General is authorized to investigate City affairs and empowered to review past, present and proposed City programs, accounts, records, contracts and transactions. In addition, the Inspector General has the power to subpoena witnesses, administer oaths, require the production of witnesses and monitor City projects and programs. Monitoring of an existing City project or program may include a report concerning whether the project is on time, within budget and in conformance with the contract documents and applicable law. The Inspector General shall have the power to audit, investigate, monitor, oversee, inspect and review operations, activities, performance and procurement process including but not limited to project design, bid specifications, (bid/proposal) submittals, activities of the Contractor, its officers, agents and employees, lobbyists, City staff and elected officials to ensure compliance with the contract documents 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 7 Docusign Envelope ID:84F28696-4B99-4D42-8E8D-DBFB53BEBDF9 Docusign Envelope ID:B132F3CB-4FEB-4A88-8126-EA993FEAE12C 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 perfomiance of the contract, including, but not limited to original estimate files, change order estimate files, worksheets, proposals and agreements from and with successful subcontractors and suppliers, all project-related correspondence, memoranda, instructions, financial documents, construction documents, (bid/proposal) and contract documents, back-change documents, all documents and records which involve cash, trade or volume discounts, insurance proceeds, rebates, or dividends received, payroll and personnel records and supporting documentation for the aforesaid documents and records. (E) The Contractor shall make available at its office at all reasonable times the records, materials, and other evidence regarding the acquisition (bid preparation) and performance of this Agreement, for examination, audit, or reproduction, until three (3) years after final payment under this Agreement or for any longer period required by statute or by other clauses of this Agreement. In addition: If this Agreement is completely or partially terminated, the Contractor shall make available records relating to the work terminated until three (3) years after any resulting final termination settlement; and ii. The Contractor shall make available records relating to appeals or to litigation or the settlement of claims arising under or relating to this Agreement until such appeals, litigation, or claims are finally resolved. (F) The provisions in this section shall apply to the Contractor, its officers, agents, employees, subcontractors and suppliers. The Contractor shall incorporate the provisions in this section in all subcontracts and all other agreements executed by the Contractor in connection with the performance of this Agreement. (G) Nothing in this section shall impair any independent right to the City to conduct audits or investigative activities. The provisions of this section are neither intended nor shall they be construed to impose any liability on the City by the Contractor or third parties. 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 8 Docusign Envelope ID:84F28696-4B99-4D42-8E8D-DBFB53BEBDF9 Docusign Envelope ID:B132F3C8-4FEB-4A88-8126-EA993FEAE12C 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(3Xa) Florida Statute on Public Entity Crimes with the City's Procurement Division. 10.5 NO DISCRIMINATION In connection with the performance of the Services, the Contractor shall not exclude from participation in, deny the benefits of, or subject to discrimination anyone on the grounds of race, color, national origin, sex, age, disability, religion, income or family status. Additionally, Contractor shall comply fully with the City of Miami Beach Human Rights Ordinance, codified in Chapter 62 of the City Code, as may be amended from time to time, prohibiting discrimination in employment, housing, public accommodations, and public services on account of actual or perceived race, color, national origin, religion, sex, intersexuality, gender identity, sexual orientation, marital and familial status, age, disability, ancestry, height, weight, domestic partner status, labor organization membership, familial situation, or political affiliation. 10.6 CONFLICT OF INTEREST Contractor herein agrees to adhere to and be governed by all applicable Miami-Dade County Conflict of Interest Ordinances and Ethics provisions, as set forth in the Miami-Dade County Code, as may be amended from time to time; and by the City of Miami Beach Charter and Code, as may be amended from time to time; both of which are incorporated by reference as if fully set forth herein. Contractor covenants that it presently has no interest and shall not acquire any interest, directly or indirectly, which could conflict in any manner or degree with the performance of the Services. Contractor further covenants that in the performance of this Agreement, Contractor shall not employ any person having any such interest. No member of or delegate to the Congress of the United States shall be admitted to any share or part of this Agreement or to any benefits arising therefrom. 10.7 CONTRACTOR'S COMPLIANCE WITH FLORIDA PUBLIC RECORDS LAW 1. Contractor shall comply with Florida Public Records law under Chapter 119, Florida Statutes, as may be amended from time to time. 2. 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. 3. 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: 9 Docusign Envelope ID:84F28696-4B99-4D42-8E8D-DBFB53BEBDF9 Docusign Envelope ID:B132F3CB-4FEB-4A88-8126-EA993FEAE12C (1) Keep and maintain public records required by the City to perform the service; (2) Upon request from the City's custodian of publ c 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 oublic records. All records stored electronically must be provided to the City upon request from the City's custodian of public records, in a format that is compatible with the information technology systems of the City. (D) REQUEST FOR RECORDS; NONCOMPLIANCE. (1) A request to inspect or copy public records relating to the City's contract for services must be made directly to the City. If the City does not possess the requested records, the City shall immediately notify the Contractor of the request, and the Contractor must provide the records to the City or allow the records to be inspected or copied within a reasonable time. (2) Contractor's failure to comply with the City's request for records shall constitute a breach of this Agreement, and the City, at its sole discretion, may: (1) unilaterally terminate the Agreement; (2) avail itself of the remedies set forth under the Agreement; and/or(3)avail itself of any available remedies at law or in equity. (3) A Contractor who fails to provide the public records to the City within a reasonable time may be subject to penalties under s. 119.10. (E) CIVIL ACTION. (1) If a civil action is filed against a Contractor to compel production of public records relating to the City's contract for services, the court shall assess and award against the Contractor the reasonable costs of enforcement, including reasonable attorneys'fees, if: a. The court determines that the Contractor unlawfully refused to comply with the public records request within a reasonable time; and b. At least 8 business days before filing the action, the plaintiff provided written notice of the public records request, including a statement that the Contractor has not complied with the request, to the City and to the Contractor. (2) A notice complies wth 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 10 Docusign Envelope ID:84F28696-4B99-4D42-8E8D-DBFB53BEBDF9 Docusign Envelope ID:8132F3CB-4FEB-4A88-8126-EA993FEAE12C (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(a7MIAMIBEACHFL.GOV PHONE: 305-673-7411 10.8 FORCE MAJEURE (A) A"Force Majeure" event is an event that(i) in fact causes a delay in the performance of the Contractor or the City's obligations under the Agreement, and (ii) is beyond the reasonable control of such party unable to perform the obligation, and (iii) is not due to an intentional act, error, omission, or negligence of such party, and (iv) could not have reasonably been foreseen and prepared for by such party at any time prior to the occurrence of the event. Subject to the foregoing criteria, Force Majeure may include events such as war, civil insurrection, riot, fires, epidemics, pandemics, terrorism, sabotage, explosions, embargo restrictions, quarantine restrictions, transportation accidents, strikes, strong hurricanes or tornadoes, earthquakes, or other acts of God which prevent performance. Force Majeure shall not include technological impossibility, inclement weather, or failure to secure any of the required permits pursuant to the Agreement. (B) If the City or Contractor's performance of its contractual obligations is prevented or delayed by an event believed by to be Force Majeure, such party shall immediately, upon learning of the occurrence of the event or of the commencement of any such delay, but in any case within fifteen (15) business days thereof, provide notice: (i) of the occurrence of event of Force Majeure, (ii) of the nature of the event and the cause thereof, (iii) of the anticipated impact on the Agreement, (iv) of the anticipated period of the delay, and (v) of what course of action such party plans to take in order to mitigate the detrimental effects of the event. The timely delivery of the notice of the occurrence of a Force Majeure event is a condition precedent to allowance of any relief pursuant to this section; however, receipt of such notice shall not constitute acceptance that the event claimed to be a Force 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 11 Docusign Envelope ID:84F28696-4B99-4D42-8E8D-DBFB53BEBDF9 Docusign Envelope ID:B132F3CB-4FEB-4A88-8126-EA993FEAE12C 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. (F) Notwithstanding any other provision to the contrary herein, in the event of a Force Majeure occurrence, the City may, at the sole discretion of the City Manager, suspend the City's payment obligations under the Agreement, and may take such action without regard to the notice requirements herein. Additionally, in the event that an event of Force Majeure delays a party's performance under the Agreement for a time period greater than thirty (30) days, the City may, at the sole discretion of the City Manager, terminate the Agreement on a given date, by giving written notice to Contractor of such termination. If the Agreement is terminated pursuant to this section, Contractor shall be paid for any Services satisfactorily performed up to the date of termination; following which the City shall be discharged from any and all liabilities, duties, and terms arising out of, or by virtue of, this Agreement. In no event will any condition of Force Majeure extend this Agreement beyond its stated term. 10.9 E-VERIFY (A) To the extent that Contractor provides labor, supplies, or services under this Agreement, Contractor shall comply with Section 448.095, Florida Statutes, "Employment Eligibility" ('E-Verify Statute"), as may be amended from time to time. Pursuant to the E-Verify Statute, commencing on January 1, 2021, Contractor shall register with and use the E- Verify system to verify the work authorization status of all newly hired employees during the Term of the Agreement. Additionally, Contractor shall expressly require any subcontractor performing work or providing services pursuant to the Agreement to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract Term. If Contractor enters into a contract with an approved subcontractor, the subcontractor must provide the Contractor with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. Contractor shall maintain a copy of such affidavit for the duration of the contract or such other extended period as may be required under this Agreement. (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. 12 Docusign Envelope ID:84F28696-4B99-4D42-8E8D-DBFB53BEBDF9 Docusign Envelope ID:B132F3CB-4FEB-4A88-8126-EA993FEAE12C (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 (B)(1)or (B)(2) no later than 20 calendar days after the date on which the contract was terminated. (5) If the City terminates the Agreement with Contractor under the foregoing Subsection (B)(1), Contractor may not be awarded a public contract for at least 1 year after the date of termination of this Agreement. (6) Contractor is liable for any additional costs incurred by the City as a result of the termination of this Agreement under this Section 10.9. SECTION 11 NOTICES All notices and communications in writing required or permitted hereunder, shall be delivered personally to the representatives of the Contractor and the City listed below or may be mailed by U.S. Certified Mail, return receipt requested, postage prepaid, or by a nationally recognized overnight delivery service. Until changed by notice, in writing, all such notices and communications shall be addressed as follows: TO CONTRACTOR: New Hope C.O.R.P.S., Inc. Attention: New Hope Corps, Inc. 1020 N. Krome Ave Homestead, FL 33030 Office: 786-243-1003 Cell: 786-877-3758 TO CITY: City of Miami Beach, Florida Office of Housing and Community Services Attention: Alba Ana Tarre, Department Director 1700 Convention Center Drive Miami Beach, Florida 33139 (305)673-7491 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. 13 Docusign Envelope ID:84F28696-4B99-4D42-8E8D-DBFB53BEBDF9 Docusign Envelope ID:B132F3CB-4FEB-4A88-8126-EA993FEAE12C 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 amendment or alteration of the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 12.2 SEVERABILITY If any term or provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall not be affected and every other term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law. 12.3 WAIVER OF BREACH A party's failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision or modification of this Agreement. A party's waiver of any breach of a provision of this Agreement shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Agreement. 12.4 JOINT PREPARATION The parties hereto acknowledge that they have sought and received whatever competent advice and counsel as was necessary for them to form a full and complete understanding of all rights and obligations herein and that the preparation of this Agreement has been a joint effort of the parties, the language has been agreed to by parties to express their mutual intent and the resulting document shall not, soley 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. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first entered above. 14 Docusign Envelope ID:84F28696-4B99-4D42-8E8D-DBFB53BEBDF9 Docusign Envelope ID:B132F3CB-4FEB-4A88-8126-EA993FEAE12C FOR CITY: CITY OF MIAMI BEACH,FLORIDA ATTEST: ,-DocuSigned by:By: &IFNI t. G'outlo . )i, k, hmart.8tigahEado, City Clerk Eric T. Carpent r, City Manager 3/31/2025 I 1:28 EDT Date: FOR CONTRACTOR: New Hope C.O.R.P.S, Inc. ATTEST: oocusignw bycoaF4" "zgoEeo wro By: STEPHEN ALVAREZ Print Name and Title Print Name and Title Date: APPROVED AS TO FORM &LANGUAGE & FOR EXECUTION 910,1P,6,...es-- 1 IN 121/ City Attorney :,x,e. Date EXHIBIT "A" 15 Docusign Envelope ID:84F28696-4B99-4D42-8E8D-DBFB53BEBDF9 Docusign Envelope ID:B132F3CB-4FEB-4A88-8126-EA993FEAE12C "SCOPE OF SERVICES" Contractor staff must provide outreach services 7 days a week from 7pm-3am. The two outreach teams composed of two staff members must provide daily encounters with the homeless population of Miami Beach, engagement for shelter/treatment services, HMIS reporting of those encounters, VI-SPDAT Assessments, coordination of placement to shelter services, detox services, and transportation and other tasks necessary to house the unsheltered population of Miami Beach. Contractor must also provide pre-treatment beds, treatment beds, and recovery residences. Contractor staff must advise the City of any changes to service delivery, including but not limited to language barriers, capacity issues, client concerns, staff concerns, and scheduling changes, within 24 hours. Service Documentation of Service Supervision: Completion of the following documents: Street Outreach Supervisor. Provides on-call supervision to 1. Employee Timesheets contracted outreach team. Street Outreach Staff: Completion of the following documents: Four(4)full-time employees which will provide services to 1. Employee Timesheets homeless individuals in Miami 2. Monthly HMIS contact report Beach Transportation: Completion of the following documents: Vehicle cost/maintenance and gas costs to transport clients to 1. Receipts receive services. 2. Invoices Housing/Recovery Residence: Completion of the following documents: %way housing for clients in 1. Bi-Weekly bed roster report treatment recovery 2. HMIS report on service 3. Monthly Progress updates Treatment Beds: Completion of the following documents: Pre-treatment and Level 2 1. Referral for involuntary Police-Marchman clients residential(voluntary and/or seeking treatment or Referral for voluntary pre- involuntary)treatment beds for treatment or treatment beds by Homeless Outreach individuals diagnosed with Services Team or New Hope Contracted team. Substance Use and Disorder or 2. HMIS report on service Co-occurring disorders 3. Daily bed roster report 4. Monthly Progress Updates Afterhours Live Assistance Completion of the following documents: Support 1. Report of requests received and outcomes 2. Cellular invoices and payment receipts Service Deliverables Services must be delivered as follows: 16 Docusign Envelope ID:84F28696-4B99-4D42-8E8D-DBFB53BEBDF9 Docusign Envelope ID:B132F3CB-4FEB-4A88-8126-EA993FEAE12C Service Unit of Service Service Timeframe Location Supervision: e On call supervision as City of Miami October 1, 2024- Street Outreach needed by contracted Beach September 30, 2025. Supervisor. outreach staff. Provides on-call • Monthly staffing with supervision to Homeless Outreach contracted team of clients in outreach team. residential and recovery residences. Street Outreach Two(2)outreach teams City of Miami October 1, 2024- Staff: composed of two(2)outreach Beach September 30, 2025 Four(4)full-time team members to cover employees which afterhours services Monday will provide thru Sunday from 7pm-3am services to including holidays. homeless individuals in Miami Beach Housing/ Recovery residence for The 3/4 house October 1, 2024- Recovery individuals that complete will be in Miami- September 30, 2025 Residence: treatment program, inclusive Dade County 3/4 way housing of wraparound services to for clients in address substance use and treatment co-occurring disorders. recovery Treatment • Up to three(3)pre- Miami-Dade October 1, 2024- Beds: treatment shelter beds County September 30, 2025 Pre-treatment to prepare clients to and Level 2 transition to voluntary residential or involuntary treatment beds treatment. for individuals • Two(2)Level 2 diagnosed with Residential treatment Substance Use beds funded for 365 and Disorder or days Co-occurring • One(1)Level 2 disorders Residential Treatment bed for 270 days only billed when utilized. The per-diem rate of the treatment be is$177 a day ftr City of Miami Beach clients seeking volurrta.ry or involuntary treatment services. Afterhours Live • Respond to requests City of Miami October 1, 2024- Assistance from Miami Beach Beach September 30, 2025 Support Police for street outreach services 17 Docusign Envelope ID:84F28696-4699-4D42-8E8D-DBFB53BEBDF9 Docusign Envelope ID:B132F3CB-4FEB-4A88-8126-EA993FE.4E12C Penalties for Failure to Perform If the contractor fails on three occasions to submit required, accurate documentation in the timeframe allotted, including the notification of absence email, the Contractor will forfeit two(2%) percent of the combined billed total for the months in which inaccuracies took place. Documents submitted within the required timeframe and found to be insufficient are subject to penalties for failure to perform. If the contractor fails on three occasions to submit required, accurate documentation in the timeframe allotted within the contract Term, the Contractor is subject to termination of any further service referrals, but Contractor will be allowed to complete the service units allotted to existing clients. The decision to cease additional referrals rests is the sole discretion of the City. "Required, accurate documentation' may refer to: • Monthly invoices • Monthly receipts • Monthly client lists • HMIS reports • Any document required by this Agreement If any individual employed by or independently contracted with the Contractor fails, on more than one occasion, to attend a scheduled outreach without notifying the City of an impending absence, the City reserves the right to remove that individual from the Contractor's staff roster for the purposes of this Agreement. 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 Agreement. 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 18 Docusign Envelope ID:84F28696-4B99-4D42-8E8D-DBFB53BEBDF9 Docusign Envelope ID:B132F3CB-4FEB-4A88-8126-EA993FEAE12C • Daily activity logs and monthly calendars of the provision of Services pursuant to this Agreement • 1-9 Verification on File • Social Security Card • Employee background screening Monitoring visits shall take place within thirty (30) days of the commencement of services. The City will provide the Contractor a minimum of two (2) business days' notice prior to a monitoring visit. The City reserves the right to inspect employee/contractor files with due notice (at least forty- eight (48) hours in advance of planned site visit) to ensure adherence to contractual expectations. Evaluation The City will conduct intermittent performance evaluations for the purpose of monitoring the Contractor's performance. The City will conduct said evaluations utilizing a tool of its choice and at its sole discretion. Reporting Requirements Daily Summary Report: Contractor will complete and submit an end of service day report (Exhibit C) to the City's designated staff member via email daily. This report will include a summary of the following: afterhours daily contacts, placements or services provided, and challenges encountered. This report must be submitted no later than 8:30am. Monthly Progress/ Reimbursement Report: Each month, the Contractor will provide the City with a monthly progress report and reimbursement request utilizing the City's Reporting and Reimbursement Forms (Exhibit B) by 5:00 PM on the tenth (10th) of the following month. In the event that the tenth of the month lands on a Saturday, Sunday or holiday, the report must be submitted the following business day. Monthly reports and reimbursement requests may be submitted via any of the following methods: • Electronic mail • Standard mail • Hand delivery Monthly reports will not be considered acceptable unless the following is met: • Forms are completely and accurately filled • Necessary back-up materials are included (service documentation, sign-in sheets, etc.) • Reports bear the signature of the authorized agency representative submitt ng the report on behalf of the Contractor Monitoring & Performance Reviews 19 Docusign Envelope ID:84F28696-4B99-4D42-8E8D-DBFB53BEBDF9 Docusign Envelope ID:B132F3CB-4FEB-4A88-8126-EA993FEAE12C 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 Homeless Outreach Services Program Coordinator of any termination of shelter bed, treatment bed, or service interruption within 24 hours via email. Additional Documentation The following documentation must be submitted with this executed agreement: • All required insurance certificates • Copy of most recent financial audit, as appropriate • Copy of required business licenses and permits • List of all members of Contractor's Board of Directors, if applicable • Contractor's Board of Directors by-laws, if applicable • Conflict of Interest policy • Agency 990 Form • Agency W-9 Form [THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK] EXHIBIT "Al" 20 Docusign Envelope ID:84F28696-4B99-4D42-8E8D-DBFB53BEBDF9 Docusign Envelope ID:BI32F3CB-4FEB-4A88-8126-EA993FEAE12C Position Expense Description Salary Fringes FTE Total Budget Line Item Street Outreach Worker $53,500 $ 1.00 $64,735.00 11,235.00 Street Outreach Worker $53,500 $ 1.00 $64.735.00 4FTE @ 25.00 per hour 11,235.00 x 40 hours a week+ Street Outreach MB Street Outreach Worker 20%Fringes $53,500 $ 1.00 $64,735.00 11,235.00 Street Outreach Worker $53,500 $ 1.00 $64,735.00 11,2.35.00 Outreach Program Director .20 FTE @$80K base Street Out- $80,000 $ 0.15 $14,752.00 plus reach Director 18,346.64 fringes of 20% Totals $273,692.00 Transportation(Lease& Vehicle Lease Vehicle Lease @$444.00/month+Car Insurance of $12,528.00 Insurance) $600/month Transportation vehicle Gas and maintenance Gas for vehicle at 600 a month $7,200.00 Totals $19,728.00 Phone Service Phone Phone service to provide support afterhours live assistance 81,080.00 for Homeless Outreach Services,and respond to requests from Miami Beach Police Totals $1,080.00 Recovery Resi- Rent Cost is calculated at FMR/MDC Standard Rate $18,000.00 dence Totals $18,000.00 Residential Treatment The contract rate is a bundled rate at$177 per-diem,per $177,000.00 Treatment beds bed.This line Item will fund 2 beds.The 2 beds will be set asside for 365 days of MB fiscal year.It will also fund 1 bed for 270 days and will be billed per bed days utilized. Pre Treatment Shelter The rate is$45 per-diem for 2 beds to be set aside as $31,500.00 ES beds FS Pre-treatment beds Admin Administration Admin @$47,000.00 $47,000.00 Totals Total 568,000.00 EXHIBIT "B" • 21 Docusign Envelope ID:84F28696-4B99-4D42-8E8D-DBFB53BEBDF9 Docusign Envelope ID:B132F3CB-4FEB-4A88-8126-EA993FEAE12C INVOICING The Contractor agrees to provide the invoicing and services documentation as indicated utilizing the following forms attached herein: • Monthly Service Summary Report, and • Monthly Reimbursement Request • HMIS report [THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK] 22 Docusign Envelope ID:84F28696-4B99-4D42-8E8D-DBFB53BEBDF9 Docusign Envelope ID:8132F3C8-4FEB-4A88-8126-EA993FEAE12C EXHIBIT"C" ATTACHMENTS The following reference documents are attached: • End of Service Day Report [THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK] 23 Docusign Envelope ID:84F28696-4B99-4D42-8E8D-DBFB53BEBDF9 Docusign Envelope ID:B132F3CB-4FEB-4A88-8126-EA993FEAE12C RESOLUTION NO.• 2024-33448 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA,APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH NEW HOPE C.O.R.P.S., INC. TO PROVIDE VARIOUS HOUSING SERVICES, INCLUDING STREET OUTREACH, DETOX, TREATMENT, RECOVERY, TRANSPORTATION AND OTHER RELATED SERVICES FOR THE CITY'S UNSHELTERED POPULATION, IN AN AMOUNT NOT TO EXCEED $568,000 FOR THE INITIAL TERM OF THE AGREEMENT, WITH SAID AGREEMENT COMMENCING ON OCTOBER 1, 2024 AND EXPIRING ON SEPTEMBER 30, 2025, WITH ONE (1) ADDITIONAL ONE-YEAR RENEWAL TERM, AT THE CITY'S OPTION AND SUBJECT TO FUNDING APPROVAL. WHEREAS,on September 30,2021,the Mayor and City Commission adopted Resolution No, 2021-31872,which approved the FY 2022 operating budget and funded a recurring line item for Police for treatment beds for their Marchman Program in the amount of$183,000;and WHEREAS, on May 20, 2022, during the Mayor and Commission budget retreat, an enhancement for $364,000 for homeless contracted services was discussed to include after-hours specialized outreach and treatment services provided by New Hope C.O.R.P.S., Inc. ("New Hope") from 7:00 p.m.-3:00 a.m. Monday-Sunday;and WHEREAS, on September 14, 2022, the Mayor and City Commission approved Resolution No.2022-32281,authorizing the City Manager to execute a professional services agreement with New Hope to provide various housing services, including detox, treatment, recovery, transportation and other related services for the City's unsheltered population,in the total amount of$565,248,20;and WHEREAS, said Agreement was jointly funded via the Police Department's Marchman Act treatment beds line item and the Office of Housing and Community Service's recurring Afterhours Outreach enhancement;and WHEREAS, on August 22, 2023, the City Manager approved a one (1) year renewal of the Agreement with New Hope, commencing on October 1, 2023, and expiring on September 30, 2024; and WHEREAS,throughout the initial and renewal terms of the Agreement,New Hope consistently delivered satisfactory services to the City and adhered to ail requirements,conducting street outreach and engagement and shelter placements as stipulated and operating daily from 7:00 p.m.to 3:00 a.m., including weekends and holidays; and WHEREAS,on September 11,2024,the Mayor and City Commission adopted Resolution No. 2024-33237, accepting the recommendation of the Public Safety and Neighborhood Quality of Life Committee ("PSNQLC") to establish afterhours live assistance for Homeless Outreach Services, an initiative to guarantee the public's round-the-clock access to report homelessness and request homeless related-services: and WHEREAS, during negotiations of the proposed FY 2025 Agreement, New Hope agreed to continue current services and to expand services to include support for afterhours live assistance, inclusive of accepting homeless-related service calls and responding accordingly:and Docusign Envelope ID:84F28696-4B99-4D42-8E8D-DBFB53BEBDF9 Docusign Envelope ID:B132F3CB-4FEB-4A88-8126-EA993FEAE12C WHRERAS,on September 26,2024,the Mayor and City Commission adopted Resolution No. 2024-33294, adopting the Final Budgets for the General, G.O. Debt Service, City Center, RDA Ad Valorem Taxes, North Beach CRA Ad Valorem Taxes, Enterprise, Internal Service, and Special Revenue Funds for FY 2025;and WHEREAS, funding for Afterhours Specialized Outreach has been included in the Office of Housing and Community Services Operating Budget for FY 2025;and WHEREAS,during the October 30, 2024,Commission meeting, the item was referred to the Public Safety and Neighborhood Quality of Life Committee for discussion and recommendation;and WHEREAS,to allow the Administration to await further direction on the delivery of Afterhours outreach services, the City Manager approved a Purchase Order within the $100,000 purchasing authority threshold to allow New Hope to continue providing services on Miami Beach from October 1, 2024, through December 31,2024;and WHEREAS,the December 2,2024 Public Safety and Neighborhood Quality of Life Committee meeting was postponed to December 13, 2024,and therefore, no recommendation was made; and WHEREAS, to avoid a lapse in services, the Administration recommends approving the Professional Services Agreement with New Hope C.O.R.P.S.to address the needs of our community via specialized outreach services for a term of one (1) year, commencing on October 1, 2024 and expiring on September 30, 2025, with one (1) additional one-year renewal term at the City's option and based on funding approval, to provide specialized outreach services in an amount not to exceed $568,000. NOW,THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby approve and authorize the City Manager to execute a Professional Services Agreement between the City of Miami Beach and New Hope C.O.R.P.S. to provide various housing services, including street outreach, detox, treatment, recovery, transportation and other related services for the City's unsheltered population, in an amount not to exceed $568,000 for the initial ten) of the agreement, with said agreement commencing on October 1, 2024 and expiring on September 30, 2025, with one (1) additional one-year renewal term at the City's option and subject to funding approval. PASSED and ADOPTED this 3 day of F-'b146 ` ,2024. ATTEST: V_____ ;-,,- ; , STEVEN MEINER,MAYOR APPROVED AS TO RAFAEL E. GRANADO,CITY CLERK FORM& LANGUAGE .F., \-EXECUTION ) r13ibez1— +y A ey . Date Docusign Envelope ID:84F28696-4B99-4D42-8E8D-DBFB53BEBDF9 Docusign Envelope ID:B132F3CB-4FEB-4A88-8126-EA993FEAE12C MIAMI BEACH (ontrmen Routing Form N/A Professional Services Agreement between the City of Miami Beach and New Hope C.O.R.P.S, Inc.for specialized outreach services for homeless persons. New Hope CORPS.,Inc Housing and Community Services Alba f �ig� r�kty, A.Torrers„..t.rre. 3/14/2025 I 2:29 EDT David Martinez r 2r Type 1-Contract,amendment,change order ur 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: . On December 11,2024,the Mayor and City Commission approved Resolution 2024-33448,authorizing the City Manager to execute a Professional Services Agreement("PSA")between the City of Miami Beach and New Hope C.O.R.P.S,Inc.,a non- profit provider. This Agreement is for specialized outreach services and treatment beds for homeless individuals. The Contractor will be compensated on a fixed fee basis,with total payments not to exceed$568,000. The Agreement supports the City's commitment to reducing homelessness in the community by funding specialized outreach services and treatment beds.The Contractor's scope of services includes: • Street outreach to engage and assist individuals experiencing homelessness; • Provision of employment opportunities and job placement assistance; • Identification documentation services to help individuals obtain essential personal records; • Relocation assistance for those seeking housing stability outside the City; • Emergency shelter services for individuals in crisis;and • Substance abuse treatment beds to provide necessary rehabilitation and recovery services. The Agreement is jointly funded by a recurring line item in the Miami Beach Police Department's operating budget for $183,000, allocated for substance abuse treatment beds, and by the Office of Housing and Community Services with a specialized outreach budget line item for$385,000.The Agreement has been form-approved by the City Attorney's Office and signed by the Contractor. Per Florida statute 287.057 for Procurement of commodities or contractual services,prevention services related to mental health,including drug abuse prevention programs,are exempt from competition.Based on the preceding,this item seeks the City Manager's signature of the Agreement pursuant to Resolution 2024-33448 that authorized the City Manager to execute it. October 1,2024-September 30,2025 1 Renewal Period(Optional) 2 years Grant Funded: Yes X No State Federal Other: L . 1 $568,000 Police:011-1120-000343-20-401-595-00-00-00- Yes X No Line Item 5183,000 Homeless Services:011-0560-000349-23-405-575-00-00-00- Line item:$385,000 Docusign Envelope ID:84F28696-4B99-4D42-8E8D-DBFB53BEBDF9 Docusign Envelope ID:B132F3CB-4FEB-4A88-8126-EA993FEAE12C 1.For contracts longer than five years,contact the Procurement Department.2.Attach any supporting explanation needed. 3.Budget approval indicates approval for the current fiscal year only.Future years are subject to City Commission approval of the annual adopted operating budget. // �� p A .4F 'f:Ur 4S ii:, , .74.. f� i +59r�ti11 �A.e?c fvF'J .& .:✓!/rlG� 4-Ar kii u '' `. xr,F i'/ '�.,., , . : ;1 ,7 ,T N..'67 +, %` d^' z 7,,t /."i 'Hriat:v`' .,. F 1 E ,:7; 5iP E SL: City Commission Approved: X Yes No Resolution No.: CC Agenda Item No.: CC Meeting Date: 2024-33448 R7 J 12/11/2025 If no,explain why CC approval is not required:N/A Legal Form Approved: X Yes No If no,explain below why form approval is not necessary: awe', '.t,- Swn.k^ +S 4ATE,.�!.5:3s�.v."..ti,.l.Pm`fli=k..,4.!,rft wP ..,„"Vti9�F.�.. ..111V Procurement: b..a 3/11/2025 I 7:22 EDT Grants: N/A Kristy Bada k°w• 'y Budget: Information N/A Aarti Ramsubhag AK 3/12/2025 I 6:15 EDT Technology: (Housing): Budget: Yelina Iglesias(Police): (( 3/13/2025 I 2:43 EDT l tif Budget: Tameka Otto Stewart '^ 3/13/2025 I 2:59 EDT t rimtka.Offo$fuoarf Risk Management: Fleet& N/A Marc Chevalier '--mow'..+» 3/14/2025 I 2:28 EDT Facilities: Atm(Ga,uelicr Human Resources: -- �r" Reviewer: --a 3/10/2025 I 2:19 EDT Monica Garcia 144 Reviewer: _ Theresa Buigas bt 3/10/2025 I 2:20 EDT