2000-23886 RESO
RESOLUTION NO.
2000-23886
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING
AND AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE AN AGREEMENT WITH DOUGLAS GARDENS
COMMUNITY MENTAL HEALTH CENTER, FOR $40,000,
TO PROVIDE OUTREACH AND INTERVENTION
SERVICES FOR THE CITY OF MIAMI BEACH'S
HOMELESS POPULATION, WITH FUNDING FROM THE
CITY OF MIAMI BEACH POLICE DEPARTMENT; AND
APPROVING AND AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE AN AGREEMENT WITH THE
SALVATION ARMY, FOR $30,594, TO PROVIDE
EMERGENCY SHELTER BEDS TO THE CITY OF MIAMI
BEACH'S HOMELESS POPULATION, WITH FUNDING
FROM THE CITY OF MIAMI BEACH GENERAL FUND;
AUTHORIZING THE ALLOCATION OF CITY OF MIAMI
BEACH GENERAL FUNDS, IN THE AMOUNT OF $30,594,
AND CITY OF MIAMI BEACH POLICE DEPARTMENT
FUNDS, IN THE AMOUNT OF $40,000, FOR THIS PURPOSE.
WHEREAS, the City has identified the necessity for providing emergency shelter beds and
case management services to Miami Beach homeless individuals and families from Miami Beach;
and
WHEREAS, the City is undertaking a Homeless Assistance Pilot Program in furtherance
of the City of Miami Beach Police Department GENERAL ORDER NO. 05-98, June 3, 1998:
"STANDARD OPERATING PROCEDURES FOR HOMELESS ASSISTANCE", and pursuant to
Resolution No. 99-23400, dated December 1, 1999, which authorized the Mayor and City Clerk to
execute a contract with the Salvation Army for $61,594 to provide emergency shelter to the City of
Miami Beach's homeless population, with funding from both the City and the Housing Authority
of the City of Miami Beach, contingent upon the approval of an Interlocal Agreement with the
Housing Authority of the City of Miami Beach, and authorized the appropriation of City of Miami
Beach funds, in the amount of $30,594, for this purpose, thereby authorizing a reservation of
emergency shelter beds specifically for utilization by the Miami Beach Police Department for Miami
Beach homeless persons in its pilot program of homeless outreach and transportation to shelter; and
WHEREAS, the City desires to enter into the attached Agreement with the Salvation Army
to provide emergency beds with case management services to Miami Beach homeless individuals
and families, and has appropriated funds for this purpose, in the amount of $30,594; and
WHEREAS, the Pilot Program's other component is the provision of outreach and case
management services; and
WHEREAS, Douglas Gardens Community Mental Health Center is currently carrying out
homeless assistance outreach and case management services within the City of Miami Beach,
pursuant to its Emergency Shelter Grants Contract with the City; and
WHEREAS, the City of Miami Beach Police Department appropriated $40,000 of Police
Confiscation Trust Funds for this purpose, pursuant to Resolution No. 99-23403; and
WHEREAS, the City of Miami Beach Homeless Assistance Pilot Program requires
additional homeless outreach assistance and case management services that Douglas Gardens
Community Mental Health Center is specially qualified and uniquely situated to provide, both as an
Emergency Shelter Grants service provider to the City, and as a qualified provider of services within
Miami-Dade County, and as a participant in the Miami-Dade County Homeless Trust's Continuum
of Care system; and
WHEREAS, the City desires to enter into the attached Agreement with Douglas Gardens
Community Mental Health Center to provide outreach and case management services to Miami
Beach homeless individuals and families, and has appropriated funds for this purpose in the amount
of $40,000.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission of the City of Miami Beach, Florida, authorize the Mayor and City Clerk to execute
an Agreement with Douglas Gardens Community Mental Health Center, for $40,000, to Provide
Outreach and Intervention Services for the City of Miami Beach's homeless population, with funding
from the City of Miami Beach Police Department; and authorize the Mayor and City Clerk to
execute an Agreement with the Salvation Army, for $30,594, to provide Emergency Shelter Beds
to the City of Miami Beach's homeless population, with funding from the City of Miami Beach
General Fund; and authorize the allocation of City of Miami Beach General Funds, in the amount
of$30,594, and City of Miami Beach Police Department Funds, in the amount of $40,000, for this
Purpose.
PASSED AND ADOPTED THIS' 10th
DAY OF May" 2000
~!
MAYOR
ATTEST:
I )
Ie aLL[ (S 1 Lt(C[LL\,
aTY CLERK
APPROVED AS TO
FORN~ Be I.At'lGUf\GE
11 fOR EXECUTiON
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EXHIBIT A
RESOLUTION NO.
99-23400
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH
THE SALVATION ARMY FOR $61,594 TO PROVIDE EMERGENCY
SHELTER TO THE CITY OF MIAMI BEACH'S HOMELESS
POPULATION WITH FUNDING FROM BOTH THE CITY OF MIAMI
BEACH AND THE HOUSING AUTHORITY OF THE CITY OF MIAMI
BEACH, CONTINGENT UPON THE APPROVAL OF AN INTERLOCAL
AGREEMENT WITH THE HOUSING AUTHORITY OF THE CITY OF
MIAMI BEACH AND AUTHORIZING THE APPROPRIATION OF CITY OF
MIAMI BEACH FUNDS IN THE AMOUNT OF $30,594 FOR THIS
PURPOSE.
WHEREAS, for the past year, the Committee on the Homeless for the City of Miami
Beach has worked on the development of a pilot project to enhance the services provided by the
City to address the needs of the homeless population and, with the assistance of the
Administration, Committee members have identified homeless needs and evaluated strategies for
addressing same; and
WHEREAS, as a result of this work, the Committee has developed a pilot project under
the auspices of the Miami Beach Police Department with the following components: emergency
shelter beds and mobile outreach and transportation; and
WHEREAS, the budget of the Homeless Assistance Pilot Project is as follows:
additional 10-12 shelter beds ($61,594); mobile outreach and transportation ($ 40,000); for a
total of $101,594; and
WHEREAS, the Miami Beach Police Department has committed to funding $40,000 of
this amount, and it is recommended that the City fund $30,594 of the $61,594 needed for
additional beds; and the Administration has requested a funding commitment of $31,000 from
the Housing Authority of the City of Miami Beach; and
WHEREAS, to that end, the Administration has requested funding from the Housing
Authority of the City of Miami Beach to fulfill this commitment; and
WHEREAS, currently, the Homeless Trust of Miami-Dade County contracts shelter beds
with the Salvation Army and currently reserves approximately one half of the contracted beds for
Miami Beach homeless brought into the shelter by the Douglas Gardens Community Health
Center Outreach Team (the City of Miami Beach's designated homeless outreach team); and
WHEREAS, this reservation is not sufficient to address the homeless shelter needs for
Miami Beach homeless; and
WHEREAS, as part of the proposed Homeless Assistance Pilot Project, the City of
Miami Beach Police Department needs an additional number of emergency shelter beds to be
reserved specifically for its use when assisting homeless persons on the Beach; and
WHEREAS, the Salvation Anny has agreed to provide these guaranteed emergency
shelter beds at a rate of$15 per bed/day, for 90 days, in addition to maintaining the current level
of service; and
WHEREAS, once admitted to the shelter, homeless persons identified by the Police
Department will have access to the Continuum of Care system for Miami-Dade County, of which
the City of Miami Beach is a part; and
WHEREAS, the Continuum of Care system includes supportive services such as job
training, medical assistance, and access to transitional housing, among others; and
WHEREAS, the Administration believes that the proposed Homeless Assistance Pilot
Project is an important step that will benefit the homeless within the community, as well as the
community at large; and
WHEREAS, the Administration further believes that this is a vital step in the
continuation of its Continuum of Care plan for the benefit of the citizens of Miami Beach and the
Homeless Assistance Pilot Project includes components such as emergency shelter beds,
outreach activities, transportation, and others; and
WHEREAS, the Housing Authority of the City of Miami Beach enthusiastically
supported this proposal, contingent upon the approval of an Interlocal Agreement between the
City of Miami Beach and the Housing Authority of the City of Miami Beach.
NOW THEREFORE, BE IT RESOLVED, BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that the Mayor and City
Commission approve and authorize the Mayor and City Clerk to execute a contract with the
Salvation Anny for $61,594 to provide emergency shelter to the City of Miami Beach's
homeless population with funding from both the City of Miami Beach and the Housing Authority
of the City of Miami Beach, contingent upon the approval of an lnterlocal Agreement with the
Housing Authority of the City of Miami Beach, and authorizing the appropriation of City of
Miami Beach funds in the amount of $30,594 for this purpose.
PASSED AND ADOPTED THIS 1 sl Day of December, I '7JJfl
MAYOR ~
ATTEST:
JjLiAff ~ 0) cLv-.
C TY CLERK
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
SRlCMCIRM/ JR/MDC/lrc
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CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
http:\\ci.miami-beach fI.u&
COMMISSION MEMORANDUM NO. 87.0- ce
TO:
Mayor Neisen O. Kasdin
Members of the City Commission
DATE: December 1, 1999
SUBJECT: A RESOL ON OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH
THE SALVATION ARMY FOR $61,594 TO PROVIDE EMERGENCY
SHEL TER TO THE CITY OF MIAMI BEACH'S HOMELESS
POPULATION WITH FUNDING FROM BOTH THE CITY OF MIAMI
BEACH AND THE HOUSING AUTHORITY OF THE CITY OF MIAMI
BEACH, CONTINGENT UPON THE APPROVAL OF AN INTERLOCAL
AGREEMENT WITH THE HOUSING AUTHORITY OF THE CITY OF
MIAMI BEACH AND AUTHORIZING THE APPROPRIATION OF CITY OF
MIAMI BEACH FUNDS IN THE AMOUNT OF $30,594 FOR THIS
PURPOSE.
FROM: Sergio Rodriguez
City Manager
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
ANALYSIS
For the past year, the City's Committee on the Homeless has worked in the development of a pilot
project to enhance the services provided by the City to address the needs of the homeless population.
With the assistance of the Administration, committee members have identified homeless needs and
evaluated strategies for addressing these. As part of this work, the committee has worked with
different organizations within the community, to secure their support.
In the past, the Housing Authority of the City of Miami Beach developed, with the City
Commission's assistance, a plan that included outreach and permanent housing. The Housing
Authority of the City of Miami Beach has indicated to the Homeless Committee its willingness to
explore further involvement with its activities. The Housing Authority of the City of Miami Beach
should be further recognized for their continued commitment to the City's service needs and
COMhudSION MEMORANDUM
DECEMBER 1, 1999
PAGE 2
identified priorities. Service providers, such as Douglas Gardens Community Mental Health Center,
have also participated in the development of the project.
As a result of this work, the Committee has developed a pilot project under the auspices of the
Miami Beach Police Department with the following components: emergency shelter beds, mobile
outreach and transportation. The budget of the pilot project is as follows:
Homeless Assistance Pilot PrQject
Additional 10-12 Shelter Beds
Mobile Outreach and Transportation
Total
$ 61,594
40.000
$101,594
At its August 6, 1999 meeting, the Washington A venue Task Force unanimously supported this plan
as a first step in addressing this complex problem.
The Miami Beach Police Department has committed to funding the mobile outreach and
transportation component at an estimated cost of $40,000, and it is recommended that the City fund
$30,594 of the $61,594 needed for additional shelter beds. The Administration has requested a
funding commitment for $31,000 from the Housing Authority of the City of Miami Beach at its
Board meeting of November 16, 1999. The Board enthusiastically endorsed the proposed Homeless
Assistance Pilot Project, pending the approval of an Interlocal Agreement between the City of Miami
Beach and the Housing Authority.
Currently, the Homeless Trust of Miami-Dade County contracts shelter beds with the Salvation
Army and currently reserves approximately one half of the contracted beds for Miami Beach
homeless brought into the shelter by Douglas Gardens Community Health Center Outreach Team.
Douglas Gardens is funded by both the Miami-Dade County Homeless Trust and the City of Miami
Beach Emergency Shelter Grants Program as the City of Miami Beach's designated homeless
outreach team. The Homeless Trust reservation of beds is not sufficient to address the homeless
shelter needs for Miami Beach homeless. In addition to these emergency beds, Douglas Gardens
pays for 5 guaranteed beds at the Salvation Army shelter with funds it receives from the City of
Miami Beach Emergency Shelter Grants Program funds. As part of the proposed pilot program of
the Homeless Committee of the City of Miami Beach, the City of Miami Beach needs an additional
number of emergency shelter beds to be reserved specifically for our use when the Police
Department assists or transports homeless persons on the Beach.
The Salvation Anny has agreed to provide these guaranteed emergency shelter beds at a rate of $15
per bed/day for 90 days, in addition to maintaining the current level of service. Once admitted to
the shelter, homeless persons identified by the Police Department will have access to the Continuum
of Care system for Miami-Dade County, of which the City of Miami Beach is a part. The
Continuum of Care system includes supportive services such as job training, medical assistance, and
access to transitional housing, among others.
COMMISSION MEMORANDUM
DECEMBER 1,1999
PAGE 3
The Administration believes that the proposed Pilot Project of the Committee on the Homeless for
the City of Miami Beach is an important step that will benefit the homeless within the community,
as well as the community at large. The Administration further believes that this is a vital step in the
continuation of its Continuum of Care plan for the benefit of the citizens of Miami Beach. The
Homeless Assistance Pilot Project includes components such as emergency shelter beds, outreach
activities, transportation, and others.
The Administration recommends that the City authorize the execution of the contract, for activities
as described above, to provide funding for additional emergency beds for the City's homel6Ss
population.
SR1tNc:~Cllrc
F .IVDHPlSALL\L YSSETTEIIlOMELESS CMO
EXHIBIT B
RESOLUTION No. 99-23403
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, ADOPTING
THE SECOND AMENDMENT TO THE POLICE
CONFISCATION TRUST FUND FOR FISCAL YEAR 1999/00,
IN THE AMOUNT OF $42,500, TO BE FUNDED FROM THE
PROCEEDS OF STATE CONFISCATED FUNDS.
WHEREAS, Section 932.705, Florida Statutes, addresses the purpose and procedures to
be utilized for the appropriation and expenditures of the Police Confiscation Trust Fund; and
WHEREAS, the Chief of Police of the City of Miami Beach has determined that the need
for appropriation and expenditures exist and the appropriation and expenditure of forfeiture funds
is in compliance with Section 932.705, Florida Statutes; and
WHEREAS, such funds are available in the Police Confiscation Trust Fund.
NOW, THEREFORE BE IT DUL Y RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby adopt the Second Amendment to the FY 99/00 Police Confiscation Trust
Fund Budget for the City of Miami Beach, in the amount of$42,500, as reflected in the attached
Exhibit "A".
CURRENT
BUDGET
INCREASE
AMENDED
BUDGET
$272,950
$42,500
$315,450
PASSED AND ADOPTED THIS 1st
, 1999
Mayor
ATTEST BY:
~tL\
City Clerk
PPROVED BY:
: ..;'.~OVED AS TO
;:}>1I. & LANGUAGE
.,')R EXECUTION
/liUilllclL JJ/Eft(
AFFIDA VIT
I, Richard Barreto, Chief of Police, City of Miami Beach, do hereby certify that the
aforementioned proposed request for expenditures from the City of Miami Beach Police
Confiscation Trust Fund, for the 1999/00 fiscal year providing funds for expenditures as
indicated on Exhibit "A", complies with the provisions of Section 932.704(3)(a), Florida
Statutes.
~ Oy~ ~
Richard Barreto
Chief of Police
Miami Beach Police Department
(I-r!'-'}~
Date
POLICE CONFISCATION TRUST FUND
SECOND BUDGET AMENDMENT
FISCAL YEAR 99/00
STATE FUNDS:
HOMELESS PILOT PROJECT
To fund a provider contract for an on-call
mobile outreach team to enable the Committee
on Homeless to address the homeless situation
in Miami Beach
"FIRST NIGHT" an alcohol free alternative
for New Year's Eve
HELIPORT, including Engineering Study,
Fire fighting cart and supplies, painting and
demarcations and electrical and lighting.
The Miami Beach Police Facility was designed
to support helicopter operations from the roof
top (south side). Until this year the Certification
process has never been pursued. The Certification
of the rooftop as a heliport is the responsibility of
the Department of Transportation. The DOT
requires certain minimum standards with respect
to fire fighting equipment, rooftop markings, wind
sock, and lighting. An engineering study was
conducted to confirm the structural integrity and
to develop a weight restriction for the landing site.
The Heliport is anticipated to be fully operational
prior to December 3 I, 1999 and will be utilized
by Miami-Dade helicopters to support MBPD
operations during the New Year.
GRAND TOTAL STATE FUNDS
$40,000
2,500
Ig~
Amount not approved
by the City Commission
$42,500
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
http \lei miami-beach n us
COMMISSION MEMORANDUM NO. ~
TO:
Mayor Neisen O. Kasdin and
Members of the City Com sian
DATE: December 1, 1999
SUBJECT: A RESOLUT ON OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, ADOPTING THE SECOND
AMENDMENT TO THE POLICE CONFISCATION TRUST FUND FOR
FISCAL YEAR 1999/00, IN THE AMOUNT OF $,42,500, FUNDED FROM
THE PROCEEDS OF STATE CONFISCATION FUNDS.
FROM: Sergio Rodriguez
City Manager
ADMINISTRATION RECOMMENDATION
Adopt the Resolution
ANALYSIS
Florida Statute 932.705 provides for expenditure of forfeiture funds for law enforcement purposes.
The Chief of Police of the City of Miami Beach has reviewed and identified the need for the
appropriation and has established that the expenditures of forfeiture funds is in compliance with
Section 932.705, Florida State Statutes. These forfeiture funds have been deposited in the Police
Confiscation Trust Fund. The City has complied with all statutory procedures involved in the
transaction of these funds.
The Administration requests authorization to adopt the Second Amendment to the operating budget
for the FY 99/00 Police Confiscation Trust Fund per the attached Resolution in the amount of
$42,500 from State Funds to be used to provide funds for the expenditures listed in Exhibit "An.
SR:~
av"
EXffiBIT C
AGREEMENT BETWEEN
THE CITY OF MIAMI BEACH
AND
THE SALVATION AR'VIY, A GEORGIA CORPORATION
TillS AGREEMENT entered into as of this _ day of ,2000 by and between the CITY
OF MIAMI BEACH, FLORIDA ("City"), which tem1 shall include its officials, successors, legal
representatives, and assigns, and THE SAL VA TION AR1\fY, A GEORGIA CORPORATION ("Provider").
SECTION 1
DEFINITIONS
Agreement:
This written Agreement between the City and the Provider.
City Manager:
"City Manager" means the Chief Administrative officer of the City.
Providcr:
For the purposes of this Agreement, Providcr shall be deemed to be an independent
contractor, and not an agent or employee ofthe City.
Final Acceptance:
"Final Acceptance" means notice from the City to the Provider that the Provider's
Services are complete as provided in Section 4.8 of this Agreement.
Fixed Fee:
Fixed amount paid to the Provider to allow for its costs and margin of profit.
Project:
A program that results from the Scope of Work and Services.
Project
Coordinator:
An individual designated by the City to coordinate, direct and review on behalf of
the City all technical matters involved in the Scope of Work and Services.
Project Manager:
An individual designated by the Provider to be fully responsible for the day-to-day
activities under this Agreement, and who shall serve as the primary contact for the
City's Project Coordinator.
Risk Manager:
The Risk Manager of the City, with offices at 1700 Convention Center Drive, Third
Floor, Miami Beach, Florida 33139.
Services:
All services, work and actions by the Provider performed pursuant to or undertaken
under this Agreement described in Section 2.
Termination:
Termination of Provider Services as provided in Section 4.9 of this Agreement.
Task:
A discrete portion of the Scope of Services to be accomplished by the Provider, as
described in Section 2 below, if directed and authorized.
75
SECTION 2
SCOPE OF WORK ANn SERVICES REOUIRED (SERVICES)
The scope of work for this Project to be perform cd by the Provider is set forth in Exhibit "A," entitled
"Scopc of Services".
SECTION 3
COMPENSATION
3.1
FIXED FE E
For the term of this Agreement the City agrees to pay funds allocated to Provider equal to $15 per
bed/night not to exceed a total of Thirty Thousand Five Hundred and Ninety Four and 00/100 ($30,594.00),
to be used in furtherance of the Services to be performed herein, such Services as set forth in Exhibit "A"
hereto.
3.2
METHOD OF PAYMENT
Payment of the funds set forth in Section 3.1 shall commence at the time of execution of this
Agreement. Provider shall be required to submit monthly invoices reflecting number of clients, times per
diem of $15/night guaranteed rate, to include submission of monthly billing reports, as reflected in Exhibit
'''B.''
SECTION 4
GENERAL PROVISIONS
4.1
RESPONSIBILITY OF THE PROVIDER
With respect to the performance ofthe Services, the Provider shall exercise that degree of skill, care,
efficiency and diligence normally exercised by recognized professionals with respect to the performance of
comparable Services. In its performance of the Services, the Provider shall comply with all applicable laws
and ordinances, including but not limited to applicable regulations of the City, County, State, Federal
Government, ADA, EEO Regulations and Guidelines.
4.2
PUBLIC ENTITY CRIMES
State of Florida Form PUR 7068, Sworn Statement under Section 287.133(3 )(a) Florida Statute on
Public Entity Crimes, as available with the Office of the City Clerk, shall be filed by Provider. Form
provided as Exhibit "c."
4.3
PRO.JECT MANAGEMENT
The Provider shall appoint a qualified individual acceptable to the City to serve as Project Manager
for the Services who shall be fully responsible for the day-to-day activities under this Agreement and who
shall serve as the primary contact for the City's Project Coordinator. Ms. Augusta A. Flynn, MP Aiel, shall
be designated as the Project Manager by Provider.
2
76
4.4
DUR~ TION AND EXTENT OF AGREEMENT
The term of this Agreement shall be for a period of four (4) months. commencing on May L 2000,
and ending on August 31,2000. Any future term of this Agreement following the term set forth herein, shall
be subject to prior written approval of the City, which approval shall be at the City's sole discretion. The
City's future funding for any additional term(s) shall also be contingent upon a favorable evaluation of the
Salvation Army by the City and the Miami-Dade County Homeless Trust. Notwithstanding the aforestated
language, however, the City shall have no future obligation to renew this Agreement beyond the term set
forth herein.
4.5
TIME OF COMPLETION .
The Services to be rendered by the Provider shal I be commenced upon receipt of a written Notice
to Proceed from the City, subsequent to the execution of this Agreement, and Provider shall adhere to the
completion schedule, as shall be mutually determined by the City and Provider, but in no event shall said
schedule exceed the term of this Agreement, as set forth above, unless as provided below.
A reasonable extension of time shall be granted in the event the work of the Provider is delayed or
prevented by the City or by any circumstances beyond the reasonable control of the Provider, including
weather conditions or acts of God which render performance of the Provider's duties impracticable.
4.6
NOTICE TO PROCEED
Unless otherwise directed by the City, the Provider shall proceed with the work only upon issuance
of a Notice to Proceed by the City.
4.7
OWNERSHIP OF DOCUMENTS AND EQUIPMENT
All documents prepared by the Provider pursuant to this Agreement are related exclusively to the
Services described herein, and are intended or represented for ownership by the City. Any reuse shall be
approved by the City,
4.8
INDEMNIFICA nON
Provider agrees to indemnify and hold harmless, the City of Miami Beach and its officers, employees
and agents, from and against any and all actions, claims, liabilities, losses, and expenses, including, but not
limited to, attorneys' fees, for personal, economic or bodily injury, wrongful death, loss of or damage to
property, in law or in equity, which may arise or be alleged to have arisen from the negligent acts, errors,
omissions or other wrongful conduct of the Provider. its employees, agents, sub-Providers, or any other
person or entity acting under Provider's controL in connection with the Provider's performance of the
Services pursuant to this Agreement; and to that extent, the Provider shall pay all such claims and losses and
shall pay all such costs and judgements which may issue from any lawsuit arising from such claims and
losses, and shall pay all costs and attorneys fees expended by the City in the defense of such claims and
losses, including appeals. The parties agree that one percent ( 1%) of the total Compensation to the Provider
for performance of this Agreement is the specific considt:ratioll from the City to the Provider for the
Provider's Indemnity Agreement.
3
77
The Provider's obligation under this subsection shall not include the obligatilm to indemnify the City
of Miami Beach and its officers. employees and agents, from and against any actions or claims \vhich arise
or are alleged to have arisen from negligent acts or omissions or other wrongful conduct of the City and its
officers, employees and agents. The parties each agree to give the other party prompt notice of any claim
coming to its knowledge that in any way directly or indirectly affects the other party.
~.9
I~SURANCE REOUIREMENTS
The Provider shall not commence any work pursuant to this Agreement until all insurance required
under this Section has becn obtained and such insurance has been approved by the City's Risk Manager. The
Provider shall maintain and carry in full force dl1ring the term of this Agreement and throughout the duration
of this project the following insurance:
I. Provider's Professional Liability in the amount of $300,000.00. A certified copy of the Provider's
(and any sub-Providers') Insurance Policy must be filed and approved by the Risk Manager prior to
commencement.
2. Workers Compensation & Employers Liability as required pursuant to Florida statute.
3. Thirty (30) days written notice of cancellation or substantial modification in the insurance coverage
must be given to the City's Risk Manager by the Provider and his insurance company.
4. The insurance must be furnished by insurance companies authorized to do business in the State of
Florida and approved by the City's Risk Manager.
5. Original certificates of insurance for the above coverage must be submitted to the City's Risk
Manager for approval prior to any work commencing. These certificates will be kept on file in the
office of the Risk Manager, 3rd Floor, City Hall.
6. The Provider is responsible for obtaining and submitting all insurance certificates for their Providers.
All insurance policies must be issued by companies authorized to do business under the laws of the
State of Florida. The companies must be 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, subject to the approval of the City's Risk Manager.
Compliance with the foregoing requirements shall not relieve the Provider of the liabilities and
obligations under this Section or under any other portion of this Agreement, and the City shall have the right
to obtain from the Provider specimen copies of the insurance policies in the event that submitted certificates
of insurance arc inadequate to ascertain compliance with required overage.
4.9.1 Endorsements
All of Provider's certificates, above, shall contain endorsements providing that written notice shall
be given to the City at least thirty (30) days prior to tennination, cancellation or reduction in coverage in the
policy.
4
78
4.9.2 Certificates
Unless directed by the City otherwise. the Provider shall not commence any services pursuant to this
Agreement until the City has received and approved, in writing, certificates of insurance sho\\ing that the
requirements of this Section (in its entirety) have been met and provided for.
4.10
TER:\-JINATI01'l. SUSPENSION AND SANCTIONS
4.10.1 Termination for Cause
If through any cause within the reasonable control of the Provider, the Provider shall fail to fulfill
in a timely manner, or otherwise violate any of the covenants, agreements, or stipulations material to this
Agreement, the City shall thereupon have the right to terminate the Services then remaining to be perfonned.
Prior to exercising its option to tenninate for cause, the City shall notify the Provider of its violation of the
particular tenns of this Agreement and shall grant Provider ten (10) days to cure such default. If such default
remains uncured after ten (10) days, the City, upon three (3) days' notice to Provider, may terminate this
Agreement.
In that event, all finished and unfinished documents, data, studies, surveys, drawings, maps, models,
photographs, reports and other work products prepared by the Provider and its subcontractors shall be
properly delivered to the City and the City shall compensate the Provider in accordance with Section 3 for
all Services perfonned by the Provider prior to Termination.
Notwithstanding the above, the Provider shall not be relieved of liability to the City for damages
sustained by the City by virtue of any breach of the Agreement by the Provider and the City may reasonably
withhold payments to the Provider for the purposes of set off until such time as the exact amount of damages
due the City from the Provider is detennined. .
4.10.2 Termination for Convenience of City
Notwithstanding subsection 4. I O. I above, the City may, for its convenience, and without cause,
tenninate the Services then remaining to be performed at any time by giving written notice to Provider of
such tennination, which shaIl become effective seven (7) days following receipt by Provider of the written
tennination notice. In that event, all finished or unfinished documents and other materials as described in
Section 2 shall be properly delivered to the City. If the Agreement is terminated by the City as provided in
this Section, the City shall compensate the Provider for all Services actuaIly perfonned by the Provider and
reasonable direct costs of Provider for assembling and delivering to City all documents. Such payments shall
be the total extent of the City's liability to the Provider upon a Tennination as provided for in this Section.
4.10.3 Termination for Insolvency
The City also reserves the right to tenninate the remaining Services to be perfonned in the event the
Provider 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
4.10.2.
5
7q
4.10.4 Sanctions for Noncompliance with Nondiscrimination Provisions
In the event of the Provider's noncompliance \'lith the nondiscrimination prOVISIons of this
Agreement. the City shall impose such Sanctions as the City or the State of Florida may determine to be
appropriate. including but not limited to withholding of payments to the Provider under the Agreement until
the Provider complies and/or cancellation, tenn ination or suspension of the Services, in \'lhole or in part. In
the event the City cancels or tenninates the Services pursuant to this Section the rights and obligations of
the parties shall be the same as provided in Section 4.10.2.
4.10.5 Changes and Additions
Each such change/addition shall be directed by a written Notice signed by the duly authorized
representatives of the Provider. Said Notices shall provide an equitable adjustment in the time of
perfonnance. a reallocation of the task budget and, if applicable, any provision of this Agreement which is
affected by said Notice. The City shall not reimburse the Provider for the cost of preparing Agreement
change documents, written Notices to Proceed. or other documentation in this regard.
4.11
ASSIGNMENT. TR<\.NSFER OR SUBCONTR<\.CTING
The Provider shall not subcontract, assign, or transfer any work under this Agreement without the
prior written consent of the City, which consent, if given, shall be at the sole and absolute discretion of the
City.
4.12
SUB-PROVIDERS
The Provider shall be liable for the Provider's services, responsibilities and liabilities under this
Agreement and the services, responsibilities and liabilities of Sub-Providers, and any other person or entity
acting under the direction or control of the Provider. When the term "Provider" is used in this Agreement,
it shall be deemed to include any sub-Providers and any other person or entity acting under the direction or
control of Provider. All sub-Providers must be approved in writing by the City prior to their engagement
by Provider. A Sub-Contractor/Supplier listing will be attached hereto as Exhibit "D."
4.13
EOUAL EMPLOYMENT OPPORTUNITY/ADA NON-DISCRIMINATION
POLICY
In connection with the performance of this Agreement, the Provider shall not discriminate against
any employee or applicant for employment because of race, color, religion, ancestry, sex, age, national
origin, place of birth, marital status, or physical handicap. The Provider shall take affirmative action to
ensure that applicants are employed and that employees are treated during their employment without regard
to their race, color, religion, ancestry, sex, age, national origin, place of birth, marital status, disability, or
sexual orientation. Such action shall include, but not be limited to the following: employment, upgrading,
demotion, or termination; recruitment or recruitment advertising; layoff or termination; rates of pay, or other
forms of compensation; and selection for training. including apprenticeship.
Provider agrees to adhere to and be governed by all applicable requirements of the laws listed below
including, but not limited to, those provisions pertaining to employment, provision of programs and services,
transportation, communications, access to facilities, renovations, and new construction.
6
80
The Americans with Disabilities Act of 1990 (ADA): Pub. L. 101-336, 104 Stat 327. 42
use. 12101-12213 and 547 USe. Sections 225 and 611 including Title L Employment:
Title II, Public Services; Title Ill. Public Accommodations and Services Operated by Pri\ate
Entities; Title IV, Telecommunications: and Title V, Miscellaneous Provisions.
The Rehabilitation Act of 1973: 29 U.s.c. Section 794.
The Federal Transit Act, as amended: 49 U .S.c. Section 16 I 2.
The Fair Housing Act as amended: 42 U.s.c. Section 3601-3631.
Provider must complete and submit the City's Disability Non-Discrimination Affidavit (Affidavit).
I n the event Provider fails to execute the City's At1idavit, or is found to be in non-compliance with the
provisions of the Affidavit, the City may impose such sanctions as it may determine to be appropriate,
including but not limited to, withholding of payments to Provider under the Agreement until compliance
and/or cancellation, termination or suspension of the Agreement in whole or in part. In the event, the City
cancels or terminates the Agreement pursuant to this Section, Provider shall not be relieved of liability to
the City for damages sustained by the City by virtue of Provider's breach of the Agreement. The City's
Disability Non-Discrimination Affidavit is attached hereto as Exhibit "E."
4.14
CONFLICT OF INTEREST
The Provider agrees to adhere to and be governed by the Metropolitan Dade County Conflict of
Interest Ordinance (No. 72-82), as amended; and by the City of Miami Beach Charter and Code, which are
incorporated by reference herein as if fully set forth herein, in connection with the contract conditions
hereunder as Exhibit "F."
The Provider covenants that it presently has no interest and shall not acquire any interest, direct or
indirectly which should conflict in any manner or degree with the performance of the Services. The Provider
further covenants that in the performance of this Agreement, no person having any such interest shall
knowingly be employed by the Provider. 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.
4.15
PATENT RIGHTS: COPYRIGHTS: CONFIDENTIAL FINDINGS
Any patentable result arising out of this Agreement, as well as all information, design specifications,
processes, data and findings, shall be made available to the City for public use. No reports, other documents,
articles or devices produced in whole or in part under this Agreement shall be the subject of any application
for copyright or patent by or on behalf of the Provider or its employees or subcontractors.
4.16
NOTICES
All communications relating to the day-to-day activities shall be exchanged between the Project
Manager appointed by Provider and the Project Coordinator designated by the City. The Provider's Project
Manager and the City's Project Coordinator shall be designated promptly upon commencement of the
Services.
7
81
All other notices and communications in writing required or permitted hereunder may be delivered
personally to the representatives of the Provider and the City listed below or may be mailed by registered
mail, postage prepaid (or airmailed if addressed to an address outside of the city of dispatch).
Until changed by notice in writing, all such notices and communications shall be addressed as
follows:
TO PROVIDER
The Salvation Army
Attn: Ms. Augusta A. Flynn, MPA/CJ
Director of Social Services
Miami Metropolitan Area Command
1907 N.W. 38th Street
Miami, Florida 33135-0370
(305) 637-6721 (voice)
(305) 635-] 123 (facsimile)
TO CITY:
City of Miami Beach Police Department
Attn: Capt. Casey Conwell
1100 Washington Avenue
Miami Beach. FL 33139
(305) 673-7776 Extension 5320 (voice)
(305) 673-7867 (facsimile)
WITH COPIES TO:
Office of the City Attorney
Attn: Murray H. Dubbin, City Attorney
City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33139
(305) 673-7470
Notices hereunder shall be effective:
If delivered personally, on delivery; if mailed to an address in the city of dispatch, on the
day following the date mailed; and if mailed to an address outside the city of dispatch on
the seventh day following the date mailed.
4.17
LITIGATION JURISDICTION
Any litigation between the parties, arising of, or in connection with this Agreement, shall be initiated
in the court system of the State of Florida.
4.18
ENTIRETY OF AGREEMENT
This writing and the Scope of Services embody the entire Agreement and understanding between
the parties hereto, and there are no other agreements and understandings, oral or written with reference to
the subject matter hereof that are not merged herein and superseded hereby. The Scope of Services is hereby
8
82
incorporated by reference into this Agreement to the extent that the terms and conditions contained in the
Scope of Services are consistent with the Agreement. To the extent that any term in the Scope of Services
is inconsistent \vith this Agreement, this Agreement shall prevail.
No alteration, change, or modification of the terms of th is Agreement shall be valid unless amended
in writing, signed by both parties hereto, and approved by the City Commission of the City of Miami Beach.
This Agreement, shall be governed by and construed according to the la\\'s of the State of Florida.
4.19
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. Provider hereby
expresses its willingness to enter into this Agreement with Provider's recovery from the City for any damage
action for breach of contract to be limited to a maximum amount of$10,000 less the amount of all funds
actually paid by the City to Provider pursuant to this Agreement.
Accordingly, and notwithstanding any other term or condition of this Agreement, Provider hereby
agrees that the City shall not be liable to the Provider for damages in an amount in excess of $1 0,000 which
amount shall be reduced by the amount actually paid by the City to Provider pursuant to this Agreement, 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 paragraph or elsewhere in
this Agreement is in any way intended to be a waiver of the limitation placed upon City's liability as set forth
in Section 768.28, Florida Statutes.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their
appropriate officials, as of the date first entered above.
FOR CITY:
CITY OF MIAMI BEACH, FLORIDA
ATTEST:
By:
City Clerk
By:
Mayor
FOR PROVIDER:
SALVATION ARMY
ATTEST:
Secretary
By:
President
Corporate Seal:
APPROVED AS TO
FORlv\ & LANGUAGE
& FOR EXECUTION
F\DDHP\SALUL YSSEITE\HOMELESS\CO~TRACT\SAL VAT WPD
9
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Af/~
C' 'r'r4!1f
y ;;~f/
00
83
F:XHIBIT A
"SCOPE OF SERVICES"
Emergency Shelter and Case Management Services for Miami Beach Clients
The Provider agrees to provide at least I I guaranteed emergency care beds per day (for males and for
females and/or families, with flexibility regarding the types of beds to be provided, depending on the type
of bed needed daily) to homeless individuals and families referred exclusively by the City of Miami Beach
Police Department to the Provider, under the same terms and conditions as specified in the Provider's
contract with Miami-Dade County. This reservation of beds is in addition to the Provider's current
arrangement with the Miami-Dade County Homeless Trust.
Emergency care beds include, but are not limited to:
I. Emergency housing (limited to three (3) days stay per client) unless expressly agreed to otherwise
by the City and the Provider;
2. At least two prepared meals daily;
3. Bilingual case management (minimum of English and Spanish), information and referral to ancillary
services; independent living skills preparation; as outlined in the Miami-Dade County Continuum
of Care;
4. On-site supervision;
5. Client transportation, when necessary;
6. Health, substance aouse, mental health screening and treatment, and referrals;
7. Advocacy role to assist client in receiving entitlements (such as SSI, VA, T ANF, Medicaid, and/or
other entitlements);
8. Referral to educational and vocational services, as appropriate;
9. Referral to appropriate housing and follow-up;
10. Testing for tuberculosis within seventy-two (72) hours of admittance to shelter;
I I. Clean clothing and hygiene products;
12. Referrals for beds under this agreement will be available exclusively to individuals and families
escorted by the City Police Department;
13. Access to the facility by City police officers (or representatives) 24 hours a day, 7 days a week;
14. Daily notification of availability of beds under this agreement will be done Monday through Friday,
24 hours a day, and by telephone access all other times.
10
84
I. NARRATIVE REPORT
EXHIBIT B
Month of:
Agency Submitting Report:
Date Report Submitted:
Report Compiled by:
CLIENT INFORMATION:
Number of Referrals this service month:
Number of Referrals year-to-date:
N umber of Placements this service month:
Number of Empty beds this service month:
Number of Empty bed days this service month:
Outplacement:
Voluntary withdrawn:
Unable to locate/AWOL:
Transferred to other Primary Care Provider:
Terminated for failure to comply:
Moved to permanent housing/own housing:
Family reunification:
Institutionalized Uaillhospital)
Number of clients obtaining employment:
Number of clients participating in vocational training:
Number of clients participating in educational programs:
Number of clients accessing: AFDC:
VA:
Other:
SSI:
Food Stamps:
Number of referrals to: JVS:
AuroraCare:
Camillus Health Concern:
Miami Supportive Housing Corp.:
PROGRAM INFORMATION:
Are clients appropriate for your program?:
YES
NO
Ifno, please explain, including examples and client names:
Problems or Concerns?:
AGENCY INFORMATION:
Number of staff this Month:
Filled:
Vacant:
Problems or Concerns?:
Executive Director Signature:
Date:
85
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-.of
EXHIBIT C
SWORN STATEMENT UNDER SECTION 287.133(3)(a),
FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES
THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER
OFFICER AUTHORIZED TO ADMINISTER OATHS.
1. This sworn statement is submitted to
by
[print name of public entity]
[print individual's name and title]
for
[print name of entity submitting sworn statement]
whose business address is
and (if applicable) its Federal Employer Identification Number (FEIN) is
(If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement:
.)
2. I understand that a "public entity crime" as defined in Paragraph 287.133(1 )(g), Florida Statutes, means a
violation of any state or federal law by a person with respect to and directly related to the transaction of business
with any business with any public entity or with an agency or political subdivision of any other state or of the
United States, including, but not limited to, any bid or contract for goods or services to be provided to any public
entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud,
theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation.
3. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes, means a
finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or
state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of
a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere.
4. I understand that an "affiliate" as defined in Paragraph 287.133 (1)(a), Florida Statutes, means:
1. A predecessor or successor of a person convicted of a public entity crime; or
2. An entity under the control of any natural person who is active in the management of the entity and who has
been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners,
shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership
by one person of shares constituting a controlling interest in another person. or a pooling of equipment or income
among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that
one person controls another person. A person who knowingly enters into a joint venture with a person who has
been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate.
PC046.046
5. I understand that a "person" as defined in Paragraph 287.133( 1 )(e). Florida Statutes means any natural person
or entity organized under the laws of any state or of the United States With the legal power to enter into a binding
contract and which bids or applies to bid on contracts for the prOVISion of goods or services let by a public entity,
or which otherwise transacts or applies to transact business with a publiC entity. The term "person" includes those
officers, directors, executives, partners, shareholders, employees, members, and agents who are active in
management of an entity.
6. Based on information and belief, the statement which I have marked below is true in relation to the entity
submitting this sworn statement. [indicate which statement applies.]
Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners,
shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of
1
87
the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989.
The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners
shareholders, employees, members or agents who are active in management of the entity, or an affiliate of the
entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989.
The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners,
shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of
the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However,
there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of
Administrative Hearings and the Final Order entered by the hearing Officer determined that it was not in the pUblic
interest to place the entity submitting this sworn statement on the convicted vendor list. [attach a copy of the final
order]
I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE
PUBliC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBliC ENTITY ONLY AND,
THAT THIS FORM IS VAliD THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I
ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBliC ENTITY PRIOR TO ENTERING INTO
A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287017, FLORIDA
STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM.
[signature]
Sworn to and subscribed before me this
day of
,20_.
Personally known
OR Produced identification
Notary Public - State of
(Type of Identification)
My commission expires
(Printed typed or stamped Commissioned name of Notary Public)
2
88
EXHIBIT 0
SUB-CONTRACTOR/SUPPLIER LISTING
NAME OF PRlME CONTRACTOR/RESPONDENT
PROJECT NAtvlE
Busim:ss Name and Address of Principal Owner Scope of Work to be (Principal Owner)
First Tier Subcontractor/ Performed by Subcontractor/
Subconsultant Subconsultant
Gender Race
Business Name and Address of Principal Owner Supplies/Materials/Services to (Principal Owner)
Direct Supplier be Provided by Supplier
Gender Race
I certify that the representations contained in this Subcontractor/Supplier Listing are to the best of my
knowledge true and accurate.
89
EXHIBIT E
ACKNOWLEDGEMENT OF DISABILITY NONDISCRIMINATION AFFlDA\"lT
CONTRACT REFERENCE Fiscal Year 2000/200t
NAME OF FIRM, CORPORATION, OR ORGANIZATION The Salvation Army, A Georgia
Corporation
AUTHORIZED AGEJ'\:T COMPLETING AFFIDA VII
POSITION
PHONE NUMBER (
L , being duly first sworn state: That the above
named form, corporation or organization is in compliance with and agrees to continue to comply with, and
assure that any subcontractor, or third party contractor under this project complies with all applicable
requirements of the laws listed below including, but not limited to, those provisions pertaining to
employment, provision of programs and services, transportation, communications, access to facilities,
renovations, and new construction.
The Americans with Disabilities Act of 1990 (ADA): Pub. L. 101-336, 104 Stat 327, 42 U.s.e.
12101-12213 and 547 U.S.e. Sections 225 and 611 including Title I, Employment; Tittle II, Public
Services; Title III, Public Accommodations and Services Operated by Private Entities; Title IV,
Telecommunications; and Title V, Miscellaneous Provisions.
The Rehabilitation Act of 1973: 29 U.S.e. Section 794.
The Federal Transit Act, as amended: 49 U.S.c. Section 1612.
The Fair Housing Act as amended: 42 U.s.C. Section 3601-3631.
Signature
Date
SUBSCRIBED AND SWORN TO (or affirmed) before me on
(Date)
by
He/She is personally known to me or has
(Affiant)
presented
as identification.
(Type of identification)
(Signature of Notary) (Serial Number)
(Print or Stamp Name of Notary) (Expiration Date)
Notary Public (State) Notary Seal
The City of Miami Beach will not award a contract to any firm, corporation or organization that fails to
complete and submit this Affidavit with the firm, corporation or organization's bid or proposal or fails to
have this Affidavit on file with the City of Miami Beach.
Page 1 of 1
90
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
http:\\ci.miami-beach.fl.us
...-----..-------------..------------------..------------------------------.-.---------------.-------------------------------------.-----------------------..-------------.-------------.-------------------------------------------------
COMMISSION MEMORANDUM NO. ~3 Cf---oo
TO:
Mayor Neisen O. Kasdin
Members of the City Commission
DATE: May 10,2000
FROM: Lawrence A. Levy ~
City Manager
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH
DOUGLAS GARDENS COMMUNITY MENTAL HEALTH CENTER, FOR
$40,000, TO PROVIDE OUTREACH AND INTERVENTION SERVICES FOR
THE CITY OF MIAMI BEACH'S HOMELESS POPULATION, WITH
FUNDING FROM THE CITY OF MIAMI BEACH POLICE DEPARTMENT;
AND APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE AN AGREEMENT WITH THE SALVATION ARMY, FOR $30,594,
TO PROVIDE EMERGENCY SHELTER BEDS TO THE CITY OF MIAMI
BEACH'S HOMELESS POPULATION, WITH FUNDING FROM THE CITY OF
MIAMI BEACH GENERAL FUND; AUTHORIZING THE ALLOCATION OF
CITY OF MIAMI BEACH GENERAL FUNDS, IN THE AMOUNT OF $30,594,
AND CITY OF MIAMI BEACH POLICE DEPARTMENT FUNDS, IN THE
AMOUNT OF $40,000, FOR THIS PURPOSE.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
CONTRACT AMOUNT AND FUNDING
Contract amount for the Salvation Army contract not to exceed $30,594. Funds are available
through the General Fund of the City of Miami Beach as appropriated in Resolution No. 99-23400
(See attached Exhibit A.) Contract amount for the Douglas Gardens Community Mental Health
Center contract is not to exceed $40,000. Funds are available through the Police Department
Confiscation Trust Funds as appropriated in Resolution No. 99-23403 (See attached Exhibit B.)
ANAL YSIS
The City of Miami Beach Committee on the Homeless has designed a Homeless Assistance Pilot
AGENDA ITEM Cr F
DATE 5--\0 -DC)
COMMISSION MEMORANDUM
May 10, 2000
Page 2
Program in furtherance of the City of Miami Beach Police Department GENERAL ORDER NO. 05-
98, June 3, 1998: "STANDARD OPERATING PROCEDURES FOR HOMELESS ASSISTANCE".
This Pilot Program was presented to the City Commission at its meeting of December 1, 1999, and
the City Commission approved Resolution No. 99-23400, which approved and authorized the Mayor
and City Clerk to execute a contract with the Salvation Army for $61,594 to provide emergency
shelter beds to the City of Miami Beach's homeless population with funding from both the City of
Miami Beach and the Housing Authority of the City of Miami Beach, contingent upon the approval
of an Interlocal Agreement with the Housing Authority of the City of Miami Beach and authorized
the appropriation of City of Miami Beach funds in the amount of$30,594 for this purpose.
To date, the Housing Authority of the City of Miami Beach has not approved the Interlocal
Agreement with the City as a result of a pending U.S. Department of Housing and Urban
Development (HUD) audit report. The Housing Authority ofthe City of Miami Beach has expressed
its interest to participate and support the project upon resolution of its audit findings with HUD. As
a result, and in order to move forward with the Pilot Project, it is recommended that the City proceed
with the Pilot Program for a period of time for which funds are available. The current contract
between Miami-Dade County Homeless Trust and the Salvation Army, which is the basis for the
Homeless Assistance Pilot Project contract with the Salvation Army, expires August 31, 2000.
In effect, Resolution No. 99-23400 authorized a reservation of emergency shelter beds specifically
for utilization by the Miami Beach Police Department for Miami Beach homeless persons in its pilot
program of homeless outreach and transportation to shelter.
Currently, the Homeless Trust of Miami-Dade County contracts shelter beds with the Salvation
Army and currently reserves approximately one half of the contracted beds for Miami Beach
homeless brought into the shelter by Douglas Gardens Community Health Center Outreach Team.
Douglas Gardens is funded by both the Miami-Dade County Homeless Trust and the City of Miami
Beach Emergency Shelter Grants Program as the City of Miami Beach's designated homeless
outreach team. The Homeless Trust reservation of beds is not sufficient to address the homeless
shelter needs for Miami Beach homeless. In addition to these emergency beds, Douglas Gardens
pays for 5 guaranteed beds at the Salvation Army shelter with funds it receives from the City of
Miami Beach Emergency Shelter Grants Program funds.
The Miami Beach Police Department has committed $40,000 of Police Confiscation Trust Funds
through Resolution No. 99-23403. This funding is to be used to contract with Douglas Gardens
Community Mental Health Center for homeless assistance outreach and case management. Douglas
Gardens Community Mental Health Center is currently carrying out homeless assistance outreach
and case management services within the City of Miami Beach, pursuant to its Emergency Shelter
Grants Contract with the City.
The City of Miami Beach Homeless Assistance Pilot Program requires additional homeless outreach
assistance and case management services that Douglas Gardens Community Mental Health Center
COMMISSION MEMORANDUM
May 10, 2000
Page 3
(DGCMHC) is specially qualified and uniquely situated to provide, both as an Emergency Shelter
Grants service provider to the City and as a qualified provider of services within Miami-Dade
County, and as a participant in the Miami-Dade County Homeless Trust's Continuum of Care
system.
Under the proposed contract, DGCMHC agrees to provide assistance to the City, 24 hours a day, 7
days a week, by providing qualified homeless case managers who will assist the City's police
officers in engaging homeless persons in the City of Miami Beach.
Both contracts have been attached to this Memorandum, and are labeled as Exhibits C and D. The
contract with the Salvation Army (Exhibit C) has been prepared in accordance with Article VI,
Division 3, "Contract Procedures", Section 2-369 ofthe Miami Beach City Code. The contract with
Douglas Gardens Community Mental Health Center (Exhibit D) has bee.n prepared using as a basis
the current Emergency Shelter Grants contract between the City of Miami Beach and DGCMHC.
Once admitted to the Salvation Army shelter, homeless persons identified by the Police Department
and referred by Douglas Gardens Community Mental Health Center will have access to the
Continuum of Care system for Miami-Dade County, of which the City of Miami Beach is a part.
The Continuum of Care system includes supportive services such as job training, medical assistance,
and access to transitional housing, among others.
The Administration believes that the proposed Pilot Project ofthe Committee on the Homeless for
the City of Miami Beach is an important step that will benefit the homeless within the community,
as well as the community at large. The Administration further believes that this is a vital step in the
continuation of its Continuum of Care plan for the benefit of the citizens of Miami Beach. The
Homeless Assistance Pilot Project includes components such as emergency shelter beds, outreach
activities, transportation, and others.
On March 22,2000, the Homeless Committee of the City of Miami Beach endorsed moving forward
with the Pilot Project. On March 23, 2000, the Community Affairs Committee of the City
Commission discussed the proposal and endorsed the Pilot Project as well.
The Administration requests that the Mayor and City Commission endorse this program, authorize
the issuance of the associated contracts, and authorize the City Administration to allocate General
Funds and Police Department Confiscation Funds, to fund this program.
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EXHIBIT D
AGREEMENT FOR HOMELESS ASSISTANCE SERVICES
BETWEEN THE CITY OF MIAMI BEACH, FLORIDA
AND DOUGLAS GARDENS COMMUNITY ME NT AL HEALTH CENTER
This Agreement is entered into as of this I CI 6/.. day of Ill!Jt;l , 2000, by and between
the City of Miami Beach, Florida (the "City") and Douglas Gardens Co mUlllty Mental Health Center,
(the "Provider"), located at 701 Lincoln Road, Miami Beach, FL.
WHEREAS, the City is undertaking a Homeless Assistance Pilot Program in furtherance of the
City of Miami Beach Police Department GENERAL ORDER NO. 05-98, June 3,1998: "STANDARD
OPERATING PROCEDURES FOR HOMELESS ASSISTANCE", and pursuant to Commission
Resolution No. 99-23400, December 1, 1999, attached as Exhibit A, which authorizes a reservation of
emergency shelter beds specifically for utilization by the Miami Beach Police Department for Miami
Beach homeless persons in its pilot program of homeless outreach and transportation to shelter; and
WHEREAS, Provider is currently carrying out homeless assistance outreach and case
management services within the City of Miami Beach, pursuant to its Emergency Shelter Grants
Contract with the City, and said Contract, dated October 1,1999, attached as Exhibit B hereto; and
WHEREAS, the City of Miami Beach Homeless Assistance Pilot Program requires additional
homeless outreach assistance and case management services that Provider is specially qualified and
uniquely situated to provide, both as an Emergency Shelter Grants service provider to the City and as a
qualified provider of services within Miami-Dade County, and as a participant in the Miami-Dade
County Homeless Trust's Continuum of Care system;
NOW, THEREFORE, in consideration of the mutual covenants set forth in this Agreement, the
City and Provider agree as follows:
SECTION I - SCOPE OF SERVICES
Provider agrees to provide assistance to the City, 24 hours a day, 7 days a week, by providing
qualified homeless case managers who will assist the City's police officers in engaging homeless persons
in the City of Miami Beach, that will include, but not be limited to, the following:
1. On-site contacts
Making on-site contacts with homeless persons by Provider's case managers accompanied by
City police officers;
2. Field assessments
Carrying out field assessments, in conjunction with City police officers, of the extent, nature and
characteristics of identifiable segments of the homeless population and of individuals and
groupings within that population;
3. Information for use in continuum of care services and tracking outcomes of assistance
Providing assistance to City police officers in obtaining necessary information in accordance
with the law, about the homeless persons who are engaged by the process of outreach, for the
purpose of effectuating intake into the continuum of care assistance offered by and within
Miami-Dade County, and tracking outcomes of intake and referrals;
4. Assistance in intake of homeless persons into the Salvation Army Shelter
Providing assistance in the intake and transportation of City of Miami Beach homeless persons
into the Salvation Army Emergency Shelter, 1907 Northwest 38th Street, Miami, Florida 33142,
and the utilization of shelter beds reserved for City of Miami Beach homeless, as provided for by
City of Miami Beach Resolution No. 99-23400, as well as shelter beds that may be available
under the provisions of Miami-Dade County Resolution No. R-81 0-99, dated July 13, 1999, and
attached as Exhibit C hereto, to the extent practicable;
5. Assist with medical and other treatment intakes and referrals
Assist the City with other related intakes and referrals to include mental health, chronic addition
and health, into the Miami-Dade County continuum of care system participating providers, and
into area hospitals, and with other providers that offer care and assistance.
SECTION II - METHOD OF PAYMENT
It is expressly understood and agreed that the total compensation to be paid by the City to
Provider for actual expenditures incurred during the term of the Agreement shall not exceed $40,000.
Such funds must be expended during the term of the Agreement.
1. Case managers providing services
Provider will make available to the City qualified case managers on Provider's staff to provide
homeless outreach services in accordance with this Agreement. Such case managers will be paid
by Provider for services they perform under the terms of this Agreement, at rate at which they
are compensated for case manager services by Provider, in accordance with the schedule of
Provider compensation rates attached as Exhibit D hereto, and upon submission of vouchers by
Provider to the City, City will reimburse Provider accordingly. Hourly rates for case managers
will not exceed twenty-five dollars ($25.00) an hour, unless specifically agreed to by the parties.
At the completion of each daily work shift under this Agreement, the respective case worker will
fill out a standard form that will be made available to Provider by the City, (in quadruplicate),
and provide the completed form to the City,. retaining a copy for Provider.
Once a month, Provider will submit to the City a voucher for reimbursement listing the
caseworkers that provided services, the dates and hours thereof, the applicable base rate and
overtime rate, billing appropriately.
2
2. Indirect Administrative Charge
Provider is entitled to an indirect administrative charge at the rate of five percent (5%) of billable
reimbursements under paragraph 1, above. The indirect administrative charge is to be billed
with Provider's monthly voucher for reimbursement.
SECTION III - DURATION AND EXTENT OF AGREEMENT
This Agreement is effective upon the date signed by the parties, as affixed hereafter, for a period
of four (4) months commencing May 1,2000 and ending August 31, 2000. Any future term in this
Agreement following the term set forth herein, shall be subject to the approval by the City.
SECTION IV- INDEMNIFICATION AND INSURANCE
Provider shall indemnify and hold harmless the City from any and all claims, liability, losses and
causes of action which may arise out of an act, om ission, negl igence or misconduct on the part of the
Provider or any of its agents, servants, employees, contractors, patrons, guests, clients, licensees or
invitees. The Provider shall pay all claims and losses of any nature whatsoever in connection therewith
and shall defend all suits in the name of the City, when applicable, and shall pay all costs and judgements
which may issue thereon.
The Provider, through an insurance carrier, shall provide a General Liability policy with
coverage for Bodily Injury and Property Damage, in the amount of$I,OOO,OOO single limit. The policy
must include coverage for contractual liability to cover the above indemnification. The City of Miami
Beach shall be named as additional insured. The Provider shall hold proof of Worker's Compensation
Coverage as per statutory limits of the State of Florida.
Automobile and vehicle coverage shall be required when the use of automobiles and other
vehicles are involved in any way in the performance ofthe Agreement.
The Provider shall submit to the City an ORIGINAL Certificate ofInsurance. Al insurance
companies must be rated B+VI by A.M. Best.
All insurance coverage shall be approved by the City's Risk Manager prior to the release of any
funds under this Agreement.
In the event evidence of such insurance is not forwarded to the City's Risk Manager within thirty
(30) days after the execution ofthis Agreement, this Agreement shall become null and void and the City
shall have no obligation under the terms thereof unless a written extension of this thirty (30) day
requirement is secured from the City Administration.
SECTION V - TERMINATION
The City or Provider may terminate this Agreement in whole or in part for convenience and
intent cause by either party upon ten (10) days written notification to the other.
3
SECTION VI - NOTICE
All communications relating to the day-to-day activities shall be exchanged between the Project
Manager appointed by Provider and the Project Coordinator Officer designated by the City. The
Provider's Project Manager and the City's Project Coordinator Officer shall be designated promptly
upon commencement of the Services.
All other notices and communications in writing required or permitted hereunder may be
delivered personally to the representatives of the Provider and the City listed below or may be mailed by
registered mail, postage prepaid (or airmailed if addressed to an address outside of the city of dispatch.)
Until changed by notice in writing, all such notices and communications shall be addressed as
follows:
TO PROVIDER:
Douglas Gardens Community
Mental Health Center
Attn: Rigoberto Perez
701 Lincoln Road
Miami Beach, Florida 33139
TO CITY:
City of Miami Beach Police Department
Attn: Captain Casey Conwell
1700 Convention Center Drive
Miami Beach, Florida 33139
WITH COPIES TO:
Office of the City Attorney
Attn: Murray H. Dubbin, City Attorney
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
(305) 673-7470
Notices hereunder shall be effective:
If delivered personally, on delivery; if mailed to an address in the city of dispatch, on the day
following the date mailed; and if mailed to an address outside the city of dispatch on the seventh day
following the date mailed.
SECTION VII - ENTIRETY OF AGREEMENT
This writing and the Scope of Services embody the entire Agreement and understanding between
the parties hereto, and there are no other agreements or understandings, oral or written with reference to
the subject matter hereof that are not merged herein and superseded hereby. The Scope of Services is
hereby incorporated by reference into this Agreement to the extent that the terms and conditions
contained in the Scope of Services are consistent with this Agreement, this Agreement shall prevail.
4
No alteration, change, or modification of the terms ofthis Agreement shall be valid unless
amended in writing, signed by both parties hereto, and approved by the City Commission of the City of
Miami Beach.
This Agreement shall be governed by and construed according to the laws of the State of Florida.
IN WITNESS THEREOF, the parties hereto have caused this Agreement to be executed by
their duly authorized officials on the day and date first above indicated.
ATTEST:
THE CITY OF MIAMI BEACH, FLORIDA
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