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HomeMy WebLinkAboutExhibit 1AGREEMENT THIS AGREEMENT is made and entered into this day of 2005 by and between Miami -Dade County, a political subdivision of the State of Florida, through the Miami -Dade County Homeless Trust (hereinafter referred to as the "COUNTY") and The City of Miami (hereinafter referred to as the "PROVIDER") commencing on October 1, 2005 and expiring on September 30, 2006. WITNESSETH: WHEREAS, the COUNTY desires to obtain emergency hotel/motel placement for homeless persons participating in the outreach and placement program of the County; and WHEREAS, the PROVIDER is qualified to provide such referral and placement services; NOW, THEREFORE, in consideration of the promises and the mutual covenants herein contained, and ten dollars ($10.00) hereby received and acknowledged as of the day first written above, the parties hereto agree as follows: ARTICLE ONE Responsibilities of the Provider The PROVIDER shall: 1. Adhere to minimum standards of housing and services as set forth in Attachment A, "Standards of Care," and incorporated here by reference. The PROVIDER shall also be responsible for the delivery of services as defined in the "Scope of services, Attachment Al", and incorporated herein by reference, to include, but not limited to, the following: .11) OS 1 1. Emergency Hotel / Motel Placements of Homeless Families a. Refer and Place eligible Homeless Families in area Hotels / Motels. Area Hotels/Motels shall be chosen by the PROVIDER following solicitation of written bids from area hotels. Eligible Homeless Families are families who are unable to be placed into emergency /other housing due to the unavailability of beds within the Homeless Continuum of Care, as determined by the PROVIDER. b. Homeless Families may be placed in the above referenced placements for a maximum of 7 days. Outreach Teams must aggressively work toward moving families into the Homeless Continuum of Care within this period. 2, Arrangements for Food Food arrangements via the PROVIDER should be made via In -kind, or other resources. In the event In -kind resources are unavailable, food vouchers may be provided to families in the amount of $20.00 per diem while residing in the above referenced placements. Families with more than 4 people may be provided an additional $5.00 per person per day. 3. Documentation a. PROVIDER will keep well maintained, daily documentation of all services provided to each Homeless Family. b. PROVIDER shall provide copies of all bids from area hotels/motels and copies of agreements with any area hotels/motels , These shall serve as the basis for reimbursement for hotel/motel expenses under this agreement. c. PROVIDER will collect and submit to the County on a monthly basis all receipts for Hotel/Motel services and Food Vouchers. These receipts will 2 be submitted as back-up documentation in addition to daily client sign in sheets for Hotel placement and signed client receipt(s) for Food Vouchers. These documents will be attached to monthly invoices on a form acceptable to the County, which shall be submitted to the County no later than the 15th of each month for the prior month's services. 4. Upon placement of Homeless family into Continuum of Care all standards / conditions applicable to Outreach Assessment and Placement as specified in U.S. HUD sub -recipient agreement for outreach services apply. ARTICLE TWO Terms of Payment by the County The COUNTY shall pay the PROVIDER a sum not to exceed $25,000 for the services described in Article I, above as proposed in the "Proposed Program Budget, Attachment B. The County shall reimburse the Provider on a monthly basis. No payment shall be made to the provider for invoices without accompanying receipts and other documentation, as specified in Article One, 3(a),(b), and (c). ARTICLE THREE Indemnification and Insurance Insurance Government Entities — If the PROVIDER is the State of Florida or an agency or political subdivision of the State as defined by Section 768.28, Florida Statutes, the PROVIDER shall furnish the County, upon request, written verification of liability protection in accordance with Section 768,28, Florida Statutes. Nothing herein shall be construed to extend any party's liability beyond that provided in Section 768.28, Florida Statutes. Non -Government Entities - The successful Applicant shall furnish to Miami - Dade County, c/o Risk Management Division, 111 N.W. 1st Street, Suite 2340, Miami, Florida 33128-1989, Certificates of Insurance, which indicate that insurance coverage has been obtained which meets the requirements as outlined below: 3 • Workers Compensation Insurance for all employees of the provider as required by Florida Statue 440. • Public Liability Insurance on a comprehensive basis in an amount not less than $300,000 combined single limit per occurrence for bodily injury and property damage. Miami -Dade County must be shown as an additional insured with respect to this coverage. • Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with the work, in an amount not Tess than $300,000 single limit per occurrence for bodily injury and property damage. The insurance coverage required shall include those classifications, as listed in standard liability insurance manuals, which most nearly reflect the operations of the Applicant. All insurance policies required above shall be issued by companies authorized to do business under the laws of the State of Florida, with the following qualifications: The company must be rated no Tess than "B" as to management, and no less than "Class V" as to financial 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 County Risk Management Division. OR The company must hold a valid Florida Certificate of Authority s shown in the latest "List -of -All -Insurance Companies -Authorized or Approved to Do Business in Florida," issued by the State of Florida Department of Insurance and are members of the Florida Guaranty Fund. Certificates will indicate that no modification or change in insurance shall be made without thirty (30) days written advance notice to the certificate holder. Indemnification a) Non -Government Entities: The PROVIDER shall indemnify and hold harmless the COUNTY and its past, present, and future employees and agents from and against any and all claims, liabilities, losses, and causes of action which may arise out of the actions or negligence, in whole or in part, of the PROVIDER, its officers, agents, employees, or assignees in the direct or indirect fulfillment of this Agreement. The PROVIDER shall pay all claims and losses of any nature in connection therewith, and shall defend all suits, in the name of the COUNTY when applicable, and shall pay all costs and judgments which may issue thereon. It is expressly understood and intended that the PROVIDER is an independent contractor and is not an agent of the COUNTY. b) Government Entities: If the PROVIDER is a Government entity, then it shall indemnify and hold harmless the County and its officers, employees, 4 agents and instrumentalities from any and all liability, losses or damages, including attorney's fees and costs of defense, which the County or its officers, employees, agents or instrumentlities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of this Agreement by the Government entity or its employees, agents, servants, partners, principals, or subcontractors. Government .entity shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the County, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may issue thereon. Provided, however, this indemnification shall ony be to the extent and within limitations of Section768.28, Fla. Statute, subject to the provisions of that Statute whereby the Government entity shall not be held tliable to pay an personal injury or property damage claim or judgement or potions thereof, which exceeds the sum of $100,000, or any claim or judgement or portion thereof, which, when totaled with all other claims or judgement paid by the Government entity arising out of the same incident or occurance, exceed the sum of $200,000 from any and all personal injury or property damage claims, liabilities, losses or causes of action which may arise as a result of the neglligence of the government entity. ARTICLE FOUR Professional Independence of the Provider It is understood and agreed that the PROVIDER is not an agent, employee or representative of the COUNTY, nor does it have authority to act on behalf of the COUNTY or any of its agencies. The PROVIDER is, and shall remain, an independent professional with respect to all services performed under this AGREEMENT. No partnership relationship between the COUNTY and the PROVIDER is created or intended by the AGREEMENT. No associate or employee of the PROVIDER will be deemed to be an employee of the COUNTY for any purposes whatsoever. ARTICLE FIVE Assignment This is a contract for unique services and the PROVIDER'S obligations hereunder are not assignable. The PROVIDER shall not assign, transfer, pledge, hypothecate, 5 surrender, or otherwise encumber or dispose of any portion of any portion of same, without the prior written consent of the COUNTY. ARTICLE SIX Cancellation or Termination Either party shall have the right to terminate this AGREEMENT, in whole or in, part, upon 30 calendar days prior written notice by registered mail. ARTICLE SEVEN Conflict of interest The PROVIDER agrees to abide and be governed by Dade County Ordinances which may have a bearing on the services involved in this AGREEMENT, including, but not limited to, Ordinance No. 72-82 (Conflict of Interest Ordinance), as amended. Copies of the Ordinances will be furnished to the PROVIDER upon request. ARTICLE EIGHT Modifications This AGREEMENT may not be altered, changed or modified except by or with the written consent of the COUNTY. 6 In WITNESSS WHEREOF, the parties have caused this AGREEMENT to be executed by their respective and duly authorized officers the day and year first above written. By: By: Witness Signature ATTEST: Print Name & Title MIAMI-DADE COUNTY A political subdivision of the State of Florida HARVEY RUVIN, CLERK By: By: Deputy Clerk George M. Burgess County Manager Date: Approved as to form and legal sufficiency: 7