Loading...
HomeMy WebLinkAboutExhibit 1AGREEMENT THIS AGREEMENT is made and entered into this day of 2006 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 January 1, 2006 and expiring on December 31, 2006. WITNESSETH: WHEREAS, the COUNTY, through the Miami -Dade County Homeless Trust is desirous of collaborating with the Miami Coalition for the Homeless in assisting The City of Miami with its efforts to better coordinate the feeding of homeless persons by Churches, Synagogues, other places of worship, community organizations, and interested parties in The City; and WHEREAS, the COUNTY, through the Miami -Dade County Homeless Trust Board has approved $13,500 in Food and Beverage Tax proceeds to fund up to 50% of the personnel cost of a full-time Community Liaison/Feeding Coordinator that will oversee the feeding efforts on behalf of The City; and WHEREAS, the PROVIDER is qualified to provide such oversight; 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: 1 ARTICLE ONE Responsibilities of the Provider The PROVIDER shall: 1. Work with the Miami Coalition for the Homeless and the Miami -Dade County Homeless Trust to coordinate feeding programs for the homeless in The City of Miami to ensure feeding is conducted in a clean, convenient and humane environment. The Community Liaison/Feeding Coordinator shall develop and maintain a list of all organizations participating in the feeding program; develop, maintain, and distribute a feeding schedule to all participating organizations and homeless individuals no later than 30 days prior to the end of each quarter; distribute correspondence as needed to participating organizations; and ensure the coordination of outreach activities at the feeding sites on a regular basis. Documentation 2. a PROVIDER shall compile and submit to the County on a monthly basis, a request for reimbursement of up to $1,125 per month to cover up to 50% of the cost of the Community Liaison/Feeding Coordinator position. b. The PROVIDER shall also submit an a monthly basis to the Homeless Trust, a list of all feeding sites, a schedule of all participating organizations for the month, a record of all outreach teams participating in the feeding program during the month, a report of the number of homeless individuals receiving food, services, and an enumeration of those placed into residential homeless programs via this effort. 2 ARTICLE TWO Terms of Payment by the County The COUNTY shall pay the PROVIDER a sum not to exceed $13,500 for personnel costs associated with the Community Liaison/Feeding Coordinator, as specified in Article I, above as proposed in the "Proposed Program Budget, Attachment A. The County shall reimburse the Provider on a monthly basis. No payment shall be made to the provider for invoices without accompanying documentation as specified in Article One, 2(a) and (b). 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: • 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 less than $300,000 single limit per occurrence for bodily injury and property damage. 3 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 • less than "B" as to management, and no Tess 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-andits 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, 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 4 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. N.o 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, surrender, or otherwise encumber or dispose of any portion of any portion of same, without the prior written consent of the COUNTY, 5 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