HomeMy WebLinkAboutPre-LegislationCity of Miami
Legislation
Resolution: R-14-0291
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 14-00461
Final Action Date: 7/24/2014
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, WITH CAMILLUS HOUSE, INC., TO
ESTABLISH A MAT PROGRAM, INCLUDING THE PROVISION OF MATS, NOT TO
EXCEED ONE HUNDRED (100), IN THE CAMILLUS PAVILION FOR THE NIGHTLY
USE OF HOMELESS INDIVIDUALS, ALONG WITH OTHER ASSOCIATED AND
ACCOMPANYING HOMELESS SERVICES, SUCH AS MEALS, SHOWERS,
RESTROOMS, CLOTHING EXCHANGE, ETC., FOR A PERIOD OF ONE (1) YEAR,
SUBJECT TO SAID MATS BEING EXCLUSIVELY DESIGNATED FOR THE CITY'S
HOMELESS, AND ATATOTAL COST OF $700,000.00, PAYABLE IN TWELVE (12)
MONTHLY INSTALLMENTS, AS STATED HEREIN.
WHEREAS, pursuant to Resolution No. 14-0023, adopted January 19, 2014, the City Commission
authorized the City Manager to negotiate an agreement with Camillus House for the provision of up to,
but not to exceed, one hundred (100) mats in the Camillus Pavilion for the nightly use of homeless
individuals, along with other associated and accompanying homeless services, such as meals,
showers, restrooms, clothing exchange, etc., for a period of one (1) year, subject to said mats being
exclusively designated for City of Miami's ("City's") homeless, and allocated funds in the amount of
$260,000.00; and
WHEREAS, additional funds in the amount of $440,000.00, have been, or will be, raised from other
governmental and private sources, and will be available to the City to fund the balance needed to fund
the mat program as its obligations become due, as follows:
a. $175,000.00 from the Southeast Overtown/Park West Community Redevelopment Agency;
b. $175,000.00 from the Omni Redevelopment District Community Redevelopment Agency;
c. $10,000.00 from the Downtown Development Authority (already paid to Camillus House)
d. $10,000.00 from the Omni and Midtown Redevelopment District Community
Redevelopment Agencies (already paid to Camillus House);
e. $70,000.00 from other private sources;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1, The recitals and findings contained in the Preamble to this Resolution are adopted by
reference and incorporated as fully set forth in this Section. ,
Section 2. The City Manager is authorized{1} to execute an Agreement, in substantially the
attached form, between the City and Camillus House, Inc., to establish a mat program, including the
provision of mats, not to exceed one hundred (100), in the Camillus pavilion, for the nightly use of
City of Miami Page 1 of 2 File Id: 14-00461 (Version: 2) Printed On: 5/5/2015
File Number: 14-00461 Enactment Number: R-14-0291
homeless individuals, along with other associated and accompanying homeless services, such as
meals, showers, restrooms, clothing exchange, etc., for a period of one (1) year, subject to said mats
being exclusively designated for the City's homeless, and at the total cost of $700,000.00, payable in
twelve (12) monthly installments, and said authorization conditioned upon the City's receipt or Camillus
House, Inc.'s receipt of the stated contributions from the Southeast Overtown/Park West Community
Redevelopmet Agency, the Omni Redevelopment District Community Redevelopment Agency and
from the private sources, with the deposit of said funds into a Special Revenue Fund maintained by
the City.
Section 3. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor. {2}
Footnotes :
{1} The herein authorization is further subject to compliance with all requirements that may be
imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter
and Code provisions.
{2} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days
from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective
immediately upon override of the veto by the City Commission.
City of Miami Page 2 of 2 File Id: 14-00461 (Version: 2) Printed On: 5/5/2015
CAMILLUS HOUSE MAT PROGRAM AGREEMENT
The Camillus House Mat Program Agreement (hereinafter this "Agreement"),
made and entered into on the day of , 2014, by and between the CITY OF
MIAMI, a Florida municipal corporation, whose address is 3500 Pan American Drive,
Miami, FL 33133 (hereinafter, the "CITY"), and CAMILLUS HOUSE, INC. (FEIN#:
65-0032862), a not -for -profit corporation, organized and existing under the laws of the
State of Florida, having its principal office at 1603 NW 7th Avenue, Miami, Florida
33136 (hereinafter the "PROVIDER"), states the terms and conditions agreed to by the
Parties as follows:
WITNESSETH
WHEREAS, the CITY is a party to a Settlement Agreement, as amended,
resolving a lawsuit styled, Michael .Pottinger, et al. v. City of Miami, filed in the United
States District Court, Southern District of Florida, Case No.: 88-2406-Civ-Moreno
(hereinafter the "Pottinger Settlement Agreement"); and
WHEREAS, the Pottinger Settlement Agreement limits the ability of the CITY's
Police Department to enforce certain misdemeanor criminal activity referred to therein as
"Life Sustaining Conduct" misdemeanors, committed by a "homeless person", if there is
no "available shelter"; and
WHEREAS, the CITY, in furtherance of its continuing commitment to assist
homeless persons within the jurisdictional boundaries of the City of Miami, and its desire
tocomply with the Pottinger Settlement Agreement, wishes to procure and make
available additional "available shelter" to homeless persons in the CITY's homeless
population; and
WHEREAS, the PROVIDER has the capacity to accommodate one hundred
(100) mats in its pavilion, and to provide associated services, thus creating a mat program
for the CITY; and
WHEREAS, the PROVIDER can assure that at least thirty (30) of the one
hundred (100) mats will be set -aside solely for single night use ("Pottinger mats") upon
the terms set forth herein; and
WHEREAS, the CITY has resolved pursuant to Resolution No. 14-0023, adopted
January .9, 2014, to procure one hundred (100) mats, along with associated services,
provided that 100% of the mats and the associated services procured will be used solely
for homeless persons residing within the City of Miami, upon the terms set forth herein;
and
NOW THEREFORE, in consideration of the mutual terms, conditions,
promises, and covenants hereinafter set forth, the CITY and the PROVIDER further
agree as follows:
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1. RECITALS:
The foregoing recitals are incorporated herein by reference.
2. DEFINITIONS:
The term "available shelter" is defined in this Agreement as it is defined in the
Pottinger Settlement Agreement, i,e., a shelter for a period of at least 24 hours, with a
bed, or a mat at least three inches thick, at no cost to the homeless person, that treats
homeless persons with dignity and respect, imposes • no religious requirements, and,
unless agreed to by the homeless person, does not impose involuntary substance abuse or
mental health treatment as a condition for shelter.
The term "banned individual" is defined as a homeless person not eligible for
services under this Agreement as determined in the sole discretion of the PROVIDER.
The term "Homeless Coordinator" is defined as a sworn officer of the Miami
Police Department, designated by the Chief of Police. The Homeless Coordinator shall
have the authority 'and responsibilities of a Staff Duty Officer. The Homeless
Coordinator serves as a representative from the Chief of Police who will act on the
Chiefs behalf and report back to the Chief as circumstances dictate. It is the intent of the
Homeless Coordinator assignment to ensure the responsible monitoring necessary to
carry out the terms of this Agreement and, whenever necessary, improve the overall
efficiency of the mat program. The Chief of Police will develop and issue a Standard
Operating Procedure (SOP) governing the referial of homeless persons to the mat
program by City of Miami Police Officers and City of Miami Community Outreach
Specialists (known as the "green shirts"), for the purpose of maximizing the usage of the
Pottinger and non-Pottinger mats procured at significant expense by the CITY through
this Agreement.
The term "homeless person" is defined in this Agreement as it is defined in the
Pottinger Settlement Agreement, i.e., an individual is considered a "homeless person" if
he or she "lacks a fixed, regular, and adequate night time residence and has a primary
night-time residency that is; (a) a supervised publicly or privately operated shelter
designed to provide temporary living accommodations; (b) an institution that provides a
temporary residence for individuals intended to be institutionalized; or (c) a public or
private place not designed for, or ordinarily used as, a regular sleeping accommodation
for human beings. The term `homeless person' does not include any person imprisoned
or otherwise detained pursuant to an Act of Congress or a state law." 42 U.S.C. §11301,
et seq. (1994). An officer is allowed to make reasonable inquiry to make this
determination. Furthermore; as modified in the A.d.denduin to the Pottinger Settlement
Agreement, any person identified as a registered sex offender under section 775.21 Fla.
Stat., or sexual predator under section 775.215, Fla. Stat., or Sections 21 -277 to 21-
21285, Miami -Dade County Code,' is excluded from the definition of a "homeless
person".
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The term "mat" is defined in this Agreement as a cushioned mat, measuring at •
least three (3) inches in thickness.
The term "mat program" is defined as the one hundred (100) mats, and associated
services, procured by the CITY from the PROVIDER,to be used as temporary shelter,
which meet the requirements of "available shelter" under the Pottinger Settlement
Agreement, located at the PROVIDER's facility in the pavilion for the sole use of
homeless persons who are residents of the City of Miami, who are referred exclusively by
City of Miami Community Outreach Specialists and/or City of Miami Police Officers
pursuant to the terms of this Agreement.
The term "non-Pottinger mat" is defined in this Agreement as a mat available as
"available shelter", for a period longer than 24 hours.
The term "participant" shall mean a homeless person who has been referred into
the mat program.
The term the "Parties" is defined as the CITY and the PROVIDER.
The term "perimeter" is defined as the buffer zone running along the private
property line of the facility and extending 100 feet into the public right-of-way (including
streets, sidewalks and swales).
The term "Pottinger Inat" is defined in this Agreement as a mat available on a
daily basis, as a form of temporary "available shelter", which, after being occupied for a
24 hour period, shall then be vacated the following morning at 7:00 a.m., and made
available for new referrals. These mats shall be set aside by the PROVIDER for referral
of homeless persons by the City of Miami Police Officers, in order to facilitate
enforcement of certain misdemeanor criminal activity referred to as "Life Sustaining
Conduct Misdemeanors" as defined in the Pottinger Settlement Agreement.
3. PURPOSE:
The purpose of this Agreement is to establish a mat program, with one hundred
(100) mats located under the pavilion structure of its Norwegian Cruise Line Campus of
Camillus House, 1603 NW 7th Avenue, Miami, Florida 33136 (hereinafter "the facility"),
ensuring a safe sleeping accommodation for the homeless persons served, meeting the
requirements of "available shelter" under the Pottinger Settlement Agreement, including
associated services described .below, and which allows for the referral of homeless
persons 24 hours per day, 7 days per week, throughout the term of this Agreement, and
available to both male and female homeless persons.
4. TERM
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The term of this Agreement shall be for a period of one (1) year, commencing on
August 1, 2014, and expiring on July 31, 2015, unless terminated earlier as provided in
this Agreement. Unless earlier terminated as provided in paragraph 22, at the sole option
of the CITY (but only with prior City Commission approval), this Agreement may be
extended annually, from year-te-year, for future one (1) year periods, by the CITY giving
thirty (30) days notice in writing to the PROVIDER prior to the arival July 31st
expiration date, (i.e., by the CITY giving written notice to the PROVIDER by June 30t)
5. COST
The maximum annual amount payable by the CITY to the PROVIDER for the
mat program shall not exceed $700,000.00. This amount is payable in twelve (12)
monthly installments of $58,333.33 each.' Monthly installments are due on the first of
each month commencing June 1, 2014, unless this Agreement is terminated, as otherwise
provided in this Agreement, before any monthly due date.
6. SERVICES
PROVIDER shall provide associated services to homeless persons referred to the
mat program which will include, but are not limited to:
a. Assigned mats which are cleaned and sanitized daily for overnight stay,
located iri an open-air pavilion structure with roof;
b. Up to three (3) meals a day;
c. Basic case management, information, and/or referral to ancillary services
(i.e., independent living skills preparation, etc.);
d. Access to basic health, substance abuse, and/or mental health screening on
a voluntary basis;
e. Participation in the other routine services of the Camillus House Day
Center program., including but not limited to, access to: showers, clothing
exchange, toilet facilities, mail room, library, computers, electrical outlets,
telephones, socialization, and other recreational activities;
f. At the PROVIDER's discretion, the following other services may be
offered without cost to the homeless person: Assistance to receive
entitlement benefits (i.e., SSI, VA, TANF, Medicaid and other
entitlements), referral to educational, recreational and vocational services
as appropriate, and referral to transitional and/or advanced care housing;
g. The PROVIDER warrants that the following amenities and services will.
be provided to homeless persons referred to the mat program:
i. Space sufficient to accommodate 100 mats under the covered pavilion;
ii. Organized sleeping arrangements;
iii. Personnel employed by PROVIDER that shall provide necessary care;
1 The parties acknowledge that the Downtown Development Authority and the Omni Community
Redevelopment Agency, have already each paid the sum of $10,000 to the PROVIDER to fund the Mat
Program, and that therefore the CITY's 15t and 2"d payments due under this Agreement shall be reduced by
$10,000 each,
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iv. Functioning restrooms;
v. Electricity to provide light;
vi. A potable water source or space to accommodate water;
vii. Staff personnel adequate to maintain a safe environment at the facility;
viii. Adequate supplies necessary to comply with all terms of this
Agreement;
ix. Appropriate medical care and supplies when necessary, and within the
scope of PROVIDER's competence, in its sole discretion;
x, A dog kennel;
xi. Personnel property storage; and
xii, Basic personal hygiene products available at no cost, such as soap,
shampoo, tooth paste, toothbrush etc.
7. MEDICAL
It is the responsibility of the PROVIDER's staff to recognize if a homeless person
has a serious medical condition requiting attention and/or if there is a medical
emergency. In either case, PROVIDER's staff shall dial 9-1-1 to request rescue services,
8. SIGN
The PROVIDER shall erect and/or post a sign in a conspicuous place within the
facility, in sight of the pavilion, listing PROVIDER' s general rules and items that are
prohibited to possess throughout the facility.
9. INCLEMENT WEATHER
In the event of an approaching or occurring cold weather front, equal to or less
than 50 degrees Fahrenheit, PROVIDER will make indoor space available in its facilities
to accommodate the occupants of the Pottinger mats, should they request it, until the
temperature rises about 50 degrees. For the occupants of non-Pottinger mats, the
PROVIDER shall provide a safe heated setting in its pavilion structure. In the event of
severe rain and wind conditions, including but not limited to, tropical depressions,
tropical storms, and hurricanes, at the time that an official storm `watch' is issues by the
National Hurricane Center, PROVIDER will make indoor space available in its facilities'
to accommodate the mat program and associated services.
10. HOMELESS COORDINATOR/PROVIDER LIAISON
Referral of homeless persons to the mat program shall be coordinated by the
Homeless Coordinator. The Homeless Coordinator shall be considered "the gatekeeper"
of the Pottinger mats. The Homeless Coordinator, at his or her sole discretion, may
propose any suggestion and/or institute any adjustments to the City's protocol for
referring homeless persons to the mat program, if deemed necessary to achieve the
purposes of the Pottinger Settlement Agreement. •
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The PROVIDER shall designate one of its own employees to serve as a contact
person (hereinafter the. "Provider Liaison") whose responsibility will include providing
the Homeless Coordinator with updated availability counts for non-Pottinger mats and.
Pottinger mats when requested, an updated list of banned individuals when requested, and
other duties as specified in this Agreement.
11. COMMUNITY OUTREACH SPECIALIST
With the prior permission of the Homeless Coordinator, City of Miami
Community Outreach Specialists will have access to the mat program for the purpose of
referring homeless persons meeting the criteria for Pottinger placement,
12. TRANSFERS
The PROVIDER may offer a homeless person referred to the mat program the
option to be voluntarily transferred into a more structured shelter envirorunent or
program, as long as the placement is with the consent of the homeless person being
transferred out of the mat program. Any consenting homeless person transferred out of
the mat program will not be considered governed by this Agreement. If a homeless
person expresses the desire to be voluntarily transferred into a more structured shelter
program operated by any homeless assistance entity, the homeless person may occupy a
"non-Pottinger mat" for up to thirty (30) days while waiting for the transfer to become
available, su.bject.to being extended, if requested by the PROVIDER, and approved by
the Homeless Coordinator.
13. EXCLUSIVE USE
• The PROVIDER understands that all one hundred (100) mats in the mat program
are for sole use by the CITY pursuant to the terms of this Agreement in consideration for
CITY' s monthly payments referenced herein, Accordingly, PROVIDER shall not Use
• any of the mats in the' mat program as an extension of PROVIDER's other shelter
program(s), and shall not collect any fees from a homeless person occupying a mat, or
collect any money from another source for use of any mat. Furthermore, the use of any
mat shall not be sold, 'given, or granted to any third person or entity during the term of
this Agreement. Similarly, the space available in the pavilion is exclusively for the use of
the mat program,
14. INFORMATION DATABASE
The PROVIDER shall maintain a computer database 'containing information
pertaining to each homeless person placed into the mat program as follows:
a. The computer database must contain basic identifying information such the
individual's name, date of birth, Social Security Number, height, weight,
ethnicity, hair color and type, gender, scar or tattoos , Driver's License number or
Identification Card and state of issue or any other picture identification, date
Page 6 of 14
placed in mat program, number of times placed in mat program with all dates,
indicate whether homeless person occupies a Pottinger mat or a non-Pottinger
1nat, whether the homeless person is a `banned individual' from shelter, and
whether the individual was voluntary placed into more permanent shelter. The
data entry shall also include the name and IBM number of the officer from the
City of Miami Police Department who referred the homeless person to the mat
program, and the name and IBM number , of the officer who transported the
homeless person (if different from referral officer;), or the name and employee
number of the City of Miami Community Outreach Specialist who transported the
homeless person to the facility.
b. The PROVIDER shall make any and all , records created pertaining to the mat
program, including all computer database information, in searchable format,
organized, available for print in spreadsheet format, and available to the Homeless
Coordinator upon request.
c. The PROVIDER must maintain and update their list of homeless persons who are
banned individuals. The PROVIDER shall make any and all current and active
lists of banned individuals from the mat program available to the Homeless
Coordinator upon request. Thelist of banned individuals must contain the banned
individual's name, date of birth, sex, and duration of ban from the mat program.
PROVIDER shall keep and maintain any records or lists of banned individuals for
a period of no less than five (5) years.
15. INTAKE INFORMATION FORM
The PROVIDER shall complete an internal Camillus House 'Mat Program Intake
Information Form' whenever a homeless person is placed in the mat program which shall
be filed and maintained at PROVIDER's facility:
a. The Mat Program Intake Information Form shall consist of all information
required to be maintained in the information database required herein.
Additionally, the form must include an entry to memorialize whether the
homeless person's personal property was secured by `Camillus House' or `Other'
entity with a blank space to make a notation of the entity that secured the personal
property.
b, Each Mat Program Intake Information Form shall list the PROVIDER' s general
rules and prohibited items.
c. The Mat Program Intake Information Form should be signed and dated by the
homeless person to be placed into the mat program but is not mandatory as a
condition for placement in the mat program. Should the homeless person refuse
to sign the Mat Program Intake Inforxmation Form, the PROVIDER's staff
member shall note `REFUSAL' on the signature space provided.
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d. The 'case card' provided by the referring or transporting City of Miami police
officer must be affixed to the Mat Program Intake Information Form and kept
attached to the form for the length of time the form is stored.
e. The PROVIDER shall make any and all Mat Program Intake Information Forms
completed pertaining to the mat program available to the Homeless Coordinator
upon request,
f. PROVIDER shall keep and maintain all Mat Program Intake Information Forms
for a period of no less than five (5) years.
16. ADMISSION INTO THE MAT PROGRAM
Only a City of Miami Police Officer and/or a City of Miami Community Outreach
Specialist can place a homeless person into the mat program, Homeless persons referred
to the mat program will be given a 'case card' by the referring or transporting City of
Miami Police Officer, The `case card' shall include the officer's name and IBM number,
Without the possession of a 'case card' at the facility's intake desk, PROVIDER's staff
members are prohibited from accepting the homeless person into the mat program.
The PROVIDER shall not permit placement of any homeless persons into the mat
program:
a. Unless the Camillus House Mat Program Intake Information form has been
completed;
b. If the homeless person is a sexual offender;
c. If the homeless person is a sexual predator;
d. If the homeless person has any type of active/open warrant(s); or
e. If the homeless person is on PROVIDER's list of banned individuals.
Except for those occupants of the Pottinger mats who have not exceeded their
minimum 24 hour stay, the PROVIDER shall reset the Pottinger mats each day. at 7:00
a.m. at which time, the PROVIDER' s staff members shall notify the occupants of the
Pottinger mats, who have exceeded their 24 hour stay, that their ability to occupy the mat
has expired. Each homeless person, who vacates the facility at 7:00 a.m., each day, shall
not return unless referred back into the mat program with a new 'case card' issued by a
Miami Police Officer.
Unless advised otherwise by the Homeless Coordinator by 7:00 a.m. on any day,
• the PROVIDER shall always allocate no less than thirty (30) Pottinger mats on a daily
basis, Depending on the needs of the CITY on any given day, the Homeless Coordinator
may contact the Provider Liaison to reserve and allocate an additional or lesser number of
Pottinger mats. To that end, the Provider Liaison shall provide the Homeless Coordinator
with a spreadsheet, via electronic mail at 11:00 a.m. and at 7 p.m. daily, advising of
availability pursuant to mat count of available non-Pottinger mats and available Pottinger
mats.
17. SAFETY OF FACILITY AND SURROUNDING AREAS
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The PROVIDER shall keep the 'streets and sidewalks surrounding the facility and
the perimeter of the facility clear of any individuals, whether homeless persons or not,
from congregating and/or loitering. The PROVIDER shall undertake the responsibility of
making certain that only those homeless persons who are participants in the mat program,
or are otherwise clients of PROVIDER or its affiliated health clinic, are allowed to enter
and to remain at the facility. In addition, the PROVIDER agrees to the following
conditions;
.a. PROVIDER shall, through the promulgation of its rules, seek to enforce a 10:00
p.m. to 7:00 a.m, curfew on participants of the mat program, meaning that: (a)
participants occupying non-Pottinger mats may come and, go from the facility
between 7:00 a.m. and 10:00 p.m., but are required to remain in the facility
between 10:00 p.m. and 7:00 a.m.; (b) participants occupying Pottinger mats must
be advised of the requirement to remain in the facility from the time of their
referral until 7:00 a.m. - the violation of this facility rule by a mat program
participant two (2) times within a thirty (30) day period shall cause the
PROVIDER to add the violator to its list of banned individuals for a minimum of
sixty (60) days;
b. PROVIDER shall provide food and services under this Agreement only to those
individuals who are participants in mat program;
c. PROVIDER shall post "No Loitering within 1000 feet" signs on the perimeter of
the facility;
d. PROVIDER shall ensure that no mat program participant who leaves the facility
during. the period 7:00 a.m. until 10:00 p.m., loiters or congregates within 1,000
feet of the facility - a participant's violation of this facility rule two (2) times
within a thirty (30) day period shall cause the shall cause the PROVIDER to add
the violator to its list of banned individuals for a minimum of sixty (60) days,
e. PROVIDER shall prohibit alcohol; drugs, fighting, and all • threatening or
potentially violent behavior - a participant's violation of this facility rule shall
cause the PROVIDER to add the violator to its list of banned individuals;
f. PROVIDER shall employ, to patrol the facility and its surrounding areas, and to
keep the perimeter clear: (i) at least one (1) off -duty City of Miami police officer
between 6:45 a.m. to 8:45 a.m., each day; and (ii) a security guard for those hours
not patrolled by an off -duty officer.
g. PROVIDER shall maintain an adequate number of trash receptacles;
h. PROVIDER shall maintain the facility in pristine condition, and routinely police
the perimeter of the property, no less than, twice daily, to make sure no litter or
•unattractive conditions exist.
18. HOMELESS PERSON WITH DISABILITY
The PROVIDER shall make the appropriate accommodations necessary for any
and all homeless persons with disabilities who are referred to the mat program in
compliance with the Americans with Disabilities Act.
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19. ELIGIBILITY
The PROVIDER understands that mat program shall be open to any horeless
person residing within the jurisdictional boundaries of the City of Miami, and who is .
placed in the mat program by an Miami Police Officer, who meets the criteria under the
Pottinger Settlement Agreement, and who is at least 18 years of age or older. Under no
circumstances may a homeless person transported from another jurisdiction (e.g,, from
outside the City of Miami), or transported from another shelter facility (within our
outside the City of Miami), be permitted to participate in the mat program.
20.. ° DEFAULT
If PROVIDER fails to comply with any term or condition of this Agreement, or
fails to perform any of its obligations hereunder, after written notification by CITY, then
PROVIDER shall have ten (10) days to cure violation. If after the cure period the
condition persists or PROVIDER continues to fail in complying 'with any term or
condition of this Agreement, or fails to perform any of its obligations hereunder, then
PROVIDER shall be in. default. Upon the occurrence of a default hereunder the CITY, in
addition to all remedies available to it by law, may immediately, upon written notice to
PROVIDER, terminate this Agreement. Upon termination; the CITY no longer has the
obligation to make the monthly payments to the PROVIDER, and the previous monthly
payment shall be refunded by the PROVIDER to the CITY on a prorate basis based on
the date of termination. For example, if termination occurs on the 2nd of the month, then
29/30 of the monthly payment made on the 1st of the month shall be refunded to the
CITY by the PROVIDER. PROVIDER understands and agrees that termination of this
Agreement under this section shall,not release PROVIDER from any obligation accruing
prior to the effective date of termination.
21. RESOLUTION OF CONTRACT DISPUTES
Any disputes among the parties, shall be resolved as follows. In the event of a
dispute, the parties shall use their best efforts to informally resolve their dispute, If the
parties cannot. informally resolve the dispute, either party may request non -binding
mediation, which mediation shall be attended by representatives of both parties with a
certified mediator chosen by the parties. If the mediator declares an impasse, after a full -
day of mediation, either party may then demand binding arbitration. The arbitration shall
be conducted under the AAA Commercial Rules, and the arbitration panel shall be
composed of a single arbitrator. The arbitration shall be held in Miami, Florida. The
parties expressly waive their right to litigate their disputes in court.
22. TERMINATION RIGHTS
The CITY shall have the right to terminate this Agreement, in its sole discretion.,
at any time, by giving written notice to PROVIDER at least forty-five (45) days prior to
the effective date of such termination. Any monthly payment due following notice of
termination shall be prorated on a daily basis, if the remaining time is less than one
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month. In no event shall the CITY be liable to PROVIDER for any additional
compensation, other than that provided herein, or for any consequential or incidental
damages. PROVIDER shall have the right to terminate this Agreement, in its sole
discretion, at any time, by giving written notice to the CITY at least forty-five (45) days
prior to the effective date of such termination.
23. NOTICE
It is understood and agreed amongst the Parties that written notice shall be mailed
or hand delivered to the addresses set forth below, and shall be deemed to have been
served and given (the "effective date"): (a) if delivered by hand, to the address listed
below, on the date received; or (b) if delivered by U.S. Mail, and sent by certified mail,
return receipt requested, on the date received. The Parties designate the following
addresses for notice:
FOR CITY OF MIAMI:
Daniel J. Alfonso
City Manager
3500 Pan American Drive
Coconut Grove, FL 33133
FOR CAMILLUS HOUSE, INC„
Dr. Paul Ahr
President and CEO
1603 NW 7th Avenue
Miami, FL 33136
Either party may at any time designate a different address and/or contact person
by giving written notice as provided above to the other party. Such notices shall be
deemed given upon receipt by the addressee.
24. OWNERSHIP OF DOCUMENTS
PROVIDER understands and agrees that any information, document, report or
any other material whatsoever, including but not limited to database records and/or Intake
Forms, or which is otherwise obtained or prepared by PROVIDER pursuant to or under
the terms of this Agreement is and shall at all times remain the property of the CITY.
PROVIDER agrees not to use any such information, document, report or use such
material for any other purpose whatsoever without the written consent of CITY, which
may be withheld or conditioned by the CITY in its sole' discretion.
25. AUDIT AND INSPECTION RIGHTS
The CITY may, at reasonable times, and for a period of up to five (5) years
following the date of final payment by the CITY to PROVIDER under this Agreement,
audit, or cause to be audited, those books and records of PROVIDER which are related to
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PROVIDER's performance under this Agreement. PROVIDER agrees to maintain all
such books and records at its principal place of business for a period of five (5) years
after final payment is made under this Agreement.
The CITY may, at reasonable times during the term hereof, inspect PROVIDER's
facilities and perform such tests, as the CITY deems reasonably necessary, to determine
whether the goods or services required to be provided by PROVIDER under this
Agreement conform to the terms hereof, if applicable. PROVIDER shall make available
to the CITY all reasonable facilities and assistance to facilitate the performance of tests or
inspections by CITY representatives. All tests and inspections shall be subject to, and
made in accordance with, the provisions of Section 18-55.2 of the Code of the City of
Miami, Florida, as same may be amended or supplemented, from time to time.
26. PUBLIC RECORDS
PROVIDER understands that the public shall have access, at all reasonable times,
to all documents and information pertaining to CITY contracts, subject to exemptions of
disclosure under applicable law (e.g., Social Security Number, Driver's License Number,
etc.), and the provisions of Chapter 119, Florida Statutes, and agrees to allow access by
the CITY and the public to all documents subject to disclosure under applicable law.
PROVIDER' s failure or refusal to comply with the provisions of this section shall result
in the immediate cancellation of this Agreement by the CITY.
27. INTEGRATION CLAUSE
This Agreement incorporates and includes all prior negotiations, correspondence,
conversations, agreements, and understandings, applicable to the matters contained herein,
and the Parties agree that there are no commitments, agreements or understandings
concerning the subject matter of this Agreement that are not contained in this document.
Accordingly, the Parties agree that no deviation from the terms hereof shall be predicated
upon any prior representations or agreements, whether oral or written.
28. NO THIRD PARTY BENEFICIARIES
There are no express or implied third party beneficiaries to this Agreement. No
homeless persons who may obtain shelter or services under this Agreement shall be
considered as a third party beneficiary.
29. ASSIGNMENT
This Agreement shall not be assigned by PROVIDER, in whole or in part, without
the prior written consent of the CITY (by resolution of the City Commission), which may
be withheld or conditioned, in the CITY's sole discretion.
30. AMENDMENTS
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Any alterations, amendments, variations, modifications; extensions or waivers of
provisions of this Agreement shall only be valid when they have been reduced to writing,
duly approved and signed by all Parties hereto. Approval of any amendment, alteration,
variation, modification, extension or waiver of provisions by the CITY can only be
effected by duly enacted resolution of the City Commission.
31. AUTONOMY & INDEPENDENCE
The Parties agree that this Agreement does not create or recognize any
partnership, joint venture, or any other kind of organizational relationship among the
Parties hereto. Each Party hereto acknowledges the independence and autonomy of the
other Party hereto.
32. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS
PROVIDER understands that agreements between private entities and local
governments are subject to certain laws and regulations, including laws pertaining to
public records, conflict of interest, record keeping, etc. CITY and PROVIDER agree to
comply with and observe all applicable federal, state and local laws, rules, regulations,
codes and ordinances, as they may be amended from time to time.
33. MISCELLANEOUS PROVISIONS
a. This Agreement shall be construed and enforced according to the laws of
the State of Florida.
b. Title and paragraph headings are for convenient reference and are not a
part of this Agreement,
c. No waiver or breach, of any provision of this Agreement shall constitute a
waiver of any subsequent breach of the same or any other provision
hereof, and no waiver shall be effective unless made in writing.
d. Should any provision, paragraph, sentence, word or phrase contained in
this Agreement be determined by a court of competent jurisdiction to be
invalid, illegal or otherwise unenforceable under the laws of the State of
Florida or the City of Miami, such provision, paragraph, sentence, word or
phrase shall be deemed modified to the extent necessary in order to
conform with such laws, or if not modifiable, then same shall be deemed
severable, and in either event, the remaining terms and provisions of this
Agreement shall remain unmodified and in full force and effect or
limitation of its use.
e. It is agreed that this Agreement was the product of arms length give-and-
take negotiation, and that its terms were drafted jointly, such that if
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construction of any term is necessary, it shall not be construed for or
against either party as the drafter,
IN WITNESS HEREOF THE PARTIES HERETO TO HAVE CAUSED TO BE
EXECUTED BELOW THE SIGNATURES OF THE AUTHORIZED
REPRESENTATIVES OF THE PARTIES HERETO WHO ARE FULLY AND
DULY AUTHORIZED TO EXECUTE THIS AGREEMENT ON BEHALF OF
THE RESPECTIVE PARTIES HERETO:
CITY OF MIAMI
DANIEL J. ALFONSO
CITY MANAGER
CITY OF MIAMI, FLORIDA
DR. PAUL AHR
PRESIDENT & CEO
CAMILLUS HOUSE, INC.
Date: Date:
Attest:
TODDB.HANNON
CITY CLERK
CITY OF MIAMI, FLORIDA
APPROVED AS TO FORM
AND CORRECTNESS:
VICTORIA MENDEZ vv2
CITY ATTORNEY
CITY OF MIAMI, FLORIDA
APPROVED AS TO INSURANCE
REQUIREMENTS:
ANN-MARIE SHARPE
RISK MANAGEMENT
CITY OF MIAMI, FLORIDA
456031
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