HomeMy WebLinkAboutExhibit - AgreementSHELTER PROGRAM AGREEMENT BETWEEN
THE CITY OF MIAMI
AND
CAMILLUS HOUSE, INC.
The Shelter Program Agreement between the City of Miami and Camillus House
(hereinafter, this "Agreement"), made and entered into on the 1 st day of October, 2016, 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 7t" 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 ofMiami, 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
to comply with the Pottinger Settlement Agreement, wishes to procure and make available
shelter beds to homeless persons in the CITY's homeless population; and
WHEREAS, the PROVIDER has the capacity to accommodate seventy-five (75)
beds in one or more of its facilities and to provide associated services, thus creating a
distinct program for the CITY; and
WHEREAS, the PROVIDER can assure CITY the availability of at least ten (10)
beds per day, for single night use, to be utilized as a Pottinger bed' 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:
1. RECITALS:
The foregoing recitals are incorporated herein by reference.
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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
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. The Chief of Police will develop and issue a Standard Operating Procedure
(SOP) governing the referral of homeless persons to the 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 beds 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 Addendum 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".
The term City of Miami Shelter Program (hereinafter, the "Program") is defined
as the seventy-five (75) beds, 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 one of the PROVIDER's
facilities 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.
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The term "non-Pottinger bed" is defined in this Agreement as a bed 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 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 bed" is defined in this Agreement as a bed 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 beds 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 maintain the City of Miami Shelter Program,
with seventy-five (75) beds, with the capacity of accommodating at least ten (10)
admissions per day, located in a Camillus facility (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
The term of this Agreement shall be for a period of one (1) year, commencing on
October 1, 2016, and expiring on September 30, 2017, unless terminated earlier as provided
in this Agreement. Unless earlier terminated as provided in Paragraph 21, at the sole option
of the CITY (but only with prior City Commission approval), this Agreement may be
extended annually, from year-to-year, for future one (1) year periods, by the CITY giving
thirty (30) days notice in writing to the PROVIDER prior to the annual September 30th
expiration date, (i.e., by the CITY giving written notice to the PROVIDER by August 3l st)
5. COST
The maximum annual amount payable by the CITY to the PROVIDER for the
Program shall not exceed a total amount of $680,000.00. This amount is payable in twelve
(12) monthly equal installment payments to PROVIDER. Monthly installments are due on
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the first of each month commencing November 1, 2016, 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
Program which will include, but are not limited to:
a. Assigned beds for overnight stay;
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 Program:
i. Space sufficient to accommodate 75 beds;
ii. Organized sleeping arrangements;
iii. Personnel employed by PROVIDER that shall provide necessary care;
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 requiring attention and/or if there is a medical emergency.
In either case, PROVIDER's staff shall dial 9-1-1 to request rescue services.
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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. HOMELESS COORDINATOR/PROVIDER LIAISON
Referral of homeless persons to the Program shall be coordinated by the Homeless
Coordinator. The Homeless Coordinator shall be considered "the gatekeeper" for referrals
into the Pottinger beds. 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
beds and Pottinger beds when requested, an updated list of banned individuals when
requested, and other duties as specified in this Agreement.
10. COMMUNITY OUTREACH SPECIALIST
With the prior permission of the Homeless Coordinator, City of Miami Community
Outreach Specialists will have access to the Program for the purpose of referring homeless
persons meeting the criteria for Pottinger placement.
11. TRANSFERS
The PROVIDER may offer a homeless person referred to the Program the option
to be voluntarily transferred into a more transitional or permanent environment or program,
as long as the placement is with the consent of the homeless person being transferred out
of the Program. Any consenting homeless person transferred out of the 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 the Provider,
up to sixty-five (65) homeless persons may transfer to a non-Pottinger bed for a period of
up to sixty (60) days. If requested by the PROVIDER, and approved by the Homeless
Coordinator, extensions of the length of stay beyond sixty (60) days can be granted based
on written approval.
12. EXCLUSIVE USE
The PROVIDER understands that all seventy-five (75) beds in the Program are for
sole use by the CITY pursuant to the terms of this Agreement and in consideration for
CITY's monthly payments referenced herein. Accordingly, PROVIDER shall not use any
of the beds in the Program as an extension of PROVIDER's other shelter program(s), and
shall not collect any fees directly from a homeless person occupying a Program bed, or
collect any money from another source for use of any Program bed. Furthermore, the use
of any Program bed shall not be sold, given, or granted to any third person or entity during
the term of this Agreement.
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13. INFORMATION DATABASE
The PROVIDER shall maintain a computer database containing information
pertaining to each homeless person placed into the 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 placed
in Program, number of times placed in Program with all dates, indicate whether
homeless person occupies a Pottinger bed or a non-Pottinger bed, 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 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. The
PROVIDER shall make any and all records created pertaining to the Program,
including all computer database information, in searchable format, organized,
available for print in spreadsheet format, and available to the Homeless Coordinator
upon request via the HMIS system.
b. 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 Program available to the Homeless Coordinator
upon request. The list of banned individuals must contain the banned individual's
name, date of birth, sex, and duration of ban from the Program. PROVIDER shall
keep and maintain any records or lists of banned individuals for a period of no less
than five (5) years.
14. INTAKE INFORMATION FORM
The PROVIDER shall enter the client into the HMIS after 24 hours if the client
determines that he or she wants to stay for an extended period of time. The Provider shall
provide each homeless person entering the Program with an `Orientation Package' :
a. The Orientation Package will include a storage form 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 Orientation Package shall list the PROVIDER's general rules and prohibited
items and the scope of available services.
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c. The Orientation Package should be signed and dated by the homeless person to be
placed into the Program but is not mandatory as a condition for placement in the
Program. Should the homeless person refuse to sign the Program Orientation
Package, the PROVIDER' s staff member shall note `REFUSAL' on the signature
space provided.
d. The 'case card' provided by the referring or transporting City of Miami police
officer must be given to the PROVIDER and maintained for the length of time that
the Orientation Package is stored.
e. The PROVIDER shall make any and all Orientation Packages completed pertaining
to the Program available to the Homeless Coordinator upon request.
f. PROVIDER shall keep and maintain all Orientation Package for a period of no less
than five (5) years.
15. ADMISSION INTO THE PROGRAM
Only a City of Miami Police Officer and/or a City of Miami Community Outreach
Specialist can place a homeless person into the Program. Homeless persons referred to the
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 Program.
The PROVIDER shall not permit placement of any homeless persons into the
Program:
a. Unless the Camillus House 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 beds who have not exceeded their
minimum 24 hour stay, the PROVIDER shall reset the Pottinger beds each day at 7:00
a.m., at which time, the PROVIDER's staff members shall notify the occupants of the
Pottinger beds, who have exceeded their 24 hour stay, that their ability to occupy the bed
has expired. Each homeless person, who vacates the facility at 7:00 a.m., each day, shall
not return unless referred back into the 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 fewer than ten (10) Pottinger beds 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 beds. To that end, the Provider Liaison shall provide the Homeless Coordinator
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with a spreadsheet, via electronic mail at 11:00 a.m. and at 7:00 p.m. daily, advising of
availability pursuant to the bed count of available non-Pottinger beds and available
Pottinger beds.
16. SAFETY OF FACILITY AND SURROUNDING AREAS
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 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 Program, meaning that: (a)
participants occupying non-Pottinger beds 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 beds 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 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 post the appropriate "No Loitering" signs on the perimeter of the
facility;
c. PROVIDER shall ensure that no 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.
d. 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;
e. 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.
f. PROVIDER shall maintain an adequate number of trash receptacles;
g. 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.
17. 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 Program in compliance with
the Americans with Disabilities Act.
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18. ELIGIBILITY
The PROVIDER understands that Program shall be open to any homeless person
residing within the jurisdictional boundaries of the City of Miami, and who is placed in the
Program by a 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 or outside the City of Miami),
be permitted to participate in the Program.
19. 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 lst 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.
20. 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.
21. 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 month.
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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.
22. 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.:
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.
23. 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.
24. 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
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
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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.
25. 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.
26. 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.
27. 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.
28. 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.
29. AMENDMENTS
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.
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30. 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.
31. 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.
32. 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
construction of any term is necessary, it shall not be construed for or against
either party as the drafter.
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IN WITNESS HEREOF THE PARTIES HERETO 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 CAMILLUS HOUSE, INC.
DANIEL J. ALFONSO
CITY MANAGER
CITY OF MIAMI, FLORIDA
Print Name:
PRESIDENT & CEO
CAMILLUS HOUSE, INC.
Date: Date:
Attest:
TODD B. HANNON
CITY CLERK
CITY OF MIAMI, FLORIDA
APPROVED AS TO FORM APPROVED AS TO INSURANCE
AND CORRECTNESS: REQUIREMENTS:
VICTORIA MENDEZ
CITY ATTORNEY
CITY OF MIAMI, FLORIDA
ANN-MARIE SHARPE
RISK MANAGEMENT
CITY OF MIAMI, FLORIDA
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