Res No 148-23-16081 (Rescinded by 038-24-16143)RESOLUTION NO. 148-23-16081
A RESOLUTION OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,
FLORIDA, SELECTING MIAMI RECOVERY PROJECT
INC. FOR UNHOUSED OUTREACH SUPPORT PROGRAM
SERVICES FOR THE FISCAL YEAR 2023-2024 IN AN
AMOUNT NOT TO EXCEED $28,920; AUTHORIZING THE
CITY MANAGER TO ENTER INTO AN AGREEMENT FOR
SUCH SERVICES; PROVIDING FOR AUTHORIZATION,
IMPLEMENTATION, CORRECTIONS, AND AN
EFFECTIVE DATE.
WHEREAS, the City of South Miami (the "City") wishes to engage a firm to provide
unhoused outreach support program services, including a designated peer specialist to assist the
City and unhoused individuals with a variety of services, including recovery coaching, advocacy,
training, facilitating recovery, educational and enrichment groups, linkages to community
resources and mentoring (the "Services"); and
WHEREAS, Miami Recovery Project Inc. (the "Consultant") has submitted the proposal
attached hereto as Exhibit "A" ("Proposal") to perfo11n the Services for the City; and
WHEREAS, Section 5.H. of Article III, of the City's Charter, provides that competitive
bids are not applicable to the purchase of expert services that are approved by the City
Commission; and
WHEREAS, the City Commission desires to select the Consultant to perform the Services
and authorize the City Manager to enter into an agreement with the Consultant, in substantially the
form attached hereto as Exhibit H.B", in an amount not to exceed $28,920.00 for Fiscal Year 2023-
2024 (the nAgreement"); and
WHEREAS, the cost for the Servic~'l will be charged to the Police Contractual Services
Account 001-1910-521-3450; and
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R es. No. 14 8-23 -160 8 1
WHEREAS, the City Commi ssion find s th a t thi s R eso lution is in the best inte res t and
wel fa re of the C ity and it s r esid e nts.
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COM..l'\1.ISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AS FOLLOWS:
Section 1. Reci tals . T he above-s tated recit a ls are true a nd cor rect a nd are inco rporated
he re in by thi s re fere nce.
Section 2. Selection and Authorization. T he C ity Commiss io n here by sele ct s the
Cons ultant fo r th e Ser v ices pursuant to t he Proposal att ac he d he re to as Ex hibit "A", and authori zes
the City Ma nager to e nter into the Agreem e nt w ith the C ons ultant, in s ubs tantiall y the form
attac hed h ere to as Exhibit "B", in an am ount n ot to e xceed $28,9 20.00 fo r F iscal Year 2023-2 0 24,
s ubjec t to th e approval of th e C ity Allorn ey a s to for m and legal s uffi c ie ncy . The cos t fo r the
Serv ices w ill b e c harged to Po lice Cont rac tu al Ser vices Acc ount 001-1 9 10-52 1-3450.
Section 3. Imple mentation. The C it y Manage r is he re by authori zed to take an y a nd
a ll necessary actio n to implement the pu rposes of thi s Reso lution.
S ection 4 . Corrections . C onfo m1in g la nguage o r techni ca l scri vene r-type conect io n s
may be m ade by the C ity A ttorn e y fo r any confonning amendme nt s to be incorp orated into the
fin al resolutio n for s ignature.
Section 5. Effective Date. T his R esoluti o n sh a ll becom e effecti ve immedi a te ly upo n
adoption .
PASSED AND ADOPTED thi s 7~ day of ~f.er' , 2 023.
ATTEST: APPRO VED:
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Res. No. 148-23-1608 1
READ AND APPROVED AS TO FORM,
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
WEISS S~N COLE
& BfERMAN, P.L.
CITY ATTORNEY
COMMIS SION VOTE:
Mayor Fernandez:
Vice Mayor Bonich:
Commiss ioner Calle:
Conunissioner Liebman:
Commissioner Corey:
Page 3 of3
5-0
Yea
Yea
Yea
Yea
Yea
Agenda Item No:7.
City Commission Agenda Item Report
Meeting Date: November 7, 2023
Submitted by: Samantha Fraga-Lopez
Submitting Department: City Manager
Item Type: Resolution
Agenda Section:
Subject:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA,
SELECTING MIAMI RECOVERY PROJECT INC. FOR UNHOUSED OUTREACH SUPPORT PROGRAM
SERVICES FOR THE FISCAL YEAR 2023-2024 IN AN AMOUNT NOT TO EXCEED $28,920; AUTHORIZING
THE CITY MANAGER TO ENTER INTO AN AGREEMENT FOR SUCH SERVICES; PROVIDING FOR
AUTHORIZATION, IMPLEMENTATION, CORRECTIONS, AND AN EFFECTIVE DATE. 3/5 (CITY MANAGER)
Suggested Action:
Attachments:
Memo Unhoused outreach.docx
47L2856-Reso_Selecting_Miami_Recovery_Project_-_Unhoused_Outreach_Support_Program_CAv1 (1).docx
Exhibit A- CityofSouthMiamiProposal (2) (002).docx
Exhibit B- PSA Miami Recovery Project - Unhoused Outreach Program Services CAv1.docx
1
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
TO:The Honorable Mayor, Vice Mayor, and Members of the City Commission
FROM:Genaro “Chip” Iglesias,City Manager
DATE:November 7, 2023
SUBJECT:Miami Recovery Project-Unhoused Outreach
RECOMMENDATION:Authorize the City Manager to negotiate and enter into a contract with
Miami Recovery Project, Inc. for unhoused outreach support program
services for an amount not to exceed $28, 920 in FY 24.
BACKGROUND:The City wishes to engage Miami Recovery Project to provide unhoused
outreach support program services, including a designated peer specialist
to assist the City and unhoused individuals with a variety of services,
including recovery coaching, advocacy, training, facilitating recovery,
educational and enrichment groups, linkages to community resources and
mentoring.
A peer specialist who is dedicated to the City of South Miami and can assist
Officer Lilavois with unhoused outreach,will aid in facilitating temporary
or permanent housing and/or services for those in need of same.
FUNDING:$28,920 will be charged to account 001-1910-521-3450, Police Contractual
Services.
ATTACHMENTS:Resolution
Miami Recovery Project Proposal
PSA
2
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RESOLUTION NO. 2023-1
A RESOLUTION OF THE MAYOR AND CITY 2
COMMISSION OF THE CITY OF SOUTH MIAMI, 3
FLORIDA, SELECTING MIAMI RECOVERY PROJECT 4
INC. FOR UNHOUSED OUTREACH SUPPORT PROGRAM 5
SERVICES FOR THE FISCAL YEAR 2023-2024 IN AN 6
AMOUNT NOT TO EXCEED $28,920; AUTHORIZING THE 7
CITY MANAGER TO ENTER INTO AN AGREEMENT FOR 8
SUCH SERVICES; PROVIDING FOR AUTHORIZATION, 9
IMPLEMENTATION, CORRECTIONS, AND AN 10
EFFECTIVE DATE.11
WHEREAS, the City of South Miami (the “City”) wishes to engage a firm to provide 12
unhoused outreach support program services, including a designated peer specialist to assist the 13
City and unhoused individuals with a variety of services, including recovery coaching, advocacy, 14
training, facilitating recovery, educational and enrichment groups, linkages to community 15
resources and mentoring (the “Services”); and16
WHEREAS,Miami Recovery Project Inc. (the “Consultant”) has submitted the proposal 17
attached hereto as Exhibit “A” (“Proposal”) to perform the Services for the City; and 18
WHEREAS, Section 5.H. of Article III, of the City’s Charter, provides that competitive 19
bids are not applicable to the purchase of expert services that are approved by the City 20
Commission; and 21
WHEREAS,the City Commission desires to select the Consultant to perform the Services 22
and authorize the City Manager to enter into an agreement with the Consultant, in substantially the 23
form attached hereto as Exhibit “B”, in an amount not to exceed $28,920.00 for Fiscal Year 2023-24
2024 (the “Agreement”); and25
WHEREAS,the cost for the Services will be charged to the Police Contractual Services 26
Account 001-1910-521-3450; and27
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Page 2 of 3
WHEREAS,the City Commission finds that this Resolution is in the best interest and 28
welfare of the City and its residents. 29
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 30
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AS FOLLOWS:31
Section 1.Recitals.The above-stated recitals are true and correct and are incorporated 32
herein by this reference.33
Section 2.Selection and Authorization. The City Commission hereby selects the 34
Consultant for the Services pursuant to the Proposal attached hereto as Exhibit “A”, and authorizes 35
the City Manager to enter into the Agreement with the Consultant, in substantially the form 36
attached hereto as Exhibit “B”, in an amount not to exceed $28,920.00 for Fiscal Year 2023-2024, 37
subject to the approval of the City Attorney as to form and legal sufficiency. The cost for the 38
Services will be charged to Police Contractual Services Account 001-1910-521-3450. 39
Section 3.Implementation. The City Manager is hereby authorized to take any and 40
all necessary action to implement the purposes of this Resolution.41
Section 4.Corrections. Conforming language or technical scrivener-type corrections 42
may be made by the City Attorney for any conforming amendments to be incorporated into the 43
final resolution for signature.44
Section 5.Effective Date.This Resolution shall become effective immediately upon 45
adoption.46
PASSED AND ADOPTED this ____ day of _____________, 2023.47
48
49
ATTEST:APPROVED: 50
51
52
53
CITY CLERK MAYOR54
4
Page 3 of 3
55
56
57
58
READ AND APPROVED AS TO FORM, COMMISSION VOTE:59
LANGUAGE, LEGALITY AND Mayor Javier Fernández:60
EXECUTION THEREOF Vice Mayor Lisa Bonich:61
Commissioner Steve Calle:62
Commissioner Joshua Liebman:63
Commissioner Brian Corey:64
WEISS SEROTA HELFMAN COLE 65
& BIERMAN, P.L. 66
CITY ATTORNEY67
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9360 Sunset Drive #265, Miami FL 33173 305-967-8509 info@miamirecoveryproject.org
BUDGET NARRATIVE –Miami Recovery Project/City of South Miami
Unhoused Outreach Support Program -FY 2023-2024
PROPOSAL AS FOLLOWS:
Miami Recovery Project would provide the following:
a.Time:A dedicated Peer Specialist for two eight-hour days per week to be present on-site in the City of South
Miami (hereafter known as “the City”),days to be designated by the City. Should Peer Services be needed
outside of the scheduled days during any week, (e.g., transportation), hours may be adjusted the following week
by agreement between MRP and the City.
b.Peer Specialist: The Peer Specialist will provide a variety of services including but not limited to recovery
coaching, advocacy, training, facilitating recovery, educational and enrichment groups, linkages to community
resources, and mentoring.
c.Oversight: The designated Peer Specialist, and all services included in this agreement will be under the direct
supervision of MRP Peer Supervisor, Brian Sims-CRPS-V. He will be the main point of contact from MRP
regarding any questions, concerns, changes etc., the City wishes to address at any time.
2. Deliverables
a.Peer Specialist and/or OPS will coordinate with City of South Miami in the instance that specific services
cannot be delivered immediately, to establish a recovery management plan and continuity of care for the
individual in need.
b.Peer Specialist will utilize the Miami-Dade homeless Trust and DCF (via South Florida Behavioral Health
Network dba Thriving Mind) resources and internal MRP resources to quickly provide resource linkage for an
individual in need, utilizing the “Housing First” care model.
c.Peer Specialist will use the Evidence-Based Tool “Recovery Capital Scale” to identify strengths and barriers for
an individual in need and create a “Recovery Management Plan” with the individual to assist the individual to
reach their full potential and towards permanent housing.
d. Peer Specialist will utilize the Miami-Dade homeless Trust and DCF (via South Florida Behavioral Health
Network dba Thriving Mind) resources and internal MRP resources to quickly provide resource linkage for an
individual in need, utilizing the “Housing First” care model.
e. Peer Specialist will use the Evidence-Based Tool “Recovery Capital Scale” to identify strengths and barriers for
an individual in need and create a “Recovery Management Plan” with the individual to assist the individual to
reach their full potential and towards permanent housing.
3. Budget
a.An annual fee of $28,920.00 to cover the above-named services is proposed, which would be payable in monthly
installments of $2,410.00.
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City of South Miami, FL Page 1 of 13
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
CITY OF SOUTH MIAMI, FLORIDA
AND
MIAMI RECOVERY PROJECT INC.
THIS AGREEMENT (this “Agreement”) is made effective as of October __, 2023 (the
“Effective Date”), by and between CITY OF SOUTH MIAMI, FLORIDA, a Florida municipal
corporation, (the “City”) and MIAMI RECOVERY PROJECT INC., a Florida not for profit corporation
(“Consultant”).
WHEREAS, the City desires to engage a firm to provide unhoused outreach support
program services, including a designated peer specialist to assist the City and unhoused individuals
with a variety of services, including recovery coaching, advocacy, training, facilitating recovery,
educational and enrichment groups, linkages to community resources and mentoring (the
“Services”);
WHEREAS, the Consultant will perform services on behalf of the City, all as further set
forth in the Proposal attached hereto as Exhibit “A” (the “Services”); and
WHEREAS, the City and Consultant, through mutual negotiation, have agreed upon a fee
for the Services; and
WHEREAS, the Citydesires to engage the Consultant to perform the Services and provide
the deliverables as specified below.
NOW, THEREFORE, in consideration of the mutual covenants and conditions contained
herein, the City and the Consultant agree as follows:
1. Scope of Services.
1.1.Consultant shall provide the Services set forth in the Proposal attached hereto as Exhibit
“A” and incorporated herein by reference (the “Services”).
1.2.Consultant shall furnish all reports, documents, and information obtained pursuant to
this Agreement, and recommendations during the term of this Agreement (hereinafter
“Deliverables”) to the City.
2. Term/Commencement Date.
2.1.The term of this Agreement shall be from the Effective Date and continue for a period of
one (1) year (“Term”), expiring September 30, 2024, unless earlier terminated in
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City of South Miami, FL Page 2 of 13
accordance with Paragraph 8. Additionally, the City may renew this Agreement for an
additional term and additional scope of services, upon mutual agreement of the parties.
2.2.Consultant agrees that time is of the essence and Consultant shall complete the Services
within the term of this Agreement, unless extended by the City Manager.
3. Compensation and Payment.
3.1.Compensation for Services provided by Consultant shall be in accordance with the Proposal
attached hereto as Exhibit “A.” Consultant shall be compensated an annual fee of
$28,920.00 for the Term, payable in monthly installments of $2,410.00. Any reasonable
direct expenses incurred in performing the Services under this Agreement shall be
reimbursed to the Consultant not to exceed $250. Any expenses in excess of $250 must
be pre-approved in writing by the City Manager.
3.2.Consultant shall deliver an invoice to City no more often than once per month detailing
Services completed and the amount due to Consultant under this Agreement. Fees shall be
paid in arrears each month, pursuant to Consultant’s invoice. The City shall pay the
Consultant in accordance with the Florida Prompt Payment Act after approval and
acceptance of the Services by the City Manager.
4. Subconsultants.
4.1.The Consultant shall be responsible for all payments to any subconsultants and shall
maintain responsibility for all work related to the Services.
4.2.Consultant may only utilize the services of a particular subconsultant with the prior
written approval of the City Manager, which approval may be granted or withheld in the
City Manager’s sole and absolute discretion.
5. City’s Responsibilities.
5.1.City shall make available any maps, plans, existing studies, reports, staff and
representatives, and other data pertinent to the Services and in possession of the City,
and provide criteria requested by Consultant to assist Consultant in performing the
Services.
5.2.Upon Consultant’s request, City shall reasonably cooperate in arranging access to public
information that may be required for Consultant to perform the Services.
6. Consultant’s Responsibilities; Representations and Warranties.
6.1.The Consultant shall exercise the same degree of care, skill and diligence in the
performance of the Services as is ordinarily provided by a consultant under similar
circumstances. If at any time during the term of this Agreement or within two (2) years
from the completion of this Agreement, it is determined that the Consultant’s
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City of South Miami, FL Page 3 of 13
Deliverables or Services are incorrect, not properly rendered, defective, or fail to
conform to Cityrequests, the Consultant shall at Consultant’s sole expense, immediately
correct its Deliverables or Services.
6.2.The Consultant hereby warrants and represents that at all times during the term of this
Agreement it shall maintain in good standing all required licenses, certifications and permits
required under Federal, State and local laws applicable to and necessary to perform the
Services for Cityas an independent contractor of the City.Consultant further warrants and
represents that it has the required knowledge, expertise, and experience to perform the
Services and carry out its obligations under this Agreement in a professional and first
class manner.
6.3.The Consultant represents that is an entity validly existing and in good standing under
the laws of Florida. The execution, delivery and performance of this Agreement by
Consultant have been duly authorized, and this Agreement is binding on Consultant and
enforceable against Consultant in accordance with its terms. No consent of any other
person or entity to such execution, delivery and performance is required.
7. Conflict of Interest.Intentionally Deleted.
8. Termination.
8.1.The City Manager, without cause, may terminate this Agreement upon five (5) calendar
days’ written notice to the Consultant, or immediately with cause.
8.2.Upon receipt of the City's written notice of termination, Consultant shall immediately
stop work on the Services unless directed otherwise by the City Manager.
8.3.In the event of termination by the City, the Consultant shall be paid for all Services
accepted by the City Manager up to the date of termination, provided that the
Consultant has first complied with the provisions of Paragraph 8.4.
8.4.The Consultant shall transfer all books, records, reports, working drafts, documents,
maps, and data pertaining to the Services and the project to the City, in a hard copy and
electronic format within fourteen (14) days from the date of the written notice of
termination or the date of expiration of this Agreement.
9. Insurance.
9.1.Consultant shall secure and maintain throughout the duration of this Agreement
insurance of such types and in such amounts not less than those specified below as
satisfactory to City, naming the City as an Additional Insured, underwritten by a firm
rated A-X or better by A.M. Best and qualified to do business in the State of Florida. The
insurance coverage shall be primary insurance with respect to the City, its officials,
employees, agents, and volunteers naming the City as additional insured. Any insurance
maintained by the City shall be in excess of the Consultant’s insurance and shall not
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City of South Miami, FL Page 4 of 13
contribute to the Consultant’s insurance. The insurance coverages shall include at a
minimum the amounts set forth in this section and may be increased by the City as it
deems necessary or prudent.
9.1.1. Commercial General Liability coverage with limits of liability of not less than a
$1,000,000 per Occurrence combined single limit for Bodily Injury and Property
Damage. This Liability Insurance shall also include Completed Operations and
Product Liability coverages and eliminate the exclusion with respect to property
under the care, custody and control of Consultant. The General Aggregate Liability
limit and the Products/Completed Operations Liability Aggregate limit shall be in the
amount of $2,000,000 each.
9.1.2. Workers Compensation and Employer’s Liability insurance, to apply for all
employees for statutory limits as required by applicable State and Federal laws. The
policy(ies) must include Employer’s Liability with minimum limits of $1,000,000.00
each accident. No employee, subcontractor or agent of the Consultant shall be
allowed to provide Services pursuant to this Agreement who is not covered by
Worker’s Compensation insurance. In order for this requirement to be waived,
Consultant must provide proof of exemption from such laws. Information regarding
eligibility for an exemption from the State of Florida Workers’ Compensation Law is
available at:
https://www.myfloridacfo.com/Division/wc/PublicationsFormsManualsReports/Br
ochures/Key-Coverage-and-Eligibility.pdf.
Exemptions may be applied for online through the Florida Department of Financial
Services, Division of Workers’ Compensation at:
https://www.myfloridacfo.com/Division/wc/Employer/Exemptions/default.htm.
9.1.3. Business Automobile Liability with minimum limits of $1,000,000 per occurrence,
combined single limit for Bodily Injury and Property Damage. Coverage must be
afforded on a form no more restrictive than the latest edition of the Business
Automobile Liability policy, without restrictive endorsements, as filed by the
Insurance Service Office, and must include Hired, and Non-Owned Vehicles.
9.1.4. Professional Liability Insurance in an amount of not less than One Million Dollars
($1,000,000.00) per occurrence, single limit. If Professional Liability Insurance is
required, the City shall select this box: ☐.
9.2. Certificate of Insurance. Certificates of Insurance shall be provided to the City, reflecting
the City as an Additional Insured (except with respect to Professional Liability Insurance
and Worker’s Compensation Insurance), no later than ten (10) days after award of this
Agreement and prior to the execution of this Agreement by Cityand prior to commencing
Services. Each certificate shall include no less than (30) thirty-day advance written notice
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City of South Miami, FL Page 5 of 13
to City prior to cancellation, termination, or material alteration of said policies or
insurance. The Consultant shall be responsible for assuring that the insurance
certificates required by this Section remain in full force and effect for the duration of this
Agreement, including any extensions or renewals that may be granted by the City. The
Certificates of Insurance shall not only name the types of policy(ies) provided, but also
shall refer specifically to this Agreement and shall state that such insurance is as required
by this Agreement. The City reserves the right to inspect and return a certified copy of
such policies, upon written request by the City. If a policy is due to expire prior to the
completion of the Services, renewal Certificates of Insurance shall be furnished thirty
(30) calendar days prior to the date of their policy expiration. Each policy certificate shall
be endorsed with a provision that not less than thirty (30) calendar days’ written notice
shall be provided to the City before any policy or coverage is cancelled or restricted.
Acceptance of the Certificate(s) is subject to approval of the City.
9.3. Additional Insured. Except with respect to Professional Liability Insurance and Worker’s
Compensation Insurance, the City is to be specifically included as an Additional Insured
for the liability of the City resulting from Services performed by or on behalf of the
Consultant in performance of this Agreement. The Consultant’s insurance, including that
applicable to the City as an Additional Insured, shall apply on a primary basis and any
other insurance maintained by the City shall be in excess of and shall not contribute to
the Consultant’s insurance. The Consultant’s insurance shall contain a severability of
interest provision providing that, except with respect to the total limits of liability, the
insurance shall apply to each Insured or Additional Insured (for applicable policies) in the
same manner as if separate policies had been issued to each.
9.4. Deductibles. All deductibles or self-insured retentions must be declared to and be
reasonably approved by the City. The Consultant shall be responsible for the payment of
any deductible or self-insured retentions in the event of any claim.
9.5.The provisions of this section shall survive termination of this Agreement.
10. Nondiscrimination.During the term of this Agreement, Consultant shall not discriminate
against any of its employees or applicants for employment because of their race, color,
religion, sex, or national origin, and will abide by all Federal and State laws regarding
nondiscrimination.
11. Attorneys Fees and Waiver of Jury Trial.
11.1.In the event of any litigation arising out of this Agreement, the prevailing party
shall be entitled to recover its attorneys’ fees and costs, including the fees and expenses
of any paralegals, law clerks and legal assistants, and including fees and expenses
charged for representation at both the trial and appellate levels.
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11.2.IN THE EVENT OF ANY LITIGATION ARISING OUT OF THIS AGREEMENT, EACH
PARTY HEREBY KNOWINGLY, IRREVOCABLY, VOLUNTARILY AND INTENTIONALLY WAIVES
ITS RIGHT TO TRIAL BY JURY.
12. Indemnification.
12.1.Consultant shall indemnify and hold harmless the City, its officers, agents and
employees, from and against any and all demands, claims, losses, suits, liabilities, causes
of action, judgment or damages, arising from Consultant’s performance or non-
performance of any provision of this Agreement, including, but not limited to, liabilities
arising from contracts between the Consultant and third parties made pursuant to this
Agreement. Consultant shall reimburse the City for all its expenses including reasonable
attorneys’ fees and costs incurred in and about the defense of any such claim or
investigation and for any judgment or damages arising from Consultant’s performance
or non-performance of this Agreement.
12.2.Nothing herein is intended to serve as a waiver of sovereign immunity by the City
nor shall anything included herein be construed as consent to be sued by third parties in
any matter arising out of this Agreement or any other contract. The City is subject to
section 768.28, Florida Statutes, as may be amended from time to time.
12.3.The provisions of this section shall survive termination of this Agreement.
13. Notices/Authorized Representatives.Any notices required by this Agreement shall be in
writing and shall be deemed to have been properly given if transmitted by hand-delivery, by
registered or certified mail with postage prepaid return receipt requested, or by a private
postal service, addressed to the parties (or their successors) at the addresses listed on the
signature page of this Agreement or such other address as the party may have designated by
proper notice.
14. Governing Law and Venue. This Agreement shall be construed in accordance with and
governed by the laws of the State of Florida. Venue for any proceedings arising out of this
Agreement shall be proper exclusively in Miami-Dade County, Florida.
15. Entire Agreement/Modification/Amendment.
15.1.This writing contains the entire Agreement of the parties and supersedes any prior
oral or written representations. No representations were made or relied upon by either
party, other than those that are expressly set forth herein.
15.2.No agent, employee, or other representative of either party is empowered to
modify or amend the terms of this Agreement, unless executed with the same formality
as this document.
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16. Ownership and Access to Records and Audits.
16.1.Consultant acknowledges that all inventions, innovations, improvements,
developments, methods, designs, analyses, drawings, reports, compiled information,
and all similar or related information (whether patentable or not) which relate to
Services to the City which are conceived, developed or made by Consultant during the
term of this Agreement (“Work Product”) belong to the City. Consultant shall promptly
disclose such Work Product to the City and perform all actions reasonably requested by
the City (whether during or after the term of this Agreement) to establish and confirm
such ownership (including, without limitation, assignments, powers of attorney and
other instruments).
16.2.Consultant agrees to keep and maintain public records in Consultant’s possession
or control in connection with Consultant’s performance under this Agreement. The City
Manager or her designee shall, during the term of this Agreement and for a period of
three (3) years from the date of termination of this Agreement, have access to and the
right to examine and audit any records of the Consultant involving transactions related
to this Agreement. Consultant additionally agrees to comply specifically with the
provisions of Section 119.0701, Florida Statutes. Consultant shall ensure that public
records that are exempt or confidential and exempt from public records disclosure
requirements are not disclosed, except as authorized by law, for the duration of the
Agreement, and following completion of the Agreement until the records are transferred
to the City.
16.3.Upon request from the City’s custodian of public records, Consultant shall provide
the City with a copy of the requested records or allow the records to be inspected or
copied within a reasonable time at a cost that does not exceed the cost provided by
Chapter 119, Florida Statutes, or as otherwise provided by law.
16.4.Unless otherwise provided by law, any and all records, including but not limited to
reports, surveys, and other data and documents provided or created in connection with
this Agreement are and shall remain the property of the City.
16.5.Upon completion of thisAgreement or in the event of termination by either party,
any and all public records relating to the Agreement in the possession of the Consultant
shall be delivered by the Consultant to the City Manager, at no cost to the City, within
seven (7) days. All such records stored electronically by Consultant shall be delivered to
the City in a format that is compatible with the City’s information technology systems.
Once the public records have been delivered upon completion or termination of this
Agreement, the Consultant shall destroy any and all duplicate public records that are
exempt or confidential and exempt from public records disclosure requirements.
16.6.Any compensation due to Consultant shall be withheld until all records are
received as provided herein.
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16.7.Consultant’s failure or refusal to comply with the provisions of this section shall
result in the immediate termination of this Agreement by the City.
16.8.Notice Pursuant to Section 119.0701(2)(a), Florida Statutes.IF THE
CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT’S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE
CUSTODIAN OF PUBLIC RECORDS: NKENGA “NIKKI” PAYNE , CMC, FCRM,
6130 Sunset Drive, South Miami, Florida 33143, 305-663-6340,
npayne@southmiamifl.gov.
17. Nonassignability.This Agreement shall not be assignable by Consultant unless such
assignment is first approved by the City Manager. The City is relying upon the apparent
qualifications and expertise of the Consultant, and such firm’s familiarity with the City’s area,
circumstances and desires.
18. Severability. If any term or provision of this Agreement shall to any extent be held invalid or
unenforceable, the remainder of this Agreement shall not be affected thereby, and each
remaining term and provision of this Agreement shall be valid and be enforceable to the
fullest extent permitted by law.
19. Independent Contractor. The Consultant and its employees, volunteers and agents shall be
and remain an independent contractor and not an agent or employee of the Citywith respect
to all of the acts and services performed by and under the terms of this Agreement. This
Agreement shall not in any way be construed to create a partnership, association or any other
kind of joint undertaking, enterprise or venture between the parties.
20. Compliance with Laws. The Consultant shall comply with all applicable laws, ordinances,
rules, regulations, and lawful orders of public authorities in carrying out Services under this
Agreement, and in particular shall obtain all required permits from all jurisdictional agencies
to perform the Services under this Agreement at its own expense.
21. Waiver. The failure of either party to this Agreement to object to or to take affirmative action
with respect to any conduct of the other which is in violation of the terms of this Agreement
shall not be construed as a waiver of the violation or breach, or of any future violation, breach
or wrongful conduct.
22. Survival of Provisions. Any terms or conditions of either this Agreement that require acts
beyond the date of the term of the Agreement, shall survive termination of the Agreement,
shall remain in full force and effect unless and until the terms or conditions are completed
and shall be fully enforceable by either party.
23. Prohibition of Contingency Fees.The Consultant warrants that it has not employed or
retained any company or person, other than a bona fide employee working solely for the
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City of South Miami, FL Page 9 of 13
Consultant, to solicit or secure this Agreement, and that it has not paid or agreed to pay any
person(s), company, corporation, individual or firm, other than a bona fide employee working
solely for the Consultant, any fee, commission, percentage, gift, or any other consideration,
contingent upon or resulting from the award or making of this Agreement.
24. Public Entity Crimes Affidavit. Consultant shall comply with Section 287.133, Florida Statutes
(Public Entity Crimes Statute), notification of which is hereby incorporated herein by
reference, including execution of any required affidavit.
25. Counterparts. This Agreement may be executed in several counterparts, each of which shall
be deemed an original and such counterparts shall constitute one and the same instrument.
26. E-Verify Affidavit.In accordance with Section 448.095, Florida Statutes, the City requires all
contractors doing business with the Cityto register with and use the E-Verify system to verify
the work authorization status of all newly hired employees. The City will not enter into a
contract unless each party to the contract registers with and uses the E-Verify system. The
contracting entity must provide of its proof of enrollment in E-Verify. For instructions on how
to provide proof of the contracting entity’s participation/enrollment in E-Verify, please visit:
https://www.e-verify.gov/faq/how-do-i-provide-proof-of-my-participationenrollment-in-e-
verify. By entering into this Agreement, the Contractor acknowledges that it has read Section
448.095, Florida Statutes; will comply with the E-Verify requirements imposed by Section
448.095, Florida Statutes, including but not limited to obtaining E-Verify affidavits from
subcontractors; and has executed the required affidavit attached hereto and incorporated
herein.
27. Non-Exclusive Agreement.The City reserves the right to procure or acquire similar services
from another provider while this Agreement is in full force and effect.
28. Termination Due To Lack of Funding.This Agreement is subject to the condition precedents
that: (i) City funds are available, appropriated and budgeted, for the Services annually for
each year of the Term; (ii) the City secures and obtains any necessary proceeds, grants or
loans for the accomplishment of the Services pursuant to any borrowing legislation adopted
by the City Commission relative to the Services; and (iii) the City Commission enacts
legislation or other necessary resolutions, which awards and authorizes the execution of this
Agreement and the annual appropriation and budgeting for the Services. The City represents
to Consultant that the Cityhas adopted a resolution authorizing execution of this Agreement,
if required by applicable law.
29. Conflicts; Order of Priority.This document without exhibits is referred to as the “Base
Agreement.” In the event of a conflict between the terms of this Agreement and any exhibits
or attachments hereto, or any documents incorporated herein by reference, the conflict shall
be resolved in the following order of priorities and the more stringent criteria for
performance of the Services shall apply:
29.1.First Priority: Base Agreement;
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City of South Miami, FL Page 10 of 13
29.2.Second Priority: Exhibit A – Proposal. The Proposal is attached only for general
information and the scope of services in Section 1 therein.
[Remainder of page intentionally left blank. Signature pages follow.]
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City of South Miami, FL Page 11 of 13
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
the day and year as first stated above.
CITY OF SOUTH MIAMI, FLORIDA
By:
Genaro “Chip” Iglesias, City Manager
Attest:
Nkenga “Nikki” Payne, CMC, FCRM
City Clerk
Approved as to Form and Legal Sufficiency:
By:
Weiss Serota Helfman Cole & Bierman, P.L.
City Attorney
Addresses for Notice:
City of South Miami
Attn: Genaro “Chip” Iglesias, City Manager
City of South Miami
6130 Sunset Drive
South Miami, FL 33143
305-(telephone)
ciglesias@southmiamifl.gov(email)
With a copy to:
Weiss Serota Helfman Cole & Bierman, P.L.
Attn: Lillian Arango and Tony Recio, Esq.
City of South Miami City Attorney
2800 Ponce de Leon Boulevard, 12th Floor
Coral Gables, FL 33134
larango@wsh-law.com (email)
trecio@wsh-law.com (email)
MIAMI RECOVERY PROJECT INC.
By:
Name: ____________________________________
Title: ______________________________________
Addresses for Notice:
(telephone)
(email)
With a copy to:
(telephone)
(email)
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North Bay City, FL Page 12 of 13
E-VERIFY AFFIDAVIT
In accordance with Section 448.095, Florida Statutes, the City requires all contractors doing
business with the City to register with and use the E-Verify system to verify the work
authorization status of all newly hired employees. The City will not enter into a contract unless
each party to the contract registers with and uses the E-Verify system.
The contracting entity must provide of its proof of enrollment in E-Verify. For instructions on
how to provide proof of the contracting entity’s participation/enrollment in E-Verify, please visit:
https://www.e-verify.gov/faq/how-do-i-provide-proof-of-my-participationenrollment-in-e-
verify
By signing below, the contracting entity acknowledges that it has read Section 448.095, Florida
Statutes and will comply with the E-Verify requirements imposed by it, including but not limited
to obtaining E-Verify affidavits from subcontractors.
☐Check here to confirm proof of enrollment in E-Verify has been attached to this Affidavit.
In the presence of: Signed, sealed and delivered by:
Witness #1 Print Name: Print Name:
Title:
Witness #2 Print Name: Entity Name:
ACKNOWLEDGMENT
State of Florida
County of
The foregoing instrument was acknowledged before me by means of ☐physical presence or ☐
online notarization, this day of , 20 , by
(name of person) as (type of authority) for
(name of party on behalf of whom instrument is executed).
Notary Public (Print, Stamp, or Type as Commissioned)
Personally known to me; or
Produced identification (Type of Identification:)
Did take an oath; or
Did not take an oath
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North Bay City, FL Page 13 of 13
EXHIBIT A
SCOPE OF SERVICES
The Scope of Services are those contained in the Proposal attached hereto and incorporated
herein by reference.
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