Amendment No. 4 to the Agreement with Camillus House, Inc.Docusign Envelope ID:C9OEOADD-0CEC-45C1-8830-1A5254EC88E
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AMENDMENT NO.4 TO THE PROFESSIONAL SERVICE AGREEMENT
BETWEEN
THE CITY OF MIAMI BEACH,FLORIDA
AND
CAMILLUS HOUSE,INC.
FOR
EMERGENCY SHELTER SERVICES1/21/2025 I 11:02 EST
This Amendment No.4 (this "Amendment")to the Agreement,dated March 9,2018,is
entered into this day of.20 ("Effective Date"),by and between
the City of Miami Beach,Florida,a municipal corporation organized and existing under the
laws of the State of Florida,having its principal place of business at 1700 Convention
Center Drive,Miami Beach,Florida 33139 (the "City"),and Camillus House Inc.,a non-
profit Corporation,having its principal place of business at 1603 NW 7 Avenue,Miami,FL,
33136 (the "Contractor"),and hereby amends the Contract as follows:
RECITALS
WHEREAS,on September 25,2017,the Mayor and Commission of the City of Miami
Beach adopted Resolution No.2017-30000,approving the award of Request for Proposal
("RFP")No.2017-293-KB for Emergency Shelter Beds to Serve Homeless Population;
and
WHEREAS,on March 9,2018,the City and Contractor executed the Agreement for
Emergency Shelter Beds pursuant to the RFP (the "Agreement");and
WHEREAS,the Agreement included an initial term of five (5)years,with the option
to renew for two-year renewal terms at the City Manager's sole option and discretion;and
WHEREAS,Section 3.1 of the Agreement established the following
Year 1-$26.35 per bed,for a minimum of 12 beds not to exceed $198,126.65
Year 2-$27.14 per bed,for a minimum of 12 beds not to exceed $204,069.42
Year 3-$27.95 per bed,for a minimum of 12 beds not to exceed $210,191.35
Year 4-$28.79 per bed,for a minimum of 12 beds not to exceed $216,497.25
Year 5-$29.66 per bed,for a minimum of 12 beds not to exceed$222,992.16;and
WHEREAS,although the RFP stipulated two (2)two-year renewal terms,Section
4.2 of the Agreement inadvertently states two (2)one-year renewal terms;and
WHEREAS,on November 10,2020,following the determination that the City may
require a greater amount of beds per year than originally anticipated to effectively manage
the rise in demand for said beds,the City executed Amendment No.1 to the Agreement,
removing the not to exceed amount inadvertently incorporated in the Contract and
correcting the renewal terms of the Agreement from a two (2)one-year renewal terms to
two (2)two-year renewal terms with the approval of the City Manager;and
WHEREAS,on December 14,2022,the Mayor and City Commission approved item
C2J,which authorized the increase in the rates by 3%for each additional daytime bed,
pursuant to Section 4.6 of the Agreement,and further authorized the City Manager to
execute the Amendment;and
-
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WHEREAS,on April 5,2023,the City executed Amendment No.2 to the Agreement,
adjusting the fixed fee price per bed,per day for the term of the renewal agreement,to
reflect a 3%increase,for a fixed fee price of $30.55 per bed,per day,and to stipulate that
all expenditures are contingent upon annual budget appropriations;and
WHEREAS,on December 19,2023,Camillus House presented the Office of
Housing and Community Services with a proposal to increase the City's emergency
shelter bed roster by six (6)beds,for a total of eighteen (18)emergency shelter beds at
the current rate of $30.54 per bed,per day;and
WHEREAS,on January 31,2024,the Mayor and City Commission approved item
C2K,authorizing the purchase of six (6)additional emergency shelter beds at the current
rate of $30.54 per bed,per day;and
WHEREAS,on March 4,2024,the City executed Amendment No.3 to the
Agreement,increasing the City's emergency shelter bed roster by six (6)beds,for a total
of eighteen (18)emergency shelter beds at the rate of $30.54 per bed,per day;and
WHEREAS,on or around June 20,2024,the Contractor notified the City of significant
increases in operational costs that pose challenges in maintaining shelter beds and related
services at the current rate 0f $30.54,and proposed an increase to the daily bed rate to
$67.44 effective October 1,2024;and
WHEREAS,the City indicated to the Contractor that it could not agree to pay a rate
other than the rate required by the Agreement;and
WHEREAS,on September 10,2024,the Contractor sent a letter to the City indicated
it would discontinue services effective September 30,2024;and
WHEREAS,on September 16,the City notified the Contractor that its September 10,
A letter ngtitytgd gn gntigipgtry brh of the Agreement and dmgdipg that the
Contractor immediately rescind its termination notice and confirm that it would fully
perform its obligations under the Agreement;and
WHEREAS,on October 18,2024,the City agreed to amend certain terms of the
Agreement,solely as an accommodaton to Contractor;and
WHEREAS,the parties desire to amend the terms of the Agreement as set forth in
this Amendment.
NOW THEREFORE,in consideration of the mutual promises and conditions contained
herein,and other good and valuable consideration,the sufficiency of which is hereby
acknowledged,the City and Contractor hereby agree to amend the Agreement as follows.
1.ABOVE RECITALS.
The above recitals are true and correct and are incorporated as part of this
Amendment.
2.MODIFICATIONS.
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The Agreement is hereby modified (deleted items struckthrough,and inserted
items are underlined)as follows;
a)Section 3.1 of the Agreement is hereby amended by inserting the following
sentence at the end of such Section:"Notwithstanding anything to the
contrary in this Agreement,if the City elects to exercise its option to extend
the Agreement for the second two-year renewal term,the City and
Contractor acknowledge and agree that they shall negotiate in good faith
the rate to apply to beds to be included in the roster of beds.The
Contractor shall provide the City with documentation substantiating the cost
of providing the shelter services,it being understood and agreed that the
fee per bed to be charged will not exceed the actual,direct costs of
providing the emergency housing services.For the avoidance of doubt.any
rate increase agreed to by the parties shall only apply from and after April
1,2025.
b)Section 3.2 is hereby amended as follows:
Contractor may submit a monthly invoice in advance of providing services
via postal or Electronic(E-mail_mail forty-fiye (45)days prior to the_month
of service,which includes a description of the Services to be provided in
the month of service,including the number of beds,associated costs.and
clients served.If the City and Contractor are unable.despite good faith
efforts__to agree on_a new rate to apply_to beds during _the second renewal
term,such rate to be based on the actual cost of providing the shelter
serices_then this Agreement_shall _terminate on_March31_2025
c)"Exhibit A","Scope of Services"
Service Units of Service Documentation of Service
Emergency
Housing
18 beds per day,Attendance Roster
365 days per year
The Contractor has requested that the City reduce its bed roster by
securing beds with alternative providers for the remainder of the term
ending March 31.2025.If the City secures shelter beds with alternative
providers that are secured specifically to reduce the current bed roster for
the duration of the Agreement.Camillus House.Inc.will absorb the
difference in daily bed costs.For the avoidance of doubt.the City reserves
the right to secure shelter beds without reducing the current bed roster in
the City s sole and absolute discretion.
3.RATIFICATION.
Except as amended herein,all other terms and conditions of the Contract shall
remain unchanged and in full force and effect.In the event there is a conflict
between the provisions of this Amendment and the Contract.the provisions of this
Amendment shall govern.
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IN W IT NE S S W H E R E O F ,the parties hereto have caused this Amendment to be executed
by their appropriate officials,as of the date first entered above
FO R CIT Y :CITY O F M IA M I B EA C H ,FLO R ID A
A TT E S T :
D ocuSigned by.
sy.[t«fl €.Grava.lo
#anerEe@Granado,City clerk
1/21/2025 I 11:02 EST
Date
FO R CO N S U L T A NT /C O N T R A C T O R :CAMILLUS HOUSE,INC.
A TT E S T .
I"l±2!l
le •M ola T
Print Name
1o [ze ]24
Dale
..--Ch ief Executive O ff icer
9 7toe>).4Mat a
Print Name
APPROVED AS TO
FORM &LA NGUAGE
&FOR EXECUTION
7'l._Lye
City Attorney Date
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MIAMI BEACH
RFP 2017-239-KB Amendment No.4 to the Professional Services Agreement between the City of Miami Beach
and Camillus House,Inc.
X Type 1-Contract,amendment,change order or task order resulting from a procurement-issued competitive solicitation.
Type 2-Other contract,amendment,change order or task order not resulting from a procurement-issued competitive solicitation.
Type 3 -Independent Contractor Agreement (ICA)Type 6-Tenant Agreement
Type 4-Grant agreements with the City as the recipient Type 7-Inter governmental agency agreement
Type 5-Grant agreements with the City as the granter Other:
On September 25,2017,the City Commission approved the award and execution of an Agreement,pursuant to Request for
Proposal (RFP)No.2017-293-KB ("the Agreement")with the Camillus House,Inc.(the "Contractor")to provide twelve (12)
emergency shelter beds to serve the homeless population.The Agreement included an initial term of five (5)years,with the
option of two one-year renewal terms at the City Manager's option and a not-to-exceed contract amount for each service
year.Since execution,the Agreement has been Amended as follows:
•Amendment No.1,executed on November 10,2020,to remove the not-to-exceed amount inadvertently
incorporated in the Agreement and to correct the renewal terms from two one-year renewals to two two-year
renewal terms with the City Manager's approval.
•Amendment No.2,executed on April 5,2023,following the Mayor and City Commission's approval of item C2J at its
December 14,2022,Commission meeting,to increase daily bed rates by 3%for each bed,increasing the approved
rate to $30.55 per bed,per day,for twelve (12)beds.
•Amendment No.3,executed on March 4,2024,following the Mayor and City Commission approved item C2K at its
January 31,2024 Commission meeting,to increase the City's emergency shelter bed roster from twelve (12)beds to
eighteen (18)beds.
In June 2024,the contractor informed the City of substantial increases in operational costs and proposed raising the daily bed
rate from $30.54 to $67.44 per bed,effective October 1,2024.In response,the City indicated it could not agree to a rate
outside of the existing Agreement.However,both parties have agreed to amend the Agreement to allow the Contractor to
receive advanced monthly payments for shelter bed services to help cover maintenance costs.Additionally,the Contractor
has agreed that if the City can reduce its Camillus House bed roster by securing beds with another provider,the Contractor
will absorb the difference in daily bed costs.
On November 20,2024,the City Commission adopted Resolution No.2024-33369 (See Attachment A),approving Amendment
No.4 to the Agreement and authorizing the City Manager and City Clerk to execute.The amended Agreement has been form
approved by the City Attorney's Office and signed by the Contractor.This item seeks the City Manager's approval of
Amendment No.4 to the Agreement (See Attachment B).
#lit
Marc
1 $200,647.80 Yes Xx No
011-0560-000349-23-405-575-00-00-00-
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I 1.For contracts longer than five years,contact the Procurement Department.2.Attach any supporting explanation needed.I
1
3.Budget approval indicates approval for current fiscal year only.Future years are subject to City Commission approval of I
annual adopted operating budget.
City Commission Approved:
If no,explain why CC approval is not required:
Legal Form Approved:X Yes No If no,explain below why form approval is not necessary:
rr.digs $$,3Mets#gg #--Z <CHY;TETE
g.-±..s -5asps...4!rt4 +le ..
Procurement.oo9pd by 12/31/2024 I 2:@gpts:N/A
,t«a]
Kristy Bada b.rt3t o £q ua
Budget:G 1/2/2025 I 10:2 lgformation Technology:N/A
Aarti Ramsubhag ----
Tameka Otto Stewart -o"1/3/2025 I 7:ESTToalaOoSkui
Risk Management:NT)/"Fleet &Facilities:N/A
Human Resources:I N/A Reviewed by f
Monica Garcia AG 12/31/2024 I 12%49 EST
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RESOLUTION NO.2024-33369
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH,FLORIDA,APPROVING AMENDMENT NO.
4 TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE CITY OF MIAMI BEACH AND CAMILLUS HOUSE,INC.FOR
EMERGENCY SHELTER SERVICES,AMENDING SECTION 3.1 OF
THE AGREEMENT,"FIXED FEE,"TO STIPULATE RENEWAL
TERMS OF THE AGREEMENT,AND AMENDING SECTION 3.2 OF
THE AGREEMENT,"INVOICING",TO PERMIT ADVANCED
PAYMENT FOR SHELTER BED SERVICES AND ASSOCIATED
COSTS;AUTHORIZING THE CITY MANAGER AND CITY CLERK TO
EXECUTE THE AMENDMENT;AND FURTHER AMENDING
SECTION 4.6 OF THE AGREEMENT,"CHANGES AND
ADDITIONS,"TO AUTHORIZE THE CITY MANAGER AND CITY
CLERK TO EXECUTE SUBSEQUENT AMENDMENTS,BASED ON
NEED AND BUDGET APPROPRIATION.
WHEREAS,on September 25,2017,the Mayor and City of Miami Beach ("City')
Commission adopted Resolution No.2017-30000,approving the award of Request for
Proposal ("RFP")No.2017-293-KB for Emergency Shelter Beds to Serve Homeless
Population;and
WHEREAS,on March 21,2018,the City and Camillus House inc.(the "Contractor")
executed a Professional Services Agreement pursuant to the RFP (the "Agreement");and
WHEREAS,the Agreement included an initial term of five (5)years,with the option
to renew for two-year renewal terms at the City Manager's sole option and discretion;and
WHEREAS,Section 3.1 of the Agreement established the foiiowing
Year 1-$26.35 per bed,for a minimum of 12 beds not to exceed $198,126.65
Year 2-$27.14 per bed,for a minimum of 12 beds not to exceed $204,069.42
Year 3-$27.95 per bed,for a minimum of 12 beds not to exceed $210,191.35
Year 4-$28.79 per bed,for a minimum of 12 beds not to exceed $216,497.25
Year 5-$29.66 per bed,for a minimum of 12 beds not to exceed $222,992.16;and
WHEREAS,although the RFP stipulated two (2)two-year renewal terms,Section
4.2 of the Agreement inadvertently states two {2)one-year renewal terms;and
WHEREAS,on November 10,2020,following the determination that the City may
require a greater amount of beds per year than originally anticipated to effectively manage
the rise in demand for said beds,the City executed Amendment No.i to the Agreement,
removing the not to exceed amount inadvertently incorporated in the Agreement and
correcting the renewal terms of the Agreement from a two (2)one-year renewal terms to
two (2)two-year renewal terms with the approval of the City Manager;and
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W HE R E A S ,on December 14,2022,the Mayor and City Commission approved item
C2J,which authorized the increase in the rates by 3%for each additional daytime bed,
pursuant to Section 4.6 of the Agreement,and further authorized the City Manager to
execute the Amendment;and
W H E R E A S ,on April 5,2023,the City executed Amendment No.2 to the Agreement,
adjusting the fixed fee price per bed,per day for the term of the renewal agreement,to
reflect a 3%increase,for a fixed fee price of $30.55 per bed,per day,and to stipulate that
all expenditures are contingent upon annual budget appropriations;and
W HE R E A S ,on December 19,2023,Camillus House presented the Office of
Housing and Community Services with a proposal to increase the City's emergency
shelter bed roster by six (6)beds,for a total of eighteen (18}emergency shelter beds at
the current rate of $30.54 per bed,per day;and
W HE R E A S ,on January 31,2024,the Mayor and City Commission approved item
C2K,authorizing the purchase of six (6)additional emergency shelter beds at the current
rate of $30.54 per bed,per day;and
W HE R E A S ,on March 4,2024,the City executed Amendment No.3 to the
Agreement,increasing the City's emergency shelter bed roster by six (6)beds,for a total
of eighteen (18)emergency shelter beds at the rate of $30.54 per bed,per day;and
W H E R E A S ,on or around June 20,2024,the Contractor notified the City of
significant increases in operational costs that pose challenges in maintaining shelter beds
and related services at the current rate of $30.54,and proposed an increase to the daily
bed rate to $67.44 effective October 1,2024 and
W HE R E A S ,the City indicated to the Contractor that it could not agree to pay a rate
other than the rate required by the Agreement;and
W H E R EA S ,on September 10,2024,the Contractor sent a letter to the City
indicating it would discontinue services effective September 30,2024;and
W H E R EA S ,on September 16,the City notified the Contractor that its September
10,2024 letter constituted an anticipatory breach of the Agreement and demanded that
the Contractor immediately rescind its termination notice and confirm that it would fully
perform its obligations under the Agreement;and
W H E R E A S ,on October 18,2024,the City agreed to amend certain terms of the
Agreement,solely as an accommodaton to the Contractor:and
W H E R E A S ,Section 3.1 of the Agreement is being amended by inserting the
following sentence at the end of such Section:"Notwithstanding anything to the contrary
in this Agreement,if the City elects to exercise its option to extend the Agreement for the
second two-year renewal term.the City and Contractor acknowledge and agree that they
shall negotiate in good faith the rate to apply to beds to be included in the roster of beds.
The Contractor shall provide the City with documentation substantiating the cost of
providing the shelter services,it being understood and agreed that the fee per bed to be
charged will not exceed the actual,direct costs of providing the emergency housing
services.For the avoidance of doubt,any rate increase agreed to by the parties shall only
apply from and after April 1 2025.";and
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WHEREAS,Section 3.2 is being amended to indicate that Contractor may submit a
monthly invoice in advance of providinq services via postal or Electronic (E-mail)mail
forty-five (45)days prior to the month of service,which includes a description of the
Services to be provided in the month of service,including the number of beds,associated
costs,and clients served.if the City and Contractor are unable,despite qood faith efforts,
to agree on a new rate to apply to beds during the second renewal term,such rate to be
based on the actual cost of providing the shelter services.then this Agreement shall
terminate on March 31,2025;and
WHEREAS,"Exhibit A","Scope of Services"is amended to include indication that
the Contractor has requested that the City reduced its bed roster by securing beds with
alternative providers for the remainder of the term ending March 31,2025;if the City
secures shelter beds with alternative providers that are secured specifically to reduce the
current bed roster for the duration of the Agreement,Cam iii us House,Inc.will absorb the
difference in daily bed costs;and
WHEREAS,Section 4.6 of the Agreement,"Changes and Additions",stipulates that
any changes and additions to the terms of the Agreement shall be by a written
amendment,signed by the duly authorized representatives of the City and Contractor,and
that no alteration,change,or modification of the terms shall be valid unless amended in
writing,signed by the parties hereto,and approved by the City;and
WHEREAS,the Administration seeks the authorization of the City Manager to
execute subsequent amendments to the Agreement based on need and budget
appropriation.
NOW THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA,that the Mayor and City
Commission hereby approve Amendment No.4 to the Professional Services Agreement
between the City of Miami Beach and Camillus House,Inc.for Emergency Shelter
Services,amending Section 3.1 of the Agreement,"Fixed Fee,"to stipulate renewal terms
of the Agreement,and amending Section 3.2 of the Agreement,"Invoicing",to permit
advanced payment for shelter bed services and associated costs;authorize the City
Manager and City Clerk to execute the Amendment;and further amend Section 4.6 of the
Agreement,"Changes and Additions,"to authorize the City Manager and City Clerk to
execute subsequent amendments,based on need and budget appropriation.
PASSED AND ADOPTED this 20 day or liven_2 024.
ATTEST,-ll{J
f »NOV 2 2 ..-:3@
C..'V '-,1/-----------,--STEVEN MEINER,MAYOR
APPROVED AS TO
RFLE.GRANADO,CITY CLERK
Sponsored boy Commissioner Alex J.Ferandez FORM &LANGUAGE5-1h)2)/+e2#~--------City Attorrey @gr Date