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96-22087 RESO RESOLUTION NO. 96-22087 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AMENDMENT TO THAT PORTION OF THE AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND MIAMI BEACH DEVELOPMENT CORPORATION (MBDC), DATED OCTOBER 1, 1995, PERTAINING TO THE RAIN EMERGENCY FOOD/MEDICAL/HOUSING ASSISTANCE PROGRAM, TO ADD A CHILD CARE SERVICES COMPONENT, SAID AMENDMENT INCREASING THE FUNDING AMOUNT OF THIS PROGRAM FROM FORTY THOUSAND DOLLARS ($40,000) TO FORTY-EIGHT THOUSAND SEVENTY-FIVE DOLLARS ($48,075); AND AMENDING THE FY 1995/96 ONE-YEAR ACTION PLAN FOR FEDERAL FUNDS. WHEREAS, on October 11, 1995, the Mayor and City Commission approved Resolution No. 95-21764, authorizing the Mayor and City Clerk to execute an agreement between the City of Miami Beach and Miami Beach Development Corporation (MBDC) which, in part, included a funding allocation for the RAIN EMERGENCY FOOD/MEDICAL/HOUSING ASSISTANCE PROGRAM (Agreement); and WHEREAS, pursuant to the Agreement, MBDC received a total amount of forty thousand dollars ($40,000) from Federal Community Development Block Grant (CDBG) Year Twenty-One (21) funds, for the above-stated purpose; and WHEREAS, the Aleph Child Development Center, formerly operated by the Miami Beach Jewish Community Center, terminated its CDBG Sub-recipient Agreement, leaving a balance of Eight Thousand Seventy-five ($8,075) of its CDBG Year 21 child care services allocation of Twenty Thousand Dollars ($20,000); and WHEREAS, MBDC and the City agree to amend the Agreement to increase the funding amount from forty thousand ($40,000) to Forty-eight thousand seventy-five dollars ($48,075) by transferring Eight Thousand Seventy-five Dollars ($8,075) previously allocated to Aleph Child Development Center for child care services; and WHEREAS, this Amendment will provide additional funds for the RAIN EMERGENCY FOOD/MEDICAL/HOUSING ASSISTANCE PROGRAM in order to add a child care component to the scope of services, and WHEREAS, the City also desires to amend the Year Twenty-one (21) FY 1995/96 "One- Year Action Plan" component of the Consolidated Plan to add a child care services component to the RAIN EMERGENCY FOOD/MEDICAL/HOUSING ASSISTANCE PROGRAM. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Clerk are hereby authorized to execute the attached Amendment to the Agreement between the City of Miami Beach and Miami Beach Development Corporation (MBDC); amending that portion of the Agreement pertaining to the RAIN EMERGENCY FOOD/MEDICAL/HOUSING ASSISTANCE PROGRAM to add a child care services component, increasing the funding amount for this program from forty thousand dollars ($40,000) to forty-eight thousand seventy-five dollars ($48,075), by transferring previously allocated and unexpended funds from another child care services provider; and that the FY 1995/96 "One-Year Action Plan" component of the Consolidated Plan is hereby also amended to include the Raindrop Child Care Program. PASSED AND ADOPTED THIS 11 th DAY Oli September ATTEST: ~L<4d-- rtQck CITY CLERK f: \\ \\cah \reso\ra i nd rop. res ( '. . f . i i \v, .u LEG/'Il DEPT. By /fjf fIaIldL-. "', ~I/ '., 2 ~ . ....' ."'-'-..."'.... CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 CITY OF MIAMI BEACH- COMMISSION MEMORANDUM NO. ~ TO: Mayor Seymour Gelber and Members of the City Commission DATE: September 11, 1996 FROM: Jose Garcia-Pedrosa ti City Manager A RESOLUTION OF MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AMENDMENT TO THAT PORTION OF THE AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND MIAMI BEACH DEVELOPMENT CORPORATION (MBDC), DATED OCTOBER 1, 1995, PERTAINING TO THE RAIN EMERGENCY FOOD/MEDICAUHOUSING ASSISTANCE PROGRAM, TO ADD A CHILD CARE SERVICES COMPONENT, SAID AMENDMENT INCREASING THE FUNDING AMOUNT OF THIS PROGRAM FROM FORTY THOUSAND DOLLARS ($40,000) TO FORTY-EIGHT THOUSAND, SEVENTY-FIVE DOLLARS ($48,075); AND AMENDING THE FY 1995/96 ONE-YEAR ACTION PLAN FOR FEDERAL FUNDS. SUBJECT: ADMINISTRATION RECOMMENDATION: The Administration recommends that the Mayor and City Commission adopt the attached Resolution authorizing the Mayor and City Clerk to execute an Amendment to the Agreement with the Miami Beach Development Corporation (MBDC), dated October 1, 1995, to add a child care services component to the RAIN Emergency Food/Medical/Housing Assistance Program, said amendment increases the funding amount for the program from forty thousand dollars ($40,000) to forty-eight thousand seventy-five dollars ($48,075) by transferring previously allocated and unexpended funds from another child care services provider. BACKGROUND: On October 11, 1995, the City of Miami Beach entered into the CDBG Year 21 Sub-Recipient Agreement with MBDC, which in part, includes the RAIN EMERGENCY FOOD/MEDICAUHOUSING ASSISTANCE PROGRAM ("Program") for the provision of services in partnership with RAINmothers of Fienberg/Fisher. The Program was funded with federal Community Development Block Grant (CDBG) funds in the amount of Forty Thousand dollars ($40,000). The Aleph Child Development Center, formerly operated by the Miami Beach Jewish Community Center, terminated their Agreement with the City when the Center closed in June of 1996 leaving a balance of $8,075 from its Year 21 CDBG allocation of $20,000 for child care services. MBDC AGENDA ITEM C-'1A DATE~ COMMISSION MEMORANDUM SEPTEMBER 11,1996 PAGE 2 has requested that the City modify its existing Agreement to transfer these unexpended funds in the amount of $8,075 to MBDC, in order to add a new component to the RAIN EMERGENCY FOOD/MEDICAUHOUSING ASSISTANCE PROGRAM. Child care services will be provided at the Raindrop Child Care Center located at Fienberg/Fisher Elementary School. In accordance with U.S. HUD Regulations, the Year Twenty-one (21) FY 1995/96 "One-Year Action Plan" component of the City's Consolidated Plan must be amended to add a child care services component to the RAIN EMERGENCY FOOD/MEDICAU HOUSING ASSISTANCE PROGRAM. ANALYSIS: The amendment to the "One-Year Action Plan" for FY 1995/96 was advertised, and no comments were received during the required 30-day comment period which ended on September 6, 1996. This amendment was endorsed by the Community Development Advisory Committee (CDAC) at their July 23, 1996 meeting. The Amendment to the Agreement will allow the Miami Beach Development Corporation to add a new component to the RAIN EMERGENCY FOOD/MEDICAUHOUSING ASSISTANCE PROGRAM, in order to provide child care services at the Raindrop Child Care Center located at Fienberg/Fisher Elementary School. CONCLUSION: The Administration recommends adoption of the attached Resolution, authorizing the Mayor and City Clerk to execute an Amendment to the Agreement between the City of Miami Beach and Miami Beach Development Corporation (MBDC), dated October 1, 1995; amending that portion ofthe Agreement pertaining to the RAIN EMERGENCY FOOD/MEDICAUHOUSING ASSISTANCE PROGRAM, to add a child care services component, said amendment increasing the funding amount of this program from forty thousand dollars ($40,000) to forty-eight thousand seventy-five dollars ($48,075) by transferring previously allocated and unexpended funds from another child care services provider; and amending the FY 1995/96 "One-Year Action Plan" for federal funds. JGPIH~DC/CAH Attachments f:\\\cah\reso\raindrop.mem AMENDMENT TO AGREEMENT This Amendment to that certain Agreement, dated October 1, 1995, between the CITY OF MIAMI BEACH, a Florida municipal corporation, having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida 33139, (City) and MIAMI BEACH DEVELOPMENT CORPORATION, (Provider), entered into this 11th day of September , 1996. WITNESSETH: WHEREAS, on October 11, 1995, the Mayor and City Commission approved Resolution No. 95-21764, authorizing the Mayor and City Clerk to execute an Agreement between the City and the Provider (Agreement); and WHEREAS, pursuant to the Agreement the Provider received a total amount of forty thousand dollars ($40,000) from federal Community Development Block Grant (CDBG) Year Twenty-one (21) funds for the purpose of providing services under the RAIN EMERGENCY FOOD/MEDICAL! HOUSING ASSISTANCE PROGRAM; and WHEREAS, the parties now wish to amend the Agreement to increase the funding amount from forty thousand ($40,000) to forty-eight thousand seventy-five dollars ($48,075) by transferring previously allocated and unexpended funds from another child care services provider; and WHEREAS, this Amendment will provide additional funds for the RAIN EMERGENCY FOOD/MEDICAL! HOUSING ASSISTANCE PROGRAM in order to add a child care services component to this Program; and WHEREAS, the Year Twenty-one (21) "One-Year Action Plan" for FY 1995/96 component of the Consolidated Plan is currently being amended to add a child care services component to the RAIN EMERGENCY FOOD/MEDICAL! HOUSING ASSISTANCE PROGRAM. NOW, THEREFORE, the Agreement is hereby amended as follows: 1. SECTION I SCOPE OF SERVICES, page 5, sub-section D, is amended as follows: D RAIN EMERGENCY FOOD/MEDICAL!HOUSING/CHILD CARE ASSISTANCE PROGRAM - $48.075 570.201 (e) /570.208 (a) (2) 1. The Provider, in partnership with the RAINmothers of Fienberg/Fisher, agrees to implement the program as follows: a. Interview and provide assistance to approximately 400 low/moderate income-eligible Miami Beach families, through the provision of 800 mini- grants for food, medical and housing needs; and to add a new component that will provide child care services at the Raindrop Child Care Center located at Fienberg/Fisher Elementary School. b. Continue to provide part-time employment to three (3) low/moderate income elementary school parents. 2. SECTION VI METHOD OF PAYMENT, page 16, sub-section A, is amended as follows: A. It is expressly understood and agreed that the total compensation to be paid hereunder for actual expenditures incurred shall not exceed Four Hundred Sixty-eight Thousand Seventy-five dollars ($468,075), for the following programs: Commercial Property Development and Rehab Grants ($170,000 plus unexpended prior year capital funds. These carry-over funds are for hard costs, Le. physical improvements only. No salaries or administrative costs can be paid with these carry-over funds). Scattered Sites-Affordable Housing ($225,000), Rehabilitation of Multi-Family Rental Housing ($25,000), and RAIN Emergency Food/MedicaIlHousing/Child Care Assistance ($48,075). Such compensation shall be paid in accordance with the budget attached hereto and made a part hereof as Appendix 1. 3. SECTION XIII LIMITATION OF LIABILITY, page 22, is amended as follows: The City desires to enter into this Agreement only if in so doing the City can place a limit on City's liability for any cause of action for money damages due to an alleged breach by the City of this agreement, so that its liability for any such breach never exceeds the sum of $468,075 plus unexpended prior year capital funds. Provider hereby expresses its willingness to enter into this Agreement with Provider's recovery from the City for any damage action for breach of contract to be limited to a maximum amount of $468,075 plus unexpended prior year capital funds, less the amount of all funds actually paid by the City to Provider pursuant to this Agreement. Accordingly, Provider hereby agrees that the City shall not be liable to Provider for damages in an amount in excess of $468,075 plus unexpended prior year capital funds which amount shall be reduced by the amount of funding actually paid by the City to Provider pursuant to this Agreement, for any action or claim for breach of contract arising out of the performance or nonperformance of any obligations imposed upon the City by this Agreement. Nothing contained in this subparagraph or elsewhere in this Agreement is in any way intended to be a waiver of the limitation placed upon 2 City's liability as set forth in Florida Statutes, Section 768.28. 4. All other terms and conditions of the Agreement between the City and the Provider shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to the Agreement to be executed by their duly authorized officials on the day first above indicated. Rob6"- f~ CITY CLERK ATTEST: MIAMI BEACH DEVELOPMENT CORPORATION -~ /'"" c ,-?/ f: \\ \cah\resa\raind rap. amd 1\.'. LEG~ By At/. " _. ~.~t(; ~/?C __ 3