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RESOLUTION 92-20559 s S • RESOLUTION NO. 92-20559 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND THE MIAMI BRIDGE, INC. , A NON-PROFIT CORPORATION, FOR THE PURPOSE OF FUNDING ITS EMERGENCY SHELTER FOR HOMELESS YOUTH, AGES 10-17. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA; WHEREAS, the City duly submitted its Fiscal Year (FY) 1992 Emergency Shelter Grant Program (ESGP) application to the United States Department of Housing & Urban Development (HUD) for a total of $46, 000; such application being approved by HUD on February 13 , 1992 , under Grant No. S-92-MC-12-0007; and WHEREAS, there is no shelter currently in operation within the City of Miami Beach; and WHEREAS, Miami Bridge, Inc. is currently in operation and its facility is in need of funding; and WHEREAS, the City desires to enter into an agreement with the Miami Bridge, Inc. to operate its emergency shelter for homeless youth, ages 10-17, and to provide essential support services to its clients, for the period July 1, 1992 , through December 31, 1992 ; and WHEREAS, the Miami Bridge, Inc. will receive a total amount of $43 , 700 from the ESGP to be used for the above stated purposes; and WHEREAS, these funds are conditional upon the approval and release of funds from HUD; and WHEREAS, the City Manager has recommended to the City Commission that said Agreement be entered into; and WHEREAS, an appropriate Agreement has been prepared which sets forth the terms and conditions of said project and this Agreement has been approved as to legal form and sufficiency by the City Attorney; and WHEREAS, the City Commission deems it to be in the best interests of the City that said Agreement be entered into. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Clerk are hereby authorized and directed to execute an Agreement with the Miami Bridge, Inc. , on behalf of the City, and the disbursing officers of the City are hereby authorized and directed to disburse the funds required by the terms of said Agreement from ESGP funds hereafter allocated for said purpose. PASSED AND ADOPTED THIS 22nd DAY OF July 1992 . ar/1 7YOR ATTEST: ‹;r, FORM APPROVED CITY CLERK LEG DEPT. By Olijir /6 . Date 7 ›/Y-.2" 1 • CITY OF MIAMI BEACHtr11:1 CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673-7010 FAX: (305) 673-7782 COMMISSION MEMORANDUM NO. C7-9'i DATE: July 22 , 1992 TO: Mayor Seymour Gelber and Members of the City Commission FROM: Roger M. Cant City Manager , tt' SUBJECT: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND THE MIAMI BRIDGE, INC. , A NON-PROFIT CORPORATION, FOR THE PURPOSE OF FUNDING ITS EMERGENCY SHELTER FOR HOMELESS YOUTH, AGES 10- 17 . ADMINISTRATION RECOMMENDATION: To adopt the attached Resolution authorizing the Mayor and the City Clerk to execute an agreement with the Miami Bridge, Inc. for operating costs and essential support services at its emergency shelter for homeless youth in the amount of $43 ,700, for the period July 1, 1992 , through December 31, 1992 . BACKGROUND: Since FY 1987, we have awarded funds to the Miami Mission Association, Inc. (MMA) , an emergency shelter for homeless women and children located within the boundaries of the City of Miami. In exchange, the City mandated in its agreement provisos for priority placement of its homeless women and children at the shelter. At the close of FY 1991, MMA advised us that they would not seek funding again under this federal program for the ensuing year. This decision was based on MMA's desire to conduct religious teaching and counseling services. As a subrecipient of federal funds, this activity would be prohibited as it violates rights guaranteed under the First Amendment, i.e. , separation of church and state. Regrettably, our contractual relationship was concluded and we were faced with finding a new provider. Therefore, on January 22 , 1992 , an agenda item was prepared apprising you of the situation; authorizing us to submit an annual application to the U. S. Department of Housing & Urban Development (HUD) for continued funding under the Emergency Shelter Grant Program (ESGP) in the amount of $46, 000 for Fiscal Year (FY) 1991- 92 ; and outlining our need to solicit request for proposals (RFPs) through a competitive process to secure a new service provider. In turn, Resolution No. 92-20430 was adopted confirming these actions. • FY 1992 marks our sixth year as an entitlement community under this program. Our application to HUD was accepted and approved on February 13 , 1992 . AGENDA ITEM DATE - 22 • COMMISSION MEMO JULY 22, 1992 PAGE 2 We then proceeded to advertise the availability of these funds on March 1, 1992 ; RFP packets were available to the public on March 6, 1992 . Replies were to be received by the City on or before April 8, 1992 . To ensure adequate participation and response, outreach efforts were launched through letters and phone calls to ten (10) emergency shelters based on an inventory supplied to us by the Miami Coalition for the Homeless. We also provided the Coalition with a courtesy copyof our RFP. Four responses were received by the submission deadline. ANALYSIS: We then enlisted the assistance of the Mayor's Task Force by asking members of its subcommittee on the homeless to jointly evaluate and rank the responses received. Mr. Leonard Turkel is its chairman and serves along with Dr. Stephen Holloway. These gentlemen along with two representatives of the E&CD Department, comprised the ESGP Selection Committee which met at a duly noticed meeting on May 5, 1992 . Our consensus was to negotiate with Miami Bridge, Inc. , a private not-for-profit shelter for homeless youth, ages 10-17, and Beckham Hall, a shelter operated by Metro-Dade County for homeless adult men. Both shelters are located within the corporate limits of the City of Miami. Immediately thereafter, Administration commenced negotiations with the two recommended providers. On-site visits to both facilities were conducted. We successfully negotiated two separate contracts with these providers which established quantifiable and measurable service benchmarks commensurate to the level of funding received. For example, providers would be asked to serve a minimum number of clients for the contract period-- July 1, 1992 , through December 31, 1992 . They would also be held accountable for developing an outreach plan to accurately measure our homeless population and the number of clients served at their respective shelter. At this point, one item remained to be resolved to close our negotiations. It involved a third party, i.e. , the City of Miami. As both shelters are physically located within the City of Miami, U. S. HUD requires that any activity conducted within a jurisdiction's boundaries, be done so with their concurrence. The City of Miami informed us that they would sanction our contract with Miami Bridge, Inc. , but not with Beckham Hall. CONCLUSION: At this juncture, we lack sufficient time to readvertise the RFP, as these funds must be committed on or before August 12 , 1992 . Therefore, the City must enter into an agreement with a qualified service provider or face deobligation of the $46, 000 grant award. It is our recommendation that the City enter into an agreement with the Miami Bridge, Inc. for the period July 1, 1992 , through December 31, 1992, in the amount of $43 , 700. The balance remaining of the grant award, $2, 300 will be retained by the City to offset grant administration costs associated with this federal program. This is permissible under the grant guidelines. f HSM:DJJ:mc AGREEMENT This Agreement is entered into this 30th day ofJuly , 1992 , by and between the City of Miami Beach, a Florida municipal corporation, having its principal office at 1700 Convention Center Drive, Miami Beach, Florida, hereinafter referred to as the "City" , and the Miami Bridge, Inc. , having its principal office at 1149 Northwest 11th Street, Miami, Florida, hereinafter referred to as the "Provider. " WITNESSETH: WHEREAS, the City has entered into an agreement with HUD for the purpose of implementing the Program with federal financial assistance under Title IV of the Stewart B. McKinney Homeless Assistance Amendments Act of 1988, PL 100-628 (8/10/88) , as amended; and WHEREAS, the City has determined through Resolution Number 92- 20430 adopted on January 22 , 1992 , the necessity for providing emergency shelter assistance for Miami Beach' s homeless youth ages 10-17 ; and WHEREAS, the City desires to engage the Provider to render certain services in connection therewith: NOW THEREFORE, the parties hereto agree as follows: SECTION I: SCOPE OF SERVICES 1. To operate the Miami Bridge, Inc. 's twenty-four hour emergency shelter for homeless youth ages 10-17, presently located at 1149 Northwest 11th Street, Miami, Florida, scheduled to relocate to its new facility at. 2800 Northwest South River Drive, Miami, Florida, during the contract period. 2 . Priority placement shall be given to Miami Beach' s homeless youth ages 10-17 at the shelter commensurate to the level of funding provided under this agreement. The provider further agrees to serve two (2) homeless youth per month from Miami Beach. In the event that space is available during any given month, and no clients are referred for intake, the provider shall not be held in breach of contract for non-performance. In any event, the aggregate number of clients served during the contract period shall not be less than twelve (12) . 3 . There will be no charge to the youth utilizing such facility. 4 . The youth served in residence will receive a range of basic services, as applicable. These services may include food, clothing, access to medical assistance, professional counseling aimed at family reunification, follow-up counseling aimed at strengthening and preserving the united family unit, classroom instruction provided on-site by the Dade County Public School Office of Alternative Education, leisure time activities, and access to transportation for youth from out- of-town to return home. 5 . The City' s Program funds will be used to assist in the operation of the facility, but be limited to these line items of expense: maintenance, operation, administration, rent, repair, security, fuels, equipment, insurance, utilities, and furnishings, not to exceed $30, 600. The balance shall be earmarked for the provision of new essential support services to homeless youth and youth at-risk of homelessness on Miami Beach, not to exceed $13 , 100. Teams of Intervention Specialists under the direction of an Intervention Specialist Supervisor will provide nine-hundred (900) hours of outreach counseling and education to the target population. 6 . It will be the responsibility of the Provider to properly tag and identify all equipment and furniture that is purchased through this grant and to maintain an up-to-date inventory. 2 SECTION II: CONDITION OF SERVICE The Provider hereby agrees to the following: 1. The Program shall serve homeless youth ages 10-17 within Dade county, with priority placement given to Miami Beach homeless youth as outlined in Section I of the Agreement. 2 . The Provider shall maintain in its file the documentation on which basis it determines that the project benefits low and moderate income persons, minorities and clients referred from Miami Beach. Such records shall include, but not be limited to client profiles identifying income, ethnicity, race, gender, age, and area benefit data, as required. Income verification for youth served under this contract shall be based upon federal guidelines followed by the State of Florida Department of Education in its determina-tion of eligible students for free and/or reduced school meals. 3 . An outreach plan designed to ensure equitable participation by all eligible Miami Beach referral agencies shall be submitted to the City by August 21, 1992 . 4 . The Provider shall maintain a citizen participation mechanism, which will include, but not be limited to the following: A. Logging citizen comments or complaints when received. B. Copies of comments and/or complaints received in writing. C. Copies or responses to complaints and/or explanations of resolutions to complaints. 5. The Provider shall comply with the following attachments to the Office of Management and Budget (OMB) Circular No. A-110, 3 "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit Organizations" , incorporated by reference into this Agreement. A. Attachment A, "Cash Depositories", except for paragraph 4 concerning deposit insurance. B. Attachment E, "Bonding and Insurance" . C. Attachment C, "Retention and Custodial Requirements for Records" , except that in lieu of the provisions in paragraph 4 , the retention period for records pertaining to individual ESGP activities starts from the date of submission of the annual performance report in which the specific activity is reported on for the final time. D. Attachment F, "Standards for Financial Management Systems" . E. Attachment H, "Monitoring and Reporting Program Performance" , paragraph 2 . F. Attachment N, "Monitoring Management Standards", except for paragraph 3 concerning the standards for real property and except that paragraphs 6 and 7 are modified so that in all cases in which personal property is sold, the proceeds shall be "program income" and that personal property not needed by the sub-recipient for ESGP activities shall be transferred to the recipient for the ESGP Program or shall be retained after compensating the recipient. G. Attachment 0, "Procurement Standards" . 4 6. The Provider shall comply with the requirements and standards of the Office of Management and Budget (OMB) Circular No. A- 122 , "Cost Principles for Non-Profit Organizations" , or OMB Circular No. A-21 "Cost Principles for Educational Institutions" , as applicable, incorporated by reference into this Agreement. 7 . The Provider shall abide by those provisions of 24 CFR Part 570 Subpart J, when applicable, incorporated by reference into this Agreement. 8 . No expenditures or obligations shall be incurred for the program prior to approval and release of funds from the Department of Housing and Urban Development. Further, it is expressly understood that in the event no funds are released from the Department of Housing and Urban Development in connection with this Program, then this contract shall be automatically terminated with neither party having any further liability to the other, except for Provider' s obligation to maintain and produce records and to indemnify the City for any actions occurring prior to that date. 9 . The Provider shall certify, pursuant to Section 109 of the Act, that no person shall be denied the benefits of the program on the ground of race, color, national origin or sex. 10. The Provider agrees that to the extent that it staffs the Program with personnel not presently employed by said party, it will take Affirmative Action in attempting to employ low income persons. 11 . The Provider agrees to provide the required matching funds as detailed in Appendix 3 . 5 12 . The Provider shall comply with the provisions of 24 CFR 570. 504 (c) , "Program Income" , gross income directly generated from the use of ESGP funds. The City allows the Provider to retain program income and these funds shall be expended for ESGP eligible activities, previously approved by the City in accordance with the projected accomplishments and budget descriptions attached to this Agreement. 13 . The Provider shall comply with First Amendment Church/State principles, as follows: A. It will not discriminate against any employee or applicant for employment on the basis of religion and will not limit employment or give preference in employment to persons on the basis of religion. B. It will not discriminate against any person applying for public services on the basis of religion and will not limit such services or give preference to persons on the basis of religion. C. It will provide no religious instruction or counseling, conduct no religious worship or services, engage in no religious proselytizing, and exert no other religious influence in the provision of shelter and other eligible activities. 14 . The Provider shall transfer to the City upon expiration of this Agreement, any ESGP funds on hand at the time of expiration and any accounts receivable attributable to the use of ESGP funds. SECTION III: TERM OF AGREEMENT This Agreement shall be deemed effective upon approval and release of funds by HUD and being duly executed by both parties, whichever 6 is later. This project shall become operational as of July 1, 1992 , through December 31, 1992 . 1. The Provider shall ensure the following when entering into a sub-contract agreement: A. The full correct legal name of the party shall be identified. B. The "Scope of Services" shall describe the activities to be performed. C. The amount of the sub-contract agreement, price components, method of payment, and funding sources shall be detailed. D. A provision requiring compliance with all regulatory requirements of this Agreement shall be incorporated. E. Written approval from the City shall be received prior to any expenditures being incurred under the sub-contract agreement. Failure to obtain prior approval will release the City of any obligation to reimburse the Provider for any costs incurred. 2 . The provider shall maintain sufficient records to determine compliance with the requirements of this Agreement, the Emergency Shelter Grant Program, and all applicable laws and regulations. This documentation shall include, but not be limited to, the following: A. Books, records and documents in accordance with generally accepted accounting principles, procedures and practices which sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by this Agreement, including matching funds and program income. 7 B. Time sheets for split-funded employees, which work on more than one activity, in order to record the ESGP activity delivery cost by project and the non-ESGP related charges. 3 . The Provider is responsible for maintaining and storing all records pertinent to this Agreement in an orderly fashion in a readily accessible, permanent and secured location for a period of three (3) years after expiration of this Agreement, with the following exception: if any litigation, claim or audit is started before the expiration date of the three year period, the records will be maintained until all litigation, claims or audit findings involving these records are resolved. The City shall be informed in writing after close-out of this Agreement, of the address where the records are to be kept. SECTION IV: TERMINATION The City and the Provider agree that this Agreement may be terminated by either party hereto by written notice to the other party of such intent to terminate at least thirty (30) days prior to the effective date of such termination. 1 . This Agreement may be terminated in whole or in part, for convenience, when both parties agree upon the termination conditions. A written notification shall be required and shall include the following: reason for the termination, the effective date, and in the case of a partial termination, the actual portion to be terminated. However, i f, in the case of a partial termination, the City determines that the remaining portion of the Agreement will not accomplish the purposes of such Agreement, the City may terminate such in its entirety. The City shall notify the Provider in writing when sufficient cause is found for termination of the Agreement. The Provider shall be given fifteen (15) days in which to reply prior to final action being taken by the City. 8 2 . The City may suspend or terminate payment of this project in whole, or in part, for cause. Cause shall include: A. Failure to comply and/or perform in accordance with this Agreement. B. Submission to the City of reports which are late, incorrect or incomplete in any material respect. C. Implementation of this Agreement, for any reason, is rendered impossible or infeasible. D. Failure to respond in writing to any concerns raised by the City, including substantiating documents when required/requested by the City. E. Any evidence of fraud, mismanagement, and/or waste, as determined by the City's monitoring of the sub-recipient, and applicable HUD rules and regulations. 3 . The City shall notify the Provider in writing when the Provider has been placed in default. Such notification shall include actions taken by the City, such as withholding of payments, actions to be taken by the Provider as a condition precedent to clearing the deficiency and a reasonable date for compliance, which shall be no more than fifteen (15) days from notification date. Let it be further understood that upon curtailment of, or regulatory constraints placed on, the funds by the Department of Housing and Urban Development, this Agreement will automatically terminate effective as of the time that it is determined such funds are no longer available, and neither party shall have any further liability to the other, except for Provider's obligation to maintain and produce records and to indemnify the City for any actions occurring prior to that date. 9 4 . Costs of the Provider resulting from obligations incurred during a suspension or after termination, are not allowable unless the City expressly authorizes them in the notice of suspension or termination or subsequently. Other costs during suspension or after termination which are necessary and not reasonably avoidable are allowable if: A. The costs result from obligations which were properly incurred before the effective date of suspension or termination, are not in anticipation of it, and in the case of termination, are noncancelable, and B. The costs would be allowable if the award were not suspended or expired normally at the end of the Agreement in which the termination takes effect. Upon termination of the Agreement, the Provider and the City shall meet to determine if any amounts are to be repaid to the City or if additional amounts are due the Provider. SECTION V: AMENDMENTS Any alterations, variations, modifications or waivers of this Agreement shall only be valid when they have been reduced to writing and duly signed by both parties. Any changes which do not substantially change the scope of the project and/or the Project Implementation Schedule or increase the total amount payable under this Agreement, shall be valid when reduced to writing and signed by the City Administration and the Provider. SECTION VI: METHOD OF PAYMENT It is expressly understood and agreed that the total compensation to be paid hereunder for expenditures incurred shall not exceed 10 Forty-Three Thousand Seven-Hundred Dollars ($43 ,700) for the Miami Bridge, Inc. emergency shelter for homeless youth. 1. The Provider shall submit requests for payment for actual expenditures incurred no more than once per month and no later than the twentieth (20th) day of the succeeding month. Original receipts must accompany all requests for reimbursement. The City will provide reimbursement, upon approval, within ten (10) working days after receipt of the same, if submitted by the deadline date for inclusion on the drawdown request. 2 . The City agrees to pay Provider for expenditures incurred under this contract in accordance with the Budget and Project Implementation Schedule attached hereto and made a part hereof as Appendices 1 and 2 . SECTION VII: CONFLICT OF INTEREST The Provider covenants that no person, under its employ who presently exercises any functions or responsibilities in connection with Emergency Shelter Grant Program-funded activities, has any personal financial interests, direct or indirect, in this Agreement. The Provider covenants that in the performance of this Agreement no person having such conflicting interest shall be employed. Any such interest on the part of the Provider or its employees shall be disclosed, in writing, to the City. SECTION VIII: INDEMNIFICATION AND INSURANCE The Provider hereby agrees to indemnify, defend and hold the City and its employees, agents and authorized representatives harmless with respect to any and all costs, claims, damages and liability which may arise out of the performance of this Agreement as a result of any negligent or intentional acts, errors or omissions of 11 the Provider, or the Provider's sub-contractors, if any, or any other person or entity under the direction or control of the Provider. The Provider shall pay all claims and losses arising out of Provider's negligent or intentional acts, errors, or omissions and shall defend all suits, in the name of the City, its employees, agents and authorized representatives when applicable, including appellate proceedings, and shall pay all costs, judgments and attorneys ' fees which may issue thereon. The Provider, through an insurance carrier, shall provide a General Liability Policy with coverage for Bodily Injury and Property Damage, in an amount not less than $500, 000 combined single limit (with blanket contractual liability coverage to cover the above indemnification) ; and the City of Miami Beach shall be named as an additional insured followed by the statement: "This coverage is primary to all other coverage carried by the City covering this specific agreement only." The Provider shall hold proof of Workers ' Compensation Coverage as per statutory limits of the State of Florida. Automobile and vehicle coverage shall be required when the use of automobiles and other vehicles are involved in any way in the performance of the Agreement. The Provider' s insurance requirements shall be provided by an ORIGINAL Certificate of Insurance. All insurance coverage shall be approved by the City' s Risk Manager prior to the release of any funds under this Agreement. Further, in the event evidence of such insurance is not forwarded to the City's Risk Manager within thirty (30) days after the execution of this Agreement, this Agreement shall become null and void and the City shall have no obligation under the terms thereof unless a written extension of this thirty (30) day requirement is secured from the City' s Risk Manager. SECTION IX: REPORTING AND EVALUATION REQUIREMENTS Maintaining credibility for the Program effort rests heavily on the progress in accomplishing scheduled activities. An effective 12 method for maintaining project progress against a previously established schedule is through project evaluation and reporting, which will consist of both written reports and staff discussions on a regular basis including meetings with all parties of interest attending for the purpose of insuring effective contract execution. The Provider also assures prompt and efficient submission of: 1. Quarterly Reports, which are due no later than five (5) days after the quarters ended September 30, and December 31, 1992 , respectively. Quarterly reports shall contain quantifiable accomplishments on aggregate programmatic performance and at a minimum will detail client profiles as specified in Section II . 2 ; clients served; units and types of client services provided; period (days/months) of client residency in the program; and source for client referral to the program. A financial accounting from inception to date of expenditures incurred, and encumbrances reserved in comparison to the adopted operating program budget shall also be included in the quarterly report. These reports shall be in a format mutually acceptable to both parties utilizing the provider' s computerized case management system. 2 . Annual Performance Reports, which must include cumulative documentation on the obligation and expenditure of funds and client service records as specified in Section IX. 1 for the preceding quarters previously reported. This report will be due on/or before January 15, 1993, in the manner prescribed by the City and mutually agreed upon by both parties. 3 . Other Reporting Requirements may be required by the City in the event of program changes and/or legislation amendments. The Provider shall be informed, in writing, if any changes become necessary. 13 SECTION X: AUDIT AND INSPECTION At any time during normal business hours and as often as the City and/or Federal Government representatives may deem necessary, there shall be made available to the City and/or the Federal Government to review, inspect or audit of all records, documentation and any other data relating to all matters covered by the Agreement. An annual organization audit shall be submitted to the City 120 days after the end of the Provider's fiscal year. The audit shall be performed in accordance with OMB Circular A-110 Attachment F, OMB Circular A-133 or OMB Circular A-128, as applicable. If this Agreement is closed-out prior to the receipt of an audit report, the City reserves the right to recover any disallowed costs identified in an audit after such close-out. SECTION XI: COMPLIANCE WITH LOCAL, STATE & FEDERAL REGULATIONS The Provider agrees to comply with all applicable federal regulations as they may apply to program administration. Additionally, the Provider will comply with all state and local laws and ordinances hereto applicable. SECTION XII: ADDITIONAL CONDITIONS AND COMPENSATION It is expressly understood and agreed by the parties hereto that monies contemplated by this Agreement to be used for the compensation, originated from grants of Federal Emergency Shelter Grant Program Funds. It is expressly understood and agreed that in the event of curtailment or non-production of said Federal Grant Funds, that the financial sources necessary to continue to pay the Provider compensation will not be available and that this Agreement will thereby terminate effective as of the time that it is determined that said funds are no longer available. 14 In the event of such determination, the Provider agrees that it will not look to, nor seek to hold liable, the City of Miami Beach or any individual member of the City Commission thereof personally for the performance of this Agreement and all of the parties hereto shall be released from further liability each to the other under the terms of this Agreement. SECTION XIII: LIMITATION OF LIABILITY 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 $43 ,700. 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 $43 , 700, 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 $43 ,700 which amount shall be reduced by the amount of the 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 City's liability as set forth in Florida Statutes, Section 768 . 28 . SECTION XIV: ARBITRATION Any controversy or claim for money damages arising out of or relating to this Agreement, or the breach hereof, shall be settled 15 by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, and the arbitration award shall be final and binding upon the parties hereto and subject to no appeal, and shall deal with the question of the costs of arbitration and all matters related thereto. In that regard, the parties shall mutually select one arbitrator, but to the extent the parties cannot agree upon the arbitrator, then the American Arbitration Association shall appoint one. Judgment upon the award rendered may be entered into any court having jurisdiction, or application may be made to such court for an order of enforcement. Any controversy or claim other than a controversy or claim for money damages arising out of or relating to this Agreement, or the breach hereof, including any controversy or claim relating to the right to specific performance, shall be settled by litigation and not arbitration. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officials on the day and date first above indicated. ATTEST: CITY OF MIAMI BEACH, FLORIDA )\‘1N17— f--/ /),(WA/-1; 7&//6-(.. Ys4)°at( y 1 1 - I 'D/Ii-,1-trd CITY CLERK OR WITNESSES: MIAMI B' 'AGE, INC. If 4a4;1- ,UTHORIZ • SIGNATOR Maxine Thurston, Executive Director" FORM APPROVED LEGA. DEPT. Date 7 5 72 16 APPENDIX 1 Miami Bridge, Inc. City of Miami Beach Emergency Shelter Grant Budget July 1, 1992 - December 31, 1992 Expenditures Six Months Monthly Administrative Support Srvs. 5,700.00 950.00 Administrative Transportation 800.00 133.33 Client Recreation 1,200.00 200.00 Client Supplies 2,900.00 483. 33 Client Transportation 1,200.00 200 .00 Educational Supplies 1,200.00 200.00 ` Facility Maintenance 1,200.00 200.00 Food & Beverage 2 ,410.00 401.67 Housekeeping & Cleaning 1,200.00 200.00 Insurance Liability/Vehicle 3,500.00 583. 33 *Intervention Specialists 12, 100.00 2,016.67 *Intervention Specialist Supvsor. 1,000.00 166.67 Kitchen Supplies 1,200.00 200.00 Laundry & Linen 1,200.00 200.00 Office Supplies 650.00 108. 33 Postage 240.00 40.00 Rent 1,200.00 200.00 Telephone 2,400.00 400 .00 Utilities 2,400.00 400.00 Totals 43,700.00 7 ,283.33 *Esaential Services • Miami Bridge, Inc. City of Miami Beach Emergency Shelter Grant July 1, 1992 - December 31, 1992 IMPLEMENTATION STEPS JUL AUG SEPT OCT NOV DEC JAN DESIGN OUTREACH PLAN - -. DEVELOPED p X PRINTED MATERIALS X CONTACT REFERRAL SOURCES X X UISTRIEUTg PRINTED MATERIALS X X CLIENT INTAKE SHIT MONTHLYX X X X X REIMBURSEMENT X X X X SUBMIT QUARTERLY REPORT X X X X X SUBMIT FINAL REPORT x • APPENDIX 3 Miami Bridge, Inc. City of Miami Beach Emergency Shelter Grant July 1, 1992 - December 31, 1992 Source of Matching Funds TOTAL TIME MATCH ANNUAL SALARIES ASSISTANT DIRECTOR $38,000 20% $7,600 COORDINATOR, RESIDENTIAL SERVICES $33,000 20% $6,600 COORDINATOR, SOCIAL SERVICES $33,000 20% $6,600 (2) SOCIAL WORKERS $56,000 20% $11,200 HOUSE MANAGER ( 7 A.M. - 3 P.M. ) $20,000 25% $5,000 HOUSE MANAGER (3 P.M. - 11 P.M. ) $18,200 25% $4,550 YOUTH CARE WORKER II ( 11 P.M. - 7 A.M. ) $14,000 25% $3,500 TOTAL $212_,200 4 5 0 5 0 ORIGINAL RESOLUTION NO. 92-20559 Authc _;-izir.g and directing the execution of an a.c-ireement between the City of Miami ImpairmitBeach and the Miami Bridge, Inc. , a non-profit corporation, for the purpose of funding its emergency shelter for homeless youth, ages 10-17.