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
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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
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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
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