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Amendment No. 1 to the Agreement with the Salvation Army 20l7= 30000 sr AMENDMENT NO. 1 TO THE AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND THE SALVATION:ARMYA GEORGIA CORPORATION FOR EMERGENCY SHELTER SERVICES This. Amendment No. 1 .. Amendment to the Agreement between the City of Miami Beach and the Salvatiot f}�9�t9P Rgt'y Stigpr Services, dated March 21, 2018 (the Agreement) is entered into this 2.54 day of triSib407 , 201 (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 (City), and The Salvation Army, a Georgia non-profit corporation, having its principal place of business at 1424 N.E. Expressway, Atlanta, GA 30329 (Contractor), and hereby amends the Agreement as follows:.. RECITALS WHEREAS, on September 25, 2017, the Mayor and City Commission adopted Resolution Number 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 Contractor executed the Agreement, which services include emergency housing and emergency shelter beds, as set forth in Exhibit A and Exhibit B of the Agreement; and WHEREAS, Section 3.1 established a "not-to-exceed" limitof two hundred twenty-seven thousand one hundred eighty-four dollars and ninety-four cents ($227,184.94) for year one (1), two hundred thirty-four thousand dollars and forty-nine. cents ($234,000.49) for year two (2), two hundred forty-one thousand twenty dollars and fifty-one cents (241,020.51) for year three (3), two hundred forty-eight thousand two hundred fifty-one dollars and twelve cents ($248,251.1.2) for year four (4), and two hundred fifty-five thousand six hundred ninety-eight dollars and sixty-five cents ($255,698.65) for year five (5), for 20 beds per year; and WHEREAS, the City may require a greater amount of beds per year than was originally anticipated if it is to effectively manage the rise in demand for said beds and the City :Commission-approved resolution:did not stipulate a "not-to-exceed" amount; and . • 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 Consultant 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. The Agreement is hereby modified (deleted items struck through and inserted items underlined) as follows: (a) Section 3.1 of the Agreement is hereby modified to read as follows: For the term of this Agreement, the City agrees to pay a fixed fee.of $31.12 per bed, per day, for a minimum of twenty (20) beds, in an amount not to exceed -- - . - ._ a-- - e• -- - - •- Ninety Four Cents ($227,184.94) per year for year one of this Agreement, to be used by Contractor to provide Emergency Shelter Services (such Services as set forth in Exhibit."A" and "B" hereto). In Year Two, the fixed fee shall be $32.05 per bed, per day, for a minimum of twenty (20) beds, '• -- -••e-• •e - ---e Two -- Two Hundred Thirty Four Thousand Dollars Forty Nine Cents (234,000.49). In. Year Three, the fixed fee shall be $33.02 per bed, per day, for :a minimum of twenty (20) beds '- _ ••e.- : - ---e ._ -- -e _: e . . . - Twentye--Dollars and.Fifty Onc Cents ($241,020.51). In Year Four, the fixed fee shall be $34.01 per bed, per day, for a minimum of twenty (20) beds,—in an One Dollars and Twelve Cents ($218,251.12). In Year Five, the fixed fee shall be $35.03 per bed, per day, for a minimum of twenty (20) beds, in an amount not to Sixty Five Cents ($255,698.65). Additional ten (10) beds may be purchased at the same rate per day, per bed, if requested by City and available. All expenditures are contingent upon annual budget appropriation. (b) Section 4.2 of the Agreement is hereby modified to read as follows: . The term of this Agreement shall commence upon execution of this Agreement by all parties hereto, as set forth in the Effective Date on page°1 hereof, and shall continue, for five (5)years, unless otherwise terminated by the City. The terms of this Agreement can be extended for an additional two (2), one (1) two (2) year terms with the approval of the City Manager. 3. RATIFICATION. . Except as amended herein, all other terms and conditions of the Agreement shall remain unchanged and in full force and effect. In the event there is a conflict between the provisions of this Amendment and the Agreement, the provisions of this Amendment shall govern. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed by their appropriate officials, as of the date first entered above. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.: FOR CITY:• CITY OF MIAMI BEACH, FLORIDA ATTEST: By: lid Raf el E. Granado, City Clerk Jim� L. M•rales, City Manager Z28 • Date ? .• °V, INCORP OR`•A T��-ED` *r ,41 FOR CONTRACTOR: SALVATION ARMY, A.GA CORP., FOR o � ' `'f �j��T,HE SALVATION.ARMY OF MIAMI, FL ATTEST: T ofir Secretary Ixre,gi¢e r Tr:asurer " ' CHARLES POWELL JAME .SEILER Print Name FEB 2 .1 2019 Print Name Date APPROVED.AS TO FORM & LANGUAGE & FOR XECUTION• n c2 I coy Attorney Date F:ATTO/T'ORG\GISELA\FORMS\AMENDMENTSWMENDMENTTEMPLATE 4.0 Ca m. l!, ` v►I\\ VAT 10� - - THE SALVATION ARMY POLICY STATEMENT ON RELATIONSHIPS WITH OTHER GROUPS AND ORGANIZATIONS The Salvation Army in the United States works cooperatively with many groups - governmental, social service, civic,religious,business,humanitarian, educational, health, character building,and other groups -in the pursuit of its mission to preach the Christian Gospel and meet human need. Any agency, governmental or private,which enters into a contractual or cooperative relationship with The Salvation Army should be advised that: 1. The Salvation Army is an international religious and charitable movement, organized and operated on a quasi-military pattern, and is a branch of the Christian church. 2. All programs of The Salvation Army are administered by Salvation Army Officers,who are ministers of the Gospel. 3. The motivation of the organization is love of God and a practical concern for the needs of humanity. 4. The Salvation Army's provision of food, shelter,health services, counseling, and other physical, social, emotional,psychological and spiritual aid, is given on the basis of need, available resources and established program policies. Organizations contracting and/or cooperating with The Salvation Army may be assured that because The Salvation Army is rooted in Christian compassion and is governed'by Judeo-Christian ethics, The Salvation Army will strictly observe all provisions of its contracts and agreements. Commissioners Conference: May-96