97-22475 RESO
RESOLUTION NO. 97-22475
A RESOLUTION OF THE MA VOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE AN
AMENDMENT TO THE AGREEMENT BETWEEN THE CITY
OF MIAMI BEACH AND BETTER WA V OF MIAMI, INC.;
SAID AMENDMENT INCREASING THE TOTAL FUNDING
AMOUNT FROM THIRTY-FIVE THOUSAND SIX HUNDRED
TWENTY-FIVE DOLLARS ($35,625) TO FORTY-TWO
THOUSAND SIX HUNDRED THREE DOLLARS ($42,603);
WITH THE SOURCE OF ADDITIONAL FUNDS IN THE
AMOUNT OF $6,978 TO BE REALLOCATED FROM FISCAL
YEAR 1995/96 UNEXPENDED EMERGENCY SHELTER
GRANT (ESG) PROGRAM FUNDS.
WHEREAS, there were unexpended Emergency Shelter Grant (ESG) funds from
FY 1995/96 from closed-out activities in the amount of $6,978; and
WHEREAS, the City contracted with Better Way of Miami, Inc. and the Salvation
Army for the FY 1996/97 ESG funds for the provision of homeless services; and
WHEREAS, these are the only two current providers for homeless services eligible
for unexpended funds from prior year's closed-out activities; and
WHEREAS, the funds were offered both to Better Way of Miami, Inc. and the
Salvation Army for the continuation of homeless services as described in the One-Year
Action Plan for FY 1996/97 for the Emergency Shelter Grant (ESG) component; and
WHEREAS, the Salvation Army declined the receipt of these surplus funds; and
WHEREAS, Better Way of Miami, Inc. accepted these funds and requested that
they be used to increase their current funding allocation from $35,625 to $42,603 for the
provision of homeless services for adult homeless males from Miami Beach;
WHEREAS, the Administration recommends approval of this Amendment to the
Agreement between the City of Miami Beach and Better Way of Miami, Inc. for Fiscal Year
1995/96 ESG funds; and
WHEREAS, the attached Amendment does not change the priority needs or
objectives as outlined in the FY 1996/97 One-Year Action Plan of the ESG component.
NOW THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Clerk are herein
authorized to execute the attached Amendment to the Agreement between the City of
Miami Beach and Better Way of Miami, Inc., said Amendment increasing the total funding
amount from thirty-five thousand six hundred twenty-five dollars ($35,625) to forty-two
thousand six hundred and three dollars ($42, 603); with the source of additional funds
in the amount of $6,978 to be reallocated from FY 1995/96 unexpended Emergency
Shelter Grant (ESG) Program Funds.
PASSED AND ADOPTED THIS 16TH DAY
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
ATTEST:
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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: July 16, 1997
FROM:
Jose Garcia-Pedrosa
City Manager
SUBJECT: A RESOLUTION THE MA VOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE AN AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF
MIAMI BEACH AND BETTER WA V OF MIAMI, INC. SAID AMENDMENT
INCREASING THE TOTAL FUNDING AMOUNT FROM THIRTY-FIVE THOUSAND
SIX HUNDRED TWENTY -FIVE DOLLARS ($35,625) TO FORTY TWO THOUSAND
SIX HUNDRED AND THREE DOLLARS ($42,603); SOURCE OF ADDITIONAL
FUNDS IN THE AMOUNT OF $6,978 TO BE REALLOCATED FROM FY 1995/96
UNEXPENDED EMERGENCY SHELTER GRANT (ESG) PROGRAM FUNDS.
ADMINISTRATION RECOMMENDATION:
Approve the Resolution.
BACKGROUND:
On October 1, 1996 the City of Miami Beach entered into two agreements for the provision of
homeless services under the federal Emergency Shelter Grant (ESG) program for 1996/97. The
two providers are Better Way of Miami, Inc., located at 800 NW 28th Street, Miami, Florida and the
Salvation Army, located at 1907 NW 38th Street, Miami, Florida. Each agreement was awarded
$35,625 for emergency shelter services and the provision of homeless services.
Unexpended funds in the amount of $6,978 are available from FY 1995/96 ESG closed-
out/completed activities for program year 21 (FV 1995/96). These unexpended ESG funds may
only be used by current or future ESG program activities and must be expended within two years
after they are first made available.
The Economic and Community Development Division notified both Better Way of Miami, Inc. and
Salvation Army as to the availability of these funds. The Salvation Army declined the additional
funds (see letter attached), whereas Better Way of Miami, Inc. accepted the additional funds and
requested that they be used to increase their total funding allocation for FY 1996/97 from $35,625
C.'lL
DATE l-IL,-~l
AGENDA ITEM
to $42,603. (See attached letter).
Currently, Better Way of Miami, Inc. is serving the largest identified population group of the
homeless on Miami Beach which is adult homeless males with substance/alcohol problems. With
the increase in funds, Better Way of Miami, Inc. would be able to serve a greater number of adult
homeless males.
The Amendment to the Agreement will increase the budget allocation from $35,625 to $42,603 for
Better Way of Miami, Inc. The increase in funds will enable Better Way of Miami, Inc. to increase
the number of adult homeless males from Miami Beach who receive homeless services and
emergency shelter.
The Amendment does not change the purpose, scope, location or beneficiaries of this activity as
reflected in the City's One-Year Action Plan for FY 1996/97. Therefore, no amendment to the One-
Year Action Plan is required. The additional funds ($6,978) are available from prior year's closed-
ouUcompleted activities for ESG.
CONCLUSION
The Administration recommends that the Mayor and City Commission adopt the attached resolution
To Authorize the Mayor and City Clerk to Execute an Amendment to the Agreement Between the
City of Miami Beach and Better Way of Miami, Inc. Said Amendment Increasing the Total Funding
Amount from Thirty Five Thousand Six Hundred Twenty Five Dollars ($35,625) to Forty Two
Thousand Six Hundred and Three Dollars ($42,603); Source of Additional Funds ($6,978) Is
from Prior Year's Unexpended Emergency Shelter Grant (ESG) Program Funds.
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AMENDMENT TO AGREEMENT
This Amendment to the Agreement, dated October 1, 1996, 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 BETTER WAY OF MIAMI, INC. , located at
800 NW 28th Street, Miami, Florida 33127, hereinafter referred to as the "Provider," is entered into
this 16th day of July, 1997.
WITNESSETH:
WHEREAS, on October 1, 1996, the Mayor and City Commission approved Resolution No. 96-
22134, authorizing the Mayor and City Clerk to execute an agreement between the City and the
Provider, for provision of transitional housing (shelter beds), nutritional services, transportation,
clothing assistance, self-managed domestic and personal services at the Better Way facility for
twenty-eight (28) adult homeless men with alcohol/substance addiction; and
WHEREAS, pursuant to the Agreement, the Provider received a total amount of Thirty-Five
Thousand Six Hundred Twenty-Five Dollars ($35,625) from the Federal Emergency Shelter Grant
(ESG) Program for Year Twenty-Two (22) funds for this purpose; and
WHEREAS, the parties now wish to amend the Agreement to increase the total funding
allocation by $6,978 from $35,625 to $42,603; and
WHEREAS, the source of these funds is from FY 1995/96 Emergency Shelter Grant (ESG)
program; and
WHEREAS, the Amendment does not change the purpose, scope, location or beneficiaries of
this activity as reflected in the City's One-Year Action Plan for FY 1996/97 or in the Agreement.
NOW, THEREFORE, the Agreement is hereby amended as follows:
1. SECTION IV: METHOD OF PAYMENT, page 3, paragraph 1 is amended as follows:
It is expressly understood and agreed that the total compensation to be paid hereunder for
actual expenditures incurred shall not exceed Thirty-Five Thousand Six Hundred Twenty-Five Dollars
($35,625) from FY 1996/97 funds and Six Thousand Nine Hundred Seventy-Eight Dollars from
unexpended from FY 1995/96 for a total amount not to exceed Forty-Two Thousand Six Hundred
Three Dollars ($42,603). Such funds must be expended during the term of the Agreement, and any
remaining balance of funds shall revert to the City. Such compensation shall be paid in accordance
with the Budget attached hereto and made a part hereof as Appendix 1.
2. SECTION XVIII: LIMITATION OF LIABILITY, page 16, paragraphs 1 and 2 are 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 $42, 603/ 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 $42,60 3, 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 $35,625 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 place upon City's liability as set forth in Florida Statutes,
Section 768.28.
3. All other terms and conditions of the Agreement between the City and the Provider shall remain
the same 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.
ATTEST:
THE CITY OF MIAMI BEACH, FLORIDA
J7o~o YdAdtM
CITY CLERK
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VICE MA VOR '
BETTER WAY OF MIAMI, INC., 800 NW 28th
Street, Miami, FL 33127
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APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
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City Attornev
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