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HomeMy WebLinkAboutBack-Up DocumentsFIRST AMENDMENT TO ANTI -POVERTY INITIATIVE FUNDING AGREEMENT BY AND BETWEEN THE CITY OF MIAMI, FLORIDA AND CATHOLIC CHARITIES OF THE ARCHDIOCESE OF MIAMI, INC. This Second Amendment to the Anti -Poverty Initiative Funding Agreement ("Second Amendment") by and between the City of Miami, Florida, a municipal corporation of the State of Florida, located at 444 SW 2nd Avenue, Miami, FL 33130 ("CITY"), and Catholic Charities of the Archdiocese of Miami, Inc., a Florida not for profit corporation, located at 1505 NE St, 2nd FL, Wilton Manors, FL 33305 ("RECIPIENT") is entered into as of this day of 2020. The CITY and RECIPIENT may each be referred to as a "Parry" and may collectively be referred to as the "Parties." RECITALS: WHEREAS, the CITY, pursuant to Resolution No. R-20-0385, the City approved providing Anti -Poverty Initiative ("API") Funds to the RECIPIENT in the not to exceed amount of One Hundred Twenty -Three Thousand Nine Hundred Forty Three Dollars and Six Cents ($123,943.06) ("Initial Funds"); and WHEREAS, the CITY and RECIPIENT, on January 19, 2021, entered into an Anti - Poverty Initiative Funding Agreement ("API Agreement") to set forth the terms and conditions relating to the use of the Initial Funds; and WHEREAS, the CITY wishes to provide RECIPIENT with additional API Funds in an amount not to exceed Thirty Five Thousand and Ninety Two Dollars and Forty Seven Cents ($35,092.47) ("Additional Funds") to continue the Services for the Elderly — Myers Senior Center as described in the API Agreement; and WHEREAS, the total amount of the allocation will be increased to One Hundred Fifty - Nine Thousand Thirty Five Dollars and Fifty Three Cents ($159,035.53); and WHEREAS, the City adopted Resolution No. R-21- on February 25, 2021 wherein the CITY approved providing the Recipient with the Additional Funds for the Services for the Elderly Myers Senior Center wherein daily breakfasts and lunches are provided; and WHEREAS, the CITY agrees to execute this First Amendment with the RECIPIENT to set forth the terms and conditions relating to the use of the API Funds and the Additional Funds by the RECIPIENT; NOW, THEREFORE, in consideration of the mutual covenants and promises herein, the Parties agree as follows: The recitals are true and correct and are hereby incorporated into and made a part of this First Amendment. 2. Page I of the Anti -Poverty Initiative Funding Agreement will now reflect the total sum of One Hundred Fifty Nine Thousand Thirty Five Dollars and Fifty Three Cents ($I59,035.53) from the initial allocation, Resolution No. R-20-0385, and the additional funds provided in this allocation. 3. Paragraph 4.A. is amended to provide the recipient not to exceed the amount of One Hundred Fifty Nine Thousand Thirty Five Dollars and Fifty Three Cents ($I59,035.53). 4. Exhibit "D" in the API Initial Amendment is deleted and replaced with the Exhibit "D" attached and incorporated herein to this First Amendment. 5. All other terms and conditions of the API agreement remain in effect and unmodified. (The remainder of this page is intentionally blank; Signature page to follow) IN WITNESS WHEREOF, the Parties hereto have caused this First Amendment to be executed by their respective officials thereunto duly authorized on the date above written. ATTEST: By:_ Todd B. Hannon, Date City Clerk APPROVED AS TO LEGAL FORM AND CORRECTNESS: By: Victoria Mendez City Attorney ATTEST: Print Name: Title: Date "CITY" CITY OF MIAMI, a municipal corporation of the State of Florida Arthur Noriega V Date City Manager APPROVED AS TO INSURANCE REQUIREMENTS: By: Ann -Marie Sharpe Date Director Risk Management "RECIPIENT" CATHOLIC CHARITIES OF THE ARCHDIOCESE OF MIAMI, INC. A Florida Not -For -Profit Corporation By: Print Name: Title: CITY OF MIAMI ANTI -POVERTY INITIATIVE FUNDING AGREEMENT This ANTI -POVERTY INITIATIVE AGREEMENT ("Agreement") is entered into this day of , 20 by and between the CITY OF MIAMI, a municipal corporation of the State of Florida, located at 444 SW 2nd Avenue, Miami, FL 33130 Catholic Charities of the ("CITY"), and archdiocese of Miami, Inc. a Florida not for profit corporation, located at 1505 NE 26 sT., and Floor, Wilton Manor, r133305 ("RECIPIENT"). The CITY and the RECIPIENT may each be referred to as a "Party" and may collectively be referred to as the "Parties." WHEREAS, the City created the Anti -Poverty Initiative ("API") to address poverty based on a strategy of focusing the provision of support towards the City's residents achieving self- sufficiency; and WHEREAS, the RECIPIENT submitted a Request for API Funding to the City; and WHEREAS, the CITY adopted Resolution No. R- - on , 20 , wherein the CITY approved providing funds to the RECIPIENT in the not to exceed amount of One Hundred Fifty Nine Thousand Thirty Five Dollars and Fifty Three Cents dollars ($ 1 59,03 5.53 2 /) ("Funds"), attached and incorporated as Exhibit "A", as applicable; and WHEREAS, the CITY agrees to enter into this Agreement with the RECIPIENT to set forth the terms and conditions relating to the use of the Funds by the RECIPIENT. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the Parties agree as follows: TERMS 1. RECITALS: The recitals are true and correct and are hereby incorporated into and made a part of this Agreement. 2. TERM: The term of this Agreement shall commence on November 19 2020 and shall continue until November 19 20 21 3. GRANT OF FUNDS: Subject to the terms and conditions set forth herein and RECEIPIENT' S compliance with all of its obligations hereunder, the CITY hereby agrees to make available to the RECIPIENT the Funds to be used for the purpose(s), program(s), initiative(s), and activity(ies) (as defined in Exhibit "B"), and as disbursed in the manner hereinafter provided. Page 1 City of Miami API Funding Agreement Catholic Charities of the Archdiocese of Miaini, Inc. 4. USE OF FUNDS: The Funds shall be used by the RECIPIENT as described in the Scope of Work, attached and incorporated herein as Exhibit "B" and the Budget, attached and incorporated herein as Exhibit "C" submitted by the RECIPIENT to the CITY. DISBURSEMENT OF FUNDS: A. The CITY shall provide Funds to the RECIPIENT in the not to exceed amount of One Hundred Fifty Nine Thousand Thirty Five Dollars and Fifty Three Cents dollars ($ 159,035 .53 .00). B. Payment shall be made in accordance with the schedule as set forth in Composite Exhibit "D". C. The RECIPIENT shall provide the CITY with a City of Miami Request for Payment Form attached and incorporated as Composite Exhibit "D" prior to any disbursement of funds by the CITY. Prior to any disbursement of funds by the CITY the RECIPIENT will need to provide a valid and executed W9 form and completed City of Miami Supplier Direct Deposit (ACH) Authorization Form, as applicable. D. The RECIPIENT shall provide the CITY a Close -Out Report, in similar format as Exhibit "F", at the end of the program, summarizing the services, programs and/or activities described in the Scope of Work as Exhibit "B" and included in the Budget as Exhibit "C". 5. COMPLIANCE WITH POLICIES AND PROCEDURES: RECIPIENT understands that the use of the Funds is subject to specific reporting, record keeping, administrative and contracting guidelines, audit, and other requirements affecting the activities being funded by the API Funds for the Scope of Work. RECIPIENT covenants and agrees to comply with such requirements, and represents and warrants to the CITY that the Funds shall be used in accordance with all of the requirements, terms and conditions contained therein, as the same may be amended during the term hereof. Without limiting of the foregoing, RECIPIENT represents and warrants that it will comply with, and the Funds will be used in accordance with, all applicable federal, state, and local codes, laws, rules and regulations. 6. RECORDS. INSPECTIONS. REPORTS/AUDITS AND EVALUATION: To the extent required by law, the Inspection and Audit provisions set forth in Sections 18-101 and 18-102 of the Code of the City of Miami, Florida, as amended ("City Code"), are deemed as being incorporated by reference herein and additionally apply to this Agreement. The CITY shall have the right to conduct audits of RECIPIENT'S records pertaining to the Funds and that Page 2 API AGREEMENT COMPOSITE EXHIBIT "D" PAYMENT SCHEDULE 1. The CITY shall pay the RECIPIENT, up to the sum of $ 159,035.53 provided pursuant to this Agreement. for the services 2. Request for Payments should be submitted to the CITY in a form provided by the City and included in this Exhibit as Request for Payment Form. 3. The RECIPIENT must submit the final request for payment to the CITY within 30 calendar days following the expiration date or termination date of this Agreement in a form provided by the CITY. If the RECIPIENT fails to comply with this requirement, the RECIPIENT shall forfeit all rights to payment and the CITY shall not honor any request submitted thereafter. 4. Schedule of payments to RECIPIENT will be as follows: Two payments a. The first payment will resolve the services during the months of January 2020 thru September 2020 for a total amount of $123,943.06 b. The second payment will resolve the services during the months of October 2020 thru December 2020 for a total amount of $35,092.47. 5. Any payment due under this Agreement may be withheld pending the receipt and approval by the CITY of all reports and information due from the RECIPIENT as a part of this Agreement and any modifications thereto. SIGNED: STATE OF FLORIDA COUNTY OF DATE: The foregoing instrument was acknowledged before me this by , a Florida not -for -profit corporation, on behalf of the corporation. He/She is personally known to me or has produced as identification. My Commission Expires: Notary Public (Signature) (AFFIX NOTARY SEAL) Printed Name: