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HomeMy WebLinkAboutR-85-0282J85-141 A 1� 85-28Z RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO AMEND INDIVIDUAL AGREEMENTS WITH TEN (10) NEIGHBORHOOD ECONOMIC DEVELOPMENT ORGANIZATIONS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO MODIFY THE FISCAL REQUIREMENTS STATED IN ARTICLE III, ITEM B OF THE CONTRACT AGREEMENT WHICH REQUIRES THE CONTRACTOR TO SUBMIT A COPY OF THE CANCELLED CHECK AS JUSTIFICATION FOR REIMBURSEMENT OF EXPENDITURES INCURRED ; SAID AMENDMENT WOULD ALLOW THE CONTRACTOR, ; AS JUSTIFICATION FOR REIMBURSEMENT, TO SUBMIT A COPY OF THE UNNEGOTIATED CHECK, PROPERLY SIGNED, ALONG WITH A COPY OF THE ORIGINAL INVOICE FOR WHICH THE CHECK HAS BEEN ISSUED. WHEREAS, the City Commission passed Resolution No. 84- 868 on July 31, 1984 authorizing the execution of agreements for the provision of services for economic development; and WHEREAS, these services are to be provided by the ten (10) community based organizations in the City of Miami neighborhood business districts; and WHEREAS, both the Departments of Economic Development and Community Development established a "CBO Policies and Procedures Manual" to be used as a working document to ensure fiscal and programmatic contract compliance; and WHEREAS, the agreements between these organizations and the City state in Article III, Item B that reimbursement requests and expenditures submitted by the contractor must be verified by an original invoice with a copy of the cancelled check which was used to pay the specific invoice; and CITY COMMISSION MEETING, OF MAR 21 1985 RESOLU110N Nu.y5�� REMARKS.___- AP WHEREAS, both the Departments of Community Development and Economic Development have agreed to accept as justification for reimbursement copies of checks for expenditures incurred from the contractor prior to disbursement to the vendor; and a WHEREAS, both the Department of Community Development v and the Department of Economic Development still require as supporting documentation original invoices; and WHEREAS, the copies of checks submitted are to be made payable to the vendor identified on the original invoice and f 3 properly signed by the authorized board members; and WHEREAS, the Department of Economic Development monitors the fiscal operation of the contractor to ensure that all checks submitted are disbursed in accordance with the approved reimbursement package and budget guidelines; and Y WHEREAS, both the Departments of Community Development and Economic Development concur that the modification of this x= requirement is an acceptable operating procedure and is 4t consistent with the fiscal guidelines established by the City of Miami; x4_ NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF -hrn. f_k THE CITY OF MIAMI, FLORIDA: Section 1. The City Manager is hereby authorized to amend the individual agreements with the ten (10) neighborhood economic development organizations listed below to accept as justification for reimbursement of expenditures incur ,ad by the Contractor, an original invoice and a copy of the signed unnegotiated check, dated and made payable to the vendor specified on the invoice: Allapattah Business Development Authority 85-28 Z Allapattah Merchants Association Coconut Grove Local Development Corporation Downtown Miami Business Association Haitian Task Force Little Havana Development Authority Martin Luther King Economic Development Corporation Northeast Miami Chamber of Commerce Overtown Economic Development Corporation Small Business Opportunity Center Section 2. It is further understood that all terms and conditions outlined under the original agreements will remain in full force and effect without modification except as herein stated or previously amended. PASSED AND ADOPTED this 21st day of March , ATTE RA11PH G. ONGIE, CITY CLERK PREPARED AND APPROVED BY: ORM AND CORRECTNESS: Maurice A. Ferre MAURICE A. FERRE, MAYOR 85-282 CITY OF MIAMI. FLORIOA 67 INTEROFFICE MEMORANDUM rO: Randolph B. Rosencrantz oArc January 22, 1985 City Manager Amendment To The 10th susiECT: year Contractual Agree- ments With The Community Based Organizations FROM: Charlotte Gallogl L REFERCNCKS: Director �` February 14, 1985 Commis - Department of Economic }evelopm nt ENCLOSURES. sion Agenda "It is recommended that the City Commission authorize the City Manager to amend the individual agreements with ten (10) neighborhood economic development organizations, in a form acceptable to the City Attorney, to modify the fiscal requirement stated in Article III, Item B of the contract agreement which necessitates the Contractor to submit a copy of the cancelled check as ` justification for reimbursement of expenditures incurred. This amendment would allow the contractor to submit a copy of the check prior to payment, properly signed by its board of directors, along with a copy of the original invoice as justification for reimbursment." At the July 31, 1984 City Commission meeting, the City Commission adopted Resolution No. 84-868 authorizing the City Manager to enter into individual agreements for $37,750 with neighborhood economic development organizations for the implementation of a 10th year Community Development Block Grant (CDBG) program. The Community Based Organization (CBO) grant awards are provided on a reimbursement basis for expenditures incurred only in the approved contract period. Also, the agreement and "CBO Policies and Procedures Manual" allow for each organization to receive an advance in an amount not to exceed one -sixth (1/6th) of the total grant amount to cover operating expenses and allow a moderate cash flow to the organization. In ss-zee Randolph B. Rosencrantz Page 2 The Departments of Economic Development and Community Development established a "CBO Policies and Procedures Manual" to be used as a working tool to ensure fiscal and programmatic contract compliance. This document narrates the varous contract reporting requirements. As part of the reimbursement management process, the contractors are required to submit monthly reimbursement requests for expenditures incurred and in accordance with the approved line -item budget. The reimbursement request contains a monthly expenditure report that is divided into four columns: (1) line item description; (2) approved budget; (3) actual year-to-date expenditures; and(4) actual expenditures for the period - requested: -Further, the reimbursement request form contains a statement declaring and affirming that all disbursements made were in accordance with the approved budget and have not been previously submitted for payment. Article III, Section B of the CBO contract agreement -requires. that.., ....• all expenditures submitted for reimbursement must be verified by f the original invoice with a copy of the cancelled check which was ` used to pay the specific invoice. Article III, Section B.2.g. of the "CBO Policies and Procedures Manual", which is entitled "Supporting Documents", states that "All expenditures are to be justified by original invoices. Specifically, the following requirement(s) must be met: f 1) a copy of the check with the date issued which was used for payment of invoice being submitted." By requiring the contractor to submit a copy of the cancelled check i for expenditures incurred, the CEOs experience a severe cash flow 7; problem due to the fact that the bank statements are not received until after the fifth working day of each month along with a copy of each check that has been credited against the contractor's account. Also, if a check does not get credited to the contractor's account in the preceeding month after payment has been j. made to the vendor, then the contractor must wait until the following month to request reimbursement for that particular expenditure. The internal fiscal and programmatic controls established by the Department of Economic Development were designed to create a mechanism to ensure contractor compliance and adherence. The reimbursement expenditures are submitted to the Department of Economic Development (DED) for review and approval and then forwarded to Community Development (CD) for final approval and payment. 85-28af— : IN' Randolph B. Rosencrantz Page 3 Both the DED and CD have reviewed the aforementioned contract requirement that requires the contractors to submit copies of cancelled checks for expenditures incurred and concur that a modification of this requirement is an acceptable operating procedure and consistent with the fiscal guidelines established by the City of Miami's Finance Department. It is therefore requested that Article III, Section B of the contract agreement for community based organizations be amended and modified to accept as justification- for. reimbursement an. original invoice and a copy of the check, prior to actual disbursement to the specified vendor. CG/MYA/EB/ju Attachments AMENDMENT #2 oTO THE - 10TR YVAT 00 aCM1M1XVT = Is .'';►t :.� : � °: ' ' An Amendment to an Agreement dated between the City of Miami, hereinafter referred to as the "CITY" and hereinafter referred to as the "CONTRACTOR." WHEREAS, the City Commission passed Resolution No. 84-868 on July 31, 1984, for the provision of services for economic development, and - WHEREAS, the Agreement states in Article III, Item B that reimbursement requests and expenditures submitted by the CONTRACTOR must be verified by an original invoice with a copy of the cancelled check which was used to pay the specific invoice; and WHEREAS, Article III, Section G, Item I of the approved CBO Policies and Procedures Manual states that "expenditures submitted by the CONTRACTOR for reimbursement must be justified by the original invoice and a copy of the check and/or check number with the date issued which was used for payment of the invoice being submitted"; and WHEREAS, both. the Department of Community Development and the Department of Economic Development concur and approve of the - acceptance of copies of the checks from the CONTRACTOR prior to the expenditure being paid; and WHEREAS, both the Department of Community Development and the Department of Economic Development still require original invoices; and 85-28 c FL WHEREAS, the checks submitted are to be made payable to -the vendor and signed accordingly by the board members authorized .-to,•_ .. sign checks; and WHEREAS, the Department of Economic Development monitors the fiscal operation of the CONTRACTOR to ensure that .all --checks submitted are disbursed in accordance with the reimbursement package and approved budget guidelines; and THEREFORE, in mutual consideration • of : the • covenants, -,made:::. _• :_i - herein, and in the agreement on which this is an. Amendment;_.the parties hereto understand and-agree'as•follows: •r 1. That the agreement between the parties above stated is hereby amended to accept as justification for reimbursement of expenditures incurred by the CONTRACTOR, an original invoice and a copy of the signed check,' dated and made payable to the vendor a. specified on the invoice. �y 2. It is further understood that all terms and conditions N f . 1 outlined under the original agreement will remain in full force 4.- and effect without modification except as herein stated or „ previously amended. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by the respective officials thereunto duly authorized. 85-282 rk] WITNESS our hands and seals on this day of ,. 1985. r CITY OF MIAMI, a municipal corporation of the State of Florida ATTEST: } By RALPH G. ONGIE, CITY CLERK RANDOL H B. ROSENCRANTZ, CITY MANAGER ATTEST:. CONTRACTOR: By Secretary President (SEAL) GUARANTEE I, , in consideration of the City of Miami's execution of the foregoing Amendment, the undersigned, guarantee the performance of the terms and conditions in said Amendment required to be performed by the Contractor including but not limited to the provisions relating to default, assurances, and certifications. Dated this day of , 1985. an individual �A By ,individua ly WITNESS: APPROVED AS TO FORM AND CORRECTNESS: } LUCIA A. DO=nE:Y, C TY ATTORNEY 85-282