HomeMy WebLinkAboutAmendment 2AMENDMENT # 1.
This Amendment to the Agreement between the City of Miami, a municipal
corporation of the State of Florida ("City") and The Alternative Programs, Inc. ("Sub -
recipient") dated November 1, 2006 (the "Agreement") is entered into this day of
2007.
RECITAL
WHEREAS, the City and Sub -recipient, have heretofore entered into the
Agreement which sets forth the terms and conditions pursuant to which the City provided
Sub -recipient the sum of one hundred and eighty five thousand dollars ($185,000) to
carry out public facilities and improvement activities as authorized by the City
Commission through Resolution No. 06-0507, passed and adopted on September 12,
2006; and
WHEREAS, the City Commission adopted Resolution No. R-06-0712 on
December 14, 2006, wherein Sub -recipient was given the additional sum of thirty five
thousand two hundred and twenty dollars ($35,220), as authorized by the City
Commission; and
WHEREAS, except as amended below, all contract funds are subject to the same
terms and conditions as contained in the Agreement.
NOW, THEREFORE, in consideration of the foregoing, the City and Sub -
recipient hereby agree to amend the Agreement as follows:
I. EXHIBIT C, Section A, is amended to read:
A. The City shall pay the Sub -recipient, as maximum compensation for the
services required pursuant to this Agreement, the sum of $220,220
IL EXHIBIT 13 — WORK PROGRAM is replaced with the revised EXHIBIT
B attached to this amendment.
III. EXHIBIT C - BUDGET is replaced with the revised EXHIBIT C attached to
this amendment.
IV. ARTICLE IV FUNDING AND DISBURSEMENT REQUIREMENTS:
Section 4.3 is removed and replaced by the Section listed below:
4.3 FINANCIAL ACCOUNTABILITY:
The CITY reserves the right to audit the records of the Sub -recipient at
any time during the performance of this Agreement and for a period of
four (4) years after its expiration/termination. The Sub -recipient agrees to
provide all financial and other applicable records and documentation of
services to the CITY. Any payment made shall be subject to reduction for
amounts included in the related invoice which are found by the CITY, on
the basis of such audit and at its sole discretion, not to constitute
reasonable and necessary expenditures. Any payments made to the
Project Sponsor are subject to reduction for overpayments on previously
submitted invoices.
V ARTICLE VI REPORTS AND RECORDS: Section 6.1.2(ii) is removed and
replaced by the Section listed below:
6.I.2(ii) For each activity determined to benefit low- and moderate -
income persons based on the area served by the activity, only activities
located in census blocks with a percentage of low and moderate income
persons in excess of 51 percent will be undertaken by the Sub -recipient.
Section 6.2.1 Retention and Accessibility of Records is removed and replaced
by the Section listed below:
6.2.1 The Department shall have the authority to review the Sub -
recipient's records, including Project and programmatic records and books
of account, for a period of four (4) years from the expiration/termination
of this Agreement (the "Retention Period"). All books of account and
supporting documentation shall be kept by the Sub -recipient at least until
the expiration of the Retention Period.
The Sub -recipient shall maintain records sufficient to meet the
requirements of 24 CFR 570. All records and reports required herein shall
be retained and made accessible as provided thereunder. The Sub -
recipient further agrees to abide by Chapter 119, Florida Statutes, as the
same may be amended from time to time, pertaining to public records.
The Sub -recipient shall ensure that the Agreement Records shall be at all
times subject to and available for full access and review, inspection and
audit by the CITY, federal personnel and any other personnel duly
authorized by the CITY.
IN WITNESS THEREOF, the City and Subrecipient have caused this instrument to be
executed by their respective officials as of the date of the first above written.
ATTEST:
Name:
Title
Date
SUBRECIPIENT
The Alternative Programs, Inc.
151 NW 60th Street
Miami, Florida 33127
a Florida not -for -profit corporation
By:
Name: Date
Title:
CORPORATE SEAL:
ATTEST: CITY OF MIAMI, a municipal Corporation
of the State of Florida
By: By:
Priscilla A. Thompson Date Pedro G. Hernandez Date
City Clerk City Manager
APPROVED AS TO APPROVED AS TO INSURANCE
FORM AND CORRECTNESS: REQUIREMENTS:
By: By:
Jorge L. Fernandez Date LeeAnn Brehm Date
City Attorney Risk Management