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HomeMy WebLinkAboutAmendment 2dated March 17, 2006 (the "Agreement") is entered into this day of 2007. RECITAL AMENDMENT # 1 This Amendment to the Agreement between the City of Miami, a municipal corporation of the State of Florida ("City") and Miami Bethany Community Servcices, Inc. ("Sub -recipient') "0' 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 Subrecipient the sum of Sixty Thousand Dollars ($60,000) to carry out public facilities and improvement activities as authorized by the City Commission through Resolution No. 05-0477; and WHEREAS, the City Commission adopted Resolution No. R-06-0649 on November 9, 2006 wherein the Subrecipient was granted an extension of the current contract, 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 Subrecipient hereby agree to amend the Agreement as follows: 1. ARTICLE III, Terms and Procedures; Section 3.2 Effective Date and Terms is amended to read as follows: The agreement shall commence upon execution by the City Manager and shall expire the 30`h day of September 2007. Any costs incurred by the Sub -recipient after this date will not be paid. 2. ARTICLE IV CDBG 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 SUBRECIPIENT at any time during the performance of this Agreement and for a period of four (4) years after its expiration/termination. The SUBRECIPIENT 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 SUBRECIPIENT are subject to reduction for overpayments on previously submitted invoices. 3. ARTICLE VI REPORTS AND RECORDS; Section 6.1.2(ii) is removed and replaced by the Section listed below: 6.1.2(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 Subrecipient. 4. ARTICLE VI REPORTS AND RECORDS; 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 SUBRECIPIENT'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 SUBRECIPIENT at least until the expiration of the Retention Period. The SUBRECIPIENT 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 SLTBRECIPIENT further agrees to abide by Chapter 119, Florida Statutes, as the same may be amended from time to time, pertaining to public records. The SUBRECIPIENT 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. 5. EXHIBIT B — Work Program is removed and replaced with a new Exhibit B attached to this amendment. 6. EXHIBIT C — Compensation and Budget Summary is removed and replaced with a new Exhibit C attached to this amendment. 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: Nine: %c/ t) :2 Title ATTEST: SUBRECIPIENT Miami Bethany Community Servcices, Inc. 2490 NW 35th Street Miami, Florida 33142 a Florida not -for -profit corporation y: Na Ti J/1-ct r��f lllDatr (O'%/cEC (47/3(; CORPORATE SEAL: CITY OF MIA , a municipal Corporation of the Stat rida Bv: /�r �c-/24-41- V-a5:07 By: riscilla A. Thompson Date Pedro G. Hernan City Clerk City Manager APPROVED AS TO FORM ND CORRECTNESS: ernandezm Date orney 4��4(07 Date APPROVED AS TO INSURANCE REQUIREMENTS: By: LeeAnn Brehm Risk Management (.///-i/v Date