HomeMy WebLinkAboutAmendment 1CITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Gesette Guerra, Administrative Aide II
Community Development - COM
FROM: Rafael O. Diaz, Assistant City Attorney' 1
DATE: April 16, 2007
RE: One Art, Inc. - Amendment #1 to Public Facilities and Improvements
Agreement
Matter ID No.: 07-625
Enclosed please find the captioned agreement which has been approved by the City
Attorney as to form and correctness. Once this agreement has been fully executed please forward
a copy of the fully executed agreement to our office so that we may close our file.
If you have further questions, please feel free to contact me at 305-416-1800.
Enclosure(s)
WHEN RETURJNING THIS CONTRACT
TO THIS OFFICE FOR FURTHER
REVIEW, PLEASE IDENTIFY AS
07-625
AMENDMENT #1
This Amendment to that Agreement between the City of Miami, a municipal
corporation of the State of Florida ("City") and One Art, Inc. ("Sub -recipient") dated
SeRtember 13, 2006 (the "Agreement") is entered into this )Gj`" day of
of 1 1 , 2007.
RECITAL
WHEREAS, pursuant to Resolution No. R-06-0371, passed and adopted by the
City of Miami Commission on June 8. 2006 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 $100,000 (One hundred thousand); and
WHEREAS, all the funds are subject to the same terms and conditions contained
in the Agreement;
NOW, THEREFORE, in consideration of the foregoing, the City and Sub -
recipient hereby agree to amend the Agreement as follows:
1. ARTICLE 1V 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.
2. ARTICLE VI REPORTS AND RECORDS; Section 6.1.2(ii) is removed and
replaced by the Section listed below:
6.12(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.
3. 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
SUBRECIPIENT 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.
4. EXHIBIT B of the Agreement (Work Program) is amended to the new Exhibit B
attached to this Amendment.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be
executed by their respective officials thereunto duly authorized on the date above written.
ATTEST:
/27
40e,—
NameQr (c {)-_,,cac_m.„,cDate
Title
ATTEST:
/414
O'1070
illa A. TI Cierl:illa A. Thompson Date
Clerk City Manager
SUBRECIPIENT
One Art, Inc.
4141 North Miami Avenue
Miami, FL, 33127
a Florida not -for profit corporation
Name:/L , ✓' t , \ Date
Title: n ; `i o 707
CORPORATE SEAL:
CITY OF I, a municipal Corporation
of the St.( orida
Pedro G. Hernan
4
APPROVED AS TO. APPROVED AS TO FORM AND
INSURANCE REQLTIREMENTS: CORRECTNESS:
LeeAnn Brehm
' Risk Management
'Ddte
orgrnandez,
City A
Date