HomeMy WebLinkAboutAmendment 6AMENDMENT # 6
This Amendment #6 to the Agreement between the City of Miami, a municipal
corporation of the State of Florida ("City") and The Association for the Development of the
Exceptional, Inc. ("Sub -Recipient') dated July 31, 1997 (the "Agreement") is entered into this
s'� day of e _., 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 Forty seven thousand eight hundred dollars ($47,800) to carry out public facilities and.
improvement activities as authorized by the City Commission through Resolution No. 96-551
adopted July 25, 1996; and
WHEREAS, the City and Sub -Recipient executed an additional Agreement increasing
the total compensation authorized for the project by $50,000 to a total of $97,800 as approved by
City Commission Resolution No. 98-402.1enacted on April14, 1998; and
WHEREAS, the City and Sub -Recipient executed an Amendment to the Agreement to
extend the end date of the agreement to September 30, 2001 as approved by City Commission
Resolution No. 01-0147 enacted on February 15, 2001; and
WHEREAS, the City and Sub -Recipient executed an Amendment to the Agreement to
extend the end date of the agreement to September 30, 2004 as approved by City Commission
Resolution No. 01-0632 for automatic roll over of brick and mortar projects; and
WHEREAS, the City and Sub -Recipient executed another Amendment to the Agreement
to extend the end date of the agreement to September 30, 2005 as approved by City Commission
Resolution No. 01-0632 for automatic roll over of brick and mortar projects; and
WHEREAS, the City and Sub -Recipient executed another Amendment to the
Agreement wherein the Sub -Recipient was given the additional sum of One Hundred fbrty
thousand dollars ($140,000) as approved by City Commission Resolution No. R-05-0477
enacted on July 28, 2005; and
WHEREAS, pursuant to Resolution No. 06-0649, passed and adopted by the City of
Miami Commission on November 9, 2006 which authorizes the extension and rollover of these
funds; and
WHEREAS, pursuant to Resolution No. 07-0265, passed and adopted by the City of
Miami Commission on May 10, 2007 which requires the Sub -Recipient to comply with the
following by September 30, 2007:
• Have obtained all approved building permits.
• Have commenced construction.
• Have obtained full project funding. ; 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. The City and Sub -Recipient agree to join the November 23, 1998 agreement with this July
31, 1997 agreement.
2: ARTICLE IV Term; Section 4.1 is amended to read as follows:
The Term ofthis Agreement shall end on September 30, 2007.
3. ARTICLE VI Reporting: Section 6.5 is amended to read as follows:
6.5 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 he 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.
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 Sub -Recipient are subject to reduction for overpayments on
previously submitted invoices.
4. ARTICLE VI Reporting: Section 6.7 is amended to read as follows:
6.7.1 If the Sub -Recipient expends $500,000 or more in the fiscal year it shall have a
single audit or program specific audit conducted for that year. The audit shall be
conducted in accordance with Generally Accepted Government Auditing Standards
(GAGAS) and OMB Circular A-133. The audit shall determine whether the financial
statements are presented fairly in all material respects in conformity with generally
accepted accounting principles.
In addition to the above requirements, the auditor shall perform procedures to obtain
an understanding of internal controls and perform sufficient testing to ensure
compliance with the procedures. Further the auditor shall determine whether the Sub -
Recipient has complied with laws, regulations and the provisions of this Agreement.
A reporting package shall be submitted within the earlier of 30 days after receipt of
the auditor's report(s) or nine (9) months after the end of the audit period. The
reporting package will include the certified financial statements and schedule of
expenditures of Federal Awards; a summary schedule of prior audit findings; the
auditor's report and the corrective action plan. The auditor's report shall include:
a) an opinion (or disclaimer of opinion) as to whether the financial
statements are presented fairly in all material respects in conformity with
generally accepted principles and an opinion (or disclaimer of opinion) as to
whether the schedule of expenditures of Federal Awards is presented fairly in
all material respects in relation to the financial statements taken as a whole.
b) a report on internal controls related to the financial statements and major
programs. This report shall describe the scope of testing of internal controls
and the results of the test, and, where applicable, refer to the separate schedule
of findings and questioned costs.
c) a report on compliance with laws, regulations, and the provisions of
contracts and/or this Agreement, noncompliance with which could have a
material effect on the financial statements. This report shall also include an
opinion (or disclaimer of opinion) as to whether the Sub -Recipient complied
with the laws, regulations, and the provisions of contracts and this Agreement
which could have a direct and material effect on the program and, where
applicable, refer to the separate schedule of findings and questioned costs.
d) a schedule of findings and questioned cost which shall include the
requirements of OMB Circular A-133.
6.7.2 Idle Sub -Recipient expends Iess than $500,000 in the fiscal year it is exempted
from Federal audit requirements for that year and consequently the audit cost is
not a reimbursable expense. The City, however, may request the Sub -Recipient to
have a limited scope audit for monitoring purposes. These limited scope audits
will be paid for and arranged by the City and address only one or more of the
following types of compliance requirements: activities allowed or disallowed;
allowable costs/cost principles; eligibility; matching, level of effort, earmarking;
and, reporting.
All reports presented to the City shall, where applicable, include sufficient
information to provide a proper perspective for judging the prevalence and
consequences of the findings, such as whether an audit finding represents an
isolated instance or a systemic problem. Where appropriate, instances identified
shall be related to the universe and the number of cases examined and quantified
in terms of dollar value.
6.7.3 The Sub -Recipient shall include in all subcontracts to carry out any eligible
substantive programmatic services, as such services are described in this
Agreement and defined by the City, each of the record keeping and audit
requirements detailed in this Agreement. The City shall in its sole discretion
determine when services are eligible substantive programmatic services and
subject to the audit and recordkeeping requirements described above.
5. ARTICLE XXI Insurance; Section 21.1 is amended to read as follows:
21.1 At all times during the term hereof, the Sub -Recipient shall maintain insurance
acceptable to the CITY. Prior to commencing any activity under this Agreement,
the Sub -Recipient shall furnish to the CITY original certificates of insurance
indicating that the Sub -Recipient is in compliance with the provisions described
in Exhibit D attached hereto, which by this reference is incorporated into this
Agreement.
The Sub -Recipient shall require the General Contractor and Sub -contractors to
maintain insurance acceptable to the CITY at all times during the term hereof.
Prior to commencing any activity under this Agreement, the Sub -Recipient shall
require the General Contractor and Sub -contractors to furnish to the City of
Miami, Department of Community Development, 444 S.W. 2nd Avenue — 2nd
Floor, Miami, Florida 33130, Certificate(s) of Insurance evidencing insurance
coverage that meets the requirements outlined in Exhibit E attached hereto, which
by this reference is incorporated into this Agreement.
6. EXHIBIT B -- Work Program is removed and replaced with a new Exhibit B attached to this
amendment.
7. EXHIBIT C — Compensation and Budget Summary is removed and replaced with a new
Exhibit C attached to this amendment.
8. EXHIBIT D Insurance Requirements for Sub -Recipient Public Facilities & Improvements is
incorporated into this agreement and attached hereto.
9. EXHIBIT E Insurance Requirements for General Contractor Public Facilities &
Improvements is incorporated into this agreement and attached hereto.
IN WITNESS THEREOF, the City and Sub -Recipient have caused this instrument to be
executed by their respective officials as of the date of the first above written.
ATTEST:
i /'A
Name:
Title
nuel Alonso-Poste
President
CORPORATE SEAL:
ATTEST:
Priscilla A. Thompson Date
City Clerk
SUB -RECIPIENT
The Association for the Development of the
Exceptional, Inc.
2801 N. Miami Ave.
Miami, Florida 33127
a Florida not -for -profit corporation
Name: Helena Del Monte Date
Title: Executive Director
CITY OF , a municipal Corporation
of the St to rida
Bv:
Pedro G. Hernand
City Manager
/5*7
Date
APPROVED AS TO APPROVED AS TO INSU
FORM AND CORRECTNESS:
By �' ` -- � By!'
Jorge L. andez Date LeeAnn'Br
aty Att. Director, ' isk Management
REQUIREMENTS:
:.0�et. /to
r/ 7
Date