HomeMy WebLinkAboutAmendment #1AMENDMENT #1
This Amendment to the Agreement between the City of Miami, a municipal
corporation of the State of Florida ("City") and Tarpun Bay USA, Inc. ("Sub- ecipient")
dated August 10, 2005 (the "Agreement") is entered into this day of
1.1 ?Zs( , 200).
RECITAL
WHEREAS, pursuant to Resolution No. 05-0291, passed and adopted by the
City of Miami Commission on May 12, 2005, 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 $90,000.00 (ninety thousand) dollars to create
and maintain six (6) new jobs for residents of Little Haiti/District 5 area; and
WHEREAS, pursuant to Resolution No. 01-632, passed and adopted by the City
of Miami Commission on July 10, 2001 allows for automatic roll over awards for multi-
year projects funded by the CDBG Programs; and
WHEREAS, pursuant to Resolution No. 05-0682, passed and adopted by the City
of Miami Commission on November 17, 2005 which authorizes the extension and
rollover of these funds; and
WHEREAS, pursuant to Resolution No. 06-0650, passed and adopted by the City
of Miami Commission on November 9, 2006 which authorized the transfer of seventy
thousand dollars ($70,000) from this project; and
WHEREAS, pursuant to Resolution No. 06-0713, passed and adopted by the City
of Miami Commission on December 14, 2006 which approved seventy thousand dollars
($70,000) to completed for the rehabilitation of a building to open a restaurant that would
result in the creation of 6 jobs for low to moderate income people in the Little Haiti area;
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 III, TERMS AND PROCEDURES; Section 3.2 Effective Date and
Tenn is amended to read as follows:
The Term of this Agreement shall commence on October I, 2004 and shall end
on September 30, 2007.
2. Exhibit C of the Agreement (Budget) is amended to the new Exhibit C attached to
this Amendment.
3. Exhibit J of the Agreement (Insurance Requirements for the General Contractor) is
amended to the new Exhibit J attached to this Amendment.
4. Exhibit K (Insurance Requirements for the Subrecipient) is incorporated to this
Agreement, and attached hereto.
5. ARTICLE III TERMS AND PROCEDURES; Section 4.2 BONDING AND
INSURANCE is amended to read as follows:
At all times during the term hereof, the Subrecipient shall maintain insurance
acceptable to the CITY. Prior to commencing any activity under this Agreement,
the Subrecipient shall furnish to the CITY original certificates of insurance
indicating that the Subrecipient is in compliance with the provisions described in
Exhibit K attached here to, which by this reference is incorporated into this
Agreement.
The Subrecipient 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 Subrecipient 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 J attached hereto, which by this
reference is incorporated into this Agreement.
6. 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.
7. 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.
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:
SUBRECIPIENT
Tarpun Bay USA, Inc.
PO Box 370671
Miami, Florida 33137-0671
a Florida for profit corporation
Of % cer's ` ame:is
T. le:
CORPORATE SEAL:
Date
ATTEST:
j /_
-
Priscilla A. t hompson Date Pedro G. Herna
City Clerk ` City Manager
CITY OF MIAMI, a municipal Corporation
of the State of Florida
APPROVED AS TO
APPROVED AS TO FORM AND
INSURANCE REQUIREMENTS: CORRECTNESS:
LeeAnn Brehm
J/-)147
Date
Administrator Risk Management
Jorge L. Fe andez
Citysrn y
Date