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HomeMy WebLinkAboutExhibit 1AMENDMENT #2 This Amendment to the Agreement between the City of Miami, a municipal corporation of the State of Florida ("CITY"), and Camara de Comercio Latina de los Estados Unidos, Inc. ("CAMACOL") ("SUB -RECIPIENT"), dated December 1, 2009 (the "Agreement"), is entered into this day of , 2010. 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 two hundred fifty thousand dollars ($250,000.00) in Community Development Block Grant ("CDBG") funds to carry -out Economic Development activities — Commercial Facade Treatment/Code Enforcement as authorized by the CITY Commission through Resolution No. R-09-0295; WHEREAS, Resolution No. 09-0541, passed and adopted by the City of Miami Commission on December 10, 2009, allocated an additional sixteen thousand dollars ($16,000.00) in CDBG funds to continue to carry -out Economic Development activities — Commercial Facade Treatment/Code Enforcement; and WHEREAS, Resolution No. 09-0570, passed and adopted by the City of Miami Commission on December 17, 2009, amended the Agreement for Economic Development activities — Commercial Facade Treatment/Code Enforcement; and WHEREAS, Resolution No. , passed and adopted by the City of Miami Commission on , extended the term of the Agreement to December 31, 2010 and allocated an additional one hundred forty thousand three hundred and forty-five dollars ($140,345.00) in CDBG funds to pay for hard costs associated with Commercial Facade projects that are completed in District 4 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: . Exhibit C of the Agreement (Compensation and Budget Summary) is amended to the new Exhibit C attached to this Amendment. 2. SECTION 3.2 OF THE AGREEMENT EFFECTIVE DATE AND TERM a. Effective Date of this Agreement shall be the latter of October 1, 2009 or the date that the City Clerk attests the signature of the City Manager through December 31, 2010. A/k /0-ki69 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: Name: Title: Date Sub -recipient Camara de Comercio Latina de los Estados Unidos, Inc. (CAMACOL) 1401 W. Flagler St Miami, Florida 33135 a Florida not for profit corporation By: Name: Title: CORPORATE SEAL: Date ATTEST: CITY OF MIAMI, a municipal Corporation of the State of Florida Priscilla A. Thompson Date Carlos Migoya City Clerk City Manager Date APPROVED AS TO APPROVED AS TO FORM AND INSURANCE REQUIREMENTS: CORRECTNESS: Gary Reshefsky Date Julie O. Bru Administrator Risk Management City Attorney Date EXHIBIT C - COMPENSATION AND BUDGET SUMMARY COMMERCIAL FAtyADE AND CODE COMPLIANCE PROGRAM A. The CITY will compensate the SUBRECIPIENT on a performance basis as follows: a. For each facade project, the CITY will compensate the SUBRECIPIENT at a rate of 20% of the actual project cost, up to $2,000 per business location, up to a maximum of $10,000.00 project cost per business,. b. For each code compliance project, the CITY will compensate the SUBRECIPIENT at a rate of 20°%0 of the actual project cost, up to $3,000 per business location, up to a maximum of $15,000.00 project cost per business;. The CITY will compensate the SUBRECIPIENT for their implementation of a project after the facade treatment and/or code compliance project is completed. C. The maximum total compensation in soft costs for this Agreement shall be S266,000.00. SUBRECIPIENT understands that: a. Facade Projects: The SUBRECIPIENT's maximum compensation for facade projects in District 4 is $100.000 and the CITY will reimburse up to $640.345 in hard costs for completed facade projects located in District 4. Maximum compensation for facade projects in District 3 is $150.000 and the CITY will reimburse up to $750.000 in hard costs for completed facade projects in District 3. The CITY will not reimburse the SUBRECIPIENT and/or contractors for project costs exceeding these amounts. Eo le orriplianec Project . The SUBRECIPIENT's maximum compensation in soft costs for code compliance projects is.$16,000.00. D. SUBRECIPIENT's Itemized Budget, Cost Allocation, Budget Narrative, and Staff Salaries Schedule are attached hereto and made part of this contract. E. During the term hereof and for a period of five (5) years following the date of the payment made hereunder, the CITY shall have the right to review and audit the related records of the SUBRECIPIENT pertaining to any payments by the CITY. F. Reimbursement requests should be submitted to the CITY within thirty days after the project is completed. G. The SUBRECIPIENT must submit the request for final payment to the CITY within 30 calendar days following the expiration date or termination date of this Agreement in a form to be provided by the Department. If the SUBRECIPIENT fails to comply with this requirement, the SUBRECIPIENT may forfeit all rights to payment and the CITY may not 1 c honor any request submitted thereafter. The final reimbursement request might not be processed if the close out package has been properly completed and submitted to the Department of Community Development by the due date. H. Any payment due under this Agreement may be withheld pending the receipt and approval by the CITY of all reports due from the SUBRECIPIENT as a part of this Agreement and any modifications thereto. Name: Agency: Date