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HomeMy WebLinkAboutExhibit 1AMENDMENT #3 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 (CAMACOL) ("SUB -RECIPIENT"), dated December 1, 2009 (the "Agreement"), is entered into this day of , 2011. 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 (S250,000.00) 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 — Connmercial 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. 10-0509, passed and adopted by the City of Miami Commission on November 18, 2010, allocating 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 extending the term to December 31, 2010. WHEREAS, CAMACOL has an amount of S230,945.01 left on the contract at the end of the 2009-2010 program year for District 3. WHEREAS, pursuant to Resolution No. R- , adopted 2011, the Miami City Commission authorized the extension of the Agreement from December 31, 2010 to March 30, 2012, for economic development activities associated with the commercial facade projects located in District 3. 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: ot II --ti 1. Exhibit B — WORK PROGRAM is replaced with the revised EXHIBIT B attached to this amendment. 2. Exhibit C-- Compensation and Budget Summary of the Agreement is amended to the new Exhibit C attached to this Amendment., 3. SECTION 3.2 OF THE AGREEMENT EFFECTIVE DATE AND TERM a. Effective Date of this Agreement shall be the latter of December 31, 2010 or the date that the City Clerk attests the signature of the City Manager through March 30, 2012. 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 (CAMACOL) 1401 W. Flagler St Miami, Florida 33135 a Florida not for profit corporation By: Name: Title: Date ATTEST: CITY OF MIAMI, a municipal Corporation of the State of Florida Priscilla A. Thompson Date Date City Clerk City Manager APPROVED AS TO APPROVED AS TO FORM AND INSURANCE REQUIREMENTS: CORRECTNESS: Date Julie O. Bru Director Risk Management City Attorney Date EXHIBIT B — WORK PROGRAM COMMERCIAL FACADE AND CODE COMPLLANCE PROGRAM National Objective 1. The SUB -RECIPIENT understands that Area Benefit is the National Objective that has been identified as a priority by the CITY for this program. a. An eligible business must serve an area with census blocks with a percentage of low and moderate income persons in excess of 51 percent per 24 CFR 570.208 (a)(1)(i) and that is primarily residential in character. b. Attached hereto and made part of this Agreement is the map of the Commercial Facade's Service Area for District 3 of the City of Miami. Only businesses located in this Service Area can be assisted under this program. Scope of Services: 1. The Commercial Facade and Code Compliance Program Policies and Procedures Manual ("Manual") defines eligible businesses and it is incorporated as per Section 3.4.2 of this agreement. 2. The SUBRECIPIENT understands that eligible facade improvements include signs, shutters, windows, doors, awnings, pressure cleaning and painting. 3. The SUBRECIPIENT understands eligible corrections of a code violation ("Code Violation Project") must include rehabilitation to the building structure as stated on the notice of code violation issued by the CITY and specified in the City of Miami Commercial Facade Treatment and Code Compliance Program Policies and Procedures Manual (the "Manual") . 4. SUBRECIPIENT understands that project work cannot beein until the HUD environmental process is completed and the agency receives written authorization from the City to proceed in the form of the environnental clearance letter (Approval for Project Commencement fonn). 5. SUBRECIPIENT will not submit an activity for approval whose Letter of Interest is incomplete or dated more than six (6) months prior to the date of submission for the approval of the City of Miami. 6. The SUBRECIPIENT should complete: • A minimum of • A minimum of facade projects on an annual basis code correction projects on an annual basis 7. The SUBRECIPIENT understands that facade and code compliance projects must be completed by March 31, 2012. Any treatment/project completed by March 31, 2012 will .count towards the 37`1' Program Year accomplishments. SUBRECIPIENT understands that a project/treatment is considered completed the date the property owner signs the Final Payment Release Authorization form. 8. SUBRECIPIENT understands and agrees that the following report must be submitted to comply with the program requirements: a. SUBRECIPIENT must submit a monthly report, which is due no later than the 10th of the following month detailing the location and status of the facade project. The monthly report is to be submitted using Form F102. b. A final Close -Out (financial report) and inventory report. 9. The work performed under this Work Program shall be subject to inspection and approval by the CITY. 10. The SUBRECIPIENT agrees with and understands that assistance shall be provided as per the program requirements and guidelines set forth in the Manual, incorporated by reference, which may be amended from time to time by the CITY. 11. By signing below, the SUBRECIPIENT hereby acknowledges receipt of the Manual. Name: Date Agency: Camara Comercio T atina de los Estados Unidos (CAMACOL) EXHIBIT C - COMPENSATION AND BUDGET SUMMARY COMMERCIAL FACADE AND CODE COMPLIANCE PROGRAM SUBRECIPIENT understands that compensation will be as follows: a. Facade Projects: i. The SUBRECIPIENT's maximum compensation for facade projects soft cost is S46,189 not to exceed 20% of actual hard costs. ii. The CITY will pay up to S184,756.01 for the facade projects hard costs. The CITY will not reimburse and/or pay the SUBRECIPIENT and/or contractor for project costs exceeding these amounts. b. Code Compliance Projects: i. The SUBRECIPIENT's maximum compensation for code compliance projects soft cost is $ ii. The CITY will pay up to $ for the code compliance projects hard costs. The CITY will not reimburse the SUBRECIPIENT and/or contractor for project costs exceeding these amounts. SUBRECIPIENT's Itemized Budget, Cost Allocation, Budget Narrative, and Staff Salaries Schedule are attached hereto and made part of this contract. 3. Payment Procedure will be as follows: a. Requests for payment should be made at least on a monthly basis in a form to be provided by the Department. b. Reimbursement requests should be submitted to the CITY within thirty (30) calendar days after the indebtedness has been incurred in a form provided by the Department. c. Each written request for payment shall contain a statement declaring and affirming that services were provided to certified program participants and in accordance with the approved Work Program and Program Budget. All documentation in support of each request shall be subject to review and approval by the CITY at the time the request is made. d. In addition to the request for payment, the SUBRECIPIENT must submit a Budget to Actual Expenditure Report along with the documents supporting expenditures: i. Verifiable hours of service related to soft costs are those hours of service provided by the SUBRECIPIENT that can be substantiated by the payroll and other pertinent records and which are reasonable, necessary and directly allocable to the business participating in the .facade/code enforcement program from the SUBRECIPIENT. ii. All expenditures must be verified with a copy of the original invoice and a copy of a check or other form of payment which was used to pay that specific invoice. Within sixty (60) days. of submitting each reimbursement request, copies of the cancelled checks or other CITY approved documents evidencing the payments by the SUBRECIPIENT, for which reimbursement was requested, shall be submitted. In the event that an invoice is paid by various funding sources, the copy of the invoice must indicate the exact amount (allocation) paid by various funding sources equaling the total of the invoice. No miscellaneous categories shall be accepted as a line -item budget. e. Absent the completion of a facade and/or code enforcement project, the City will pay up to one half the amount of the grant for soft costs, not to exceed $23.094.50, to the SUBRECIPIENT. Once the SUBRECIPIENT documents the implementation of the required facade/code enforcement projects and/or treatment equivalent to the soft costs paid by the CITY, payments will resume. 4. During the tenn 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. 5. The SUBRECIPIENT must submit the request for final payment to the CITY within 10 (ten) calendar days following the expiration date or tennnination 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 honor any request submitted thereafter. The final reimbursement request might not be processed if the close out package has not been properly completed and submitted to the Department of Community Development by the due date. 6. 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: Date Agency: Camara Comercio Latina de los Estados Unidos (CAMACOL)