Loading...
HomeMy WebLinkAboutBack-Up DocumentsSECOND AMENDMENT TO ANTI -POVERTY INITIATIVE FUNDING AGREEMENT BY AND BETWEEN THE CITY OF MIAMI, FLORIDA AND SUNSHINE FOR ALL, INC. This Second Amendment to the Anti -Poverty Initiative Funding Agreement ("Second Amendment") by and between the City of Miami, Florida, a municipal corporation of the State of Florida, located at 444 SW 2nd Avenue, Miami, FL 33130 ("CITY"), and Sunshine for All, Inc., a Florida not for profit corporation, located at 1407 SW 22 Street, Miami, FL 33145 ("RECIPIENT") is entered into as of this day of , 2020. The CITY and RECIPIENT may each be referred to as a "Party" and may collectively be referred to as the "Parties." RECITALS: WHEREAS, the CITY, pursuant to Resolution No. R-19-0349, the City approved providing Anti -Poverty Initiative ("API") Funds to the RECIPIENT in the not to exceed amount of One Hundred Seventy -Three Thousand, Four Hundred Twenty Dollars ($173,420.00) ("Initial Funds"); and WHEREAS, the CITY and RECIPIENT, on October 25, 2019, entered into an Anti - Poverty Initiative Funding Agreement ("API Agreement") to set forth the terms and conditions relating to the use of the Initial Funds; and WHEREAS, the CITY, pursuant to Resolution No. R-20-0104, the City approved providing Anti -Poverty Initiative ("API") Funds to the RECIPIENT in the not to exceed amount of One Hundred Seventy -Three Thousand, Four Hundred Twenty Dollars ($173,420.00) ("Secondary Funds"); WHEREAS, the CITY and RECIPIENT, on April 9, 2020, entered into an Anti -Poverty Initiative Funding Agreement Amendment ("API Amendment") WHEREAS, the CITY wishes to provide RECIPIENT with additional API Funds in an amount not to exceed Three Hundred Seventy Three Thousand Seven Hundred and Fifty ($373,750) ("Additional Funds") to continue the API Senior Meals Program as described in the API Agreement; and WHEREAS, the City adopted Resolution No. R-20- on September 10, 2020 wherein the CITY approved providing the Recipient with the Additional Funds for the API Meals Program; and WHEREAS, the CITY agrees to execute this Second Amendment with the RECIPIENT to set forth the terms and conditions relating to the use of the API Funds and the Additional Funds by the RECIPIENT; NOW, THEREFORE, in consideration of the mutual covenants and promises herein, the Parties agree as follows: 1. The recitals are true and correct and are hereby incorporated into and made a part of this First Amendment. 2. Paragraph 2 of the API Agreement entitled Term is amended to continue until September 30, 2021. 3. Paragraph 4.A. is amended to provide the recipient the not to exceed amount of Seven Hundred Twenty Thousand Five Hundred Ninety Dollars ($720,590.00). 4. Exhibit "D" in the API Initial Amendment is deleted and replaced with the Exhibit "D" attached and incorporated herein to this Second Amendment. 5. All other terms and conditions of the API agreement remain in effect and unmodified. (The remainder of this page is intentionally blank; Signature page to follow) IN WITNESS WHEREOF, the Parties hereto have caused this Second Amendment to be executed by their respective officials thereunto duly authorized on the date above written. "CITY" CITY OF NHANH, a municipal ATTEST: corporation of the State of Florida By: By: Todd B. Hannon, Date City Clerk Arthur Noriega V City Manager Date APPROVED AS TO LEGAL FORM AND APPROVED AS TO INSURANCE CORRECTNESS: REQUIREMENTS: By: By: Victoria Mendez Date Ann -Marie Sharpe Date City Attorney Director Risk Management "RECIPIENT" ATTEST: SUNSHINE FOR ALL, INC. A Florida Not -For -Profit Corporation By: Print Name: Print Name: Title: Title: ANTI -POVERTY INITIATIVE FUNDING AGREEMENT COMPOSITE EXHIBIT "D" API AGREEMENT COMPOSITE EXHIBIT "D" PAYMENT SCHEDULE 1. The CITY shall pay the RECIPIENT, up to the sum of $720,590.00 for the services provided pursuant to this Agreement. 2. Request for Payments should be submitted to the CITY in a form provided by the City and included in this Exhibit as Request for Payment Form. 3. The RECIPIENT must submit the final request for payment to the CITY within 30 calendar days following the expiration date or termination date of this Agreement in a form provided by the CITY. If the RECIPIENT fails to comply with this requirement, the RECIPIENT shall forfeit all rights to payment and the CITY shall not honor any request submitted thereafter. 4. Schedule of payments to RECIPIENT will be as follows: 15 payments a. The payments for the first allocation will be over four (4) payments from October 1, 2019 to March 31, 2020: i. First allocation payments: (1) October/November; (2) December/January; (3) February; (4) March ii. The March payment will be held until all reports are received and the 30,160 homebound meals are provided and confirmed by the monthly report. iii. Homebound meals to 232 participants 1 time per day from October 1, 2019 to March 31, 2020. b. The payments for the second allocation will be over four (4) payments from April 1, 2020 to September 30, 2020: i. Second allocation payments: (5) April/May; (6) June/July; (7) August; (8) September ii. The September payment will be held until all reports are received and the additional 30,160 homebound meals are provided and confirmed by the monthly report. This will bring the total meals for this agreement to 60,320. iii. Homebound meals to 232 participants 1 time per day from April 1, 2020 to September 30, 2020. iv. At the end of this allocation a total of eight (8) payments will have been processed. v. Senior residents, at least 62 years of age, of the City of Miami in District 4 (X) Monday, (X) Tuesday, (X) Wednesday, (X) Thursday, (X) Friday, Saturday, Sunday c. The payments for the third allocation will be over seven (7) payments from October 1, 2020 to September 30, 2021: i. Third allocation payments: (9)October/November; (10) December/January; (11) February/ March; (12) April/May; (13) June/July; (14)August; (15) September ii. The September payment will be held until all reports are received and the additional 32,500 homebound meals are provided and confirmed by the monthly report. This will bring the total meals for this agreement to 92,820. iii. Homebound meals to 250 participants 1 time per day from October 1, 2020 to September 30, 2021 iv. At the end of this allocation a total of fifteen (15) payments will have been processed. v. Senior residents, at least 62 years of age, of the City of Miami in District 4 (I) Monday, (X) Tuesday, (X) Wednesday, (X) Thursday, (X) Friday, Saturday, Sunday 5. Any payments due under this Agreement may be withheld pending the receipt and approval by the CITY of all reports and information due from the RECIPIENT as a part of this Agreement and any modifications thereto. SIGNED: Date STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this by , a Florida not -for -profit corporation, on behalf of the corporation. He/She is personally known to me or has produced as identification. (SEAL) Print Notary Public's Name Signature API Request for Payment Form Date: Invoice Number: Send to: City of Miami Office of Grants Administration 444 SW 2nd Ave., 5th Floor Miami, FL 33130 Program/Project Title: Recipient's Name: Recipient's Address: I hereby request payment in the amount of $ for expenses incurred in relation to the City of Miami Anti -Poverty Initiative Activity/Program/Services provide below. Number of People Served/Location of Services Service Description Rate Amount TOTAL: $ I certify that the Program/Service was provided in accordance to the approved Program/Project as described in the API Funding Request Form and that expenses were incurred in the provision of said Program/Service. Authorized Representative Type Name Signature Title: D ate