HomeMy WebLinkAbout23866AGREEMENT INFORMATION
AGREEMENT NUMBER
23866
NAME/TYPE OF AGREEMENT
MIAMI-DADE COUNTY
DESCRIPTION
1ST AMENDMENT TO INTERLOCAL
AGREEMENT/EXTENSION OF CONTRACT CORONAVIRUS
RELIEF FUND
EFFECTIVE DATE
April 8, 2021
ATTESTED BY
ATTESTED DATE
DATE RECEIVED FROM ISSUING
DEPT.
4/20/2022
NOTE
3'6LQLP
OFFICIAL FILE COPY
CLERK OF THE HOARD
OF COUNTY COMMISSIONERS
ML tI-DADE COUNTY, FLORIDA
FIRST AMENDMENT TO 1NTERLOCAL AGREEMENT
FOR FEDERALLY -FUNDED SUBAWARD
This First Amendment ("First Amendment") to Interlocal Agreement dated SEPTEMeER I t 2020
(the "Original Agreement") by and between Miami -Dade County. a political subdivision of the State of
Florida (the "County"), and Cnll oP M t.4w t . a municipal corporation located within the
geographic boundaries of Miami -Dade County. Florida (the "Municipality". and together with the County.
the "Parties''), is entered into this 8'".. day of krItit- . 2021.
WHEREAS, on August 4, 2020. the Miami -Dade Board of County Commissioners (the "Board")
adopted Resolution No. R-781-20 which. among other things. authorized the County Mayor or Mayor's
designee to negotiate and execute interlocal grant agreements with each of the municipalities in the
County. using a total of not -to -exceed S100,000,000.00 in CARES Act CRF funds allocated as follows:
(1) $75,000,000.00 for reimbursement of FEMA local rnatch eligible expenditures and any CARES Act
eligible governmental operations expenditures that are not FEMA reimbursable. and (2) $25,000,000.00
for municipal programmatic proposals subject to approval in advance by the Board; and
WHEREAS, the County and the Municipality subsequently entered into the Original Agreement
setting forth the terms of the dissemination of such CARES Act CRF funds to the Municipality for
reimbursement of such eligible expenditures; and
WHEREAS. on December 27, 2020, President Donald Trump signed into law H.R. 133, the
Consolidated Appropriations Act, 2021. which extended the deadline by which expenditures under the
CARES Act CRF must be incurred from December 30, 2020 to December 31, 2021; and
WHEREAS, accordingly. on Januaty 26, 2021, the Board adopted Resolution No. R-86-21. which
extended the deadline for municipalities that have received CARES Act CRF finds from the County for
COVID-19 pandemic response until September 30, 2021 to expend such funds; and
WHEREAS. by this First Amendment. the Parties now wish to amend the Agreement as set forth
herein to effectuate the purposes of Resolution No. R-86-21; and
WHEREAS, the Parties desire that all other terms and conditions of the Agreement remain in full
force and effect.
NOW THEREFORE. in consideration of the mutual covenants and promises contained herein.
the Parties agree as follows:
1. Recitals. The foregoing recitals are incorporated herein by this reference.
2. Capitalized Terms. Except as otherwise defined herein. capitalized ternts shall have the
meanings assigned to them in the Agreement. All Article and Section references shall refer to the
corresponding Article and Section in the Agreement.
3. Affirmation of Agreement. Except as expressly set forth in this First Amendment. the
Agreement shall remain unmodified and in full force and effect. and is hereby affirmed and ratified. In the
event of any inconsistency between the terms of the Agreement and the terms of this First Amendment,
the terms of this First Amendment shall govern and control in all respects. All references to the Agreement
shall be deemed references to the Original Agreement as amended by this First Amendment.
4. Amendments.
4.1 Article IV Amended. In Article IV, Section C, of the Agreement, "December 30,
2020" is hereby deleted and replaced with 'December 31, 2021".
4.2 Article VI Amended. In Article VI, Section A, of the Agreement, "December 30,
2020" is hereby deleted and replaced with "September 30, 2021".
5. Severability. In the event that any condition, covenant, or other provision herein contained
is held to be invalid or void by any court of competent jurisdiction, the same shall be deemed severable
from the remainder of this First Amendment and shall in no way affect any other condition, covenant, or
other provision herein contained. If such condition, covenant, or other provision shall be deemed invalid
due to its scope or breadth, such condition, covenant, or other provision shall be deemed valid to the extent
of the scope and breadth permitted by law.
6. Further Action/Amendment. The Parties shall execute and deliver all documents,
provide all information, and take or forbear from all such action as may be necessary or appropriate to
achieve the purposes of this First Amendment.
7. Governing Law. This First Amendment shall be construed, performed, and enforced in
all respects in accordance with the laws and rules of the State of Florida. Venue or location for any legal
action arising under this First Amendment will be in Miami -Dade County, Florida.
8. No Third Party Beneficiary Rights. This First Amendment is not intended to create, nor
shall it be in any way interpreted or construed to create, any third party beneficiary rights in any person
not a Party hereto.
9. Authority. The individuals who execute this First Amendment represent and warrant that
they are duly authorized to execute this instrument on behalf of each Party and that no other signature,
act, or authorization is necessary to bind the Parties to this First Amendment.
IN WITNESS WHEREOF, the parties have etiecuted this Amendment as of the day and year first
written above.
Miami-D. County. tlorida:
13y
Edward Marquez
Chief Finance Offieer/Finuance Di t; ctor
Date: `!' l l 3 ! 2
APPROVED AS TO FORM AND l..EGAL.
SUFFICIENCY:
0: 6.kciaLsk.
Assistant County Attorney
City of Mia
Name: Arth Norieua. V
Title: City Manager
Date:
Attested by:
(
April 13, 2021
IN WITNESS WHEREOF, the parties have executed this Amendment as of the day and year first
written above.
Miami-D County. y1otida:
Edward Marquez
Chief Finance {)fficer'Finance Di (nor
Date: _lit 1..717....77
APPROVED AS .10 FORM AND LEGAL
SUFFICIENCY:
Assistant County Attorney
City of Mia
Name: Arth, • Noricua. V
Title: Cite ?tanager
Date:
Attested by:
April 13, 2021
Olivera, Rosemary
From: Ewan, Nicole
Sent: Wednesday, April 20, 2022 4:44 PM
To: Olivera, Rosemary; Lee, Denise
Subject: FW: Audit Review Notes - AL 21.019 Signed Contracts
Attachments: Final Executed - City of Miami - Interlocal Agreement SIGNED (1).pdf; Final &
Executed - City of Miami - First Amendment to Interlocal Agreement SIGNED (1).pdf
Hi Rosemary and Denise,
We do not have copies of these agreements which has to do with the CARES Act and I am not sure we will be getting an
originals. Let's file these copies in our records so we can at least have them.
If you have any questions, please let me know.
Have a great evening!
NizoLe 6waw, MPA, CMG
Assistavit Citt CLerh
City of Mist oki,
city CLerle's
3500 Paw Avv erizavv, Drive
Miavu.i, FL 33133
Ph: (305) 250-5347
PcX: (305) 858-1610
Servivi,S, avid Travisform/t.ivLg our Covv,wt,uwit�
From: Paschal, Erica <EPaschal@miamigov.com>
Sent: Wednesday, April 20, 2022 4:40 PM
To: Ewan, Nicole <newan@miamigov.com>
Subject: Fwd: Audit Review Notes - AL 21.019 Signed Contracts
We located. Please find attached for your records.
Erica T. Paschal -Darling, CPA
Director
Finance Department
444 SW 2nd Avenue, 6th Floor
Miami, Florida 33130
(305) 416-1328 Office
(305) 400-5048 Fax
epaschal@miamigov.com
Begin forwarded message:
From: Andre McIntosh<andre.mcintosh@hagertyconsulting.com>
Date: April 20, 2022 at 4:23:48 PM EDT
1
To: "Paschal, Erica" <EPaschal@miamigov.com>
Cc: Beth McQuaid<beth.mcquaid@hagertyconsulting.com>, "Ramos, Noel" <NRamos@miamigov.com>
Subject: Re: Audit Review Notes - AL 21.019 Signed Contracts
CAUTION: This is an email from an external source. Do not click links or open attachments unless you recognize the
sender and know the content is safe.
These are saved on your municipality page in GMS... I think it's what you are looking for
Andre McIntosh
Senior Managing Associate
Recovery Division
HAGERTY CONSULTING
andre.mcintosh@hagertyconsulting.com
Mobile: (917) 705-2490
On Apr 20, 2022, at 2:14 PM, Paschal, Erica <EPaschal@miamigov.com> wrote:
Andre,
Are you able to forward the fully executed versions of the attached contracts?
Erica T. Paschal -Darling, CPA
Director
Finance Department
444 SW 2nd Avenue, 6th Floor
Miami, Florida 33130
(305) 416-1328 Office
(305) 400-5048 Fax
epaschal@miamigov.com
Begin forwarded message:
From: "Ramos, Noel" <NRamos@miamigov.com>
Date: April 20, 2022 at 3:50:16 PM EDT
To: "Paschal, Erica" <EPaschal@miamigov.com>
Subject: FW: Audit Review Notes - AL 21.019 Signed Contracts
Hi Erica,
How will should contact to get the full executed contracts for
CARES Act.
Noel
From: Garcia, Danae <Danae.Garcia@rsmus.com>
Sent: Wednesday, April 20, 2022 3:45 PM
To: Rojas, Victoria <VRoias@miamigov.com>; Garcia, Sergio
<SergioGarcia@miamigov.com>
Cc: Danae Garcia <dgarcia@skitlIp.com>; Eisenhart, Maria
<meisenhart@miamigov.com>; Auguste, Alex
<Alex.Auguste@rsmus.com>; Ramos, Noel <NRamos@miamigov.com>
Subject: Audit Review Notes - AL 21.019 Signed Contracts
CAUTION: This is an email from an external source. Do not click links or open attachments unless you
sender and know the content is safe.
Good afternoon Victoria and Sergio,
Please, provide the following contracts with all signatures:
1. CRF Amendment agreement attached is missing a signature,
please provide a copy with all signatures.
2. Please, provide a copy of the full executed and signed contract
between the City and MDC for FY 2020-2021.
I will appreciate your prompt response, since RSM wants to finalize the
single audit as soon as possible.
Thank you,
Danae Garcia
<CRF Amendment Agreement - Executed by City of Miami.pdf><A#2653 & 2689-County
reso extending awards.pdf>