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AMENDMENT NO. 1 TO THE GRANT AGREEMENT
BETWEEN
THE CITY OF MIAMI BEACH, FLORIDA
AND
MIAMI-DADE COUNTY HOMELESS TRUST
TO PROVIDE HOMELESS SERVICES
This Amendment No. 1 (Amendment) to the Grant Agreement (the Agreement), dated
March 2,2020, by and between the City of Miami Beach, Florida, a municipal corporation
organized and existing under the laws of the State of Florida, having its principal place of
business at 1700 Convention Center Drive,Miami Beach, Florida 33139(City),and Miami-
Dade County Homeless Trust, an agency and instrumentality of Miami-Dade County,
Florida, having its principal place of business at 111 NW 1s' Street, Suite 27-310, Miami,
FL 33128 (Grantee to provide homeless services is entered into this 12th day of
January (Effective Date):
RECITALS
WHEREAS, on October 30, 2019, the Mayor and City Commission adopted .
Resolution 2019-31082, approving an award. of $125,000 (the "Grant") to support
homeless services administered by the Grantee; and
WHEREAS, on March 2, 2020, the City and Grantee executed the Agreement for
the provision of homeless services and did not anticipate the impact of COVID-19 in.
delivering services; and
WHEREAS, as per the request of the Grantee, a term amendment to the
Agreement must be made to extend the expendituredeadline to September 30, 2021 to
enable the Grantee sufficient time to comply given.the challenges imposed by compliance
with COVID-19 health guidelines.
NOW THEREFORE, in consideration of the mutual promises and conditions
contained herein, and other good and valuable consideration, the sufficiency of which is
hereby acknowledged, the City and Grantee hereby agree to amend the Agreement as
follows:
1. ABOVE RECITALS.
The above recitals are true and correct and are incorporated as part of this
Amendment.
2. MODIFICATIONS.
a. Article I/Grant Description, of the Agreement is hereby modified to amend the
expenditure deadline from September 30, 2020 to September 30, 2021.
b. A new Section 30 under Article III is hereby added to the Agreement, as follows:
30. INSPECTOR GENERAL AUDIT RIGHTS:
A. Pursuant to Section 2-256 of the Code of the City of Miami Beach, the City
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has established the Office of the Inspector General which may, on a random basis,
perform reviews, audits, inspections and investigations on all City contracts,
throughout the duration of said contracts. This random audit,is separate and
distinct from any other audit performed by or on behalf of the City.
B. The Office of the Inspector General is authorized to investigate City affairs and
empowered to review past, present and proposed City programs, accounts,
records, contracts and transactions. In addition, the Inspector General has the
power to subpoena witnesses, administer oaths, require the production of
witnesses and monitor City projects and programs. Monitoring of an existing City
project or program may include a report concerning whether the project is on time,
within budget and in conformance with the contract documents and applicable law.
The Inspector General shall have the power to audit, investigate,monitor, oversee,
inspect and review operations, activities, performance and procurement process
including but not limited to project design, bid specifications, (bid/proposal)
submittals, activities of Grantee, its officers, agents and employees, lobbyists, City
staff and elected officials to ensure compliance with the contract documents and
to detect fraud and corruption. Pursuant to Section 2-378 of the City Code, the City
is allocating a percentage of its overall annual contract expenditures to fund the
activities and operations of the Office of Inspector General.
C. Upon ten (10) days written notice to Grantee, Grantee shall make ail requested
records and documents available to the Inspector General for inspection and
copying. The Inspector General is empowered to retain the services of
independent private sector auditors to audit, investigate, monitor, oversee, inspect
and review operations activities, performance and procurement process including
but not limited to project design, bid specifications, (bid/proposal) submittals,
activities of Grantee, its officers, agents and employees, lobbyists, City staff and
elected officials to ensure compliance with the contract documents and to detect
fraud and corruption.
D.The Inspector General shall have the right to inspect and copy all documents and
records in Grantee's possession, custody or control which in the Inspector
General's sole judgment, pertain to performance of the contract, including, but not
limited to original estimate files, change order estimate files,worksheets, proposals
and agreements from and with successful subcontractors and suppliers,all project-
related correspondence, memoranda, instructions, financial documents,
construction documents, (bid/proposal) and contract documents, back-change
documents, all documents and records which involve cash, trade or volume
discounts, insurance proceeds, rebates, or dividends received, payroll and
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personnel records and supporting documentation for the aforesaid documents and
records.
E. Grantee shall make available at its office at all reasonable times the records,
materials, and other evidence regarding the acquisition (bid preparation). and
performance of this Agreement, for examination, audit, or reproduction, until three
(3)years after final payment under this Agreement or for any longerperiod required
by statute or by other clauses of this contract. In addition:
i. If this Agreement is completely or partially terminated, Grantee shall make
available records relating to the work terminated until three(3)years after any
resulting final termination settlement; and
ii. Grantee shall make available records relating to appeals or to litigation or the
settlement of claims arising under or relating to this Agreement until such
appeals, litigation, or claims are finally resolved.
F. The provisions in this section shall apply to. Grantee, its officers, agents,
employees,subcontractors and suppliers. Grantee shall incorporate the provisions
in this section in all subcontracts and all other agreements executed by Grantee in
connection with the performance of this Agreernent.
G. Nothing in this section shall impair any independent right to the City to conduct
audits or investigative activities.The provisions of this section are neither intended
nor shall they be construed to impose any liability on the City by Grantee or third
parties.
3. RATIFICATION.
Except as amended herein, all other terms and conditions of the Agreement shall
remain unchanged and in full force and effect. In the event there is a conflict
between the provisions of this Amendment and the Agreement, the provisions of
this Amendment shall govern.
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK
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IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be
executed by their appropriate officials, as of the date first entered above.
FOR CITY: CITY OF MIAMI BEACH, FLORIDA
ATTEST: DocuSigned by:
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By:
Rafael E. Granado, City Clerk Raul J. Aguila, Interim City Manager
Alina T. Hudak City Manager
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Date
FOR GRANTEE: MIAMI-DADE COUNTY HOMELESS
TRUST
ATTEST:
By: 4NEcc�,L
County Clerk unty Mayor
Gene Spencer �ti��/ K!� 6Dtemilb
Print Name Print Name
1/12/21
Date
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APPROVED AS TO
FORM & LANGUAGE
&FOR EXECUTION
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