HomeMy WebLinkAboutR-85-0623RESOLUTION 10. ra2
A RESOLUTION AUTHORIZING THE CITY
14ANAOER TO AMEND, IN A FORM ACCEPTABLE
TO THE CITY ATTORNEY, THE FY '84-'85
CONTRACT DATED OCTOBER 110 1984 BETWEEN
THE CITY OF MIAMI AND MIAMI CAPITAL
DEVELOPMENT, INC. IN ORDER TO EXTEND THE
PERIOD OF THE CONTRACT TO END ON OCTOBER
31, 1985 AND TO DELETE THE AUTOMATIC
t RENEWAL OPTION.
WHEREAS, on March 8, 19840 the City Commission passed
Resolution No. 84-291, approving a contract for the period of
July 1, 1983 to June 10, 1984 with MCDI for $120,000 in
administrative funds and $1,300,000 for the establishment of a
Revolving Loan Fund (RLF); and
WHEREAS, on July 31, 1984, the City Commission passed
Resolution No. 84-867 approving a contract for the period of
July 1, 1984 to June 30, 1985 which provided for $500,000 in
additional funds to increase the $1,300,000 RLF to $1,800,000 and
which also provided $120,000 in administrative funds; and
WHEREAS, on October 11, 1984 a contract was executed for the
period of July 1, 1984 to June 30, 1985 between the City and MCDI
incorporating the $1,800,000 RLF and $120,000 in administrative
funds; and
WHEREAS, the contract notes the contract period as
"..,ending June 30► 1985"; and
WHEREAS, Article 4.2(2) notes a "...1984/85 budget from July �{
1, 1984 to June 30, 1985...n and 14
WHEREAS, Article 7.2 of the MCD1 contract provides that "...
CITE COMMISSION
MEETING OF
JUN 13 J985
IRESOLUMN riu. 8S-623
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the Agreement shall be automatically renewable for abnatoUtiVt
periodS up to a maximum of 2 years) Unless the City gives notice
to the Contractor that it will riot seek renewal 30 days prior to
the expiration date of the then existing term",, and
WHEREAS, Article 7.3 mates that servioes required
hereunder shall be completed by Juno 30o 1985'
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMIt FLORIDA:
Section 1. The City Manager is hereby authorized to amend,
in a form acceptable to the City Attorney., the contract dated
October 110 1984 between the City and Miami Capital Development,
Inc. in order to extend the period of the contract to end on
October 31, 1985 and to delete the automatic renewal option.
PASSED AND ADOPTED this 13th _ day of June —P
1985.
Maurice A. Ferre
RAUURICE A. FERRE, MAYOR
ATTEST:
a
WALPH G%ONGCIfEg,CI�TY—C�L-Q-RK---
PREPARED AND APPROVED BY:
KOGRERT F. CLARK
CHIEF DEPUTY CITY ATTORNEY
APPROVE 0 FORM AND CORRECTNESS;
/L 4A.-FOUGHERM-71TY -ATTORN-EY
85►23
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Aft Am*ndment entered into this ____.... day of
to the FY '84-85 Contract dated October 11, 1984 between the
City of Miami, hereinafter referred to as "CITY" and Miami
Capital Development, Inc. (MCDI), hereinafter referred to as the
"CONTRACTOR."
WHEREAS, on March 8, 1984, the City Commission passed
Resolution No. 84-291, approving a contract for the period of
July 1, 1983 to June 10, 1984 with MCDI for $120,000 in
administrative funds and $1,300,000 for the establishment of a
Revolving Loan Fund (RLF); and
WHEREAS, on July 31, 1984, the City Commission passed
Resolution No. 84-867 approving a contract for the period of
July 1, 1984 to June 30, 1985 which provided for $500,000 in
additional funds to increase the $1,300,000 RLF to $1,800,000 and
which also provided $120,000 in administrative funds; and
WHEREAS, on October 11, 1984 a contract was executed for the
period of July 1, 1984 to June 30, 1985 between the City and MCDI
incorporating the $1,800,000 RLF and $120,000 in administrative
funds; and
WHEREAS, Article 7.2 of the MCDI contract provides that "...
the Agreement shall be automatically renewable for consecutive
periods up to a maximum of 2 years, unless the City gives notice
to the Contractor that it will not seek renewal 30 days prior to
the expiration date of the then existing term"; and
WHEREAS, the contract notes the contract period as
"...ending June 30, 1985"; and
WHEREAS, Article 4.2(2) noteg a ",,,1984/$5 budget from July
1, 1984 to June 30, 19$5..."; and
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A/ ti`t"s 74.1 'l'11 ttg that '"--*all 8*'[ ♦ iG#Fj f0'Qi AAi rGd
hereunder stall be 402010ted by June 3b r 1985,
filE�(fiE, in mutual consideration of the covenants made
herein, and in the agreement of which this is an Amendment, the
parties hereto understand and agree as follows:
1p 1. The contract shall be amended to read as "...ending
October 31, 1985."
2. Article 4.2(2) shall be amended to read"...1984/85 budget
from July 1, 1984 to October 31, 1985..."
3. Article T.3 is amended to read that "...all services
required here under shall be completed by October 31,
1985."
It is further understood and agreed that all the terms and
conditions outlined under the original agreement dated October
11, 1984 between the City and MCDI shall remain in full force and
effect without modification, except as modified herein.
CITY OF MIAMI, a municipal
Corporation of the State of
Florida
ATTEST:
BY
L r R RA, CITY MANAGER
CONTRACTOR: Miami Capital
Development, Inc.
BY
Corporate Secretary Pregident
(CORPORATE SEAL)
APPROVED AS TO FORM AND CORRECTNESS:
LUCIA A. DOUGH , CITY A
85-623
CITY OP MIAMI. I=LORIDA
INTER -OFFICE MEMORANDUM 50
i ! fb. Honorable Mayor and DATE: jUN 51985 RILE:
j Members of the City Commission
SUBJECT: AMENDMENT TO THE FY ' 84-85
CONTRACT BETWEEN THE CITY
OF MIAMI AND MIAMI CAPITAL
PRO"'` Sergio P e r e i r REFERENCES:
DEVELOPMENT, INC.
City Manager ENCLOSURE5: June Commission Meeting
is
"It is recommended that the City
Commission approve the attached
resolution authorizing the City
Manager to amend the FY `84-85
contract dated October 11, 1984
between the City of Miami and Miami
Capital Development, Inc. in order
to extend the period of the contract
by 120 days."
At the April 18, 1985 City Commission meeting, I stated that the FY
'85-86 contract and funding for Miami Capital Development, Inc.
(MCDI) would be deferred until an independent audit and performance
review could be conducted and reviewed by City staff. On April 25,
1985, I instructed the Department of Community Development to
initiate an independent financial and performance audit. It is
anticipated that this review will be conducted in late summer.
It should be noted that the FY '34-85 MCDI contract has a termination
date of June 30, 1985. Accordingly, this resolution extends the
termination date of the contract to October 31. 1985 to allow for
both audits to be completed and reviewed such that any appropriate
modifications may be made to MCDI's contract.