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HomeMy WebLinkAboutR-85-0284J-85-258 `Is A RESOLUTION N0. 85-284, A RESOLUTION AUTHORIZING THE CITY MANAGER TO AMEND AND MODIFY THE TERMS OF ARTICLE 4.8 OF THE AGREEMENT DATED AUGUST 29, 1983, WITH THE MIAMI DADE TOURIST AUTHORITY, INC. EXTENDING THE DUE DATE OF THE FINAL BUDGETARY REPORT AND AUDITED FINANCIAL STATEMENTS FROM THIRTY (30) DAYS TO NINETY (90) DAYS AFTER FINAL RE- IMBURSEMENT IS RECEIVED. WHEREAS, the City Commission is committed to the economic growth and expansion in the area of trade and tourism within the City of Miami; and WHEREAS, the Miami Dade Tourist Authority, Inc.'s (HDTA) overall goal is -to increase t-he economic base o•f the -Black - American community in Miami through entry-level and management employment opportunities within the South Florida Hotel/Motel industry; and WHEREAS, the City Commission passed resolution No.84- 405 on April 5, 1984 authorizing the execution of an agreement with MDTA; and WHEREAS, the City of Miami entered into a contractual agreement with MDTA retroactive to August 29, 1983 and effective for twelve months thereafter; and WHEREAS, Article 4.8 FINAL EXPENDITURE REPORT of the aforementioned agreement required MDTA to submit a final budgetary report including audited financial statements thirty (30) days after the contract expiration date; and WHEREAS, the MDTA did not submit its final reimbursement package until February 1985 which is required in order to close the account and prepare the final reports; and WHEREAS, the terms of Article 4.8 should be amended extending the timeframe from thirty (30) days to ninety (90) days in which the final budgetary report and audited financial z' statements are due after receipt of final payment by the contractor; } NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY COMMISSION ` CITY OF MIAMI, FLORIDA: Mr2;'1'IIVG OF MAR 21 tN5 RESOLU T ION N085-2841 � rY� Section 1. The City Manager is hereby authorized to amend Section 4.8 of the agreement between the City of Miami and the Miami Dade Tourist Authority, Inc. extending the timeframe from thirty (30) days to ninety (90) days in which the final budgetary report and audited financial statements are due from the contractor after final reimbursement is received. Section 2. It is further understood that all the terms and conditions outlined under the original Agreement and all subsequent Amendments thereto, shall remain in full force and effect without modification except as modified herein. PASSED AND ADOPTED this 21st day of March, 1985. Maurice A. Ferre Maurice A. Ferre, Mayor a, ATTEST: Ra h G. Ongie, City WrW F q'. PREPARED AND APPROVED BY: ;a =r� Robert F. Clark, Chief Deputy City Attorney APPROVE S OR AND CORRECTNESS: uci— a A. oug erty, ty ttorney 85-284, 71 CITY OF MIAMI, FLORIDA 69 INTER -OFFICE MEMORANDUM TO. Randolph B. Rosencrantz DATE, February 25, 1985 FILE: City Manager SUBJECT: Amendment of Article 4.8 of the Agreement with the Miami Dade Tourist Authority, Inc. FROM: Charlotte GalloglyL. REFERENCES: Director March 14, 1985 Commission 1, Department of Economic evelopm t ENCLOSURES:Meeting "It is recommended that the City Commission authorize the City Manager to amend Article 4.8 of the agreement between the City of Miami and the Miami - Dade Tourist Authority, Inc. extending the timeframe in which the final budgetary report and audited financial statements are due from thirty (30) days to ninety (90) days after final reimbursement is received by the contractor". On April 5, 1984 the City Commission passed resolution No.84-405 authorizing the City Manager to execute a contractual agreement with the Miami Dade Tourist Authority, Inc. retroactive to August 29, 1983 and concluding on July 319 1984 for the purposesof increasing the economic base of the Black -American community in Miami through the creation of new entry-level and management employment opportunities in the tourist industry and of working with the City of Miami's Convention Bureau in identifying prospective Black conventioneers. In accordance with the agreement and the fiscal operating procedures outlined in the Policies and Procedures Manual for Community Based Organizations, t e contractor is required to submit a final budgetary report including audited financial statements within thirty (30) days after the expiration of the contract period. The contract agreement between MDTA and the City of Miami expired on July 31, 1984. However, MDTA did not submit its final reimbursement until February 1985 which is required in order to close the account and prepare the final budgetary report. 85-284. S Randolph B. Rosencrantz City Manager -2- February 25, 1985 This occurred because invoices for several expenditures incurred by MDTA were not approved for payment until the services rendered were completed by its vendors. These expenditures were properly in line with MDTA's approved line -item budget and were for costs related to its programmatic activities. In order that the contractor can comply with the terms of Article 4.8, it is requested and recommended that the City Commission amend the terms of said Article which would require the contractor to submit a final budgetary report including audited financial statements ninety (90) days after final reimbursement is received. CG:MYA:AAM 85-284 AMENDMENT An amendment to an agreement dated August 29, 1983, between the City of Miami, hereinafter referred to as the "CITY", a municipal corporation of the State of Florida, and the Miami Dade Tourist Authority, Inc., hereinafter referred to as "CONTRACTOR", a corporate body fully organized and existing by virtue of the laws of the State of Florida as a non-profit corporation, having its principal office at 3000 Biscayne Boulevard, Suite 505, Miami, Florida 33137• WHEREAS, on April 5, 1984, the City Commission passed Resolution No.84-405 authorizing the City Manager to enter into an agreement with the CONTRACTOR; and WHEREAS, the CONTRACTOR's overall goal is to increase the economic base.of the Black -American community in Miami through entry-level and management employment opportunities within the South Florida hotel/motel industry; and WHEREAS, the CITY recognizes the potential impact that Black American tourist and conventions could have on Miami economically; and WHEREAS, the terms of the agreement were entered into on August 29, 1983 concluding on July 319 1984; and WHEREAS, Article 4.8 - FINAL EXPENDITURE REPORT of the aforementioned agreement requires that a final budgetary report including audited financial statements be submitted within thirty (30) days after the expiration of the contract agreement; and WHEREAS, the CONTRACTOR incurred expenditures for its programmatic activities under the terms of its agreement; and 85-284 WHEREAS, the GONTRAGTOR did not receive its final reimbursement payment until February, 1985; and WHEREAS, the terms of Article 4.8 must conform with the terms of the agreement; and WHEREAS, the terms of Article 4.8 should be amended and modified to allow the CONTRACTOR to comply with said terms; and WHEREAS, the CITY and CONTRACTOR are in agreement to modify the terms of Article 4.8 of the contract agreement. THEREFORE, the Agreement is amended to read as follows: 1. "A final budgetary report including audited financial statements shall be submitted to the CITY within ninety (90) days after the CONTRACTOR receives final reimbursement under its contract agreement." 2. It is further understood that all the terms and conditions outlined under the original Agreement of August 10, 1983 and all subsequent Amendments thereto, shall remain in full force and effect without modification except as modified herein. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in their names by their duly authorized officers and the corporate seals to be affixed hereto. WITNESS our hands and seals on this day of 1985. It ATTEST: CITY OF MIAMI, a municipal corporation of the State of Florida RA P By: G. ONG E, CITY E K RANDOLP . ROSENCRANTZ CITY MANAGER 85-284 ATTEST: CORPORATE SECRETARY CONTRACTOR MIAMI:DADE TOURIST AUTHORITY, INC. PRESIDENT (Corporate Seal) GUARANTEE it , in consideration of the City of Miami's execution of the foregoing Amendment, the undersigned, guarantee the performance of the terms and conditions in said Agreement required to the provisions relating to default assurances and certifications. Dated this day of , 198 . an individual By , individidually WITNESS: APPROVED AS TO FORM AND CORRECTNESS: LUCIA A. DOUGHERTY, CITY ATTORNEY 85-284