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HomeMy WebLinkAboutR-84-0772J-84-747 7/25/84 rr/030/D7 RESOLUTION NO. 84°'F772 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREF:FIENT, IN SUBSTANTIALLY THE FORM ATTACHED, WITF1 LES GROWN IN CONNECTION WITH THE PROGRAM OF THE NATIONAL INSTITUTE FOR PROFESSIONAL DEVELOPMENT, INC. BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The City Manager is hereby authorized to execute an agreement, in substantially the form attached, with Les Brown in connection with the program of the National Institute for Professional Development, Inc. PASSED AND ADOPTED this 30th day of July , 1984. ATTEST: A H G. ONGIF, C _ PREPARED AND APPROVED BY: CLAF DEPUTY CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: AITY ATTORNEY Maurice A. Ferre CITY COMMISSI©N MEETII•'C 01' JUL RESUIUiii�..�t8'� � :�• TO. Honorable Mayor and Members of the City Commission -/ a+eoM Howard V. Gary /j r City Manager C' DATE: July 27, 1984 FILE: SUBJECT: National Institute for Personal Development, Inc. (NIPD) REFERENCES: ENCLOSURES. The City of Miami granted National Institute for Personal Development, Inc. (NIPD) a sum of $100,000 to operate a youth development program in 1982. Mr. Les Brown is the President of this corporation and agreed to account for the use of this grant in accordance with the stipulation of this grant. An audit of Mr. Brown's program revealed that he was unable to account in a manner satisfactory to the City for the sum of $29,840.27. As a result, the City demanded that Mr. Brown pay to the City the questionable amount or face civil action. Mr. Brown agreed to pay and requested that the City enter into an agreement with him to pay back the aforementioned amount which is attached. This agreement includes an amortization schedule based upon a reasonable monthly payment and Mr. Brown's ability to pay. The agreement also calls for the payment of interest and a provision for breach of the amortization schedule. This agreement will be scheduled for consideration by the City Commission at its July 30, 1984 meeting. 84--7772 C O N T R A C T This Contract is entered into on this day of , 1984 by and between the City of Miami, a municipal corporation of the State of Florida, (hereinafter referred to as the "CITY") and LES BROWN, an individual, (hereinafter• referred to ns "BROWN"). WHEREAS, at all relevant times BROWN was the President of the National Institute for Personal Development, Inc. ("NIPD"); and WHEREAS, NIPD was the recipient of certain monies granted by the City of Miami to that corporation in 1982; and WHEREAS, Brown was required to account for the use of those monies by NIPD under the agreement with the CITY involving said grant; and WHEREAS, BROWN has been unable to account in a manner satisfactory to the CITY for the sum of Twenty -Nine Thousand Eight Hundred Forty Dollars and Twenty -Seven Cents ($29,840.27); and WHEREAS, the CITY has demanded of BROWN and BROWN has agreed to pay said sum to the CITY. NOW, THEREFORE, in consideration of the mutual covenants contained herein and for other good and valuable consideration the parties agree as follows: 1. The recitals set forth above are hereby incorporated into this Agreement. 2. BROW11 agrees to pay the CITY the sum of Twenty -Nine Thousand Eight Hundred Forty Dollars and Twenty -Seven Cents ($29,840.27) plus interest at the rate of ten percent (10%) per year on the unpaid balance in forty-eight (48) equal, monthly installments of Seven Hundred Fifty -Six Dollars and Ninety -Two Cents ($756.92). The first installment will be dray and payable on or before October 1, 1984. Subsequent installments will be due and payable on or before the 1st day of each month. 3. Interest shall be calculated on the unpaid balance and there shall be no penalty for pre -payment of principal. Should any portion of the principal be paid in advance, Brown may elect, upon written approval of the City, one of the following options: a. Continue to make the same monthly payments as prescribed in paragraph 2. above, thereby reducing the balance of the forty-eight (48) month pay period; b. Request a new payment schedule which will reflect the adjusted principal and provide for the remaining principal to be paid over the remaining forty-eight (48) month period. 4. In the event that Brown fails to make any payment by 11:59 p.m. on the final date it is due, all unpaid principal and interest shall become immediately due and payable. Brown agrees to pay all costs of collection, including attorneys' fees, administrative costs and such other associated expenses incurred by the City to collect this debt. 5. Unless otherwise designated in writing, all payments should be made by cash, check or money order to the Treasury Management Division, Office of Finance, 65 S.W. First Street, Miami, Florida 33130. 84-7 72 Ar 6. This Contract contains the entire agreement of the parties and may only be modified by written instrument, executed by both parties. This Agre-ment is binding on the heirs, successors, and administrator, of the parti_e:, and it. is to be construed in accordance t-!i-th the laws of the State of Florida. IN WITNESS WHEREAS, the parties hereunto set their hands and seals on the first date above written. (Seal) WITNESS .CITY OF MIAMI By: (Seal) HOWARD V. GARY CITY MANAGER ATTEST: RALPH G. ONGIE, CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: JOSE GARCIA-PEDROSA CITY ATTORNEY