HomeMy WebLinkAboutExhibit6AMENDMENT # 3
This Amendment to the Agreement between the City of Miami, a municipal
corporation of the State of Florida ("City") and The Alternative Programs, Inc. ("Sub -
recipient') dated November 1, 2006 (the "Agreement") is entered into this day of
2007.
RECITAL
WHEREAS, the City and Sub -recipient, have heretofore entered into the
Agreement which sets forth the terms and conditions pursuant to which the City provided
Subrecipient the sum of one hundred and eighty five thousand dollars ($185,000) to carry
out public facilities and improvement activities as authorized by the City Commission
through Resolution No. 06-0507, passed and adopted on September 12, 2006; and
WHEREAS, the City Commission adopted Resolution No. R-06-0612 on
December 14, 2006, wherein Subrecipient was given the additional sum of thirty five
thousand two hundred and twenty dollars ($35,220), as authorized by the City
Commission; and
WHEREAS, the City Commission adopted Resolution No. R-07-07-0261 on
May 10, 2007, wherein Subrecipient was given the additional sum of twenty five
thousand dollars ($25,000) to cover increases in projects costs related to materials,
insurance, and security services as authorized by the City Commission; and
WHEREAS, the City Commission adopted Resolution No. R-07- on
December 13, 2007, wherein Subrecipient was given the additional sum of ten thousand
dollars ($10,000) to continue to carry out public facilities and improvement activities by
completing the installation of the roof and the windows at The Alternative Programs, Inc.
facility, as authorized by the City Commission; and
WHEREAS, except as amended below, all contract funds are subject to the same
terms and conditions as contained in the Agreement.
NOW, THEREFORE, in consideration of the foregoing, the City and
Subrecipient hereby agree to amend the Agreement as follows:
I. ARTICLE III — EFFECTIVE DATE AND TERMS — is amended as
follows: The effective date is extended through June 30, 2008.
II. EXHIBIT B — WORK PROGRAM is replaced with the revised EXHIBIT B
attached to this amendment.
III.EXHIBIT C — BUDGET is replaced with the revised EXHIBIT C attached to
this amendment
IV. ARTICLE I - EXHIBITS AND DEFINITIONS, SECTION 1.1
EXHIBITS of the Agreement is amended to add EXHIBIT I — Form of
Declaration of Restrictive Covenant.
V. ARTICLE I - EXHIBITS AND DEFINITIONS, SECTION 1.2DEFINED
TERMS is amended to add the following term:
Declaration of Restrictive Covenant: A Declaration of Restrictive Covenants
executed by the Subrecipient and to be recorded in the Public Records of
Miami -Dade County, Florida in favor of the City of Miami to ensure that the
Property is not sold or the use changes during the Covenant Period.
VI. ARTICLE III — TERMS AND PROCEDURES, SECTION 3.3
OBLIGATIONS OF SUBRECIPIENT is amended to add the following
section:
3.3.1 In connection with this Agreement, the City shall require that the
Subrecipient execute a Declaration of Restrictive Covenants in the form of
Exhibit I, attached hereto, and to be recorded by the City.
VII. ARTICLE IX — REMEDIES, SUSPENSION, TERMINATION 9.1
REMEDIES FOR NONCOMPLIANCE is amended to add the following
paragraph:
Notwithstanding any other provision of this Agreement, if the
SUBRECIPIENT materially fails to comply with any term of this Agreement,
the SUBRECIPIENT, at the sole discretion of the City, shall pay to the City
an amount equal to the current market value of any real property, under the
SUBRECIPIENT's control, acquired or improved in whole or in part with
CDBG Funds (including CDBG Funds provided to the SUBRECIPIENT in
the form of a loan and/or grant), less any portion of the value attributable to
expenditures of non-CDBG funds for the acquisition of, or improvement to,
the property. The payment is program income to the City.
IN WITNESS THEREOF, the City and Subrecipient have caused this instrument to be
executed by their respective officials as of the date of the first above written.
ATTEST:
Name:
Title
Date
SUBRECIPIENT
The Alternative Programs, Inc.
151 NW 60th Street
Miami, Florida 33127
a Florida not -for -profit corporation
By:
Name:
Title:
CORPORATE SEAL:
Date
ATTEST: CITY OF MIAMI, a municipal Corporation
of the State of Florida
By: By:
Priscilla A. Thompson Date Pedro G. Hernandez Date
City Clerk City Manager
APPROVED AS TO APPROVED AS TO INSURANCE
FORM AND CORRECTNESS: REQUIREMENTS:
By: By:
Jorge L. Fernandez Date LeeAnn Breham Date
City Attorney Administrator Risk Management