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HomeMy WebLinkAboutExhibit2AMENDMENT # 7 This Amendment #7 to the Agreement between the City of Miami, a municipal corporation of the State of Florida ("City") and The Association for the Development of the Exceptional, Inc. ("Sub -Recipient') dated July 31, 1997 (the "Agreement") is entered into this day of , 2008. 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 Sub -Recipient the sum of Forty seven thousand eight hundred dollars ($47,800) to carry out public facilities and improvement activities as authorized by the City Commission through Resolution No. 96-551 adopted July 25, 1996; and WHEREAS, the City and Sub -Recipient executed an additional Agreement increasing the total compensation authorized for the project by $50,000 to a total of $97,800 as approved by City Commission Resolution No. 98-402.1 enacted on April 14, 1998; and WHEREAS, the City and Sub -Recipient executed an Amendment to the Agreement to extend the end date of the agreement to September 30, 2001 as approved by City Commission Resolution No. 01-0147 enacted on February 15, 2001; and WHEREAS, the City and Sub -Recipient executed an Amendment to the Agreement to extend the end date of the agreement to September 30, 2004 as approved by City Commission Resolution No. 01-0632 for automatic roll over of brick and mortar projects; and WHEREAS, the City and Sub -Recipient executed another Amendment to the Agreement to extend the end date of the agreement to September 30, 2005 as approved by City Commission Resolution No. 01-0632 for automatic roll over of brick and mortar projects; and WHEREAS, the City and Sub -Recipient executed another Amendment to the Agreement wherein the Sub -Recipient was given the additional sum of One Hundred forty -w r; !'X'f: S thousand dollars ($140,000) as approved by City Commission Resolution No. R-05-0477 enacted on July 28, 2005; and WHEREAS, pursuant to Resolution No. 06-0649, passed and adopted by the City of Miami Commission on November 9, 2006 which authorizes the extension and rollover of these funds; and WHEREAS, pursuant to Resolution No. 07-0265, passed and adopted by the City of Miami Commission on May 10, 2007 which requires the Sub -Recipient to comply with the following by September 30, 2007: • Have obtained all approved building permits. • Have commenced construction. • Have obtained full project funding. ; and WHEREAS, pursuant to Resolution No. 07-0695, passed and adopted by the City of Miami Commission on December 13, 2007 which authorizes the extension and rollover of these funds; and WHEREAS, pursuant to Resolution No. 08- passed and adopted by the City of Miami Commission on February 14, 2008 which allocated an additional sum of seventy two thousand dollars ($72,000) for the completion of the construction of the training kitchen; and WHEREAS, all the funds are subject to the same terms and conditions contained in the Agreement; NOW, THEREFORE, in consideration of the foregoing, the City and Sub -Recipient hereby agree to amend the Agreement as follows: 1. ARTICLE IV, Term; Section 4.1 is amended to read as follows: The Term of this Agreement shall end on September 30, 2008, with the City of Miami retaining the option to extend the term hereof for a period not to exceed one (1) year, subject to extension of Program availability and appropriation of Grant funds. 2. EXHIBIT B — Work Program is removed and replaced with a new Exhibit B attached to this amendment. 3. EXHIBIT C — Compensation and Budget Summary is removed and replaced with a new Exhibit C attached to this amendment. 4. The maximum compensation for the services required pursuant to this Agreement is increased to $309,800.00 IN WITNESS THEREOF, the City and Sub -Recipient have caused this instrument to be executed by their respective officials as of the date of the first above written. ATTEST: Name: Title CORPORATE SEAL: Date SUB -RECIPIENT The Association for the Development of the Exceptional, Inc. 2801 N. Miami Ave. Miami, Florida 33127 a Florida not -for -profit corporation By: Name: Title: 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 Brehm Date City Attorney Director, Risk Management