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HomeMy WebLinkAboutexhibit2AMENDMENT # 1 This Amendment #1 to the Agreement between the City of Miami, a municipal corporation of the State of Florida ("City") and Allapattah Community Action, Inc. ("Subrecipient') dated October 19, 2004, (the "Agreement") is entered into this day of , 2005. 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 Three hundred forty nine thousand and two hundred dollars ($349,200.00) to carry out social services programs activities as authorized by the City Commission through Resolution No. 04-0379; and WHEREAS, the City of Miami wishes to facilitate the review and approval process of the insurance and to streamline the insurance requirements in its SUBRECIPIENT agreement; and WHEREAS, the City Commission adopted Resolution No. R-05- on wherein Subrecipient was given the additional sum of Fifty Thousand Dollars ($50,000), 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. The total compensation authorized under this contract is increased to $399,200. II. Article IV, Section 4.2 is removed and replaced in its entirety by the Section listed below: 4.2 INSURANCE: At all times during the term hereof, the SUBRECIPIENT shall maintain insurance acceptable to the CITY. Prior to commencing any activity under this Agreement, the W %� .Vh PI: r" ----,---72,-7 /F SUBRECIPIENT shall furnish to the CITY original certificates of insurance indicating that the SUBRECIPIENT is in compliance with the provisions of this Article. 4.2.1 The SUBRECIPIENT shall provide the following coverage: (i) Commercial General Liability in an amount not less than $300,000.00 per occurrence, $600,000 aggregate, protecting the CITY and the SUBRECIPIENT against liability incidental to the use of, or resulting from an accident occurring on or about, its property. (ii) Automobile liability for all owned vehicles and for non -owned and hired automobiles in the amount of $300,000 combined single limit for bodily and property damage and/or split limits in the amount of $100,000/$300,000 for bodily injury and $50,000 for property damage. (iii) Workers' compensation insurance as required by the laws of the State of Florida. 4.2.2 All such insurance shall insure the CITY as the primary additional insured. The SUBRECIPIENT shall be required to furnish evidence of any other insurance coverage the CITY may reasonably require during the term of this Agreement. All such policies shall require the insurance carrier to give the CITY at least 30 days prior written notice of termination, cancellation, expiration or modification, and all such policies shall be written by insurance companies satisfactory to the CITY. 4.2.3 Crime Policy (Employee Coverage) for all persons handling funds received or disbursed under this Agreement in an amount equal to or greater than one third (1/3) the amount of the grant of funds hereunder. The CITY shall be named as Loss Payee. 4.2.4 Compliance with the foregoing requirements shall not relieve the SUBRECIPIENT of its liability and obligations under this section or under any other section of this Agreement. 4.2.5 SUBRECIPIENT shall apply and obtain any other insurance coverage that the CITY may require for the execution of the Agreement. 4.2.6. SUBRECIPIENT shall indemnify, defend and hold harmless the City and its officials, employees and agents (collectively referred to as "Indemnities") and each of them from and against all loss, costs, penalties, fines, damages, claims, expenses (including attorney's fees) or liabilities (collectively referred to as "Liabilities") by reason of any injury to or death of any person or damage to or destruction or loss of any property arising out of, resulting from, or in connection with (i) the performance or non-performance of the services contemplated by this Agreement which is caused, in whole or in part, by any act, omission, default or negligence (whether active or passive) of Subrecipient or its employees, agents or subcontractors, or (ii) the failure of the Subrecipient to comply with any of the paragraphs herein or the failure of the Subrecipient to conform to statutes, ordinances, or other regulations or requirements of any governmental authority, federal or state, in connection with the performance of this Agreement. Subrecipient expressly agrees to indemnify and hold harmless the Indemnities, or any of them, from and against all liabilities which may be asserted by an employee or former employee of Subrecipient, or any of its subcontractors, as provided above, for which the Subrecipient's liability to such employee or former employee would otherwise be limited to payments under state Workers' Compensation or similar laws. III. Exhibit B — Work Program is removed and replaced with a new Exhibit B attached to this amendment. IV. Exhibit C — Compensation and Budget Summary is removed and replaced with a new Exhibit B attached to this amendment.