HomeMy WebLinkAboutexhibit2AMENDMENT #1
This Amendment to that certain Memorandum of Agreement between the City of Miami,
a municipal corporation of the State of Florida ("City") and James E. Scott Community
Association, Inc. ("Subrecipient') dated November 4, 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 Forty Seven Thousands ($47,000) authorized by the City
Commission through Resolution No. R-04-0379; and
WHEREAS, the City Commission adopted Resolution No. R-05 on
wherein Subrecipient was given the additional sum of One Hundred
Thousand Dollars ($100,000), as authorized by the City Commission; 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, 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
Subrecipient hereby agree to amend the Agreement as follows:
I. The total compensation authorized under this agreement is increased to
$147,000.00.
II. Article IV, Section 4.2 is removed and replaced in its entirety by the Section
listed below:
4.2 INSURANCE:
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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
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.
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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
governmental authority, federal or state,
or requirements of any
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.
II. Exhibit B of the Agreement (Work Program) is removed and replaced with a
new Exhibit B attached to this Amendment.
III. Exhibit C of the Agreement (Compensation and Budget Summary) is
removed and replaced with a new Exhibit C attached to this Amendment.
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.
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ATTEST:
Name:
Title:
Date
SUBRECIPIENT
James E. Scott Community Association, Inc.
2350 NW 54 Street
Miami, FL 33142
a Florida not -for -profit corporation
By:
Name: Date
Title:
CORPORATE SEAL:
ATTEST: CITY OF MIAMI, a municipal Corporation
of the State of Florida
By: By:
Priscilla A. Thompson Date Joe Arriola Date
City Clerk City Manager
APPROVED AS TO APPROVED AS TO INSURANCE
FORM AND CORRECTNESS: REQUIREMENTS:
By: By:
Jorge L. Fernandez Date Dania Carrillo Date
City Attorney Administrator, Risk Management
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