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HomeMy WebLinkAboutexhibitBAMENDMENT # 2 This Amendment #2 to the Agreement between the City of Miami, a municipal corporation of the State of Florida ("City") and Little Havana Activities and Nutrition Center of Dade County, Inc. ("Sub -recipient') dated June 30, 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 thousand dollars ($40,000) to carry out public facilities and improvement activities as authorized by the City Commission through Resolution No. 03-1245 adopted on December 18, 2003; and I WHEREAS, the City and Sub -recipient executed Amendment #1 to the Agreement to extend the contract to September 30, 2005 as an automatic brick and mortar project roll-over, as authorized by City Commission Resolution No. 01-0632, adopted on July 10, 2001, and WHEREAS, the City Commission adopted Resolution No. R-05- on , wherein Subrecipient was given the additional sum of Fifteen Thousand Dollars ($15,000), 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. ARTICLE IV, Section 4.1 is amended to read: A. The City shall pay the Sub -recipient, as maximum compensation for the services required pursuant to this Agreement, the sum of $55,000. (Atm 14- C,11:0(:7 II. ARTICLE IV, Section 4.2 is removed and replace in its entirety with the revised Section 4.2: 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 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. A11 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 rime 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. 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 Little Havana Activities and Nutrition Centers of Dade County, Inc. 700 SW 8th Street Miami, Florida 33130 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 Joe Arriola City Clerk City Manager APPROVED AS TO APPROVED AS TO INSURANCE FORM AND CORRECTNESS: REQUIREMENTS: Date By: By: Date Jorge L. Fernandez Date Dania F. Carrillo City Attomey Administrator Risk Management