HomeMy WebLinkAboutExhibit 1FIRST AMENDMENT TO AGREEEMENT BETWEEN
THE CITY OF MIAMI AND ACTION COMMUNITY CENTER, INC .FOR THE
PROVISION OF TRANSPORTATION SERVICES.
This document is the First Amendment (the "Amendment") to the Grant Agreement for
Transportation Services entered into between the parties on or about October 13, 2004 (the
"Agreement") is entered into this day of , 2005, by and between the City of
Miami, a municipal corporation of the State of Florida ("City"), and Action Community Center,
Inc., a Florida not for profit corporation ("Contractor").
WHEREAS, pursuant to Resolution No. 04-0379, The City Commission has authorized
the City to expend $300,000.00 to have the Contractor provide public transportation services in
the manner provided by the Agreement and required by law ; and
WHEREAS, the Agreement had a term of one (1) year which term will expire on
or about September 30, 2005; and,
WHEREAS, the Contractor agrees to provide the Transportation Services as
specifically described, and under the terms and conditions set forth in this Agreement , as
amended, and the applicable City of Miami laws, rules, regulations and written directives ; and
NOW, THEREFORE, in consideration of the foregoing and the mutual covenants
contained this agreement, the City and PRINCIPAL hereby agree to amend the Agreement as
follows:
TERMS
1. Subsection Section 6.1 "Payments " is modified to read as follows:
Payments: All payments shall be reimbursements for eligible transportation
services within the City of Miami in an amount specified in composite Exhibit "E", for a period
of one year, through October 1, 2005, and through September 30 of 2006, 2007, 2008 and 2009,
respectively, on a fiscal year basis, in the event the City Commission at their sole discretion
appropriate the sum of not more than $300,000.00 on an annual basis for Contractor's eligible
transportation services. Said funds may only be appropriated by the City Commission from the
City's unencumbered share of the half penny transportation surtax. The City shall not be obliged
to continue such funding beyond the current fiscal year approved nor shall the City be liable for
any debt, obligation, fee, cost, expenditure or expense beyond this amount.
2. Section 7.1 "Term of Agreement" is modified to read as follows:
Term of Agreement This Agreement shall commence following approval by the
City Commissioners of the City of Miami of the approval and allocation funding in the manner
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provided herein and required by law for the current fiscal year and shall automatically expire one
year thereafter. Once the funding from the half penny transportation surtax has been approved
for the Contractor to provide transportation services under the Agreement for the next applicable
fiscal year the City Manager, subject to prior approval of the City Commission may
administratively execute an amendment extending the Agreement for the additional fiscal year,
provided however that the entire tern of the Agreement cannot exceed five years.
3. Except as expressly amended herein, all of the terms and provisions of the
Agreement, as amended, shall remain in operative force and effect.
4. All Attachments and Exhibits are part of the Agreement, as amended, and are each
deemed as being expressly incorporated by reference herein as if set forth in full in the
Agreement, as amended.
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I'it1a• Nraevrlant
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by their respective officers duly authorized.
"City"
CITY OF MIAMI, a Municipal
Corporation
ATTEST:
By:
Priscilla A. Thompson, City Clerk Joe Arriola, City Manager
ATTEST:
"CONTRACTOR"
Action Community Center, Inc. ., a
Florida Non- Profit Corporation
By:
Print Name: Print Name:
Title: Corporate Secretary Title: President
(Affix Corporate Seal)
APPROVED AS TO LEGAL FORM AND APPROVED AS TO INSURANCE
CORRECTNESS: REQUIREMENTS:
Jorge L. Fernandez
City Attorney
Dania F. Carrillo
Administrator
Risk Management Division
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