HomeMy WebLinkAboutExhibit 1AMENDMENT #1
This Amendment #1 to the Agreement between the City of Miami, a municipal
corporation of the State of Florida ("City") and Sunshine for All, Inc. ("Subrecipient') dated
(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 ten thousand dollars ($10,000) to provide home delivered meals to the elderly residing in
District 5 as authorized by the City Commission through Resolution No 05-0383 on June 9,
2005; and
WHEREAS, the City Commission adopted Resolution No. 05-XXXX on December 15,
2005 wherein Subrecipient was given an additional sum of thirteen thousand five hundred dollars
($13,500) to be used for services that provide home delivered meals to the elderly residing in
District 4; and
WHEREAS, except as amended below, all contract funds are subject to the same terms
and conditions as contained in the Agreement; 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,
NOW, THEREFORE, in consideration of the foregoing, the City and Sub -recipient
hereby agree to amend the Agreement as follows:
I. The total compensation authorized under this contract is increased to twenty-three
thousand five hundred dollars ($23,500).
II. Article IV, Section 4.2 is removed and replaced in its entirety by the Section listed
below:
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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.
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.
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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 C attached to this amendment.
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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
Sunshine for All, Inc.
1853 NW 22 Street
Miami, FL 33142
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
City Clerk
Joe Arriola
City Manager
APPROVED AS TO APPROVED AS TO INSURANCE
FORM AND CORRECTNESS: REQUIREMENTS:
Date
By: By:
Jorge L. Fernandez Date Dania F. Carrillo Date
City Attorney Administrator Risk Management
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