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HomeMy WebLinkAboutExhibitSECOND AMENDMENT TO AGREEMENT BETWEEN THE CITY OF MIAMI AND ACTION COMMUNITY CENTER, INC .FOR THE PROVISION OF TRANSPORTATION SERVICES. This document is the Second 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 , 2006, 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, pursuant to Resolution No. 05-0572, the City Commission authorized the City Manager to execute the First Amendment, providing for a one-year extension with the option of three additional one-year extensions; and WHEREAS, the First Amendment has a term of one (1) year which term will expire on or about September 30, 2006; and WHEREAS, the Second Amendment will extend the term of the Agreement for an additional one-year period from October 1, 2006 through September 30, 2007; 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 State of Florida, Miami -Dade County and City of Miami laws, rules, regulations and written directives; and WHEREAS, as a condition precedent to execution of the amendment the City Manager must make a written finding that competitive procurement of this service is not practicable or advantageous to the City and that finding is ratified by a 4th/5th vote of the City Commission after a properly advertised public hearing; 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. Except as expressly amended herein, all of the terms and provisions of the Agreement, as amended, shall remain in operative force and effect. Page 1 of 2 2. 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. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed by their respective officers duly authorized. ATTEST: "City" CITY OF MIAMI, a Municipal Corporation By: Priscilla A. Thompson, City Clerk City Manager APPROVED AS TO LEGAL FORM AND APPROVED AS TO INSURANCE CORRECTNESS: REQUIREMENTS: Jorge L. Fernandez City Attorney LeeAnn Brehm Risk Manager "CONTRACTOR" ATTEST: Action Community Center, Inc., a Florida Non- Profit Corporation By: Print Name: Print Name: Title: Corporate Secretary Title: President (Affix Corporate Seal) Page 2 of 2