HomeMy WebLinkAboutProvision of Transportation ServicesFIRST 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 p, ties on or about
October 13, 2004 (the "Agreement") is entered into this 04 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
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manner 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
term 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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[SIGNATURES BEGIN ON THE FOLLOWING PAGE]
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by their respective officers duly authorized.
ATTEST:
..r.•.i > � .ram :�.i .E, ,r..r /
Priscilla A. Thompson, ity Clerk
ATTEST:
Print Name: DR .'Domingo] J. Acosta
1p1J.e: Corporate Secretary
(Affix Corporate Seal)
APPROVED AS TO LEGAL FORM AND
CORR CTNESS:
"City"
CITY OF MIAMI, a Municipal
Corporation
By:
OA-
Arriola, City Managerlc
"CONTRACTOR"
Action Community Center, Inc., a
Florida Non- Profit Corporation
By: 7-
Print Maria P. Alba
Title: President/Executive Director
APPROVED AS TO INSURANCE
REQUIREMENTS:
Jorge . F:rnandez Dania F. Carrillo
Cit Attor ey Administrator
Risk Management Division
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