HomeMy WebLinkAboutExhibitAMENDMENT NO. 1 TO THE
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE
CITY OF MIAMI
AND
PARTNERS FOR SELF-EMPLOYMENT, INC.
This Amendment is entered into this day of , 2007 (but effective as of
January 1, 2007) by and between the City of Miami, a municipal corporation of the State of
Florida ("City") and Partners for Self -Employment, Inc., a not for -profit corporation
("Provider"), for the purpose of modifying that certain Professional Services Agreement between
the City and the Provider dated January 1, 2005 ("Agreement").
RECITALS
WHEREAS, on January 1, 2005, the City and the Provider entered into a Professional
Services Agreement to implement an Individual Development Account program to be
administered by Partners for Self -Employment, Inc., with the allocation from the Mayor's
Poverty Initiative fund to be equally matched by both participant and federal funds, and placed in
a matched savings account; and
WHEREAS„ pursuant to Section 3 of the Agreement, the City has two (2) options to
extend the term of the Agreement for a period of two (2) years each, subject to availability and
appropriation of funds and with City Commission approval; and
WHEREAS, on January 11, 2006, by Resolution No. 07- , the Miami City
Commission approved the City's exercise of an option to extend the Agreement for an additional
two (2) year period and in an amount not to exceed $400,000, and allocated funding for such
purpose; and
WHEREAS, the City and the Provider intend to modify certain terms of the Agreement
to effectuate the City's exercise of the option as described above.
NOW, THEREFORE, in consideration for the covenants set forth herein and for other
good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
the parties hereto agree as follows:
1. The Agreement is hereby amended as follows:
A. Section 2 is hereby amended to provide that the term of the Agreement
shall be for two years commencing on January 1, 2007.
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B. Section 5 is hereby amended to provide as follows:
Effective January 1, 2007, the compensation payable by the City to
Provider shall be as stated on Attachment At-2007, attached hereto and incorporated
herein,
C. Commencing January 1, 2007, Attachment A to the Agreement is hereby
replaced with Attachment A-2007, attached.
2. Except as modified herein, all terms and conditions of the Agreement shall remain
in full force and effect.
3. If any provision of this Amendment conflicts with any applicable law or
regulation, only the conflicting provision shall be deemed by the parties hereto to be modified, or
to be deleted if modification is inappropriate, to cause the provision to be consistent with the law
or regulation. However, the obligations under this Amendment shall continue and all other
provisions of this Amendment shall remain in full force and effect.
4. This Amendment shall be construed,interpreted, enforced and governed by and in
accordance with the laws of the State of Florida.
5. This Amendment and the Agreement set forth the entire agreement between the
parties and supersedes all prior and contemporaneous negotiations, understandings and
agreements, written or oral between the parties relating to the subject matter herein.
6. Waiver of Jury Trial. Neither the Provider, nor any assignee, successor, heir or
personal representative of the Provider, nor any other person or entity, shall seek a jury trial in
any lawsuit, proceeding, counterclaim or any other litigation procedure based upon or arising out
of the Agreement and/or this Amendment, or the dealings or the relationship between or among
such personsor entities,_nr_any of them. Neither the Provider, nor any other person or entity will
seek to consolidate any such action in which a jury trial has been waived with any other action.
The provisions of this paragraph have been fully discussed by the parties hereto, and the
provisions hereof shall be subject to no exceptions. No party to this Amendment has in any
manner agreed with or represented to any other party that the provisions of this paragraph will
not be fully enforced in all instances.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by their respective officials thereunto duly authorized, this the day and year above
written.
ATTEST: Partners for Self -Employment, Inc.
By
Print Name: Miltoria Fordham
Executive Director
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CITY OF MIAMI, a municipal
corporation of the State of Florida
ATTEST:
By:
Priscilla A. Thompson Pedro G. Hernandez
City Clerk City Manager
APPROVED AS TO INSURANCE APPROVED AS TO FORM AND
REQUIREMENTS: CORRECTNESS:
LeeAnn Brehm Jorge L. Fernandez
Risk Management Administrator City Attorney
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