HomeMy WebLinkAboutAmendment 5AMENDMENT # 5
This Amendment #5 to the Agreement between the City of Miami, a municipal
corporation of the State of Florida ("City") and The Association for the Development of the
Exceptional, Inc. ("Sub -recipient') dated July 31, 1997 (the "Agreement") is entered into this
day of NO %feol be/ , 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 Subrccipient the
sum of Forty seven thousand eicht hundred dollars ($47,800) to carry out public facilities and
improvement activities as authorized by the City Commission through Resolution No. 96-551
adopted July 25, 1996; and
WHEREAS, the City and Sub -recipient executed an additional Agreement increasing the
total compensation authorized for the project by $50,000 to a total of $97,800 as approved by
City Commission Resolution No. 98-402.1 enacted on April 14, 1998, and
WHEREAS, the City and Sub -recipient executed an Amendment to the Agreement to
join the previous agreements and to extend the end date of the agreement to September 30, 2001
as approved by City Commission Resolution No. 01-0147 enacted on February 15, 2001, and
WHEREAS, the City and Sub -recipient executed an Amendment to the Agreement to
extend the end date of the agreement to September 30, 2004 as approved by City Commission
Resolution No. 01-0632 for automatic roll over of brick and mortar projects, and
WHEREAS, the City and Sub -recipient executed another Amendment to the Agreement
to extend the end date of the agreement to September 30, 2005 as approved by City Commission
Resolution No. 01-0632 for automatic roll over of brick and mortar projects, and
WHEREAS, the City Commission adopted Resolution No. R-05-0477 on July 28, 2005,
wherein Subrecipient was given the additional sum of One Hundred fortv thousand dollars
($140,000), as authorized by the City Commission; and
WHEREAS, except as amended below, all contract funds are subject to the same terms
and conditions as contained in the Agreement.
NOW, THEREFORE, in consideration of the foregoing, the City and Subrecipient
hereby agree to amend the Agreement as follows:
I. ARTICLE IV Term is amended to read as follows:
The Term of this Agreement shall commence upon execution by the City Manager and
shall end on September 30, 2006.
II. ARTICLE V Funding, Section 5.1 is amended to read:
The maximum compensation under this agreement shall not exceed the sum of
$237,800.00.
11I. Article IV, Section 4.2 is removed and replaced in its entirety by the Section listed below:
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 sinQle limit
for bodily and property damage and/or split limits in the amount of
$100,000/$300,000 for bodily injury and S "0,000 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.
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.
IV. Exhibit B - Work Program is removed and replaced with a new Exhibit B attached to
this amendment.
V. Exhibit C - Compensation and Budget Summary is removed and replaced with a new
Exhibit C attached to this amendment.
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:
_ (1)(-0--x
SUBRECIPIENT
The Association for the Development of the
Exceptional, Inc.
2801 N. Miami Ave.
Miami, Florida 33127
a Florida not -for -profit corporation
-1- By:
Name: Helena Del Monte Date
Title Executive Director 8/2/05
CORPORATE SEAL:
Name: uel Alonso-Poch Date
Title: Pr ident of the Board 8/2105
ATTEST:
riscilla A. "1 homl(snn
APPROVED AS TO
FORM AND CORRECTNESS:
Bv:
CITY OF MIAMI, a rnunicipa orporation
of the State of Florida
t /1,// 7-By:
Date Joe Arriola
City Manage
i dOV y 2005
APPROVED AS TO INSURANCE
REQUIREMENTS:
Date
By tk-e441-e-14 Of'
Jorge rnandez Date Dania F. Carrillo ` Daate
City A for ey Administrator Risk Management