HomeMy WebLinkAboutExhibit 1FOURTH AMENDMENT TO AGREEMENT BETWEEN
THE CITY OF MIAMI AND ACTION COMMUNITY CENTER, INC .FOR THE
PROVISION OF TRANSPORTATION SERVICES.
This document is the Fourth 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 , 2008, 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, pursuant to Resolution No. 06-0513, the City Commission authorized the
City Manager to execute the Second Amendment, providing for a one-year extension with the
option of two additional one-year extensions; and
WHEREAS, pursuant to Resolution No. 07-0486, the City Commission authorized the
City Manager to execute the Third Amendment, providing for a one-year extension with the
option of one additional one-year extension; and
WHEREAS, the Third Amendment has a term of one (1) year which term will expire
on September 30, 2008 for the amount of $319,000.00; and
WHEREAS, the Fourth Amendment has a term of an additional one (1) year period
from October 1, 2008 through September 30, 2009 up to the amount of $300,000.00, subject to
budget allowance; 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 amendment1the City Manager
must make a written finding that competitive procurement of this service is not practicable or
advantageous to the City and thaginding is ratified by a 0/5th vote of the City Commission after
a properly advertised public hearing;
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NOW, THEREFORE, in consideration of the foregoing and the mutual covenants
contained in this agreement, the City and Contractor 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.
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.
"City"
CITY OF MIAMI, a Municipal
Corporation
ATTEST:
By:
Priscilla A. Thompson, City Clerk Pedro G. Hernandez, City Manager
APPROVED AS TO LEGAL FORM AND APPROVED AS TO INSURANCE
CORRECTNESS: REQUIREMENTS:
Julie O. Bru
City Attorney
LeeAnn Brehm
Risk Manager
"CONTRACTOR"
ATTEST: Action Community Center, Inc.,
Florida Non- Profit Corporation
By:
Print Name: Print Name:
Title: Corporate Secretary Title: President
(Affix Corporate Seal)
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