HomeMy WebLinkAboutMemo-City Manager-Substitution for Item PH.10-Revisions to Grant Agreement°
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CITY 0FV|AM|.FLORIDA
INTER -OFFICE MEMORANDUM
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Honorable Mayor and
Members of the City Commission
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Carlos A, Mi oye
City Manager '
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September 21.2O1O
Substitution for Item PH10'
Revisions to Grant Agreement
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P|ease be advised that the grant agreement related to item FH10 scheduled for the September
23, 2010 Planning and Zoning Commission Meeting needs to be revised and substituted as
2.1 Compliance with Applicable Laws and Requ|ntions. The Contractor shall comply
with all existing and future |avvs, atatutes, ordinonces, codes, ru|eo, pegu|oUons, and
procedural raquinannents, whether fadero|, state, or |nna| County & Cib�' which
are applicable to, or in any manner offect, the provision of the City of Miami Pre-
arranged Transportation Services. The Contractor shall be responsible for ensuring
compliance of its emp|oyeas, oontraotors, agants, or assigns with all applicable county,
ntata, and federal requirenlenta, ino|udin0, but not limited to, all safety, meohanioa|,
and vehicular standards mandated by k4OT and CSO. The Contractor oho|( be
responsible for obtaining copies of the appropriate |ows, regu|adVns, ordinances, and
documents and complying therewith.
27Compliance with Procurement Requirements. The Contractor agrees tucomply
with applicable federal, local and state procurement requirements, as may be amended
from time hutime, when entering into contracts with third parties tofulfill the obligations
under this Agreement.
2.8 Amendments or modifications. Unless provided otherwise e|SevvhenB in this
Agnsernent, amendments and modifications to this Agreement must be in writing and
shall require the signature ofCon1-raChor and of the City Manager, F their designees,
subject to prior authorization by the Miami City Commission.
5.1 Indemnification By Provider, The Contractor shall pay and save the City, its
officials and employees harmless from and against any and all claims, liabilities,
|nssen, and causes of action which may arise out of the Contractor's activities related
to the Work Program or otherwise under this Agreement, ino|uding_vyithout limitationL
actions or claims bygovernnnentakuoenciaa dainnmgMlatth transportation services
or tho m City art�jD vio|at��^(��in d�roQ�d�D'nf any applicable |aw�`
-st@tutea. Vrdinoncen, codes, ru|es, regulations, and procedural ine?nants, or all acts
O[omissions to act on the part of the Contractor and/or any persons acting for Or on its
behn|f, and from and against any relevant ordero. judgments, or decrees which may
be entered against the C|ty, and from and against all nosts, attnrney'o hyes, expenses,
and liabilities incurred by the City in the defense or investigation of any such o|airna or
other matters.
6,5 PaymentVVithho|dinVo. Pmvment Reimbursements, Any payment due under this
Agreement may be withheld pending the receipt and approval by the City of all reports
due from the Contractor as o part of this Agreement and any modifications thereto, In
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the eventof anyolaim oh allenge,_action . liability, action, cause of action or proceeding
challenging the legality of this funding by the City or of this Agreement or of the
selection. —of the_Contractor to provide these services the City_ Manager_ in his_sole
discretion _is authorized to withhold any pending or future payments due under this
Agreement until such claim challenge actionliability cause of action or proceeding is
resolved in favor of the Contractor and the City, as applicable. Contractor shall have no
recourse—a_gainst the City. for such action. The Contractor shall further promptly
reimburse to the City anypayments received under this Agreement _if a court of
competent jurisdiction enters_a, final order that such payments are in contravention of
any applicable law, rule, ordinate or_regulation governing this fundi_nc .
The words that have been double underlined reflect the changes and those that have been struck
through reflect the deletions.
C: Alice N. Bravo, P.E., Director, CIP
Johnny Martinez, P.E., Assistant City Manager/Chief of Infrastructure
Elvi Gallastegui, Agenda Coordinator
Lilia I. Medina, Assistant Transportation Coordinator