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HomeMy WebLinkAboutExtension Amendment 1EXTENSION AND AMENDMENT #1 OF THE AGREEMENT BETWEEN MIAMI-DADE COUNTY AND THE CITY OF MIAMI — MEMORANDUM OF AGREEMENT (MOA) PROGRAM CONTRACT#: PC-1011-MOA THIS AMENDMENT OF AGREEMENT (the "Agreement Amendment") is made as of by and between Miami -Dade County, through the Miami -Dade County Homeless Trust (the "County") and The City of Miami, .a provider of services to homeless individuals, hereinafter referred to as the "Provider". WITNESSETH: WHEREAS, On February 1, 2010, the County and the Provider entered into an Agreement ("Agreement") which provides funding for the provision of housing and servicesto homeless individuals and families in Miami -Dade County. WHEREAS, this Agreement provides for certain rights and responsibilities of the County; and WFTFREAS, the Agreement allows for amendments and extensions at the sole discretion of the County; and WHEREAS, the County is desirous of amending the Agreement pursuant to the terms of the Agreement; NOW, THEREFORE, BE IT .RESOLVED, for and consideration of the mutual agreements between the County and the Provider, which are set forth in this Amendment of the Agreement, the receipt and sufficiency of which are acknowledged, the County and the Provider amend this Agreement as follows: ARTICLE I — Recitals The foregoing recitals are true and correct and constitute a part of this Amendment of the Agreement. ARTICLE II — Ratification of the Agreement Other than expressly modified or amended herein, all other terms and conditions of the Agreement shall remain in full force and effect. The City of Miami -Memorandum of Agreement Program Contract Number: PC-1011-MOA ARTICLE III — Amendments The Agreement is hereby amended as follows: Article 2 is replaced as follows: ARTICLE 2. AMOUNT PAYABLE. Subject to available funds, the maximum amount payable for services rendered under this contract shall not exceed: Memorandum of Agreement (MOA) Program S340,000.00 Both parties agree that should available County funding be reduced, the amount payable under this Contract may be proportionately reduced at the sole discretion and option of the County. All services undertaken by the Provider before the County's execution of this Contract shall be at the Provider's risk and expense. It is the responsibility of the Provider to maintain sufficient financial resources to meet the expenses incurred during the period between the provision of services and payment by the County. The County, at its sole discretion, may allow Provider an advance of N/A once the Provider has submitted an appropriate request and submitted an invoice in the form required by the County. Article 3 is replaced as follows: ARTICLE 3. SCOPE OF SERVICES The Provider shall render services in accordance with the 2010-2011 Scope of Services incorporated herein and attached hereto as Attachment A. The Provider shall implement the Scope of Services as described in Attachment A in a manner deemed satisfactory to the County. Any modification or amendment to the Scope of Services shall not be effective until approved by the County and Provider in writing. 2 The City of Miami -Memorandum of Agreement Program Contract Number: PC-1011-MOA Article 4 is replaced as follows: ARTICLE 4. BUDGET SUMMARY The Provider agrees that all expenditures or costs shall be made in accordance with the 20] 0-2011 Budget, which is attached hereto and incorporated herein as Attachment B. The parties agree that the Provider may, with the County's prior written approval; revise the schedule of payments or the line item budget, and such revision shall not require an amendment to this Contract. Article 5 is replaced as follows: ARTICLE 5. EF1 ECTIVE TERM Both parties agree that the Effective Term of this Contract shall commence on October 1, 2010 and terminate at the close of business on September 30, 2011. Contingent of the existence of sufficient funding and the approval of the County, this Contract may be extended for three (3) additional one (1) year teiitis, at the County's sole discretion. SIGNATURES APPEAR ON THE FOLLOWING PAGE The City of Miami -Memorandum of Agreement Program Contract Number: PC-1011-MOA IN WITNESS WHEREOF, the parties have caused this five (5) page Amendment of the Agreement to be executed by their respective and duly authorized officers the day and year first above written THE CITY OF MIAMI By: Name: CARLOS A. MIGOYA Title: CITY MANAGER Date: By: Name: PRISCILLA A. THOMPSON Title: CITY CLERK Date: Approved as to Form and Correctness: By: Name: JULIE O. BRU Title: CITY ATTORNEY Date: 4 MIAMI-DADE COUNTY, FLORIDA By: Name: Title: Date: Attest: HARVEY RUVIN, Clerk Board of County Commissioners By: Print Name: Approved as to Insurance Requirements: By: Name: GARY RESHEFSKY Title: RISK MANAGEMENT Date: Attest: Print Name: Title: Authorized Person OR Notary Public Corporate Seal OR Notary Seal/Stamp: 5