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HomeMy WebLinkAboutExhibit - AgreementCITY OF MIAMI CAPITAL IMPROVEMENTS AND TRANSPORTATION PROGRAM AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT WITH FOR TRANSPORTATION PROGRAM SUPPORT SERVICES This Amendment No. 1 to the Professional Services Agreement dated December 28, 2012 (the "Agreement") between the City of Miami, a municipal corporation of the State of Florida ("City"), and ("Consultant"), a Florida corporation, for the provision of Transportation Program Support Services ("Services") is entered into this day of 2015. RECITALS WHEREAS, the Agreement was entered into pursuant to City Code Section 18-87 and Request for Qualifications ("RFQ") No. 11-12-031, in the total amount of $500,000.00 for the Scope of Work included in the original Agreement for the PROJECT; and WHEREAS, it has been determined that it is in the City's best interest to increase the expenditure limit of $500,000.00 for this Agreement to a total not to exceed amount of $1,000,000.00, in order to cover the costs anticipated for upcoming work and Services; and WHEREAS, the City Commission has adopted Resolution No. , to approve the corresponding increase in the Compensation Limits; NOW THEREFORE, in consideration of the foregoing, the parties hereby amend the Agreement as follows: Article 2. General Conditions, Section 2.03.1 Compensation Limits The amount of compensation payable by the City to Consultant shall be a lump sum or not to exceed fee, based on the rates and schedules established in Attachment B hereto, which by this reference is incorporated into this Agreement; provided, however, that in no event shall the amount of compensation exceed Five H ,ndrT.heysand Dellars ($500,000) One Million Dollars ($1,000,000.00) in total over the term of the Agreement and any extension(s), unless explicitly approved by action of the City Commission and put into effect by a prior written amendment to this Agreement executed by the parties. The City may, at its sole discretion use other compensation methodologies. The City shall not have any liability nor will the Consultant have any recourse against the City for any compensation, payment, reimbursable expenditure, cost, fee or charge beyond the compensation limits of this Agreement, as it may be amended from time to time in accordance with the terms of this Agreement. Article 7. Documents and Records, Section 7.05 Maintenance of Records The Consultant shall additionally comply with the provisions of Section 119.0701, Florida Statutes, entitled "Contracts; public records," Including without limitation: (1) keep and maintain_ public records that ordinarily and necessarily would be required by the City to perform this service; (2) provide the public with access to public records on the same terms and conditions as the City would at the cost provided by Chapter 119, Florida Statutes, or as otherwise provided by law; (3) ensure that public records that are exempt or confidential and exempt from disclosure are not disclosed except as authorized by law; (4) meet all requirements for retaining public records and transfer, at no cost, to the City all public records in its possession upon termination of this Agreement and destroy any duplicate public records that are exempt or confidential and exempt from disclosure requirements and, (5) all electronically stored public records must be provided to the City in a format compatible with the City's information technology systems." All other terms and conditions of the Agreement are in operative force and effect and remain unchanged. IN WITNESS WHEREOF, the parties have executed this Amendment as of the day and year first above written. THE CITY OF MIAMI, FLORIDA CITY OF MIAMI, FLORIDA, a municipal (SEAL) Corporation of the State of Florida ATTEST: 21 Daniel J. Alfonso, City Manager APPROVED AS TO LEGAL FORM AND CORRECTNESS: Victoria Mendez, City Attorney Todd B. Hannon, City Clerk APPROVED AS TO INSURANCE REQUIREMENTS: Ann -Marie Sharpe, Director Risk Management Department CONSULTANT ATTEST: Corporate Secretary (Affix Corporate Seal)