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Amendment No. 1 to the Agreement with Limousines of South Florida, Inc. 01 -a?2s AMENDMENT NO. 1 TO THE AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND LIMOUSINES OF SOUTH FLORIDA, INC. FOR AGREEMENT NO. 2014-190-01, DATED JANUARY 31, 2014 FOR MAINTENANCE AND OPERATIONS OF A CITY OF MIAMI BEACH TROLLEY SYSTEM FOR MUNICIPAL CIRCULATOR SERVICES ("AGREEMENT") This Amendment No. 1 (Amendment) to the Agreement is entered into thisjC) day of , 2015 (Effective Date), by and between the City of Miami Beach, Florida, a municipal corporation organized and existing under the laws of the State of Florida, .having its principal place of business at 1700 Convention Center Drive, Miami Beach, Florida 33139 (City), and Limousines of South Florida, Inc. a wholly-owned subsidiary of Transportation America, Inc. having its offices at 2595 Northwest 38 Street, Miami, Florida, 33142 (Contractor), and hereby amends the Agreement as follows: RECITALS WHEREAS, on January 15, 2014, the Mayor and City Commission adopted Resolution Number 2014-28478, waiving formal competitive bidding requirements, and approving negotiations with the Contractor for the provision of municipal circulator services; and WHEREAS, on January 30, 2014, the City and Contractor executed Agreement No.2014-190-01 for maintenance and operations of a City of Miami Beach trolley system for municipal circulator services; and WHEREAS, on January 14, 2015, the Mayor and City Commission adopted Resolution No. 2015-28898 authorizing the City Manager to exercise the sole renewal term of six (6) months provided for in Agreement No. 014-190-01, commencing January 31, 2015 and ending July 31, 2015; and WHEREAS, on ,June 10, 2015, the Mayor and City Commission adopted Resolution No. 2015-29054, authorizing the Mayor and City Clerk to execute Amendment No. 1 to Agreement No. 2014-190-01, said Amendment extending the Agreement on a month-to-month basis upon expiration of the sole renewal term of six (6) months, beginning on August 1, 2015; and NOW THEREFORE, in consideration of the mutual promises and conditions contained herein, and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the City and Consultant hereby agree to amend the Agreement as follows: 1. ABOVE RECITALS. The above recitals are true and correct and are incorporated as part of this Amendment. 2. MODIFICATIONS. The Agreement is hereby modified (deleted items and inserted items underlined) as follows: (a) Section 3 of the Agreement is hereby modified to add the following new sentence at the end of said section: After the end of the renewal term, effective August 1, 2015, the City and Contractor agree to extend the Agreement on a month-to-month basis until such time as the Alton Road construction project has been completed. Notwithstanding the foregoing, the City, through its City Manager, may terminate this Agreement at any time, upon providing Contractor with thirty (30) days written notice. 3. RATIFICATION. Except as amended herein, all other terms and conditions of the Agreement shall remain unchanged and in full force and effect. In the event there is a conflict between the provisions of this Amendment and the Agreement, the provisions of this Amendment shall govern. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed by their appropriate officials, as of the date first entered above. FOR CITY: CITY OF MIAMI B ° 0±7; i ORIDA ::TE5T: /n/ • Ra. el E. Granado, Cit Cler Phi, p ayor Date FOR CONTRACTOR: LIMOUSINES OF SOUTH FLORIDA, INC. ApAp ATTEST: ar By: Secr .ry I"' President LP-1 "i4 Print Name Print Name J Date APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION 401: rtict15 City Attorney T Dote