HomeMy WebLinkAboutFirst AmendmentFIRST
AMENDMENT, REINSTATEMENT, RENEWAL, AND EXTENSION
TO CONTRACT
Between
CITY OF MIAMI
AND
CONDO ELECTRIC MOTOR REPAIR, CORP.
This First Amendment, Reinstatement, Renewal, and Extension ("First
Amendment") is made and entered into this .3 is" day of , 2008, (but
effective as of January 8, 2008, "Effective Date") by and between the City of Miami,
Florida, a municipal corporation of the State of Florida, whose principal address is
444 S.W. 2nd Avenue, 10th Floor, Miami, Florida 33130 ( the "City") and Condo
Electric Motor Repair, Corp., a Florida corporation, whose principal address is 3615
East 10`h Court, Hialeah, Florida, 33013 ("Contractor").
WITNESSETH:
. WHEREAS, pursuant to Resolution No. 07-0005, adopted by the Miami City
Commission on January 11, 2007 (the "Authorizing Resolution"), the City Commission
accepted the bid of Condo Electric Motor Repair, Corp. (the "Contractor"), and entered
into a Contract for Storm Water Pump Station Maintenance Repair, B-30395 dated
March 22, 2007, (the "Contract") but effective as of January 8, 2007, after an Emergency
Notice to Proceed was issued, for a one (1) year period in an annual amount not to exceed
Two Hundred and Twenty -Nine Thousand, Four Hundred Dollars ($229,400); and
WHEREAS, the Contract provided for up to four (4) additional one (1) year
options to renew, in an annual amount not to exceed Two Hundred and Twenty -Nine
Thousand, Four Hundred Dollars ($229,400) for each such option year, subject to the
availability of funding and the Contractor's performance.
WHEREAS, Contractor has continued to provide City with vital services under
the Contract and the City and Contractor desire to reinstate the Contract which expired
January 7, 2008; and
WHEREAS, as required by the Authorizing Resolution in order to reinstate and
renew the Contract, the City's Public Works Director has found Contractor's work to be
in compliance with the required good workmanship standards and conducted in a
professional manner and the City has authorized funding for renewal of the Contract
pursuant to Resolution No. 07-0556 adopted September 27, 2007 for the 2007-2008
Fiscal Year (the "2007-2008 Budget Resolution"); and
WHEREAS, the City is exercising its first option to renew for a one (1) year term,
and the Contractor is willing to provide the Services, under the same terms and
conditions set forth in the Contract, for an annual amount not to exceed Two Hundred
and Twenty -Nine Thousand, Four Hundred Dollars ($229,400);
NOW, THEREFORE, in consideration of the foregoing, and the promises and
covenants contained herein the parties hereby amend, reinstate, renew, and extend the
Contract as follows:
1. ARTICLE 2. THE CONTRACT SUM: Article 2 of the Contract is amended
to exercise the first year option to renew in an annual amount not to exceed Two Hundred
and Twenty -Nine Thousand, Four Hundred Dollars ($229,400) for Fiscal Year 2007-
2008. Should the City decide to exercise the remaining options available, the annual
amounts will be as follows:
The second option to renew in annual amount not to exceed Two Hundred and Twenty -
Nine Thousand, Four Hundred Dollars ($229,400) for Fiscal Year 2008-2009;
The third option to renew in an annual amount not to exceed Two Hundred and Twenty -
Nine Thousand, Four Hundred Dollars ($229,400) for Fiscal Year 2009-2010;
The fourth and final option to renew in an annual amount not to exceed Two Hundred
and Twenty -Nine Thousand, Four Hundred Dollars ($229,400) for Fiscal Year 2010-
2011.
2. ARTICLE 7. THE CONTRACT TERM: Article 7 of the Contract is amended
to include the term for the first option to renew to be one (1) year beginning on January 8,
2008 and ending on January 7, 2009.
3 RECITALS. INCORPORATIONS. AND UPDATED REQUIREMENTS:
The recitals are true and correct and are hereby incorporated into and made a part of this
First Amendment. The City's Authorizing Resolution No. 07-0005, the Contract, the
January 4, 2007 emergency Notice to Proceed work starting January 8, 2007, and all
attachments thereto are hereby incorporated, made a part of this First Amendment, and
- - -- -- attached hereto as"Composite and Exhibit A", including: tfie City's�FB supporting —
documentation as Exhibit "A" to the original Contract. The relevant parts of the City's
2007-2008 Budget Resolution No. 07-0556 are hereby incorporated, made a part of this
First Amendment and attached hereto as Exhibit `B." Contractor's updated insurance
requirements, bonding requirements, and corporate authorization are hereby incorporated,
made a part of this First Amendment and attached hereto as Composite Exhibit "C." This
First Amendment and the Contact, including all Exhibits hereto and thereto as reinstated,
amended, and extended shall collectively form the agreement between the parties.
Except as specifically modified herein, all terms and conditions, representations,
warranties, and covenants of the Contract remain unchanged, reinstated, renewed,
extended, and in full force and effect.
IN WITNESS WHEREOF the parties hereto have executed this First
Amendment on the day and date first above written in five (5) counterparts, each of
which shall without proof or accounting for the other counterparts, be deemed an
original contract*.
WITNESS: (If Corporation,
attach Seal and Attest by, Secretary)
Print Name:HECTdbt J. GOMEN JR.
Corporate Secretary
ATTEST:
Priscilla A. Thompson e r
City Clerk
APPROVED AS TO
EN-GINEERING
Stephinie N. Grindell, P.E.
Director, Public Works
APPROVED AS TO FORM AND
CORRECTNESS
Ju O. Bru
City Attorney
RESOLUTIONS NO. 07-0005 and 07-0556
CONTRACTOR:
Condo Electric Motor Repair, Corp.
A Florida. Corporation
BY:
Print Name : flFCTOR A_ GOMEZ
Print Title: PRESIDENT
59-2500665
(Employer Tax LD. Number)
THE C> IAMI, FLORIDA,
a munici corporation,
BY: _
Pedro G. Hent
City Manager
APPROVED AS
l
LeeAnn Brehm, Director
Risk Management
j
Fb INSURANCE
'BECAUSE CONTRACTOR IS A CORPORATION, THERE SHALL BE ATTACHED TO EACH
COUNTERPART AS EXHIBIT "C" A CERTIFIED COPY OF A RESOLUTION OF THE BOARD
OF DIRECTORS OF THE CORPORATION, AUTHORIZING THE OFFICER WHO SIGNS THE
CONTRACT TO DO SO ON ITS BEHALF.
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