HomeMy WebLinkAboutExhibitSECOND
AlMEND-M ENT AN -D RENEWAL
TO CONTRACT
Between
CITY OF NII.��II
AND
ENVIROWASTE SERVICES GROUP, INC.
This Second Amendment and Renewal ("Second Amendment") is made and
entered into this@ 'day of p ,'L , 2009, (but effective as of the date stated
on the Notice to Proceed) 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 Envirowaste Services
Group, Inc., a Florida corporation, whose principal address is 6931 SW 88 Street,
Miami, Florida 33166 ("Contractor').
WITNESSETH:
WHEREAS, pursuant to Resolution No. 06-0446, adopted by the Miami City
Commission on July 28, 2006 (the "Authorizing Resolution"), the City Commission
accepted the bid of Envirowaste Services Group, Inc. (the "Contractor"), and entered into
a Contract for Citywide Outfall Cleaning Project, B-30256 (the "Contract") dated
December 29, 2005, but effective as of January 19, 2006, after the Notice to Proceed was
issued, for a two (2) year period in an annual amount not to exceed One Hundred Ninety
Nine Thousand, Nine Hundred Ninety Five Dollars ($199,990, for a total contract
amount not to exceed Three Hundred Ninety Nine Thousand, Nine Hundred Ninety
Dollars ($399,990); and
WHEREAS, the Contract provided for up to two (2) additional one (1) year
options to renew, in an annual amount not to exceed One Hundred Ninety Nine
Thousand, Nine Hundred Ninety Five Dollars ($199,990 for each such option year; and
WHEREAS, the first optionn to renew was exercised by the City on January 20,
2008; and
WHEREAS, the City wishes to exercise its second and final 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 One
Hundred Ninety Nine Thousand, Nine Hundred Ninety Five Dollars ($199,990.
NOW, THEREFORE, in consideration of the foregoing, and the promises and
covenants contained herein the parties hereby amend and renew the Contract as follows:
� 09-,41-2VQL
1. ARTICLE 2. THE CONTRACT SUM: Article 2 of the Contract is amended
to exercise the second and final option to renew in an annual amount not to exceed One
Hundred Ninety Nine Thousand, Nine Hundred Ninety Five Dollars ($199,990.
2. ARTICLE 7. THE CONTRACT TERM: Article 7 of the Contract is amended
to include the term for the second and final option to renew to be one (1) year beginning
on January 20, 2009 and ending on January 19, 2010.
3 RECITALS. INCORPORATIONS. AND UPDATED REQliIREIv ENTS:
The recitals are true and correct and are hereby incorporated into and made a part of this
Second Amendment. The City's Authorizing Resolution No. 05-0446, the Contract; the
Notices to Proceed work effective immediately, and all attachments thereto are hereby
incorporated, made a part of this Second Amendment, and attached hereto as "Composite
Exhibit A", including: the City's IFB and supporting documentation as Exhibit "A" to the
original Contract. Contractor's updated insurance requirements, bonding requirements,
and corporate authorization are hereby incorporated, made a part of this Second
Amendment and attached hereto as Composite Exhibit `B." This Second Amendment and
the Contract, including all Exhibits hereto and thereto as amended and renewed, 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 Second
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*.
BECAUSE CONTRACTOR IS A CORPORATION, THERE SHALL BE ATTACHED TO EACH
COUNTERPART AS EXHIBIT `B" 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.
2
FITNESS: (If Corporation,
attach Seal and Attest by Secretary)
BY:
. Sit
Print Name: e4z P41,4. 3AreA
Corporate Secretary
(SEA.
L)
ATTEST:
rriscilla A. ompson��
City Clerk
APPROVED AS TO
ENS` GINEERING%���
Stephanie N. Grindell, P.E. 101+
Director, Public Works bt
swomis L
APPROVED AS TO FORM AND
CORRECTNESS
11__� )
Julie
0. rey City Att
RESOLUTIONS NO. 05-0446
CONTRACTOR:
Envirowaste Services Group, Inc.
A Florida Co ration /
BY:
Print,. ame :
Print Title: Cc's/ t:T(Ae7J?
&5- OL,320a96
(Employer Tax I.D. Number)
THE CIJm
Y Q�'r1VIIAMI, FLORIDA,
a munici a cooration.,--?
BY: V, Y /
Pedro G. Hem .E.
City Mana'ge,
APPR EDT�OINSURANCE
REQ T�:
LQeAnn Brihm, Director
CORPORATE RESOLUTION
WHEREAS 5,5?VlceS 6fDUP desires to enter into a
Second Amendment and Renewal ("Second Amendment") to the Contract for
Citywide Outfall Cleaning Project, B-30256 dated and effective as of January 20,
2009, (the "Contract") with the City of Miami for the purposes of amending and
renewing the Contract as described in the Second Amendment and the Contract
to which this resolution is attached; and
WHEREAS, the Board of Directors at a duly held corporate meeting has
considered the matter in accordance with the By -Laws of the corporation,
Now, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS that
the CEa / Pen (/I;) -r
(type title of officer)
,5, 159 ADZ 54IQ6A is hereby authorized
(type name of officer)
and instructed to enter into the Second Amendment to the Contract, in the name
and on behalf of this corporation, with the City of Miami upon the terms and
conditions contained in the proposed Second Amendment to the Contract to
which this resolution is attached, to update the insurance requirements, and to
execute the corresponding performance bond.
DATED this Z3
Corporate ?Secretary
day of
Qq
(Corporate Seal)
4