HomeMy WebLinkAboutFirst AmendmentFIRST
AMENDMENT, REINSTATEMENT, RENEWAL, AND EXTENSION
TO CONTRACT
Between
CITY OF MIAMI
AND
ENVIROWASTE SERVICES GROUP, INC.
This First Amendment, Reinstatement, Renewal, and Extension ("First
Amendment") is made and entered into this I day of il. , 2008, (but
effective as of January 20, 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
Envirowaste Services Group, Inc., a Florida corporation, whose principal address is
5931 SW 88 Street, Miami, Florida, 33156 ("Contractor").
WITNESSETH:
WHEREAS, pursuant to Resolution No. 05-0446, adopted by the Miami City
Commission on July 28, 2005 (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 ($199,995), 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 ($199,995) for each such option year; and
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 19, 2008; 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 One Hundred
Ninety Nine Thousand, Nine Hundred Ninety Five Dollars ($199,995).
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 One Hundred
Ninety Nine Thousand, Nine Hundred Ninety Five Dollars ($199,995). Should the City
decide to exercise the remaining option available, the annual amount will be as follows:
The second and final option to renew in annual amount not to exceed One Hundred
Ninety Nine Thousand, Nine Hundred Ninety Five Dollars ($199,995), for Fiscal Year
2008-2009;
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
20, 2008 and ending on January 19, 2009.
3 RECITALS, INCORPORATIONS, AND UPDATED REOLIREMENTS:
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. 05-0446, the Contract, the
Notices to Proceed work effective immediately, and all attachments thereto are hereby
incorporated, made a part of this First 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 First Amendment
and attached hereto as Composite Exhibit `B." This First Amendment and the Contract,
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*.
'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
WITNESS: (If Corporation,
attach Seal and Attest by Secretary)
BY: 1
LL j
W. Jl.
Print Name: RAYµ A . BAPBA
Corporate Secretary
(SEAL)
ATTEST:
Priscilla A. Thompson O�
City Clerk
APPROVED AS TO
�GINEERING: k�X-dAu
Stephanie N. Grindell, P.E.
Director, Public Works
APPROVED AS TO FORM AND
CORRECTNESS
Julie: Bru
City Attorney
RESOLUTIONS NO. 05-0446
CONTRACTOR:
Envirowaste Services Group, Inc.
A Florida Corporation
BY.
Print Name :
Print Title:
lv5- 08-a?o F0
(Employer Tax I.D. Number)
THE CIOF'MIAMI,
a municilwl corporation,
BY: _ I
Pedro G. Herr
City Manager
APPROVED
REQUIREM
LeeAnn Breb
Risk Manage
3