HomeMy WebLinkAboutExhibit 9AMENDMENT # 1
TO THE AGREEMENT
BETWEEN
THE CITY OF MIAMI
AND
SARMIENTO ADVERTISING GROUP. L.L.C.
FOR
BUS BENCH DESIGN, INSTALLATION AND MAINTENANCE
This Amendment is entered into this 18th day of September, 2002, by and between THE
CITY OF MIAMI, a municipal corporation of the State of Florida, hereinafter referred to as
"CITY" and SARMIENTO ADVERTISING GROUP, L.L.C., a Florida limited liability
company, hereinafter referred to as "CONTRACTOR" for the purpose of modifying that certain
agreement between the CITY and CONTRACTOR for bus bench design, installation and
maintenance (the "Agreement") as follows:
WHEREAS, the City and Contractor entered into an agreement for bus bench design,
installation and maintenance; and
WHEREAS, the Agreement requires the CONTRACTOR to deposit a bond in the
amount of Five Hundred Thousand Dollars ($500,000.00) with the CITY to secure
CONTRACTOR'S payment obligations; and
WHEREAS, the CITY and CONTRACTOR have agreed to temporarily substitute Two
Hundred Thousand Dollars ($200,000.00) cash for the payment bond until May 15, 2003; and
WHEREAS, the CITY and CONTRACTOR have agreed to extend the time for
commencement of installation of bus benches and illuminated panels; and
WHEREAS, the CITY and CONTRACTOR have agreed that the CITY shall have a
further right of approval of the bus bench and illuminated panel designs and installation
locations; and
WHEREAS, the CITY and CONTRACTOR acknowledge that the contract terms may
need to be renegotiated after CITY approval of the designs and locations.
NOW, THEREFORE, in consideration of the premises and mutual covenants hereinafter
contained herein, the parties hereto do hereby covenant and agree as follows:
1. The Recitals and all statements contained therein are true and correct and are
hereby incorporated into this Amendment.
2. Paragraph 8.10 of Article VIII, entitled "Payment Bond or Letter of Credit is
deleted in its entirety and the following substituted in its place:
8.10 Cash Deposit, Payment Bond or Letter of Credit. For the
period from April 18, 2002 through May 14, 2003 the CONTRACTOR
shall immediately deposit with the CITY cash in the amount of Two
Hundred Thousand Dollars ($200,000.00). On May 15, 2003
CONTRACTOR shall provide, pay for, and maintain in force at all times
during the life of this Agreement, in a form acceptable to the CITY, a
payment bond or letter of credit in the amount of Five Hundred Thousand
Dollars ($500,000.00). Upon City's receipt of a bond or letter of credit
acceptable to the City, the Two Hundred Thousand Dollar ($200.000.00)
cash deposit shall be returned to CONTRACTOR. Such cash deposit,
payment bond or letter of credit shall insure CONTRACTOR's obligation
to make payments to the CITY under Article IV of this Agreement. In the
event of a default by CONTRACTOR under Article IV, and in the event
said default is not cured within the notice and grace periods contained in
Article IX, in addition to all other remedies available to the CITY the
CITY shall have the right to retain all or part of the deposit or exercise its
rights under the payment bond or letter of credit.
3. Paragraph 1.5 of Exhibit "A" is deleted in its entirety and the following
substituted in its place:
1.5 The Non -Advertising Bus Benches shall be installed at the
rate of 100 Non -Advertising Bus Benches per month commencing on
January 1, 2003.
4. Paragraph 1.6 of Exhibit "A" is deleted in its entirety and the following
substituted in its place:
1.6 The Advertising Bus Benches shall be installed at a
minimum rate of 30 Advertising Bus Benches per month for the first 12
months commencing on January 1, 2003, and at a minimum rate of 40
Advertising Bus Benches per month thereafter, until the totals described in
section 1.1 above are achieved.
5. In consideration of this Amendment and notwithstanding any prior approvals by
CITY, CONTRACTOR grants CITY a further right of approval over the Bus Bench and
Illuminated Panel designs and installation locations Citywide, specifically including, but not
limited to, Coconut Grove, Brickell, and the Upper Eastside. Contractor acknowledges that
CITY may require implementation of several designs and may require use of a particular design
in particular areas of the City.
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6. CITY and CONTRACTOR acknowledge that the terms of the Agreement may
need to be renegotiated after CITY approval of the Bus Bench and Illuminated Panel designs and
installation locations.
7 Except as specifically provided herein, all other terms and conditions of the
Agreement shall remain in effect.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment #1 to the
Agreement Between The City Of Miami And Sarmiento Advertising Group, L.L.C. For Bus
Bench Design, Installation And Maintenance on the day and year first above written.
Witness:
SARMIENTO ADVERTISING GROUP,
L.L.G., a Florida limited liability company
"CONTRACTOR"
By: By:
Print Narne & Title Marcos Guillermo Victoria
ATTEST:
Corporate Executive Vice -President,
Publicidad Sarmiento of South Florida,
Inc., Managing Partner, Sarmiento
Advertising Group, L.L.C.
THE CITY OF MIAMI, a municipal
corporation of the of the State of Florida
"CITY"
By: By:
Priscilla A. Thompson Carlos A. Gimenez
City Clerk City Manager
APPROVED AS TO FORM APPROVED AS TO INSURANCE
AND CORRECTNESS REQUIREMENTS
By: By:
Alejandro Vilarello Elliot Fixler, Administrator
City Attorney Risk Management
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