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HomeMy WebLinkAboutExhibit 1FIRST AMENDMENT TO CONTRACT Between CITY OF MIAMI AND THOMAS MAINTENANCE SERVICES, INC. This First Amendment to the Contract ("First Amendment") is made and entered into this day of , 2013, (but effective as of the date stated on the Notice to Proceed, "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 Thomas Maintenance Services, Inc., a Florida corporation, whose principal address is 16205 SW 117 Avenue, Unit 7, Miami, Florida, 33170, (the "Contractor"). WITNESSETH: WHEREAS, pursuant to Resolution No. R-12-0118, adopted by the Miami City Commission on March 22, 2012 (the "Authorizing Resolution"), the City Commission accepted the bid of Thomas Maintenance Services, Inc. (the "Contractor"), and entered into a Contract for "City Lots and Rights of Way Landscaping Contract, M-0082" for a one (1) year period in an annual amount not to exceed One Hundred Fifty Two Thousand Six Hundred and Eighty Six Dollars and Fourteen Cents ($152, 686.14); and WHEREAS, the Contract provided for up to four (4) additional one additional (1) year options to renew, in an annual amount not to exceed One Hundred Fifty Two Thousand Six Hundred and Eighty Six Dollars and Fourteen Cents ($152, 686.14) for each such option year, subject to the availability of funding and the Contractor's performance; and WHEREAS, the City Manager 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, in an annual amount not to exceed One Hundred Fifty Two Thousand Six Hundred and Eighty Six Dollars and Fourteen Cents ($152, 686.14); NOW, THEREFORE, in consideration of the foregoing, and the promises and covenants contained herein the parties hereby amend the Contract as follows: 1. ARTICLE 2. CONTRACT SUM: Article 2 of the Contract is amended to exercise the First option to renew in an annual amount not to exceed One Hundred Fifty Two Thousand Six Hundred and Eighty Six Dollars and Fourteen Cents ($152, 686.14) for Fiscal Year 2013-2014. Should the City Manager decide to exercise the remaining option available, the annual amount will be as follows: The Second Option to renew in an annual amount not to exceed One Hundred Fifty Two Thousand Six Hundred and Eighty Six Dollars and Fourteen Cents ($152, 686.14) for Fiscal Year 2014-2015. T-S43- 5 %-:.x) The Third Option to renew in an annual amount not to exceed One Hundred Fifty Two Thousand Six Hundred and Eighty Six Dollars and Fourteen Cents ($152, 686.14) for Fiscal Year 2015-2016. The Fourth and final option to renew in an annual amount not to exceed One Hundred Fifty Two Thousand Six Hundred and Eighty Six Dollars and Fourteen Cents ($152, 686.14) for Fiscal Year 2016-2017; 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 the date stated on the Notice to Proceed, hereby incorporated by reference. 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. R-12-0118, the Contract and its Amendments, Notice to Proceed, 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, The Contract and its Amendments, including all Exhibits hereto shall collectively form the agreement between the parties. 4. CONTRACT TERMS: Except as specifically modified herein, all terms and conditions, representations, warranties, and covenants of the Contract remain unchanged and in full force and effect. IN WITNESS WHEREOF the parties hereto have executed this First Amendment on the day and date of 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) CONTRACTOR: Thomas Maintenance Services, Inc. A Florida Corporation BY: BY: Print Name: Print Name: Corporate Secretary Print Title: (SEAL) ATTEST: Todd Hannon, City Clerk APPROVED AS TO ENGINEERING: Nzeribe Ihekwaba, Ph.D., P.E. Director, Public Works APPROVED AS TO FORM AND CORRECTNESS Julie O. Bru, City Attorney RESOLUTION NO. 12-0118 (Employer Tax I.D. Number) THE CITY OF MIAMI, FLORIDA, A municipal corporation, BY: Johnny Martinez, City Manager APPROVED AS TO INSURANCE REQUIREMENTS: Calvin Ellis, Director, Risk Management *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. Corporate Resolution WHEREAS, desires to enter into a First Amendment and Extension ("First Amendment") to the Contract for "City Lots and Rights of Way Landscaping Contract, M-0082," (the "Contract") with the City of Miami for the purposes of amending, and extending the Contract for performing the work as described in the First 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 (type title of officer) , is hereby authorized (type name of officer) and instructed to enter into First Amendment to the Contract, in the name and on behalf of this corporation, with City of Miami upon the terms and conditions contained in the proposed First Amendment to the Contract to which this resolution is attached, to update the insurance requirements, and to execute the corresponding performance bond. Corporate Secretary Dated this day of , 20 Chairperson of the Board of Directors (Corporate Seal)