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Home My WebLink AboutExhibit - AgreementDRAFT SECOND AMENDMENT TO CONTRACT Between CITY OF MIAMI AND ENVIROWASTE SERVICES GROUP, INC. This Second Amendment to the Contract ("Second Amendment") is made and entered into this day of , 2015, (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 Envirowaste Services Group, Inc., a Florida corporation, whose principal address is 4 SE 1 Street, 2nd Floor, Miami, Florida, 33131, (the "Contractor"). WITNESSETH: WHEREAS, pursuant to Resolution No. R-12-0138, adopted by the Miami City Commission on April 12, 2012 (the "Authorizing Resolution"), the City Commission accepted the bid of Envirowaste Services Group, Inc. (the "Contractor"), and entered into a Contract for "Outfall Cleaning Contract, M-0045" for a two (2) year period in an annual amount not to exceed One Hundred Seventy Six Thousand, Seven Hundred Twenty Dollars ($176,720.00); and WHEREAS, the Contract provided for up to three (3) additional one (1) year options to renew, in an annual amount not to exceed One Hundred Seventy Six Thousand, Seven Hundred Twenty Dollars ($176,720.00) for each such option year, subject to the availability of funding and Contractor's performance; and WHEREAS, the City Manager is authorizing this Second Amendment to increase the Contract amount for the current term and remaining Contract terms in order to allow the Department to maintain the City's Storm Sewer System on a proactive basis and ensure compliance with the City's NPDES Operating Permit issued by the Florida Department of Environmental Protection. WHEREAS, the contract is currently in its First option to renew and 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 Scvcnty Six Thousand, Scvcn Hundred Twcnty Dollar ($176,720.00); Two Hundred Thousand Dollars ($200,000.00); WHEREAS, the City Manager is exercising its Second 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 Scventy Six Thousand, Seven Hundred Twenty Dollars ($176,720.00); Two Hundred Thousand Dollars ($200,000.00); 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 Second Amendment, current term and option to renew in an annual amount not to exceed One Hundred Seventy Six Thousand, Seven Hundred Twenty Dollars ($176,720.00) Two Hundred Thousand Dollars ($200,000.00) for Fiscal Year 2015. Should the City Manager decide to exercise the remaining option available, the annual amount will be as follows: The third and final option to renew in an annual amount of One Hundred Seventy Six Thousand, Seven Hundred Twenty Dollars ($176,720.00) Two Hundred Thousand Dollars ($200,000.00) during Fiscal Year 2016. 2. ARTICLE 7. THE CONTRACT TERM: Article 7 of the Contract is amended to include the term for the Second 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 Second Amendment. The City's Authorizing Resolution No. R-12-0138, the Contract and its Amendments, Notice to Proceed, 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, 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. 5. PUBLIC RECORDS REQUEST: Pursuant to the provisions of § 119.0701 Fla. Stat. Contractor must comply with the Florida public records laws, specifically the Contractor must: (a) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the service. (b) Provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (d) Meet all requirements for retaining public records and transfer, at no cost, to the agency all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the public agency in a format that is compatible with the information technology systems of the public agency. IN WITNESS WHEREOF the parties hereto have executed this Second 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: Envirowaste Services Group, Inc. A Florida Corporation BY: BY: Print Name: Corporate Secretary (SEAL) ATTEST: Todd B. Hannon, City Clerk APPROVED AS TO ENGINEERING: Eduardo Santamaria, P.E., CGC Director, Public Works APPROVED AS TO FORM AND CORRECTNESS Victoria Mendez, City Attorney RESOLUTION NO. 12-0138 Print Name: Print Title: (Employer Tax I.D. Number) THE CITY OF MIAMI, FLORIDA, A municipal corporation, BY: Daniel J. Alfonso, City Manager APPROVED AS TO INSURANCE REQUIREMENTS: Ann -Marie Sharpe, 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 Second Amendment and Extension ("Second Amendment") to the Contract for "Outfall Cleaning Contract," M- 0045 (the "Contract") with the City of Miami for the purposes of amending, and extending the Contract for performing the work 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 (type title of officer) , is hereby authorized (type name of officer) and instructed to enter into Second 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 Second 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)