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HomeMy WebLinkAboutExhibit - AgreementTHIRD OPTION TO RENEW TO CONTRACT Between CITY OF MIAMI AND THOMAS MAINTENANCE SERVICES, INC. This Third Option to Renew the Contract ("Third Option") 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. 2"d 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 Third 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 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. Should the City Manager decide to exercise the remaining option available, the annual amount will be as follows: 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; /VA S/o37 2. ARTICLE 7. THE CONTRACT TERM: Article 7 of the Contract is amended to include the term for the Third 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 Third Option to renew. 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 Third Option to Renew, and attached hereto as "Composite Exhibit A", including: the City's Invitation for Bid (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 Third Option to Renew and attached hereto as Composite Exhibit "B." This Third Option to Renew, 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: The Contractor shall comply with the Florida Public Records Act, Chapter 119, Florida Statues, as amended including, without limitation, the revisions of § 119.0701 Fla. Stat. which states: (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 Third option to renew 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 B. Hannon, City Clerk APPROVED AS TO ENGINEERING: Eduardo Santamaria, P.E., CGC Director of Public Works APPROVED AS TO FORM AND CORRECTNESS Victoria Mendez, City Attorney RESOLUTION NO. 12-0118 (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 Third Option to Renew and Extension ("Third Option") 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 Third Option to Renew 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 this Third Option to Renew the Contract, in the name and on behalf of this corporation, with City of Miami upon the terms and conditions contained in the proposed Third Option to Renew 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)