HomeMy Public PortalAboutAddendum No. 1 to Contract No. 10-2012 - Cummins Electric - FirADDENDUM
THIS AADDENDUM, (Number 1 to Contract No. 10-2012) is made and entered into this 710 day of
2013, by and between Richmond, Indiana, a municipal corporation acting through its Board of
Public Works and Safety with its office at 50 North 5t' Street, Richmond, Indiana, (hereinafter referred to as
"City"), and Cummins Electric Inc., 3712 National Road West, P.O. Box 638, Richmond, Indiana, 47375
(hereinafter referred to as "Contractor").
WHEREAS, City and Contractor entered into Contract No.10-2012 on January 26, 2012; and
WHEREAS, City wishes to continue to retain Contractor to continue to provide services as an on -call licensed
electrical contractor to perform; as -needed general maintenance and electrical repairs for the City
of Richmond Fire Department (Fire Stations 1, 2, 3, 4, 5, and 6), as set forth within the scope of
Contract No. 10-2012.
NOW, THEREFORE, in consideration of the mutual promises and covenants'hetein contained, including the
above stated recitals, City and Contractor hereby agree as follows:
The City and Contractor executed and entered into Contract No. 10-2012, on January 26, 2012.
Pursuant to Contract No. 10-2012, Section IV Term. of Agreement, the City has an option to
renew the Agreement for a second calendar year, which option is exercised pursuant to this
Addendum. Contractor shall continue to provide services as an on -call licensed electrical
contractor to perform as -needed general maintenance and electrical repairs for the City of
Richmond Fire Department (Fire Stations .1, 2, 3, 4, 5, and 6) as identified within Contract No.
10-2012 for the 2013 calendar year. Such services shall be performed in a manner consistent
with Contract No. 10-2012, which is hereby incorporated by reference and made a part hereof
2. City and Contractor expressly agree that the City shall have an option to renew the Agreement for
a third calendar year, as contained in Contract No. 10-2012, upon the same terms and conditions
therein, for the calendar year 2014.
3. City and Contractor expressly agree that all other terms, conditions, and covenants contained in
Contract No. 10-2012, shall be applicable to the work performed pursuant to this Addendum,
unless such term, condition or covenant conflicts with this Addendum Number 1, in which case
this Addendum Number 1 shall be controlling.
4. Both parties agree that in accordance with Indiana Code 5-22-16.5-1 et seq., contracts with
municipal units entered into or renewed after June 30, 2012, must include the Iran Investment
Activities certification, which certification is set forth and incorporated into Contract Number
10-2012 as follows:
SECTION XH. IRAN INVESTMENT ACTIVITIES
Pursuant to Indiana Code (IC) 5-22-16.5, Contractor certifies that Contractor is
not engaged in investment activities in Iran. In the event City determines during
the course of this Agreement that this certification is no longer valid, City shall
notify Contractor in writing of said determination and shall give contractor ninety
(90) days within which to respond to the written notice. In the event Contractor
fails to demonstrate to the City that the Contractor has ceased investment
activities in Irani within ninety (90) days after the written notice is given to the
Contractor, the City may proceed with, any remedies it may have pursuant to IC
5-22-16.5.
Addendum No. 1 to Contract No.10-2012
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In the event the City determines during the course of this Agreement that this
certification is no longer valid and said determination is not refuted by Contractor
in the manner set forth in IC 5-22-16.5, the City reserves the right to consider the
Contractor to be in breach of this Agreement and terminate the agreement upon
the expiration of the ninety (90) day period set forth above.
5. Both parties hereby agree that with the exception of the extension of the contract date of
termination pursuant to the exercise of the option to renew the contract for a second year, and the
addition of the Iran Investment Activities Certification, Contract No. 10-2012 shall remain intact
and unchanged and in full force and effect.
6. Both parties agree that any person executing this Contract in a representative capacity hereby
warrants that he or she has been duly authorized by his or her principal to execute this
Addendum.
IN WITNESS WHEREOF, this Adde!jdupa is executed and approved by the undersigned representatives
of the City and Contractor tday of 2013, to be effective in accordance with its terms
as of January 1, 2013.
"CITY"
THE CITY OF RICHMOND,
INDIANA by and through its
Board of Public Works and Safety
B'
Y:
Vicki Robinson, President
1
By:
ai�k-
"CONTRACTOR"
CUMIVIINS ELECTRIC, INC.
3712 National Road West, PO Box 638
Richmond, IN 47375
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Title: dfZ 6-S f ► (-m
Dian Lawson, ember
BY Date: r j�
thou t er
APPROVED: W
414
Sarah L. Hutton, Mayor
Date:
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