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HomeMy Public PortalAboutAddendum No. 2 to Contract No. 48-2011 - LifegasADDENDUM THIS ADD LJM, (Number 2 to Contract No. 48-2011) is made and entered into this day of , 2013, by and between Richmond, Indiana, a municipal corporation acting through its oard of Public Works and Safety with its office at 50 North 5"' Street, Richmond, Indiana, (hereinafter referred to as "City"), and Lifegas, 5720 Kopetsky Drive, Suite N, Indianapolis, Indiana, 46217 (hereinafter referred to as "Contractor"). WHEREAS, City and Contractor entered into Contra No. 48-2011 on March 17, 2011, as well as Addendum Number 1 to said Contract on February 23, 2012; and WHEREAS, City wishes to continue to retain Contractor to continue to provide services to refill both D-size oxygen cylinders and M-size oxygen cylinders and provide tank rental for the City of Richmond Fire Department as set forth within the scope of Contract No. 48-2011. NOW, T.IIEREFORE, in consideration of the mutual promises and covenants herein contained, including the above stated recitals, City and Contractor hereby agree as follows: 1. The City and Contractor executed and entered into Contract No, 48-2011, on March 17, 2011, as well as Addendum Number I to said Contract on February 23, 2012. Pursuant to Contract No. 48-2011, Section IV Term of Agreement, the City has an option to renew the Agreement for a third year, which option is exercised pursuant to this Addendum. Contractor shall continue to provide services to refill both D-size oxygen cylinders and M-size oxygen cylinders and provide tank rental for the Richmond Fire Department as identified within Contract No. 48 2011 until March I, 2014. Such services shall be performed in a manner consistent with Contract No. 48-2011 and its previous Addendum, which are hereby incorporated by reference and made a part hereof 2. City and Contractor expressly agree that all other terms, conditions, and covenants contained in Contract No. 48-2011 and its previous Addendum, shall be applicable to the work performed pursuant to this Addendum, unless such term, condition or covenant conflicts with this Addendum Number 2, in which case this Addendum Number 2 shall be controlling. 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 .tune 30, 2012, must include the Iran Investment Activities certification, which certification is set forth and incorporated into Contract Number 48-2011 as follows: SECTION X1I. 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 Iran 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. 2 to Contract No. 48-2011 Page] of2 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. 4. 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 third year, and the addition of the Iran Investment Activities Certification, Contract No. 48-2011 and its previous Addendum shall remain intact and unchanged and in full force and effect. 5. 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 Adden m is execut and approved by the undersigned representatives of the City and Contractor this �, day of 2013, to be effective in accordance with its terms as of March I, 2013. "CITY" THE CITY OF RICHMOND, INDIANA by and through its Board of Public Works and Safety By: Vicki Robinson, President 10 Rim APPROVED: ZYLI2 Sarah L. Hutton, Mayor Date: "CONTRACTOR" LIFEGAS 5720 Kope5k Drive, Suite N India poly , IN 46217 Title: , gwa dui oG7��.t Se Date: 3 3 Page 2 of 2