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
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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.
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
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APPROVED: ZYLI2
Sarah L. Hutton, Mayor
Date:
"CONTRACTOR"
LIFEGAS
5720 Kope5k Drive, Suite N
India poly , IN 46217
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Date: 3 3
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