CONSENT TO ASSIGNMENT & 1ST AMENDMENT TO JOC 070/0 a7 s
CONSENT TO ASSIGNMENT
AND
FIRST AMENDMENT TO JOB ORDER CONTRACT (JOC)
NO. 23 -08/09 .
WITH
UNITECH BUILDERS, CORP. DATED JULY 15, 2009
The Consent to Assignment and First Amendment to Job Order Contract (JOC)
No. 23- 08/09, to provide. Horizontal Construction Projects, dated July 15, 2009, is
entered into this 8 d ay of December 2010 (Effective Date), by and among the City of
Miami Beach, a Florida municipal corporation, whose address is. 1700 Convention
Center Drive, Miami Beach, Florida 33139; Unitech Builders, Corp„ a Florida
corporation, whose principal address is 16115 SW 117 Avenue, Suite 23, Miami, Florida
33177, as Assignor of aforestated JOC Contract; and David,Mancini and Sons, Inc., a
Florida corporation, whose principal address is 1931 NW 40 Court, Pompano Beach, FL
33064, as the new JOC Contractor and Assignee under said assignment (as herein . '
below consented to by the City).
WITNESSETH:
WHEREAS, on July 15, 2009, the City of Miami Beach, Florida (the City)
entered into a JOC contract with Unitech Builders, Corp. (Contractor and/or Assignor)
pursuant to Job Order Contract (JOC) No. 23- 08/09, to provide Horizontal Construction
Projects (the JOC Contract); and
WHEREAS, Contractor now wishes to assign the JOC Contract to David Mancini
and Sons, Inc. (Assignee or the new JOC Contractor); and
WHEREAS, pursuant to Section 18.1 of the JOC. Contract, assignment of the
JOC Contract requires the written consent of the Mayor and City Commission; and
WHEREAS, the Administration has exercised its due diligence on the new JOC
Contractor and recommends said assignment; and
. WHEREAS, at its regular meeting on December 8, 2010, the Mayor and City
Commission approved the following Consent to Assignment and First Amendment to
the JOC Contract; and
WHEREAS, the following Consent to Assignment and First Amendment to the
JOC Contract, shall have an effective date of December 8, 2010, and remain in effect
throughout the remainder of the current term of the JOC Contract, scheduled to expire
July 14, 2014; and
WHEREAS, notwithstanding the requested assignment, David Mancini and Sons,
Inc. will assume all of the remaining obligations and responsibilities originally
undertaken by Unitech Builders, Corp.
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NOW, THEREFORE, the City, Assignor, and the new JOC Contractor /Assignee,
for and in consideration of the mutual covenants, agreements and undertakings herein
contained, do by these presents mutually covenant and agree to assign and amend
JOC Contract No. 23- 08/09, as follows:
1. The City hereby consents to the assignment of the JOC Contract, from
Unitech Builders, Corp. (also referred to as the Contractor /Assignor), to
David Mancini and Sons, Inc. (also referred to as new JOC
Contractor /Assignee): Assignor and new JOC Contractor /Assignee
hereby acknowledge and agree to said assignment, and Assignee further
_ _ .. _agrees. to be bound by the terms .and conditions of the - JQC._:o.ntract, as_... -. . ...
amended by this Consent to Assignment and First Amendment; all as
further evidenced by the parties' execution of the Consent to Assignment,
attached hereto and incorporated herein as Exhibit A. .
2. On or before the Effective Date, the new JOC Contractor shall furnish to
the City's Risk Manager, Certificates of Insurance or endorsements
evidencing the insurance coverage specified in Article 7, entitled
"Insurance ", on pages 39 and 40 of the JOC Contract.,
3. On or before the Effective Date, the new JOC Contractor shall agree to
provide Performance and Payment Bonds, each in the amount of one
million dollars ($1,000,000), guaranteeing to City the completion and
performance of the work covered in the . JOC Contract, as well as full
payment of all suppliers, laborers, and subcontractors, pursuant to
General Conditions, Section 00400, Paragraph 4, entitled "Performance.
Bond and Payment Bond ", on pages 36 and 37 of the•JOC Contract.
4: Section 6.6, entitled "Notices ", on page 8 of the JOC Contract, shall be
amended, in part (deleted items struck — trough . and inserted items
underlined), to reflect the new JOC Contractor's contact information as
follows:
The address for notices to .Contractor is:
Miami, Florida 33177
David Mancini and Sons, Inc.
1931 NW 40 Court
Pompano Beach, Florida 33064
Attn: David Mancini i
5. Notwithstanding the City's consent to this Assignment, and. new JOC
Contractor /Assignee's acceptance, Contractor /Assignor shall continue to
indemnify and hold harmless the City, its officers, agents, directors, and
employees, from any causes of actions, claims, proceedings, liabilities,
damages, losses, and costs (including, but not limited to, reasonable
attorneys fees), arising out of, caused by, or otherwise due to, the
• . • .• • •
negligence, recklessness, or intentional wrongful 'misconduct of
Contractor /Assignor, and/or persons employed or utilized by
Contractor /Assignor in the performance of any work and /or services under
the JOC Contract for any previously completed and /or ongoing projects
that Contractor /Assignor has worked on, and /or is continuing to work on,
as of the Effective Date. In such cases, the City shall always have full
recourse under the JOC Contract to Contractor /Assignor.
6. Except as otherwise specifically amended herein, all other terms and
conditions of the JOC Contract, shall remain in full force and effect. In the
event there is a conflict between the terms provided ';herein and the JOC
- Contract, the provisions of this -Assignment - and First .Amendment shall- - . - . govern. .
IN WITNESS WHEREOF, the parties hereto have caused this Assignment to be
executed by their appropriate officials, as of the date first entered above.
1
FOR CITY: CITY OF MIAMI BEACH, FLORIDA
ATTEST: I
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By /iii i L!;. .
City Clerk . Ma or
Robert Parcher Matti Herrera Bower
FOR ASSIGNOR:
ATTEST: UNITECH BUILDERS, CORP.
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B : - � t _' —.
Secretary President
ANTaoav I t O L: - • fNruu t R. Conn
Print Name Print Name
FOR NEW CONTRACTOR/ASSIGNEE:
ATTEST: DAVI MANCINI AND SONS, INC.
I
By: J`
Secre ry President 1
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Print Name Print Name
T:WGENDA\2010\December 8 \Consent\Assignmentconsent.doc APPROVED AS TO •
1 FORM & LANGUAGE
& FOR EXECUTION
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EXHIBIT A + .
CONSENT TO ASSIGNMENT
Job Order Contract (JOC) No. 23- 08/09, dated . July 15, 2009
This Assignment is being entered into on this 8t of December 2010, by and between UNITECH
BUILDERS, CORP. (Assignor), a Florida corporation, and DAVID.MANCIIN.I AND SONS, INC. (New
JOC Contractor /Assignee), a Florida corporation whose principal address. is 1931 NW 40 Court,
Pompano Beach FL 33064.
WITNESSETH, that for valuable consideration in hand paid by the Assignee to the Assignor, receipt
of which is hereby acknowledged, the Assignor hereby assigns and transfers to the New JOC
Contractor /Assignee, and Assignee hereby accepts, all of its right, title and interest in and to the
following described agreements: .... - - 0 !- - -. - .... - . -
1. Assignee agrees to be bound and shall comply with all legal terms and conditions, and
responsibilities outlined in JOC Contract No. 23- 08/09; .
2. Assignor will continue to honor and maintain all required warranties and responsibilities
for previously completed projects and any ongoing project with the City, as of Effective
Date (Le. December 8, 2010); and
3. The parties . before : hereby agree and acknowledge that, notwithstanding the City's
consent to this . Assignment, and . new JOC . Contractor /Assignee's acceptance,
Contractor /Assignor shall continue to indemnify and hold harmless the City, its officers,
agents, directors, and employees, from any causes of actions, claims, proceedings,
liabilities, damages, .losses, and costs (including, but not limited to reasonable
attorneys fees), arising out of, . caused by, or otherwise due to, the negligence,
recklessness, or intentional wrongful misconduct of •Contractor /Assignor, and /or
persons employed or utilized by Contractor in the performance of any work and /or
services, under the JOC Contract for any previously completed and /or ongoing projects
that Contractor /Assignor has worked on, and/or is continuing to work on, as of the
Effective Date. In such cases, the City shall always have full recourse under the JOC
Contract to Contractor /Assignor.
IN WITNESS WHEREOF, the parties hereto have executed this Assignment on the day and year
first above written.
UNITECH .= UILDERS, CORP (Assignor)
B A ..: 12I8ltoto
President/ Signa re ? Date
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Print Name
DAVID N AND SONS, INC (New JOC Contractor /Assignee) • G
By libel 1 n j
President/ Signature Date
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Print Name 0
ATTEST: /� L / I JIO - APPROVED ASTO
Secretary/ ignat a Date I FORM & LANGUAGE
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