HomeMy WebLinkAboutPower Exterminators, Inc. - Addendum to Agreement for Chemical Services 2017 06 19 ADDENDUM TO
AGREEMENT FOR CHEMICAL SERVICES
THIS ADDENDUM TO AGREEMENT FOR CHEMICAL SERVICES ("Addendum") is made and entered
into by and between the CITYOF WINTER SPRINGS,a Florida municipal corporation("City"), located at 1126 East
State Road 434, Winter Springs, Florida 32708, and POWER EXTERMINATORS, INC., a Florida Corporation
("Service Provider"), with a principal address of 8815 SW 129th Street, Miami, Florida 33176.
WITNESSETH:
WHEREAS, City and Service Provider previously entered into an Agreement for Chemical Services
("Agreement") for the Neighborhood Parks Chemical Program commencing January 1, 2016 and terminating
December 31, 2016; and
WHEREAS, section 2.1 of the Agreement provided that the to of the Agreement may be extended for
five(5)additional one-year terms by mutual agreement of both parties; and
WHEREAS,City and Service Provider mutually desire to extend the to of the Agreement for one(1)year,
as set forth herein.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties covenant and agree as follows:
1.0 RECITALS. The foregoing recitals are deemed to be true and accurate and are fully incorporated herein
by this reference.
2.0 EXTENSION OF TERM. City and Service Provider hereby agree to extend the term of the Agreement for
one(1)year, commencing on January 1, 2017 and terminating at the close of business on December 31, 2017.
3.0 COMPENSATION. Section 6.1, Compensation, is hereby deleted in its entirety and replaced with the
following language:
CoMg2nsation. For the Services provided pursuant to the Agreement, the City agrees to pay Service
Provider a sum not to exceed EIGHTEEN THOUSAND, ONE HUNDRED AND SEVENTY AND 28/100
DOLLARS($18,170.28). If this Agreement is extended,the total annual amount paid to Service Provider shall
not exceed the above mentioned number adjusted by the Producer Price Index as set forth in paragraph 2.1 of
this Agreement.
® PUBLIC RECORDS. Section 18.1, Public Records, is hereby deleted in its entirety and replaced with the
following language:
Pursuant to Section 119.0701, Florida Statutes and other applicable public records laws, Service Provider
agrees that any records, documents, transactions, writings, papers, letters, computerized information and
programs, maps, books, audio or video tapes, films, photographs, data processing software, writings or
other material(s), regardless of the physical form, characteristics, or means of transmission, of Service
Provider related, directly or indirectly, to the services provided to the City under this Agreement and made
or received pursuant to law or ordinance or in connection with the transaction of official business by the
City, may be deemed to be a public record,whether in the possession or control of the City or the Service
Provider. Said records, documents, transactions, writings, papers, letters, computerized information and
programs, maps, books, audio or video tapes, films, photographs, data processing software, writings or
other material(s), regardless of the physical form, characteristics, or means of transmission of Service
Provider are subject to the provisions of Chapter 119, Florida Statutes, and may not be destroyed without
the specific written approval of the City's designated custodian of public records.
IF THE SERVICE PROVIDER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119,
FLORIDA STATUTES, TO THE SERVICE PROVIDER'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, THE CITY
CLERK, AT (407) 327-5955, CITYCLERKDEPARTMENT(—wWINTERSPRINGSFL.ORG, 1126 EAST
STATE ROAD 434, FLORIDA 32708.
Service Provider is required to and agrees to comply with public records laws. Service Provider shall keep
and maintain all public records required by the City to perform the services as agreed to herein. Service
Provider shall provide the City, upon request from the City Clerk, copies of the requested records or allow
the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost
provided by law. Service Provider shall ensure that public records that are exempt or confidential and
exempt from public records disclosure requirements are not disclosed except as authorized by law for the
duration of the Agreement term. Upon completion of the Agreement, Service Provider shall transfer to the
City, at no cost, all public records in possession of the Service Provider, provided the transfer is requested
in writing by the City Clerk. Upon such transfer, Service Provider shall destroy any duplicate public records
that are exempt or confidential and exempt from public records disclosure requirements. However, if the
City Clerk does not request that the public records be transferred, the Service Provider shall continue to
keep and maintain the public records upon completion of the Agreement and shall meet all applicable
requirements for retaining public records. All records stored electronically must be provided to the City,
upon request from the City Clerk, in a format that is compatible with the information technology systems of
the City. Should the City not possess public records relating to this Agreement which are requested to be
inspected or copied by the City or any other person, the City shall immediately notify Service Provider of
the request and the Service Provider shall then provide such records to the City or allow the records to be
inspected or copied within a reasonable time. If the Service Provider does not comply with a public records
request, the City may enforce this Section to the extent permitted by law. Service Provider acknowledges
that if the Service Provider does not provide the public records to the City within a reasonable time, the
Service Provider may be subject to penalties under Section 119.10, Florida Statutes. The Service Provider
acknowledges that if a civil action is filed against the Service Provider to compel production of public records
relating to this Agreement, the court may assess and award against Service Provider the reasonable costs
of enforcement, including reasonable attorney fees. All public records in connection with this Agreement
shall, at any and all reasonable times during the normal business hours of the Service Provider, be open
and freely exhibited to the City for the purpose of examination, audit, or otherwise. Failure by Service
Provider to grant such public access and comply with public records laws and/or requests shall be grounds
for immediate unilateral cancellation of this Agreement by the City upon delivery of a written notice of
cancellation. If the Service Provider fails to comply with this Section,and the City must enforce this Section,
or the City suffers a third party award of attorney's fees and/or damages for violating Chapter 119, Florida
Statutes, due to Service Provider's failure to comply with this Section, the City shall collect from Service
Provider prevailing party attorney's fees and costs, and any damages incurred by the City, for enforcing
this Section against Service Provider. And, if applicable, the City shall also be entitled to reimbursement
of all attorneys'fees and damages which the City had to pay a third party because of the Service Provider's
failure to comply with this Section. The terms and conditions set forth in this Section shall survive the
termination of this Agreement.
5.0 OTHER TERMS AND CONDITIONS OF AGREEMENT. All terms and conditions of the Agreement not
expressly modified by this Addendum shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto caused this Addendum to be executed by their duly
authorized representatives as of the date first written above.
CITY: SERVICE PROVIDER:
CITY OF WINTER SPRINGS, ,PO AREX ERMINATORS,INC.,
a Floridaunicipal, or m Tnd s c ra t ion.
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