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HomeMy WebLinkAbout360Brands, INC. Third Addendum Janitorial Services Contract 2021 09 24 THIRD ADDENDUM TO CITY OF WINTER SPRINGS JANITORIAL SERVICES CONTRACT THIS THIRD ADDENDUM TO CITY OF WINTER SPRINGS JANITORIAL SERVICES CONTRACT("Third Addendum")is entered into by and between the City of Winter Springs ("City"), a Florida municipal corporation, 1126 East State Road 434, Winter Springs, Florida 32708 and 36013rands, Inc. ("Contractor"), a Foreign Profit Corporation, located at 670 Marina Drive, Suite 101 Daniel Island, South Carolina, 29492. WHEREAS,the City and Contractor previously entered into the City of Winter Springs Janitorial Services Contract ("Contract") for the purpose of securing Contractor's janitorial services for Central Winds Park; Sunshine Park,Trotwood Park,Moss Park, Sam Smith Memorial Park, Torasco Park, the Cross Seminole Trailhead, and the Civic Center, all of which are located within the City; and WHEREAS,the City and Contractor entered a First Addendum to City of Winter Springs Janitorial Services Contract to extend the janitorial services for one year, the term of which ends September 30,2021; and WHEREAS, the City and Contractor entered a Second Addendum to City of Winter Springs Janitorial Services Contract to add one additional trailhead location at which Contractor will provides services,to increase the compensation to Contractor in accordance with the Contract, and to extend the janitorial services through September 30, 2022; and WHEREAS, the City and Contractor desire to enter this Third Addendum to include a provision regarding statutory requirements relating to mandated use of the E-Verify system. 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 E-VERIFY. Section 19. of the Contract is hereby created as follows: 19. E-Verify. a. Pursuant to section 448.095, Florida Statutes, beginning January 1, 2021, contractors, which shall include Contractor, shall register with and use the U.S. Department of Homeland Security's E-Verify system,htt s //e- verlfww.uscis. >*ov/ems, to verify the work authorization status of all employees hired on and after January 1, 2021. b. Subcontractors (i) Contractor shall also require all subcontractors performing work under this Agreement to use the E-Verify system for any employees they may hire during the term of this Agreement. Third Addendum to Contract for Janitorial Services City of Winter Springs/360Brands,Inc. Page 1 of 2 (ii) Contractor shall obtain from all such subcontractors an affidavit stating the subcontractor does not employ, contract with, or subcontract with an unauthorized alien, as defined in section 448.095, Florida Statutes. (iii) Contractor shall provide a copy of all subcontractor affidavits to the City upon receipt and shall maintain a copy for the duration of the Agreement. C. Contractor must provide evidence of compliance with section 448.095, Florida Statutes. Evidence shall consist of an affidavit from the Contractor stating all employees hired on and after January 1,2021 have had their work authorization status verified through the E-Verify system and a copy of their proof of registration in the E-Verify system. d. Failure to comply with this provision is a material breach of the Agreement, and shall result in the immediate termination of the Agreement without penalty to the City. Contractor shall be liable for all costs incurred by the City securing a replacement Agreement, including but not limited to, any increased costs for the same services, any costs due to delay, and rebidding costs, if applicable. 3.0 OTHER TERMS AND CONDITIONS. Any other term or condition of the Contract not expressly modified by this Third Addendum shall remain in full force and effect. AGREED: THE CITY OF WINTER SPRINGS: 360BRANDS, INC. . ... ........ ... .. ....... hawnBo , ._._.... Brent Bodiford, i�yNana a Vice President of Franchise Services DATE: q "ait, Rol"I DATE: 09-24-2021 Third Addendum to Contract for Janitorial Services City of Winter Springs/360Brands,Inc. Page 2 of 2