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Home My WebLink AboutAnnan Landscape Company, LLC - Addendum to Agreement for Landscape Maintenance Services for Central Winds - 2016 12 20 ADDENDUM TO AGREEMENT FOR LANDSCAPE MAINTENANCE SERVICES THIS ADDENDUM TO AGREEMENT FOR LANDSCAPE MAINTENANCE SERVICES ("Addendum") is made and entered into by and between the City of Winter Springs,a Florida municipal corporation("City"),located at 1126 East State Road 434, Winter Springs, Florida 32708, and Annan Landscape Co., LLC, a Florida limited liability company("Service Provider'), located at 991 Explorer Cove, Suite 133,Altamonte Springs, Florida 32701 WITNESSETH: WHEREAS, the City and Service Provider previously entered into an Agreement for Landscape Maintenance Services for the City's Central Winds Park on a continuing basis ("Agreement"); and WHEREAS, the City and Service Provider desire to exercise their option to extend the term of the Agreement for a one-year period as set forth in the Agreement; and NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,the parties covenant and agree as follows: Section 1. Recitals. The foregoing recitals are deemed to be true and accurate and are fully incorporated herein by reference. Section 2. Extension of Term. The City and Service Provider desire to exercise their option to extend the term of the Agreement for a one-year period as set forth in the Agreement. The one-year extension period shall commence at midnight on January 1, 2017 and terminate at 11:59 PM on December 31, 2017. Section 3. Compensation. For the Services provided during the term of this Addendum, the City agrees to pay Service Provider a sum not to exceed Twenty Seven Thousand and Ten Dollars and 16/100($27,010.16), plus the Service Provider may be entitled to an increase in rates in an amount not to exceed the full change in the Consumer Price Index(CPI)for the most recently available twelve(12)month period for All Urban Consumers(CPI- U)for All Items, U.S. City average, published by the Bureau of Labor Statistics of the U.S. Department of Labor for 1982-84, or the successor index to same. Said increase shall become effective beginning with the invoice for work performed after the start of the new Agreement period. Section 4. Public Records. Section 18.1, Public Records, of the Agreement is hereby deleted in its entirety and replaced with the following: 18.1 Public Records. Pursuant to Section 119.0701, Florida Statutes and other applicable public records laws, the 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 the 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 the 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(5_WINTERSPRINGSFL.ORG, 1126 EAST STATE ROAD 434, FLORIDA 32708. 1 The Service Provider is required to and agrees to comply with public records laws. The Service Provider shall keep and maintain all public records required by the City to perform the services as agreed to herein. The 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. The 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, the 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, the 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 the 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. The 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 the 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 the 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 the Service Provider's failure to comply with this Section, the City shall collect from the Service Provider prevailing party attorney's fees and costs, and any damages incurred by the City, for enforcing this Section against the 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." Section 5. Others Terms and Conditions. Any other term or condition 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 on the dates indicated below. SERVICE PROVIDER: CITY: ANNAN LANDSCA CO., LLC CITY OF WINTER SP"S By: By: Sc n, Managing Member K in L. SP' City Nianager Dated: l yr Dated: f Z- 2 ADDENDUM TO AGREEMENT FOR LANDSCAPE MAINTENANCE SERVICES(ANNAN 2017)