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Home My WebLink AboutJolu Enterprises, LLC Addendum to Janitorial Services Contract 2017 09 27 ADDENDUM TO CITY OF WINTER SPRINGS JANITORIAL SERVICES CONTRACT THIS ADDENDUM TO JANITORIAL SERVICES CONTRACT ("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 Jolu Enterprises LLC d/b/a All Pro Commercial Cleaning ("Contractor"), a Florida corporation, located at 9601 Silver Buttonwood Street, Orlando,Florida 32832. 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, Torasco Park, the Cross Seminole Trailhead,the Civic Center,the Senior Center, and the Therapy Pool, all of which are located within the City; and WHEREAS,the City and Contractor set forth their mutual understanding of the terms and conditions of their agreement set forth therein; and WHEREAS, section 2. b. of the Contract provided that the term (period of performance) of the Contract may be extended for additional one (1) year terms by mutual agreement of both parties; and WHEREAS, City and Contractor mutually desire to extend the term of the Contract 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 PERIOD OF PERFORMANCE. The City and Contractor desire to exercise their option, pursuant to Section 2. b. of the Contract, to extend the Period of Performance for a one (1)-year period as set forth in the Contract. The one-year extension period shall commence on October 1, 2017 and terminate on September 30, 2018. 3.0 TERMINATION — GENERAL. Section 15. p. of the Contract is hereby deleted in its entirety and replaced with the following: "p. TERMINATION - GENERAL: This contract may be terminated without cause by either the City or the Contractor upon thirty(30)days written notice." 4.0 PUBLIC RECORDS. Section 15. s., Public Records, of the Contract is hereby deleted in its entirety and replaced with the following: Addendum to Contract for Janitorial Services City of Winter Springs/Jolu Enterprises LLC Page 1 of 3 S. Public Records. Pursuant to Section 119.0701, Florida Statutes and other applicable public records laws, the Contractor 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 Contractor related, directly or indirectly, to the services provided to the City under this Contract 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 Contractor. 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 Contractor 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 CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, THE CITY CLERK, AT (407) 327-5955, CITYCLERKDEPARTMENT�ct:WINTERSPRINGSFL.ORG, 1126 EAST STATE ROAD 4341 FLORIDA 32708. The Contractor is required to and agrees to comply with public records laws. The Contractor shall keep and maintain all public records required by the City to perform the services as agreed to herein. The Contractor 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 Contractor 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 Contract term. Upon completion of the Contract, the Contractor shall transfer to the City, at no cost, all public records in possession of the Contractor, provided the transfer is requested in writing by the City Clerk. Upon such transfer, the Contractor 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 Contractor shall continue to keep and maintain the public records upon completion of the Contract 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 Contract which are requested to be inspected or copied by the City or any other person, the City shall immediately notify the Contractor of the request and the Contractor shall then provide such records to the City or allow the records to be inspected or copied within a reasonable time. If the Contractor does not comply with Addendum to Contract for Janitorial Services City of Winter Springs/Jolu Enterprises LLC Page 2 of 3 a a public records request, the City may enforce this Section to the extent permitted by law. The Contractor acknowledges that if the Contractor does not provide the public records to the City within a reasonable time,the Contractor may be subject to penalties under Section 119.10, Florida Statutes. The Contractor acknowledges that if a civil action is filed against the Contractor to compel production of public records relating to this Contract, the court may assess and award against the Contractor the reasonable costs of enforcement, including reasonable attorney fees. All public records in connection with this Contract shall, at any and all reasonable times during the normal business hours of the Contractor, be open and freely exhibited to the City for the purpose of examination, audit, or otherwise. Failure by the Contractor to grant such public access and comply with public records laws and/or requests shall be grounds for immediate unilateral cancellation of this Contract by the City upon delivery of a written notice of cancellation. If the Contractor 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 Contractor's failure to comply with this Section,the City shall collect from the Contractor prevailing party attorney's fees and costs, and any damages incurred by the City, for enforcing this Section against the Contractor. 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 Contractor's failure to comply with this Section. The terms and conditions set forth in this Section shall survive the termination of this Contract." 5.0 OTHERS TERMS AND CONDITIONS. Any other term or condition of the Contract 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. THE CITY OF W114TER SPITV GS: JOLU ENTERPRISES LLC DM/A ALL PRO COMMERCIAL CLEANING - � _ vier, Marla a fp d Key,i L. Smith Manager Olga Cla �. - - . . � __g g � gr .__. .. ....�. — F DATE: DATE+�� , .....__ C.. Addendum to Contract for Janitorial Services City of Winter Springs/Jolu Enterprises LLC Page 3 of 3