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HomeMy WebLinkAboutCaligreen Landscaping Agreement for Landscape Maintenance Services First Addendum 2021 11 08 FIRST ADDENDUM TO AGREEMENT FOR LANDSCAPE MAINTENANCE SERVICES THIS FIRST ADDENDUM TO AGREEMENT FOR LANDSCAPE MAINTENANCE SERVICES ("First 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 CALIGREEN LANDSCAPING, a sole proprietorship ("Service Provider"), located at 1094 North Ronald Reagan Blvd.,Longwood, Florida 32750. WITNESSETH: WHEREAS,the City and the Service Provider previously entered into an Agreement for Landscape Maintenance Services for Package #1 City of Winter Springs Municipal Facilities ("RFP 07-19 KM Landscape Maintenance Services")for the City(hereafter the'Agreement")under the terms and conditions stated therein;and WHEREAS, the parties desire and mutually agree to extend the term of the Agreement for an additional one(1)year and increase the compensation to the Service Provider in accordance with Section 2.1 of the Agreement,and for the implementation of modifications as otherwise provided for herein;and NOW,THEREFORE,for good and valuable consideration,the receipt and sufflciency 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 TERM OF AGREEMENT EXTENSION. In accordance with Section 2.1 of the Agreement, the initial tern of the Agreement is hereby extended for one(1)year, commencing on January 1, 2022, and terminating at midnight on December 31, 2022, unless either party chooses to exercise its rights under Section 20,`Termination." &0 COMPENSATION FOR BASE MAINTENANCE SERVICES. The Compensation for Base Maintenance Services is hereby Increased in accordance with Section 2.1 of the Agreement. Section 6.1 of the Agreement is hereby deleted in its entirety and replaced with the following: 6.1 Compensation for Base Maintenance Services. For the Services provided pursuant to the Agreement and identified in the Scope of Worts as Base Maintenance services,the City agrees to pay Service Provider Four Thousand Three.Hundred.and. FortvV Five and 20/100 Dollars ($4,345.20) per month. If this Agreement is extended, the tota.f.annual amount paid to Service Provider shall not exceed the above mentioned number adjusted-by the Consumer Price Index as set forth in paragraph 2.1 of this Agreement. 4.0 E-VERIFY. Section 43.0. of the Agreement is hereby created as follows: 43.0 E-VERIFY. 43.1 Pursuant to section 448.095, Florida Statutes, beginning January 1, 2021, contractors,which shall include Service Provider, shall register with and use the U.S. Department of Homeland Security's E-Verify system,ht s:lle- verif, uscis._.ov/em.:,to verify the work authorization status of all employees hired on and after January 1,2021. 43.2 Subcontractors a. Service Provider 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. b. Service Provider 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. C. Service Provider shall provide a copy of all subcontractor affidavits to the City upon receipt and shall maintain a copy for the duration of the Agreement. 43.3 Service Provider must provide evidence of compliance with section 448.095, Florida Statutes.Evidence shall consist of an affidavit from the Service Provider 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. 43.4 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. Service Provider 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. 5.0 OTHER TERMS AND CONDITIONS: Any other term or condition of the Agreement not expressly modified by this First Addendum shall remain in full force and effect AGREED: CITY: SERVICE PROVIDER: OF WINTER SPRINGrh CALIGREEN LANDSCAPING - SHAWN BOt LE, NAME(Printed and signed) City Manager DATE 1` � _Bciin,2,C Titre DATE: Page 2 of 2 First Addendum to Agreement for Landscape Maintenance Services Package#1-City of Winter Springs Municipal Facilities Callgreen Landscaping