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HomeMy WebLinkAboutDawnalee Corporation - First Addendum to Agreement for Landscape Services - 2021 11 10 (Package 3) FIRST ADDENDUM TO AGREEMENT FOR LANDSCAPE MAINTENANCE SERVICES THIS AGREEMENT FOR LANDSCAPE MAINTENANCE SERVICES('Agreement')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 DAWNALEE CORPORATION, a Florida Profit Corporation("Service Provider"),located at 216 Stoner Road,Winter Springs,Florida 32708. WITNESSETH: WHEREAS,the City and the Service Provider previously entered into an Agreement for Landscape Maintenance Services for Package#3 City Parks("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,to revise the Scope of Work to Include additional locations,and forthe implementation of modifications as otherwise provided for herein;and 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 TERM OF AGREE ENS T EXTENSION. In accordance with Section 2.1 of the Agreement, the initial term'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." 3.0 COMP MTTION FOR BASE M�;(NTENANGE SF, CES. 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 Warts as Base Maintenance services,the City agrees to pay Service Provider Eleven_Thousand.Faun Hu red and Twenty-Two and 021100 Dollars ($11,422.02) per month. If this Agreement is extended, the total 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 RCOPE.OF WORK.EXHIBIT"A". Exhibit"A'(Scope of Work)of the Agreement is deleted in its entirety and replaced by the Exhibit'A" (Scope of Work) attached hereto and fully incorporated herein, which includes additional identified areas within Section 1.,Locations for Services. 5.0 E-VE Section 43.0.of the Agreement is hereby created as follows: 43.0 E NERIF'1. 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,h s://e- verifir.uscis,aov/ema,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. 6.0 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 SPRIN WNALEE CORPORATI N C ; i�lr1NA ',ri!f'gV,;§7p S A NAME(Printed and sl ned) City Ma ger DATE: Tide DATE: Page 2of2 First Addendum to Agreement for Landscape Maintenance Services Package#3 City Parks Downalee Landscaping