HomeMy WebLinkAboutBrightview Landscape Services, Inc - First Addendum of the TLBD and OWB Agreement for Landscape Maintenance Services - 2021 11 10 i
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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 BRIGHTVIEW LANDSCAPE
SERVICES, INC., a Florida Profit Corporation ("Service Provider"), located at 1174 Central Florida
Parkway,Longwood, FL 32750,
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WITNESSETH:
WHEREAS,the City and the Service Provider previously entered Into an Agreement for Landscape
Maintenance Services for Package#5—Tuskawilla Rd,Tuskawiila Lighting and Beautification District,and
the Oak Forest Assessment District rRFP 07-19 KM Landscape Maintenance Services") for the City t
(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 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 AGREEMENT EXTENSION. In accordance with Section 2.1 of the Agreement, the I
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 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 Work as Base Maintenance services,the
City agrees to pay Service Provider Ten Thousand Three Hundred and-Elf Three and noll0t]
Dollars ($10,353.00)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 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,httns:lle-
verifv.uscis.c1ov1em13,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.
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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, i
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 shal[ 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:
CITY OF WINTER SPRINT-��t(
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Page 2 of 2 r
First Addendum to Agreement for Landscape Maintenance Services
Package#5—Tuskawilla Rd,Tuskawilla Lighting and Beautification District, I
and the Oak Forest Assessment District 1
BrightView Landscape Services, Inc.
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