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HomeMy WebLinkAboutArista Information Systems, Inc. Third Addendum to Master Service Agreement 2022 02 24 THIRD ADDENDUM TO ARISTA MASTER SERVICES AGREEMENT This Third Addendum to Arista Master Services Agreement CIThird Addendum', dated as of the�day of etrL�(2022, by and between Arista Information Systems,Inc. ("Arista"), a Georgia corporation, Aose address is 100 Ashford Center North, Suite 500, ATLANTA, GA, 30338-4865, and the City of Winter Springs ("City"), a Florida municipal corporation,whose address is 1126 E. State Road 434,Winter Springs,Florida 32708. WHEREAS, the City and Arista previously entered into the Arista Master Services Agreement ("Agreement")on June 15,2015 for the purpose of securing Arista's services relative to bill printing and mailing and related;and WHEREAS, the City and Arista set forth their mutual understanding of the terms and conditions of their agreement set forth therein;and WHEREAS, the Agreement was subsequently amended by that "Amendment Number 1 to the Master Services Agreement" ("First Addendum', pursuant to which the term of the Agreement was extended for one year; and WHEREAS, the Agreement was next amended by that "Second Addendum to Master Services Agreement" ("Second Addendum"), pursuant to which the term of the Agreement was extended for one year;and WHEREAS, City and Arista enter this Third Addendum as the parties mutually desire to extend the term of the Agreement for one(1)additional year, as set forth herein, and to include a provision regarding statutory requirements relating to mandated use of the E-Verify system. NOW THEREFORE, in consideration of the mutual promises herein contained, and for good and valuable consideration, the sufficiency of which is herein acknowledged, the Parties hereto agree as follows: 1.0 Recitals. The foregoing recitals are hereby deemed true and correct and are incorporated herein by this reference as a material part of this Third Addendum. 2.0 Extension of Term of A<areement. The Term of the Agreement is hereby extended for an additional one(1)year,commencing on December 9,2021 and terminating on December 9,2022. The term of the Agreement may be extended for additional one (1) year terms by mutual written agreement of both parties. 3.0 E-VERIFY. Section 13.of the Agreement is hereby created as follows: 13. E-Verify. Page 1 of 3 City of Winter Springs Third Addendum to Arista Master Services Agreement (a) Pursuant to section 448.095, Florida Statutes, beginning January 1, 2021, contractors, which shall include Arista, shall register with and use the U.S. Department of Homeland Security's E-Verify system, tt ://e- verif .uscis.Yov/emh, to verify the work authorization status of all employees hired on and after January 1,2021. (b) Subcontractors (i) Arista 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. (ii) Arista 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. (iii) Arista shall provide a copy of all subcontractor affidavits to the City upon receipt and shall maintain a copy for the duration of the Agreement. (c) Arista must provide evidence of compliance with section 448.095,Florida Statutes. Evidence shall consist of an affidavit from the Arista 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. (d) Failure to comply with this provision is a material breach ofthe Agreement, and shall result in the immediate termination of the Agreement without penalty to the City. Arista 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. 4.0 Other Terms and Conditions. Any other term or condition of the Agreement not expressly modified by this Third Addendum shall remain in full force and effect. (Signatures on folloiving page] Page 2 of 3 City of Winter Springs Third Addendum to Arista Master Services Agreement IN WITNESS WHEREOF, the Parties hereto have executed under seal this Third Addendum to Arista Master Services Agreement by and through their daily authorized representatives. ARIST BY `-- - rinted name: � � e Z Title: C-a47 Date: i - a y -a Q Attest: (/ Title: (Corporate Seal) _ CITY: By: Shawn Boyle, ity Manager Date: Page 3 of 3 City of Winter Springs Third Addendum to Arista Master Services Agreement