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HomeMy WebLinkAboutDawnalee Corporation - Landscape Maintenance Services Agreement - Second Addendum Package #2 2022 12 20 SECOND ADDENDUM TO CITY OF WINTER SPRINGS LANDSCAPE MAINTENANCE SERVICES AGREEMENT THIS SECOND ADDENDUM to the AGREEMENT FOR LANDSCAPE, MAINTENANCE SERVICES ("Second Addendum") is made and entered into by and between the CITY OF WINTER SPRINGS, a Florida municipal corporation("City") located at 1 126 East State Road 434, Winter Springs, Florida 32708,and DAWNALEE CORPORATION a Florida For-Profit Corporation("Service Provider") located at 216 Stoner Road, Winter Springs, Florida 32708. WITNESSE'TH: WHEREAS, the City and the Service Provider previously entered into an Agreement for- Landscape Maintenance Services for Package 112 S.K. 434, City of Winter Springs Medians,Right of Ways(ROWS), and Ponds ("REP 07-19 KM Landscape Maintenance Services") for the City(hereafter the"Agreement") under the terms and conditions stated therein; and WHEREAS, the City and Service Provider entered into a First Addendum to the City of Wintcr Springs Landscape Maintenance Services Agreement which included a provision regarding statutory requirements related to mandated use of the F.-Verily system; and WHEREAS,the City and Service Provider entered into a First Addendum to the City of Winter Springs Landscape Maintenance Services Agreement for one(1) year, the term of which ends December 31, 2022; and WHEREAS, the parties desire and nurtually agree to extend the term of the Agreement For an additional one(1) year term and to increase the compensation to the Service Provider in accordance with Section 2.1 of the Agreement,and to implement modifications as otherwise provide 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 tale Agreement,the Agreement is hereby extended for one (1)year, with the term commencing on January 1, 2023, and terminating at midnight on December 31, 2023, unless either party chooses to exercise its rights under Section 20 of the Agreement,"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 i\9aintenance Services. For the Services provided pursuant to the Agreement identified in the Scope of`Work as Base Maintenance Services, the City agrees to pay the Service Provider Thirteen Thousand Four Hundred and 35/100 Dollars($13,400.35) per month. If this Agreement is extended, the total annual amount paid to the Service Page: t of 2 Second Addendum to Agreement for Landscape Maintenance Services Package#2 S.R.434,City of Winter Springs Medians,Rights of Ways,and Ponds Dawnalee Corporation Provider shall not exceed the above mentioned number adjusted by the Consumer Price Index as set forth in paragraph 2.1 of the Agreement. 4.0 OTHER TERMS AND CONDITIONS. Any other term or condition of the Agreement and First Addendum not expressly modified by this Second Addendum shall remain in full force and effect. AGREED: CITY OF WINTER SPRINGS DAWNALEE CORPORATION, a Florida Corporation SRawn Boyle, Print Name: City Manager Title: j�/P��' t�✓ Date: 1.� �"J�y Date: Page 2 of 2 Second Addendum to Agreement for Landscape Maintenance Services Package#2 S.R.434,City of Winter Springs Medians,Rights of Ways,and Ponds Dawnalee Corporation