Reso 2019-2946 - Laserfiche WebLink

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f' FIRST AMENDMENT TO THE AGREEMENT BETWEEN = THE CITY OF SUNNY ISLES BEACH AND TD BANK N.A. FOR �..o,sot.. BANKING SERVICES CONTRACT NO. 2019-1314 This First Amendment to the Agreement between the CITY OF SUNNY ISLES BEACH ("City")and TD BANK,N.A.("Contractor")executed this day of ,2019, is made a part of the original Agreement ("Agreement") dated July 14, 2014, Contract No. 1314-068 (the "Agreement"), attached hereto as Exhibit"A" and incorporated herein by reference, between the City, whose Federal Identification # is 01-0137770. The City and Contractor hereby agree as follows: 1. OPTION TO RENEW. The City hereby wishes to exercise its option to renew the Agreement for an additional five(5)year term in accordance with Section 3 of the original Agreement. This First Amendment shall become effective upon being signed by both Parties. t 2. EFFECTIVE DATE OF RENEWAL TERM. The Effective Date of this First Amendment shall commence July 15, 2019 and shall terminate no later than July 14, 2024. 3. COMPENSATION. Effective July 15, 2019, the Parties wish to amend Section 5 of the P (Agreementnal Original ("Compensation") to include a five percent (5%) increase over the pricing established in the original Pricing Pro Forma form 2014. The increase is in the form of Service Fees, and an updated Pricing Pro Forma is attached hereto as Attachment"B"and incorporated herein. 4. PROHIBITION AGAINST CONTRACTING WITH SCRUTINIZED COMPANIES. Pursuant to Florida Statutes Section 215.4725, contracting with any entity that is listed on the Scrutinized Companies that Boycott Israel List or that is engaged in the boycott of Israel is prohibited. Contractor must certify that the company is not participating in a boycott of Israel. Any contract for goods or services of One Million Dollars($1,000,000)or more shall be terminated at the City's option if it is discovered that the entity submitted false documents of certification, is listed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has been engaged in business operations in Cuba or Syria after July 1, 2018. Any contract entered into or renewed after July 1, 2018 shall be terminated at the City's option if the company is listed on the Scrutinized Companies that Boycott Israel List or engaged in the boycott of Israel. Contractors must submit the certification that is attached to this agreement as Attachment"C". Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to the Contractor of the City's determination concerning the false certification. The Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination was in error. If the Contractor does not demonstrate that the City's determination of false certification was made in error, then the City shall have the right to terminate the contract and seek civil remedies pursuant to Florida Statute Section 215.4725. specifically modified all 5. OTHER PROVISIONS REMAIN IN EFFECT. Except. as sp yherein, terms and conditions of the original Agreement between the parties, dated July 14, 2014, shall remain in full force and effect. 6. CONFLICTING PROVISIONS. The terms, statements, requirements, or provisions contained in this Second Amendment shall prevail and be given superior effect and priority over any conflicting or inconsistent terms, statements, requirements or provisions contained in any other document or attachment, including but not limited to Attachments"A", "B", and"C". C 2019-1314 -TD Bank,N.A.—Amendment 1 Page 1 of 6