Reso 2020-3087 - Laserfiche WebLink

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NNr t FIFTH AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH AND O'LEARY RICHARDS DESIGN ASSOCIATES, INC. CONTRACT NO. 2902-016 This Fifth Amendment to the Agreement between the CITY OF SUNNY ISLES BEACH ("City') and O'LSARn RICHARDS DESIGN ASSOCIATES, INC. ("Consultant") executed this day of 3L 2020, is made a pari of the original Agreement ("Agreement") dated February 6, 2017, betwe n the City and Consultant, a copy of which attached hereto as Attachment "A", as amended, whose Federal Identification # is 03-0493187. The City and Consultant hereby agree as follows: I. ADDITIONAL SERVICES: The parties hereby wish to amend Section 2 of the original Agreement ("Services") to provide that Contractor shall also provide those services more fully described in Contractor's proposal attached hereto as Attachment "B" and incorporated herein by reference ("Additional Services"). 2. ADDITIONAL COi4IPENSATION. The City wishes to amend Section 5 of the Agreement ("Compensation") to provide additional compensation for the Additional Services in an amount not to exceed Ninety -Nine Thousand Seven Hundred and Seventy -Six Dollars ($99,776.00). This amount will bring the total contract amount not to exceed Four Hundred Ninety -Seven Thousand Six Hundred Nineteen Dollars and 72/100 ($497,619.72). 3. PROHIBITION AGAINST CONTRACTING WITH SCRUTINIZED COMPANIES. Pursuant to Florida Statutes Section 287.135, 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. Contractors 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 atter 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 certifeation 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 287.135. 4. OTHER PROVISIONS REMAIN IN EFFECT. Except as specifically modified herein, all terms.and-conditions_of_the ac inalAgreement between the )arries, dated February , 2017, and attached hereto as Attachment "A", shall remain in full force and effect. S. CONFLICTING PROVISIONS. The terms, statements, requirements, or provisions contained in this Fourth Amendment shall prevail and be given superior effect and priority over any conflicting or inconsistent terns, statements, requirements or provisions contained in any other document or attachment, including but not limited to Attachments "A," "B" and "C." IN WITNESS WHEREOF, the parties hereto have executed this document as of the date mentioned above. [SIGNATURE PAGE TO FOLLOW]