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SECOND AMENDMENT TO THE AGREEMENT BETWEEN <br />THE CITY OF SUNNY ISLES BEACH AND TO BRIGHTVIEW <br />LANDSCAPING SERVICES, INC. (formerly Lukes Landscavin2, Inc. <br />CONTRACT NO. 1012-099 <br />This Second Amendment to the Agreement between the CITY OF SUNT NY ISLES BEACH <br />("C <br />"" ) and BRIGHTVIEW LANDSCAPING SERVICES, INC., ("Contractor") executed this <br />1� � day of 2020, is made a part of the original Agreement dated July 18, 2018, <br />Contract No. 1012-099 ("the Agreement"), as assigned and amended, attached hereto as Attachment <br />"A", between the City and Contractor, whose Federal Identification # is 95-4194223, The City and <br />Contractor hereby agree as follows: <br />1. OPTION TO RENEW. The City hereby elects to exercise its first option to renew for one <br />(1) year as set forth in Section 3 of the original Agreement, which is incorporated herein by reference. <br />The effective date of this second amendment shall commence on October 1, 2020, and shall terminate <br />no later than September 30, 2021. There will be two (2)additional one-year renewal terms remaining <br />as per the original Agreement. <br />2. ADDITIONAL COMPENSATION. The Contractor agrees to provide the desired Services <br />to the City, for the term commencing on October 1, 2020, and terminating no later than September 30, <br />2021, in a total amount not to exceed Eight Hundred Eighty Thousand Five Hundred Forty -One. Dollars <br />and 19/100 ($8$0,541.19). <br />The aforementioned compensation brings the total contract amount not to exceed Two Million Seven <br />Hundred Thirty -Two Thousand Eight Hundred Twelve Dollars and 29,100 ($2,732,812.29). <br />Payment to Contractor for all charges and tasks under this Agreement shall continue to be in <br />accordance with the Fee Schedule as reflected in Attachment "A", which amounts shall be adjusted for <br />this renewal term by a 3% increase pursuant to Section 2.4 of ITB 18-0303. <br />3. PROHIBITION AGAINST CONTRACTING WITH SCRUTINIZED COMPANIES. <br />Pursuant to Florida Statutes Section 287.135, contracting with any entity that is listed on the <br />Scrutinized Companies that Boycott Israel List or that is engaged in the boycott of Israel is prohibited. <br />Contractors must certify that the company is not participating in a boycott of Israel. Any contract for <br />goods or services of One Million Dollars ($1,000,000) or more shall be terminated at the City's option <br />if it is discovered that the entity submitted false documents of certification, is listed on the Scrutinized <br />Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the trail <br />Petroleum Energy Sector List, or has been engaged in business operations in Cuba or Syria of July <br />t, 2018. <br />Any contract entered into or renewed after July 1, 2018 shall be terminated at the City's option if the <br />company is listed on the Scrutinized Companies that Boycott Israel List or engaged in the boycott of <br />Israel. Contractors must submit the certification that is attached to this agreement as Attachment "B". <br />Submitting a false certification shall be deemed a material breach of contract. The City shall provide <br />notice, in writing, to the Contractor of the City's detennination concerning the false certification, on. The <br />c <br />Contractor shall have ninety (90) days following receipt of the notice to respond in writing and <br />demonstrate that the determination was in error. If the Contractor does not demonstrate that the City's <br />determination of false certification was made in error, then the City shall have the right to terminate. <br />the contract and seek civil remedies pursuant to Florida Statute Section 287.135. <br />4. OTHER PROVISIONS REMAIN IN EFFECT. Except as specifically modified herein, all <br />terms and conditions of the original Agreement between the parties dated July 18, 2018, shall remain <br />in fal I force and effect. <br />