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Reso 2021-3159
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Reso 2021-3159
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Last modified
3/24/2021 3:28:11 PM
Creation date
2/19/2021 1:03:38 PM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2021-3159
Date (mm/dd/yyyy)
01/21/2021
Description
6th Amend with O'Leary Richards Design Assoc., Inc. for 4th and final renewal term.
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SUNNY 1SFJ <br />. 8F <br />SIXTH AMENDMENT TO THE AGREEMENT BETWEEN <br />THE CITY OF SUNNY ISLES BEACH AND O'LEARY RICHARDS <br />DESIGN ASSOCIATES, INC. <br />C,TY 'NO yE <br />UG 5Uµ <br />CONTRACT NO. 2902-016 <br />This Sixth Amendment to the Agreement between the CITY OF SUNNY ISLES BEACH <br />( ) and O'LEARY RICHARDS DESIGN ASSOCIATES, INC. ("Consultant") executed this <br />day of ��1� , 2021, is made a part of the original Agreement ("Agreement") dated <br />February 6, 2017, between the City and Consultant, a copy of which attached hereto as Attachment "A", <br />as amended, whose Federal Identification # is 03-0493187. The City and Consultant hereby agree as <br />follows: <br />1. OPTION TO RENEW. The City hereby wishes to exercise its fourth option to renew the <br />Agreement for one (1) year in accordance with Section 3 of the original Agreement, incorporated herein <br />by reference. There will be no remaining renewal terms. <br />2. ADDITIONAL COMPENSATION. The City wishes to amend Section 5 of the Agreement <br />("Compensation"); to provide additional compensation for this one (1) year renewal term in an amount <br />not to exceed Seventy -Seven Thousand Dollars ($77,000.00). This additional compensation shall be <br />invoiced in accordance with the hourly rate schedule attached hereto as Attachment "B." This amount will <br />bring the total contract amount not to exceed Five Hundred Seventy -Four Thousand Six Hundred <br />Nineteen Dollars and Seventy -Two Cents ($574,619.72). <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 Scrutinized <br />Companies that Boycott Israel List or that is engaged in the boycott of Israel is prohibited. Contractors <br />must certify that the company is not participating in a boycott of Israel. Any contract for goods or services <br />of One Million Dollars ($1,000,000) or more shall be terminated at the City's option if it is discovered <br />that the entity submitted false documents of certification, is listed on the Scrutinized Companies with <br />Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector <br />List, or has been engaged in business operations in Cuba or Syria after July 1, 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 "C". <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 determination concerning the false certification. The <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 the <br />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 February 6, 2017, and attached <br />hereto as Attachment "A", shall remain in full force and effect. <br />5. CONFLICTING PROVISIONS. The terms, statements, requirements, or provisions contained <br />in this Sixth Amendment shall prevail and be given superior effect and priority over any conflicting or <br />inconsistent terms, statements, requirements or provisions contained in any other document or attachment, <br />including but not limited to Attachments "A," "B" and "C." <br />IN WITNESS WHEREOF, the parties hereto have executed this document as of the date <br />mentioned above. <br />[SIGNATURE PAGE TO FOLLOW] <br />
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