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O4 0NY IS�B FOURTH AMENDMENT TO THE AGREEMENT BETWEEN 1 THE CITY OF SUNNY ISLES BEACH AND TO BRIGHTVIEW LANDSCAPING SERVICES, INC. (formerly Lukes Landscaping, Inc.) F n 'FL00.\ CONTRACT NO. 1012-099 This Fourth Amendment to the Agreement between the CITY OF SUNNY ISLES BEACH ("City") and BR,I�G-H�T.VVIIE—W LANDSCAPING SERVICES, INC., ("Contractor") executed this 004"day of Cj C�� 1 , 2022, is made a part of the original Agreement dated July 18, 2018, Contract No. 1012-09,9 ("the Agreement"), as assigned and amended, attached hereto as Attachment "A", between the City and Contractor, whose Federal Identification # is 95-4194223. The City and Contractor hereby agree as follows: 1. OPTION TO RENEW. The City hereby elects to exercise its final option to renew for one (1) year as set forth in Section 3 of the original Agreement, which is incorporated herein by reference. The effective date of this Fourth Amendment shall commence on October 1, 2022, and shall terminate no later than September 30, 2023. There are no renewal terms remaining as per the original Agreement. 2. ADDITIONAL COMPENSATION. The Contractor agrees to provide the desired Services to the City, for the term commencing on October 1, 2022, and terminating no later than September 30, 2023, at the rates set forth Attachment `B" for 2022-2023, in a total amount not to exceed Seven Hundred Thousand Dollars ($700,000.00). 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 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 287.135. 4. E -VERIFY. Florida Statute 448.095 directs all public employers, including municipal governments, to verify the employment eligibility of all new public employees through the U.S. Department of Homeland Security's E -Verify System, and further provides that a public employer may not enter into a contract unless each party to the contract registers with and uses the E -Verify system. Florida Statute 448.095 further provides that if a Contractor enters into a contract with a subcontractor, the subcontractor must provide the Contractor with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. In accordance with Florida Statute 448.095, Contractor is required to verify employee eligibility using the E -Verify system for all existing and new employees hired by Contractor during the contract term. Further, Contractor must also require and maintain the statutorily required affidavit of its subcontractors. It is the responsibility of Contractor to ensure compliance with E -Verify 383