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t„Mr r <br />o . <br />"•. rTM* ; SECOND AMENDMENT TO THE AGREEMENT BETWEEN <br />THE CITY OF SUNNY ISLES BEACH AND ACADEMY BUS, LLC <br />• •fir ur ,Y+�� <br />CONTRACT NO. 2021-6189 , <br />This Second Amendment to the Agreement is made and entered into this llLKay of May, <br />2023, by and between the CITY OF SUNNY ISLES BEACH ("City") and ACADEMY BUS, LLC, a <br />for-profit corporation authorized to do business in Florida ("Contractor"), whose Federal Identification <br />No. is 26-2277038, <br />WHEREAS, City and Contractor entered into an Agreement, dated May 25, 2021,. attached <br />hereto as Attachment "A;" and <br />WHEREAS, City and Contractor entered into a First Amendment, dated March 23, 2022, <br />attached hereto as Attachment `B;" and <br />WHEREAS, City and Contractor desire to enter into this Second Amendment for purposes of <br />modifying certain terms and conditions of the Agreement; <br />NOW THEREFORE, in consideration of the foregoing and for the mutual covenants, <br />representations, and warranties, and other good and valuable consideration, the receipt and sufficiency <br />of which is hereby acknowledged, the Agreement is amended to provide as follows: <br />1. RECITALS. The Recitals set forth above are hereby incorporated into this Second Amendment <br />and made a part hereof for reference. <br />2. OPTION TO RENEW. Effective May 25, 2023, the City hereby elects to exercise its first <br />option to renew for one (1) year as set forth in Section 3 of the original Agreement. There are two <br />remaining renewal options. <br />3. AMENDMENT. <br />A. Section 4 of the original Agreement, entitled COMPENSATION, is amended, in part, as <br />follows: <br />Contractor agrees to provide the Services, as depicted in Attachment "C" at the rate of One <br />Hundred Dollars and No Cents ($100.00) per hour, with a four-hour minimum, for a total <br />amount not to exceed Fifty Thousand Dollars and No Cents ($50,000.00) for the first renewal <br />year. <br />B. Section 4(g), entitled Equitable Adjustment, as amended by the First Amendment, is further <br />amended, in part as follows: <br />(g) Equitable Adjustment. As a result of extreme or unforeseen volatility in fuel prices, the <br />City may, in its sole discretion, permit an equitable adjustment in the compensation paid to <br />the Contractor upon the Contractor's request, provided the following criteria are satisfied: <br />the volatility is due to causes wholly beyond the Contractor's control, and <br />not due to any acts or omission of Contractor; <br />Academy Bus - Second Amendment <br />