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SUNNY 1SF
<br />~ FIRST AMENDMENT TO THE AGREEMENT AND CONSENT TO
<br />ASSIGNMENT BETWEEN THE CITY OF SUNNY ISLES BEACH
<br />D''' FL°" `P* AND PHILLIPS HEAVY, INC., f/k/a PHILLIPS
<br />AND JORDAN, INCORPORATED
<br />CONTRACT NO.2023-8438
<br />THIS FIRST AMENDMENT TO THE AGREEMENT between the CITY OF SUNNY
<br />ISLES BEACH (hereinafter "City") and PHILLIPS HEAVY, INC., f/k/a PHILLIPS AND
<br />JORDAN, INCORPORATED, and whose Federal Employer Identification (FEI) No. is 56-
<br />0694573 (hereinafter "Contractor"), executed this I L*h, day of May 2026, is made a part of the
<br />original Agreement between the City and the Contractor, dated June 23, 2023, attached hereto as
<br />Exhibit "1" and incorporated herein by reference. The City and Contractor hereby agree as follows:
<br />1. CONSENT TO ASSIGNMENT. City herein consents to the assignment of the Agreement
<br />from PHILLIPS AND JORDAN, INCORPORATED to PHILLIPS HEAVY, INC. Henceforth,
<br />the proper parry to the Agreement shall be PHILLIPS HEAVY, INC., a foreign corporation, whose
<br />Federal Employer Identification (FEI) Number is 56-0694573.
<br />2. OPTION TO RENEW. Effective June 24, 2026, the City hereby elects to exercise its
<br />option to renew the Agreement for an additional two (2) year period, as set forth in Section 4 of
<br />the Agreement, up through and including June 23, 2028. There are no remaining renewal options.
<br />3. COMPLIANCE WITH OTHER FEDERAL STANDARDS. City and Contractor wish
<br />to supplement and amend Section 21 of the Agreement, entitled "Compliance with Other Federal
<br />Standards," with Exhibit "2," which is incorporated herein and made a part hereof.
<br />4. OTHER PROVISIONS REMAIN IN EFFECT. Except as specifically modified herein,
<br />all terms and conditions of the original Agreement shall remain in full force and effect.
<br />5. CONFLICTING PROVISIONS. The terms, statements, requirements, or provisions
<br />contained in this First Amendment shall prevail and be given superior effect and priority over any
<br />conflicting or inconsistent terms, statements, requirements or provisions contained in any other
<br />document or attachment,, -including but not limited to Exhibits "1" and "2."
<br />6. SCRUTINIZED COMPANIES. Pursuant to Florida Statutes Section 287.135, and
<br />subject to limited exceptions contained therein, a company is ineligible to, and may not, bid on,
<br />submit a proposal for, or enter into or renew a contract with an agency or local governmental entity
<br />for goods or services if at the time of bidding, submitting a proposal for, or entering into or
<br />renewing a contract, the company is on the Scrutinized Companies that Boycott Israel List or is
<br />engaged in the boycott of Israel. Contractors must certify that the company is not participating in
<br />a boycott of Israel. Any contract for goods or services of One Million Dollars ($1,000,000) or more
<br />shall be terminated at the City's option if it is discovered that the company submitted a false
<br />certification, or at the time of bidding, submitting a proposal for, or entering into or renewing a
<br />contract, is listed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized
<br />Companies with Activities in the Iran Terrorism Sectors List, created pursuant to Florida Statute
<br />Section 215.473, or is or has been engaged in business operations in Cuba or Syria, after July 1,
<br />2018.
<br />Any contract entered into or renewed after July 1, 2018 shall be terminated at the City's option if
<br />the company is listed on the Scrutinized Companies that Boycott Israel List or engaged in the
<br />PHILLIPS HEAVY, INC. — FIRST AMENDMENT Page I of 7
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