HomeMy WebLinkAboutblack's_spray_service_9th_addendum_2016-17 NINTH ADDENDUM TO
PROFESSIONAL SERVICES AGREEMENT
THIS NINTH ADDENDUM TO PROFESSIONAL SERVICES AGREEMENT
("Ninth Addendum") is made and entered this Z U day of , 2016 by and
between the CITY OF CAPE CANAVERAL, a Florida municipal corporation, whose
principal address is 105 Polk Avenue, Cape Canaveral, Florida, 32920 ("City"), and
BLACK'S SPRAY SERVICE, INC., a Florida corporation, whose principal address is
3625 North Courtenay Parkway, Merritt Island, Florida 32953 ("Contractor").
WITNESSETH:
WHEREAS, the City and Contractor previously entered into a Professional
Services Agreement ("Agreement")for fertilization, insect, disease, and weed control of
turf areas and weed control of the Central Ditch; and
WHEREAS, the Agreement, as amended by several addenda, is scheduled to
terminate on September 30, 2016; and
WHEREAS, the parties mutually desire to extend the term of the agreement as
set forth herein, and the City desires to waive the competitive bidding process for the
purpose of extending the term of the agreement; and
WHEREAS, this Ninth Addendum is in the best interests of the health, safety and
welfare of the citizens of the City of Cape Canaveral; and
NOW THEREFORE, in consideration of the mutual promises contained herein,
the City and Contractor hereby agree as follows:
ARTICLE 1 —RECITALS
The foregoing recitals are hereby deemed true and correct and are hereby incorporated
herein by this reference.
ARTICLE 2—EXTENSION OF TERM
The City and Contractor hereby agree to extend the term of the Agreement for one (1)
year, commencing on October 1, 2016 and terminating on September 30, 2017. The
parties shall have the option to extend the term of this Agreement for one (1) additional
year period. Any such extension shall be by mutual written agreement of all parties and
shall be executed no less than ninety (90) days prior to the expiration of this
Agreement's current term.
Ninth Addendum to Professional Services Agreement
City of Cape Canaveral/Black's Spray Service,Inc.
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ARTICLE 3—PUBLIC RECORDS
The Public Records provision. provided as Article 3 of the Sixth Addendum to
Professional Services Agreement, is hereby deleted in its entirety and replaced with the
following language:
Public Records. Pursuant to Section 119.0701, Florida Statutes and other
applicable public records laws, Contractor agrees that any records, documents,
transactions, writings, papers, letters, computerized information and programs,
maps, books, audio or video tapes,films, photographs, data processing software,
writings or other material(s), regardless of the physical form, characteristics, or
means of transmission, of Contractor related, directly or indirectly,to the services
provided to the City under this Agreement and made or received pursuant to law
or ordinance or in connection with the transaction of official business by the City,
may be deemed to be a public record, whether in the possession or control of
City or the Contractor. Said records, documents, transactions, writings, papers,
letters, computerized information and programs, maps, books, audio or video
tapes,films, photographs, data processing software,writings or other material(s),
regardless of the physical form, characteristics, or means of transmission of
Contractor are subject to the provisions of Chapter 119, Florida Statutes, and
may not be destroyed without the specific written approval of the City's
designated custodian of public records.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION
OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY
TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT,
CONTACT THE CITY'S CUSTODIAN OF PUBLIC RECORDS, MIA GOFORTH,
CITY CLERK, AT (321) 868-1220, Ext» 220,
M.GOFORTH90CITYOFCAPECANAVERAL.ORG, 105 POLK AVENUE, CAPE
CANAVERAL, FLORIDA 32920.
Contractor is required to and agrees to comply with public records laws.
Contractor shall keep and maintain all public records required by City to perform
the services as agreed to herein. Contractor shall provide the City, upon request
from the City Clerk, copies of the requested records or allow the records to be
inspected or copied within a reasonable time at a cost that does not exceed the
cost provided by law. Contractor shall ensure that public records that are exempt
or confidential and exempt from public records disclosure requirements are not
disclosed except as authorized by law for the duration of the Agreement term.
Upon completion of the Agreement, Contractor shall transfer to City, at no cost,
all public records in possession of the Contractor, provided the transfer is
requested in writing by the City Cleric. Upon such transfer, Contractor shall
destroy any duplicate public records that are exempt or confidential and exempt
Ninth Addendum to Professional Services Agreement
City of Cape Canaveral/Black's Spray Service,Inc.
Page 2 of 5
from public records disclosure requirements. However. If the City Clerk does not
request that the public records be transferred, the Contractor shall continue to
keep and maintain the public records upon completion of the Agreement and
shall most all applicable requirements for retaining public records. All records
stored electronically must be provided to City, upon request from the City Clerk,
In a format that is compatible with the information technology systems of City.
Should the City not possess public records relating to this Agreement which are
requested to be inspected or copied by the City or any other person. the City
shall immediately notify Contractor of the request and the Contractor shall then
provide such records to the City or allow the records to be Inspected or copied
within a reasonable time. If the Contractor does not comply with a public records
request, the City may enforce this Section to the extent permitted by law.
Contractor acknowledges that if the Contractor does not provide the public
records to the City within a reasonable time, the Contractor may be subject to
penalties under Section 119.10, Florida Statutes. The Contractor acknowledges
that if a civil action is filed against the Contractor filo compel production of public
records relating to this Agreement, the court may assess and award against
Contractor the reasonable costs of enforoement, Including reasonable attorney
fees. All public records in connection with this Agreement shall, at any and all
reasonable times during the normal business hours of the Contractor, be open
and freely exhibited to the City for the purpose of examination, audit, or
otherwise. Failure by Contractor to grant such public access and comply with
public records laws and/or requests shall be grounds #or immediate unilateral
cancellation of this Agreement by the City upon delivery of a written notice of
cancellation. If the Contractor falls to comply with this Section,and the City must
enforce this Section. or the City suffers a third party award of attorney's fees
and/or damages for violating Chapter 119. Florida Statutes, due to Contractor's
failure to comply with this Section,the City shall collect from Contractor prevailing
party attorney's fees and costs. and any damages incurred by the City, for
enforcing this Section against Contractor. And, if applicable, the City shall also
be entitled to reimbursement of aN attorneys' fees and damages which the City
had to pay a third party because of the Contractor's failure to comply with this
Section. The terms and conditions set forth in this Section shall survive the
termination of this Agreement.
ARTICLE 4—PAYMENT OF CONTRACTOR
Article 6 of the Agreement,which addresses payment of contractor, is hereby deleted in
its entirety and replaced with the fbilowing language.
The City shall pay to Contractor $47,604.00 for chemical applications (e.g.,
fertilization, insect control, and weed control) as described in (Exhibit "1,"
Ninth Addendum to Professional Services Agreement
City of Cape Canaveral/Biacles Spray Service,Inc.
Page 3 of S
Chemical Applications Bid Tab Sheet. The Contractor will Invoice the City on a
monthly basis.This is a not4o-exceed price Agreement.
Invoices received from the Contractor pursuant to this Agreement will be
reviewed and approved by the Agreement Administrator, indicating that the
services being Invoiced are In conformity with the Agreement. The Invoices will
be sent to the Finance Department for payment. Payments shall be processed
consistent with the Florida Local Government Prompt Payment Act.
ARTICLE 5—NOTICE
Article 26 of the Agreement, which addresses notice, is hereby amended to replace the
name of a former City Manager, Bennett Boucher, with the name of the current City
Manager, David L. Greene. Article 26 of the Agreement Is further amended to replace
the name of a former Public Works Director, Walter Bandish, with the name of the
current Interim Public Works Director, Joshua Surprenant. The remainder of Article 26
of the Agreement shall remake unchanged.
MMCLE 6—OTHER PROVISIONS
Any other term or provision of the Agreement not expressly modified by this Ninth
Addendum, or the First, Second,Third, Fourth, Fifth,Sixth,Seventh or Eighth Addenda,
shall remain in full force and effect.
(Remainder of page Intentionally lett blank Signature page follows)
Ninth Addendum to Professional Services Agreement
City of Cape Canaveral/Black's Spray Service,Inc.
Page 4 of 5
IN WITNESS WHEREOF, the parties hereto have executed this Ninth
Addendum as of the day and year first above written.
CITY:
City of Cape Canaveral, Florida,
a Florida municipal corporation.
Attest: By: 0 p�4
` David L. Greene, City Manager
By:
Mia Gof6rth, City Clerk'
CONTRACTOR:
Black's Spray Service, Inc.,
a Florida corporation.
WITNESSES:
BV-
Print Name: IP er' Carlos S. Boyer, President
Print Name:
Ninth Addendum to Professional Services Agreement
City of Cape Canaveral/Black's Spray Service, Inc.
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