HomeMy WebLinkAboutblack's_spray_service_6th_addendum_2013-14 SIXTH ADDENDUM TO
PROFESSIONAL SERVICES AGREEMENT
THIS SIXTH ADDENDUM TO PROFESSIONAL SERVICES AGREEMENT
("Sixth Addendum") is made and entered this 2nd day of September, 2013 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
1 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, 2013; and
WHEREAS, Article 3 of the Agreement provides that the parties may agree to
extend the term of the Agreement for an additional one-year period; and
WHEREAS, the City and Contractor mutually desire to extend the term of the
agreement, as set forth herein; and
WHEREAS, this Sixth Addendum is in the best interests of the health, safety and
welfare of the citizens of the City of Cape Canaveral; and
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NOW THEREFORE, in consideration of the mutual promises contained herein,
the City and Contractor hereby agree as follows:
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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)
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year, commencing on October 1, 2013 and terminating on September 30, 2014.
ARTICLE 3— PUBLIC RECORDS
In accordance with section 119.0701, Florida Statutes, Contractor agrees that all
documents, transactions, writings, papers, letters, tapes, photographs, sound
Sixth Addendum to Professional Services Agreement ,
City of Cape Canaveral/Black's Spray Service, Inc.
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recordings, data processing software, or other material, regardless of the physical form,
characteristics, or means of transmission, made or received pursuant to this Agreement
or in connection with any funds provided by the City pursuant to this Agreement may be
considered public records pursuant to Chapter 119, Florida Statutes. Contractor agrees
to keep and maintain any and all public records that ordinarily and necessarily would be
required by the City in order to perform the services required by this Agreement.
Contractor also agrees to provide the public with access to public records on the same
terms and conditions that the City would provide the records and at a cost that does not
exceed the cost provided by Chapter 119, Florida Statutes or as otherwise provided by
law. Contractor shall also ensure that public records that are exempt or confidential and
exempt from public records disclosure requirements are not disclosed except as
authorized by law. In addition, Contractor shall meet all requirements for retaining
public records and transfer, at no cost, to the City all public records in possession of the
1 Contractor upon termination of this Agreement and destroy any duplicate public records
that are exempt or confidential and exempt from public records disclosure requirements.
All records stored electronically must be provided to the City in a format that is
compatible with the information technology systems of the City. If Contractor does not
comply with a public records request, the City shall have the right to enforce the
provisions of this Paragraph. In the event that Contractor fails to comply with the
provisions of this Paragraph, and the City is required to enforce the provisions of this
Paragraph, or the City suffers a third party award of attorney's fees and/or damages for
violating the provisions of Chapter 119, Florida Statutes due to Contractor's failure to
comply with the provisions of this Paragraph, the City shall be entitled to collect from
Contractor prevailing party attorney's fees and costs, and any damages incurred by the
City, for enforcing this Paragraph against Contractor. And, if applicable, the City shall
also be entitled to reimbursement of any and all attorney's fees and damages which the
City was required to pay a third party because of Contractor's failure to comply with the
provisions of this Paragraph. This Paragraph shall survive the termination of this
1 Agreement.
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} ARTICLE 4—OTHER PROVISIONS
Any other term or provision of the Agreement not expressly modified by this Sixth
Addendum, or the First, Second, Third, Fourth, or Fifth Addenda, shall remain in full
force and effect.
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IN WITNESS WHEREOF, the parties hereto have executed this Sixth Addendum
as of the day and year first above written.
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Sixth Addendum to Professional Services Agreement
City of Cape Canaveral/Black's Spray Service, Inc.
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`. `- t d = 'r City of Cape Canaveral, Florida,
' a Florida municipal corporation.
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1 Attests, By: 9a.j 'Y. /-t .„"c,,,
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',,& `_ David L. Greene, City Manager
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An ela Apper , City Clerk
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CONTRACTOR:
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Black's Spray Service, Inc.,
a Florida corporation.
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WITNESSES:
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Sixth Addendum to Professional Services Agreement
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