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HomeMy WebLinkAboutCB Streetsweeping Amendment 8 2013 I 1 AMENDMENT 8 4 1 to CITIES OF COCOA BEACH &CAPE CANAVERAL STREETSWEEPING CONTRACT Dated August 15, 2013 This Amendment 8 to Street Sweeping Services Contract executed on October 17, 2002 is made and entered by and between the City of Cocoa Beach and the City of Cape Canaveral, known as the"Cities,"and USA Services of Florida, Inc. known as the "Contractor." Witnesseth: WHEREAS,the parties hereto entered into a Street Sweeping Contract on October 17, 2002 ("Contract"), which provided for annual extensions to the term of the Contract; and 1 WHEREAS,the parties wish to amend the Contract as set forth herein. NOW THEREFORE, in exchange for valuable consideration, the sufficiency of which is acceptable to all parties hereto,the parties agree as follows: ARTICLE 1-TERM OF CONTRACT The Contractor shall commence services under this Contract on October 1, 2013 and this Contract shall continue for a period of one (1) year through September 3o, 2014, unless either party chooses to exercise its rights under Article 27—Termination, of the Contract. This Contract is renewable in one (1) year increments thereafter if extended by mutual agreement of all parties. ARTICLE 2—FEE SCHEDULE The fee scheduled set forth in Exhibit B to the Contract shall be modified to reflect the price per curb mile to be $28.95. Cape-mamtpwshared.Shared.Stormwater Program StreetSweeping\Streetsweeping Contract 2013 Amendment 8.doc I i 1 ARTICLE z—PUBLIC RECORDS I In accordance with section 119.0701, Florida Statutes, Contractor agrees that all documents, transactions,writings,papers, letters,tapes,photographs,sound 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 Cities 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 Cities 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 Cities 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 Cities all public records in possession of the 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 Cities in a format that is compatible with the information i technology systems of the Cities. If Contractor does not comply with a public records request, the Cities 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 Cities are required to enforce the provisions of this Paragraph, or the Cities suffer a third party award of attorney's 1 fees and/or damages for violating the provisions of Chapter 119, Florida Statutes due to l Contractor's failure to comply with the provisions of this Paragraph,the Cities shall be entitled to collect from Contractor prevailing party attorney's fees and costs,and any damages incurred 1 by the Cities,for enforcing this Paragraph against Contractor. And,if applicable,the Cities shall also be entitled to reimbursement of any and all attorney's fees and damages which the Cities were 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 Agreement. IN WITNESS WHEREOF,the parties have executed this Contract as of the day and year j first above written. 1 i J i CITY OF COCOA BEACH, FLORIDA a Florida Municipal Corporation Attest: City Seal) y y' - - . Loredaha_K~alaghchy,C„ Bob'i Mai a, If y -n:ger 1 City Clerk Date: N© M'2er l a,a-o l-5 Date: 1, 1 1 i i .Cape-main\pw8hared'Shared\Stormwater Program\StreetSweeping\Streetsweeping Contract 2013 Amendment 8.doc 1 7 1 1 i 1 i 3 , 1 . CITY OF CAPE CANAVERAL, FLORIDA a Florida Municipal Corporation Attest: .: (City Seal) --. By: �� By: ` F E: 6C P L 0'A+14 S2<1■— 4 Angela Apperson,mvlC Rocky Randels, Mayor City Clerk Date: 10/17/2013 Date: 10/17/2013 1 USA SERVICES OF FLORIDA, INC., Witnesses: a Florida Corporation F Ca/z-072 —e Da—or By: - Eric A. Seidelman, President Print Name: CCiir-'e L.9 /MI'7/I Date: /1"- ,;. oZ -/3 i Date: (CORPORATE SEAL) i APP' • ED AS T F•RM AND GAL SUFFICIENCY =Y• By :�g�`, [� i II By: I kip Fow er, C y Attorney Anthony Garganese City Attorney of Cocoa Beach City Attorney of Cape Canaveral Z(..-'l ate: T--/5 Date: (O ' a J13 1 :2 1 I 4 y i 1 J i 1 i i 1 i 4 Cape-main pwshared Shared,Stormy.ater Program StreetSweeping\Stree tsweepmg Contract 2013 Amendment 8.doc r S