2012-11 SECOND AMENDMENT TO AGREEMENT BETWEEN
THE CITY OF CLERMONT AND DESIGNLAB,INC.
This Amendment is to that certain agreement of January 31, 2011 and all amendments
thereto, (the Agreement) between the CITY OF CLERMONT, FLORIDA, hereinafter referred to as
"CITY" and DESIGNLAB, INC. hereinafter referred to as "CONTRACTOR" The parties, in
exchange for the mutual covenants contained herein and in the Agreement, agree as follows
1. This Amendment expressly modifies the Agreement and in the event of a conflict,
the terms and conditions of this Amendment shall prevail.
2. The following Price Escalation Provision is made a part of the Agreement.
As set forth in Article V of the Agreement CITY shall have the option to renew this Agreement.
Prior to completion of each exercised Agreement term, the CITY may consider an adjustment to
price based on changes on the U.S Bureau of Statistics, Producer Price Index (PPI) for the most
recent twelve (12) month period (see http: / /www.bls.gov /ppi /ppi dr.htm Current Edition). It is
the contractor's responsibility to request in writing any price adjustment under this provision.
The CONTRACTOR's written request for adjustment should be submitted sixty (60) days pnor
to the anniversary date of the Agreement. The CONTRACTOR adjustment request must clearly
substantiate the requested increase. The written request for adjustment should not be in excess of
the relevant pnce index change. If no adjustment request is received from the CONTRACTOR,
the CITY will assume that the CONTRACTOR has agreed that the optional term may be
exercised without price adjustment. Any adjustment request received after the commencement of
a new option period shall not be considered. The CITY reserves the right to reject any wntten
pnce adjustments submitted by the CONTRACTOR and/or to not exercise any otherwise
available option period based on such price adjustments. Continuation of the Agreement beyond
the initial period, and any option subsequently exercised, is at the CITY's sole option and not a
right of the CONTRACTOR. This option will be exercised only when such continuation is
clearly in the best interest of the CITY.
3 All other terms and conditions set forth in the Agreement shall remain in full force
and effect and unchanged as agreed to by the parties.
IN WITNESS WHEREOF, the parties hereto have made and executed this Addendum for
the purposes herein expressed on the dates set forth below.
OWNER: CONTRACTOR:
CITY OF C - '41Y • DESIGNLAB, INC.
.410511740 (0 " / e By " Repj
`'lr Mayor Dons Miller, CEO
Date. a ' I L - 1 Date: b- /0 z0 /Z
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