Contract 2021-001A ATHIRD AMENDMENT TO
STANDARD CONTRACT NO. C 18-32-06-HR
BETWEEN THE CITY OF SUNRISE, FLORIDA
AND REVERE CONTROL SYSTEMS, INC.
This Third Amendment to Contract No. C 18-32-06-HR (hereinafter referred to
as the "Third Amendment') between the City of Sunrise and Revere Control Systems,
Inc. is made by and between the City of Sunrise (City) and Revere Control Systems, Inc.
("Contractor") this � day 2024.
WHEREAS, a Contract was entered into between the parties effective May 1,
2019; and
WHEREAS, a First Amendment to the Contract which added E-Verify Employment
Eligibility, Section 33 which complies with Section 448.095, Florida Statutes, as may be
amended and extended the Contract for an additional one (1) year period ("First Renewal
Period"), was signed on and became effective on November24, 2021; and
WHEREAS, a Second Amendment to the Contract which added Foreign Gifts and
Contracts, Section 34 which complies with Section 286.101, Florida Statutes, as may be
amended and extended the Contract for an additional one (1) year period ("Second
Renewal Period"), was signed on and became effective on March 21, 2023; and
WHEREAS, the parties agree that an amendment to the Contract is necessary to
extend the Contract for an additional one (1) year period ("Third Renewal Period"); and
WHEREAS, the Florida Governor signed House Bill 5C which created changes to
Florida Statutes §287.135 regarding Scrutinized Company which took effect November
13, 2023 and the parties desire to amend the Contract to incorporate the new language;
and
WHEREAS, the Florida Legislature enacted Florida Statutes §287.137 regarding
an Anti -Trust Violator Vendor List in July 2021 and the parties desire to amend the
Contract to incorporate the new language; and
WHEREAS, in August of 2019 Federal Law enacted 48 CFR §§ 52.204-24
through 52.204-26, Prohibited Telecommunication Equipment, and the parties desire to
amend the Contract to incorporate the new language; and
NOW THEREFORE, in consideration of the mutual covenants and obligations
created hereby, as well as other good and valuable considerations, the parties agree as
follows:
Recitals Incorporated. The foregoing recitals are incorporated by
reference and made a part of this Third Amendment.
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2. Amendment to Contract.
Section 3, Initial Contract Period and Contract Renewal, paragraph No. 1 is hereby
amended to add the following sentence after the second sentence of this
paragraph:
"The parties agree to extend the Contract for an additional one (1) year period,
beginning May 1, 2024 and ending April 30, 2025, (Third Renewal Period) under
the same terms conditions and specifications."
3. Amendment to Contract.
a) Section 28 "Scrutinized Companies" is hereby amended to the Contract with
the following language:
28. SCUTINIZED COMPANIES
i. Pursuant to Section 287.135, Florida Statutes, Consultant certifies that it is
not on the Scrutinized Companies that Boycott Israel List created pursuant to
Section 215.4725, Florida Statutes and that it is not engaged in a boycott of
Israel.
ii. Pursuant to Section 287.135, in the event the Agreement is for one million
dollars or more, Consultant certifies that it is not on the Scrutinized
Companies with Activities in Sudan List or the Scrutinized Companies with
Activities in the Iran Terrorism Sectors List created pursuant to Section
215.473, Florida Statutes; and Consultant further certifies that it is not
engaged in business operations in Cuba or Syria.
iii. Pursuant to Section 287.135, Florida Statutes, City may, at the option of the
City Commission, terminate this Agreement if Consultant is found to have
submitted a false certification as provided under subsection 287.135(5),
Florida Statutes; has been placed on the Scrutinized Companies that Boycott
Israel List, or is engaged in a boycott of Israel; has been placed on the
Scrutinized Companies with Activities in Sudan List; has been placed on the
Scrutinized Companies with Activities in the Iran List created pursuant to
Section 215.473, Florida Statutes; or has been engaged in business
operations in Cuba or Syria.
b) Sections 35 "Antitrust Violations" and Section 36 "Prohibited
Telecommunications Equipment' are hereby added to the Contract with the
following language:
35. ANTITRUST VIOLATIONS
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The Contractor has a continuous duty to disclose to the City if it or any of its
affiliates (as defined by Section 287.137(1)(a), Florida Statutes) are placed
on the Antitrust Violator Vendor List. A person or an affiliate who has been
placed on the antitrust violator vendor list following a conviction or being held
civilly liable for an antitrust violation may not submit a bid, proposal, or reply
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for any new contract to provide any goods or services to a public entity; may
not submit a bid, proposal, or reply for a new contract with a public entity for
the construction or repair of a public building or public work; may not submit
a bid, proposal, or reply on new leases of real property to a public entity; may
not be awarded or perform work as a contractor, supplier, subcontractor, or
consultant under a new contract with a public entity; and may not transact
new business with a public entity. By entering this Contract, Contractor
certifies that neither it nor its affiliate(s) are on the antitrust violator
vendor list at the time of entering this Contract. False certification under this
paragraph or being subsequently added to that list will result in termination
of this Contract, at the option of the City consistent with Section 287.137,
Fla. Stat. as amended.
36. PROHIBITED TELECOMMUNICATIONS EQUIPMENT
Contractor represents and certifies that it and all its subcontractors do not
use any equipment, system, or service that uses covered
telecommunications equipment or services as a substantial or essential
component of any system, or as critical technology as part of any system, as
such terms are used in 48 CFR §§ 52.204-24 through 52.204-26. Contractor
represents and certifies that it and all its subcontractors shall not provide or
use such covered telecommunications equipment, system, or services
during the term of this Contract.
4. Conflictinq Terms. In the event the terms of this Third Amendment conflict with
those of the Contract or any prior amendments, the terms of this Third Amendment
shall govern. All other terms of the Contract shall remain and continue in full force
and effect.
5. Captions. The captions of this Third Amendment are for convenience only and
are not to be construed as defining or limiting in any way the scope or intent of the
provisions of this Third Amendment.
6. Effective Date. This Third Amendment shall be effective on the date this Third
Amendment is fully executed.
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IN WITNESS WHEREOF, the City and Contractor have caused this Third
Amendment to the Contract to be executed effective as of the date indicated above.
CITY OF RISE
By:
Print: John T. Curran
Title: Procurement Manager
Date:
REVERE CONTROL SYSTEMS, INC.
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