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IT Services Contract - ICS Computers Addendum (2021-05-18)C• . ADDENDUM TO AGREEMENT FOR INFORMATION TECHNOLOGY SERVICES BETWEEN THE CITY OF OKEECHOBEE AND ICS COMPUTERS, INC. THIS ADDENDUM, hereinafter referred to as "Addendum", made and entered into this � day of , 2021, by and between ICS Computers, Inc., 403 S. Parrott Avenue, Okeecho e, FL 34974, hereinafter referred to as "ICS", and the City of Okeechobee, Florida, a municipal corporation, 55 SE 3�d Avenue, Okeechobee, FL 34974, hereinafter referred to as "City", for and in consideration of the following terms and conditions and covenants. WHEREAS, the City desires to extend an existing Agreement for Information Technology Services (the "Agreement") with ICS, a copy of which is incorporated herein by reference as Exhibit A; and WHEREAS, the City Agreement with ICS has been in effect since May 13, 2019, and the term of the Agreement was for an initial period of one (1) year with the option of two (2) additional one-year renewal periods, upon the mutual agreement of the parties; and WHEREAS, the City has received timely and qualified services from ICS and wishes to continue those services; and WHEREAS, term of the Agreement was extended in conformance with the option of two additional one- year renewal periods, and no further renewals are contemplated in the Agreement. NOW, THEREFORE, in consideration of the promises and mutual covenants contained herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged, the parties agree as follows: RECITALS. The above recitals are true and correct and are incorporated into this addendum to the Agreement by reference. 2. TERMS AND CONDITIONS. This Addendum to Agreement for information technology services between the City and ICS, except as otherwise stated or modified herein, shall be subject to the same terms and conditions of the Agreement attached as Exhibit A. 3. TERM. The effective date of this Addendum to execution of this Agreement by both City and ICS for an initial period of one (1) year period. the Agreement shall be the date of . The term of this agreement shall be 4. EXTENSIONS. This Addendum to the Agreement may be extended with the option of three (3) additional one-year renewal periods which may be exercised, in writing, by the City Administrator. 5. TERMINATION. Notwithstanding anything in the Agreement, this Addendum to the Agreement may be terminated, in whole or in part, in writing, by the City for its convenience, in its sole and absolute discretion, upon 30 days written notice to ICS. Page 1 of 3 ; . � 6. SCOPE OF SERVICES. ICS shall provide information technology services to the City through help desk tickets, monitoring network operations, assist with troubleshooting network/systems issues, and generally provide all needed assistance that would keep the City's IT services functioning; as well as completion of on- going projects. The scope of work shall include routine maintenance City departments, help desk support, maintenance of City systems, computers, and software, new hardware configuration, and any related technology support services. 7. COMPENSATION AND METHOD OF PAYMENT. City will compensate ICS $24,960.00 annually, payable monthly ($2,080.00) for scope of work outlined in herein and in the Agreement. Specific large projects requiring additional resources other than the average 6 hours per week will be agreed upon and a Work Order shall be submitted by ICS and authorized by the City Finance Director. The rate schedule referenced in the Agreement may be updated annually prior to each optional renewal period. Invoicing and payment shall be as provided for in the Agreement. 8. INSURANCE. All workers compensation and other insurance and policy limits shall be as provided for in the Agreement. 9. PUBLIC RECORDS. Section 119.0701, Florida Statutes requires that the following provisions be included in this Contract. A. 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 CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS FOR THE CITY OF OKEECHOBEE AT: CITY CLERK' S OFFICE 55 S. E. 3rd Avenue Okeechobee, Florida 34974 (863) 763-3372 ext. 9814 Igam iotea@cityofokeechobee.com B. The contractor shall adhere to Florida public records laws. The contractor must: 1. Keep and maintain public records required by the public agency to perForm the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy 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 in this chapter or as otherwise provided by law. 3. 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 contract term and following completion of the contract if the contractor does not transfer the records to the public agency. Page 2 of 3 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. IN WITNESS WHEREOF, the CITY and ICS have made and executed this Addendum to the Agreement. T EST: _ 1 Lan Gamiotea,- MC, City Clerk Witne ' ness RE �I� E FO L SUFFICIENCY: John J. Fumero, City Attorney CITY OF OKEECHOBEE By: , � ��%'�''G� � ; Dowling . Watford, Jr., Mayor ICS COMP , rc Chartier, President Page 3 of 3