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HomeMy WebLinkAboutR-2021-135 Beach Raker, LLC Amendment to Agreement for Month to Month for Beach Cleaning ServicesRESOLUTION NO.2021-135 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AMENDMENT TO THE AGREEMENT EXISTING BETWEEN THE CITY AND BEACH RAKER, LLC PROVIDING FOR A MONTH -TO - MONTH BASIS FOR A MAXIMUM OF ONE HUNDRED TWENTY (120) DAYS FOR BEACH CLEANING SERVICES WHICH AGREEMENT EXPIRES ON SEPTEMBER 11, 2021, UNDER THE SAME PRICING, TERMS, AND CONDITIONS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City executed an Agreement with Beach Raker, LLC for the provision of Beach Cleaning Services on September 11, 2018; and WHEREAS, the Agreement provided for an initial one (1) year period renewable for two (2) additional one (1) year periods for the requested services, subject to the approval of the City and Beach Raker, LLC; and WHEREAS, the City has executed both renewal options and the Agreement expires on September 11, 2021; and WHEREAS, the Agreement allows for a month to month continuation of the existing agreement for a maximum of one hundred twenty (120) days and Beach Raker, LLC and the City are both desirous and willing to continue with the services; and WHEREAS, the City will begin the process of issuing a new Request for Proposals (RFP) for Beach Cleaning Services in the coming weeks and the City Administration recommends a month -to -month extension of the contract with the same terms and conditions until such time as a new contract can be awarded; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the proper City officials are authorized to execute an Amendment to the Agreement for Beach Cleaning Services between the City and Beach Raker, LLC providing for a month -to -month basis with the same pricing, terms, and conditions for a maximum of one hundred twenty (120) days, which Amendment is attached as Exhibit "A" and is incorporated into this Resolution by this reference. Section 2. That the City Manager and City Attorney are authorized to make minor revisions to the Amendment to the Agreement which are deemed necessary and proper and in the best interests of the City. Section 3 That cost of the Agreement is planned and appropriated in the current approved City budget in Recreation Professional Services Account 001-72-02-572-31-10. Section 4. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to such extent of such conflict. Section 5. That this Resolution shall be in force and take effect retroactive to September 12, 2021. PASSED AND ADOPTED on September 13, 2021. ATTEST: ZO-K"'� �T 4 / - THOMAS SCHNEIDER, CMC CITY CLERK � �o ISr1E9� APPROVED AS THOM S J. yy: R CITY ATTORNE RM AND CORRECTNESS: TAMARA JAMES MAYOR / 2 RESOLUTION #2021-135 AMENDMENT TO AN EXISTING AGREEMENT BETWEEN THE CITY OF DANIA BEACH, FLORIDA AND BEACH RAKER, LLC, RELATING TO BEACH CLEANING SERVICES AT THE CITY'S OCEAN PARK BEACH. This is an Amendment (the "Amendment") to an Agreement (the "Agreement") existing between the City of Dania Beach, Florida, a Florida municipal corporation (the "City") and Beach Raker, LLC, a Florida limited liability company (the "Contractor") with its principal mailing address of 220 NE 13' Street, Pompano Beach, Florida 33060, for providing beach cleaning services at the City's Ocean Park Beach. A copy of the Agreement dated September 11, 2018, a copy of the First Renewal to the Agreement, dated September 23, 2019, and a copy of the Second Renewal dated October 13, 2020, are attached as composite Exhibit "A", and made a part of and are incorporated into this Amendment by this reference. In consideration of the mutual covenants, terms and conditions contained in this Amendment, and other good and valuable consideration, the adequacy and receipt of which are acknowledged and agreed upon, the parties agree as follows: That the current contract expired on September 11, 2021 and the City will soon begin the bidding process related to beach cleaning services. Beginning retroactively on September 12, 2021, the City and Contractor agree to extend the Agreement and to proceed on a month to month basis for a maximum of One Hundred Twenty (120) days, as specified in the original Agreement. 2. That in all other respects, the Agreement and any and all Amendments to it, is ratified and reaffirmed, and remains in full force and effect. IN WITNESS OF THE FOREGOING, the parties have executed this Amendment effective as of .2021. ATTEST: CITY: CITY OF DANIA BEACH, FLORIDA a Florida Municipal Corporation THOMAS SCHNEIDER, CMC TAMARA JAMES, MAYOR CITY CLERK APPROVED AS TO LEGAL FORM: THOMAS J. ANSBRO CITY ATTORNEY ANA M. GARCIA, ICMA-CM CITY MANAGER RESOLUTION 42021-135 WITNESSES: Signature PRINT Name Signature CONTRACTOR: BEACH RAKER, LLC a Florida limited liability company Signature George L. Jones, Jr. PRINT Name President Title PRINT Name Date STATE OF FLORIDA The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, on , 2021, by George L. Jones, Jr., as President of Beach Raker, LLC, a Florida limited liability company, on behalf of the company. He is personally known to me or has produced not) take an oath. My commission expires: as identification and did (did NOTARY PUBLIC State of Florida at Large 4 RESOLUTION #2021-135