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HomeMy WebLinkAboutR-2012-161 - Executed a First Amendment to an Agreement existing btw Dania Beach & Broward County relating to Water Safety Instruction/Education RESOLUTION NO. 2012-161 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A FIRST AMENDMENT TO AN AGREEMENT EXISTING BETWEEN THE CITY OF DANIA BEACH AND BROWARD COUNTY RELATING TO WATER SAFETY INSTRUCTION/EDUCATION; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 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 a First Amendment to an Agreement existing between the City and Broward County relating to Water Safety Instruction/Education. Section 2. That the City Manager and City Attorney are authorized to make minor revisions to the First Amendment as are deemed necessary and proper for the best interests of the City. Section 3. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to such extent of such conflict. Section 4. That this Resolution shall be in full force and be retroactive to October 1, 2002,upon its passage and adoption. PASSED AND ADOPTED on November 27, 2012. ATTEST 1 LOUISE STI ON, CMC ALTER B. DUKE, III CITY CLERK MAYOR IS FIRST APPROVED AS TO O AND CORRECTNESS: THOMAS J ANSBRO CITY ATTIORNEY , A�1� FIRST AMENDMENT TO AGREEMENT Between BROWARD COUNTY and CITY OF DANIA BEACH for WATER SAFETY INSTRUCTION/EDUCATION i FIRST AMENDMENT TO AGREEMENT Between BROWARD COUNTY and CITY OF DANIA BEACH for WATER SAFETY INSTRUCTION/EDUCATION This is a First Amendment to Agreement by and between: BROWARD COUNTY, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY," and CITY OF DANIA BEACH, FLORIDA, a municipal corporation of the State of Florida, hereinafter referred to as "CONTRACTOR." WITNESSETH WHEREAS, COUNTY and CONTRACTOR entered into an original Agreement dated July 31, 2000,providing for CONTRACTOR to provide water safety instruction and water safety instructor certification classes at various locations within the City of Dania Beach; and WHEREAS, the original Agreement inadvertently did not include all the locations where services have been provided by CONTRACTOR since inception of the Agreement, and WHEREAS, COUNTY and CONTRACTOR desire to amend the original Agreement to clarify the intent of the parties as to the location of where services shall be provided and to add additional locations for the provision of services by CONTRACTOR;NOW, THEREFORE, IN CONSIDERATION of the mutual terms, conditions, promises, and covenants hereinafter set forth, COUNTY and CONTRACTOR agree as follows: 1. The above recitals are true and correct and are incorporated in this First Amendment as if set forth in full under it. 2. Article I, Scope of Services, Sections 1.1 through 1.3, of the original Agreement, are amended as follows: 1.1 CONTRACTOR shall finnish the water safety instruction to children in Broward County ages six (6) months to fourteen (14) years at the following location(s): C.W. Thomas Park— 800 NW 2nd Street and Patrick J. Meli Park. Services to be provided by CONTRACTOR are more specifically described in Exhibit "A" attached to and made a part of this First Amendment. 1.2 CONTRACTOR shall fiunish water safety adult education classes to persons residing in Broward County at the following location(s): C.W. Thomas Park—800 NW 2nd Street and Patrick J. Meli Park. Services to be provided by CONTRACTOR are more specifically described in Exhibit "A" attached to and made a part of this First Amendment. 1.3 CONTRACTOR shall furnish water safety instructor certification classes at the following location(s): C.W. Thomas Park—800 NW 2nd Street and Patrick J. Meli Park. Services to be provided by CONTRACTOR are more specifically described in Exhibit "A" attached to and made a part of this First Amendment. 3. Except as provided for in this First Amendment to Agreement, all terms and conditions contained in the original Agreement not in conflict with this First Amendment shall remain in force and effect. 4. Upon execution of this First Amendment to Agreement by both parties, the effective date of this First Amendment to Agreement shall be retroactive to October 1, 2002. 5. This First Amendment to Agreement may be executed in two (2) counterparts, each of which shall be deemed to be an original. (Remainder of Page Intentionally Left Blank) IN WITNESS WHEREOF, the parties to this First Amendment have made and executed the same to an Agreement dated July 31, 2000, on the respective dates under each signature: BROWARD COUNTY,through the Director of the Parks and Recreation Division, authorized to execute same pursuant to Section 13.91(h) of the Broward County Administrative Code, and the CITY OF DANIA BEACH, FLORIDA, signing by and through ROBERT BALDWIN, City Manager, who is duly authorized to execute same. COUNTY WITNESSES: BROWARD COUNTY,through the Director, Parks and Recreation Division By Dan West day of 92012 Approved as to form by Joni Armstrong Coffey Broward County Attorney Governmental Center, Suite 423 115 South Andrews Avenue Insurance requirements Fort Lauderdale, Florida 33301 approved by Broward County Telephone: (954)357-7600 Risk Management Division Telecopier: (954)357-7641 By By Signature (Date) Patrice M. Eichen (Date) Assistant County Attorney Print Name and Title above 5 RESOLUTION#2012-161 FIRST AMENDMENT TO AN AGREEMENT DATED JULY 31, 2000, BETWEEN BROWARD COUNTY AND CITY OF DANIA BEACH, FLORIDA, FOR WATER SAFETY INSTRUCTION/EDUCATION. CONTRACTOR ATTEST: CITY OF DANIA BEACH LOUISE STILSON, CMC CITY CLERK By ROBERT BALDWIN CITY MANAGER day of , 2012 APPROVED AS TO FORM AND CORRECTNESS: By THOMAS J. ANSBRO CITY ATTORNEY 6 RESOLUTION#2012-161