HomeMy WebLinkAboutR-2023-155 Westrec Marina Management Inc. Amendment to Agreement Authorizing Month to Month Marina Management ServicesRESOLUTION NO,2ON-156
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO
EXECUTE A THIRD AMENDMENT TO THE AGREEMENT EXISTING
BETWEEN THE CITY AND WESTREC MARINA MANAGEMENT, INC.
C'WESTREC") TO EXTEND THE MONTH.TO-MONTH SERVICES FOR UP
TO AN ADDITIONAL NINETY (90) DAYS THROUGH MARCH 31,2024'
UNDER THE EXISTING PRICING, TERMS, AND CONDITIONS;
PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the city of Dania Beach issued a Request for Proposals (RFP) for Marina
Management Services and recommended the City Commissions approved by Resolution the award
ofbid and contract negotiations at the August 22,2023 CrIy Commission meeting; and
WIIEREAS, the city is cunently negotiating an Agreement with oasis Marina, LLC, who
is the successful proposer under the City's most recent Request for Proposals; and
WHEREAS,thepreviousAgreementbetweenWestrecandtheCityexpiredonSeptember
30,2023;and
WHEREAS,theCityexecutedaSecondAmendmenttotheAgreementpursuantto
ResolutionNo.2023-087onAugust22'2023,whichextendedWestrec'scontractthrough
December 31,2023 on a month-to-month basis, so that the City could negotiate a contract with
Oasis Marina, LLC and to coordinate that transition of services; and
WHEREAS,thepartiesalecontinuingtonegotiatethetransitionandfrnalcontractwith
oasis and require additional time to conclude negotiations, and the parties believe that by January
2024 the contract will be finalized; and
WHEREAS, in an abrrndance of caution, the city is requesting an additional month-to.
month continuation of the services for a maximum of Ninety (90) days' expiring on March 31'
2024; and
WHEREAS'theextensionofthecontractshallhavethesametermsandconditionsuntil
such time as a new contract can be executed;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH' FLORIDA:
section 1. That the above "whereas" clauses are ratified and confirmed, and they are
made a part ofand incorporated into this Resolution by this reference'
Section 2. That the proper City officials are authorized to execute a Second
Amendment to the Agreement for Marina Management Services between the City and Westrec
Marina Management, Inc., providing for a month-to-month basis with the same pricing, terms, and
conditions for a maximum of Ninety (90) days, which Amendment is attached as Exhibit "A" and
is incorporated into this Resolution by this reference.
Section 3. That the City Manager and City Attomey are authorized to make minor
revisions to the Amendment to the Agreement which are deemed necessary and proper and in the
best interests ofthe City.
Section 4. That funding for the Amendment to the Agreement is appropriated within
the Fiscal Year 2023-24 Adopted Budget in the Ocean Park Fund, Marina Division Contractual
Services Accor.rnI 41 5'7 2-09'57 5 -34-10.
Section 5. That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
section 6. That this Resolution shall become effective 10 days after passage.
pAssED AND ADoPrEn o"TvL(mbu l7,zozz.
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FINAL VOTE ON ADOPTION:
Commissioner JoYce L' Davis
Commissioner Tamara James
Commissioner Marco Salvino
Vice Mayor Lori Lewellen
Mayor Archibald J. Ryan IV
APPROVED AS TO FORM AND CORRECTNESS:
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EVE d BOUTSIS,
CITYSTTORNEY
RESoLUIoN #20zz-155
THIRD AMENDMENT TO AI\ EXISTING AGREEMENT BETWEEN TIIE CITY
OF DANIA BEACH' FLORIDA A}[D WESTREC SMI OPCO LLC FOR MARINA
MAIIAGEMENTSERVICESANDAMENDINGTHEEXISTINGAGREEMENTTo
PROVIDE FOR A1\I EXTENSION OF THE AGREEMENT THROUGH MARCH 3T'
2024 ON A MONTH-TO-MONTH BASIS'
This is the Third Amendment ("Amendment") to an Agreement (ttr9 ^'legee1e$.
')
.
existing
between the city of Dania Beacn, fl"tia"" a Florida municipal comoration (the "city") and westrec SMI
OpCo LLC a foreign fimiteo ' flalifity company regisiered to conduct business in Florida (the
:i;";a;il ffi;;;;ip"i -uili"e uaar"'r, or rrlT preston Road, Suite 220-A, Dallas, rexas
liiii ion piu;arog -u.inu .*ug"."it services at the Dania Beach Marina. The original Agreement
dated october t, 2016, the First
-Renewal to the Agleement dated August |7' 2o?1, and the Second
Amendment dated September s," 2O;;' ;;;^r" a p,f, of ana are incorporated into this Amendment by
this reference.
Inconsiderationofthemutualcovenants,termsandconditionscontainedintheAmendment,and
other good and valuable "on.io".ltil,
irr" ;;d""y and receipt of which are acknowledged and agreed
upon, the parties agree as follows:
l. That the First Extension Agreement explres on December 31' 2023 ' Beginning on
January 1, 2024:;;;CiW ani conuactor-agree
^to
extend the Ageement and to proceed
on a month to month basis for a maximum or Ninety (90) days' up to and including
March 31' 2024'
2. That in all other respects' the Agreement and any and all Exhibits to it' are ratified and
reaffirmed, and remains in full force and eflect'
IN WITNESS OF THE FOREGOING' the parties have executed this Amendment
2023.effective as of
ATTEST:
ELORA RIERA, MMC
CITY CLERK
APPROVED AS TO LEGAL FORM:
EVE A. BOUTSIS
CITY ATTORNEY
CITY:
CITY OF DANIA BEACH' FLORIDA
a Florida MuniciPal CorPoratton
ARCHIBALD J. RYAN IV
MAYOR
I.NN, TTA. GARCIA, ICMA-CM
CITY MANAGER
WITNESSES:
CONTRACTOR:
WESTREC SMI OPCO LLC, a foreign
limited liability company registered to
conduct business in Florida.
Signature Signarure
PRINT Name PRINT Name
Signature Title
PRINT Name Date
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me by means of tr physical
presence or E online notarization, ol _=-, 2023, by
of Westrec SMI OpCo LLC a foreign limited liability company
resistered to conduct business in Florida on behalfofthe company. He/she is personally known
to me or has produced as identification.
NOTARY PUBLIC
State of
Mv commission exDires: