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HomeMy WebLinkAboutR-2024-086 Westrec Amendment Month to Month Pier Mngmnt ServicesRESOLUTION NO.2024-Q0�Q A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A SECOND AMENDMENT TO THE AGREEMENT BETWEEN THE CITY AND WESTREC SMI OPCO LLC ("WESTREC") EXTENDING PIER CONCESSION MANAGEMENT SERVICES ON A MONTH -TO - MONTH BASIS FOR A MAXIMUM OF NINETY (90) DAYS, UNDER THE EXISTING PRICING, TERMS, AND CONDITIONS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, City officials executed an agreement on August 1, 2014 with Westrec SMI OpCo LLC. a foreign company that is authorized to conduct business in Florida for pier concession management services for the Dania Beach Pier; and WHEREAS, the initial Agreement provided for a five (5) year agreement with the option for renewal for the requested services, subject to the approval of the City and Westrec SMI OpCo LLC which Agreement was subsequently renewed for a five (5) year period pursuant to Resolution No. 2019-033 and expires on July 31, 2024; and WHEREAS, the City has issued a Request for Proposals (RFP) for Pier Concession Management Services that closed on June 13, 2024, which has not yet been awarded; and WHEREAS, the City recommends a month -to -month extension of the Agreement with the same terms and conditions until such time as a new contract can be awarded and both the City and Westrec are desirous and willing to extend the Agreement for a maximum of ninety (90) days. 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 of and incorporated into this Resolution by this reference. Section 2. That the proper City officials are authorized to execute an Amendment to the Agreement for Pier Concession Management between the City and Westrec 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 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 4. That funding for the Amendment to the Agreement is appropriated within the Fiscal Year 2023-24 Adopted Budget in the Ocean Park Fund, Pier Operation Contractual Services General Account 415-72-15-575-34-10. 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 ADOPTED on L)\ J nle Z s , 2024. Motion by I jn M second b3N t WIV OC 616n FINAL VOTE ON ADOPTION: Unanimous Commissioner Joyce L. Davis Commissioner Tamara James Commissioner Marco Salvino Vice Mayor Lori Lewellen Mayor Archibald J. Ryan IV 910 �_ Yes No 2 RESOLUTION #2024-_M(O RENEWAL OF THE AGREEMENT BETWEEN THE CITY OF DANIA BEACH, FLORIDA AND WESTREC MARINA MANAGEMENT, INC. FOR FISHING PIER MANAGEMENT AND BAIT SHOP OPERATIONS This is a Renewal of an Agreement (the "Renewal"), which Agreement dated August 1, 2015 (the "Agreement") exists between the City of Dania Beach, Florida, a Florida municipal corporation (the "City") and Westrec Marina Management, Inc., a California corporation, authorized to do business in Florida ("Westrec"), for fishing pier management and bait shop operations. Westrec has a mailing address of 16633 Ventura Boulevard, 6'h Floor, Encino, CA 91436. A copy of the existing Agreement is attached as Exhibit "A", which is made a part of and incorporated into this Renewal by this reference. The City and Westrec wish to renew the Agreement for the one (5) year renewal period identified in the Agreement up to and including July 31, 2024. In consideration of the mutual covenants, terms and conditions contained in the Agreement and in this Renewal of it, and for other good and valuable consideration, the adequacy and receipt of which are acknowledged and agreed upon, the parties agree to the following: That the existing Agreement dated August 1, 2014 is renewed and it shall remain in effect up to and including July 31, 2024. 2. That the terms and conditions of the Agreement dated August 1, 2014, will remain the same throughout the term of this Renewal of it. 3. That in all other respects, the Agreement is ratified and reaffirmed and remains in full force and effect. IN WITNESS OF THE FOREGOING, the parties have executed this Renewal on 2019.�� ,0/ a aBi" CITY: CITY CLERK MAYOR APPROVED AS TO FORM AND CORREC13oWSS: CITY A ANA M. GARCIA, IC CM CITY MANAGER A,