HomeMy WebLinkAboutPawfection Dog Training, LLC Second Addendum - 2016 01 14 SECOND ADDENDUM TO
PARKS & RECREATION INSTRUCTOR
INDEPENDENT CONTRACTOR AGREEMENT
THIS ADDENDUM is made this L't day of ,201j("Second Addendum")by
and between the City of Winter Springs, a Florida municipal corporation,whose address is 1126
East State Road 434,Winter Springs,Florida 32708("City"),and Pawfection Dog Training LLC,a
Florida Limited Liability Company, whose principal address is 1098 Walnut Woods Place, Lake
Mary, Florida 32746 ("Contractor").
RECITALS:
WHEREAS, the City and Contractor previously entered into an Instructor Independent
Contractor Agreement under which Contractor agreed to provide dog training services for the benefit
of the public using the City's public recreational facilities ("Agreement"); and
WHEREAS,the parties desires to extend the term of the Agreement for two(2)additional
year as set forth herein.
IN CONSIDERATION of the mutual covenants and provisions hereof, and other good,
diverse, and valuable considerations, the receipt and sufficiency all or which is hereby
acknowledged, the parties desiring to be legally bound do hereby agree as follows:
Section 1. Recitals. The foregoing recitals are true and correct and are hereby incorporated
herein as a material part of this Second Addendum.
Section 2. Extension of Term. The City and Contractor mutually agree to extend the term of
the Agreement for two (2) additional years, commencing at midnight on January 1, 2016 and
terminating at 11:59 PM on December 31, 2017.
Section 3. Section 5.8 of the Agreement shall be replaced with"the following:
Sovereign Immunity. Notwithstanding any other provision set forth in this Agreement, nothing
contained in this Agreement shall be construed as a waiver of the City's right to sovereign immunity
under Section 768.28, or other limitations imposed on the City's potential liability under state or
federal law. As such, Contractor agrees that the City shall not be liable under this Agreement for
punitive damages or interest for the period before judgment. Further,the City shall not be liable for
any claim or judgment, or portion thereof, to any one person for more than two hundred thousand
dollars ($200,000.00), or any claim or judgment, or portion thereof, which, when totaled with all
other claims or judgments paid by the State or its agencies and subdivisions arising out of the same
incident or occurrence, exceeds the sum of three hundred thousand dollars($300,000.00).
Section 4. Others Terms and Conditions. Any other term or condition of the Agreement not
expressly modified by this Second Addendum shall remain in full force and effect.
Second Addendum
City of Winter Springs/Pawfection Dog Training LLC
Page 1 of 2
Form 1.0 07/2009
IN WITNESS WHEREOF, the parties hereto caused this Second Addendum to be
executed on the dates indicated below.
CONTRACTOR: CITY:
PAWFECTION DO INING LLC CITY OF WINTER
By: Q7h -__----.. By:
Darryl Payne,Managing Member I�viger
/
Dated: Dated: J—A� 4
Second Addendum
City of Winter Springs/Pawfection Dog Training LLC
Page 2 of 2
Form 1.0 07/2009