HomeMy WebLinkAboutPawfection Dog Training, LLC Third Addendum - 2017 11 28THIRD ADDENDUM TO
PARKS & RECREATION INSTRUCTOR
INDEPENDENT CONTRACTOR AGREEMENT
THIS THIRD ADDENDUM is made this d$ day of t'aV , 2017 ("Third
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 Third 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, 2018 and
terminating at 11:59 PM on December 31, 2019.
Section 3. Notices. The address for the Contractor, as provided in Section 5.2, Notices, shall be
hereby deleted and replaced with the following address for all notices to the Contractor as provided
for by Section 5.2:
1098 Walnut Woods Place
Lake Mary, Florida 32746
Section 4. Section 5.3, Public Records, is hereby deleted in its entirety and replaced with the
following language:
Public Records. Pursuant to Section 119.070 1, Florida Statutes and other applicable public
records laws, Contractor agrees that any records, documents, transactions, writings, papers,
letters, computerized information and programs, maps, books, audio or video tapes, films,
photographs, data processing software, writings or other material(s), regardless of the
physical form, characteristics, or means of transmission, of Contractor related, directly or
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indirectly, to the services provided to the City under this Agreement and made or received
pursuant to law or ordinance or in connection with the transaction of official business by the
City, may be deemed to be a public record, whether in the possession or control of the City or
the Contractor. Said records, documents, transactions, writings, papers, letters, computerized
information and programs, maps, books, audio or video tapes, films, photographs, data
processing software, writings or other material(s), regardless of the physical form,
characteristics, or means of transmission of Contractor are subject to the provisions of
Chapter 119, Florida Statutes, and may not be destroyed without the specific written approval
of the City's designated custodian of public records.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT
THE CUSTODIAN OF PUBLIC RECORDS, THE CITY CLERK, AT (407) 327-5955,
CITYCLERKDEPARTMENT( a WINTERSPRINGSFL.ORG,1126 EAST STATE ROAD
434, FLORIDA 32708.
Contractor is required to and agrees to comply with public records laws. Contractor shall
keep and maintain all public records required by the City to perform the services as agreed to
herein. Contractor shall provide the City, upon request from the City Clerk, copies of the
requested records or allow the records to be inspected or copied within a reasonable time at a
cost that does not exceed the cost provided by law. Contractor shall ensure that public
records that are exempt or confidential and exempt from public records disclosure
requirements are not disclosed except as authorized by law for the duration of the Agreement
term. Upon completion of the Agreement, Contractor shall transfer to the City, at no cost, all
public records in possession of the Contractor, provided the transfer is requested in writing
by the City Clerk. Upon such transfer, Contractor shall destroy any duplicate public records
that are exempt or confidential and exempt from public records disclosure requirements.
However, if the City Clerk does not request that the public records be transferred, the
Contractor shall continue to keep and maintain the public records upon completion of the
Agreement and shall meet all applicable requirements for retaining public records. All
records stored electronically must be provided to the City, upon request from the City Clerk,
in a format that is compatible with the information technology systems of the City. Should
the City not possess public records relating to this Agreement which are requested to be
inspected or copied by the City or any other person, the City shall immediately notify
Contractor of the request and the Contractor shall then provide such records to the City or
allow the records to be inspected or copied within a reasonable time. If the Contractor does
not comply with a public records request, the City may enforce this Section to the extent
permitted by law. Contractor acknowledges that if the Contractor does not provide the public
records to the City within a reasonable time, the Contractor may be subject to penalties under
Section 119. 10, Florida Statutes. The Contractor acknowledges that if a civil action is filed
against the Contractor to compel production of public records relating to this Agreement, the
court may assess and award against Contractor the reasonable costs of enforcement,
including reasonable attorney fees. All public records in connection with this Agreement
shall, at any and all reasonable times during the normal business hours of the Contractor, be
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open and freely exhibited to the City for the purpose of examination, audit, or otherwise.
Failure by Contractor to grant such public access and comply with public records laws and/or
requests shall be grounds for immediate unilateral cancellation of this Agreement by the City
upon delivery of a written notice of cancellation. If the Contractor fails to comply with this
Section, and the City must enforce this Section, or the City suffers a third party award of
attorney's fees and/or damages for violating Chapter 119, Florida Statutes, due to
Contractor's failure to comply with this Section, the City shall collect from Contractor
prevailing party attorney's fees and costs, and any damages incurred by the City, for
enforcing this Section against Contractor. And, if applicable, the City shall also be entitled
to reimbursement of all attorneys' fees and damages which the City had to pay a third party
because of the Contractor's failure to comply with this Section. The terms and conditions set
forth in this Section shall survive the termination of this Agreement.
Section 5. Others Terms and Conditions. Any other term or condition of the Agreement not
expressly modified by this Third Addendum shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto caused this Third Addendum to be executed
on the dates indicated below.
CONTRACTOR:
PAWFECTION DOG R iNING LLC
By:
Darryl Payne, Managing Member
Dated:- 1
CITY:
CITY OF WINTER SPRI-NIGS
By:
Kyein L. Sn lt�k-('ity Manager
Dated: 1�/7-91'
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