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HomeMy WebLinkAboutPawfection Dog Training, LLC Fifth Addendum to Parks & Recreation Instructor Independent Contractor Agreement - 2022 06 03 FIFTH ADDENDUM TO PARKS & RECREATION INSTRUCTOR INDEPENDENT CONTRACTOR AGREEMENT THIS FIFTH ADDENDUM is made thisj&day of J uA2 , 2022 ("Fifth 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 City and Contractor previously entered an Addendum, Second Addendum, Third Addendum and Fourth Addendum ("Addendums"), extending the term of the Agreement and otherwise amending terms as provided for therein, respectively; and WHEREAS, the parties desire to extend the term of the Agreement for 7 months, to include a provision regarding statutory requirements relating to mandated use of the E-Verify system,to revise the Payment Terms, and otherwise as set forth herein. IN CONSIDERATION of the mutual covenants and provisions hereof, and other good 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 Fifth Addendum. Section 2. Extension of Term. The City and Contractor mutually agree to extend the term of the Agreement commencing on the date this agreement is signed by both parties and terminating at 11:59 PM on December 31, 2022. Section 3. E-Verify. Section 5.9. of the Agreement is hereby created as follows: 5.9. E-Verify. a. Pursuant to section 448.095, Florida Statutes, beginning January 1, 2021, contractors, which shall include Contractor, shall register with and use the U.S. Department of Homeland Security's E-Verify system, https://e- verify.uscis. og v/emp, to verify the work authorization status of all employees hired on and after January 1,2021. b. Subcontractors (i) Contractor shall also require all subcontractors performing work under this Agreement to use the E-Verify system for any employees they may hire during the term of this Agreement. (ii) Contractor shall obtain from all such subcontractors an affidavit stating the subcontractor does not employ, contract with, or subcontract with an unauthorized alien, as defined in section 448.095, Florida Statutes. (iii) Contractor shall provide a copy of all subcontractor affidavits to the City upon receipt and shall maintain a copy for the duration of the Agreement. C. Contractor must provide evidence of compliance with section 448.095, Florida Statutes. Evidence shall consist of an affidavit from the Contractor stating all employees hired on and after January 1,2021 have had their work authorization status verified through the E-Verify system and a copy of their proof of registration in the E-Verify system. d. Failure to comply with this provision is a material breach of the Agreement, and shall result in the immediate termination of the Agreement without penalty to the City. Contractor shall be liable for all costs incurred by the City securing a replacement Agreement, including but not limited to, any increased costs for the same services, any costs due to delay, and rebidding costs, if applicable. Section 4. No Guarantee by City. Section 5.10. of the Agreement is hereby created as follows: 5.10 Nothing contained in this Agreement shall be construed as a guarantee for the use of any City-owned or maintained facility. The parties fully understand and agree that City-owned and maintained facilities may not be suitable, at the discretion of the City,for use due to inclement weather, lightning, vandalism, emergencies, acts of God, hazardous conditions, or any other circumstances that the City deems could enter the participants or damage the facilities. Section 5. Payment Terms. Section 2.3, Payment Terms, shall be hereby deleted and replaced with the following: 2.3 Payment Terms. All registration fees shall be collected by Contractor. Contractor agrees to account for any and all fees collected, including the registrant's name and payment method. Contractor shall pay to City 20% of the registration fees on a quarterly basis (2022 due dates of January 1, April 1, July 1, and October 1),. Section 6. City's Responsibilities. Section 3.3 (a), City's Responsibilities, shall be hereby deleted and replaced with the following: 3.3 City's Responsibilities. The City shall cooperate with the Contractor by: (a) Storing equipment and materials, after written approval of Parks and Recreation Director, or designee. The City shall not be responsible for any loss or damage of equipment and materials stored by the City. Section 7. Exhibit "A". The Agreement's Exhibit "A," Description of Services to be Performed, shall be hereby deleted and replaced with the Exhibit "A" attached hereto, which is fully incorporated herein by this reference. Section 8. Others Terms and Conditions. Any other term or condition of the Agreement or prior Addendums not expressly modified by this Fifth Addendum shall remain in full force and effect. IN WITNESS WHEREOF,the parties hereto caused this Fifth Addendum to be executed on the dates indicated below. CONTRACTOR: CITY: PAWFECTION 77----- NING LLC CITY 1 WINTER PRING\S B _ By: b.�t,� Darryl Payne, Managing Member ,,,,,'Shawn Boyle, Ci anager Dated: ( W ZL Dated: U U!) 7i� EXHIBIT "A" DESCRIPTION OF SERVICES TO BE PERFORMED Scope of Services. The Contractor agrees to provide the following Services to the City: (a) Contractor agrees to offer dog training programs to the public on an ongoing basis. The dates, times and location of such class/camp shall be coordinated with the City by the contractor. (b) Contractor shall be responsible for registration of participants. A copy of each registration form shall be provided to the Parks and Recreation Director,or designee on a quarterly basis. (c) Contractor shall provide the Parks and Recreation Director, or designee, with a schedule at least fourteen (14) days prior to the start of the camps/classes. Any changes to the program must be submitted with seven (7) days advance notice. The Parks and Recreation Director, or designee,must approve the submitted schedule prior to the start of the class/camp. (d) Contractor shall provide all equipment and materials needed to provide Services. Contractor shall be responsible for preparing/setting up prior to each class/camp. (e) Contractor shall insure that all participants sign a release form, the specifications of which must be approved by City prior to commencement of Services. A copy of all release forms signed by participants shall be forwarded to Parks and Recreation Director, or designee prior to participants beginning classes. Failure to comply with this requirement will be considered Breach of the Agreement, and shall result in the immediate termination of the Agreement without penalty to the City. (f) Contractor shall keep an accurate record of the date, time and location of each class, the number of participants, their names and fees paid. Such records shall accompany the Contractor's submission of relevant quarterly payments to the City,which shall be provided to the Parks and Recreation Director, or designee. Payment will not be accepted without relevant class participation logs as described above in this paragraph. If payment and required documentation is not received within 5 working days of quarterly due dates contract may be considered terminated by The City and vendor will have 14 days to remove any equipment from City property. (g) Contractor shall be responsible for hiring additional instructors, if necessary, in order to insure a reasonable and proper instructor/participant ratio. (h) Contractor shall be responsible for any sponsorships obtained. Contractor shall forward information as to proposed sponsors to the City for approval prior to agreeing to sponsorship. (i) Contractor agrees to coordinate with the Parks and Recreation Director, or designee, to ensure program does not interfere with other City events. Contractor agrees that such events might impact the provision of Services.