HomeMy WebLinkAboutHeather Rose Fitness, LLC (Kettle Belles)- Parks & Receation Instructor First Addendum to Independent Contractor Agreement - 2023 02 22 PARKS&RECREATION INSTRUCTOR
FIRST ADDENDUM TO INDEPENDENT CONTRACTOR AGREEMENT
THIS FIRST ADDENDUM TO INDEPENDENT CONTRACTOR AGREEMENT
C'FIRST ADDENDUM")is made this day of , 2023 ("Effective Date"), by
and between the CITY OF WINTER SPRINGS, FLORIDA, a Florida municipal corporation,
whose address is 1126 East State Road 434, Winter Springs, Florida 32708 ("City"), and
HEATHER ROSE FITNESS, LLC, a Florida Limited Liability Company, whose principal
address is 1216 Andes Drive,Winter Springs,Florida 32708("Contractor").
RECITALS:
WHEREAS,City has certain outdoor park facilities available for use by the public;and
WHEREAS, the City and Contractor previously entered into an Instructor Independent
Contractor Agreement under which Contractor agreed to provide"Kettle Belles Fitness"exercise
classes("Services")for the benefit of the public using the City's outdoor park facilities available
to City;and
WHEREAS, City desires to continue to allow Contractor to offer such Services to the
public under the terms and conditions in this First Addendum;
WHEREAS,the parties desire to extend the term of the Agreement for one(1)additional
year, to include a provision regarding statutory requirements relating to mandated use of the E-
Verify system,and otherwise as set forth herein.
IN CONSIDERATION of the mutual covenants and provisions,and other good,diverse,
and valuable considerations,the receipt and sufficiency all or which is acknowledged,the parties
desiring to be legally bound agree:
Section 1. Recitals. The foregoing recitals are true and correct and are hereby incorporated
herein as a material part of this First Addendum.
Section-2• Extension of Term. The City and Contractor mutually agree to extend the term of
the Agreement for one(1)additional year, commencing on October 10, 2022 and terminating at
11:59 PM on October 9,2023.
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,h s:lle-
verifjuscis. ovg /emn, 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
Parks&Recreation Instructor Agreement—First Addendum
Heather Rose Fitness,LLC—City of winter Springs
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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. Others Terms and Conditions. Any other term or condition of the Agreement not
expressly modified by this First Addendum shall remain in full force and effect.
IN WITNESS WHEREOF,the parties hereto caused this First Addendum to be executed
on the dates indicated below.
II CONTRACTOR: CITY:
? HEATHER ROSE FTI`NESS,LLC CITY OF WINTER SPRINGS,FLORIDA
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By - By:
Heather Michelle Rosenberger,Mgr lhxkn Boyle,City Manager
Dated: Ot Dated: �? �Z- 4-5-
ContractorCUY
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Parks&Recreation Instructor Agreement—First Addendum
Heather Rose Fitness,LLC—City of Winter Springs
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