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Res No. 65-18 . . -- - -------- -- ----------- - RESOLUTION NO. 65-18 A RESOLUTION OF THE CITY OF DELRAY BEACH, FLORIDA APPROVING AN AGREEMENT WITH UNDER BLUE WATERS FOR SURF CAMP INSTRUCTION SERVICES; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT AND TAKE ALL ACTIONS NECESSARY TO EFFECTUATE THIS AGREEMENT; PROVIDING AN EFFECTIVE DATE;AND FOR OTHER PURPOSES. WHEREAS, the City of Delray Beach (City) is authorized to enter into agreements to provide services,programming and products in accordance with its Charter;and WHEREAS, the City requires surf camp instruction services. WHEREAS, the City desires to enter into an agreement with Under Blue Waters for these ( services. WHEREAS,the City Commission deems approval of this resolution to be in the best interest of the health, safety, and welfare of the residents and citizens of the City of Delray Beach and the public at large. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,FLORIDA,AS FOLLOWS: Section 1. The foregoing recitals are hereby affirmed and ratified.. Section 2. The City Commission of the City of Delray Beach has reviewed and hereby approves this Agreement between the City and Under Blue Waters,which is attached to this Resolution as Exhibit A. Section 3. The City Commission authorizes the City Manager to execute the Agreement and any amendments and/or renewals thereto, and take any other actions necessary to effectuate this Agreement. Section 4. This Resolution shall become effective immediately upon adoption. PASSED AND ADOPTED in regular session on the .w �.,�,. ��KU ) 2018. �aayof ATTEST: � "°� "° Shelly PetroA Y O R Katerri Johnson, City Cle ov fo n sufficiency: Max Lo , City Attorney 2 CITY OF DELFRAYEACH 100 NW I AVENUE, ' L FL 33444 AGREEMENTFOR SOL01"ATION NO. 2018-039 AGREEMENT ENT FOSlyRF CAMP INSTRUCTOR UNDER L ,. WATERS AGREEMENT THIS AGREEMENT is hereby inade and entered into this'2'61_day of mom__11 20.��(the "effective date")by and between the City of Delray Beach,as Florida municipal co-)Orakli("City"),whose address is 1.00 KW, 11' Avenue, Delray Beach, Florida 33444, and Under Blue Waters, a corporation (hereafter referred to as"Contractor"), has address is 16244,S.Military Trail#310 Delray Beach,Florida 33484 Wl-IEREAS, the City desires to retain the services of the Contractor to provide the goods arid services in accordance with the City's Invitation to Bid No.2018-039, and the Contractor's response thereto,all of which are incorporated herein by reference. NOW, THEREFORE, In cor0deration of the nwtual covenants and pron*es hereafter set forth, the Contractor and the City agree as foIlows: ARTICLE 1. INCORPORATION OF INVITATION 1"'0 BID The terms avid conditions of this Agreement shall include and incorporate the terms, conditions, and specifications set forth in the City's Invitation to Bid lqo. 201.8--039, and the Contractor's response to the Invitation to Bid, including aU documentation required thereunder. ARTICLE 2, DESCRIP110N OF GOODS OR SCOPE OFSERVICES Thee Contractor shall provide the goods avid/or perfonn those services idendfied in the specificatiorn accompanying the City's InOtation to Bid,which are incorporated l-ierein by reference. ARTICLE 3. COMPENSATUN The Contractor shall pay to the City, in cownpliance with the PNcing ScheduIe attached hereto and incorporated herein,according to the terms and specifications of the referenced Invitation to Bid. ARTICLE 4. IV16CELLANEOUS PROVISIONS a. Notice Format. All notices or other written coin aninications required, contemplated, or permitted under this Agreement shall be in writing and shall be hand delivered, t0ecorfirnunicated, or mailed by registered or certified mail (postage prepaid), return receipt requested, to the foUowing addresses: L As to the City: City of Delray Beach 100 N.W. V Avenue Delray Beach, Florida 33444 Attn: City Manager EmaiL iL with as copy to: City of Delray Beach 100 N.W. .1,11 Avenue Delray Beach, Florida 33444 Attw City Attorney City of Delray Beach Agreement 2 Surf Carnp Instructor 'rr�rrrii: Hi. Asto the Contr rrtrrr: Under fflu e Waters 16244 d., Mi@it ry,'rrrti8#310 Delray Beach, Horida 33484. Atttn,: Maya Booth,Owner Errraii rAr, ay C?rirtc riadiec trrarest r r..,r:�t?BaA bHrdinp2. The headings, contained in this Agreement are for convenience of reference only and shaH not Hmit or otherwise affect in any way the rneaning or interpretation of tris Agreement, C. Effective Date. The ffect:ive date f this Agreemerft si°aH be as of the date it has been er;utrwd ..,.....�_,,,,._.r,W�....,..._..wa_ y both,.. the parties hereto. ARTK'IE 44 CONTRA CT TER6 t This�term of thisAgreement shall bre�fr° rn the effective date ttrr-r�LAgh _� ���r�l�ss tera ir° ted ear6ier in accordance with terms sort forth in the LTB. (Rerrrairrder of this page is intentic rrAy ieft blank.) oty of t dnay Beach Agreement 3 Surf`ramp Instructor M WlTNESS WHEREOF',die parties have executed this Agreernent on the dates hereinafterwritten. ClTY OF DELRAY BEACH, FLORIDA (SEAL] A 'n' ST: Rrrt:ermr° Johnson, G��� 0erlc APPROVED D S TO FORM AND Wr ..__.. ._. .. its Attorney J'Sw At._J By _.._.._v......._.._�. Printed Name ..riti STA-rE OF FLORIDA :®0U .. Y OF` PALM BEAC .l The forei d iri tarn Fit acknowWged before rite this dray of ,,. C 2018 . , n ...._�n � r ..� ermer.. itfditBe of officer or t. .rrt�n a4� (rr rl���t e cat corporation titan acknowledging), _�.. (state or place of incorporation) corporation,tion, on behalf of the corporaflon, He/t lie is personally known to me or Vias prodr"i ed. _n (Type of ider'1tificatio )as identification ,pY°% Notary Public State of Florida Donna A McPherson My Commission GG 193165 ori Expires 03/07/2022 Notary Pub is tate of Florida C ity of Delray Reach Agreement 4 Surf Camp Instructor City of Delray Beach Bid�TB 2018-039 OLV Cid Delray Beach I'rS No.2:4318-039,Swarf Garnp;Instrur„lo r SECTION PRICING SCHEDULE 5.1 PRICES AND RATES The Bidder shall indic-ate in the spaces provided,the firm and fixed mvenue offered to the City for the goods and/or.eivir.emr de srrHbed flrmirmrrm, _.�. rv� ii ��° mum Mirdrum rn base of E 111T THOUSAND F IU Illi,HUNIDE'D � ($9500)mvr:nmme to the CKV for the Cr m ulrm of April:Vl, ti 2018 through March 31,2019. a � C r Year 3 F't,eve mmwmrm to the City � ,) ) I I, Year 4 Rar ver'mrmmr to the City Year,5 ReveVltie'tothe :IV's': Page 11 /30/2018 11,35 AM ra.25