Resolution No. 2019-51 Amending Agreement with CMCS Consulting Services LLC - October 2, 2019 RESOLUTION NO. 2019-51
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, APPROVING AN AMENDMENT TO THE
AMENDED AND RESTATED AGREEMENT FOR PROFESSIONAL
SERVICES BETWEEN THE CITY AND CMCS CONSULTING SERVICES,
LLC; AUTHORIZING THE CITY MANAGER TO EXECUTE AND TO
TAKE ALL ACTIONS NECESSARY TO IMPLEMENT THE
AMENDMENT; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on July 19, 2018, by the adoption of Resolution No. 2018-68, the City
Commission approved an Amended and Restated Agreement For Professional Services
(the "Agreement") between the City and CMCS Consulting Services, LLC (the
"Contractor") for professional consulting services related to facilitating the successful
development and commencement of operation of the proposed Aventura Charter High
School, providing additional consulting services in the field of ACES Charter Renewal,
and other administrative support to assist in a smooth transition of city operations from
the then Interim City Manager to the next City Manager; and
WHEREAS, the Agreement was set to expire on September 30, 2019; and
WHEREAS, the Parties wish to amend the Agreement (the "Amendment") to
provide for additional time to finalize services related to the City's Don Soffer Aventura
High School; and
WHEREAS, the City Commission finds that approval of the Amendment is in the
best interest of the City.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
City of Aventura Resolution No. 2019-51
Section 1: That the foregoing "WHEREAS" clauses are ratified and confirmed
as being true and correct and are made a specific part of this Resolution.
Section 2. That the Amendment amending the Agreement between the City and
the Contractor, attached hereto as Exhibit "A," is hereby approved.
Section 3. That the City Manager is hereby authorized to execute the
Amendment, together with any non-substantive changes deemed necessary by the City
Manager and approved as to form and legal sufficiency by the City Attorney, and to take
any action which is necessary to implement the Amendment.
Section 4: That this Resolution shall take effect immediately upon adoption, and
shall be applied retroactively from and after October 1, 2019.
The foregoing Resolution was offered by Commissioner Narotsky, who moved its
adoption. The motion was seconded by Commissioner Shelley, and upon being put to a
vote, the vote was as follows:
Commissioner Dr. Linda Marks Yes
Commissioner Gladys Mezrahi Yes
Commissioner Marc Narotsky Yes
Commissioner Robert Shelley Yes
Commissioner Howard Weinberg Yes
Vice Mayor Denise Landman Yes
Mayor Enid Weisman Yes
PASSED AND ADOPTED this 2nd day of October 2019.
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City of Aventura Resolution No. 2019-51
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ENID EISMAN, MAYOR
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ATTEST:
ELLISA L. HORVATH, C
CITY CLERK
APPROVED A TO LEGAL SUFFICIENCY:
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CITY ATTORNEY
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FIRST AMENDMENT
TO
AMENDED AND RESTATED AGREEMENT
FOR PROFESSIONAL SERVICES
WITH CMCS CONSULTING SERVICES, LLC
This FIRST AMENDMENT (the "Amendment") is made and entered into as of
the 1st day of October 2019, by and between THE CITY OF AVENTURA, FLORIDA, a
Florida municipal corporation ("City"), and CMCS CONSULTING SERVICES, LLC,
("Contractor"), collectively the "Parties."
WHEREAS, on July 19, 2018, by the adoption of Resolution No. 2018-68, the City
Commission approved an Amended and Restated Agreement for Professional
Services(the "Agreement") between the City and CMCS Consulting Services, LLC (the
"Contractor") for professional consulting services related to facilitating the successful
development and commencement of operation of the proposed Aventura Charter High
School, and providing additional consulting services in the field of ACES Charter
Renewal, and other administrative support to assist in a smooth transition of city
operations from the then Interim City Manager to the next City Manager; and
WHEREAS, the Agreement was set to expire on September 30, 2019; and
WHEREAS, the Parties wish to amend the Agreement to provide for additional
time to finalize services related to the City's Don Soffer Aventura High School.
NOW THEREFORE, for good and valuable consideration of the mutual covenants set
forth herein and in the Agreement and for other good and valuable consideration, the
receipt and sufficiency of which is hereby acknowledged, the parties hereto do covenant
and agree to amend the Agreement as follows:1
1. That the foregoing "WHEREAS" clauses are ratified and confirmed as being
true and correct and are made a specific part of this Amendment.
2. That Section II "Completion of Scope of Services; Term" of the Agreement
is hereby amended as follows:
Contractor shall perform the Services and the Additional Services to the
City's reasonable satisfaction in accordance with this Agreement. The term
of this Agreement shall commence on January 6, 2018 and shall remain in
full force and effect until December 31, 2019, unless
terminated sooner, with or without cause, upon thirty (30) days advance
written notice by Contractor or the City Commission or by mutual written
agreement. The parties agree that they may extend the term of the
school does not open on or about August 2019.
1 Additions to the Agreement text are shown by underline; deletions from existing Agreement text are
shown by Wigh.
Amendment No. 1—Professional Services Agreement
CMCS Consulting, LLC
Page 1 of 2
3. Except to the extent expressly set forth herein, this Amendment does not
impact, modify or abridge any term, right or obligation under the Agreement. The terms
used in this Amendment have the same meaning as those used in the Agreement unless
expressly noted otherwise herein.
4. No term of this Amendment may be modified except in writing executed by
all parties to this Amendment.
5. If any term of this Amendment is found by a court of competent jurisdiction
to be void or unenforceable, said finding shall not affect the enforceability of the remaining
terms of this Amendment.
IN WITNESS WHEREOF, the parties hereto have made and executed this
Amendment to the Agreement on the respective dates under each signature: City of
Aventura, signing by and through its City Manager, authorized to execute same, and by
the duly authorized representative of the Contractor, to execute same.
FOR CITY:
ATTEST: = CITY OF AVENTURA
if
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Ellisa L. Horvath, •6 i` Ronald J. Persson
City Clerk City Manager
Dated: 10(4 /q
Approved as to form and legal sufficiency
for the use of and reliance by the City
of Aventura only:
i\V4If 1111 44/Cal
City Attorney
FOR CONTRACTOR:
CMCS CONSULTING SERVICE , LLC
By: ;1111Nar Dated:
Eric M. Soroka
Managing Mem.-r
Amendment No. 1—Professional Services Agreement
CMCS Consulting, LLC
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