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HomeMy WebLinkAboutC2016-231 - 6/14/2016 - Approved FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND APEX PERSONAL TRAINING AND NUTRITION, LLC STATE OF TEXAS § COUNTY OF NUECES § WHEREAS, the City of Corpus Christi ("City") and Apex Personal Training and Nutrition, LLC ("Contractor") entered into an existing agreement ("Agreement'), approved on March 31, 2016; WHEREAS, the parties mutually desire to increase the total contract value through execution of an amendment to the existing service contract with this ("First Amendment") in order to provide additional program services for the "Mind — Exercise — Nutrition — Do it!" ("MEND") Childhood Obesity Program. 1. Incorporation of Preamble. The preamble provisions set out above in this First Amend- ment are incorporated by reference into the body of this document and constitute additional provisions under the Agreement. 2. Effective Date. This First Amendment takes effect following the fin I pr val by the City Cou cil an execution by the City Manager, or designee on the �> ' day of 2016. 3. Effect of First Amendment. This First Amendment supplements and expands the provisions of the Agreement and the duties and responsibilities undertaken by the parties. The parties acknowledge and agree that all terms, conditions, and covenants of the Agreement not changed by execution of this First Amendment continue in full force and effect. For purposes of this First Amendment, the parties agree that the specific language included in this document modifies the terms and conditions of the Agreement as necessary and desired to effectuate the purposes and plans of the parties. 4. Amendment. This First Amendment to Service Contract MEND Childhood Obesity Program Contract No. 713, Apex Personal Training and Nutrition, LLC shall be revised to increase the maximum not to exceed total contract value of the existing service contract from $49,000 to $ 150,000 as shown in Exhibit"A" Specification No. 10280 (last page) Section N. Fee Schedule of Exhibit A Scope of Work Mend Childhood Obesity Program. 5. Entire Agreement. This First Amendment(and the attachments and exhibits attached to this document and incorporated by reference, if applicable) set forth the entire agreement of the parties with respect to undertaking additional duties and responsibilities as described in this document. Excluding the executed Agreement and First Amendment, no other agreements, assurances, conditions, covenants (express or implied), or other terms of any kind exist between the parties regarding this First Amendment. EXECUTED in duplicate by the parties, to take effect upon the date indicated in Section 2 of this First Amendment. 2016-231 6/14/16 Page 1 of 3 M2016-059 INDEXED Apex Personal Training CITY QF CORPUS CH ISTI ATTEST: Annette Rodriguez, Direr of Public Health REBECCA HUERTA CITY SECRETARY Date: Approved as to legal for . ' , 2016 / Ater, 1‘._11 L-11_4 ri Elizabe undley Assista• ity Attorney for the City Attorney IA2a(0— '`'�,n, w�.wwww��w CONTRACTOR: 4Y COUNCIL_.......mow 1 I , i SECRETARv .- z9I a ignatur& '/ ,,/ Name: � Title: /3/,!/f7r'//,4e/°22 Date: 0,57a6740 ATTACHED AND INCORPORATED EXHIBIT: Exhibit A— Specification No. 10280 (last page) Section N. Fee Schedule of Exhibit A Scope of Work Mend Childhood Obesity Program Page 2 of 3 .CITY OF CORPUS CHRISTI SPECIFICATION NO. 10280 HEALTH DEPARTMENT SECOND REVISED DATE:05/5/2016 N. FEE SCHEDULE MINIMUM DESCRIPTION UNIT UNIT NUMBER OF COST PARTICIPANTS Delivery of MEND ages 2- EACH $3,000 12 minimum 5: 10-week course (10 FULL weeks x one 1.5-hour CLASS sessions per week). Delivery of MEND ages 7- EACH $2,500 10 minimum 13: 10-week course (10 FULL weeks x two 2-hour CLASS sessions per week). W/10 ONLY FOR MEND 7-13 Each additional child, EACH $250 Must complete 10- numbers 11 to 20 week course Each additional child, EACH $200 Must complete 10- numbers 21-30 week course Class Size: Greater than Maximum $7,000 or equal to 30 children per class The total contract value to be paid under this agreement shall not exceed $150,000. Page 3 of 3 ' ' CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. i.4 and 6 if there are inintested parties, OFFICE USE ONLY Complete Nos.1 2,3.5.and 6 if there are no interested partes. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2016-60433 Apex Personal Training&Nutrition. t L C Corpus Christi,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 05/23/2016 being filed. Apex Personal Training&Nutrition. 11C Oat Ackn wledged: V ZG\4 3 Provide the identification number used by the governmental entity or state agency to track or identity the ntrac,and provide a description of the services,goods,or other property to be provided under the contract. 47-3803990 Mend Program 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling I Intermediary • ►� Notary Public IV 4STATE tAi fi0 '4.10 ,�,C°IOpFTE7 13004304 'ui0 5 Check only if there is NO Interested Party. K 6 AFFIDAVIT I sv,,rar.ao atferr;,uncle! testily of perjury.drat the agave disclosure is true and cerrecr �VAY�iYAAAY t� ,,;;;;1;:;‘�! i olio Pubes Pubes e„ad 41ii Signature of authorized agent of contracting business entity AFFIX NOTARY STAMP i SEAL ABOVE _ Sworn to and subscribed before me by the said i99 _"__ �—' ,rhes the � f. ;ay of 4/ • 20 ) ,to certii+j which,witness my hand and seal of oftic/ r�fJ 1;- ignature of officer administering oath - Printed name of office' adminr,rering oath, Title of ofr!.er administenng oath _1 Forms provided by Texas Ethics Commission www.ethics.state.tx.ts Version V1.0.1021