RESOLUTION 90-19855 RESOLUTION NO. 90-19855
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, APPROVING THE FIRST
AMENDMENT TO AGREEMENT BETWEEN THE CITY OF
MIAMI BEACH AND NORMAN LITZ AND AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE THE FIRST
AMENDMENT ON BEHALF OF THE CITY.
WHEREAS, on or about May 26, 1989 the City of Miami Beach
entered into an Agreement with Norman Litz to provide services as
Director of the Miami Beach Convention Center; and
WHEREAS, Norman Litz has requested the City to add an
indemnity clause to the Agreement.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, that the City of Miami Beach City
Commission approves the First Amendment to Agreement entered into
between Norman Litz, an independent contractor, and the City of
Miami Beach, and authorizes the Mayor and City Clerk to execute
the First Amendment to Agreement on behalf of the City of Miami
Beach.
PASSED and ADOPTED this 3rd day of January , 1990 .
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VICE-MAYOR
ATTEST:
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CITY CLERK
FORM APPROVED
LEGAL DEPT.
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ref:nlfiam. res By
Date 227-22-p-2-2-a_
FIRST AMENDMENT TO AGREEMENT
Agreement entered into this day
First Amendment to /0
of 19/4' between Norman Litz and the City of Miami
Beach, amending the Agreement dated May 26, 1989 .
WHEREAS, on or about May 24 , 1989 the City of Miami Beach (the
"City") entered into an Agreement with Norman Litz to provide
services as Director of the Miami Beach Convention Center (the
"Agreement") ; and
WHEREAS, Norman Litz has requested the City to add an
indemnity clause to the Agreement.
NOW, THEREFORE, in consideration of TEN DOLLARS ($10. 00) and
other good and valuable consideration, the receipt of which is
hereby acknowledged, the parties hereto agree as follows:
1) The following clause shall be added to the Agreement:
To the extent permitted by applicable law, the
City hereby agrees to indemnify, defend, and
hold Norman Litz harmless from any and all
claims, demands, causes of action, and
liabilities, whether in contract or in tort,
in law or in equity arising out of or relating
to the services of Norman Litz as Convention
Center Director under the Agreement. This
indemnification clause shall be retroactive to
the effective date of the Agreement.
2) This First Amendment shall supersede the Agreement and
in the event of an inconsistency between the terms and condition
of the Agreement and this First Amendment, this First Amendment
shall prevail . All other terms and conditions of the Agreement
are hereby ratified and confirmed.
IN WITNESS WHEREOF, the parties have caused this First
Amendment to the Agreement to be signed on this / 0 day of
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VICE-MAYOR
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CITY CLERK
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N•:MAN LITZ
WITNESS :
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LEGAL DEPT.
BY
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OFFICE OF THE CITY MANAGER CITY HALL
ROB W.PARKINS 1700 CONVENTION CENTER DRIVE
CITY MANAGER TELEPHONE: 673-7010
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ON MEMORANDUM ORANDUM NO.M
January 3 , 1990
DATE:
TO: Mayor Alex D-•ud and
Members o •he City Co issi
F ROM: Rob W. Par'•-
-
City Manager
SUBJECT: FIRST AMENDMENT TO AGREEMENT WITH NORMAN LITZ
On or about May 24 , 1989 , the City of Miami Beach entered into an
agreement with Norman Litz to provide services as the Director of
the Miami Beach Convention Center and the Jackie Gleason Theater
of the Performing Arts.
During the course of doing business in that capacity, Mr. Litz is
acting on behalf of the City of Miami Beach, however; he could be
personally liable for these actions. Therefore, Mr. Litz has
requested, and the Administration agreed, to add an indemnity
clause to his contract. The clause would indemnify Mr. Litz from
any and all claims, demands, causes of action and liabilities
arising out of or relating to the services performed as the
Director for those facilities. In addition, the City would agree
to defend Mr. Litz should there be any claims, demands, causes of
action or liabilities.
ADMINISTRATION RECOMMENDATION:
The City Administration recommends that the City Commission approve
the attached Resolution for the First Amendment to the Agreement
between the City of Miami Beach and Norman Litz .
RWP:CBT: jh
Attachments
AGENDA t(-\
ITEM -
DATE O
ORIGINAL
RESOLUTION NO. 90-19855
First Amendment to agreement between the
C.M.B. and Norman Litz and authorizing the
Mayor and City Clerk to execute the first
amendment on behalf of the City.