AMENDMENT TO THE MEMORANDUM OF AGREEMENT REGARDING THE CLEARWATER EMPLOYEE HEALTH CENTERAMENDMENT TO THE MEMORANDUM OF AGREEMENT BETWEEN
THE CITY OF CLEARWATER AND THE CITY OF DUNEDIN
REGARDING THE CLEARWATER EMPLOYEE HEALTH CENTER
THIS AMENDMENT TO THE MEMORANDUM OF AGREEMENT, made and entered
into this ter'( day of C , 2013, by and between the CITY OF
CLEARWATER, a Florida municipal corporation, hereinafter referred to as "CITY," and the CITY
OF DUNEDIN, a Florida municipal corporation, hereinafter referred to as "DUNEDIN."
WHEREAS, the CITY and DUNEDIN have determined to provide certain medical services for
participants in their respective group medical plans; and
WHEREAS, the CITY and DUNEDIN have entered into an Agreement to participate in a cost -
sharing arrangement allowing for the use of the City of Clearwater Employee Health Center,
administered by CareATC, by employees, retirees, and their dependents under the City of Dunedin
medical plan; and
WHEREAS, the CITY and DUNEDIN wish to further amend the Agreement in order to provide
for a new termination date;
NOW THEREFORE, in consideration of the premises and mutual covenants contained herein,
the parties agree as follows:
1. The CITY and DUNEDIN agree to extend the date of termination as provided in Paragraph 16 of the
Agreement from that indicated to September 30, 2013.
2. All covenants, agreements, promises and provisions of the Agreement shall continue in force and be
binding upon and inure to the benefit of the parties hereto.
3. Each party hereto agrees to indemnify and hold the other harmless, to the extent allowed under
Section 768.28, F.S., from all claims, loss, damage and expense, including attorney fees and costs
and attorney fees and costs on appeal, arising from this Amendment to the Agreement between the
CITY and DUNEDIN. Such indemnification shall include reasonable attorney's fees and costs for
all proceedings at the trial and appellate level. This provision does not constitute a waiver of any
party's sovereign immunity under Section 768.28, F.S. or extend any party's liability beyond the
limits established in Section 768.28, F.S
4. This Amendment has been executed and delivered in the State of Florida and shall be construed and
enforced in accordance with and governed by the laws of the State of Florida. Any legal action or
proceeding relating to this Amendment shall be instituted in a state court in Pinellas County, Florida,
or a federal court in Hillsborough County, Florida, and each party hereby submits to the personal
jurisdiction of such courts and waives any defense related to venue or forum non conveniens.
5. This Amendment may not be changed, waived, discharged or terminated orally, but only by an
instrument in writing, signed by both parties.
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IN WITNESS WHEREOF, the City of Clearwater and the City of Dunedin have executed this
Amendment to the Memorandum of Agreement with an effective date of .5'11 , 2013, by the
undersigned:
Signed:
David ggers
Mayor
Approved as to form:
as J. Tr
City Attorne
Countersigned:
"'gap/le/WM:05
George N. Cretekos
Mayor
By:
CITY OF DUNEDIN, FLORIDA
Robert DiSpiri
City Mana
Attest:
•
Denise Schlegel
City Clerk
CITY OF CLEARWATER, FLORIDA
By: '1.1..S . iI- . -tA47Z
William B. Horne II
City Manager
Approved as to form: Attest:
Leslie K. Dougal ides
Assistant City Attorney
Rosemarie Call
City Clerk
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