SECOND AMENDMENT TO REVOCABLE LICENSE AGREEMENTSECOND AMENDMENT TO REVOCABLE LICENSE AGREEMENT
THIS SECOND AMENDMENT TO REVOCABLE LICENSE AGREEMENT (the
"Amendment ") is made and entered into on this 1 day of,
2014, by and between the City of Clearwater, Florida, a municipal co pfsration of the
State of Florida, hereafter referred to as "Licensor ", whose address is Attn: Parks &
Recreation Director, Post Office Box 4748, Clearwater, Florida 33758 -4748, and
EMERALD COAST BUNGEE, INC., a Florida Corporation, whose mailing address is
P.O. Box 3464, Clearwater, FL 33767, hereinafter referred to as "Licensee ", (each
individually referred to herein as "Party" or collectively as the "Parties ").
WHEREAS, the Parties entered into that certain Revocable License Agreement
(the "License Agreement ") dated June 17, 2013, amended by First Amendment to
Revocable License Agreement dated February 13, 2014, wherein the Licensee was
approved to provide entertainment concessions at Pier 60 Park.
NOW, THEREFORE, in consideration of the foregoing and the mutual covenants
contained hereinafter, the parties hereby agree as follows:
1. Recitals. The foregoing recitals are true and correct and are incorporated in and
form a part of this License Agreement.
2. Item 7 (f) is hereby revised and restated as follows:
Licensee acknowledges that it, it's applicants for employment, employees, or
volunteers, work or will work with children, the elderly, or the disabled. Therefore, if not
otherwise required to conduct background checks by law, Licensee voluntarily agrees to
register with the Florida Department of Law Enforcement ( "FDLE ") to participate in the
Volunteer & Employee Criminal History System ("VECHS ") for background checks, as
authorized by the National Child Protection Act ( "NCPA "), as amended, and Florida
Statute 943.0542 (1999), as may be amended from time to time. Licensee agrees to
secure the highest level of background screening available under VECHS, and that this
level of background screening is necessary to effectively screen out those not suitable
for contact with children, the elderly or the disabled. Licensee voluntarily agrees to
require such screenings in accordance with the processes and procedures set forth by
the FDLE and the FBI in order to secure criminal history information on its employees,
volunteers and applicants. The Licensee acknowledges that the VECHS program is not
available to entities currently mandated to obtain background checks by statute or other
law. Licensee shall pay all costs associated with such background checks and will
submit an Affidavit of Criminal Background Screening in substantially the form attached
hereto, and incorporated herein, as "Exhibit C ". Licensee shall secure releases from
screened parties, use said criminal history information only as permitted by law, and
shall unilaterally make the determination of a screened parties' fitness and suitability for
working with children, the elderly or the disabled. Licensor shall not be required to
make such a determination under any circumstance. Licensee shall submit the Affidavit
of Criminal Background Screening to Licensor prior to beginning its operations under
this agreement. If for any reason, including denial of eligibility by the Florida
Department of Law Enforcement, Licensee is unable to secure background checks in
accordance with the VECHS program, Licensee shall secure the highest level of
background screening allowed by law.
4. All of the terms and conditions of the License Agreement which are not expressly
amended or deleted herein shall continue in full force and effect.
IN WITNESS WHEREOF, the parties have executed and delivered this
Amendment the day and year first above written.
Signed in the Presence of:
Countersigned:
guts rk cre‘t�oS
George N. Cretekos
Mayor
Approved as to form:
Laura Lipowski Mahony
Assistant City Attorney
LICENSEE:
EMERALD COAST BUNGEE, INC.
Died:
By: 1
Dan No hcott
President
LICENSOR:
CITY OF CLEARWATER, FLORIDA
By: %. .
William B. Home II
City Manager
Attest:
71.4203tleA
Rosemarie Call
City Clerk
EXHIBIT "C"
AFFIDAVIT OF CRIMINAL BACKGROUND SCREENING
LICENSEE NAME:
DATE:
By signing this form, I am swearing or affirming that all individuals employed by
(Licensee) or providing services to
City under the Revocable License Agreement on behalf of Licensee on City property
have been background screened in accordance with the background screening
requirements set forth in Revocable License Agreement and been deemed eligible by
Licensee to provide services as described in Revocable License Agreement. The
information contained in this Affidavit is up to date as of the date this Affidavit is
furnished to City Parks and Recreation Department per the requirements of Section 7 (f)
of the Revocable License Agreement.
All individuals providing services under the Revocable License Agreement on City
property are listed below. Each individual shall be identified by name, birth date and
date deemed eligible.
(List of Individuals)
Signature of Affiant
Sworn to and subscribed before me this day of , 20
Notary Public
My Commission Expires:
My signature, as Notary Public, verifies the Affiant's identification has been validated by