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HomeMy WebLinkAboutCity of Tamarac Resolution R-2018-145Temp. Reso. #13190 9/26/18 Page 1 CITY OF TAMARAC, FLORIDA ` RESOLUTION NO. R-2018- / J S A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AGREEMENT AMENDMENT #3 BETWEEN THE CITY OF TAMARAC AND JEFF ELLIS MANAGEMENT, LLC, EXERCISING THE OPTION TO RENEW THE AGREEMENT TO PROVIDE SWIMMING POOL MANAGEMENT SERVICES FOR THE CAPORELLA AQUATIC CENTER, AT A COST OF $319,376.90 ANNUALLY, PLUS SHARED REVENUES, FOR A TWO-YEAR PERIOD EFFECTIVE JANUARY 1, 2019-DECEMBER 31, 2020; APPROVING FUNDING FROM THE APPROPRIATE ACCOUNTS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, The City of Tamarac awarded a contract based on RFP Number 13- 02R, to Jeff Ellis Management, LLC, for swimming pool services for the Caporella Aquatic Center; and WHEREAS, the Agreement, dated January 1, 2013, available on file at the City Clerk's Office, provides for subsequent renewal periods of two (2) years each at the discretion of the City; and WHEREAS, available funds exist in the Parks and Recreation Operating Fund budget for said purpose; and WHEREAS, it is the recommendation of the Parks and Recreation Director and Purchasing and Contracts Manager to exercise the two (2) year renewal option for the Agreement to provide Swimming Pool Management Services for the Caporella Aquatic Center, for the renewal period January 1, 2019 through December 31, 2020, with additional two (2) year renewal options available; and Temp. Reso. #13190 9/26/18 Page 2 WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interest of the citizens and residents of the City of Tamarac to exercise the two (2) year renewal option for the Agreement to provide Swimming Pool Management Services for the Caporella Aquatic Center, for the renewal period January 1, 2019 through December 31, 2020, with additional two (2) year renewal options available. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA- SECTION 1: The foregoing Whereas clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this resolution upon adoption hereof. All Exhibits attached hereto are incorporated herein and made a specific part of this resolution. SECTION 2: The City Commission hereby approves exercising the option to renew the agreement to provide Swimming pool services for the Caporella Aquatic Center, at an annual cost of $319,376.90, plus shared revenues, for a two-year period. The appropriate City officials are further authorized to execute Agreement Amendment #3 between the City of Tamarac and Jeff Ellis Management, LLC, a copy of which is attached hereto as "Exhibit 1". SECTION 3: All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. 1 1 1 Temp. Reso. #13190 9/26/18 Page 3 SECTION 5: This Resolution shall become effective immediately upon its passage and adoption. y� PASSED, ADOPTED AND APPROVED this ) r day of �" 2018. ATTEST: PATRICIA TEUF L, M CITY CLERK I HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FORM SAMUEL S. GOREN CITY ATTORNEY 151-ESSLER MAYOR RECORD OF COMMISSION VOTE: MAYOR DRESSLER DIST 1: COMM. BOLTON DIST 2: V/M GOMEZ DIST 3: COMM. FISHMAN� DIST 4: COMM. PLACKO -G TAMARAC The City For Your Life City of Tamarac Purchasing Division AGREEMENT AMENDMENT #3 BETWEEN THE CITY OF TAMARAC AND JEFF ELLIS MANAGEMENT, LLC The City of Tamarac, a municipal corporation, with principal offices located at 7525 NW 88th Avenue, Tamarac FL 33321 (CITY), and Jeff Ellis Management, LLC, a Florida Limited Liability corporation with principal offices located at PO Box 2160, Windermere, Florida 34786 (the "Contractor") agree to amend the original Agreement dated January 1, 2013 to provide for Swimming Pool Management Services at the Caporella Aquatic Center, 5300 NW 58th Ave., Tamarac, Florida. 1. Pursuant to the terms of Section 4, Contract Term, Paragraph 4.2 of the original Agreement dated January 1, 2013, between the City and Jeff Ellis Management, LLC, and in recognition of satisfactory performance under the current term of the Agreement, the CITY hereby exercises its right to renew the Agreement pursuant to the two (2) year renewal option for the term January 1, 2019 through December 31, 2020, and Contractor agrees to such renewal. 2. Please add Sections 26 to add the following requirements for compliance with Florida statutes regarding Scrutinized Companies now required to be included in all service agreements or renewals entered into after July 1, 2018 pursuant to F.S. 287- 135 and F.S. 215.473: 26) Scrutinized Companies By execution of this Agreement, in accordance with the requirements of F.S. 287-135 and F.S. 215.473, Contractor certifies that Contractor is not participating in a boycott of Israel. Contractor further certifies that Contractor is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Contractor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to Contractor of the City's determination concerning the false certification. Contractor shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. 1 � 1 of Tamarac Purchasina Division If Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. 3. There are no additional changes to this Agreement. Remainder of Page Intentionally Blank City of Tamarac Purchasing Division IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature. CITY OF TAMARAC, signing by and through its Mayor and City Manager, and Jeff Ellis Management, LLC, signing by and through its President, duly authorized to execute same. \ \IlIIIIII/// Off. Rob LL ATTTEES�T: � I Patricia A. Teufel, CMC City Clerk Date ATTEST: porate Secretary) Jonathan Hartman Type/Print Name of Corporate Secy (CORPORATE SEAL) CITY OF 1.RA Harry Dfesgier, M or Date Approved as to form and legal sufficiency: (� Sly _ , —-Oc Samuel S. Gorr-Clty Attorney Date JEFF ELLIS MANAGEMENT, LLC Compan Signature of President Jeffrey Ellis President Date City of Tamarac Purchasing Division CORPORATE ACKNOWLEDGEMENT STATE OF FLORIDA :SS COUNTY OF I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared Jeffrey President of Jeff Ellis Management, Inc., a Florida Limited Liability Corporation, to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me that he/she executed the same. WITNESS my hand and official seal this. day of2018. G/ & nlFloridda of Notary Public �• DIEM 14GIN Florida at Large Notary Public - State of My ComExpires Jan q ;. p i Type or Stamp goaded through National Naary H yp p '—"'-' "I4 a of Notary Public Personally known to me or ❑ Produced Identification Type of I.D. Produced N DID take an oath, or ❑ DID NOT take an oath. AC40RDr CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 06/25/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Shore Line Insurance Agency Inc. 8 Broadway Rocky Point NY 11778 CONTACT NAME: Margaret Norris PHONE (631) 744-1200 x303 a✓c No): (631)744 4243 E-MAIL is ADDRESS: mnorris@shorelineins.com INSURERS AFFORDING COVERAGE NAIC # INSURER A: Lexington Insurance Company 19437 INSURED Jeff Ellis Management LLC 5979 Vineland Road Ste. 105 Orlando FL 32819 INSURER B : Scottsdale Insurance Company 41297 INSURER C : StarStone National Insurance Company 25496 INSURER D: INSURER E : INSURERF: COVERAGES CERTIFICATE NUMBER: RFVISION nil IMRFR• THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR I TYPE OF INSURANCE ADDL INSD SUBR WVQ POLICY NUMBER POLICY EFF MM/DD/YYW POLICY EXP MM/DD/YYYY LIMITS X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE ❑X OCCUR Contractual Liability EACH OCCURRENCE $ 1,000,000 DAMAGE TO REN ED PREMISES Ea occurrence $ 50,000 X MED EXP (Any one person) $ Excluded PERSONAL BADVINJURY $ 1,000,000 A Y Y 023627453 06/24/2018 06/24/2019 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY ❑ JE � � LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS -COMP/OP AGG $ 2,000,000 Overall Gen Agg Cap $ 5,000,000 OTHER: Deductible ea occ. 5,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY AUTOS ONLY BODILY INJURY Per accident ( ) $ PROPERTY DAMAGE Per accident $ UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 10,000,000 B X EXCESS LIAR CLAIMS -MADE Y Y NXS0003878 06/24/2018 06/24/2019 AGGREGATE $ 10,000,000 DED I I RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? ❑ N /A PER OTH- STATUTE I ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ (Mandatory in NH) If yes, describe under E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS below C Excess Umbrella Policy 3M X 10M FOLLOWS FORM Y Y X85860182ALI 06/24/2018 06/24/2019 3,000,000 in excess of 10,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) Certificate holder is listed as additional insured as required by written contract only. Waiver of subrogation applies with respect to general liability as required by written contract only. v N 1 u 1�r i s I IL)N SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Tamarac ACCORDANCE WITH THE POLICY PROVISIONS. 7525 NW 88th Avenue AUTHORIZED REPRESENTATIVE Tamarac FL 33321 Fax: Email: © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 05/15/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements . 'RODUCER PAYCHEX INSURANCE AGENCY, INC. 150 SAWGRASS DRIVE ROCHESTER, NY 14620 CONTACT Paychex Insurance Agency Inc PHUNI_ FAX (A/C, NO. EXT): 877-266-6850 (A/C, No): 585-389-7426 E-MAIL ADD ESS, Certs@paychex.com INSURER(S) AFFORDING COVERAGE NAIC # VSURED INSURER A: NEW HAMPSHIRE INSURANCE COMPANY 23841 Paychex Business Solutions LLC Jeff Ellis Management LLC INSURER B: INSURER C: 911 PANORAMA TRAIL SOUTH ROCHESTER, NY 14625-0397 INSURER D: INSURER E: INSURER F: :OVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. SR rR TYPE OF INSURANCE INSR SU U POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DDIYYYY) LIMITS GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS-MADE�OCCUR EACH OCCURRENCE $ DAMAGE TO RENTED $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ EN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ POLICY = PROJECT= LOC $ AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ ALL OWNED SCHEDULED AUTOS AS HIREDAUTOS NON -OWNED AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ UMBRELLA LIAR OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS -MADE AGGREGATE $ DED RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS'LIABILITY 039713735 06/01/2018 06/01/2019 X WC STATU- OTH- To YLI.T. E.L. EACH ACCIDENT $ 1,000,000.00 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. DISEASE - EA EMPLOYEE $ 1,000,000.00 OFFICER/MEMBER EXCLUDED? YIN (Mandatory in NH) N If yes, describe under N/A E.L. DISEASE -POLICY LIMIT $ 1,000,000.00 ESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Worker's Compensation coverage is provided to only those employees leased to, but not subcontractors of the named insured. 'ERTIFICATE HOLDER CANCELLATION CITY OF TAMARAC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION 7525 NW 88TH AVENUE DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY TAMARAC, FL 33321 PROVISIONS, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE e^�, WORD 25 (2010/05) 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD