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HomeMy WebLinkAboutCity of Tamarac Resolution R-2017-136Temp. Reso. #13044 11/28/17 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2017- 136 6 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AGREEMENT AMENDMENT #1 BETWEEN THE CITY OF TAMARAC AND SUPERSPORTS OF BROWARD COUNTY, COMPANY, INC., EXERCISING THE FIRST OF THREE ONE YEAR OPTIONS TO RENEW THE AGREEMENT TO PROVIDE FOR SPORTS OFFICIATING SERVICES AT A COST OF $59,357 FOR A ONE-YEAR PERIOD EFFECTIVE DECEMBER 14, 2017-DECEMBER 13, 2018; AUTHORIZING THE CITY MANAGER TO APPROVE AND EXECUTE ALL FUTURE RENEWAL OPTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, The City of Tamarac awarded a contract based on Bid #16-02B, to Supersports of Broward County, Co., Inc., for sports officiating services; and WHEREAS, the Agreement, dated December 14, 2015, on file and available in the office of the City Clerk, provides for an original term of two (2) years and three (3) additional one-year renewal periods at the discretion of the City; and WHEREAS, Supersports of Broward County, Co., Inc., has successfully performed for the City during the original term of the Agreement; and WHEREAS, as a result of this positive performance, the City wishes to renew the Agreement for a one-year period; and Temp. Reso. #13044 11/28/17 Page 2 WHEREAS, this is the first of the three (3) one-year renewal options; and WHEREAS, it is the recommendation of the Director of Parks and Recreation and the Purchasing and Contracts Manager to exercise the first one-year renewal option for the Agreement to provide Sports Officiating Services, for the renewal period of December 14, 2017 through December 13, 2018, with two (2) additional one-year renewal options available; and 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 first one-year renewal option for the Agreement to provide Sports Officiating Services for the renewal period of December 14, 2017 through December 13, 2018, with two (2) additional one-year renewal options available; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA THAT: 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. Temp. Reso. #13044 11/28/17 Page 3 SECTION 2: The appropriate City officials are hereby authorized to execute Agreement Amendment #1 between the City of Tamarac and Supersports of Broward County, Co., Inc., exercising the first option to renew the agreement to provide Sports Officiating services at cost of $59,357, for a one-year period, a copy of which is attached hereto as "Exhibit 1 ". SECTION 3: The City Manager is hereby authorized to approve and execute all additional renewal options for this Agreement. SECTION 4: All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 5: 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. SECTION 6: This Resolution shall become effective immediately upon its passage and adoption. SECTION 7: If any clause, section, other part or application of this Resolution is Temp. Reso. #13044 11/28/17 Page 4 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. SECTION 8: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this ATTEST: PATRICIA TEUFEL, CMC CITY CLERK I HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FORM SAM EL S. GOREN CITY ATTORNEY 13 day of �i ✓ 2017. i RRY DIREssLER MAYOR RECORD OF COMMISSION VOTE: MAYOR DRESSLER DIST 1: COMM. BOLTON DIST 2: V/M GOMEZ DIST 3: COMM. FISHMAN DIST 4: COMM. PLACKO 1 1 1 of Tamarac AGREEMENT AMENDMENT #1 BETWEEN THE CITY OF TAMARAC AND SUPERSPORTS OF BROWARD COUNTY, CO., INC. Purchasing Division The CITY OF TAMARAC (City) and Supersports of Broward County, Co., Inc., a Florida Corporation, with principal offices located at 11871 S.W. 81h Court, Davie, FL 33325, (the "Contractor"), agree to amend the original Agreement as follows: 1. Pursuant to the terms of Section 4, "Term", of the original Agreement for the purpose of providing for Sports Officiating Services to the City of Tamarac, dated December 14, 2015, the City and the Contractor exercise the first one (1) year renewal option for the term December 14, 2017 through December 13, 2018 at the same terms, conditions and pricing as the original Agreement 2. All other portions of the original Agreement are in effect as written. Remainder of Page Intentionally Blank C,it.y 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 CONTRACTOR, signing by and through its President duly authorized to execute same. Patricia A. Teufel, C C City Clerk / Ai Date ATTEST: Signature of Corporate Secretary Type/Print Name of Corporate Secy (CORPORATE SEAL) CITY OF TAMARAC __ 1.r jW--, Ha ry Dr ler , Mayor (17 Michael C. Cernech, City Manager Date Approved as to form and legal sufficiency: CI torney Date Supersports of Broward County, Co. Inc. Company Name Signature of President/Owner Robert H. Segal Type/Print Name of President/Owner IZ,L) Date City of Tamarac Purchasing Division CORPORATE ACKNOWLEDGEMENT STATE OF\tzS-Jjq 1�- 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 Robert H. Segal, President of Supersports of Broward County, Co. Inc., a Florida 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 of;41 - V\i?y , 20 ,�SY P�je WADE GARFIDaA Notary Public - S s _ Commission # �o;�,F��;� My Comm. Expire Bonded through Nati. 3 Signatu4 oflNotary Public 11 State of Flo ida at Large ---JPr%1t, Type or Stamp Name of Notary Public A. [9- Personally known to me or B. ❑ Produced Identification Type of I.D. Produced ❑ DID take an oath, or [ DID NOT take an oath. ACOR1Y CERTIFICATE OF LIABILITY INSURANCE `.�-�-� ATE(MM/DD/YYYY) r08/10/2017 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 CONTACT NAME: PHCN o Xt : 260-969-5203 aC No): 260-969-4729 American Specialty Insurance &Risk Services, Inc. E-MAIL ADDRESS: INSURERS AFFORDING COVERAGE NAIC# 7609 W. Jefferson Blvd., Suite 100 INSURERA: Arch Insurance Company 11150 Fort Wayne IN 46804 INSURED INSURER B National Association of Sports Officials (NASO) INSURER C : 2017 Lathrop Avenue INSURER D : INSURER E : Racine WI 53405 INSURER F : COVERAGES CERTIFICATE NUMBER: 1001477574 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. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVDI POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS X 1 COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE [XI DAMAGES RENTED PREMISES Ea occurrence $ 1,000,000 ---���-----��� MED EXP (Any one person) $ Excluded --.. PERSONAL & ADV INJURY $ 1,000,000 A --J Y SBCGL0279700 08/01/2017 08/01/2018 AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 5,000,000 GEN'L X POLICY RO- l: �i JECPT a LOC OTHER: OTHER PRODUCTS - COMP/OP AGG $ 5A00,000 $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ BODILY INJURY (Per person) $ ANY AUTO r OWNED �� SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB ___ CLAIMS -MADE AGGREGATE $ DED RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N PER OTH- STATUTE I I ER E.L. EACH ACCIDENT $ ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? ❑ N/A E.L. DISEASE - EA EMPLOYEE $ (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Coverage applies to SUPERSPORTS OF BROWARD COUNTY, INC, 11871 SW 8TH COURT, DAVIE, FL 33325. The Certificate Holder is only an Additional Insured with respect to liability caused by the negligence of the Named Insured as per Form 00 SGL0026 00 Additional Insured - Certificate Holders, effective August 10, 2017. GtK 111-IGA I t MULUtK GANGtLLA I IUN CITY OF TAMARAC 8601 WEST COMMERCIAL BLVD TAMARAC FL 33351 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Wednesday, November 29, 2017 To whom it may concern, This letter serves to explain how the laws of Florida, the FHSAA (Florida High School Activities Association), the local school board offices, and liability insurance are utilized during the process of awarding contracts to officiating services. Although some minor modifications may take place depending on the concerns of the vendor, the information contained in this letter is what generally occurs when contracting officiating services. The two laws that mostly involve officials have to do with workmen's compensation, as well as the laws regarding sexual predators. The workmen's compensation law that specifically pertains to sports officials is covered in Chapter 440, item 11, which indicates that all sports officials who are not directly employed with the school boards are considered independent contractors and therefore are not employees. Therefore, no workmen's compensation insurance certification is required. The second law pertains to the background checks on sports officials in compliance with the sexual predator laws (Jessica Lunsford act of 2006). The FHSAA in combination with the local school boards have been working together to mandate background checks on officials every 5 years. Any prospective individual who desires to work as a sports official must submit to a thorough background check. Any felony found on the record of an individual is investigated and a decision is reached on their status. This procedure is one of the main reasons why my company only hires high school officials, as their approved status indicates that they are in compliance with the laws in regards to the protection of children. Also, it should be noted that any infraction that is discovered between those 5 years is brought to my attention, as to ensure up to date information on each and every sports official. Finally, most vendors require being an additional insured on the liability insurance. This procedure is easily done and is generally the final piece to the awarding of services to an officials association. Of course, there can be other things such as having a business tax license, the company status being up to date, and other things of that nature. I hope this letter has cleared up any confusion or concerns. Sincerely, Robert H Segal