The URL can be used to link to this page

Home My WebLink AboutCity of Tamarac Resolution R-2016-127Temp. Reso. #12855 9/19/16 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2016-a— A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AGREEMENT AMENDMENT #2 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, 2017-DECEMBER 31, 2018; 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 1 Temp. Reso. #12855 9/19/16 Page 2 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, 2017 through December 31, 2018, with additional two (2) 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 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, 2017 through December 31, 2018, 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. �l Temp. Reso. #12855 9/19/16 Page 3 SECTION 2: The appropriate City officials are hereby authorized to execute Agreement Amendment #2 between the City of Tamarac and Jeff Ellis Management, LLC, 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, 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. SECTION 5: This Resolution shall become effective immediately upon its passage and adoption. I Temp. Reso. #12855 9/19/16 Page 4 PASSED, ADOPTED AND APPROVED this `?day of , 2016. ARRY DRESSLER MAYOR ATTEST: PATRICIA TEUFEL, PC CITY CLERK RECORD OF COMMISSION VOTE: MAYOR DRESSLER DIST 1: COMM. BUSHNELL DIST 2: COMM. GOMEZ DIST 3: VICE MAYOR GLASSER DIST 4: COMM. PLACKO I HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FORM SAMUEL S. GORE CITY ATTORNEY n City of Tamarac AGREEMENT AMENDMENT #2 BETWEEN THE CITY OF TAMARAC AND JEFF ELLIS MANAGEMENT, LLC Division The City of Tamarac, a municipal corporation, with principal offices located at 7525 NW 88t" 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 58t" 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, 2017 through December 31, 2018, and Contractor agrees to such renewal. 2. Please amend the section number for Section 22 which now reads "22) Budgetary Constraints" to now read as follows: "23) Budgetary Constraints". 3. Please add Sections 24 and 25 to add the following Records Management language now required to be included in all service agreements or renewals entered into after July 1, 2016 pursuant to F.S. 119.0701 24) Public Records 24.1 The City of Tamarac is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: 24.1.1 Keep and maintain public records required by the City in order to perform the service; 24.1.2 Upon request from the City's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. City of Tamarac Division 24.1.3 Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the City. 24.1.4 Upon completion of the contract, transfer, at no cost to the City, all public records in possession of the Contractor, or keep and maintain public records required by the City to perform the service. If the Contractor transfers all public records to the City upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the City's custodian of public records in a format that is compatible with the information technology systems of the City. 24.2 During the term of the contract, the Contractor shall maintain all books, reports and records in accordance with generally accepted accounting practices and standards for records directly related to this contract. The form of all records and reports shall be subject to the approval of the City's Auditor. The Contractor agrees to make available to the City's Auditor, during normal business hours and in Broward, Dade or Palm Beach Counties, all books of account, reports and records relating to this contract. 25) PUBLIC RECORDS CUSTODIAN IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, IT IS THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: CITY CLERK 7525 NW 88TH AVENUE ROOM 101 TAMARAC, FL 33321 (954) 597-3505 City of Tamarac .. _. _ __.... Purchasing Division CITYCLERK@TAMARAC.ORG 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/Owner, duly authorized to execute same. e o ��i ® ; • _ 4v\r��'v �- AT : ST<9 ' •Rp•GOl�: . _ Patricia A. TeufeI Coc City Clerk // 116110 Date ATTEST: (Corporate Secretary) Elaine B. Cinelli Type/Print Name of Corporate Secy (CORPORATE SEAL) CITY OF TAM Harry Dressier, Mayor Date Cernech, City Manager ff-P741? Date A ro ed as Ito form and legal sufficiency: Sap6uel S. Goren, Ny Attorney ilh6b. Date JEFF ELLIS MANAGEMENT, LLC Company Name Signature of P d6nt/Owner Jeffrey L. Ellis Type/Print Name of Vice President Date of Tanzarac CORPORATE ACKNOWLEDGEMENT STATE OF FLORIDA :SS COUNTY OF f 0,ytf, Division 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 fj&,e , VjL-e- 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 thid6day of 2016. N Notaryaubl c'. State�of Floratii My Comm. Expires Jan 3, 2019 Commission # FF 157972 ame of Notary Public X Personally known to me or ❑ Produced Identification Type of I.D. Produced DID take an oath, or ❑ DID NOT take an oath.