Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
City of Tamarac Resolution R-2014-135
Temp. Reso. #12584 10/17/14 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2014- /36 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 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, 2015-DECEMBER 31, 2016; 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, attached hereto as "Exhibit 1", 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 Temp. Reso. #12584 10/17/14 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, 2015 through December 31, 2016, 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, 2015 through December 31, 2016, 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 appropriate City officials are hereby authorized to execute Agreement Amendment #1 between the City of Tamarac and Jeff Ellis Management, Temp. Reso. #12584 10/17/14 Page 3 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 2". 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 passage and adoption. immediately upon its Temp. Reso. #12584 10/17/14 Page 4 PASSED, ADOPTED AND APPROVED this day of ,, 2014. RY DRESSLER MAYOR ATTEST: a. PATRICIA TEUFL, 'CMC CITY CLERK v RECORD OF COMMISSION VOTE: MAYOR DRESSLER DIST 1: V/M BUSHNELL Vtsell DIST 2: COMM. GOMEZ DIST 3: COMM. GLASSE DIST 4: COMM. PLACKO -� HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FORM ��CITY ATTORNEY AGREEMENT BETWEEN THE CITY OF TAMARAC AND JEFF ELLIS MANAGEMENT, LLC THIS AGREEMENT is made and entered into this 1 day of , 20 3, by and between the City of Tamarac, a municipal corporation with principal offices located at 7525 N.W. 88th Ave., Tamarac, FL 33321 (the "City") and Jeff Ellis Management, LLC, a Florida Limited Liability with principal offices located at 508 Goldenmoss Loop, Ocoee, Florida 34781 (the "Contractor") to provide for Swimming Pool Management Services . Now therefore, in consideration of the mutual covenants hereinafter set forth, the City and Contractor agree as follows: 1) The Contract Documents The Contract Documents consist of this Agreement, Proposal Document No. 13-02R, "Swimming Pool Management Services, including all conditions therein, (General Terms and Conditions, Special Conditions and/or Special Provisions), drawings, Technical Specifications, all addenda, the Contractor's bid/proposal included herein, and all modifications issued after execution of this Agreement. These contract documents form the Agreement, and all are as fully a part of the Agreement as if attached to this Agreement or repeated therein. In the event that there is a conflict between the RFP 12-03R as issued by the City, and the Contractor's Proposal, RFP 13-02R as issued by the City shall take precedence over the Contractor's Proposal. Furthermore, in the event of a conflict between this document and any other contract documents, this Agreement shall prevail. 2) The Work 2.1 The Contractor shall perform all work for the City required by the contract documents as set forth below: 2.1.1 Contractor shall furnish all labor, materials, and equipment necessary to provide Swimming Pool Management Services for the Caporella Aquatic Center located at 9300 NW 58th Ave., Tamarac, Florida. 2.1.2 Contractor shall provide a lifeguard staff with minimum age of 16 years old. 2.1.3 Contractor shall supervise the work force to ensure that all workers conduct themselves and perform their work in a safe and professional manner. Contractor shall comply with all OSHA safety rules and regulations in the operation of equipment and in the performance of the work. Contractor shall at all tunes have a competent field supervisor on the job site to enforce these policies and procedures at the Contractors expense. 2.11.4 Contractor shall provide the City with seventy-two (72) hours written notice prior to the commencement of services under this Agreement and prior to any schedule change with the exception of changes caused by inclement weather. 2.1.5 Contractor shall comply with all performance requirements, hold all licenses or 1 City of Tamarac Pumhasi and Contracts Dh4sion certifications, and provide employees with the appropriate experience as outlined in the Section V "Statement of Work" of the RFP 13-02R as issued by the City. 2.1.5 Contractor shall comply with any and all Federal, State, and local laws and regulations now in effect, or hereinafter enacted during the term of this Agreement, which are applicable to the Contractor, its employees, agents or subcontractors, if any, with respect to the work and services described herein. 3) Insurance 3.1. Contractor shall obtain at Contractor's expense all necessary insurance in such form and amount as specified in the original bid or proposal document or as required by the City's Risk and Safety Manager before beginning work under this Agreement including, but not limited to, Workers' Compensation, Commercial General Liability, and all other insurance as required by the City, including Professional Liability when appropriate. Contractor shall maintain such insurance in full force and effect during the life of this Agreement. Contractor shall provide to the City's Risk and Safety Manager certificates of all insurances required under this section prior to beginning any work under this Agreement. The Contractor will ensure that all subcontractors comply with the above guidelines and will retain all necessary insurance in force throughout the term of this agreement. 3.2. Contractor shall indemnify and hold the City harmless for any damages resulting from failure of the Contractor to take out and maintain such insurance. Contractor's Liability Insurance policies shall be endorsed to add the City as an additional insured. Contractor shall be responsible for payment of all deductibles and self- insurance retentions on Contractor's Liability Insurance policies. 4) Contract Term 4.1 The Agreement shall commence on January 1, 2013, and shall be in place for a period of two (2) years. 4.2 The City shall reserve the right to renew at the same terms, conditions and pricing as the original Agreement for subsequent renewal periods of two (2) years each at the discretion of the City. 5� Consideration 5.1 In consideration of the Contractor's Services provided to the City, the City agrees to Pay the Contractor an Operational Fee, and a percentage of operating revenues in accordance with the provisions of the attached °Schedule of Payments' included herein as Exhibit A'. 5.1.1 Annual Operational Fee: The City shall pay to the Contractor an operational fee not to exceed Two Hundred Ninety -Four Thousand, Three Hundred Seventy -SIX Dollars and Ninety Cents ($294,376.90) in accordance with the Schedule of Payments' included herein as Exhibit " ' 5.1.2 Annual Management Fee: In addition to the Annual Operational Fee, the City agrees to pay the Contractor Management Fee, which shall be in the form of shared 2 Ci of Tamarac PumhajLT and Contracts Divisfoen revenues with the Contractor, based on the following requirements, in accordance with the Schedule of Payments» included herein as Exhibj W. 5.1.2.1 Gate Revenues: The City shall pay to the Contractor, a sum equaling 50% of all gate revenues related to the swimming pool facility as defined in the "Schedule of Payments included herein as ggbihit W. The additional 50% of revenues shall be retained by the City. 5.1.2.2 Class/Program Revenues: The City shall pay to the Contractor a sum equaling 80% of all class/program revenues as defined in the "Schedule of Payments* included herein as EX h' i " ". The additional 20% of revenues shall be retained by the City. 1.1.2.3 The Contractor shall be entitled to a minimum guaranteed annual Management Fee of Twenty -Five Thousand Dollars and No Cents ($25,000.00). In the event that the annual aggregate revenues in paragraphs 5.1.2.1 and 5.1.2.2 of this Agreement when dispersed to the Contractor total less than the minimum guaranteed annual Management fee at the end of the contract year, the City shall make a lump sum payment to the Contractor, which reflects the difference between the established Annual Management Fee and the actual total of aggregate revenues dispersed. Such lump sum payment shall be made in arrears. In the event that revenues completely cover the minimum management fee, the City will not. be liable for payment of the fee for that contract year; however, Contractor will continue to receive revenue from the contracted percentage of gate and class/program fees. 5.1.3 After Hours Facility Use By City: If the City schedules to use the pool facility during the established operating hours for a special program or activity, the City shall provide the Contractor a minimum of seven (7) days notice and compensate the Contractor as follows: 6.1.3.1 City shall compensate the Contractor at a rate of $125 per hour plus actual labor costs. 5.1.3.2 Contractor will determine amount of lifeguards needed based on size and scope of program. 5) Performance Guarantees The City requires the Contractor to meet certain performance guarantees in support of the City's Strategic Mission, Vision and Goals, while performing under this Agreement. The Contractor shall agree to the following: 6.1 During the normal course of business, the City provides on -site transactional surreys regarding the operation and services provided at the Caporella Aquatic Center. A copy of the Survey is included herein as Exhibit A. The Contractor shall have a goal of receiving positive rankings of W or "5" for 90% of the surveys received that relate to the Caporella Aquatic Center on a monthly basis. 6.2 The City desires that the Contractor expand existing programs available at the Caporella 3 City of Tamarac Purchasing and Contracts Division Aquatic Center in order to provide for a more diverse use of the facility. The Contractor shall be responsible for meeting the following programming goals for each of the two (2) years of the initial term of this Agreement. Goals for any additional extension of this Agreement will be determined at the time of such renewal as applicable. 6.2.1 During year one (1) of the Agreement, Contractor shall add two (2) new programs, with an enrollment of at least 6096 of the class capacity. 6.2.2 During year two (2) of the Agreement, Contractor shall maintain the programs, in place at the end of the year one (1) at 78% of the class capacity, and shall add at least two (2) additional programs with an enrollment of at least 7896 of class capacity. 6.3 The City will monitor the Contractor's progress on each of the goals on a monthly basis, and shall provide appropriate feedback to the Contractor at a minimum of once per month, regarding the Contractor's process. 6.4 The City reserves the right to withhold up to ten percent (10%) of the Contractors monthly Management Fee on a month by month basis under the following conditions 6.4.1 In the event that the Contractor fails to most the required goal for transactional survey responses per the requirements of Section 6.1 herein for a period of three (3) consecutive months. Ten percent (10%) of the monthly Management Fee will be withheld for each of month following the non -compliant three (3) month period, until transactional survey scores return to the level required by Section 6.1 herein. 6.4.2 The Contractor fails to meet the required goal for the establishment of six (6) programs to be in place by the one (1) year anniversary date of the Agreement for year one (1); or fails to meet the required goal for establishment of three (3) programs to be in place within nine (9) months after the one (1) year anniversary date of the Agreement, as enumerated in Section 6.1 herein. Ten percent (10%) of the monthly Management Fee will be withheld for each month following the specific benchmark date shown in Bastion 6.4.2 until Contractor is compliant with the requirements of Section 6.2 herein. 6.5 In the event that the Contractor fails to comply with the requirements of Sections 6.1 and 6.2 herein, for a period of six (6) consecutive months, the City reserves the right to take additional corrective actions including, but not limited to remedies outlines in Sections 9 (Remedies) and 15 (Termination). 7) Payments Payment by the City will be made to the Contractor on a monthly basis in arrears, upon receipt of a detailed, accurate invoice from the Contractor, in accordance with the provisions of Section 5 "Consideration" of this agreement. All payments shall be dispersed prior to the 10th day of each month. All payments shall be governed by the Florida Prompt Payment Act, F.S., Part VII, Chapter 218 4 .2tk of Tamarac Purchasing and Contracts Division 8) Indemnification 8.1 GENERAL INDEMb IFIQATION: Contractor shall, in addition to any other obligation to indemnify the City and to the fullest extent permitted by law, protect, defend, indemnify and hold harmless the City, their agents, elected officials and employees from and against all claims, actions, liabilities, losses (including economic losses), costs arising out of any actual or alleged: a). Bodily injury, sickness, disease or death, or injury to or destruction of tangible property including the loss of use resulting therefrom, or any other damage or loss arising out of or resulting, or claimed to have resulted in whole or in part from any actual or alleged act or omission of the Contractor, any sub -Contractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable in the performance of the Work; or b). violation of law, statute, ordinance, governmental administration order, rule, regulation, or infringement of patent rights by Contractor in the performance of the Work; or 0. liens, claims or actions made by the Contractor or any sub -Contractor under workers compensation acts; disability benefit acts, other employee benefit acts or any statutory bar. Any cost of expenses, including attorney's fees, incurred by the City to enforce this agreement shall be borne by the Contractor. 8.1.1 Upon completion of all Services, obligations and duties provided for in this Agreement, or in the event of termination of this Agreement for any reason, the terms and conditions of this Article shall survive indefinitely. 8.1.2 The Contractor shall pay all claims, losses, liens, settlements or judgments of any nature whatsoever in connection with the foregoing indemnifications including, but not limited to, reasonable attorneys fees (including appellate attorney's fees) and costs. 8.1.3 City reserves the right to select its own legal counsel to conduct any defense in any such proceeding and all costs and fees associated therewith shall be the responsibility of Contractor under the indemnification agreement. Nothing contained herein is intended nor shall it be construed to waive City's rights and immunities under the common law or Florida Statute 788.28 as amended from time to time. 9) Remedies 9.1 Damages: The City reserves the right to recover any ascertainable actual damages incurred as a result of the failure of the Contractor to perform in accordance with the requirements of this Agreement, or for losses sustained by the City resultant from the Contractor's failure to perform in accordance with the requirements of this Agreement. 9.2 Correction of Work: If, in the judgment of the City, work provided by the Contractor does not conform to the requirements of this Agreement, or if the work exhibits poor workmanship, the City reserves the right to require that the Contractor correct all deficiencies in the work to bring the work into conformance without additional cost to the City, and / or replace any personnel who fail to perform in accordance with the requirements of this Agreement. The City shall be the sole judge of non-conformance and the quality of workmanship. 5 City of Tamarac Purchasiro and Contracts Division 10) Change Orders or Agreement Amendments Without invalidating the contract, without any monetary compensation, and without notice to any surety, the City reserves and shall have the right to make increases, decreases or other changes to the work as may be considered necessary or desirable to complete the proposed engagement in a satisfactory manner. The Contractor shall not start work pursuant to a change order or agreement amendment until such document setting forth the adjustments is approved by the City, and executed by the City and Contractor. Once the change order or agreement amendment is so approved, the Contractor shall promptly proceed with the work. The Contract Price constitutes the total compensation (subject to authorized adjustments, if applicable) payable to the Contractor for performing the work. All duties, responsibilities and obligations assigned to or undertaken by the Contractor shall be at Contractor's expense without change in the Contract Price or Time except as approved in writing by the City. The Contract Price andfor Time may only be changed by a change order or agreement amendment. A fully executed change order ! agreement amendment for any additional duties must exist before such extra duties are initiated. Any claim for an increase or decrease in the Contract Price shall be based on written notice delivered by the party making the claim to the other party promptly (but in no event later than 15 days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. The amount of the claim with supporting data shall be delivered (unless the City allows an additional period of time to ascertain more accurate data in support of the claim) and shall be accompanied by claimant's written statement that the amount claimed covers all known amounts to which the claimant is entitled as a result of the occurrence of said event. No claim for an adjustment. in the Contract Price will be valid if not submitted in accordance with this Paragraph. In the event satisfactory adjustment cannot be reached by the City and the Contractor for any item requiring a change in the contract, and a change order or agreement amendment has not been issued, the City reserves the right at its sole option to terminate the contract as it applies to these items in question and make such arrangements as the City deems necessary to complete the work. The cost of any work covered by a change order or agreement amendment for an increase or decrease in the contract price shall be determined by mutual acceptance of a Guaranteed Maximum Price by the City and Contractor. If notice of any change in the contract or contract time is required to be given to a surety by the provisions of the bond, the giving of such notice shall be the Contractor's responsibility, and the amount of each applicable bond shall be adjusted accordingly. The Contractor shall fumish proof of such adjustment to the City. Failure of the Contractor to obtain such approval from the Surety may be a basis for termination of this Contract by the City. 11) Non-0Iscrimination S Equal Opportunity Employment During the performance of the Contract, the Contractor shall not discriminate against any employee or applicant for employment because of race, color, sex, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, or disability if qualified. The Contractor will take affirmative action to ensure that employees are treated during employment, without regard to their race, color, sex, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, or disability if qualified. Such actions must include, but not be limited to, the following: employment, promotion; demotion or transfer; recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor shall agree to post in conspicuous 6 City of Tamarac Purchas and Contracts Division places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. The Contractor further agrees that he/she will ensure that Sub -Contractors, if any, will be made aware of and will comply with this nondiscrimination clause. 12) Independent Contractor This Agreement does not create an employee/employer relationship between the Parties. It is the intent of the Parties that the Contractor is an independent contractor under this Agreement and not the City's employee for any purposes, including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Worker's Compensation Act, and the State Unemployment Insurance law. The Contractor shall retain sole and absolute discretion in the judgment of the manner and means of carrying out Contractor's activities and responsibilities hereunder provided, further that administrative procedures applicable to services rendered under this Agreement shall be those of Contractor, which policies of Contractor shalt not conflict with City, State, or United States policies, rules or regulations relating to the use of Contractor's funds provided for herein. The Contractor agrees that it is a separate and independent enterprise from the City, that it had full opportunity to find other business, that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work. This Agreement shall not be construed as creating any joint employment relationship between the Contractor and the City and the City will not be liable for any obligation incurred by Contractor, including but not limited to unpaid minimum wages and/or overtime premiums. 1 3) Assignment and Subcontracting Contractor shalt not transfer or assign the performance required by this Agreement without the prior consent of the City. This Agreement, or any portion thereof, shall not be subcontracted without the prior written consent of the city. 14) Notice Whenever either party desires or is required under this Agreement to give notice to any other party, it must be given by written notice either delivered in person, sent by U.S. Certified Mail, U.S. Express Mail, air or ground courier services, or by messenger service, as follows: CITY City Manager City of Tamarac 7525 N.W. 88th Avenue Tamarac, FL 33321 With a copy to City Attorney at the following address: Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Blvd., Suite 200 Fort Lauderdale, FL 33308 City of Tamarac PurchagL%, and Contracts Division ■ r._��.....r. r ��....�r_ a. rr � r wr��.�r.rr..r+._.w�rrr• i - -r • � CONTRACT R Jeff Ellis Management, LLC 508 Goldenmoss Loop Ocoee, Florida 34761 Attn: Elaine Cinelli, Vice President (800) 742-8720 Fax: (800) 787-8950 15) Termination 15.1 Termination for Convenience: This Agreement may be terminated by the City for convenience, upon seven (7) days of written notice by the City to the Contractor for such termination in which event the Contractor shall be paid its compensation for services performed to termination date, including services reasonably related to termination. In the event that the Contractor abandons this Agreement or causes it to be terminated, Contractor shall indemnify the city against loss pertaining to this termination. 15.2 Default by Contractor: In addition to all other remedies available to the City, this Agreement shall be subject to cancellation by the City for cause, should the Contractor neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure shall continue for a period of thirty (30) days after receipt by Contractor of written notice of such neglect or failure. 16) Uncontrollable Forces 16.1 Neither the City nor Contractor shall be considered to be in default of this Agreement if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non -performing party could not avoid. The term "Uncontrollable Forces" shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Agreement and which is beyond the reasonable control of the nonperforming party. It includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and governmental actions. 16.2 Neither party shall, however, be excused from performance if nonperformance is due to forces, which are preventable, removable, or remediable, and which the nonperforming party could have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The nonperforming party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Agreement. 16.3 In the event that the Aquatic Center facility is closed due to uncontrollable forces as indicated in Section 15.1 of this Agreement, the Contractor shall not bill the City for the cost of hourly employees who are not working, unless such employees have been tasked to complete maintenance at the facility in an effort to restore the facility to operational status. Work provided by managerial and supervisory personnel who are working regardless of whether the facility is open, will continue to be compensated in a normal manner as provided by this Agreement. 8 17) Agreement Subject to Funding This agreement shall remain in full force and effect only as long as the expenditures provided for in the Agreement have been appropriated by the City Commission of the City of Tamarac in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. 18) Venue This Agreement shall be governed by the laws of the State of Florida as now and hereafter in force. The venue for actions arising out of this agreement is fixed in Broward County, Florida. 19) Signatory Authority The Contractor shall provide the City with copies of requisite documentation evidencing that the signatory for Contractor has the authority to enter into this Agreement. 20) Severability; Waiver of Provisions Any provision in this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof or affecting the validity or enforceability of such provisions in any other jurisdiction. The non -enforcement of any provision by either party shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the remainder of this Agreement. 21) Merger; Amendment This Agreement constitutes the entire Agreement between the Contractor and the City, and negotiations and oral understandings between the parties are merged herein. This Agreement can be supplemented and/or amended only by a written document executed by both the Contractor and the City. 22) No Construction Against Drafting Party Each party to this Agreement expressly recognizes that this Agreement results from the negotiation process in which each party was represented by counsel and contributed to the drafting of this Agreement. Given this fact, no legal or other presumptions against the party drafting this Agreement concerning its construction, interpretation or otherwise accrue to the benefit of any party to the Agreement, and each party expressly waives the right to assert such a presumption in any proceedings or disputes connected with, arising out of, or involving this Agreement. 22) Budgetary Constraints In the event the City is required to reduce contract costs due to budgetary constraints, all services specified in this document may be subject to a permanent or temporary reduction in budget. In such an event, the total cost for the affected service shall be reduced as required. The Contractor shall also be provided with a minimum 30-day notice prior to any such reduction in budget. 9 . City of Tamarac tracts 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 Vice President, duly authorized to execute same. ATTEST: 00 Patricia A: Teufel,le CMC Interim City Clerk Date ATTEST: "Ir- IffqI orate ec,retary) oein i waviscv, nnayvr City Manager 1 \41w1w, t e 10 Date: to fomypnd legal sufficiency: z city #ftorney JEFF ELLIS MANAGEMENT, LLC Company Name Signature of President r��'^"��t M (5 Elaine Cinelli Type/Print Name of Corporbte Secy. President %t \ ON%\ 7wb L 20me (CORPORATE SEAL) 1380 1 .PA of Tamarac PumhosIng and Contracts Division CORPORATE ACKNOWLEDGEMENT STATE OF pjtj p A :SS COUNTY OF no 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 Elaine Cinelli, Vice President of Jeff Ellis Management, LLC, a Florida Limited Liability Company, 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.N.0V w1 &g 20 U. tlotr� P+�Ik • itaa of A�rle� �►► comma. � a, �o�s c !� K SM4 MNIr1 �� Signature of Notary Public State of Florida at Large -e W7 0 'Print, Type or Stamp Name of Notary Public Personally known to me or ❑ Produced Identification Type of I.D. Produced DID take an oath, or ❑ DID NOT take an oath. Ctty of Tamarac Purrchasiry and Contracts Division Exhibit A PAYMENT SCHEDULE 1) Effective from the City designated notice to proceed date through Agreement Term: 1.1 Operational Fee: 1.1.1 Year One: Fixed monthly operational Fee: $2Q 37 .21 / month x eight (8) months 1.1.2 Year One: Fixed monthly operational Fee: SaQ.37 . / month x one (1) month. 1.1.3 Year One: Fixed monthly operational Fee: S7 0 / month x three (3) months 1.1.4 Year Two: Fused monthly operational Fee: $30, :75 21r / month x eight (8) months 1.1.5 Year Two: Fixed monthly operation Fee: $30.375-22/ month x one (1) month 1.1.6 Year Two: Fixed monthly operation Fee: $7,000,0Q / month x three (3) months. TOTAL OPERATIONAL FEE: $294178.90 1.2 Management Fee: 1.2.1 Gate Revenue: • 50% of gate revenue to be paid to Contractor. • 50% of gate revenue to be retained by City. 1.2.2 Class/Program Revenue: • 80% of class/program revenue to be paid to Contractor. • 20% of class/program revenue to be retained by City. 1.2.3 Minimum guarantee: • Contractor shall receive minimum guaranteed revenue of $25,000. • If annual aggregate revenues dispersed to Contractor are less than $25,000, City shall make a 1-time lump sum payment to Contractor reflecting difference between annual revenues dispersed, and the $25,000 minimum guarantee. Such payment shall be made in arrears after the completion of each full year of the term of this Agreement. • Gate Revenue: Gate revenue is defined as monies taken in by the City for general admission into the pool. This includes individual and group entry fees, as well as any pool membership fees collected. • Class/Program Revenue: Class/Program revenue is defined as participant registration fees collected by the City for 12 -City of Tamarac Purchasira and Contracts Division instructional classes, swim lessons and Contractor initiated special events. In addition, this revenue includes reimbursement funds from the Broward County Swim Central Program swim lessons. MINIMUM MANAGEMENT FEE: azs.000.00 TOTAL MINIMUM FEE: j319v376e90 (Operational Fee plus Minimum Management Fee) 1.3 Cost for After Hours Use: $125..02 1 hour 13 City of Tarnarac AGREEMENT AMENDMENT #1 BETWEEN THE CITY OF TAMARAC B� JEFF ELLIS MANAGEMENT, LLC Purchasing 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 508 Goldenmoss Loop, Ocoee, Florida 34761 (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, 2015 through December 31, 20161 and Contractor agrees to such renewal. Remainder of Page Intentionally Blank City (.--,)f Tamarac CORPORATE ACKNOWLEDGEMENT STATE OF FLORIDA :SS COUNTY OF_Of � Ptirchasil)g Division I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the Countyaforesaid to take acknowledgments, personally appeared 9 � p Y pp 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 oft" , 2014. 1 /J-%&�6'ture of Notary Public State N at rge ���`�P�Y p�6 ��� ? «gib : Notary Public - State of Florida _' • = My Comm. Expires Jan 3, 2015 vLr1 Bonded ftljg 6atro aR m p e m blic VPersonally known to me or El Produced Identification Type of I.D. Produced F-1 DID take an oath, or F-1 DID NOT take an oath. acc Win- DATE(MM/DD/YYYY) �....- CERTIFICATE OF LIABILITY INSURANCE 10/29/2014 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 . MUCER PAYCHEX INSURANCE AGENCY, INC. C AWGRASS DRIVE R O HESTER, NY 14620 CONTACT PHONE (A/C, NO. EXT): 877-266-6850 FAX (A/C, No): 585-389-7426 E-MAIL ADDRESSo INSURER(S) AFFORDING COVERAGE NAIC # SURED Paychex Business Solutions LLC Jeff Ellis & Associates Inc 911 PANORAMA TRAIL SOUTH ROCHESTER, NY 14625-0397 INSURER A: NEW HAMPSHIRE INSURANCE COMPANY 23841 INSURER B: INSURER C: 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. 'R R TYPE OF INSURANCE ADDLSUBR INSR D POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS-MADE[:::]OCCUR - EACH OCCURRENCE $ DAMAGE TO RENTEDPREMISES (Ea occurrence) $ MED EXP (Any one person) PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ EN'L AGGREGATE LIMIT APPLIES PER: POLICY PROJECT LOC � PRODUCTS - COMP/OP AGG $ $ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS HIRED AUTOS AWNED NON UT(5 UTOS COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ UMBRELLA LIAR EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? YIN (Mandatory in NH) N If yes, describe under N/A X 011732455 06/01 /2014 06/01 /2015 X WC STATU- TORY LIMITS OTH- ER E.L. EACH ACCIDENT $ 1,000,000.00 E.L. DISEASE - EA EMPLOYEE $ 1,000,000.00 E.L. DISEASE - POLICY LIMIT $ 1,000,000.00 :SCRIPTION 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. Waiver of Subrogation granted in favor of the certificate holder. :ERTIFICATE HOLDER Caporella Aquatic Center 5300 NW 58th Ave. Tamarac, FL 33321 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY 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 -. CORD 25 (2010/05) ©1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD CI CW A02 10 11 CERTIFICATE OF INSURANCE This certificate is issued for informational purposes only. It certifies that the policies listed in this document have been issued to the Named Insured. it does not grant any rights to any party nor can it be used, in any way, to modify coverage provided by such policies. Alteration of this certificate does not change the terms, exclusions or conditions of such policies. Coverage is subject to the provisions of the policies, including any exclusions or conditions, regard- less of the provisions of any other contract, such as between the certificate holder and the Named Insured. The limits shown below are the limits provided at the policy inception. Subsequent paid claims may reduce these limits. Certificate Holder. CAPnRELLA AQUATIC CENTER 5300 NW 58TH AVE TAMARAC, FL 33321 Named k mmd: JEFF F1.1, 1 SO MANAGE'MFNT LrL�C CEE L 34b-4 r� Automobile Liabif' Irms er Name: Allstate Insurance Company P Number. 048749664 1 -Any Auto 2 - Owned Autos Only 3 - Owned Priv. Pass. Autos Only 4 -Owned Autos Other Than Priv. Pass. Autos Only � S -Owned Autos Subject to No Fault 6 _ Owned Autos Subject to a Compulsory UM Law P �Y X 17 - Specifically Described Autos X 8 - Hired Autos Onlyv 9 - Non -owned Autos Only Poky eve Date: 1 J - 2 2 - 2 0 14 Pot Expiration Date: . � - � 2 - 2 0 : 5 Limits Of $ 1, 0 C-), 0 0 0 Combined Single Limit (each accident) Insurance. BI Per Person BI Per Accident-T— PD Per Accident ' of o rations/vocations/VehideslEndorsements/ I Provisions krterested : CER.T I FI C ATE H0L1IDER THIS CERTIFICATE DOES NOT GRANT ANY COVERAGE OR FIGHTS TO THE CERTIFICATE HOLDER IF THIS CERTIFICATE INDICATES THAT THE CERTIFICATE HOLDER IS AN ADDITIONAL INSURED, THE POLICY(IES) MUST EITHER BE ENDORSED OR CONTAIN SPECIFIC LANGUAGE PROVIDING THE CERTIFICATE HOLDER WITH ADDITIONAL INSURED STATUS. THE CERTIFICATE HOLDER IS AN ADDITIONAL INSURED ONLY TO THE EXTENT INDICATED IN SUCH POLICY LANGUAGE OR ENDORSEMENT. WARREN FTL E Yr "ICE III i 3t' f Y Date. A7/ hted material of Insurance Services Office, Inc., with its permission Awe Insurance Con parry Page 1 of 1 Insured Full Copy AC"RL)r CERTIFICATE OF INSURANCE DATE (MMIDDIYYYY) 10/28/2014 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 CAR 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 io 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). PRODUCER Shore Line Insurance AgencyInc. 8 Broadway adway P.O. Box 1059 CONTACT NAME: Margaret Norris PHOA��xt• 631 744-12Q0 Auc No : 631 744-4243 E-MAIL ADDRESS: mnorriS shorelineins.com Rocky Point, NY 11778 INSURERS AFFORDING COVERAGE NAIL # INSURER A: Navigators Insurance Company 1001825 INSURED JEFF ELLIS MANAGEMENT LLC 508 Goldenmoss Loop INSURER B :Scottsdale Insurance Company I INSURER C :Lloyds of London .2 Q85242 Ocoee, FL 34761 INSURER D : INSURER E : INSURER F Lfuvt m ulzb CERTIFICATE NUMBER: IZFVI_qInnl KJI IRARFP- 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 ADDLISUBR POLICY EFF I POLICY EXP LTR TYPE OF INSURANCE POLICY NUMBER MMIDD MMIDD LIMITS A I X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR IK CONTRACTUAL LIABILITY NY14CGL1330051C 6/24/2014 6/24/2015 EACH OCCURRENCE S 10000,000 DAMAGE TO RENTED PREMISES Ea occurrence 100,000 X MED EXP (Any one person $ 53000 PERSONAL & ADV INJURY $ 12000,1000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY f7 �E� E:] �cc OTHER: GENERAL AGGREGATE $ 2,000,000 X PRODUCTS - COMP/OP AGG S 2,000,000 DEDUCTIBLE/OCC S 59000 B AUTOMOBILE LIABILITY ANY AUTO ALL AUTOS OWNED SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS 17 UMBRELLA LIAR X OCCUR EXCESS LIAR CLAIMS -MADE 1 1 - NXS0001205 6/24/2014 6/24/2015 SINGLE LIMIT EQ aBc id $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident 5 I EACH OCCURRENCE is $ 1020003000 X AGGREGATE $ 10,000,000 DED RETENTION S $ *C *G WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF tDPERATIfNS below PROFESSIONAL LIABILITY PROFESSIONAL LIABILITY LIMB N I A B0621 PJEFOO114 B0621 PJEFOO514 5/10/2014 5/10/2014 5/10/2015 5/10/2015 STATUTE I I ER" E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE $ FE.L. DISEASE -POLICY LIMIT 1 $ 2M EACH CLAIM/2M AGGREGATE 3M EACH CLAIM/3M AGGREGATE DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) Professional Liability is afforded for their management & training only. Not in regard to actual lifeguarding. CERTIFICATE HOLDEN r.AKln_r-I I ATInKI Caporella Aquatic Center 5300 NW 58th Avenue Tamarac, FL 33321 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 w 1988-20'14 ACORD CORPORATION. All rights reserved. ACORD 25 (2Q14/01) The ACORD name and logo are registered marks of ACORD