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Home My WebLink AboutCity of Tamarac Resolution R-2009-1691 Temp. Reso. #11717 11 /10/09 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2009- /% 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 $639,339.72, FOR A TWO-YEAR PERIOD; APPROVING FUNDING FROM THE APPROPRIATE ACCOUNT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Tamarac awarded a contract based on RFP Number 05- 13R, to Jeff Ellis Management, LLC, for swimming pool services for the Caporella Aquatic Center; and WHEREAS, the Agreement, dated December 14, 2005, available for review in the office of the City Clerk, 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 final two (2) year renewal option for the Agreement to provide Swimming Pool Management Services for the Caporella Aquatic Center, for the renewal period December 14, 2009 through December 13, 2011, with no renewal options available thereafter; and Temp. Reso. #11717 11 /10/09 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 final two (2) year renewal option for the Agreement to provide Swimming Pool Management Services for the Caporella Aquatic Center, for the renewal period December 14, 2009 through December 13, 2011, with no renewal options available thereafter. 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. Exhibits attached hereto are expressly incorporated herein. 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 a cost of $639,336.72, for a two-year period, a copy of said agreement is attached hereto as "Exhibit I". 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 Temp. Reso. #11717 11 /10/09 Page 3 SECTION 5: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this IV day of , 2009. ATTEST: MARION SWENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. WIN, :�i PA i►. I W41401j, .00 BETH FLAN91BAUNPYALABISCO MAYOR Record of COMMISSION VOTE: MAYOR FLANSBAUM-TALABISCO DIST 1: COMM BUSHNELL DIST 2: COMM ATKINS-GRA DIST 3: COMM GLASSER DIST 4: VM DRESSLER Purchashig Division AGREEMENT AMENDMENT #2 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 508 Goldenmoss Loop, Ocoee, Florida 34761 (the "Contractor") agree to amend the original Agreement dated December 14, 2005 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 December 14, 2005, 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 rights renew the Agreement pursuant to the two (2) year renewal option for the term December 14, 2009 through December 13, 2011, and Contractor agrees to such renewal. 2. Amend Proposal Document No. 05-13R, Swimming Pool Management Services, Section VI, "Statement of Work", Paragraph D, `Contractor Responsibilities"_ Sub -paragraph 1 of the Contract Documents as referenced in Section 1 of the original Agreement dated December 14, 2005 as follows- 1 . The Management firm shall perform minor adjustments and maintenance to the equipment as part of this management contract at their expense. All repairs and replacement of equipment needed to continue the operation of the Aquatic Center and to maintain health and safety standards shall also will be performed by the r,eRtFaGtGr gty at theif its expense . The City will also be responsible for the maintenance and replacement of the building, structures, utilities, and surrounding areas including shrubbery, except policing for trash, waste, garbage and other debris while the facility is opened. Remainder of Page Intentionally Blank City of Tamarac Purctiasinq Divisio v 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. ATTEST: Marion Swenson, CMC City Clerk Z/c Date ATTEST: CITY OF TAMARAC Beth •. .• • Mayor -hti�� f'f a od Date ' L:V(.r.G(. Jeffrey L.Millbf, City Manager Date Approved as to form and legal sufficiency: rL411 �U Jqlh/� V"Iue,ff Goren, City Attorney Date JEFF ELLIS MANAGEMENT. LLC Company Name a 0- . A . (Corporate Secretary) Sig natur rest ent/Owner Elaine B. Cinelli Type/Print Name of Corporate Secy (CORPORATE SEAL) r Jeffrey L. Ellis Type/Print Name of Vice President 1-1110 u Date hDivision .Gof: r�{ C rrr7.3r,�r ..................... ............-_.._._.. Purchasing -- - —.._ 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 IT� of Jeff Ellis Management, Inc., a Florida Limited Li ility 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. \ �V WITNESS my hand and official seal this day of J �� i; , _ '� , 2009. t ublic �St Wid a: Large . My C&M MON Expim Jan 3. 2011 Commission N DD 626574 tamp w. otary Public E Personally known to me or ❑ Produced Identification Type of I.D. Produced ❑ DID take an oath, or ❑ DID NOT take an oath. CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YY) Producer Providence Property & Casualty PO Box 2009 Frisco, TX 75034-0052 THIS CERTIFICATE IS ISSUED AS A MATTER INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # Insured Select PEO, Inc. L/C/F Jeff Ellis Management 3820 State Street Santa Barbara, CA 93105 INSURER A: INSURER B: INSURER C: INSURER D: INSURER E: C:UV EKAGES 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 DESCRIBEDHEREIN IS SUBJECTTO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAIDCLAIMS. POLICY ADUL EFFECTIVE DATE POLICY EXPIRA7I INSR LT R INSRD TYPE OF INSURANCE POLICY NUMBER MMIDWYY DATE MM/DD/YY LIMITS GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ FIRE DAMAGE (Any me fire) $ CLAIMS MADE = OCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ AGGREGATE LIMIT APPLIES PER : PRODUCTS —COMPIOPAGG $ GEN'L PRO- POLICY JECT LOG AUTOMOBILE LIABILITY ANY AUTO ^^ COMBINED SINGLE LIMIT (Ea accident) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per person) $ HIRED AUTOS NON -OWNED AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY — EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY AGG $ EXCESS LIABILITY EACH OCCURRENCE $ AGGREGATE $ OCCUR ❑ CLAIMS MADE $ DEDUCTIBLE $ $ RETENTION $ WORKERS COMPENSATION AND EMPLOYERS LIABILITY WC STATU- TORY LIMITS OTH- ER ANY PROPRIETER/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? .L. EACH ACCIDENT $ A If yes, describe under SPECIAL PROVISIONS below NO WCO2000474-109 2/11/09 2111/10 H1_1 DISEASE — EA EMPLOYEE 00,000 E.L.DISEASE— POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES/ EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Workers' compensation coverage is provided by contract to all employees of Select PEO, Inc. assigned to Jeff Ellis Management. Coverage does not apply to any employees not approved and assigned by Select PEO, Inc. to Jeff Ellis Management effective 02/11/2009 CERTIFICATE HOLDER ADDITIONAL INSURED: INSURER LETTER: CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Tamarac 8601 W. Commercial Blvd. Tamarac, FL 33321 THE EXPIRATIONDATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO T HE_4�FT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ACQRDTM CERTIFICATE OF LIABILITY INSURANCE ii//i i2 0' PRODUCER (631)744-1200 FAX: (631)744-4243 Shore Line Insurance Agency 8 Broadway Rocky Point NY 11778 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED JEFF ELLIS & ASSOCIATES INC. 508 Goldenmoss Loop Ocoee FL 34761 rnvconr_�c INSURERALlO ds Of London INSURERS: INSURERC: INSURER D: INSURERS: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING AN 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 REGATE LIMITS SHOWN MA EEN RED PAID CLAIMS. INSR ADD'L TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MMtD POLICY EXPIRATION DATE MM/D LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 5,000,000 x DAMAGE TO RENTED PREMISES Ea occurrence $ COMMERCIAL GENERAL LIABILITY A CLAIMS MADE � OCCUR PJEF00109 5/10/2009 5/10/2010 MEDEXP An one n $ X PERSONAL & ADV INJURY $ Professional Liab. x Contractual Liab. GENERAL AGGREGATE $ 5,000,000 GENT AGGREGATE LIMIT APPLIES PER; PRODUCTS - COMP P AGG $ x POLICY JET LOC Retro Dates 5/10/03 $500,000 Ded. AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO (Ea acddent) $ BODILY INJURY ALL OWNED AUTOS SCHEDULED AUTOS (Per person) $ BODILY INJURY HIRED AUTOS NON -OWNED AUTOS (Per accident) $ PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN $ ANY AUTO $ AUTO ONLY: AG EXCESSAIMBRELLA LIABILITY CC RR $ AGGREGATE $ OCCUR CLAIMS MADE $ DEDUCTIBLE RETENTION WORKERS COMPENSATION AND WC STAT OTH- EMPLOYERS' LIABILITY TORY ER E.L. EACH ACCIDENT $ ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? If yes, describe under E.L. DISEASE - EA EMPLOYE $ E.L. DISEASE - POLICY LIMIT $ SPECIAL PROM I NS below OTHER Bodily Injury Is also included within the A Liability P7EFOO109 5/10/2009 5/10/2010 Terms & Conditions Of the Professional Liab. DESCRIPTION OF OPERATM)NS/LOCATIONSIVEHICLES/EXCLUSKINS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Certificate Holder is noted as an Additional Insured. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Tamarac EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 8601 west Commercial Blvd. 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT Tamarac, FL 33321 FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Chris Grzymala/MARGIE�:��y'�-� r V v i V t V V V � L• V V I iri n t 1 a � a �Z 009 12 : 35 : 02 PM PAGE 2/ 002 i axe Server CERTIFICATE OF INSURANCE -- COMMERCIAL. AIIState� .g ALLSTATE INSURANCE COMPANY - NORTHBROOK., IL THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDEb PY THE POLICIES BELOW. INTERESTED PARTY TYPE; CERTIFICATE HOLDER Comments: CERTIFICATE HOLDER NAMED INSURED Name and Address of Party to Whom this Certiftcato Is Issued Name and Address of Insured CITY OF TAMARAC PARK & RECREATION DEPT JEFF ELLIS MANAG MCNT LLC 8601 W COMMERCIAL BLVD 508 GOLDENMOSS LOOP TAMARAC FL 33321 OCOFE FI._ 347011 4783 This is to mortify that policies of Insurance Listed below have been Issued to the insured named above subject to the expiration date indicated below, notwithstanding any requirement, tern or condition of any contract or other document wtth respect to which this certificate may be Issued or may pertain. The Insurance aftvrded by the policies described herein is subject to all the (arms• exclusions, and conditions of such policies, TYPE OF INSURANCE AND LIMITS GENERAL LIABILITY Policy Number Effective Date Expiration Date GENERAL AGGREGATE LIMIT (Other Inan Products - Completed PRDDUCTS - COMPLETE¢ OPFRA77ONSAGGREGATE LIMIT PERSONAL AND ADVERTISING INJURY LIMIT EACH OCCURRENCE LIMIT PHYSICAL DAMAGE LIMIT MEDICAL EXPENSE LIMIT TOMOBILE LIABILITY Policy Number 4a749864 Coverage Basis — ANY AUTO ❑ OWNED AUTOS ® HIRED AUTOS $ $ ANY ONE LOSS $ ANY ONE PERSON Effective Date 10122/09 Expiration Date BODILY INJURY & PROPERTY DAMAGF ® SPECIFIED AUTOS - ® NON -OWNED AUTOS C7 OWNED PRIVATE PASSENGER AUTOS $ E1 OWNED AUTOS OTHER THAN PRIVATE PASSENGER $ Ife Limit of $ 100,000 VED Number Date Date 10/22/10 EACH ACCIDENT Each D CRItTf1O :f3F.OPE.11LlNSlLOCA't1ONSNENIt;t,F.,SrRES ,ICT[C7M PEGIP+L�I . MS.:" �•', . .... .:::::. .... IT 1S AGREED THAT SHOULD THE INSURANCE PROTECTION WDENCED HEREIN TERMINATE, rHE ISSUING COMPANY WILL RNOUX—n TO MAIL NOTICE OF SUCH TERMINATION WITHI_R.IR DAYS FOR THE FOLLOWING INTERESTED PARTIES: MORTGAGEE, LIEN HOLDER, ADDITIONAL INSURED AND ADDITIONAL I S tWAF(4Y. %• 11/13/09 (into I i i PURCHASING AND CONTRACTS DIVISION November 9, 2009 Ms. Elaine B. Cinelli Vice President of Business Jeff Ellis Management, LLC 508 Goldenmoss Loop Ocoee, FL 34761 RE- Agreement Renewal Amendment #2 Dear Ms. Cinelli: The City wishes to exercise the remaining two (2) year renewal option for our Agreement to provide Swimming Pool Management Services for the Tamarac Caporella Aquatic Center, which was dated December 14, 2005, and effective for the original term from December 14, 2005 through December 13, 2007. The city then exercised its option to renew the Agreement December 14, 2007 through December 13, 2009 with an additional (2) year renewal option available. Upon agreement of your firm, the final renewal period will be effective December 14, 2009 through December 13, 2011. Please execute two (2) originals of the attached Amendment and have your company's Corporate Secretary attest the signature on each original. In addition, please ensure that the Corporate Acknowledgement is fully notarized. We ask that you return the two (2) original documents to the Purchasing & Contracts Division no later than November 23, 2009. In addition, the City will require that we have the most recently updated Certificate of Insurance as soon as possible. Upon execution by the City an original will be returned to you for your records. If you have any questions, do not hesitate to contact me at (954) 597-3567. Sincerely, Keith K. Glatz, CPPO Purchasing and Contracts Manager 7525 NW 88th Avenue I Tamarac, Florida 33321-2401 1 P: 954-597.35701 F: 95C597.3565