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HomeMy WebLinkAboutCity of Tamarac Resolution R-2020-109 Temp. Reso. #13509 9/23/2020 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2020- 10a A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AGREEMENT AMENDMENT #5 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 AND WATER'S EDGE PARK, AT A COST OF $349,983.90 ANNUALLY, PLUS SHARED REVENUES, FOR A TWO- YEAR PERIOD EFFECTIVE JANUARY 1, 2021-DECEMBER 31, 2022; 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 Temp. Reso. #13509 9/23/2020 Page 2 Center and Water's Edge Park, for the renewal period January 1, 2021 through December 31, 2022, 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 and Water's Edge Park, for the renewal period January 1, 2021 through December 31, 2022, 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 management services for the Caporella Aquatic Center and Water's Edge Park, at an annual cost of $349,983.90, plus shared revenues, for a two-year period. The appropriate City officials are further authorized to execute Agreement Amendment #5 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. Temp. Reso. #13509 9/23/2020 Page 3 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. PASSED, ADOPTED AND APPROVED this 09eday of , 2020. //i.eieleT.1.6);ICHELLE J. GdMEZ MAYOR ATTEST: Imask JE NIFE JQHN ON ITY CLE K RECORD OF COMMISSION VOTE: MAYOR GOMEZ DIST 1: V/M BOLTON -5 DIST 2: COMM. GELIN Aa? DIST 3: COMM. FISHMAN S DIST 4: COMM. PLACKO S I HEREBY CERTIFY that I have approved this RESOLUTION as to form. 8)00,771,4 ,y.., )P/2-' 04 AMUEL S. RE!1 CITY ATTO EY TAMARAC The City For Your Life City of Tamarac Purchasing Division AGREEMENT AMENDMENT#5 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; and Maintenance Services at the City of Tamarac Splash Pad Facility located at Waters Edge Park, 7508 NW 61st Street, Tamarac, Florida. 1. Pursuant to the terms of Section 4, Contract Term, Paragraph 4.2 of the original Agreement dated January 1, 2013 for the Caporella Aquatic Center, 5300 NW 58th Ave., Tamarac, Florida, and for Maintenance Services provided pursuant to Agreement Amendment #4 approved on February 27, 2020 at the City of Tamarac Splash Pad Facility located at Waters Edge Park, 7508 NW 61st Street, Tamarac, Florida; 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, 2021 through December 31, 2022, and Contractor agrees to such renewal. 2. Contractor re-affirms compliance with Section 26 of the Agreement, 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 TAMARAC .0,00016000.10.16000, The City For Your Life City of Tamarac Purchasing Division 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. 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 TAMARAC The City For Your Life 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. \\�000i t Ar ,,��� CITY OF TAMARAC \,may �� 4,-,zix-r ,...________.e J. Gomez, yor _ a� :•ESTABLISHED 4:_ 1963 it) - /4' =,i• ' SEAL cc Date l � , O�- ATTEST: �''i i i i i i i i\ `` ' Michael C. Cernech, City Man er L J nif r Jo son, Date sty erk Zalt - -��r' ;(.‘ Appro ed as to form and legal sufficiency: ji.P c6itAA) ate amuel S. Goren, City Attorney I C\it 61 2-(2,t-:: Date ATTEST: JEFF ELLIS MANAGEMENT, LLC Company Name 43r (Corp Seer to Si ture of President- VP a Sin:esss 4 FinAnct. Jonathan Hartman Type/Prins'Name of Cbrporate Secy. President -VP ot Sus:nus 4 Pinof6e Otto bee 04% 20.20 (CORPORATE SEAL) Date TAMARAC The City For Your Life City of Tamarac Purchasing Division CORPORATE ACKNOWLEDGEMENT STATE OF FLORIDA • :SS COUNTY OF Or0.1n8- 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 Jonathan Hartman, President of Jeff Ellis Management, LLC., 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 of Jov�� , 2020. .4FIPR1r ure of Notary Public /cf.N4 Notary Pubfic 5 e of FloodaSt. e of Florida at Large Diem Nguyen °S • Commission GG 285469 an. n Ex My pires 01/03/2023 'rint, Type or Stamp Name of Notary Public Personally known to me or Produced Identification Type of I.D. Produced 1-171 DID take an oath, or DID NOT take an oath.