HomeMy WebLinkAboutReso 2006-958
RESOLUTION NO. 2006 - ~
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING A
FIRST AMENDMENT TO THE AGREEMENT BETWEEN
THE CITY OF SUNNY ISLES BEACH AND POOL
RANGERS, INC. F/K/A NALEPA POOL RANGERS, INC.
FOR THE MAINTENANCE OF THE GOVERNMENT
CENTER FOUNTAIN, IN AN AMOUNT NOT TO EXCEED
TEN THOUSAND EIGHT HUNDRED DOLLARS ($10,800.00),
ATTACHED HERETO AS EXHIBIT "A", AUTHORIZING
THE MAYOR TO EXECUTE SAID AMENDMENT;
AUTHORIZING THE CITY MANAGER TO DO ALL
THINGS NECESSARY TO EFFECTUATE THE TERMS OF
THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, on July 20, 2005, the City entered into an agreement with Nalepa Pool
Rangers, Inc., formally known as Pool Rangers, Inc. for the maintenance of the fountain at the
Govel11ment Center (hereinafter referred to as "Master Agreement"), attached hereto as Exhibit
"A"; and
WHEREAS, the City wishes to continue its professional relationship with Pool Rangers,
Inc. to maintain the fountain at the Government Center; and
WHEREAS, the Parties wish to renew the Master Agreement for a one-year term, at a
cost of Nine Hundred Dollars ($900.00) per month, not to exceed a total cost of Ten Thousand
Eight Hundred Dollars ($] 0,800.00) for the contract term; and
WHEREAS, the additional professional services shall be In accordance with the
remaining terms and conditions of the Master Agreement.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section I. Approval of the First Amendment to Agreement. The First Amendment to the
Pool Rangers Fountain Maintenance Services Agreement with Pool Rangers, Inc. f/k/a Nalepa
Pool Rangers, Inc., which renews the Master Agreement for a one-year term, to maintain the
fountain at the Government Center, in an amount not to exceed Ten Thousand Eight Hundred
Dollars ($10,800.00), is hereby approved.
Section 2. Authorization of Mayor. The Mayor IS hereby authorized to execute said
Addendum.
Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all
things necessary to effectuate the terms of this Resolution.
R2006.Pool Rangers 1'001 Maintenanee AuueuuulllDoc Page I of 2
Section 4.
Effective Date. This Resolution will become effective upon adoption.
. ,.
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'Jane A. Hines, CMC, City Clerk
Moved by: Co-~ ..:r:G,L~.~ ,,,"S
Seconded by: y, u.. M~()'Y ~'l:.z..1 N
Vote: 5-0
Mayor Edelcup
Vice Mayor Brezin
Commissioner Goodman
Commissioner Iglesias
Commissioner Thaler
v (Yes)
V{Yes)
~Yes)
V(Y es)
V(Yes)
(No)
(No)
_(No)
(No)
_(No)
R2006.Pool Rangers Pool Maintenance Addeddulll.[)oc Page 2 of2
CITY OF SUNNY ISLES BEACH
FIRST AMENDMENT OF
FOUNTAIN SERVICE MAINTENANCE AGREEMENT
DATED JULY 20, 2005
CONTRACT NO.: C0506-65
THIS AGREEMENT, EXECUTED THIS .:le~ day of ::ru l~ 2006, amends the
Fountain Maintenance Service Agreement between the CITY OF S NNY ISLES BEACH,
FLORIDA, ("City") and POOL RANGERS, INC., f/k/a NALEPA POOL RANGERS, INC.,
("Contractor")(hereinafter referred to as "Master Agreement" and attached hereto as Attachment
"A"). In the event that any terms or conditions contained in the Amendment conflict with the
Master Agreement, the terms and conditions of this Amendment shall prevail.
1. AMENDMENT. Paragraph 3 entitled "Term" and Paragraph 4 entitled "Compensation"
of the Master Agreement, shall be amended as follows:
TERM. This Agreement shall be extended for a one (I) year term, with one (I) option to
renew the Agreement for an additional one (1) year term upon mutual written agreement
by the parties. Any renewal shall be subject to the appropriation of funds by the City
Commission.
COMPENSATION. For the duration of this Agreement's term, City will compensate
Contractor at a flat rate amount of Nine Hundred Dollars ($900.00) per month for
services rendered three (3) times per week, for a total amount not to exceed Ten
Thousand Eight Hundred Dollars ($10,800.00), as provided in Attachment "B".
2. REMAINING TERMS. All other terms and provisions of the Master Agreement dated
July 20, 2005, shall remain in full force and effect. Any modification of this Agreement shall be
effective only if in writing and signed by the parties to this Agreement. No waiver of any
provision of this Agreement shall be valid or enforceable unless such waiver is in writing and
signed by the party granting such waiver.
[The remainder of this page is intentionally left blank.)
C0506-65 First Amendment to Fountain Service Maintenance Agreement - Pool Rangers. Inc.
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City of Sunny Isles Beach
18070 Collins A venue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in triplicate
on the day and year first written above.
POOL RANGERS, INC.
By:
ATTEST:
By ~A-~
Jane A; Hines, CMC, City Clerk
C0506-65 First Amendment to Fountain Service Maintenance Agreement- Pool Rangers. Inc.
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CITY OF SUNNY ISLES BEACH
FOUNTAIN MAINTENANCE
SERVICE AGREEMENT
CONTRACT NO.
TH S SERVICE AGREEMENT ("Agreement") made and entered into this ;20 td day of
. 2005, by and between the CITY OF SUNNY ISLES BEACH, FLORIDA, a
m ni al corporation of the State of Florida (hereinafter referred as to "City"), and N ALEP A
POOL RANGERS, INC. a Florida corporation, authorized to do business in the State of Florida
(hereinafter rcferred to as "Contractor").
RECIT ALS
WHEREAS, Contractor is a qualified pool maintenance company; and
WHEREAS, after competitive bidding, contractor was determined to be the most
responsive and responsible biddcr providing the lowest pricc for the services; and
WHEREAS, the City wishes to employ Contractor for fountain maintenance services
("Services") at the City of Sunny Isles Beach's Govel11ment Center and to perform such other
tasks as more specifically clescribed in Attachment "A," attached hereto and made a part hereof;
and,
WHEREAS, the Contractor is qualified, willing and able to provide the desired Services
on the terms and conditions set forth herein;
NOW THERFORE, in considcration of the prcmises and the mutual covenants herein
named, the parties hereto agree as set forth below:
1. RECIT ALS. The rccitals set forth above arc hereby incorporated into this Agreement
and made a part of hereof for reference.
2. SERVICES TO BE PERFORMED. Contractor shall perform the following Services:
Provide fountain maintenance scrvices for the Sunny Isles Beach Govcrnmcnt Center, as
well as those services more particularly describcd in Attachment "A" attached hereto and
made a part hercof.
3. TERM. Subject to the provisions relating to the termination of this Agreement as set
forth in Paragraph 9 hereunder, this Agreement shall expire onc year (I). The City shall have two
(2) options to extend the Agreement for additional one-year period upon mutual written
agreement to the parties.
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A!;achmcnt "A"
. City of Sunny Isles Beach
18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
4. COMPENSATION. In accordance with Section 62-6(B), of the Code of Sunny Isles
Beach, the total amount of compensation for the Scrvices or additional Services shall not excced
$ I 0,000. However, in the event that the total charge by the Contractor approaches that amount,
in accordance with the City Manager shall require an approval by the City Commission for such
expenditures.
Payment to Contractor for all charges and tasks under this Agreement shall be in accordance
with this Agreement and the schedule of charges reflected in Attachment "A", which fee shall be
disbursed on a monthly basis and under the following conditions:
a. Disbursements. Thcre are no reimbursable expenses associated with this
Agreement.
b. Payment Schedule. Invoices received from the Contractor pursuant to this
Agreement will be reviewed by the initiating City Department. If Services have
been rendered in conformity with the Agreement, the invoice will be sent to the
Finance Department for payment. Invoices must reference the contract number
assigned hereto. Invoices will be paid in accordance with the State of Florida
Prompt Payment Act.
c. Availability of Funds. The City's performance and obligation to pay under this
Agreement is contingent upon an annual appropriation for its purpose by the
City Commission. This Agreement is subject to the approval of the City
Commission.
d. Final Invoice. In order for both parties herein to close their books and records,
the Contractor will clearly state "final invoice" on the Contractor's final/last
billing to the City. This certifies that all services have been properly performed
and all charges and costs have been invoiced to the City. Since this account will
thereupon be closed, any and other additional charges, if not properly included
on this final invoice are waived by the Contractor.
Contractor shall make no other charges to the City for supplies, labor, taxes, licenses,
permits, overhead or any other expenses or costs unless any such expense or cost is incurred by
Contractor with the prior written approval of the City. If the City disputes any charges on the
invoices, it may make payment of the uncontested amounts and withhold payment on the
contested amounts until they are resolved by agreement with Contractor.
Contractor shall not pledge the City's credit or make it a guarantor of payment or surety
for any contract, debt, obligation, judgment, lien, or any form of indebtedness. The Contractor
further warrants and represents that it has no obligation or indebtedness that would impair its
ability to fulfill the ternlS of this Agreement.
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. City of Sunny Isles Beach
] 8070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
5. UNDISCLOSED CONDITIONS. In the event that undisclosed conditions are
discovered during the performance of this Agreement, the City shall have the right to cancel this
Agreement upon thirty (30) days written notice to Contractor. Upon termination, the City may
bid/re-bid the project if the Contractor fails to perform under this Agreement due to the
undisclosed conditions.
6. INDEPENDENT CONTRACTOR RELATIONSHIP. The Contractor is an
independent contractor and shall be treated as such for all purposes. Nothing contained in this
Agreement or any action of the parties shall be construed to constitute or to render the Contractor
an employee, partner, agent, shareholder, officer or in any other capacity other than as an
independent Contractor other than those obligations which have been or shall have been
undertaken by the City. Contractor shall be responsible for any and all of its own expenses in
perforn1ing its duties as contemplated under this Agreement. The City shall not be responsible
for any expense incurred by the Contractor. The City shall have no duty to withhold any Federal
income taxes or pay Social Security services and that such obligations shall be that of the
Contractor, other than those set forth in this Agreement. Contractor shall furnish its own
transportation, office and other supplies as it determines necessary in carrying out its duties
under this agreement.
7. INSURANCE. Contractor shall, at its sole cost and expense, during the period of any
work being performed under this Agreement, procure and maintain the following minimum
insurance coverage to protect the City and Contractor against all loss, claims, damage and
liabilities caused by Contractor, its agents, sub-Contractors or employees, as indicated below:
o Comprehensive General liability insurance - including broad form contractual
liability coverage for all operations, including, but not limited to, contractual,
products, and completed operations, personal injury and property damage liability
with limits of Three Hundred Thousand ($300,000) combined single limit
occurrence.
o Workmen's Compensation, with no less than $100,000 for Employer's Liability.
Said coverage shall include a waiver of subrogation in favor of the City, its
agents, employees and officials.
o Business Automobile Liability which shall include coverage for all owned, non-
owned and hired vehicles for limits of not less than standard 10.20. lOpeI'
occurrence, Combined Single Limit or its equivalent.
Insurance required of the Contractor shall be primary to, and not contribute with, any
insurance or self-insurance maintained by the City.
Such insurance shall not diminish Contractor's indemnification and obligations
hereunder. The insurance policy(ies) shall be issued by companies authorized to do business
under the laws of the State of Florida and acceptable to the City. Prior to the execution of this
Agreement, and at any time upon request, Contractor shall furnish to the City certificates
of insurance evidencing the minimum required coverage and shall be appropriately
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City of Sunny Isles Beach
18070 Collins Avenue, Sunny Isles Beach, Florida 33] 60
(305) 947-0606 phone (305) 949-3] 13 Fax
endorsed for contractual liability, with the City named as additional insured. All policies
shall contain a waiver of subrogation endorsement. All policies and certificates shall be in forms
and issued by insurance companies acceptable to the City's Risk Management Department. All
insurance policies and certificates of insurance shall provide that the policies may not be
canceled or altered without thirty (30) days prior written notice to the City. The City reserves the
right from time to time to change the insurance coverage and limits of liability required to be
maintained by Contractor hereunder.
Contractor shall also require and ensure that each of its subcontractors providing Services
hereunder (if any) procures and maintains, until the completion of the services, insurance of the
types and to the limits specified herein.
ANY EXCEPTIONS TO THE INSURANCE REQUIREMENTS IN THIS
SECTION MUST BE APPROVED IN WRITING BY THE CITY.
8. INDEMNIFICATION. Contractor agrees to indemnify and hold harmless, the City, its
officers, agents, and employees from, and against any and all claims, actions, liabilities, losses
and expenses including, but not limited to, attorney's fees for personal, economic or bodily
injury, wrongful death, loss of or damage to property, at law or in equity, which may arise or
may be alleged to have risen from the negligent acts, errors, omissions or other wrongful conduct
of the Contractor, agents or other personal entity acting under Contractor's control in connection
with the Contractor's performance of Services pursuant to that Agreement and to that extent the
Contractor shall pay such claims and losses and shall pay all such costs and judgments which
may issue from any lawsuit arising from such claims and losses including wrongful termination
or allegations of discrimination or hacassment, and shall pay all costs and attorneys' fees
expended by the City in defense of such claims and losses including appeals. The parties agree
that ten percent (10%) of the total compensation is a specific consideration from the City to the
Contractor for this indemnity.
9. TERMINA TION.
a. If, through any cause within the reasonable control the Contractor shall fail to fulfill in a
timely manner or otherwise violate any of the covenants, agreements or stipulations material to
this Agreement, the City shall have the right to terminate the Services then remaining to be
performed. Prior to the exercise of its option to terminate for cause, the City shall notify the
Contractor of its violation of the particular terms of the Agreement and grant Contractor ten (10)
days to cure such default. If the default remains uncured after ten (10) days, the City may
terminate this Agreement.
1. In the event of termination, all finished and unfinished documents, data
and other work product prepared by Contractor (and subcontractor[ s])
shall be delivered to the City and the City shall compensate the Contractor
for all Services satisfactorily performed prior to the date of termination, as
provided in Paragraph 4 herein.
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City of Sunny Isles Beach
18070 Collins A venue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
11. Notwithstanding the foregoing, the Contractor shall not be relieved of
liability to the City for damages sustained by it by virtue of a breach of the
Agreement by Contractor and the City may reasonably withhold payments
to Contractor for the purposes of set-off until such time as the exact
amount of damages due the City from the Contractor is determined.
Ill. After receipt of a Termination Notice and except as otherwise directed by
the City, the Contractor shall:
1. Stop work on the date and to the extent specified.
2. Terminate and settle all orders and subcontracts relating to the
performance of the terminated work.
3. Transfer all work in process, completed work and other
materials related to the terminated work to the City.
4. Continue and complete all parts of that work that have not been
terminated.
b. Termination for Convenience of City. The City may, for its convenience and without
cause, terminate the Services then remaining to be performed in the event the Contractor is
placed either in voluntary of involuntary bankruptcy or makes any assignment for the benefit of
creditors.
c. Termination for Insolvency. The City also reserves the right to terminate the remaining
Services to be perfornled in the event the Contractor is placed either in voluntary or involuntary
bankruptcy or makes any assignment for the benefit of creditors.
10. ASSIGNMENTS. TRANSFERS. SUBCONTRACTING. The Contractor shall not
subcontract, assign or transfer any work under this Agreement without the prior written consent
of the City. Should the Contractor subcontract any Services under this Agreement, it shall be
done with continued liability for the Contractor. The Contractor shall remain responsible for
Services, responsibilities and liabilities of any person or entity acting under Contractor.
11. TIME OF COMPLETION. The Services to be rendered by the Contractor shall be
commenced upon execution of this Agreement and shall be completed within a reasonable time.
A reasonable extension of time shall be granted in the event the work of the Contractor is
delayed or prevented by the City or by circumstances beyond the reasonable control of the
Contractor including weather conditions of acts of God which render the performance of the
Contractor's duty impracticable.
12. AUTHORITY TO PRACTICE. Contractor hereby represents and warrants that it has
and will continue to maintain all licenses and approvals required to conduct its business and that
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City of Sunny Isles Beach
18070 Collins Avenue, Sunny Isles tieach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
it will at all times conduct its business activities in a reputable manner. Proof of such licenses
and approvals shall be submitted to the City prior to commencement of work under this
Agreement.
13. MODIFICA TIONS OF WORK. The City reserves the right to make changes in the
work, including alterations, reductions or additions thereto. Upon receipt of the City's
notification of a contemplated change, the Contractor shall: I) if requested by the City, provide
an estimate for the increase or decrease in cost due to the contemplated change, (2) notify the
City of any estimated change in completion date, and (3) advise the City in writing if the
contemplated change shall affect the Contractor's ability to meet the completion dates or
schedules of this Agreement.
14. COORDINATION OF SERVICES. The City's representative/liaison during the
performance of this Agreement shall be James Watts, telephone number 305/947-0606.
Contractor shall not respond to requests for Services under this Agreement unless the request is
received directly from James Watts or Christopher J. Russo, City Manager, or designated
personnel. Any requests received from other City departments/divisions shall be referred to the
City Manager's department representative designated above. Services performed without
authorization shall be considered unauthorized and shall not be compensated or paid by
the City.
15. A TTORNEY'S FEES. If this matter is placed in the hands of an attorney for
collection, or in the event a suit, action or legal proceeding is instituted to enforce any of the
terms or conditions of this Agreement, the losing party shall pay to the prevailing party, in such
suit or action in both trial court and appellate court, together with reasonable attorney's fees for
the anticipated cost of collection and judgment enforcement.
16. CONFIDENTIAL INFORMATION. The Contractor shall not, either during the term
of this Agreement or any time for a period of ten (10) years subsequent to that date upon which
the Contractor shall leave the employment of the City, for any reason whatsoever, disclose to any
person or entity, other than in the discharge of the duties of the Contractor under this Agreement,
any information which the City designates in writing as "confidential." As a violation by the
Contractor of the provisions of this Section could cause irreparable injury to the City and there is
no adequate remedy at law for such violation, the City shall have the right, in addition to any
other remedies available to it at law or in equity, to enjoin the Contractor in a court of equity for
violating such provisions.
17. NOTICES. All notices and communications hereunder shall be in writing and shall be
deemed given when sent postage prepaid by registered or certified mail, return receipt requested
and, if intended for City to Christopher J. Russo, City Manager, with a copy to Hans Ottinot,
City Attorney, City of Sunny Isles Beach, 18070 Collins Avenue, Sunny Isles Beach, Florida
33160, and, if intended for Contractor, shall be addressed to Nalepa Pool Rangers, Inc. 775 NE
113 th Street, Biscayne Park, FL 33161 (Phone No. 305-892-2471), Attention: Gary Nalepa.
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City of Sunny Isles Beach
18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
18. AUDIT. The Contractor shall make available to the City or its representative all required
financial records associated with the Agreement for a period of three (3) years.
19. NON-DISCRIMINATION. The Contractor agrees to comply with all local and state
civil rights ordinances and with Title VI of the Civil Rights Act of 1984 as amended, Title VIII
of the Civil Rights Act of 1968 as amended, Title I of the Housing and Community Development
Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with
Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and with
Executive Order 11248 as amended by Executive Orders 11375 and 12086.
The Contractor will not discriminate against any employee or applicant for employment because
of race, color, creed, religion, ancestry, national origin, sex, disability or other handicap, age,
marital/family status, or status with regard to public assistance. The Contractor will take
affirmative action to insure that all employment practices are free from such discrimination.
Such employment practices include but are not limited to the following: hiring, upgrading,
demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of payor
other forms of compensation, and selection for training, including apprenticeship. The Contractor
agrees to post in conspicuous places, available to employees and applicants for employment,
notices to be provided by the City setting forth the provisions of this non-discrimination clause.
The Contractor agrees to comply with any Federal regulations issued pursuant to compliance
with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 708), which prohibits
discrimination against the handicapped in any Federally assisted program.
20. CONFLICT OF INTEREST. The Contractor agrees to adhere to and be governed by
the Miami-Dade County Conflict of Interest Ordinance Section 2-11.1, as amended; and by
Sunny Isles Beach Ordinance No. 99-82, as amended, which are incorporated by reference
herein as if fully set forth herein, in connection with the Agreement conditions hereunder.
Contractor covenants that it presently has no interest and shall not acquire any interest, direct or
indirectly that should conflict in any manner or degree with the performance of the Services.
21. CONFLICTING PROVISIONS. The terms and conditions in this agreement supersede
any other conflicting provisions that are contained in any other document.
22. MISCELLANEOUS.
a. The rights granted to Contractor hereunder are nonexclusive, and the City reserves the
right to enter into agreements with other persons or firms to perform Services including those
provided hereunder.
b. Contractor and its employees shall promptly observe and comply with applicable
provisions of all published federal, state and local laws, rules and regulations which govern or
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City of Sunny Isles Beach
18070 Collins A venue, Sunny Isles Ijeach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
apply to the Services rendered by Contractor hereunder, or to the wages paid by Contractor to its
employees.
c. Contractor shall obtain and keep in force during the term of this Agreement all necessary
licenses, registrations, certificates, permits and other authorizations as are required by law in
order for Contractor to render the Service(s) required hereunder.
d. Contractor shall not use the name or official seal of the City in any promotional material
without the prior written consent of the City.
e. Except as expressly provided for in this Agreement, Contractor is not authorized to act as
the City's agent hereunder and shall have no authority, expressed or implied, to act for or bind
the City hereunder, either in Contractor's relations with subcontractors, or in any other manner
whatsoever.
23. ENTIRE AGREEMENT. This Agreement and Attachment "A," (all bid documents
including proposal submitted by bidder) which is expressly incorporated herein by reference,
shall constitute the entire Agreement between the parties with respect to the subject matter
hereof, and it shall supersede all previous and contemporaneous oral and written negotiations,
commitments, agreements and understanding relating hereto. This Agreement may be executed
in multiple identical counterparts, each of which shall be deemed an original for all purposes.
24. AMENDMENT. Any modification of this Agreement shall be effective only if in
writing and signed by the parties to this Agreement. No waiver of any provision of this
Agreement shall be valid or enforceable unless such waiver is in writing and signed by the
parting granting such waiver.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement In
duplicate on the day and year first written above.
(Signature page follows)
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SIR
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City of Sunny Isles Beach
/L' J"R';--JJ
Print Name: /L'l.- 1..( MI1A..7'~L'.'j-K-,)
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" . " Jane A. Hines, City Clerk
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Pool Rangers, Inc.
Attorneyl Agreements/jb
7/7/2005
18070 Collins Avenue, Sunny Isles beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
NALEP A POOL RANGERS, INC.
CITY OF SUNNY ISLES BEACH
BY:~~L~er
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
By: ~ It. 3r~
~ Hans Ottinot, City torney
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City of Sunny Isles Beach
18070 Collins Avenue, Sunny Isles beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
A TT ACHMENT "A"
COMPENSA TION
The price for thcse services is SEVEN HUNDRED AND FIFTY DOLLARS AND 00/100
DOLLARS ($750.00), monthly, with a one timc start-up fee of FOUR HUNDRED AND
FIFTY DOLLARS ($450.00) payable as invoiced.
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F-RDM :PQOL RnNGERS
F8X NO. :3058922471
Mar. 15 2005 08:20AM P2
"We wanl your busin9G& lor the rest of your life.'
775 NE 113TH STREET
BISGAYNE PAAK. FLORID" 33161
(!lOS) 092.2471
CCN97P000265
SERVICE AGREEMENT
Service Location
City Hall
18070 Collins Avenue
Sunny Isles Beach, FL 33160
Service three times/week @ $750.00 per month
Senice Rare:
Service consists of the following:
Vaanuning bottom
. Skimming surface
Cleaningfwashing tilc
. Brushing down Hll walls
· Washingtbackwasbing fil~
Removt: debris from skimmer/s and pump baskets
. Check chemical counts and balance ac.cord.ingly
ChcmiWlb include.d:
Chlorine
Muriatic acid
. Calcium
. Sodium bicarbonate
Sl.I1bilizer
fill (with your hose facility) and rebalance chemicals ... ...$450.00
Dt~~
TERMS:
Far the total price. COl'ITRACTOR, (Nalepa Pool Rnngcn, Inc.) b~e' to f\lll1ish the work described abem: Wcing all
1lle8B\Ut:5 10 msurt wOtkm.amhip of standArd PflICticC. Pcrfarmance is subject to one day's dduy d~ to war. aC(;jdenI, saike,
illness, wcatba. inability 10 scuurc: Iabvr/lIlllterillls. ~ ot' access con~urivc days will result in additional chs:rge for lime
and cebalancing l1IldIor clCllIl-Up.
CUS1'OMER., (City l-Wl) 1Sgrt:'C$ 10 fumillh reasonable aCCC8R to fountain and pump room locntion (10 include: gille/door key!!.
parking card, g.ate acccas code, etc.)
CONrnACTOR tibill Suhmil bills by the first of ~ month unci CUSTOMER agrees to fOl'WUd pIlymetlt by the 2Ql" of
every IIlllDlh and DO later than the 27111 before ineurring lute clwrges of $10.00 pel" month per invoice. Bills for rcpWr.! or
other work are subject to their t.cnns n.nd an: due und payable as specified.
Any and all parts furnished by CONTRACTOR, remain the property of CONTRACTOR unliI fully paid for.
· first pIIyment for servi~ validates this ogrec:mcu in the oaSe that it is DOt signed and nsDJn'Jlld. Any and all rcmmai ch.c::cl:J;,
UDder IlII)' ciroumsWllll=. are subjea to a bank charge of:S25.00.
CONrRACTOR r~ the right to intx:rrupl and/or diwODlinuc lIC!Vioe for nOD-poymo::aI immediately after 30 days from
dale of invoice, witbOllI fi1lthcr notification, and will not be bdd linblc or n::sponsible in any way for dalIlllll6 to water and/or
equipment In \l8U of service intzl/TUpOO/'l, tbe CUSTOMER will incur an lIdditicmul cl.c:a:n.up f~ and/or chemical
rebel.aociog charge which will be pnid up franllllong with any prior balanoe before servioes are rendered.
· In the event thaI payment in enforoed through altarneys. mite, be.nlcrupr.cy. or probau: procccdingg, CO~CTOR mny
TllCcive and CUSTOMER agrees to pay reasonahle attorney fees and court COliUl.
Authorized S~rure
Date
SIB
FROM :POOL RANGERS
FAX NO. :3058922471
Jul. 12 2005 01:49PM P2
July 12, 2006
City of Sunny Isles Beach
Attn: James E. Watts, Director
Public Works Department
18070 Collins Avenue
Sunny Isles Beach. FL 33 t 60
Re: Contract RenewallFonntain Maintenance:
Dear Mr. Watts:
As you are well aware, the renewal for our contract comes up on the 2od' of this month. I
regret to inform you that there will be a rate increase to $900.00 per month for three times a
week service.
The fountain continues to leak tremendously, and with rising costs in chemicals and gasoline
earlier this year, we have no alternative. If the leak. should ever be resolved. we win be more
than happy to r!-IDegotiate a new rate.
Should you have any questions or concerns, please feel :free to call me.
GPN/jd
Attachment "B"
SIB
J
City Commission
Norman S. Edelcup
Mayor
Roslyn Brezin
Vice Mayor
Gerry Goodman
Commissioner
Danny Iglesias
Commissioner
Lewis J Thaler
Commissioner
A. John Szerlag
City Monager
Hans Ottinot
City Attorney
Jane A. Hines
City Clerk
July 27,2006
Gary P. Nalepa, President
Pool Rangers, Inc.
775 N.E. 1 13th Street
Biscayne Park, Florida 33161
Re:
First Amendment to Fountain Service Maintenance Agreement
Dear Mr. Nalepa:
At its regular meeting of .July 20, 2006, the City Commission adopted Resolution No.
2006-958, which approved the First Amendment to the Fountain Service Maintenance
Agreement with Pool Rangers, Inc. Enclosed are the three (3) original agreements for
execution by you and two witnesses.
Upon completion, please return all three (3) originals to my attention. We will then
finalize processing of the agreements and return an executed, original agreement and a
copy of the approving resolution to you.
Thank you.
Very truly yours,
~~LU~
Priscilla Walker
Deputy City Clerk
Enclosures
cc: A. John Szerlag City Manager (w/o attachments)
Hans Ottinot, City Attorney (w/o attachments)
James E. Watts, Public Works Director (w/o attachments)
Shaun Gelvez, Contracts Administrator (w/o attachments)
Office of the City Clerk (305) 792-] 703 Phone (305) 949-3 113 Fax
Fountain Mtne Agrmt W-I'ool Rangers Amendment For Sig Trans Ltr
City Commission
Norman S. Edelcup
Mayor
Roslyn Brezin
Vice Mayor
Gerry Goodman
Commissioner
Danny Iglesias
Commissioner
Lewis J. Thaler
Commissioner
A. John Szerlag
City Manager
Hans Ottinot
City Attorney
Jane A. Hines
City Clerk
August 2, 2006
Gary P. Nalepa, President
Pool Rangers, Inc.
775 N.E. 11 3th Street
Biscayne Park, Florida 33161
Re:
First Amendment to Fountain Service Maintenance Agreement
Dear Mr. Nalepa:
At its regular meeting of July 20, 2006, the City Commission adopted Resolution No.
2006-958, which approved the First Amendment to the Fountain Service Maintenance
Agreement with Pool Rangers, Inc. Enclosed are an executed, original agreement and an
approving resolution for your files.
Thank you.
Very truly yours,
~elJ~W~
Priscilla Walker, CMC
Deputy City Clerk
Enclosures
cc: A. John Szerlag City Manager (w/o attachments)
Hans Ottinot, City Attorney (w/o attachments)
James E. Watts, Public Works Director
Jean Watson, Finance Director
Shaun Gelvez, Contracts Administrator
Office of the City Clerk (305) 792-1703 Phone (305) 949-3113 Fax
Fountain Mtne Agrmt W-Pool Rangers Amendment Exec Trans Ltr