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HomeMy WebLinkAboutReso 2008-1255 RESOLUTION NO. 2008- 125.5 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, RATIFYING AN AGREEMENT WITH ALL FLORIDA POOL AND SPA FOR MAINTENANCE AND CLEANING SERVICES FOR THE GOVERNMENT CENTER FOUNTAIN, ATTACHED HERETO AS EXHIBIT "A" AND APPROVING THE 1sT ADDENDUM TO THE AGREEMENT FOR THE CONSTRUCTION OF A PERMANENT LINER FOR THE FOUNTAIN, IN THE AMOUNT OF ELEVEN THOUSAND SEVEN HUNDRED FIFTY DOLLARS ($11,750), ATTACHED HERETO AS EXHIBIT "B"; AUTHORIZING THE MAYOR TO EXECUTE SAID ADDENDUM; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THE TERMS OF THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on September 17, 2007, the City entered into an Agreement with All Florida Pool and Spa to provide maintenance and cleaning services for the Government Center fountain, attached hereto as Exhibit "A"; and WHEREAS, said Agreement was approved administratively as the charge for services did not result in expenditures exceeding $10,000, which is in accordance with our purchasing procedures; and WHEREAS, the fountain is now in need of a new liner, which will lessen the number of maintenance and cleaning services visits required and provide aesthetic improvements to the existing surface; and WHEREAS, All Florida Pool & Spa has submitted a proposal for construction of the liner, in the amount of Eleven Thousand Seven Hundred Fifty Dollars ($11,750), which has been incorporated in the 1 st Addendum to the Agreement attached hereto as Exhibit "B"; and WHEREAS, these additional services will result in expenditures exceeding $10,000 for All Florida Pool & Spa for the current fiscal year; and WHEREAS, as such the Agreement and 1 st Addendum to the Agreement are now required to be approved by the City Commission; and WHEREAS, the City Commission wishes to ratify the approval of the Agreement with All Florida Pool and Spa for maintenance and cleaning of the Government Center Fountain, attached hereto as Exhibit "A" and approve the 1st Addendum to the Agreement with All Florida Pool and Spa for the construction of a permanent liner for the Government Center Fountain, in the amount of Eleven Thousand Seven Hundred Fifty Dollars ($11,750), attached hereto as Exhibits "A" and "B", respectively. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: R2008- All Florida Pools Agrmt & Addeddum For Govt Ctr Fountain Page I of2 Section 1, Ratification of Agreement and Approval of Addendum. The City Commission is hereby ratifying the Agreement with All Florida Pool and Spa for maintenance and cleaning services for the Government Center fountain and approving a 1 st Addendum to said Agreement for the construction of a permanent liner for the fountain, in a total amount not to exceed Twenty Thousand Dollars ($20,000), attached hereto as Exhibits "A" and "B", respectively. 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. Section 4. Effective Date. This Resolution will become effective upon adoption. PASSED AND ADOPTED this 1 ih day of April 2008. ~ ATTEST: ~~I~~~i'" Jane A. Hines, CMC, City Cler I AP.PROVED AS TO FORM AND'LE AL SUFFICIENCY: Vote: E)-D Moved by: eommisslQ'\v ScJtf)!L Seconded by: V l(' e.. Ma..yo..... ThQ.lif Mayor Edelcup Vice Mayor Thaler Commissioner Brezin Commissioner Goodman Commissioner Scholl /(Y es) --;;? (Yes) v (Yes) V (Yes) --L(Yes) _(No) _(No) _(No) _(No) _(No) R2008- All Florida Pools Agrmt & Addeddum For Govt Ctr Fountain Page 2 of2 CITY OF SUNNY ISLES BEACH ALL FLORIDA POOL & SPA CENTER SERVICE AGREEMENT CONTRACT NO: C0607-105 THIS SERVICE AGREEMENT ("Agreement") made and entered into this '1~ day September 2007, by and between the CITY OF SUNNY ISLES BEACH, FLORIDA, a municipal corporation of the State of Florida (hereinafter referred as to "City"), and ALL FLORIDA POOL & SPA CENTER, a Florida corporation, authorized to do business in the State of Florida (hereinafter referred to as "Contractor"). RECIT ALS WHEREAS, Contractor is a qualified pool/water fountain maintenance company; and WHEREAS, after competitive bidding, contractor was determined to be the most responsive and responsible bidder providing the lowest price for the services; and WHEREAS, the City wishes to employ Contractor for fountain maintenance services ("Services") at the City of Sunny Isles Beach's Government Center and to perform such other tasks as more specifically described 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; and, NOW THEREFORE, in consideration of the premIses and the mutual covenants herein named, the parties hereto agree as set forth below: TERMS 1. RECITALS: The recitals set forth above are hereby incorporated into this Agreement and made a part hereof. 2. SERVICES: Contractor agrees to perform all labor in a good workmanlike and professional manner and to perform the Services designated in Attachment "A" attached hereto, and incorporated herein by reference. The Services shall be performed by Contractor to the full satisfaction of the City. Contractor agrees to have a qualified representative to audit and inspect the Services provided on a regular basis to ensure all Services are being performed in accordance with the City's needs and pursuant to the terms of this Agreement, and shall report to the City accordingly. Contractor agrees to immediately inform the City via telephone and in writing of any problems that could cause damage to the City's property, improvements and persons. Contractor will require its employees to perform their work in a manner befitting the type and scope of work to be performed. In the event that the Contractor fails to complete the Services pursuant to the terms of this contract and City must C0607-l0S, ALL FLORIDA POOL & SPA CENTER AGREEMENT 8/] 4/07 Exhibit "A" S"P . I u City of Sunny Isles Beach 18070 Collins A venue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax undertake the completion of performance of Services, Contractor agrees to indemnify the City for all costs incurred with respect to the completion of those Services and any damages the City may suffer as a result of the Contractor's failure to perform the Services. 3. TERM: Subject to the provisions relating to the termination of this Agreement as set forth hereunder, the term of this Agreement shall begin upon the execution of this Agreement. The term of this Agreement may be extended for an additional term at the option of the City. Payment will be made only for work completed to the satisfaction of the City. Contractor is to commence performance of work on the Commencement Date and continue in a diligent manner until work is complete with a deadline of one (1) year. Contractor acknowledges that compliance with the commencement and completion schedule is the essence of this Agreement. The terms of Sections 9 and 10 entitled "Compliance with Law" and "Waiver of Liability/Indemnity," respectively, shall survive termination of this Agreement. 4. COMPENSATION: A. Contractor shall be compensated a total fee of Four Hundred and Ninety- Five Dollars ($495.00), on the month being serviced. Payment is due in advance when billed by the lOth day of the current month being served. The City shall be responsible for the cost of all chemicals, as specified in Attachment "A", three (3) times a year, for a total cost of Four Hundred and Seventy-Nine Dollars and Eighty-Five Cents ($479.85). All services and costs provided as stated in Attachment "A". Additionally, the fountain may be drained and cleaned when requested by the City, The Contractor shall be compensated a total fee of, Six Hundred and Fifty Dollar ($650.00) each time the fountain is drained and cleaned. Payment is due in advance when billed by the lOth day of the current month being serviced. All charges under this Agreement shall be in accordance with this Agreement and a schedule of charges and tasks reflected in Attachment "A". The Contractor shall make no other charges to the City for supplies, labor, licenses, permits, overhead or any other expenses or costs unless any such expense or cost is incurred by Contractor with the prior written approval of the City. If the City disputes any charges on the invoices, it may make payment of the uncontested amounts and withhold payment on the contested amounts until they are resolved by agreement with Contractor. B. It is anticipated that these isolated tasks will not cumulatively result in expenditures exceeding Ten Thousand Dollars ($] 0,000.00). However, in the event, the total charge by the Contractor approaches that amount, in accordance with Ordinance No. 2000-10 I, Section 3.] c, the City Manager shall require an approval by the City Commission for such expenditures. 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 ten (10) days written notice to Contractor. Upon termination, the City may re-bid the project if the Contractor fails to perform under this Agreement due to the undisclosed conditions. C0607-I05, ALL FLORIDA POOL & SPA CENTER AGREEMENT 8114/07 2 SIB ."" City of Sunny Isles Beach 18070 Collins A venue, Sunny Isles Beach, Florida 33] 60 (305) 947-0606 phone (305) 949-3113 Fax 6. 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 minimum limits of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) aggregate. o Worker's Compensation, as required by law, but with no less than $1,000,000 for Employer's Liability. o Umbrella/Excess Liability coverage in addition to the foregoing limits that when combined with the foregoing limits provide total coverage of at least Three Million Dollars ($3,000,000). 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 with a minimum Best rating of A-Excellent. Before any work under this Agreement is performed, and at any time upon request, Contractor shall furnish to the City certificates of insurance evidencing the minimum required coverage and shall be appropriately 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 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 sub-Contractors 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. 7. OWNERSHIP OF DOCUMENTS:The parties agree that all documentation and work product produced pursuant to this Agreement shall become the exclusive property of the City and shall be provided to the City upon request. C0607.105. ALL FLORIDA POOL & SPA CENTER AGREEMENT 8/14/07 3 SIR ;:,... ~ity of Sunny I.des Beoch 18070 Collins A venue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 8. INDEPENDENT CONTRACTOR RELATIONSHIP: It is understood and agreed that nothing contained in this Agreement shall be deemed to create a partnership, joint venture, other association, or an employer/employee relationship between the Contractor and the City. Contractor shall be in the relation of an independent contractor and is to have entire charge, control and supervision of the work to be performed hereunder. 9. COMPLIANCE WITH LAW: Contractor shall comply with all laws, regulations and ordinances of any federal, state, or local governmental authority having jurisdiction with respect to this Agreement ("Applicable Laws") and shall obtain and maintain any and all material permits, licenses, approvals and consents necessary for the lawful conduct of the activities contemplated under this Agreement. Specifically, Contractor shall comply with all applicable conflict of interest provisions as provided in state statutes, Miami-Dade County Code and the Code of the City of Sunny Isles Beach (Section 62-16 entitled "Ethics in Public Contracting"). As provided in Section 62-16, Code of the City of Sunny Isles Beach, the City Commission may terminate this Contract for violation of the above-referenced ethical standards. 1 O. WAIVER OF LIABILITY/INDEMNITY: The City shall not in any way be answerable or accountable for any violations of applicable laws or for any injury, loss or damage arising from the negligence or omission of Contractor or anyone of its employees, contractors or agents. Contractor hereby agrees to indemnify, defend and hold harmless the City from and against any claim, loss, damage, liability, cost or expense, including attorneys' fees, whether or not due to or caused in whole or in part by City or its employees, arising out of (i) the performance or breach by the Contractor of its obligations under this Agreement, (ii) any personal or bodily injury, including death, to any person and destruction of property resulting from the performance or breach by Contractor. Contractor's indemnity obligation shall extend up to but shall not exceed the higher limits of that insurance. Contractor hereby irrevocably waives any right and agrees not to file any mechanic's or materialman's lien against City property. 11. ASSIGNMENT: This Agreement shall be binding upon and shall inure to the benefit of the City and to any and all of its successors and assigns, whether by merger, consolidation, transfer of substantially all assets or any similar transaction. Notwithstanding the foregoing, this Agreement is personal to the Contractor and it may not, either directly or indirectly, assign its rights or delegate its obligations to City hereunder without first obtaining the City's consent in writing. Any such attempted assignment or delegation shall be deemed of no legal force and effect whatsoever. 12. TERMINATION: 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 C0607-105. ALL FLORIDA POOL & SPA CENTER AGREEMENT 8/14/07 4 SIB City of Sunny Isles Beach ] 8070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3] 13 Fax 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 (i.) In the event of termination, all finished and unfinished documents, data and other work product prepared by Contractor (and sub consultant(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 3 herein. (ii.) 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. B. Termination for Convenience of City. The City may, for its convenience and without cause terminate the services then remaining to be performed at any time by given written notice which shall become effective seven (7) days following receipt by Contractor. The terms of Paragraph 12 A(i) and (ii) shall be applicable hereunder. C. Termination for Insolvency. The City also reserves the right to terminate the remaining services to be performed in the event the Contractor is placed either in voluntary or involuntary bankruptcy or makes any assignment for the benefit of creditors. 13. NOTICES: All notices and other communications required or permitted to be given under this Agreement by either party to the other shall be in writing and shall be sent (except as otherwise provided herein) (i) by certified or registered mail, first class postage prepaid, return receipt requested, (ii) by guaranteed overnight delivery by a nationally recognized courier service, or (iii) by facsimile with confirmation receipt (with a copy simultaneously sent by certified or registered mail, first class postage prepaid, return receipt requested or by overnight delivery by traditionally recognized courier service), addressed to such party as follows: If to the City: A. John Szerlag With a copy to: City Manager Hans Ottinot City of Sunny Isles Beach City Attorney 18070 Collins A venue City of Sunny Isles Beach Sunny Isles Beach, Florida 33160 18070 Collins A venue Ph: 305-792-170 I Sunny Isles Beach, Florida 33160. Ph: 305-792-1702 If to the Consultant: Juan Sastre All Florida Pool & Spa 11720 Biscayne Boulevard Miami, Florida 33181 Ph: 305-893-4036 Fax: 305-895-4557 C0607.105, ALL FLORIDA POOL & SPA CENTER AGREEMENT 8/14/07 5 S-. I B "" ! _J City of Sunny Isles Beach 18070 Collins A venue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 14. GOVERNING LAW: The validity of this Agreement and the interpretation and performance of all of its terms shall be construed and enforced in accordance with the laws of the State of Florida, without regard to principles of conflict of laws thereof. The location of any legal action or proceeding commenced under or pursuant to this Agreement shall be in Miami-Dade County, Florida. 15 . ARBITRATION: It is the intention of the parties that whenever possible, if a dispute or controversy arises hereunder then such dispute or controversy shall be settled by arbitration in accordance with the procedures, rules and regulations of the American Arbitration Association. The decision rendered by the Arbitrator shall be final and binding upon the parties and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. Arbitration shall be held in Miami-Dade County, Florida. All costs of arbitration and attorneys' fees incurred by the parties shall be paid by the non-prevailing party or, if neither party prevails on the whole, each party shall be responsible for a portion of the costs of arbitration and their respective attorneys' fees as may be determined by the court on confirmation. 16. REMEDIES FOR BREACH: Should Consultant fail to perform, City shall notify Contractor in writing of such failure to perform and Contractor shall have ten (10) days of receiving such notice to cure such failure. If Contractor is unable to cure such failure to perform, then City shall receive a refund from the Contractor in an amount equal to the actual cost of a third party to cure such failure. The City may sue for damages in arbitration. If Contractor fails, refuses or is unable to perform any term of this Agreement, City shall pay for services rendered as of the date of termination. 17. MISCELLANEOUS: A. In the event any provision of this Agreement is found to be void and unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall nevertheless be binding upon the parties with the same effect as though the void or unenforceable provisions had been severed and deleted. B. This Agreement may be executed in multiple identical counterparts, each of which shall be deemed an original for all purposes. C. This Agreement 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. D. Any modification of this Agreement shall be effective only if in writing and signed by the parties to this Agreement. E. 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. C0607-105, ALL FLORIDA POOL & SPA CENTER AGREEMENT 8114/07 6 SiB City of Sunny Isles Beach 18070 Collins A venue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 18. CONFLICTING PROVISIONS: The terms and conditions in this Agreement supersede any other conflicting provisions that are contained in any other document. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in triplicate on the day and year first written a e. ALL FLORIDA POOL &SP A CENTER: ana" 11 11 t j) '[jJuan Sastre, Route Manager ATTEST ~.A~ Jane Hines, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY~ A/\.A/\~ Hans Ottinot, City Attorney FPp C0607-105, ALL FLORIDA POOL & SPA CENTER AGREEMENT 8/1 4/07 7 <:\R -;'..J a .-" ~~.~ SPA & POOL _W_"_ INSTITUTE \\ (;\' . MAINTENANCI:.. · REPAIRS · R.l::MODElING · SU~~LlES -SPAS ~ 19711 GUARANTE:EOVALUE, PRlel: &'SERVICE...SINcE 1971 11720 Biscayne Boulevard / MIami, FJot1da33181 /Telephone: (305) 893~40361 Fax: (3DS) 895-45571 CPc" 0244450 NAG ADDRESS POOUSPA SERVICE CONTRACT PROPOeAL8UBMIfTEDTO; ,e'f'04. J1<I Z/2.L ~ 1JtF.f . ();.J1v :zJi f,/ a ~o 7-.0 CCC4' rv J ,1/. ff 9 Cf-/ ZlP.?2r ;?.?/ () () PHONE # . (0) (Bpr/MobUe#) CITY sa. D.O.B. DOWN o RE:NT In consideration of the mutual covenants hereinafter contained, CONmACTOR agrees to perlorm the services for the benefit of CUSTOMER set fQ(th below from date hereof and CUSTOMER agree5 to pay the sum or sums as 'silt forth below: ' services:, ..~ - lime,.) ooc' wo.. tho following will bo PMorme. as n.,",el~cIJced by cont"c''''' . r;. 10" ~ check and balance chlOrine ~nd pH when necessary =E"~ . vacuum pool ~ l/V ,'";!J --~ clean surface . backwash filter , u. dean tile . clean hair and lint traip basl(@t . I -. brush pool clean skimmer bask~t OWNER'S NAME /11 rented) D.L. N A water sample will be taken ~en serv;~e begin& and the ~~stomer will be charged for all chemIcals needed to obtain th~ initial proper chemical balance. During the year stabIlizer. cllclum and total a!~IJ/'\lty may be neede(f at customer's expense, _~ I This contract is tor cleaning and chamical service only and in no way includ(lG any repairs, service call$, special cleanuR5 due to hurricanes, high winds. or unullual conditions, [REMARKS: ( /1/'TL -....--- --.. .....----.. .~ /11Vj) ((E/I ~ ~Ld1./'h<J-/r/ 7?Y1./ JbQ 2J\)<l~ 6 ,({) -::-: ~ACL~ ~J: N ~r:'J) ~ hereby propose to furnish labor and mataria.Is-complete in accordance w the above ~NTAACTS for the sum df f'O:!!b:fi~1 'l. AAj2J )J1IVl7.... ~/r./.l dollars (S ) with payment to bp made as follows: Payment is due in advance, when billed, by th h of the current month being serviced. J hereby authoriz.e all charges over 30 days to be automatically charged to my: :l Mastercard 0 Visa 0 Americlm Express This authorization shall also apply to new expiration dates on this acr;:ount. Card Number Signed Name on card-- Exp. Date All material's guaran!eed to be (II!; specltied., All work to be complated in a WOn<rnMlike manner according to 8tandard pratticee, Any alterll~lon or deviation from a~OVf) ",peciflcatic,"!i 1"I/Olv'"l;I extril COSlIil, WIll be eX6C\1toc;l only upon wntlen ord"~, and WIll beCome al'l olIletrs ct1ar9'!1 oller llnd above the estImate. All a9~rnent5 contingent upon. t.trikee., accidents Of delays beyond ou.r contml. Owner to clilrry fire, tornKlo and other necessary In$urance. Our r workers llre fully covered by Workmen's Compenslltion In~uranc". :." In the evei'll ttlB customer is not lia1I111ied with the services performed by All FICll'.da Pool &. Spa Center. cua\Qmer mUfot notify All Florida Pool & Spa Center within 24 hours of the unsatisfactory eervice. In the ellent of such notification, All Renda Pool .\ Spa Cent '8 AoIe obUgation is to reservice the pool withi,.. l' reiUCrJabl1l lime. tlowever. in no event Will the customer be .entltled to a crvdlt. ThiS agreement.s entered into through CUSTOMER'S dUly autnorized officClrsoragtmte and on .IIlT 0.' .cONTFlACZ OR rOUQ," its. owner or auttlQri:red a\lents 01 the owner with full knowledge of the Gonteot:!l hereof llnd acqulellcence thereto. This " nt I" subject to all rm and condltlonll hereof. , ~., Ault10rized Signst1.lr _ C::C,:-'I. '. UACCEPTANCE OF PROPOSAl. -The abol/e prices. SpecifiC41t1On:l and conditIons are llIltlsfaotory and are t1ereb~ aGCeptCld. Signlllure ~( You ar~ authOnzed to do the work al:J speCIfied. Payment Will be mad.. OilS outlined above, Si9!:latu~ Dat~ ~~:.St!Jl'tll.~_-:- , . . ~ S~E ADDITIONAL TERMS AND CONDITIONS ON REVERSE- /' ~0-k;.lJfd- .r;;.;.': 'J ~d(d/4J,l:3 J}lJ L!;SP958fj0F: r.tB _~-L C;T:Il~ )lAiA7/l:'T/QQ . M^"~ Il.IlAllCI2 . IlllfJl\lll~; . 'IL:MULJLLIIiU . ~UPI'lIL.:~ . :;I'^~ GUARANTEED VALUE. PRICE & SERVICE... SINCE lU71 Date: Name Of.property:~ ;-J;;I'Nl:. :Thr! iJ-Ac# Address: . 0 ~'~ Co ~t,/ r-.J;:/ ~ city, State,' Zip: /V. I"r,. tqt:.i,l ""3''3"/6" ,-,\ Attention: It8p- ~ t1r t-lr4iV ,f \?A{I\"->(f (S) T7/YrJ A ?,4 ~ Dear j/;,'T{j 1) /7(" /Let' J) E J' '; / I' e c;.L, . It, 1"\ V\ . L,\. ' We have attempted to reach you several times in l.-eI~rall(;l! Lv yuLJ1." swimming pool. Your pool is in need of rabalD.Hc.iug ClWlIl.iC<:.1.lU I tbose cbolniaals are uecessary :(or us to Jllaintoin your lJoo1 t awJ keeping it at its normal condi tio,n, hl ue and 111gCle f.l'eo. TJlO Cost will be; TOl,'1\L CO:;')... Stab. 2'? Ibs. l..r lbs. 30 ll>s. '1~ f'8 r- ~ / y; y? :r /l9-.If" $ :s=r 9&7 r~ r Stabilizer ,. ... ~otal Alkalinity 'l'A1G $ Calcium Plus CA c. V c. y :;; ~~;~" ~ ~ _ ' -;" 0 /fTF-<J W~ '_' ~c:}; Ut'I"J!t ;;;~ ~l" _. r{,AN"U ~L . ~..~ /lIV}; .~. ~4T7/L.. AC-'offL...' /~L~ r ~/ I Please contact our office as soon as you l:ecei ve tl&iu 1 e L L(u." ( Lu aut~~o ize the above luentioneu items. 10 39\1d lOOd \7aI~OI~ ll\1 L99p9E,890E ri\-!~JI ~ 89:L0 L00(./91/80 I ADDmoNAL TERMS AND PAOVlI~ 1. CUSTOMER agrees to provide reasonable ace"a to tt1e pool location to the employees, representatives. subcontractor, and agents of CONTRACTOR sO that CONTRACTOR may tumlllts obligationti under !hi:! Agreement 115 effiQientty as pO$$ible. CUSTOMER shall keep its $mploye8s. agents, family, guest5 and pels away Irom the peel location during too course of CONTRACTOR'S performance under the Agreement. 2. CONTRACTOR :shall not be liable tor any failure to perform due to strikes, acts 01 God, governmental actions or conditions beyond its control, including unavailability of supplies or labor at prices that are substantially similar to prices at the time of the execution of this Agreement. In the event that materials or labelr c~"ed tor under this Agreemer:tt are not at substantially the sll/l'le prices as at the time of making this Agreement. CONTRACTOR shall have the rIght to amend this Agreement to cover Such ctlanges or to t~minate this agreement. 3. Should CUSTOMER fail to pOly any monies due hereunder within five (5) <';lay!'. tl (1m trl(;ol due dates. all monies that are payable to CONTRACTOR under this Agreement shall immediately become due and payable without the need tor further demand and this Agreement can be terminated by CONTRACTOR without prior nolice. Should CONTRACTOR ratain the services of an attorney aneLIor institute legal proceedings to collect monies thaI are due under tMi$ Agre&men\ or to enforce any provisions trereof, CUSTOMER agrees to be held liable for any costs of said law suit, cotlp.ction and attorney's fees. Title to all items that ~re supplied hereunder by CONTAACTOR shall remain property of CONTRACTOR until paid for in full by CUSTOMER, and CONTRACTOR shall have the right to repossess said Items and/or remove same, with or without the benefit of legal process. The customer acknowledges tne fact that real goodS and value have been added during the term of this contract and agrees that the CONTRACTOR'S rights under the CONTRACTOR'S lien laws shalt eXlel"ld to monies due under this co"tract. 4. CONTRACTOR makes no representations. warranties. promIses, or,sl eJI written ellpre5sed or Implied, with resp49ct to Ihis Agreement. except as expressly provided herein. CONTRACTOR makes no representations or warranties on equipment sold or installed, other than that oHered by the manufacturer 01 said eCluipmenr. Manufacturer warranty does not include any labor charges by said CONTRACTOR. This Agreement can be modified in writing only, to be Signed by all at the parties hereto. 5. CUSTOMER shall be re$ponslble tor damage, toss or cJestnjction, from any source whatsoever, 10 all material, Elquipm&nt, appliances or goods. aftar they have been delivered 10 the pool location. CONTRACTOR shall not be liable tor any loss, damage or deStrucllon to the poollocal1on or premi$es of pool location. by any per so!' (lr l.":ause 'whatsoever (l)(capt when cause~ by !/"Ie employees of CONTRACTOR. CONTRACTOR snail not be liable for any type ot r,lamage, loss or destruction caused by the pool waste or drain outlet line. CONTRACTOR shan not be liable for any oamage to the pool structure or pipi"9 due to underqrOLJnd water pressure. in the event the pool must be drained for cleaning. testing or repairing. 8, CUSTOMER has the right to recind service agreement at the end 01 any month by giving a 30 day written notice of termination. 7. Any changes requested by cu&torner will require a new contract. 8. Monies due 5 days past due date shall bear intrasl at the rate 0118% per annum. S\B ~la 39'\1d IOOd '\1aI~OI~ 11'\1 L99v96890E 9T.:Lla L00l/ET./80 GUAIlANIEED VALUE. PRICE lit SEIlIIICE... SNa 1971 HUGE SHOWROOM 11720 Blscayne Boulevard Miami. Florida 331 B 1 c Tel: (305) 893-4036 Fax: (305) 895-4557 C~ SIB ~' '"~NJ'.:S''' o ....,'>, . <S> ~ ~ =. .... ..~ ~~"" ': -""'<,":':~"'~Oy.\Q"'..,<:" 0"'0""_,,,0 FIRST ADDENDUM TO AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH AND ALL FLORIDA POOL & SPA CENTER CONTRACT NO. C0708-054 THIS FIRST ADDENDUM ("First Addendum") entered into this ~ day of ~, 2008, amends that certain Agreement between the City of Sunny Isles Beach, Florida ("City") and ALL FLORIDA POOL & SPA CENTER, a Florida corporation, whose Federal Identification # is 59-1492794 ("Contractor"), under Contract No. C0607-105, with an effective date of September 17, 2007 (the "Agreement") for fountain maintenance services at the City's Government Center. For the consideration provided by this First Addendum, which are deemed by the Parties as adequate consideration, the Parties agree as follows: 1. ADDITIONAL SCOPE OF WORK: The City wishes to add to the original Agreement to construct a permanent liner for the fountain surrounding the Government Center Commission Chambers, as more fully described in Attachment "A". 2. COST: The Contractor agrees to be compensated for the additional scope of work described above, in accordance with the payments terms and conditions of the Agreement, an amount not to exceed Eleven Thousand Seven Hundred Fifty Dollars ($11,750.00). 3. TERM: The term of this First Addendum shall begin upon the execution of this Addendum and shall end on October 1,2008. 4. MISCELLANEOUS: That except as modified herein, the terms and conditions of the Agreement shall remain valid and effective and shall control and govern this First Addendum, IN WITNESS W ed above. F, the parties hereto have executed this document as of the date ALL FLORIDA POOL &SP A CENTER: Signature Print Name Exhibit "B" C0708-054 All Florida Pool & Spa Center Service Agreement ATTEST: BY: ~ A. t1~~ , Jane A. Hines, CMC, City Clerk CITY OF SUNNY ISLES BEACH v-- APPROVED AS TO FORM AND LEGAL SUFFICIENCY C0708-054 All Florida Pool & Spa Center Service Agreement 2 " f 02/28/2008 08:17 3058954557 ALL FLORIDA POOL PAGE 02/03 LiOrlnSed & lnaunld Stale; CPC 024450 1IIl"-,,, ~ t::::l :&:~m! -GUARANTEED VAt.UE, PRiCe 8. SERVICE on SINCi 1971 11720 Biseayne Eloufevard · Miami, Rorida 33181 · Telephone: (305) 893-4036 · Fax: (305) 895-4557 Date D2fl8I2008 Attn: VICTOR Property Owner Name CITY OF SUNNY ISLES BEACH Address 18070 COLLINS AVE City, Zip SUNNY ISLE~ 33160 CONTRACT Phone (H) Phone (0) Size of Pool ~N 3000 SF CeI1 Fax 305-792.1678 Spe NI Florida Pool & Spa Center willI>> responsible for the following check8cl items: ICI Emptying of the poollDpll water using our submersible pump&. m Sandblast pooVepa wan, and floor - sandblasting Is needed to remove old paint8d surfaces, We will spread the sand on the premises unless otherwiae noted, Aemar1<a: EI Soundproof PooIISpa . chipping out all roose an(J hollow areas to allow for a solid apj)/icatiOn of new pool surface. Up to 10% of surface area included in price. l!I Acid Wa$h PoolISpa - Acid washing III needed to clean and etctI pool surface. IJ Mullicoat bonding applied as a preparation to resurfacing pool/spa. ThiS $tep insures a good bond of the new surfaea to the existing strvetur'll and pr"vents delamenatlon. Ll Apply Marbletlte to pool/spa surface. New surface Is applied wlth tl'la steel trowel methOd to insure smoothness and consistency, m Apply Diamond Blfts Aggregate to !Xlol/ej)a. New surface Is applied with the stGel trowel rneIrlOCl to insure smoothness and consi!$tern;y. Exposed Aggregate surfaces are Slightly rough",," and have shade variations, but are much rl'lOIe dUl1Ible and long lasting. All Florida Pool & Spa Center and tl'le material manufacturer ~ees Marblsli!e for 2 yeGI'$ materi- als and labor, Diamond Brite Exposed Aggregate Is guarantoed for 10 yeera material S years labor (l'l!IsIdentlal) and 5 ye&15 material and labor (commetciaO. The guarantee is for b1lsf8r1ng, flaking or peeling. The guarantee does net Includo crae~ or atains. Stains can be caused by impl'Op8l' wAtter balance. Guarantee Is not transferabla.. Remarks: o Tile - a new _ inch tile line will be installed around the Interior paril'l'lGter cf the pooIIspa. TIle Includact from our wide standard selection. Remarks; Ll Brick & Coping - The axiating coping will be taken off and hauled away_ The br'ic:Q will be Installed perpendicular to the pool. Bricks included unless noted, Ramalb: lJ Decking- o Piping - NI pIping wort< is done with SChedule 40 P.V.C. All below-graund plumbing i$ guaranteed for 1 year. 121 Com~ balancing Clf new water with: 1. Chlorine 2. Sequestertng Agent 3. Balance pH 4. Balence Stabil~ S. Elalaooe Total Alkalinity 6. Beiance OaIctum HaTdn.ss New water J)l'efiltered to minimize staining by initial fill \q(er. C Other Wort<, M8terial$, or Equipment: Deposit due upon signinQ contract Due upon SANDBLAST Due upon D1BRITE APPlIC 6alanca {llJ~ upo~ h~1lI'l1 wv.tllr oouml 50% = $ 5815.00 25~ = $ 2937.50 20%=$ 5% =$ Sub Total $11.750.00 Tax INCLUDED Total $11.750,00 COOT OF PERMrrs OR PlANS EXTRA ElectrIcal Not Inch.lded. d condlllol'llllt1t fOrth 0" front and bacl< of thil eontract are he,..by accepted. [J I have recelvsc:I paaa 2 Property Owner .....1l'oIl-....---..........._1IIgao0Cllll'1Il.........!oelI..._____... ATT ACHMENT HA" 4 , .82/28/2008 08:17 3058954557 ALL FLORIDA POOL PAGE 03/03 1. Guarantee _ All FJoridll Pool & SOn Cent$!' IAFPSC) 8UrftlCe. lor delaminadcna, flaking off 01' _lng, The glJlITantee dOn not in~u~ crack$, ~ns. etching or spolting. as thllse c;an be caused by mllnY c:ondltlom; beVOnd our control, Proper WlItlIr Chemistry must be m(lintalned w~h accepIed illdustry standards. Wt\mInty i!l not Il'llflslerable. 2, Customer shall be _pOnsib\l! lor keePing Ita employ-, family, IlgI!lms, guesl!l and pet! ~ f10m the poollOQallon duI1ng period Wl\6ll work l;legll1B until the work is complst!l. Homeowner 1$ respoMible to IeB~ pooIlIghl&. motors. elC, off dul1ng ~ufSll of work and 110 s(lC:Ure the worl< OI'8ll. 3. AClequate eleCttiO and water must bs SlJpplled by owner for AFPSC to accomplish Its worJc. 4. Thil: c:ontr&ct i$ consldersd as binding unclP.r Florida LaW once :signed by batft OQrlJea. cancetl8don will be con8icWed a brMCh of contract. Warranties on the pool ftnlllh wi! go Into effoc:t upon I'ICOipt of final payment by tile customer. The manufadlnr Wlltl'QIlllea Mat1)leltte msletiallor two (2) ~ and D~mond Brite Matlllbd for ton (10) yB8f$ (resldential) rIVe (S) yeer.; (commen:iall, AFPSC womm1lea label' for two C2l )'ears and flY!: (5) )'llIn *pectlvaly. S. E1eo1l'ical welk is nO' included unless specified on the rront of thla Contract e. Struetural cracks or 1)I'ObIsm$ eat,l$ed by ~vr81 cradIs in decka. wt/1$, I'8ta1nlng w..IllI, dllCk 10PPlnga or pOOl SUrfBC8 81'0 not guBnlfttClfld. Dsc:k toppings In nOt guaranteed ~nst di1;OcllOtallon. staining, normel $j!IUlng or ~nslon creclCing. or ~king. Repair$ '0 pool &\ruC;ture warTBntied for one(11 year matarial illld labor. 7. Pool finish8$ :n not guaranteed against d1scalOratiOrl or staining since 8IIch di$coklnrtiOn gertellllly res\lll$ fmm local watIIr c:onditlons. 1fl1lRlP9r USO 01 chemica~. or Improper POOl maintenance. AFP5C asslll1l8& no IlabIDty for "arIatIan In color 01 mottliI'IIJ \tlat may occur In the poolllnlsh. Due 10 the raw j)I'Oducta used to produce the!!e mBt8rlals, rJ1ght &haded d1lfenln015 al'B conaidtred narmal. Some cement eream 1IpO\$ or atreak8 may lIIso be prownt upon compledon. TI'1eSe m.taIsnould not be COllsldered imo.,rlllCllons and ueuaUy dlssil*e over tfme. OtJe to the exposure proeMS reI~ng on emllient ~. nIlstlYe humidity. .n(f other factorS QUlSlde of AFPSC's comrol it should be undOl'$tOOd thlll the final product WIll V3I'/ frOm the sample. and !'rom poOl to pool. S. Any alterations or deviation frOm above specifications involving mill CO$! will be tIlecuted only upon wrttl811 order Ilnd will Decome ." $lI.t"" charge over and &boyel'" amount agl'8ed to &bOlle, p~ of SUCh change order win be d\l8 immediatelY. 9. Ui'l1es!l: otherwise noted. the b!'ick coping win be putl8v$l on top of the _!sting pool beam. Depending on 1t1!1 oiStlng deck ai'Id the pool beam, you may ue the aide of the brick. thO ITlOrt8r under tl'le brick, or a grout lolnt CO\lld be vIslble ~ the back of th8 brick. DeI)endIng on lilt new coping )lOu selec:t. it may not completely caver the area lIXposed by the I'OI\'lOVlIl of the old coping. 10. All monie!: are dU9 I,Il>>ft Inltlal poOl water balanCing. AIry cost reA collectioM, atIOmey& fees. and/or court costa wiD '" rhe I'B8ponSibility of the pool owner. The hi~h~t Inwesl ch3rge Bllowable will epply to all monisG due oyer 30 days. 11, Although we U$O the wet llIIl'ldbl;l$tlng procedl.re which lessens the llI"/\Ount of mess created by the $llnclbluting &lfOOlIS8, therc wfU !ll1II be a re91due \eft alter !I8I1dblasting that wlll wash away 8f\8I' $4!MftI raift$ or hllSlnga. If a sped" locafl()llll WIII1led for the llIIl'ldtllas.lIng debris, plee9a 1st us knew prior 10 ~ St8Iting \his procesa, 12. In the e..onl of und8l"(p'O\lnd obstructiO/'l!l. 3re found dt,Jrlng piping. such lIlI coral roek. foottrs. e\C. AFPSC at i'l$ dlaa1IIion /MY cut the deck to complete its task. Deck 18pa1'$, unless otherwi$e noted. are the respon:sibility of the hOmeowner. Additlclnlll ch~ may be wammted il coral rock removal Is necessary wI1en mccavaling. 13. This contrIlCl coft$tiMes the entire contract, and the parties ore not bound l>'I allY ond IXSlresdon Dr by llny commltJTient 0I1l1T11n(jMl.,m not specl1led in thiS contract. 14. AFPSC shall not be 1'101 be liable for :lny loss, (fam;lgB. or dllGlI\Jctlon to the poollocatlon ~ premises of pool location, ~ any person at caUSI'l whatsoever elleept when caused by the employees of AFPSC. AFPSC G/I3lf not be lillble for any danIage to the pOOl structunl or piping dUB to under'gl'ound water pr'eS$UrB In the event the poOl nwst be drained. 1 S_ The g\lllrtlntee snd warranties ere only $IlectMl if Buyer has comPlied wtth all Of Ine term& enct conditions, ~ts enct other proI/lsiol1$ of this contrncl. Unless otherwlge speekd, completioi'lls dellned as the pool being surfllCBd. 16. At any time during thP.job. the hOmeownEIT may choose to dO a walk through with AFPSC 10 point out any repalnl nGelded (Jlunch fist) prior to chemlcal bAlancing SD lIS to not delay tI'iCl payment scIltdule 8lIIIsted on the front Of the contract. 17, AU CDsts Of water, electricity, and/or eewet are the sole ~slblDly of the pool 0Wft8I'. In the went the pool needs to be drained for a W3l'll1nty repair. ttl8 Buyer is I'I$llOll8Ible fDr the coat of nlfil/itlg and I8ba1encing 1he poOl. APPSC ia o.w responaible 10 l'l!PBir \he !ailed ~ of the pool finish. 'ThIs 8I8ll may have a shacle!texture variatiOn fmm the p~ finish. This holda trIlti rogardI- of tile age of the pool finish. 18. If 1he local government l'll':1ulres any VI)Qradlng of thO pOOl to cuml1'It cod.. the CO$t of thst w~ iI not part Of IN!: cantr'8ct. will be additiDnal. '9. AFPSC is no1 AlaponSible for damage to elllstlng, imtltOYed or unimproved conditions on. In or unCIlf'the prDperiy including, but not limited to, svct! Items a& Dlumblng. CUI'b$. sidewalks, driVewll)I!l. pstios. trees. lawns, $1U'ubs. fance$. walls, structure! foundations. or !lPI'Inkler ayslOlll!l and aopurtenancea. 20. In the evant BXc~ive vnderground water concsitions exllit which requlni pumpG to cDntn)l, a :leparate lIStimIte wlll be gillen to control said water. 21, AU malerlals and ('IqIJlpment I'8m:llln the prOpoIl'lY of AFPSC untll wolk ill paid in full. In tile event 01 defaUlt of Bny term 01 this egrvement acceM mU31 be givM 10 AFPSC 10 relr\elle said P'OPerty. 22. This contract does not inc:llJde additional work roqui/'iXl by exposing concealed canctltlons luch as, bUt IllltllmltllCllO, burled wlltolr, gas, aewer or eloctrlcalllnes. $tructuraJ crsc~. undermlnil'lQ tlUb9tBndatd llnlYlous work. llOOr lIOlI CDi'lditiOnS, etc. 23. Should AFPSC retain 1M services of an attorney and/or i/\eUf other exoenses to enfortO the conditions or paymenl& dll8 accord1ng to 1"la contract. customel'lhomeo_ will be respon$ibla for the 8J(tra eXpenllea inCUfl'ed. 24. Contract inclUdes the SQuare footegB of deck lIS atllled on 1M contract. AfI'I !'mount 0\/llI' thlll will require a change order arv:s addltlontll cIwge, 10 be l\Ppnlvad by 1M Buyer. When ClQing deck work. if there la an $(i$IIng ISCnleI1 o;lnclosure. unls$$ oltlerwlse nolOd. Ihe !IlT18Il al'B8 Dn the 0U!$Ide of the screen will not be toPI>Bd. 25. Homeownar is rosponalbls for {ll<ldlng. backfdr!11g ;Ind raaodding 1JI;)10 \he new declc. The pOOl 0- Is rsst)Ol'lSlble for pr'Oj)8f o~t1on Of eircvlstlon equi~ment. If any eQuipment does not openl18 C01'l8ClIy AFPSC will inform the poOl owner. If the problem may etIec:llhe finished product. the pool owner must !'lave the problem CQrI'ected. Any IaIlul'B8 caused by this Ilt8 not covered by our wllnBnty, "Please note: the following statement Is required by law" ~CCORDIN~10 FL08lP~S CONSTRUCTION LIEN LAW SECTIONS 713.001 - 713.37 FLORIDA $JATUTES__--SE WHO ~RK ON YOUR PROPERTY OR PROVIDE MATERIALS AND ARE N.QI PAID-IN FULL HAVE A RIGHT TO ENf..Q8CE THBR CLAIM TO PAYMENT AGAiNST YOUR PR~~lS C=~~OWN AS A CON-STRUCTlON LIEN. IF YOUR Qt)NrRACTOR OF $.U_o._ ___OR__ __ PAY SUBCONTRACTORS SUB-SUBCONTRACTORS OA MATERIALS ,aUPPUERS OR NEGLECTS TO MAKE OTHER LEGAL PAYMENTS THE PEOPLE WHO ARE OweD MM LOOK TO YOUR PROPE~ty FOR PAYMENT EVEN F YOU HAVE PAIDXQUR CON~TRACTOR IN fULL YOUR CONTRACmB MAY ~ HAVE A LIEN ON YOUR PROPERTY, THIS MEANS lEA L1~ IS ALED YOUR PROP-ERTY COULD BE SOLD AGAINST YOUR WILL TO PAY FOR LABOR M~TERh\L~ ANQ oTHER ~RVlCES TH.e.T YOUR CQ.NTRACTOR OR A SU~NTRACTQ8..MAY HAVE FAILED-YO PAY. FLORIDA'S CONSTRUCTION U~ LAW J9 t:OMPLEX AND IT IS RECOMMENDED THAT WHENEVER A SPECIFIC PROBLEM ARISES. YOU SHQULD CONSULT AN ATTO~ ADDITIONAL TERMS AND PROVISIONS ~ OF SU'"' (305) 947-0606 City Hall (305) 949-3113 Fax (305) 947-2150 Building Department (305) 947-5107 Fax City Commission Norman S. Edelcup, Mayor Lewis J, Thaler, Vice Mayor Roslyn Brezin, Commissioner Gerry Goodman, Commissioner George "Bud" Scholl, Commissioner A. John Szerlag, City Manager Hans Ottinot, City Attorney Jane A. Hines, CMC, City Clerk City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 TO: Honorable Mayor and City Commission VIA: John Szerlag, City Manager FROM: Jorge Vera, Assistant City Manager Doug Haag, Assistant City Manager Rick Conner, Director of Public Works DATE: April 17,2008 REGARDING: Ratification of Fountain Maintenance Agreement with All Florida Pool & Spa and Approval of 1 st Addendum to Said Agreement RECOMMENDATION It is recommended that the City Commission ratify the Fountain Maintenance Services Agreement with All Florida Pool & Spa and approve a 1 st Addendum to said Agreement. REASONS On September 17, 2007, the City entered into an agreement with All Florida Pool & Spa to provide maintenance and cleaning services for the Government Center Fountain. At that time, it was anticipated that these services would not individually or cumulatively result in expenditures exceeding $10,000,00, and the Agreement was approved administratively. A copy of the Agreement is attached hereto as Exhibit "A". Now, the Government Center Fountain is in need of a new liner. This will be a marked improvement to the existing surface which must be constantly drained and cleaned (causing serious concern in this time of major water conservation efforts) and will provide much improved aesthetics. Long term durability will also be significantly improved. All Florida Pool & Spa has submitted a proposal for construction of the liner, in the amount of Eleven Thousand Seven Hundred Fifty Dollars ($11,750), attached hereto as Exhibit "B". ADDITIONAL INFORMATION These additional services will result in result in expenditures exceeding $10,000.00 to the vendor for the current fiscal year. As such, the Agreement and the 1 st Addendum to the Agreement are being presented for Commission ratification and approval, respectively. Funding is currently available in the City Hall Improvements Capital Account 20-600-5615. Finance Department Commission Meeting Date: lOG 4-/7- o~ Agenda Item No.: Funding available: Cover Memo All Fla Pool & Spa Agrmt & Liner for Fountain City Commission Norman S. Edelcup Mayor Lewis J. Thaler Vice Mayor Roslyn Brezin Commissioner Gerry Goodman Commissioner George "Bud" Scholl Commissioner A. John Szerlag Cify Manoger Hans Ottinot Cify Attorney Jane A. Hines Cify Clerk April 25, 2008 Juan Sastre, Route Manager All Florida Pool and Spa Center 11720 Biscayne Boulevard Miami, Florida 33181 Re: Ratification of Maintenance and Cleaning Services Agreement and Approval of 1 st Addendum to the Agreement Dear Mr. Sastre: At its regular meeting of April1?, 2008, the City Commission adopted Resolution No. 2008-1255, which ratified an Agreement with All Florida Pool and Spa Center for maintenance and cleaning services for the fountain at the Sunny Isles Beach Government Center and approved a 1 st Addendum to the Agreement for the construction of a liner for the fountain. Enclosed are two (2) originals for witnessing and execution by your firm, Upon completion, please return the originals and any and all insurances and/or bonds required by said Agreement to me. A fully executed original Agreement will be mailed to you once processing has been completed. Thank you. Very truly yours, ~.J20<>.~ Priscilla Walker, CMC Deputy City Clerk Enclosures cc: Rick Conner, Public Works and Engineering Director (w/o attachments) Office of the City Clerk (305) 792-1703 Phone (305) 949-3113 Fax All Florida Pool Fountain Liner Agrmt For Sig Ltr City Commission Norman S. Edelcup Mayor Lewis J. Thaler Vice Mayor Roslyn Brezin Commissioner Gerry Goodman Commissioner George "Bud" Scholl Commissioner A. John Szerlag City Manager Hans Ottinot City Attorney Jane A. Hines City Clerk May 6, 2008 Juan Sastre, Route Manager All Florida Pool and Spa Center 11720 Biscayne Boulevard Miami, Florida 33181 Re: Ratification of Maintenance and Cleaning Services Agreement and Approval of 1 st Addendum to the Agreement Dear Mr. Sastre: At its regular meeting of April 17, 2008, the City Commission adopted Resolution No. 2008-1255, which ratified an Agreement with All Florida Pool and Spa Center for maintenance and cleaning services for the fountain at the Sunny Isles Beach Government Center and approved a 1 st Addendum to the Agreement for the construction of a liner for the fountain. Enclosed are a fully executed original Agreement and a copy of the approving legislation for your files. Thank you. ~IY ~ours, ~(!..t.Wa-llh () I//J1'.. Priscilla Walker, CMC~ ~ Deputy City Clerk Enclosures cc: Rick Conner, Public Works and Engineering Director Anice Paul, Administrative Assistant to Finance Department Office of the City Clerk (305) 792-1703 Phone (305) 949-3113 Fax All Florida Pool Fountain Liner Exec Agrmt Ltr