HomeMy WebLinkAboutCity of Tamarac Resolution R-2005-2341
Temp. Reso. #10850
11 /10/05
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2005-�_
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO AWARD RFP
05-13R AND EXECUTE AN AGREEMENT WITH JEFF
ELLIS MANAGEMENT, LLC, FOR SWIMMING POOL
MANAGEMENT SERVICES AT THE CAPORELLA
AQUATIC CENTER, FOR AN AMOUNT NOT TO
EXCEED $700,453.00, PLUS SHARED REVENUES,
FOR A TWO-YEAR CONTRACT; APPROVING
FUNDING FROM THE APPROPRIATE ACCOUNT;
PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City of Tamarac desires to provide its residents and
visitors a higher level of service by enhancing and improving its outdoor recreation
facilities and environment; and
WHEREAS, in January 2002, the City of Tamarac received a grant from
the Broward County Swim Central Program to design and build an aquatic
complex; and
WHEREAS, The Caporella Aquatic Center is currently under construction
and is planned to open in the spring 2006; and
WHEREAS, the City published Request for Proposails RFP #05-13R for the
provision of Swimming Pool Management Services at the Caporella Aquatic
Center; and
WHEREAS, Request for Proposals RFP #05-13R is attached hereto as
"Exhibit 1 "; and
Temp. Reso. #10850
11/10/05
Page 2
WHEREAS, the City examined responses from Jeff Ellis & Associates d/b/a
Jeff Ellis Management, LLC, and The Champion Corporation; and
WHEREAS, the two above mentioned firms were requested to make formal
presentations to the RFP Selection and Evaluation Committee consisting of
Interim Director of Parks and Recreation Greg Warner, Parks Superintendent
Lance H. Moll, Assistant Director of Public Works John Doherty, Safety
Coordinator Vince Bernd, and Special Projects Coordinator Michael Gresek; and
and
WHEREAS, a copy of the ranking sheet is attached hereto as "Exhibit 2";
WHEREAS, the RFP Selection and Evaluation Committee determined that
the response submitted by Jeff Ellis Management, LLC, attached hereto as
"Exhibit 3" was best able to meet the needs of the City; and
WHEREAS, the City of Tamarac has negotiated a contract with Jeff Ellis
Management, LLC, for their services at a cost not to exceed $700,453.00, plus
shared revenues, for a two-year contract, as outlined in the Scope of Services,
attached hereto as "Exhibit 4"; and
WHEREAS, it is the recommendation of the Interim Director of Parks and
Recreation and the Purchasing and Contracts Manager that the contract for the
Swimming Pool Management Services at the Caporella Aquatic Center be
awarded to Jeff Ellis Management, LLC; and
I
Temp. Reso. #10850
11/10/05
Page 3
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
award the contract for the Swimming Pool Management Services at the Caporella
Aquatic Center, at a cost not to exceed $700,453.00, plus shared revenues, for a
two-year contract, as outlined in the Scope of Services.
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.
I SECTION 2: Jeff Ellis Management, LLC, is awarded the Request for
Proposal for Swimming Pool Management Services at the Caporella Aquatic
Center at a cost not to exceed $700,453.00, plus shared revenues, for a two-year
contract, as outlined in the Scope of Services.
SECTION 3: That the appropriate City officials are hereby authorized to
execute an Agreement between Jeff Ellis Management, LLC, and the City of
Tamarac for the Swimming Pool Management Services at the Caporella Aquatic
Center (attached hereto as "Exhibit 4")
SECTION 4: That funding will be available in the appropriate Parks and
Recreation Department Operating Account.
SECTION 5: All resolutions or parts of resolutions in conflict herewith are
Ihereby repealed to the extent of such conflict.
Temp. Reso. #10850
11/10/05
Page 4
SECTION 6: 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 7: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this day of PCcm1be(2005.
JOE SCHREIBER
MAYOR
ATTEST:
1�4� �
MARION SWENSON, CIVIC
CITY CLERK
RECORD OF COMMISSION VOTE:
MAYOR SCHREIBER
DIST 1: COMM. PORTNER
DIST 2: V/M TALABISCO e--
DIST 3: COMM. SULTANOF
3S
DIST 4: COMM. ROBEIRTS
I HEREB y GER I I F Y inat
I have approved this
RESOLUTION as to form.
SAMQEL S. GORI�N
CITY ATTORNEY
F1
I
I
'Temp. xeso. 41ud-')u - Exhitart 1
INVITATION TO BID
RFP 45-13R
SWIMMING POOL MANAGEMENT SERVICES
FOR THE CAPORELLA AQUATIC CENTER
Issued on behalf of
the Parks & Recreation Department
City of Tamarac
Purchasing Division
7525 NW 88t" Avenue
Room 108
Tamarac, Florida 33321-2401
(954) 724-2450
City of Tamarac
IR t
Purchasing and
Contracts Division
Date: May 9, 2005
"Committed to
REQUEST FOR PROPOSALS
ALL QUALIFIED PROPOSERS:
RFP NO. 05-13R
Sealed Proposals, addressed to the Purchasing and Contracts Manager of the City of
Tamarac, Broward County, Florida, will be received in the Purchasing Office, 7525 NW 88th
Avenue, Tamarac, Florida 33321-2401 until 4:00 PM local time, Wednesday, July 6,2005
for SWIMMING POOL MANAGEMENT SERVICES FOR THE CAPORELLA AQUATIC
CENTER.
The City is soliciting proposals on behalf of the Tamarac Parks and Recreation Department
to obtain the services of a qualified firm to provide management services at the Caporella
Aquatic Center, 9300 NW 58th Street, Tamarac, Florida.
Sealed Proposals must be received and time stamped in the Purchasing Office, either by mail
or hand delivery, on or before the date and time referenced above. Any Proposals received
after 4:00 p.m. on said date will not be accepted under any circumstances. Any uncertainty
regarding the time a Proposal is received will be resolved against the Proposer. Official time
will be measured by the time stamp in the Purchasing Office.
A pre -proposal Conference will be held at 10:00 A.M., Thursday, June 23, 2005, in
Room 105, at the Tamarac City Hall located at 7525 NW 88 th Ave., Tamarac, FL.
City reserves the right to reject any or all Proposals, to waive any informalities or
irregularities in any Proposals received, to re -advertise for Proposals, to award in whole or
in part to one or more Proposers, or take any other such actions that may be deemed to be
in the best interests of the City.
Upon award, the City will require all vendors to obtain Performance & Payment Bonds
equal to 100% of the value of the total Agreement.
Proposal documents may be obtained from the Purchasing Office or via the Internet at
hftp://www.tamarac.org/Dept/fin/purch/solicitations,html, For inquiries, contact the
Purchasing Office at (954) 724-2450.
Keith K. Glatz, CPPO
Purchasing and Contracts Manager
Publish Sun -Sentinel: Sunday, May 15, and Sunday, May 22, 2005
7525 NW 88th Avenue N Tamarac, Florida 33321-2401 0 (954) 724-2450 0 Fox (954) 724-2408 m www.tomorac.org
Equal Opportunity Employer
of Tamarac
_AunqLqsing and Contracts Division
REQUEST FOR PROPOSALS
RFP 05-13R
SWIMMING POOL MANAGEMENT SERVICES
Definition: A Request for Proposal (RFP) is a method of procurement permitting
discussions with responsible Offerors and revisions to proposals prior to award of a contract.
Proposals will be opened in private. Award will be based on the criteria set forth herein.
1. INTRODUCTION
The City is soliciting proposals on behalf of the Tamarac Parks and Recreation Department
to obtain the services of a qualified firm to provide Swimming Pool Management Services
for the Caporella Aquatic Center, located at 9300 NW 58 th Street, Tamarac, Florida.
INFORMATION
For information pertaining to this Request for Proposals (RFP), contact Purchasing at (954)
724-2450 or Mr. Greg Warner, Interim Director of Parks and Recreation at (954) 718-1782.
Such contact shall be for clarification purposes only. Material changes, if any, to the scope
of services or proposal procedures will be transmitted only by written addendum.
It is preferred that all questions be submitted in writing, either via fax or email.
Fax questions to (954) 724-2408 or email to 12urchasingCcD-tamarac.org.
III. PRE -PROPOSAL CONFERENCE
A Pre -proposal Conference shall be held on June 23, 2005 at 10:00 A.M. for answering
questions related to this proposal. The conference will be held at Tamarac City Hall,
7525 NW 88th Ave (Pine Island Road), Tamarac, FL, Room 105, for purposes of
familiarizing prospective vendors with the requirements of the proposal. Although the
Pre -Proposal Conference is not mandatory, all prospective vendors shall be responsible
for familiarizing themselves with all conditions and requirements of this proposal.
IV. SCHEDULE OF EVENTS
The schedule of events related to this Request for Proposals shall be as follows..-
RFP Document issued
June 17, 2005
Pre -Proposal Conference
June 23, 2005
Deadline for Written Questions
June 29, 2005
Deadline for Receipt of Proposals
July 6, 2005
Evaluation of Proposals
July 7 -- July 25, 2005
Presentations by Short-listed Proposers (if required)
Week of August 8, 2005
Final Recommendation
August 15, 2005
Anticipated Award by Commission
September 14, 2005
All dates are tentative. City reserves the right to change scheduled dates.
of Tamarac
Purchasing and Contracts Division
V. INSTRUCTIONS TO OFFERORS
STANDARD TERMS AND CONDITIONS
RFP 05-13R
SWIMMING POOL MANAGEMENT SERVICES
GENERAL TERMS AND CONDITIONS
These General Terms and Conditions apply to all offers made to the City of
Tamarac by all prospective Proposers, including but not limited to, Requests for
Quotes, Requests for Proposal and Requests for Bid. As such the words "bid",
11proposal" and "offer" are used interchangeably in reference to all offers submitted
by prospective Proposers. The City of Tamarac reserves the right to reject any or all
proposals, to waive any informalities or irregularities in any proposals received, to
re -advertise for proposals, to enter into contract negotiations with the selected
Proposer or take any other actions that may be deemed to be in the best interest of
the City of Tamarac.
2. DEFINED TERMS
Terms used in these Instructions to Offerors are defined as follows:
2.1 "Offeror" - one who submits a Proposal in response to a solicitation, as distinct
from a Sub -Offeror, who submits a Proposal to the Offeror.
2.2 "Proposee'— one who submits a Proposal in response to a solicitation. The
terms "Offeror" and "Proposer' are used interchangeably and have the same
meaning.
2.3 . "Successful Offeror" - the qualified, responsible and responsive Offeror to
whom City (on the basis of City's evaluation as hereinafter provided) makes an
award.
2.4 "City" - the City of Tamarac, a municipal corporation of the State of Florida.
2.5 "Proposal Documents" - the Request for Proposals, Instructions to Offerors,
Offeror's Qualifications Statement, Non -Collusive Affidavit, Certified Resolution,
Vendor Drug -Free Workplace, Offeror's Proposal, Proposal Security and
Specifications, if any, and the proposed Contract Documents (including all
Addenda issued prior to opening of Proposals).
2.6 "Contractor" - the individual(s) or firm(s) to whom the award is made and who
executes the Contract Documents.
3. SPECIAL CONDITIONS
Where there appears to be variances or conflicts between the General Terms and
Conditions and the Special Conditions and/or Scope of Work outlined in this proposal,
the Special Conditions and/or the Scope of Work shall prevail.
City of Tamarac
and Contracts Division
.. . . . . . ................
4. EXAMINATION OF CONTRACT DOCUMENTS AND SITE
4.1. Before submitting a Proposal, each Offeror must visit the site (if applicable to
the project) to become familiar with the facilities and equipment that may in any
manner affect cost or performance of the work; must consider federal, state and
local laws, ordinances, rules and regulations that may in any manner affect cost
or performance of the work, must carefully compare the Offeror's observations
made during site visits or in review of applicable laws with the Proposal
Documents; and must promptly notify the Purchasing and Contracts Manager of
all conflicts, errors and discrepancies, if any, in the Proposal Documents.
4.2. The Offeror, by and through the submission of a Proposal, agrees that Offeror
shall be held responsible for having examined the facilities and equipment (if
applicable); is familiar with the nature and extent of the work and any local
conditions that may affect the work, and is familiar with the equipment,
materials, parts and labor required to successfully perform the work.
S. OMISSION OF DETAILS / VARIANCES AND EXCEPTIONS
5.1 The apparent silence of the requirements as to any detail, or the apparent
omission of a detailed description concerning any point, shall be regarded as
meaning that only the best commercial practice is to prevail, and that only
material and workmanship of the finest quality is to be used. All
interpretations of the specifications shall be made on the basis of this
statement. Omission of any essential details from these specifications will not
relieve the Proposer of supplying such services or product(s) as specified.
5.2 For the purpose of evaluation, the Offeror must indicate any variance or
exceptions to the stated requirements, no matter how slight. Deviations should
be explained in detail. Absence of variations and/or corrections will be
interpreted to mean that the Offeror meets all the requirements in every respect.
6. INTERPRETATIONS AND ADDENDA
If the Offeror is in doubt as to the meaning of any of the Proposal Documents, believes
that the General Conditions, Special Conditions and/or Technical Specifications contain
errors, contradictions or obvious omissions, or has any questions concerning the
information contained in the RFP documents, the Offeror shall submit a written request
to the Purchasing Office for interpretation or clarification. Such request must reference
RFP name and number, and should be received by the Purchasing Office at least ten
(10) calendar days prior to the Proposal opening date. Questions received less than
ten (10) calendar days prior to the Proposal opening may not be answered.
Interpretations or clarifications in response to such questions will be issued in the form
of a written addendum transmitted via either fax or email to all parties recorded by the
Purchasing Office as having received the Proposal Documents. The issuance of a
written addendum shall be the only official method whereby such an interpretation or
clarification will be made.
7. COSTS AND COMPENSATION
City of Tamarac Purchasing and Contracts Division
7.1. Costs and compensation shall be shown in both unit prices and extensions
whenever applicable. In the event of discrepancies existing between unit prices
and extensions or totals, the unit prices shall govern.
7.2. All costs and compensation shall remain firm and fixed for acceptance for 60
calendar days after the day of the Proposal opening.
7.3. The price proposal shall include all franchise fees, royalties, license fees, etc.,
as well as all costs for transportation or delivery as applicable within the scope
of the solicitation.
7.4. Offeror shall provide information for components as shown in the Proposal
Form.
8. NON -COLLUSIVE AFFIDAVIT
Each Offeror shall complete the Non -Collusive Affidavit form and shall submit the form
with their Proposal. City considers the failure of the Offeror to submit this document
may be cause for rejection of the Proposal.
9. PUBLIC ENTITYCRIMES
In accordance with Florida Statutes §287-133 (2)(a): A person or affiliate who has
been placed on the convicted vendor list following a conviction for public entity crime
may not submit a bid on a contract to provide any goods or services to a public
entity, may not submit a bid on a contract with a public entity for the construction or
repair of a public building or public work, may not submit bids on leases of real
property to public entity, may not be awarded or perform work as a contractor,
supplier, subcontractor, or consultant under a contract with any public entity, and
may not transact business with any public entity in excess of the threshold amount
provided in Florida Statutes §287.017 for Category Two, for a period of 36 months
from the date of being placed on the convicted vendor list.
10. CONFLICT OF INTEREST
The award of any contract hereunder is subject to the provisions of Chapter 112,
Florida Statutes. Offerors must disclose with their Proposal the name of any officer,
director, partner, proprietor, associate or agent who is also an officer or employee of
City or any of its agencies. Further, all Offerors must disclose the name of any officer
or employee of City who owns, directly or indirectly, an interest of five percent (5%) or
more in the Offeror's firm or any of its branches or affiliate companies.
11. PERFORMANCE BONDS AND INSURANCE
Upon award of a contract, the Successful Cifferor, as required within the scope of the
solicitation, may be required to submit performance bonds and/or payment bonds.
Offeror shall provide certificates of insurance in the manner, form and amount(s)
specified.
12. SUMMARY OF DOCUMENTS TO BE SUBMITTED WITH PROPOSALS
of Tamarac Purchasing and Contracts Division
. . . ....... . ...
The following is a summary of documents required to be submitted for this proposal.
Failure to include a technical proposal, cost proposal, bid surety (if required below),
or any other document that, by its omission, may prejudice the rights of other
respondents, may result in immediate rejection of your proposal. Other forms or
documents which, by their nature do not impact price or the Offeror's cost of doing
business should accompany the Proposal; but must be provided within three (3)
business days of the City's request to be considered responsive. One (1) original
and Six (6) copies are requested.
12.1 Technical Proposal & Work Plan
12.2 Cost Proposal (See "Proposal Form" herein)
12.3 Project schedule, including implementation and staffing plan.
12.4 Certification Forms
12.5 Certified Resolution Form (or firm's own Corporate Resolution)
12.6 Offeror's Qualifications Statement Form
12.7 References (Please provide a minimum of three (3) references)
12.8 Vendor Drug Free Workplace Form
12.9 Non -Collusive Affidavit Form
12.10 Proof of applicable insurance
12.11 Proposer's most recent audited financial statement, or additional documentation
approved by the City providing for proof of financial viability.
13. SUBMISSION OF PROPOSALS
13.1 Proposals must be typed or printed in ink. Use of erasable ink is not permitted.
All corrections to prices made by the Offeror should be initialed.
13.2 Proposals must contain a manual signature of a corporate officer or designee
with the proven authority to bind the firm in matters of this nature. The address
and telephone number for any communications regarding the Proposal must be
included.
13.3 Proposals shall contain an acknowledgment of receipt of all addenda.
13.4 Proposals by corporations must be executed in the corporation's legal name by
the President or other corporate officer, accompanied by evidence of authority
to sign. Evidence of authority shall be provided on the enclosed Certified
Resolution form, or by the company's own Corporate Resolution.
13.5 Proposals by partnerships must be executed in the partnership name and
signed by a partner, whose title must appear under the signature.
13.6 Proposals shall be submitted to the Purchasing Office on or before the time
indicated in the Request for Proposals, Proposals shall be submitted in a sealed
envelope (faxed proposals will not be accepted under any circumstances). The
City of Tamarac
and Contracts Division
envelope should be clearly marked on the exterior with the applicable
solicitation name and number. The envelope should state the name and
address of the Offeror and should be include all documents as specified in the
Request for Proposals. Purchasing and Contracts Division staff is not
responsible for the premature opening of a Proposal that is not properly
addressed and identified.
13.7 In accordance with Florida Statutes, Chapter §1 19.07(l)(a) and except as may
be provided by other applicable state and federal law, the Request for
Proposals and the responses thereto are in the public domain. However,
Proposers are requested to specifically identify in the submitted Proposal any
financial information considered confidential and/or proprietary which may be
considered exempt under Florida Statute §1 19.07(t).
13.8 All Proposals received from Offerors in response to the Request for Proposals
will become the property of City and will not be returned. In the event of
Contract award, all documentation produced as part of the Contract shall
become the exclusive property of City.
13.9 The Proposer preparing a submittal in response to this RFP shall bear all
expenses associated with its preparation. The Proposer shall prepare a
submittal with the understanding that no claim for reimbursement shall be
submitted to the City for the expense of proposal preparation and/or
presentation.
14. MODIFICATION AND WITHDRAWAL OF PROPOSALS
14.1 Proposals may be modified or withdrawn by a duly executed document signed
by a corporate officer or other employee with designated signature authority.
Evidence of such authority must accompany the request for withdrawal or
modification. The request must be delivered to the Purchasing Office at any
time prior to the deadline for submitting Proposals. Withdrawal of a Proposal
will not prejudice the rights of an Offeror to submit a new Proposal prior to the
Proposal opening date and time. No Proposal may be withdrawn or modified
after the date of proposal opening has passed.
14.2 If, within twenty-four (24) hours after Proposals are opened, any Offeror files a
duly signed, written notice with the Purchasing Office, and within five (5)
calendar days thereafter demonstrates to the reasonable satisfaction of City, by
clear and convincing evidence, that there was a material and substantial
mistake in the preparation of its Proposal, or that the mistake is clearly evident
on the face of the Proposal, but the intended correct Proposal is not similarly
evident, Offeror may withdraw its Proposal and any bid security will be returned.
Thereafter, the Offeror will be disqualified from further bidding on the subject
Contract.
15. REJECTION OF PROPOSALS
15.1 To the extent permitted by applicable state and federal laws and regulations,
City reserves the right to reject any and all Proposals, to waive any and all
informalities not involving price, time or changes in the work with the Successful
City of Tamarac
and Contracts Division
Offeror, and to disregard all nonconforming, non -responsive, unbalanced or
conditional Proposals. Proposals will be considered irregular and may be
rejected if they show serious omissions, alterations in form, additions not called
for, conditions or unauthorized alterations, or irregularities of any kind.
15.2 City reserves the right to reject the Proposal of any Offeror if City believes that it
would not be in its best interest of to make an award to that Offeror, whether
because the Proposal is not responsive, the Offeror is unqualified, of doubtful
financial ability, or fails to meet any other pertinent criteria established by City
within the scope of the solicitation.
16. QUALIFICATIONS OF PROPOSERS
16.1 Each Offeror shall complete the Offeror's Qualifications Statement and submit
the form with the Proposal. Failure to submit the Offeror's Qualifications
Statement and the documents required thereunder may constitute grounds for
rejection of the Proposal.
16.2 As a part of the evaluation process, the City may conduct a background
investigation including a criminal record check of Proposer's officers and/or
employees. Proposer's submission of a proposal constitutes
acknowledgement of and consent to such investigation. City shall be the sole
judge in determining Proposer's qualifications.
16.3 No proposal shall be accepted from, nor will any contract be awarded to, any
person who is in arrears to City for any debt or contract, who is a defaulter, as
surety or otherwise, of any obligation to City, orwho is deemed irresponsible for
unreliable by City. City will be the sole judge of said determination.
16.4 City reserves the right to make a pre -award inspection of the Offeror's facilities
and equipment prior to award of Contract.
16.5 Employees of the Proposer shall at all times be under its sole direction and
not an employee or agent of the City. The Proposer shall supply competent
and physically capable employees. The City may require the Proposer to
remove an employee it deems careless, incompetent, insubordinate or
otherwise objectionable. Proposer shall be responsible to the City for the
acts and omissions of all employees working under its directions.
17 REFERENCES
Offeror shall provide reference data as requested herein along with proposal which
shall include the following:
17.1 A minimum of three (3) references from Municipal or Public Pool Facilities.
(References from private clubs, condominiums, hotels or apartment complexes
will not be accepted.)
17.2 Facilities with pool water area equal to in size, or greater than that located at the
City of Tamarac facility.
17.3 All Municipal or public pool references provided must have been operation for a
minimum of five consecutive years. Offeror shall state their experience at each
of Tamarac
and Contracts Division
of these facilities.
17.4 References shall include facility name, contact person and title, telephone
number, address and number of years that facility was operated by Offeror.
18 INSURANCE
18.1 Offeror agrees to, in the performance of work and services under this
Agreement, comply with all federal, state, and local laws and regulations now
in effect, or hereinafter enacted during the term of this agreement that are
applicable to Offeror, its employees, agents, or subcontractors, if any, with
respect to the work and services described herein.
18.2 Offeror shall obtain at Offeror's expense all necessary insurance in such form
and amount as required by this proposal or by the City's Risk Manager
before beginning work under this Agreement. Offeror shall maintain such
insurance in full force and effect during the life of this Agreement. Offeror
shall provide to the City's Risk Manager current certificates of all insurance
required under this section prior to beginning any work under this Agreement.
18.3 Offeror shall indemnify and save the City harmless from any damage
resulting to it for failure of either Offeror or any Sub -Offeror to obtain or
maintain such insurance.
18.4 The following are required types and minimum limits of insurance coverage,
which the Offeror agrees to maintain during the term of this contract:
Line of Business/ Coverage Occurrence Aggregate
Commercial General Liability $2,000,000 $2,000,000
Including:
Premises/Operations
Contractual Liability
Personal Injury
Explosion, Collapse, Underground Hazard
Fire Legal Liability
Prod ucts/Completed Operations
Broad Form Property Damage
Cross Liability and Severability of Interest Clause
Incidental Medical Malpractice
Automobile Liability $1,000,000 $1,000,000
Workers' Compensation & Employer's Statutory
Liability
18.5 The City reserves the right to require higher limits depending upon the scope
of work under this Agreement.
M
City of Tamarac Purchasing and Contracts Division
18.6 Neither Offeror nor any Sub -Offeror shall commence work under this contract
until they have obtained all insurance required under this section and have
supplied the City with evidence of such coverage in the form of an insurance
certificate and endorsement. The Offeror will ensure that all Sub -Offerors will
comply with the above guidelines and will maintain the necessary coverages
throughout the term of this Agreement,
18.7 All insurance carriers shall be rated at least A-VII per Best's Key Rating
Guide and shall be licensed to do business in Florida. Policies shall be
"Occurrence" form. Each carrier will give the City sixty (60) days notice prior
to cancellation.
18.8 The Offeror's liability insurance policies shall be endorsed to add the City of
Tamarac as an "additional insured". The Offeror's Workers' Compensation
carrier will provide a Waiver of Subrogation to the City.
18.9 The Offeror shall be responsible for the payment of all deductibles and self -
insured retentions. The City may require that the Offeror purchase a bond to
cover the full amount of the deductible or self -insured retention.
18-10 If the Offeror is to provide professional services under this Agreement, the
Offeror must provide the City with evidence of Professional Liability insurance
with, at a minimum, a limit of $2,000,000 per occurrence and in the
aggregate. "Claims -Made" forms are acceptable only for Professional
Liability.
18.11 The Successful Offeror agrees to perform the work under the Contract as an
independent contractor, and not as a subcontractor, agent or employee of
City.
19 INDEMNIFICATION
19.1 GENERAL INDEMNIFICATION: Contractor shall, in addition to any other
obligation to indemnify the City and to the fullest extent permitted by law,
protect, defend, indemnify and hold harmless the City, it's agents, elected
officials and employees from and against all claims, actions, liabilities, losses
(including economic losses), damages and costs arising out of any actual or
alleged: a). Bodily injury, sickness, disease or death, or injury to or
destruction of tangible property including the loss of use resulting therefrom,
or any other damage or loss arising out of or resulting, or claimed to have
resulted in whole or in part from any actual or alleged act or omission of the
Contractor, any sub -Contractor, anyone directly or indirectly employed by any
of them, or anyone for whose acts any of them may be liable in the
performance of the Work; or b). violation of law, statute, ordinance,
governmental administration order, rule, regulation, or infringement of patent
rights by Contractor in the performance of the Work; or c). liens, claims or
actions made by the Contractor or any sub -contractor under workers
compensation acts; disability benefit acts, other employee benefit acts or any
statutory bar. Any and all cost and expenses, including attorney's fees,
incurred by the City to enforce this agreement shall be the responsibility of
10
of Tamarac
Purchasing and Contracts Division
the Contractor.
19.2 Upon completion of all Services, obligations and duties provided for in this
Agreement, or in the event of termination of this Agreement for any reason,
the terms and conditions of this Article shall survive indefinitely.
19.3 The Contractor shall pay all claims, losses, liens, settlements orjudgments of
any nature whatsoever in connection with the foregoing indemnifications
including, but not limited to, reasonable attorney's fees (including appellate
attorney's fees) and costs.
19.4 City reserves the right to select its own legal counsel to conduct any defense
in any such proceeding and all costs and fees associated therewith shall be
the responsibility of Contractor under the indemnification agreement. Nothing
contained herein is intended nor shall it be construed to waive City's rights
and immunities under the common law or Florida Statute 768.28 as amended
from time to time.
20. DELIVERIES
Any item requiring delivery by the Offeror or by sub -contractors shall be delivered
F.O.B. destination to a specific City address. All delivery costs and charges must be
included in the bid price. If delivery of an item is required, the City reserves the right to
cancel the delivery order(s) or any part thereof, without obligation if delivery is not
made at the time specified in the proposal
21. WARRANTIES
21.1 Successful Offeror warrants to City that the consummation of the work provided
for in the Contract documents will not result in the breach of any term or
provision of, or constitute a default under any indenture, mortgage, contract, or
agreement to which Successful Offeror is a party.
21.2 Successful Offeror warrants to City that it is not insolvent, it is not in bankruptcy
proceedings or receivership, nor is it engaged in or threatened with any
litigation, arbitration or other legal or administrative proceedings or
investigations of any kind which would have an adverse effect on its ability to
perform its obligations under the Contract.
21.3 Successful Offeror warrants to City that it will comply with all applicable federal,
state and local laws, regulations and orders in carrying out its obligations under
the Contract.
21.4 All warranties made by Successful Offeror together with service warranties and
guarantees shall run to City and the successors and assigns of City.
22. CONDITIONS OF MATERIAL
All materials and products supplied by the Offeror in conjunction with this proposal
shall be new, warranted for their merchantability, fit for a particular purpose, free from
defects and consistent with industry standards. The products shall be delivered to the
11
of Tamarac Purchasing and Contracts Division
. ................ ...
City in excellent condition. In the event that any of the products supplied to the City
are found to be defective or do not conform to the specifications, the City reserves the
right to return the product to the Bidder at no cost to the City,
Successful Offeror shall furnish all guarantees and warranties to the Purchasing
Division prior to final acceptance and payment. The warranty period shall
commence upon final acceptance of the product.
23. COPYRIGHTS OR PATENT RIGHTS
The Offeror warrants that there has been no violation of copyrights or patent rights in
manufacturing, producing or selling the goods shipped or ordered as a result of this
bid, The seller agrees to hold the City harmless from all liability, loss or expense
occasioned by any such violation.
24. SAFETY STANDARDS
The Proposer warrants that any product(s) and / or services supplied to the City
shall conform with all respects to the standards set forth in the Occupational
Safety and Health Act and its amendments to any industry standards, if
applicable. Successful Contractor shall maintain on -site, current IVISDS sheets
for any and all chemicals purchased, maintained or utilized in connection with the
performance of this any agreement resulting from this solicitation.
25. INSPECTION
The City shall have the right to inspect any materials, components, equipment,
supplies, services or completed work specified herein. Any of said items not complying
with these specifications are subject to rejection at the option of the City. Any items
rejected shall be removed from the premises of the City and/or replaced at the entire
expense of the successful vendor.
26. NON-DISCRIMINATION AND EQUAL OPPORTUNITY EMPLOYMENT
During the performance of the Contract, the successful Offeror shall not discriminate
against any employee or applicant for employment because of race, religion, color,
gender, national origin, sex, age, marital status, political affiliation, familial status,
sexual orientation, or disability if qualified. The successful Offeror will take
affirmative action to ensure that employees are treated during employment, without
regard to their race, religion, color, gender or national original, or disability. Such
actions must include, but not be limited to, the following: employment, promotion;
demotion or transfer; recruitment or recruitment advertising, layoff or termination;
rates of pay or other forms of compensation; and selection for training, including
apprenticeship. The successful Offeror(s) shall agree to post in conspicuous places,
available to employees and applicants for employment, notices to be provided by the
contracting officer setting forth the provisions of this nondiscrimination clause. The
successful Offeror further agrees that he/she will ensure that Subcontractors, if any,
will be made aware of and will comply with this nondiscrimination clause.
27. TAXES
Successful Offeror shall pay all applicable sales, consumer use and other similar taxes
12
of Tamarac
and Contracts Division
required by law.
28. PERMITS, FEES AND NOTICES
Successful Offeror shall secure and pay for all permits and fees, licenses and charges
necessary for the proper execution and completion of the work, if applicable. The costs
of all permits, fees, licenses and charges shall be included in the Price Proposal except
where expressly noted in the specifications.
29. PERFORMANCE
Failure on the part of the Offeror to comply with the conditions, terms, specifications
and requirements of the bid shall bejust cause for cancellation of the proposal award.
The City may, by written notice to the Proposal, terminate the contract for failure to
perform. The date of termination shall be stated in the notice. The City shall be the
sole judge of nonperformance.
30. TERMINATION FOR CAUSE AND DEFAULT
30.1 Default by Contractor: In addition to all other remedies available to the City,
this Agreement shall be subject to cancellation by the City should the
Contractor neglect or fail to perform or observe any of the terms, provisions,
conditions, or requirements herein contained, if such neglect or failure shall
continue for a period of thirty (30) days after receipt by Contractor of written
notice of such neglect or failure.
30.2 Failure on the part of the Offeror to comply with the conditions, terms,
specifications and requirements of the RFP shall be just cause for the
cancellation of the RFP award. The City may, by written notice to the Offeror,
terminate the contract for failure to perform. The date of termination shall be
stated in the notice. The City shall be the sole judge of non-performance.
31. TERMINATION FOR CONVENIENCE OF CITY
Upon ninety (90) calendar days written notice delivered by certified mail, return receipt
requested, to Successful Offeror, City may without cause and without prejudice to any
other right or remedy, terminate the agreement for City's convenience whenever City
determines that such termination is in the best interests of City. Where the agreement
is terminated for the convenience of City, the notice of termination to Successful Offeror
must state that the Contract is being terminated for the convenience of City under the
termination clause and the extent of termination. Upon receipt of the notice of
termination for convenience, Successful Offeror shall promptly discontinue all work
and, to the extent indicated on the notice of termination, shall terminate all outstanding
subcontracts and purchase orders as they relate to the terminated portion of the
Contract, shall refrain from placing further orders and/or contracting with
subcontractors, and shall complete any continued portions of the work.
32. FUNDING OUT
This agreement shall remain in full force and effect only as long as the expenditures
provided for in the Agreement have been appropriated by the City Commission of
the City of Tamarac in the annual budget for each fiscal year of this Agreement, and
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of Tamarac Purchasing and Contracts Division
is subject to termination based on lack of funding.
33. AUDIT RIGHTS
City reserves the right to audit the records of Successful Offeror, relating to this
contract, at any time during the term of the Contract, and for a period of three (3) years
after completion of contract. If required by City, Successful Offeror shall agree to
submit to an audit by an independent Certified Public Accountant selected by City.
Successful Offeror shall allow City to examine and review the records of Successful
Offeror at any and all times during normal business hours during the term of the
Contract.
34. ASSIGNMENT
34.1 Successful Offeror shall not assign, transfer or subject the Contract or its rights,
title, interests or obligations therein without City's prior written approval.
34.2 Violation of the terms of this paragraph shall constitute a breach of the
Contract by Successful Offeror and City may, at its discretion, cancel the
Contract. All rights, title, interest and obligations of Successful Offeror shall
thereupon cease and terminate.
35. EMPLOYEES / INDEPENDENT CONTRACTOR
35.1 Employees of the successful Contractor shall at all times be under its sole
direction and not an employee or agent of the City. The Contractor shall
supply competent and physically capable employees. The City may require
the Contractor to remove an employee it deems careless, incompetent,
insubordinate or otherwise objectionable. Bidder shall be responsible to the
City for the acts and omissions of all employees working under its directions.
35.2 Successful Contractor undertakes performance of the services as an
independent contractor under this Agreement, and shall be wholly responsible
for the methods of performance. The City shall have no right to supervise the
methods used, but the City shall have the right to observe such performance.
Contractor shall work closely with the City in performing services under this
Agreement. Personal services provided by the Contractor shall be by
employees of the Contractor and subject to supervision by the Contractor,
and not as officers, employees, or agents of the City. Personnel policies, tax
responsibilities, social security and health insurance, employee benefits,
purchasing policies and other similar administrative procedures applicable to
services rendered under this Agreement shall be those of the Contractor.
36. TAXES
The City of Tamarac is exempt from all Federal, State, and Local taxes. An
exemption certificate will be provided where applicable upon request.
37. GOVERNING LAW:
The laws of the State of Florida shall govern this Agreement. Venue shall be
Broward County, Florida.
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of Tamarac Purchasing & Contracts Division
. .. .......
V11. STATEMENT OF WORK
SWIMMING POOL MANAGEMENT SERVICES
A. SCOPE OF PROPOSAL
The purpose of this Request for Proposals is to obtain the services of a qualified firm
to provide Swimming Pool Management Services on behalf of the City of Tamarac
Parks and Recreation Department, in conformity with the requirements contained
herein.
The City is seeking a contract for a term of two (2) years, with two (2) additional two-
year renewal terms based upon satisfactory performance and mutual agreement of
both parties.
Background
The City of Tamarac is seeking proposals from qualified swimming pool
management firms, hereafter referred to as "Contractors". The City of.Tamarac has
established minimum specifications which include special and specific firm
qualifications to assure and maintain the quality of the programs provided at the
facility. The successful pool management contractor shall possess municipal
swimming pool management skills and experience with swimming facilities that are
similar to the Caporella Aquatic Center. They shall have the ability to perform
quality work, as solely determined by the City of Tamarac, which qualifies it to
operate the Aquatic Center as detailed and specified.
The City of Tamarac is planning on opening a new open aired swimming pool facility
in April 2006, named the Caporella Aquatic Center. The facility is located at 9300
NW 58 th Street in Tamarac, Florida. Included in the facility is a 25yd.x 25 m. 8 lane
heated pool, children's water activity area, picnic shelter, wellness center, locker
rooms, office space, pool equipment/storage room, and concession stand. The
center was designed and engineered by DeRose Design Consultants, Inc. in
association with Scharf & Associates Inc. constructed by Seawood Builders.
Successful contractor will provide all necessary staff and programming for the
operation and management of the swimming pool and children's activity area. The
City of Tamarac will provide an onsite manager responsible for overseeing the entire
Aquatic Center, including the wellness center and revenue collection.
City of Tamarac has four primary Aquatic Center Conceptual Objectives:
Safety: To insure safety is maintained at a high level in both the pool area
and the children's water activity area.
2. Customer Satisfaction: To be accomplished through creative marketing and
effective management of the facility.
15 offeror's Qualification Statement
City of Tamarac
*----111-111 I----- Purchasing & Contracts Division
3. Creative Programming: To provide quality and creative programming that
will attract a variety of patrons from throughout the City thereby increasing
utilization and revenue.
4. Direction: It is the City's intent, under the contract resulting from this
solicitation to provide the opportunity for public swimming in the same
manner and with the same high regard for public interest as if the City
managed, operated, and maintained the Aquatic Center itself. The Scope of
Services included herein outlines this level of service.
The evaluation of competing firms and individuals will put particular emphasis on
determining which firm is most likely to be able to meet all four objectives listed
above. Interested firms should assure that their proposals explain how, if selected,
they will go about meeting these goals. In addition, Offerors shall clearly detail how
their prior experience, and that of their key personnel, has equipped them to
succeed in meeting the goals.
The selected management firm will, from the onset, be held to a very high level of
performance in management, operations, marketing, and maintaining the Aquatic
Center. An innovative and effective marketing program that attracts patrons and
operation which pleases the customers are both essential.
B. SERVICES TO BE PROVIDED
1 . Stock and supply uniforms for all staff.
2. Complete a daily documented (written) safety check of Aquatic Center.
3. Check and test all safety equipment.
4. Develop, implement and supervise a swim instruction program for all ages
and abilities, including those with special needs. Swim program must meet
Broward County Swim Central Criteria. Group lessons will be made available
to address special interest groups, with special attention to the disabled,
elderly, low income and disadvantaged community, in concert with programs
offered through or endorsed by the Tamarac Parks and Recreation
Department.
5. Develop, implement and supervise a water aerobics program for varied ability
levels.
6. Develop, implement and supervise aquatic activity programs and special
events for the community and community groups.
7. Manage customer service complaints or inquiries according to the City
protocol.
8. Provide set-up and take -down for special events, including swim meets.
9. Provide on -site or on -call management staff during special events.
10. Provide on -site or on -call management staff for after-hours emergency.
16 Offeror's Oualification Staternent
of Tamarac Purchasing & Contracts Division
11. Maintain equipment and supplies.
12. Maintain cleanliness of all areas of the facility, including locker rooms, rest
rooms, lobby, offices, pool deck, storage areas during operational hours.
13. Supply and insure adequate inventory of first aid kits adequate to the size
and operation of the facility.
14. Maintain and operate the filter equipment in accordance with health
department requirements.
15, Vacuum pools. Pool and water activity area will be vacuumed daily. Pools
and water activity area will be vacuumed before the public enters. This
includes before the public enters for swimming lessons.
16. Backwash the filter system as required by manufacturer.
17. Work with the City in handling complaints users may have, reporting all
complaints to the Parks and Recreation Department.
18. Contractor will clean the hair and lint strainers on all pumps and associated
filtering devices. This should be done as needed or when managers and or
City personnel notice a reduction in flow.
19. Determine scheduling of courses and programs offered by the Caporella
Aquatic Center to maximize service, revenue and participation, and to satisfy
clients.
20. Maintain the swimming pools and related mechanical systems in accordance
with recommended guidelines. The Aquatic Center Manager supplied by the
Management Firm will be responsible for their routine cleaning, maintenance
and water quality.
21. The Successful Contractor shall provide operator maintenance of pool and
water activity area, and equipment that are a part of this Contract. At least
twice per year, the Successful Contractor will inventory and report on the
general condition of equipment. Notwithstanding this or any other section,
nothing shall prevent the City of Tamarac from the right to inspect pool,
buildings, fixtures, improvements, furnishings, machinery or equipment at any
time, that are a part of this Contract.
C. MINIMUM REQUIREMENTS
The on -site Manager for the Contractor, and the Management Team must have,
AT A MINIMUM, the following expertise, certification, or proven capability:
I Certified Pool Operator (CPO) or Aquatic Facility Operator (AFO)
certification.
2. Experience in the planning, organizing, and running of USA Swimming
sanctioned competitions.
3. Lifeguard Instructor certification from a nationally recognized agency.
17 offeror's Qualification Statement
City of Tamarac Purchasing & Contracts Division
..... . ... . ..........
4. Swim Instructor trainer certification from a nationally recognized agency.
5. Five (5) years experience. in managing an aquatic facility of comparable or
greater size and budget of Caporella Aquatic Center.
6. Proficient with computers, database software, and other necessary software.
7. Experience in successfully implementing an aquatic risk management system
that includes at a minimum, facility operations audits, lifeguard performance
audits, and vigilance awareness validation.
8. Evidence of knowledge of current aquatic industry standards of care related
to water chemistry and disease prevention procedures: lifeguard best
practices; use of adjunct equipment (i.e. Emergency Oxygen, Automated
External Defibrillator, etc.); Risk Management best practices, Community
based programming, Competitive Swimming and Event Management.
9. Successful Contractor shall furnish an:appropriate�rium,,ber,df�.Person,nel, at
detotmine�d���by.�thd�'��.Ci.ty', in':compliance With feddr.!Vor stafte:st'stotes, or local
ord'i0ames, for the operation of a safe and sanitary Aquatic Center and who
will be employed exclusively for the performance of said contract. All
lifeguards will hold a minimum qualification of an advance lifeguard certificate
from a nationally recognized certification program (such as Red Cross, Ellis
or Starfish Aquatics), and preferably be at least 18 years of age. Said
personnel will be furnished in a manner to operate the Aquatic Center in the
safest manner possible and in the best interest of the City. All management
personnel (pool manager, pool assistant manager and head guards) and
lifeguards shall be trained and certified in operation of the City owned
"Automatic External Defibrillator" unit. The City reserves the right to approve
or disapprove any proposed staffing schedule. All personnel must be
uniformly identified at all times. All personnel employed by the contractor in
the performance of fulfilling the contract for the operation of the Aquatic
Center shall be considered employees of the contractor and not of the City.
All Federal (OSHA), State and Broward County standards must be followed
for both the employees and participants (citizens) with respect to Bloodborne
Pathogens and infectious diseases. All personnel employed by the contractor
shall be paid in accordance with the minimum Federal Wage and Hour Laws.
The contractor shall be responsible for the payment of all employment taxes
and Social Security taxes related to the employment of said personnel. The
City shall have the right to request replacemeht of any of the contractor's
employees who's conduct, character or performance is detrimental to the
best interest of the City, and the contractor agrees to make such replacement
within five (5) days.
10. All employees are required to have First Aid and CPR Certification.
Instructors providing lessons are required to have Life Guard and Water
Safety Instructors (WSI) certification, or the equivalent, as well as training or
certification in adaptive aquatics for the handicapped.
11. All employees will be expected to perform their duties in a professional,
18 Offeror's Qualification Statement
of Tamarac
Purchasing & Contracts Division
service -oriented manner. Adherence to quality standards will be required.
12. Adequate personnel will be on duty at the facility daily to assure safety and
good service.
C. HOURS OF OPERATION
Management Firm shall provide for the operation of the facility seven (7) days per
week, Monday through Sunday from 9:00 A.M. to 6:00 P.M. The City reserves the
right to extend the hours, with at least seven (7) days notice to the Contractor.
The Management Firm shall operate the facility a minimum of 63 hours per week
except for a holiday as authorized by the City (New Year's Day, Thanksgiving,
Christmas). Any changes in hours of service (other than those dictated by
emergencies) shall be made with prior approval of the City.
Fine tuning to maximize revenues and minimum costs must be an ongoing priority.
It shall be recognized that Commission budget decisions may reduce or extend
operating hours.
D. CONTRACTOR RESPONSIBILITIES
The Management Firm shall perform minor adjustments and maintenance to
the equipment as part of this management contract at their expense. All
repairs and replacement of equipment needed to continue the operation of
the Aquatic Center and to maintain health and safety standards shall also be
performed by the contractor at their expense but not to exceed $1,000.00 per
occurrence. The City will be responsible for the maintenance and
replacement of the building, structures, utilities, and surrounding areas
including shrubbery, except policing for trash, waste, garbage, and other
debris while the facility is opened.
2. Management Firm shall be responsible for the care and repair of City
property used for the operation of the Aquatic Center. The Contractor shall
be held accountable for those losses and damages to buildings and City
owned property due to theft or abuse during the hours of operation of the
Aquatic Center. The Contractor shall take affirmative action to prevent
losses and damages to City owned property during hours of operation.
3. Damaged or malfunctioning equipment shall be reported immediately to the
Parks and Recreation Department. If not reported, Contractor shall be
responsible for damages.
4. The highest standards of safety, hospitality, courtesy and instructional
excellence are required. The facility shall be managed so that the needs and
desires of "open swimmers" and "swimming teams" are recognized and
accommodated. The Management Firm must recognize the City's objective
of making the facility as self-supporting as possible. Attainment of this goal
requires that the Aquatic Center Management Firm aggressively market the
facility and assure that operations conform to the highest professional
business management standards.
19 offeror's Qualification Statement
of Tamarac
Purchasing & Contracts Division
5. It is emphasized that the City requires the Management Firm to assure that
the physical plant, particularly the mechanical systems, be maintained to a
high standard. Emphasis must be placed on a carefully designed preventive
maintenance program which will extend system life, save "down stream
costs" and assure operational reliability. To this end, the Management Firm
shall monitor the mechanical systems and provide due diligence in notifying
the City of any potential problems.
6. Recruit, hire, train, schedule and supervise lifeguards and head
lifeguards/duty managers. The contractor shall provide for criminal
background checks for reference and for criminal behavior, including sexual
offender checks.
7. Develop and implement operating policy and procedure. Operating policies
will be consistent with public ownership and the public's interest in the pool
complex.
8. Develop and implement emergency action plans for all possible emergencies,
including procedures for heightened security alerts and hurricane
preparedness.
9. Develop and implement water quality and pump room maintenance plan.
10. Develop and implement an in service training program as per guidelines of a
nationally certified program.
11. Develop and implement an aquatic risk management system,
12. Notify the Parks and Recreation Department of necessary
repairs/maintenance concerns and assist in coordinating and contracting
work.
13. Develop and monitor user group schedules and lane assignments to
maximize pool use and income.
14. Consult with the City's Parks and Recreation Department regarding
preparation of annual operating budget and capital repairs.
15. Develop and implement a marketing and promotion plan.
16. Assume all risk and liability for the operation and management of the
swimming pool and children's activity area ( excluding parking lot and areas
outside swimming facility).
17. Enforce all rules and regulations stipulated by the City and suggest and
advise with regard to additional rules and regulations for the operation of the
pool.
18. Maintain tests and records as required by the State of Florida, Broward
County, and the City of Tamarac and meet all requirements for such.
19. Maintain any additional records as reasonably required by the City.
20 Offeror's Qualification Statement
City of Tamarac
Purchasing & Contracts Division
20. The Contractor will retain a record of all problem situations (mechanical,
structural, or in regards to staffing issues), as well as any incidents and /or
claims that are brought to their attention and the steps taken to rectify the
problem. The City will be provided a copy of this log to review at weekly (at a
minimum) intervals. The City will be given a copy of any background
documentation and / or records related to incidents and claims information for
the facility at least quarterly.
21. Provide the required lifeguards, instructors, lesson coordinators, marketing,
and any other employees which are required and necessary to operate the
facility.
22. In conjunction with the Parks and Recreation Department, determine rental
contract conditions and requirements and assure that user groups follow all
safety practices.
23. The Contractor, at its own expense, shall provide all personnel necessary to
perform the services of this contract; none of whom shall be employees of,
nor have any contractual relationship with City of Tamarac. All of the
services hereunder will be performed by the management firm under its
supervision, and all personnel engaged in the work shall be fully qualified and
shall be authorized or permitted under law to perform such services.
24. Assist in establishing the fee structure for the Aquatic Center and
recommend changes, if any.
25. The management firm will establish a Drug -Free Workplace by requiring drug
screening of all new employees and allow for drug testing. Drug testing will
be at the expense of the Management Firm, and shall be administered in
accordance with applicable Florida State statutes.
26. No physical improvements or changes to the Aquatic Center facility will be
allowed without written authorization from the City of Tamarac.
27. The Contractor shall be responsible for obtaining and paying the costs of all
necessary permits and licenses required by applicable laws, rules and/or
regulations necessary for the operation of the facility provided, however, the
contractor shall not be responsible for obtaining a use permit.
28. The Contractor shall meet all Health and Safety Standards regulations set
forth by the Broward County Health Department and the City of Tamarac.
The Aquatic Center will be maintained in a clean manner at all times, and all
safety precautions shall be taken by the Contractor. The Contractor shall be
responsible for maintaining the condition of the pool water in conformity with
the standards specified by Broward County Health Department, the City of
Tamarac and the operation shall be in accordance with all rules and
regulations of the Health Department of the State of Florida.
29. In addition, the Contractor will also be required to participate in a complete
aquatic review program as provided by a proven nationally recognized
program. (Proposer shall provide information regarding such programs with
21 Offeror's Qualification Statement
City of Tamarac Purchasing & Contracts Division
...... . ............ . ... . ..................... . . ... .....
proposal.) The costs to participate in such programs shall be borne by the
contractor.
30. Management Firm shall be responsible for the purchasing of items necessary
in the daily operation of the facility. These items include but are not limited to
pool cleaning equipment, pool chemicals, filter media (when replacement is
required), first aid supplies and cabinet, minor repair parts and service for
pool equipment.
E. RESPONSIBILITIES OF THE CITY OF TAMARAC
1. Office space is for on site manager, lifeguards and first aid.
2. All physical repair and maintenance services of the Aquatic Center necessary
to assure a safe, attractive facility. The City will be responsible for custodial
services supplied at night, once a day. .
3. The Parks and Recreation Department will be responsible for the collection
and deposit of all revenue to the City's account.
4. In conjunction with the Management Firm, the Parks and Recreation
Department will formulate a revenue and expense budget,
5. The Parks and Recreation Department, in conjunction with the management
firm, will determine rental contract conditions, requirements, fees and assure
that user groups follow industry standard safety practices in compliance with
any applicable Federal, State of Florida, or other local codes and ordinances.
6. The City will provide security for the facility, including a monitored alarm.
7. The Parks and Recreation Department will supervise any City employees
assigned to work at the Aquatic Center.
8. The City will provide all janitorial supplies (paper towels, soap, trash bags,
toilet paper, cleaners, light bulbs) for the facility.
9. The City will furnish water, telephone, and electricity, and will be responsible
for the payment of all utilities. Any employees who make unauthorized long
distance phone may be required to reimburse the City.
10. City will be responsible for major repair of equipment that exceeds $1,000.00
per occurrence.
F. DELIVERABLES
I Proponent shall provide details of the firm's representative(s) who will deal
directly with the City on a day-to-day basis. The name of the firm's Aquatic
Center Manager (the resident manager who will assume day-to-day
management), his/her experience, background and qualifications.
2. Provide an organizational chart that provides a visual delineation of the
Firm's organizational structure and the names of those who are part of the
management team.
22 Offeror's Qualification Statement
Purchasing & Contracts Division
of Tamarac
3. Provide a description or outline of your proposed structure to manage facility
operations in accordance with the Scope of Services. This should include not
only your assignment of personnel (by position not name) but also their
working relationship with the Owner.
4. Keep detailed records of any pull outs / rescues, and describing the
circumstances surrounding the incident and denoting the specific location of
the pull out / rescue.
5. Obtain and maintain all permits and licenses as may be required for the
operation of the facility.
6. Capital planning will apply to equipment replacement and other needed
improvements within the City's budget cycle. The Successful Contractor, in
conjunction with the Parks and Recreation Department, will prepare a Capital
Improvement Plan that recommends equipment replacement and acquisition
in current and future years. The plan will be presented in accordance with
the City's budget schedule for the next fiscal year.
7. The Contractor shall keep and maintain proper and adequate books, records
and accounts which accurately reflect chemical levels, injuries, staff dialogue
of daily occurrences, maintenance information, payroll records, and all
necessary data to properly manage the facility. These records are to be
available for review by the City upon notice.
Vill. PROPOSAL SELECTION
The City Manager will appoint an Evaluation and Selection Committee to review Proposals.
The City reserves the right to select the Proposer who represents the best value, and to
accept or reject any proposal submitted in response to this solicitation. The City's
Evaluation and Selection Committee will act in what they consider to be the best interest of
the City and its residents.
Price shall not be the sole determining factor for selection, as indicated in the following
section.
Vill. EVALUATION OF PROPOSALS
A. EVALUATION METHOD AND CRITERIA
A Selection/Negotiation Committee has been appointed by the City Manager and will
be responsible for selecting the most qualified firm and negotiating a contract. The
Proposers with the highest -ranked submittals may be asked to make a detailed
presentation of their product/service to the Evaluation and Selection Committee.
All Proposers are advised that in the event of receipt of an adequate number of
Proposals which in the opinion of the Evaluation Committee require no clarification
and/or supplementary information, such Proposals may be evaluated without
discussion. Hence, proposals should be initially submitted on the most complete and
favorable terms which Proposers are capable of offering to the City.
After presentations, firms will be assigned a final score, with the highest -ranked firm
23 offeror's Qualification statement
of Tamarac
Purchasing & Contracts Division
moving forward to the negotiation phase. Upon successful negotiation, a
recommendation for award will be considered by the City Commission. No work on
this project shall proceed without written authorization from the City of Tamarac.
The City reserves the right to enter into contract negotiations with the selected
Proposer. If the City and the selected Proposer cannot negotiate a successful
contract, the City may terminate such negotiations and begin negotiations with the
next selected Proposer. No Proposer shall have any rights against the City arising
from such negotiations.
The Offeror's Technical Proposal should include a project
Methodology/Implementation Narrative, which describes the approach to rendering
the required services as well as any special techniques, strategies, and capabilities
proposed to be utilized for the project. The narrative should demonstrate the
proposer's understanding of the Scope of Work described herein, and should also
include but not necessarily be limited to the Offeror's proposed organizational
structure, procedures utilized to provide the required services, software, materials,
supplies, and equipment to be as well as a synopsis of possible problems or
limitations in delivering all of the required services, as well as any expectations
regarding the City's responsibilities and contributions under any agreement entered
into as a result of this solicitation.
The City's evaluation criteria may include, but shall not be limited to, the following:
I Compliance.with Request for Proposals [Mandatory]. This refers to
the adherence to all conditions and requirements of the Request for
Proposals.
2. Quality of ResRonse
i. Clearly demonstrated understanding of the work to be performed.
ii. Completeness and reasonableness of the Offeror's plan/proposal
for accomplishing the tasks.
iii. Level of creativity demonstrated by the Offeror's proposed
methodologies for meeting the requirements of this proposal.
3. Services to be Provided
This refers to the exact type and nature of the Offeror's proposed services
and how they accomplish the objectives of the project, as well as the ability to
rapidly respond to the City's needs, as defined in the Evaluation Criteria set
forth.
4. Qualifications of the Contractor
Offeror's capability in all respects to perform fully the contract requirements,
and the tenacity, perseverance, experience, integrity, and reliability which will
assure good faith performance, as well as satisfactory reference verification.
This criteria includes:
24 Offeror's Qualification Statement
City of Tamarac
Purchasing & Contracts Division
a. The experience of the firm and its record on engagements of a similar
nature, including the ability to serve in a similar capacity for other units
of government or organizations.
b. Personnel to be assigned to the project, and their education,
capabilities, qualifications and experience with similar projects.
C. Reference information gathered from other entities regarding the past
experience of the firm.
d. Financial stability of the Offeror.
0. Other areas addressed in the Statement of Work herein.
5. Costs (Price)
This refers to the proposed contract fee and reimbursement expense
budget. (Please note that price is only one factor for consideration of
award).
a. The Offeror shall propose a not -to -exceed amount for complete
execution of this project as detailed in the Specifications or Statement
of Work herein.
b. If proposing costs which may include alternate programs or services
not covered in the base bid pricing, the Offeror, when offering such
alternative services must provide a detailed explanation of additional
optional services to be offered.
B. ACCEPTABLITY OF PROPOSALS
The proposals shall be evaluated solely in accordance with the criteria set forth
herein. The proposals shall be categorized as follows:
Acceptable
2. Potentially Acceptable; that is reasonably susceptible to being made
acceptable
KV
3. Unacceptable
C. AWARD OF AGREEMENT
Award shall be made by the City to the responsible Offeror whose proposal is
determined to be the most advantageous to the City, taking into consideration price
and the evaluation criteria set forth herein below. The City of Tamarac reserves the
right to accept the Proposal as a whole, or for any component thereof if it appears to
be in the best interest of the City.
25 Offeror's Qualification statement
of Tamarac Purchasing & Contracts Division
A
E.
F.
WEIGHTED CRITERIA
Points will be assigned to each proposal based on the following weighted criteria:
CRITERIA MAXIMUM POINTS
1. Compliance with Request for Proposal (Mandatory) N/A
2. Quality of Response 15 points
3. Services to be Provided 40 points
4. Qualifications of the Propose r/Experti se 25 points
5. Costs/(Price) 20 points
These weighted criteria are provided to assist Proposers in the allocation of their
time and efforts during the proposal preparation process. The criteria also guide the
Evaluation Committee during the short -listing and final ranking of proposers by
establishing a general framework for those deliberations.
Once the Proposals are evaluated, a "short-list" may be selected to make
presentations to the Evaluation and Selection Committee, prior to a recommendation
for award.
DISCUSSIONS & PRESENTATIONS
The short-listed Proposers may be requested to make presentations to the
Committee. The City may require additional information after evaluation of the
submittals, and Proposers agree to furnish such information upon the City's request.
All Proposers are advised that in the event of receipt of an adequate number of
proposals, which in the opinion of the Evaluation Committee require no clarification
and/or supplementary information, such proposals may be evaluated without
discussion or need for presentations. Hence, proposals should be initially submitted
on the most complete and favorable terms which Offerors are capable of offering to
the City.
The Evaluation Committee may conduct discussions with any Proposerwho submits
an acceptable or potentially acceptable proposal. Proposers shall be accorded fair
and equal treatment with respect to any opportunity for discussion and revision of
proposals. The Evaluation Committee reserves the right to request the Proposer to
provide additional information during this process.
RIGHT TO REJECT PROPOSALS
To the extent permitted by applicable state and federal laws and regulations, City
reserves the right to reject any and all Proposals, to waive any and all informalities not
involving price, time or changes in the work, and to disregard all nonconforming, non-
responsive, unbalanced or conditional Proposals. Proposals will be considered
irregular and may be rejected if they show serious omissions, alterations in form,
additions not called for, conditions, unauthorized alterations, or irregularities of any
kind.
26 Offeror's Qualification Statement
of Tamarac Purchasing & Contracts Division
....... .. .. 0----
City reserves the right to reject any Proposal if City believes that it would not be in its
best interest to make an award to a particular Proposer, either because the Proposal is
not responsive, the Proposer is unqualified, of doubtful financial ability, or fails to meet
any other pertinent criteria established by City within the scope of this solicitation.
IX PROPOSAL COPIES
Return One (1) Original and six (6) copies in an envelope marked with your firm's name and
"RFP 05-13R, Swimming Pool Management Services" to the City of Tamarac, Purchasing
& Contracts Division, 7525 NW 88th Avenue, Tamarac, Florida 33321, attention: Keith K. Glatz,
CPPO, Purchasing & Contracts Manager. Any addenda become part of this Request of
Proposal and the resulting agreement. The Proposal Form included herein should be signed
by an authorized company representative, dated and returned with the Proposal.
No negotiations, decisions or actions shall be initiated or executed by the Proposer as a
result of any discussions with any City employee. Only those communications that are
issued in writing from the Purchasing & Contracts Division may be considered as a duly
authorized expression. Also, only communications from Proposers that are signed in and
in writing will be recognized by the City as duly authorized expressions on behalf of the
Proposer.
Separate Sealed Envelope: The Cost/Price Proposal shall be submitted in a separate,
sealed envelope separate from, but included with, the Technical Proposal. Failure to
include a complete Technical and CostfPrice Proposal may result in disqualification of
the Proposal.
CONTACT WITH PERSONNEL OF THE CITY OF TAMARAC OTHER THAN THE
PURCHASING AND CONTRACTS MANAGER OR DESIGNATED REPRESENTATIVE
REGARDING THEIR REQUEST FOR PROPOSALS MAY BE GROUNDS FOR
ELIMINATION FROM THE SELECTION PROCESS.
27 offeror's Qualification Statement
of Tamarac Purchasing & Contracts Division
PROPOSALFORM
RFP 05-13R
COST/PRICE PROPOSAL
Personnel Costs
(Direct salary expense, benefits, training)
Operational Costs
(Chemicals, supplies, equipment, rental, etc.)
TOTAL COST
NOT TO EXCEED COST OF
Expenses
Not to Exceed Cost of:
$
Not to Exceed Cost of:
$
(Personnel + Operational)
$
Hourly rate
(for provision of lifeguard services for swimming pool rentals/special
programs)
SUBMITTED BY:
Company Name:
Address:
City:
Phone:
Email:
State:
FAX:
Zip:
NOTE. To be considered eligible for award, one (1) original of this Cost/Price Proposal
form must be submitted with the Proposal.
NO BID INDICATION (IF "NO BID" IS OFFERED):
Please indicate reason(s) why a Proposal is not being submitted at this time.
28 Ofteror's Qualification Statement
of Tamarac Purchasing & Contracts Division
.... . . . .......
REFERENCES
Please list government agencies and/or private firms with whom you have done
business during the last five years:
Your Company Name
Address
City State Zip
Phone/Fax
E-mail
Agency/Firm Name:
Address
City State Zip
Phone/Fax
Contact Name
Agency/Firm Name:
Address
City State Zip
Phone/Fax
Contact Name
Agency/Firm Name:
Address
City State Zip
Phone/Fax
Contact Name
Agency/Firm Name:
Address
City State Zip
Phone/Fax
Contact Name
Agency/Firm Name:
Address
City State Zip
Phone/Fax
Contact Name
29 Offeror's Qualification Statement
City of Tamarac Purchasing & Contracts Division
. ..... . ................... .
CERTIFICATION
THIS DOCUMENT MUST BE SUBMITTED WITH THE PROPOSAL
We (1), the undersigned, hereby agree to furnish the item(s)/service(s) described in
the Invitation to Bid. We (1) certify that we(l) have read the entire document, including
the Scope of Work, Additional Requirements, Supplemental Attachments, Instructions
to Proposers, Terms and Conditions, and any addenda issued. We agree to comply
with all of the requirements of the entire Request for Proposals.
Indicate which type of organization below:
INDIVIDUAL F
If "Other", Explain -
Authorized Signature
Typed/Printed Name
Telephone
Fax
PARTNERSHIP [:1 CORPORATION [_1 OTHERE]
Email address for above signer (if any)
Company Name
Address
City, State, ZIP
Federal Tax ID Number
30 Offeror's Qualification Statement
Purchasing & Contracts Division
City of Tamarac .... ......
........ . ..... - t
CERTIFIED RESOLUTION
(Name), the duly elected Secretary of
(Corporate Title), a corporation organized and existing under the laws of the
State of , do hereby certify that the following Resolution was
unanimously adopted and passed by a quorum of the Board of Directors of the said corporation at a
meeting held in accordance with law and the by-laws of the said corporation.
"IT IS HEREBY RESOLVED THAT (Name)", the duly
elected (Title of Officer) of
(Corporate Title) be and is hereby authorized to execute and
submit a Bid and/or Bid Bond, if such bond is required, to the City of Tamarac and such other
instruments in writing as may be necessary on behalf of the said corporation; and that the Bid,
Bid Bond, and other such instruments signed by him/her shall be binding upon the said corporation as
its own acts and deeds, The secretary shall certify the names and signatures of those authorized to act
by the foregoing resolution.
The City of Tamarac shall be fully protected in relying upon such certification of the secretary and shall
be indemnified and saved harmless from any and all claims, demands, expenses, loss or damage
resulting from or growing out of honoring, the signature of any person so certified or for refusing to
honor any signature not so certified.
I further certify that the above resolution is in force and effect and has not been revised, revoked or
rescinded.
I further certify that the following are the name, titles and official signatures of those
persons authorized to act by the foregoing resolution.
NAME TITLE SIGNATURE
Given under my hand and the Seal of the Said corporation this - day of 120
(SEAL) By: Secretary
Corporate Title
NOTE:
The above is a suggested form of the type of Corporate Resolution desired. Such form need not be
followed explicitly, but the Certified Resolution submitted must clearly show to the satisfaction of the
City of Tamarac that the person signing the Bid and Bid Bond for the corporation has been properly
empowered by the corporation to do so in its behalf.
31 offeror's Qualification Statement
of Tamarac Purchasing & Contracts Division
— ----- — - ---- --.— 0 -.111111111 -11 11 - 11 111-11-1-1-1-111-1 � ---
OFFEROR'S QUALIFICATION STATEMENT
The undersigned certifies under oath the truth and correctness of all statements and of
all answers to questions made hereinafter:
SUBMITTED TO: City of Tamarac
Purchasing and Contracts Manager
7525 NW 88 th Avenue
Tamarac, Florida 33321
Check One
Submitted By:
Name:
Address:
City, State, Zip
Telephone No.
Fax No.
M Corporation
F-1 Partnership
F] Individual
E] Other
1 State the true, exact, correct and complete name of the partnership, corporation, trade
or fictitious name under which you do business and the address of the place of
business.
The correct name of the Offeror is:
The address of the principal place of business is:
2. If Offeror is a corporation, answer the following:
a) Date of Incorporation: . .....
b) State of Incorporation:
c) President's
d) Vice President's name:
e) Secretary's name:
f) Treasurer's name:
g) Name and address of Resident Agent:__
32 Offeror's Qualification Statement
of Tamarac Purchasing & Contracts 01vision
. .. . ...... . ...... . . ..... ... . ... . .... . . ....... 11
3. If Offeror is an individual or a partnership, answer the following:
h) Date of organization:
i) Name, address and ownership units of all partners:
j) State whether general or limited partnership:
4. If Offeror is other than an individual, corporation or partnership, describe the
organization and give the name and address of principals:
. . ...... ..................... . . ........................ . .. . ..... .. . ................ . .. . . .... ........................ I...'', . . .. ...... ...... ................ . . ................. ....................... .. . ... I ... . . . ...... .......... ...... . .................. .
5. If Offeror is operating under a fictitious name, submit evidence of compliance with the
Florida Fictitious Name Statute.
6. How many years has your organization been in business under its present business
name?
a) Under what other former names has your organization operated?
7. Indicate registration, license numbers or certificate numbers for the businesses or
professions, which are the subject of this Bid. Please attach certificate of competency
and/or state registration.
8. Have you personally inspected the site of the proposed work?
[:]YES [:] NO
9. Do you have a complete set of documents, including drawings and addenda?
[] YES [:1 NO
10. Did you attend the Pre -Proposal Conference if any such conference was held?
F-1 YES D NO
2 offeror�s Qualification Statement
City of Tamarac
0--ll-ll-""-,----"Ill""I"---,-""-,,-,--- Purchasing & Contracts Division
11. Have you ever failed to complete any work awarded to you? If so, state when, where
and why:
12. State the names, telephone numbers and last known addresses of three (3) owners,
individuals or representatives of owners with the most knowledge of work which you
have performed and to which you refer (government owners are preferred as
references).
Name Address Telenhone
13. List the pertinent experience of the key individuals of your organization (continue on
insert sheet, if necessary).
14. State the name of the individual who will have personal supervision of the work:
15. State the name and address of attorney, if any, for the business of the Offeror:
16. State the names and addresses of all businesses and/or individuals who own an
interest of more than five percent (5%) of the Offeror's business and indicate the
percentage owned of each such business and/or individual:
17. State the names, addresses and the type of business of all firms that are partially or
wholly owned by Offeror:
3 Ofterors QualificatiQn Statement
of Tamarac Purchasing & Contracts Division
18, State the name of Surety Company which will be providing the bond, and name and
address of agent:
19. Bank References:
Bank
Address
Telephone
....... ..... ... .. . . ............. I I.."., - --- ------
20. Attach a financial statement including Proposer's latest balance sheet and income
statement showing the following items:
a) Current Assets (e.g., cash, joint venture accounts, accounts receivable, notes
receivable, accrued income, deposits, materials, real estate, stocks and
bonds, equipment, furniture and fixtures, inventory and prepaid expenses):
b) Net Fixed Assets
c) Other Assets
d) Current Liabilities (e.g., accounts payable, notes payable, accrued expenses,
provision for income taxes, advances, accrued salaries, real estate
encumbrances and accrued payroll taxes).
e) Other Liabilities (e.g., capital, capital stock, authorized and outstanding
shares par values, earned surplus, and retained earnings):
21. State the name of the firm preparing the financial statement and date thereof:
22. Is this financial statement for the identical organization named on page one?
[_1 YES 0 NO
23. If not, explain the relationship and financial responsibility of the organization whose
financial statement is provided (e.g., parent -subsidiary).
4 offeror's Qualification Statement
City of Tamarac
I I El", 4�1
Purchasing & Contracts Division
The Offeror acknowledges and understands that the information contained in
response to this Qualification Statement shall be relied upon by owner in awarding
the contract and such information is warranted by Offeror to be true. The discovery
of any omission or misstatement that materially affects the Offeror's qualifications to
perform under the contract shall cause the owner to reject the proposal, and if after
the award, to cancel and terminate the award and/or contract.
Signature
ACKNOWLEDGEMENT
OFFEROR'S QUALIFICATION STATEMENT
State of
County of
On this the day of , 20_, before me,
the undersigned Notary Public of the State of Florida, personally appeared
—and
(Name(s) of individual(s) who appeared before notary)
whose name(s) is/are Subscribed to within the instrument, and he/she/they acknowledge
that he/she/they executed it.
WITNESS my hand and official seal.
NOTARY PUBLIC
SEAL OF OFFICE:
36
NOTARY PUBLIC, STATE OF FLORIDA
(Name of Notary Public: Print,
Stamp, or Type as Commissioned)
0 Personally known to me, or
0 Produced identification:
(Type of Identification Produced)
0 DID take an oath, or
0 DID NOT take an oath
City of Tamarac Purchasing & Contracts Division
37
of Tamarac Purchasing & Contracts Division
NON -COLLUSIVE AFFIDAVIT
State of
)ss.
County of.
being first duly sworn,
deposes and says that:
24. He/she is the (Owner, Partner, Officer,
Representative or Agent) of the Offeror
that has submitted the attached Proposal;
25. He/she is fully informed respecting the preparation and contents of the attached
Proposal and of all pertinent circumstances respecting such Proposal;
26. Such Proposal is genuine and is not a collusive or sham Proposal;
27, Neither the said Offeror nor any of its officers, partners, owners, agents,
representatives, employees or parties in interest, including this affiant, have in any
way colluded, conspired, connived or agreed, directly or indirectly, with any other
Offeror, firm, or person to submit a collusive or sham Proposal in connection with the
Work for which the attached Proposal has been submitted; or to refrain from bidding in
connection with such Work; or have in any manner, directly or indirectly, sought by
agreement or collusion, or communication, or conference with any Offeror, firm, or
person to fix the price or prices in the attached Proposal or of any other Offeror, or to
fix any overhead, profit, or cost elements of the Proposal price or the Proposal price of
any other Offeror, or to secure through any collusion, conspiracy, connivance, or
unlawful agreement any advantage against (Recipient), or any person interested in
the proposed Work;
28. The price or prices quoted in the attached Proposal are fair and proper and are not
tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of
the Offeror or any other of its agents, representatives, owners, employees or parties in
interest, including this affiant.
Signed, sealed and delivered in the presence of:
By
Witness
Witness Printed Name
Title
K-11
of Tamarac Purchasing & Contracts Division
ACKNOWLEDGMENT
NON -COLLUSIVE AFFIDAVIT
State of Florida
County of _
On this the day of , 20_, before me, the undersigned Notary Public
of the State of Florida, personally appeared
and
(Name(s) of individual(s) who appeared before notary)
whose name(s) is/are Subscribed to within the instrument, and he/she/they
acknowledge that he/she/they executed it.
WITNESS my hand
and official seal.
NOTARY PUBLIC
SEAL OF OFFICE:
NOTARY PUBLIC, STATE OF FLORIDA
(Name of Notary Public: Print,
Stamp, or Type as Commissioned)
El Personally known to me, or
0 Produced identification:
(Type of Identification Produced)
El DID take an oath, or 0 DID NOT take an oath
CA
City of Tamarac Purchasing & Contracts Division
VENDOR DRUG -FREE WORKPLACE
Preference may be given to vendors submitting a certification with their bid/proposal
certifying they have a drug -free workplace in accordance with Section 287.087, Florida
Statutes. This requirement affects all public entities of the State and becomes effective
January 1, 1991. The special condition is as follows:
IDENTICAL TIE BIDS - Preference may be given to businesses with drug -free workplace
programs. Whenever two or more bids that are equal with respect to price, quality, and
service are received by the State or by any political subdivision for the procurement of
commodities or contractual services, a bid received from a business that certifies that it has
implemented a drug -free workplace program shall be given preference in the award process.
Established procedures for processing tie bids will be followed if none of the tied vendors
have a drug -free workplace program. In order to have a drug -free workplace program, a
business shall:
29. Publish a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the
workplace and specifying the actions that will be taken against employees for
violations of such prohibition.
30. Inform employees about the dangers of drug abuse in the workplace, the business's
policy of maintaining a drug -free workplace, any available drug counseling,
rehabilitation, and employee assistance programs, and the penalties that may be
imposed upon employees for drug abuse violations.
31. Give each employee engaged in providing the commodities or contractual services
that are under bid a copy of the statement specified in subsection (1).
32. In the statement specified in subsection (1), notify the employees that, as a
condition of working on the commodities or contractual services that are under bid,
the employee will abide by the terms of the statement and will notify the employer of
any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893
or of any controlled substance law of the United States or any state, for a violation
occurring in the workplace no later that five (5) days after each conviction.
33. Impose a section on, or require the satisfactory participation in a drug abuse
assistance or rehabilitation program if such is available in the employee's
community, by any employee who is so convicted.
34. Make a good faith effort to continue to maintain a drug -free workplace through
implementation of this section. As the person authorized to sign the statement, I
certify that this form complies fully with the above requirements.
Authorized Signature
40
Company Name
Purchasing & Contracts Division
of Tamarac ....... ...
SAMPLE AGREEMENT
BETWEEN THE CITY OF TAMARAC
UILe
THIS AGREEMENT is made and entered into this — day Of
1 2004 by and between the City of Tamarac, a municipal corporation with
principal offices located at 7525 N.W. 88th Ave., Tamarac, FL 33321 (the "CITY")
and— a corporation with principal offices located at
(the "Contractor") to provide for Swimmin� Pool
Ave.,
Management Services at the Caporella Aquatic Center, 5300 NW 58
Tamarac, Florida.
Now therefore, in consideration of the mutual covenants hereinafter set
forth, the City and Contractor agree as follows:
The Contract Documents
The Contract Documents consist of this Agreement, Proposal Document No. 05-
13R, "Swimming Pool Management Services", including all conditions therein, (General
Terms and Conditions, Special Conditions and/or Special Provisions), drawings, Technical
Specifications, all addenda, the Contractor's bid/proposal included herein, and all
modifications issued after execution of this Agreement. These contract documents form the
Agreement, and all are as fully a part of the Agreement as if attached to this Agreement or
repeated therein.
2) The Work
2.1. The Contractor shall perform all work for the City required by the contract
documents as set forth below:
2.1.1 Contractor shall furnish all labor, materials, and equipment necessary
to provide Swimming Pool Management Services for the Caporella
Aquatic Center located at 9300 NW 58 th Ave., Tamarac, Florida.
2.1.2 Contractor shall supervise the work force to ensure that all workers
conduct themselves and perform their work in a safe and professional
manner. Contractor shall comply with all OSHA safety rules and
regulations in the operation of equipment and in the performance of
the work. Contractor shall at all times have a competent field
supervisor on the job site to enforce these policies and procedures at
the Contractor's expense.
2.1.3 Contractor shall provide the City with seventy-two (72) hours written
notice prior to the beginning of work under this Agreement and prior to
any schedule change with the exception of changes caused by
inclement weather.
41
City of Tamarac Purchasing & Contracts Division
.... . . ..... . . ...... . ..... ... 10-111-1-1-1-1 -
3)
4)
5)
6)
2.1.4 Contractor shall comply with any and all Federal, State, and local laws
and regulations now in effect, or hereinafter enacted during the term
of this Agreement, which are applicable to the Contractor, its
employees, agents or subcontractors, if any, with respect to the work
and services described herein.
Insurance
3.1. Contractor shall obtain at Contractor's expense all necessary insurance in
such form and amount as specified in the original bid document or as
required by the City's Risk and Safety Manager before beginning work under
this Agreement including, but not limited to, Workers' Compensation,
Commercial General Liability, and all other insurance as required by the City,
including Professional Liability when appropriate. Contractor shall maintain
such insurance in full force and effect during the life of this Agreement.
Contractor shall provide to the City's Risk and Safety Manager certificates of
all insurances required under this section prior to beginning any work under
this Agreement. The Contractor will ensure that all subcontractors comply
with the above guidelines and will retain all necessary insurance in force
throughout the term of this agreement.
3.2. Contractor shall indemnify and hold the City harmless for any damages
resulting from failure of the Contractor to take out and maintain such
insurance. Contractor's Liability Insurance policies shall be endorsed to
add the City as an additional insured. Contractor shall be responsible
for payment of all deductibles and self-insurance retentions on
Contractor's Liability Insurance policies.
Contract Term
4.1 The Agreement shall commence immediately upon execution by the City,
and shall be in place for a period of two (2) years.
4.2 The City shall reserve the right to renew at the same terms, conditions and
pricing as the original Agreement for up to two (2) additional renewal periods
of two (2) years each.
Contract Sum
The Contract Sum for the above work is Dollars and cents ($
Payments
Payment will be made on a
accurate invoice.
basis, upon receipt of a detailed,
All payments shall be governed by the Florida Prompt Payment Act, F.S.,
Part V1 1, Chapter 218
42
City of Tamarac Purchasing & Contracts Division
- . . ....... .
7) Indemnification
7.1 GENERAL INDEMNIFICATION: Contractor shall, in addition to any other
obligation to indemnify the City and to the fullest extent permitted by law,
protect, defend, indemnify and hold harmless the City, it's agents, elected
officials and employees from and against all claims, actions, liabilities, losses
(including economic losses), damages and costs arising out of any actual or
alleged: a). Bodily injury, sickness, disease or death, or injury to or
destruction of tangible property including the loss of use resulting therefrom,
or any other damage or loss arising out of or resulting, or claimed to have
resulted in whole or in part from any actual or alleged act or omission of the
Contractor, any sub -Contractor, anyone directly or indirectly employed by any
of them, or anyone for whose acts any of them may be liable in the
performance of the Work; or b). violation of law, statute, ordinance,
governmental administration order, rule, regulation, or infringement of patent
rights by Contractor in the performance of the Work; or c). liens, claims or
actions made by the Contractor or any sub -contractor under workers
compensation acts-, disability benefit acts, other employee benefit acts or any
statutory bar. Any and all cost and expenses, including attorney's fees,
incurred by the City to enforce this agreement shall be the responsibility of
the Contractor.
7.2 Upon completion of all Services, obligations and duties provided for in this
Agreement, or in the event of termination of this Agreement for any reason,
the terms and conditions of this Article shall survive indefinitely.
7.3 The Contractor shall pay all claims, losses, liens, settlements orjudgments of
any nature whatsoever in connection with the foregoing indemnifications
including, but not limited to, reasonable attorney's fees (including appellate
attorney's fees) and costs.
7.4 City reserves the right to select its own legal counsel to conduct any defense
in any such proceeding and all costs and fees associated therewith shall be
the responsibility of Contractor under the indemnification agreement. Nothing
contained herein is intended nor shall it be construed to waive City's rights
and immunities under the common law or Florida Statute 768.28 as amended
from time to time.
8) Remedies
8.1 Damages: The City reserves the right to recover any ascertainable actual
damages incurred as a result of the failure of the Contractor to perform in accordance
with the requirements of this Agreement, or for losses sustained by the City resultant
from the Contractor's failure to perform in accordance with the requirements of this
Agreement.
8,2 Correction of Work: If, in the judgment of the City, work provided by
the Contractor does not conform to the requirements of this Agreement, or if the work
exhibits poor workmanship, the City reserves the right to require that the Contractor
43
of Tamarac Purchasing & Contracts Division
correct all deficiencies in the work to bring the work into conformance without
additional cost to the City, and / or replace any personnel who fail to perform in
accordance with the requirements of this Agreement. The City shall be the sole judge
of non-conformance and the quality of workmanship.
9) Change Orders
Without invalidating the contract, without any monetary
compensation, and without notice to any surety, the City reserves and
shall have the right to make increases, decreases or other changes to the
work as may be considered necessary or desirable to complete the
proposed engagement in a satisfactory manner. The Contractor shall not
start work pursuant to a change order until the change order setting forth
the adjustments is approved by the City, and executed by the City and
Contractor. Once the change order is so approved, the Contractor shall
promptly proceed with the work.
The Contract Price constitutes the total compensation (subject to authorized
adjustments, if applicable) payable to the Contractor for performing the work. All
duties, responsibilities and obligations assigned to or undertaken by the Contractor
shall be at Contractor's expense without change in the Contract Price or Time except
as approved in writing by the City.
The Contract Price and/or Time may only be changed by a Change Order. A
fully executed change order for any additional duties must exist before such
extra duties are intiated. Any claim for an increase or decrease in the Contract
Price shall be based on written notice delivered by the party making the claim to the
other party promptly (but in no event later than 15 days) after the occurrence of the
event giving rise to the claim and stating the general nature of the claim. The amount
of the claim with supporting data shall be delivered (unless the City allows an
additional period of time to ascertain more accurate data in support of the claim) and
shall be accompanied by claimant's written statement that the amount claimed covers
all known amounts to which the claimant is entitled as a result of the occurrence of
said event. No claim for an adjustment in the Contract Price will be valid if not
submitted in accordance with this Paragraph.
In the event satisfactory adjustment cannot be reached by the City and the
Contractor for any item requiring a change in the contract, and a change order has
not been issued, the City reserves the right at its sole option to terminate the contract
as it applies to these items in question and make such arrangements as the City
deems necessary to complete the work. The cost of any work covered by a change
order for an increase or decrease in the contract price shall be determined by mutual
acceptance of a Guaranteed Maximum Price by the City and Contractor. If notice of
any change in the contract or contract time is required to be given to a surety by the
provisions of the bond, the giving of such notice shall be the Contractor's
responsibility, and the amount of each applicable bond shall be adjusted accordingly.
44
of Tamarac Purchasing & Contracts Division
The Contractor shall furnish proof of such adjustment to the City. Failure of the
Contractor to obtain such approval from the Surety may be a basis for termination of
this Contract by the City.
10) Non-Discrim i nation & Equal Opportunity Employment
Contractor agrees not to discriminate against any employee or applicant for
employment because of race, religion, color, gender, national origin, sex, age, marital
status, political affiliation, familial status, sexual orientation, or disability if qualified. The
successful Offeror will take affirmative action to ensure that employees are treated during
employment, without regard to their race, religion, color, gender or national original, or
disability. Such actions must include, but not be limited to, the following: employment,
promotion-, demotion or transfer; recruitment or recruitment advertising, layoff or
termination; rates of pay or other forms of compensation; and selection for training,
including apprenticeship. The successful Offeror(s) shall agree to post in conspicuous
places, available to employees and applicants for employment, notices to be provided by
the contracting officer setting forth the provisions of this nondiscrimination clause. The
successful Cifferor further agrees that he/she will ensure that Subcontractors, if any, will be
made aware of and will comply with this nondiscrimination clause.
11) Independent Contractor
Contractor undertakes performance of the services as an independent contractor
under this Agreement, and shall be wholly responsible for the methods of performance. The
City shall have no right to supervise the methods used, but the City shall have the right to
observe such performance. Contractor shall work closely with the City in performing services
under this Agreement. Personal services provided by the Contractor shall be by employees
of the Contractor and subject to supervision by the Contractor, and not as officers,
employees, or agents of the City. Personnel policies, tax responsibilities, social security
and health insurance, employee benefits, purchasing policies and other similar
administrative procedures applicable to services rendered under this Agreement shall be
those of the Contractor.
12) Assignment and Subcontracting
Contractor shall not transfer or assign the performance required by this Agreement
without the prior consent of the City. This Agreement, or any portion thereof, shall not be
subcontracted without the prior written consent of the city.
13) Notice
Whenever either party desires or is required under this Agreement to give notice to
any other party, it must be given by written notice either delivered in person, sent by U.S.
Certified Mail, U.S. Express Mail, air or ground courier services, or by messenger service, as
follows:
CITY
City Manager
45
City of Tamarac Purchasing & Contracts Division
City of Tamarac
7525 N.W. 88th Avenue
Tamarac, FL 33321
With a copy to City Attorney at the same address.
CONTRACTOR
14) Termination
14.1 Termination for Convenience: This Agreement may be terminated by the
City for convenience, upon sixty (60) days of written notice by the terminating
party to the other party for such termination in which event the Contractor
shall be paid its compensation for services performed to termination date,
including services reasonably related to termination, In the event that the
Contractor abandons this Agreement or causes it to be terminated,
Contractor shall indemnify the city against loss pertaining to this termination.
14.2 Default by Contractor: In addition to all other remedies available to the City,
this Agreement shall be subject to cancellation by the City for cause, should
the Contractor neglect or fail to perform or observe any of the terms,
provisions, conditions, or requirements herein contained, if such neglect or
failure shall continue for a period of thirty (30) days after receipt by
Contractor of written notice of such neglect or failure.
15) Agreement Subject to Funding
This Agreement shall remain in full force and effect only as long as the expenditures
provided for in the Agreement have been appropriated by the City Commission of the City
of Tamarac in the annual budget for each fiscal year of this Agreement, and is subject to
termination based on lack of funding.
16) Venue
This Agreement shall be governed by the laws of the State of Florida as now and
hereafter in force. The venue for actions arising out of this agreement is fixed in
Broward County, Florida.
17) Signatory Authority
The Contractor shall provide the City with copies of requisite documentation
evidencing that the signatory for Contractor has the authority to enter into this Agreement.
18) Severability; Waiver of Provisions
Any provision in this Agreement that is prohibited or unenforceable in anyjurisdiction
46
City of Tamarac Purchasing & Contracts Division
____ . .... . ........ .... . .................. ---
shall, as to such jurisdiction, be ineffective to the extent of such prohibition or
unenforceability without invalidating the remaining provisions hereof or affecting the validity
or enforceability of such provisions in any other jurisdiction. The non -enforcement of any
provision by either party shall not constitute a waiver of that provision nor shall it affect the
enforceability of that provision or of the remainder of this Agreement.
19) Merger; Amendment
This Agreement constitutes the entire Agreement between the Contractor and the
City, and negotiations and oral understandings between the parties are merged herein.
This Agreement can be supplemented and/or amended only by a written document
executed by both the Contractor and the City.
20) No Construction Against Drafting Party
Each party to this Agreement expressly recognizes that this Agreement results from
the negotiation process in which each party was represented by counsel and contributed to
the drafting of this Agreement. Given this fact, no legal or other presumptions against the
party drafting this Agreement concerning its construction, interpretation or otherwise accrue
to the benefit of any party to the Agreement, and each party expressly waives the right to
assert such a presumption in any proceedings or disputes connected with, arising out of, or
involving this Agreement.
47
City of Tamarac Purchasing & Contracts Division
.............. . .. . ...... . .. . ... . .........
IN WITNESS WHEREOF, the parties have made and executed this Agreement on
the respective dates under each signature. CITY OF TAMARAC, signing by and through its
Mayor and City Manager, and CONTRACTOR, signing by and through its duly
authorized to execute same.
ATTEST:
Marion Swenson, CIVIC
City Clerk
Date
F-11 I a 1 *16
Signature of Corporate Secretary
Type/Print Name of Corporate Secy
(CORPORATE SEAL)
al,]
CITY OF TAMARAC
Joe Schreiber, Mayor
Date
Jeffrey L. Miller, City Manager
Date
Approved as to form and legal sufficiency:
City Attorney
Date
Company Name
Signature of President/Owner
Type/Print Name of President/Owner
Date
City of Tamarac Purchasing & Contracts Division
CORPORATE ACKNOWLEDGEMENT
STATE OF
:SS
COUNTY OF
I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgments, personally appeared
I of
a 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 1 20_
Signature of Notary Public
State of Florida at Large
Print, Type or Stamp
Name of Notary Public
Personally known to me or
F-� Produced Identification
Type of I.D. Produced
DID take an oath, or
DID NOT take an oath.
M-1
Purchasing and
Contracts Division
ADDENDUM NO. 1
RFP NO. 05-13R
SWIMMING POOL MANAGEMENT SERVICES FOR THE CAPORELLA AQUATIC
CENTER
DATE OF ADDENDUM: JUNE 23, 2005
TO RFP SUBMITTERS:
The following clarifications, changes, additions and/or deletion ' s are hereby made part of
the Contract Documents for RFP 05-13R, -- SWIMMING POOL MANAGEMENT
SERVICES FOR THE CAPORELLA AQUATIC CENTER.
In addition to the lump sum not -to -exceed information, proposing vendor should
provide the City with unit pricing for various program costs, including hourly
rates for contractor's employees, and independent contractors, as well as
incidental operational costs. The unit cost information shall also provide unit
costs for life vests, and rescue supplies.
2. Part VI. STATEMENT OF WORK, Section C. MINIMUM REQUIREMENTS:
Delete paragraph 2, "Experience in the planning, organizing, and running of
USA Swimming competitions."
3. Please note that in the event the City requires payment of a fee for licensing,
such fee shall either be waived by the City, or shall be billable as a direct pass -
through cost.
4. Security cameras and mounting: The City shall supply required security
cameras. Successful contractor shall assist the City in determining the most
appropriate locations for such cameras.
5. Marketing costs: The City will provide marketing opportunities in the form of the
its bi-monthly direct mail newsletter, "The Tam -a -gram", as well as recreation
brochures and flyer distribution. Successful contractor shall be responsible for
costs above and beyond these items. The successful contractor shall provide
the City with input as part of their Marketing Plan,
& Swimming Pool Depth: The swimming pool shall be no more than 6'deep at its
deepest point.
7525 NW 88fh Avenue a Tamarac, Florida 33321-2401 a (954) 724-2450 S Fax (954) 724-2408 a www.famarac.org
Equol Opportunity Employer
7. Plans and Drawings: The City has supplied drawings to plan holders attending
the pre -proposal conference. Please contact the Purchasing Division in the
event that additional plans are required.
Firms in attendance at the Pre -Proposal Conference of June 23, 2005:
Jeff Ellis Management
The Champion Corporation
All other terms, conditions and specifications remain unchanged for RFP No. 05-13R.
Please acknowledge receipt of this Addendum when returning your proposal, by initialing
this form below.
Sincerely,
Keith K. Glatz, CPPO
Purchasing & Contracts Manager
Purchasing and
Contracts Division
ADDENDUM NO. 2
RFP NO. 05-13R
SWIMMING POOL MANAGEMENT SERVICES FOR THE CAPORELLA AQUATIC
CENTER
DATE OF ADDENDUM: JUNE 29,2005
TO RFP SUBMITTERS:
The following clarifications, changes, additions and/or deletions are hereby made part of
the Contract Documents for RFP 05-13R, SWIMMING POOL MANAGEMENT SERVICES
FOR THE CAPORELLA AQUATIC CENTER.
1 . The play pool structure volume is 24,240 gallons with a bathing load of 52.
2. The City will accept corporate tax returns for the past three (3) years in lieu of CPA
audited financial statements if not available from your firm.
All other terms, conditions and specifications remain unchanged for RFP No. 05-13R.
This Addendum No. 2 should be signed and returned with your Proposal and/or
acknowledge receipt of this Addendum No. 2 within your Proposal,
NAME OF FIRM:
7525 NW 88th Avenue 0 Tamarac, Florida 33321-2401 0 (954) 724-2450 N Fax (954) 724-2408 0 www.tamorac.org
Equal Opportunity Employer
Temp. Reso. #10850 - Exhibit 2
8/12/2005 SWIMMING POOL MANAGEMENT RFP 05-13R
Committee Evaluation Totals
AFTER PROPOSALS AND PRESENTATIONS
Proposer's Name:
Jeff Ellis &
The Champion
Associates
Corporation
No Conflict of Interest
No
No
Adhered to the Instruction3
No - Minor
No- Minor
1 wwmi-i " %jr mrzor-vivac, 1 Mall At-rKUAIUM. VVUKK I -LAN (115 POINTS)
INTERIM PARKS & REC. DIRECTOR
14
14
PARKS SUPT.
10--
13
ASST. DIRECTOR OF PUBLIC WORKS
12
14
SAFETY COORDINATOR
10
8
SPECIAL PROJECTS COORDINATOR
15
15
SERVICES TO BE PROVIDED (40 POINTS)
INTERIM PARKS & REC. DIRECTOR
35
36
PARKS SUPT.
30
30
ASST. DIRECTOR OF PUBLIC WORKS
35
33
SAFETY COORDINATOR
30
35
SPECIAL PROJECTS COORDINATOR
40
30
QUALIFICATIONS OF THE PROPOSER/EXPERTISE
(25 POINTS)
INTERIM PARKS & REC. DIRECTOR
25
24
PARKS SUPT.
25
20
ASST. DIRECTOR OF PUBLIC WORKS
25
24
SAFETY COORDINATOR
25
15
SPECIAL PROJECTS COORDINATOR
25
20
COSTS (PRICE)
(20 POINTS)
INTERIM PARKS & REC, DIRECTOR
20
12
PARKS SUPT.
20
12
ASST. DIRECTOR OF PUBLIC WORKS
20
12
SAFETY COORDINATOR
20
12
ISPECIAL PROJECTS COORDINATOR
20
12
I TOTAL
POINTS
94
86
85
75
92
83
85
70
1
1 100
77
ITOTAL POINTS
456
391
Udrive/2005 Bids/ 05-08P./05-13R Evaluation Total Worksheet 081105.xis
Temp. Reso. #10850
Exhibit 3
City Tamarac
PROPOSALFORM
RFP 05-13R
COST/PRICE PROPOSAL
— Purchasing & ContrW Dimon
Personnel Costs Not to Exceed Cost of: $645,253
(Direct salary expense, benefits, training)
Operational Costs Not to Exceed Cost of. $127,200
(Chemicals, supplies, equipment, rental, etc.)
TOTAL COST
NOT TO EXCEED COST OF
(Personnel +Operational) $772,453
Expenses for term of agreement $140,000
Hourly rate $50
(for provision of lifeguard services for swimming pool rentals/special programs)
SUBMITTED BY: Jeffrey L. Ellis
Company Name: Jeff Ellis & Associates, Inc.
Dba Jeff Ellis Management, LLC.
Address: 508 Goldenmoss Loop
City: Ocoee State: Florida Zip, . 34761
Phone: (407) 654-1738 FAX: (281) 360-0869
Email:
NOTE: To be considered eligible for award, one (1) original of this Cost/Price
Proposal form must be submitted with the Proposal.
NO BID INDICATION (IF "NO BID"IS OFFERED):
Please indicate reason(s) why a Proposal is not being submitted at this time.
N/A
28
— Offemes Qualftabon Stelermnt
City Tamarac
— Purchasing & Contract Division
REFERENCES
Please list government agencies and/or private firms with whom you have
done business during the last five years:
Your Company Name Jeff Ellis & Associates, Inc.
Address 3506 Spruce Park Circle
City State Zip Kingwood, Texas 77345-3033
Phone/Fax (281) 360-0606 / (281) 360-0869
E-mail elainec(a)-dellis.com
Agency/Firm Name:
Broward County Parks
Address
950 N.W. 38 th Street
City State Zip
Oakland Park, FL 33309
Phone/Fax
(954) 357-8108 / (954) 326-9639
Contact Name
Mike Harlan, Assistant Director
Agency/Firm Name: Hallandale Parks and Recreation Department
Address 410 S.E. 3rdStreet
City State Zip Hallandale Beach, FL 33009
Phone/Fax (954) 457-1409 / (954) 457-1467
Contact Name Luciana Santangelo, Director
Agency/Firm Name: Fox Valley Park District
Address
712 South River Street
City State Zip
Aurora, Illinois 60505
Phone/Fax
(630) 292-3608 /
Contact Name
Tom Rowe, VAC Facility Manager
Agency/Firm Name: Elgin Country Club
Address 37 West 267 Weld Road
City State Zip Eglin, Illinois 60123
Phone/Fax (847) 741-1716 / (847) 741-1736
Contact Name James Capek, General Manager
Agency/Firm Name: North Woodland Hills Village Community Association
Address 1102 Kingwood Drive — Suite 104
City State Zip Kingwood, Texas 77339
Phone/Fax (281) 527-7479 / (281) 361-7858
Contact Name Richard Marshall, Board of Directors Liaison
29
— OftrWs Quafirkabion Staterwnt
City Tamarac — Purchasing & Con"d Division
CERTIFICATION
THIS DOCUMENT MUST BE SUBMITFED WITH THE PROPOSAL
We (1), the undersigned, hereby agree to furnish the item(s)/service(s)
described in the Invitation to Bid. We (1) certify that we(l) have read the
entire document, including the Scope of Work, Additional Requirements,
Supplemental Attachments, Instructions to Proposers, Terms and
Conditions, and any addenda issued. We agree to comply with all of the
requirements of the entire Request for Proposals.
Indicate which type of organization below:
INDIVIDUAL 0 PARTNERSHIP El CORPORATION 0 OTHER 2
If "Other", Explain: Jeff Ellis & Associates, Inc., a Texas Corporation chartered in
1985,4Kh�Aq business in Florida as Jeff Ellis Management, LLC, chartered in
Signature
Jeffrey L. Ellis
Address:
Telephone: (407) 6564-1738
Fax. (407) 654-1723
Jeff Ellis Management, LLC.
Company Name
508 Goldenmoss Loop
Ocoee, Florida 34761
Federal Tax ID Number: 20-1287437
Email address for above signer (if any) Leffe(ED-jellis.com
30
— oftmes Qualftabon Statement
City Tamarac
CERTIFIED RESOLUTION
— Purchasing & Contract Division
1, Elaine Cinelli, the duly elected Secretary of Jeff Ellis Management, LLC., a limited
liability company organized and existing under the laws of the State of Florida, do
hereby certify that the following Resolution was unanimously adopted and passed by a
quorum of the Board of Directors of the said corporation at a meeting held in
accordance with law and the by-laws of the said corporation.
"IT IS HEREBY RESOLVED THAT Jeffrey L. Ellis", the duly elected President of Jeff
Ellis Management, LLC. be and is hereby authorized to execute and submit a Bid and/or
Bid Bond, if such bond is required, to the City of Tamarac and such other instruments in
writing as may be necessary on behalf of the said corporation; and that the Bid, Bid
Bond, and other such instruments signed by him/her shall be binding upon the said
corporation as its own acts and deeds. The secretary shall certify the names and
signatures of those authorized to act by the foregoing resolution.
The City of Tamarac shall be fully protected in relying upon such certification of the
secretary and shall be indemnified and saved harmless from any and all claims,
demands, expenses, loss or damage resulting from or growing out of honoring, the
signature of any person so certified or for refusing to honor any signature not so
certified.
I further certify that the above resolution is in force and effect and has not been revised,
revoked or rescinded.
I further certify that the following are the name, titles and official signatures of those
persons authorized to act by the foregoing resolution.
11111.11"T 1 919114
Jeffrey L. Ellis President
Elaine Cinelli Secretary
Johnny R.E. Quest Director
Given under my hand and the Seal of the said corporation t,4 5 th day of July, 2005.
By- CLC4--U
(SEAL) Secretary
NOTE:
The above is a suggested form of the type of Corporate Resolution desired. Such form need not be followed explicitly, but the
Certified Resolution submitted must clearly show to the satisfaction of the City of Tamarac that the person signing the Bid and Bid
Bond for the corporation has been property empowered by the corporation to do so In its behaff.
31
— offeroris Quaft-ation Statement
City Tamarac — Purchasing & Contract Division
OFFEROR'S QUALIFICATION STATEMENT
The undersigned certifies under oath the truth and correctness of all statements and of
all answers to questions made hereinafter:
SUBMITTED TO: City of Tamarac
Purchasing and Contracts Manager
7525 NW th Avenue
Tamarac, Florida 33321
Check One
Submitted By: Jeffrey L. Ellis OCorporation
Name: Jeff Ellis Management, LLC. El Partnership
Address. 508 Goldenmoss Loop El Individual
City, State, Zip Ocoee, Florida 34761 El Other
Telephone No: (407) 654-1738
Fax No: (407) 654-1723
State the true, exact, correct and complete name of the partnership, corporation,
trade or fictitious name under which you do business and the address of the place
of business.
The correct name of the Offeror is: Jeff Ellis Management, LLC.
The address of the principal place of business is: 508 Golderimoss Loop in
Ocoee, Orange County, Florida 34761
2. If Offeror is a corporation, answer the following:
a) Date of Incorporation: September 23, 2003
b) State of Incorporation: Florida
c) President's name: Jeffrey L. Ellis
d) Vice President's name: Johnny Quest
e) Secretary's name: Elaine Cinelli
f) Treasurer's name: Elaine Cinelli
g) Name and address of Resident Agent: Gary Brown, CPA, Finkelstein,
Brown, Nemet & Rothchild, P.A., 6401 S.W. 87tn Avenue Suite 203, Miami,
Florida 33173
— OfferWs Qualfibelion MbWnent
City Tamarac — Purchasing & Contract Division
32
3. If Offeror is an individual or a partnership, answer the following:
h) Date of organization: N/A
i) Name, address and ownership units of all partners: N/A
j) State whether general or limited partnership: N/A
4. If Offeror is other than an individual, corporation or partnership, describe the
organization and give the name and address of principals: N/A
5. If Offeror is operating under a fictitious name, submit evidence of
compliance with the Florida Fictitious Name Statute. N/A
6. How many years has your organization been in business under its present
business name? Three years — 2003, 2004 and 2005
a) Under what other former names has your organization operated?
Jeff Ellis & Associates, Inc. A Texas Corporation chartered in 1985.
7. Indicate registration, license numbers or certificate numbers for the
businesses or professions, which are the subject of this Bid. Please attach
certificate of competency and/or state registration. N/A
8. Have you personally inspected the site of the proposed work? oYES @NO
9. Do you have a complete set of documents, including drawings and
addenda? 10YES oNO
10. Did you attend the Pre -Proposal Conference if any such conference was
held? OYES oNO
2
— Oftemrs Qualftation Statement
City Tamarac
- Pumhasing & Contract Divimon
Have you ever failed to complete any work awarded to you? If so, state when,
where and why: No
12. State the names, telephone numbers and last known addresses of three (3)
owners, individuals or representatives of owners with the most knowledge of work
which you have performed and to which you refer (government owners are
preferred as references).
Name
Luciana Santangelo
Mike Harlan
Tom Rowe.
Address .
Telephone
Hallandale Beach, Florida (954) 457-1409
Broward County, Florida (954) 357-8108
Fox Valley Park District, Illinois (630) 466-4787
13. List the pertinent experience of the key individuals of your organization.
Jeffrey Ellis, President, is an internationally recognized aquatic safety expert
whose combined professional experiences since 1983 enable him to offer aquatic
safety, operational, legal and risk management expertise. Mr. Ellis is credited with
revolutionizing lifeguarding technology as well as developing an objective driven
and comprehensive approach to aquatic safety and risk management.
Ms. Cinelli, Mr. Quest and the other thirty-one associates of the firm hold bachelor
degrees or higher from accredited US universfties. Each E&A team member
possess unique aquatic related experiences (ranging from, 2 to 26 years) obtained
at both public and private aquatic facilities throughout the United States and the
world.
Ms. Cinelli, Vice President for Business/Finance is a graduate of Central Florida
University with a Bachelor's degree in finance. Prior to joining the firm in 2003,
Ms. Cinelli worked for American Express Corporation.
Mr. Quest, Director for Logistical Support, is a graduate of Central Florida
University with a Bachelor's degree in criminal justice. Mr. Quest was employed
as a lifeguard and head lifeguard for Broward County Parks prior to joining our
firm in 1994. Mr. Quest also served as operations manager for Jeff Ellis
International, Ltd. in Nassau, Bahamas for two years. During this tenure he
provided oversight for our Atlantis Resort aquatic facility and beach operations.
- Offemrs Qualftation Statement
City Tamarac
— Purchasing & Conftad Diwsion
13. State the name of the individual who will have personal supervision of the work:
Jeffrey L. Ellis and Johnny Quest
15. State the name and address of attorney, if any, for the business of the Offeror:
Aside from Mr. Ellis, the firm retains various legal firms to represent its interests for
liability, tax, copyright, and financial purposes.
The firm's general counsel is Russell Ramsey of Ramsey and Murray with offices
at 800 Gessner Road, Suite 1100, in Houston, Harris County, Texas 77024-4257
(713) 613-5400 Ext. 338.
The firm also retains Joel Bloom as business counsel of Bloom & Minsker, P.L.
with offices at 1110 Brickell Avenue, 7tt' Floor, Miami, Dade Country, Florida
33131-3107 (305) 371-6800.
16. State the names and addresses of all businesses and/or individuals who
own an interest of more than five percent (5%) of the Offeror's business and
indicate the percentage owned of each such business and/or individual:
Jeffrey L. Ellis
Elaine Cinelli
Johnny Quest
Kingwood, Texas
Ocoee, Florida
Ocoee, Florida
65% ownership
20% ownership
15% ownership
17. State the names, addresses and the type of business of all firms that are partially
or wholly owned by the Offeror:
Jeff Ellis & Associates, Inc., is a Texas Corporation that is 100% owned by the
Offeror, Jeffrey L. Ellis, with corporate offices at 3506 Spruce Park Circle,
Kingwood, Harris County, Texas 77345. (281) 360-0606
18. State the name of Surety Company which will be providing the bond, and
name and address of agent: Jeff Ellis Management, LLC. will obtain the
services of a Surety Company should it be selected and upon notification of
being awarded said contract. It is understood that this requirement must be
met prior to executing a service agreement with the City of Tamarac.
- offefws Quafft-afib" state"Ont
City Tamarac
19.13ank References:
Bank
Bank of America
Roxanne Bludgen Orlando, Florida
American Express
Wanda Perez Orlando, Florida
Chase Bank Houston, Texas
— Purch8sing & Contract Division
Telephone
(888) 852-5000 Ext 3393
(407) 579-6334
(800) 935-9935
20. Attach a financial statement including Proposer's latest balance sheet and
income statement showing the following items:
a) Current Assets (e.g., cash, joint venture accounts, accounts receivable,
notes receivable, accrued income, deposits, materials, real estate,
stocks and bonds, equipment, furniture and fixtures, inventory and
prepaid expenses):
b) Net Fixed Assets
c) Other Assets
d) Current Liabilities (e.g., accounts payable, notes payable, accrued
expenses, provision for income taxes, advances, accrued salaries, real
estate encumbrances and accrued payroll taxes).
e) Other Liabilities (e.g., capital, capital stock, authorized and outstanding
shares par values, earned surplus, and retained earnings):
21. State the name of the firm preparing the financial statemen . t and date
thereof. Gar Brown, CPA. Finkelstein, Brown, Nemet & Rothchild, P.A.,
6401 S.W. 87 h Avenue Suite 203, Miami, Florida 33173 (305) 595-2727
22. Is this financial statement for the identical organization named on page
one?
0 YES 13 NO
23. If not, explain the relationship and financial responsibility of the organization
whose financial statement is provided (e.g., parent -subsidiary). N/A
— Offemes Qualftabon Statement
City Tamarac
- Purchasing & Contract Division
The Offeror acknowledges and understands that the information contained in response
to this Qualification Statement shall be relied upon by owner in awarding the contract
and such information is warranted by Offeror to be true. The discovery of any omission
or misstat nt that materially affects the Offeror's qualifications to perform under the
contract,;a use the o n ct the proposal, and if after the award, to cancel
'w
;Fjo reje
and.termni he qw'. priftr coritract.
ACKNOWLEDGEMENT
OFFEROR'S QUALIFICATION STATEMENT
State of Florida
County of Orange
On this the 50'day of July2005, before me, the undersigned Notary Public of the State of Florida,
personally appeared Jeffrey L. Ellis
whose name(s) is/are Subscribed to within the instrument, and he/she/they
acknowledge that he/she/they executed it.
WI(vy: PubW- SI(mr of Floridt"
4.
-rimon lb�izwes Sep 19,200B
WITNESS my hand and official seal. ;A-V Commission # DD 356944
Boncled 9x NoWnal Nofar�y Ann..
ZN B LlC, STAT 0
1-1 ON11-JA
e
Elaine Cinelli
(Name of Notary Public: Print,
Stamp, or Type as Commissioned)
NOTARY PUBLIC
SEAL OF OFFICE:
Wj
'44 40,
36
0 Personally known to me.
0 DID take an oath, or
ii DID NOT take an oath
- offerors Quaffil-ption staternent
8.14 PM Jeff Ellis & Associates, Inc.
47/as/o5 Balance Sheet
Accrual Basis As of July 5, 2005
Jul 5, 05
ASSETS
Current Assets
Checking/Savings
First American
646.45
BOA -Merchant Account
140,566.91
Bank of America - Orlando
92,691.74
BOA - Corporate Account
14,365.20
Chase Bank of Texas
3,477.40
Total Checking/Savings
251,747.70
Accounts Receivable
Accounts Receivable
519,050.18
Total Accounts Receivable
519,050.18
Other Current Assets
Advance - Jeff Ellis
4,712.82
Inventory Asset
78,540.44
Undeposited Funds
57,304.67
Total Other Current Assets
140,557.93
Total Current Assets
911,355,81
Fixed Assets
Fixed Assets
Leasehold Improvements - Kingwo
245,843.17
Automobiles
601, 981.60
Electronic Equipment
269,717,49
Furniture
501,624.04
Leasehold Improvements - FL
13,120.19
Office Equipment
27,038.73
Safety Equipment
47,029.86
Water Equipment
17,564.64
Accum Depr - Automobiles
-338,547.76
Accum Deprec - Leasehld KW
-7,864.68
Accum Depr - Electronic Equip
-270,645.49
Accum Dep - Furnit
-364,461.63
Accum Deprec - LH Improvs FL
-1,177.20
Accum Dep - Office Equip
-20,392.10
Accum Depr - Safety Equip
-46,374.86
Accum Depr - Water Equip
-13,290.50
Total Fixed Assets
661,165.50
Total Fixed Assets
661,165.50
Other Assets
Corporate Tax Deposits
32,600.00
Loan to stockholder
-24,545.10
Memberships
10,900.00
Orlando Utility Deposit
400.00
Suspense
2,183.80
Total Other Assets
21,538.70
TOTAL ASSETS
LIABILITIES & EQUITY
Liabilities
Current Liabilities
Accounts Payable
Accounts Payable
Total Accounts Payable
Credit Cards
BOA -Rewards Card -4686
Citi Bank 88686579/-1895
Total Credit Cards
Other Current Liabilities
Wells Fargo LOC
1,594,060.01
70, 539.57
70, 539.57
1,328,59
9,904.48
11,233.07
41, 348.96
Page 1
8:14 PM Jeff Ellis & Associates, Inc.
17/05/05 Balance Sheet
Accrual Basis As of July 5, 2005
Jul 5, 05
Due to Ellis Manag LLC
-25,000,00
BOA -Premier Loan
91,695.73
Bank of America - Revolving LC
220,000.00
BankAm X5 Loan
-1,448.96
Chase L.O.C.
20,386.32
Payroll Taxes Payable
-53.56
Sales Tax Payable
618.94
Sun Trust L/C Loan - Textron
44,880.65
Total Other Current Liabilities
392,428.08
Total Current Liabilities 474,200,72
Long Term Liabilities
Note BA - 7451
14,826.09
Note Payble - X52001
672.56
Total Long Term Liabilities
15,498.65
Total Liabilities
489,699.37
Equity
Capital Stock
1,000,00
Opening Bal Equity
6,660.00
Retained Earnings
538,350.34
Net Income
558,350.30
Total Equity 1,104,360.64
TOTAL LIABILITIES S EQUITY 1,594,060.01
Page 2
` 1 38 PM Jeff Ellis & Associates, Inc.
'i105105' Sales by Item Summary
Accrual Basis January 1 through July 5, 2005
Jan 1 - Jul 5, 06
oty
Amount
% of Sales
Avg Price
Inventory
Merchandise
E&A Back Pack
18
440.00
0.0%
24.44
E&A Sall CAp
1
15,50
0.0%
15.50
E&A Bucket Hat
1
17.50
0-0%
17-50
E&A Easy Seal Hip Packs
132
1,953.00
0.1%
14-80
E&A Pon
10
100-00
0.0%
10-00
E&A Polo Shirt
5
125.00
0.0%
25,00
E&A Towel
1
29.00
0.0%
29.00
E&A W.Breaker-Pullovers
2
81.90
0.0%
40.95
Instructor T-Shirt
515
260.00
0.0%
0.50
Junior Lifeguard T-Shirt
171
0.00
0.0%
0.00
Lifeguard Emblem
284
1,136.00
0.0%
4.00
Oxygen Unit w /Regulaor
9
3,450,00
0.1%
383.33
Total Merchandise
7,607.90
0.3%
New Instructor Training Course
312
79,938-00
3.1%
256.21
Publications
BLT Manual
516
5,025.00
0,2%
9,74
BLT Manual + Certificate
405
5,490.00
0.2%
13.56
BLTF Manual
544
5,850.00
0.2%
10.75
IRM Manual
354
36.00
0.0%
0A0
JES Advanced -Level 3
15
225.00
0.0%
15-00
JES BEG -Level One Progress
37
705.00
0.0%
19-05
JES Inter Level 2 Progress
21
315.00
0.0%
15.00
JES Level I Completion
21
315,00
0.0%
15.00
JES Level 2 Completion
13
195,00
0.0%
15.00
JES Level 3 Completion
11
165.00
0+0%
15,00
JES Pre/Parent Progress
25
425.00
0,0%
17.00
JES Pre+Parent Completion
14
210.00
0.0%
15-00
Junior LGI Manual
16
240,00
0.0%
15�00
LG Manual
1,658
65,148,00
2.5%
39-29
Lifeguard Skills Training Video
18
1,242.00
0.0%
69.00
NSC AED Student
1
6.00
0.0%
6.00
NSC CPR Manual
16
80,00
0+0%
5,00
NSC CPR/AED
130
858.00
0,0%
6,60
NSC CPRIFA Manual
48
3%00
0.0%
7.48
NSC FA Manual
40
260.00
0.0%
6�50
Original Lifeguard online
21)
579.00
0.0%
28.95
Renewal Lifeguard Online
176
1,760.00
0.1%
10.00
Replacement Card -POOL
346
8,660m
0,3%
25.03
Replacement Card -SHALLOW
12
175.00
0.0%
14+58
Replacement Card -SPECIAL
15
375.00
0�0%
25.00
Training Video
44
5,676.00
0,2%
129,00
VAT Training DVD
15
750.00
0.0%
50.00
WSafety+ Manual
1
15.00
0.0%
15-00
Total Publications
105,139.00
4.1%
RAST Kit
6
960,00
0.0%
160,00
Total Inventory
193,644.90
7.5%
Parts
ECSI Blood Born Pathogens
1
80-55
0.0%
80.55
ECSI CPR/AED Cart, & Manual
33
1,930.50
0.1%
58.50
ECSI CPRIAED Review
10
405.00
0.0%
40.50
ECSI FA CertfManual
5
337.50
0.0%
67.60
ECSI FA Teaching DVD
3
281-85
0.0%
93.95
ECSI FA/cPRIAED Cort/Manual
130
11,115.00
0.4%
85-50
ECSI FA/CPR/AED DVID
6
941,70
0-0%
156-95
ECSI PRO Rescuer CPR
72
3,217.60
0.1%
44-69
ECSI Pro Rescuer CPR1DVD
3
262.85
0.0%
87,62
Total Parts
18,572.55
0.7%
Service
Adminstration Fee
4
65.00
0.0%
16,25
Auditing Fees
433
303,070.00
11.8%
699.93
Page I
38 PM
,j7/05/05
Accrual Basis
Jeff Ellis & Associates, Inc.
Sales by Item Summary
January I through July 5, 2005
Jan I - Jul 5, 05
aty-
Amount
% of Sales
Avg Price
Bad Debts
-2
-608.45
-0.0%
304.23
Consulting
Carroll, R.
33
27,795.00
1.1%
842.27
Ellis, J.
32.41666
5,138.50
0.2%
158.51
Minninger, J.
1
. 0.00
0,0%
0.00
Oostman, M.
19
11,176.00
0.4%
588.21
Renstrom,Randy
4
2,200�00
0.1%
550,00
Wadsworth, Marty
13
22,624.00
0.9%
1,740.31
Consulting - Other
2
500-00
0.0%
250-00
Total Consulting
69,433.50
2.7%
Miscellaneous
179
13,861.79
0.5%
77.44
NASS
9
8,700.00
0.3%
966.67
Retainer Fees
Retainer 01
2
3,600,00
0.1%
1,800.00
Retainer 02
2
1,500.00
0.1%
750.00
Retainer 03
4
3,200,00
0.1%
800.00
Retainer 04
1
300.00
0.0%
300.00
Retainer 05
7
3,760.00
0.1%
537.14
Retainer Fees - Other
22
19,685-00
0.8%
894.77
Total Retainer Fees
32,045-00
1.2%
Training Sery
ARP Certification
80
4,000-00
0.2%
50-00
ARPContract
6
48.00
0.0%
8.00
BLTCertification
65
905.00
0.0%
13.92
JES Instructor License
185
7,330-00
0.3%
39.62
JES Original Instructor Kit
83
2,490.00
0.1%
30-00
JES Original On-Sito Kit
1
50-00
0.0%
50,00
JES Program Coordinator
11
2,675.00
0.1%
243.18
JES Quick Start
1
175,00
0.0%
175.00
JES Renewal Coordinator
4
310,00
0.0%
77.50
Jr. Lifeguard Certificate
177
4,671.00
0.2%
26-39
Now Instructor License
352
37,428.00
1.5%
106.33
NSC CPRIFA INSTRUCTOR Cert
1
50.00
0.0%
50.00
Pool License
4,653
302,520,00
11.8%
65,02
Pool Lifeguard Completion Kit
1,316
12,882.00
0,5%
9.79
Renewal Contract Training
232
1,856.00
0.1%
8.00
Renewal Instructor License
227
53,316.00
2.1%
234,87
Renewal License- Special
3,921
223,315,00
8.7%
56.95
Renewal License -Shallow
1,322
75,145,00
2,9%
56,84
Renewal License - Pool
4,668
261,150,00
10,2%
65�94
Replacement License Charge
154
1,860.00
01%
12.08
Senior LG License -New & Renew
7
280.00
0.0%
40.00
Shallow Contract Pricing
76
2,052,00
0.1%
27,00
Shallow License
5,380
354,375.00
13.8%
65.87
Special Contract Training
818
22,086.00
0.9%
27.00
Special Facility License
7,058
516,930-00
20.1%
73-24
Special Lifeguard Completion ki
5
375.00
0.0%
75.00
Transfer License
108
1,019.00
0.0%
9.44
UPGRADE-Pool/Cert to License
55
2,750.00
0.1%
50.00
UPGRADE-Speclal/Cert to License
47
2,585.00
0.1%
55.00
WS+Certificate
21
210.00
0.0%
10.00
Total Training Sery
1,894,838.00
73.7%
Upgrade License
215
2,214.00
0.1%
10.30
Total Service
2,323,618.84
90.4%
Other Charges
Fin Chg
18
1,497.44
0.1%
83.19
Shipping/Hand
UPS Shipping
1,291
22,522.07
0,9%
17.45
ShIpping/Hand - Other
111
2,562.93
0.1%
23-09
Total Shipping/Hand
25,085.00
1.0%
Travel
Page 2
J
Q:38 PM
Jeff Ellis & Associates, Inc.
.,rro6,05
Sales by Item Summary
Accrual Basis
January 1 through July 5, 2005
Jan 1 - Jul 5, 05
Qty Amount % of Sales
Avg Price
Air Travel
9 6,772.24
0.3%
752.47
Car Rental
5 448.72
0.0%
89.74
Gas
1 16.34
0.0%
16.34
Lodging
7 1,340.98
0.1%
191.57
Meals
10 695.00
0.0%
69.50
Parking
2 50.25
0.0%
25.13
Tolls
1 16.11
0.0%
16.11
Total Travel
9,339,64
0.4%
Total Other Charges
35,922.08
1.4%
Discounts
Discount
-2,179.00
-0.1 %
Total Discounts
-2,179.00
-0.1 %
TOTAL
2,669,579.37
100.0%
Page 3
R:01 PM JEFF ELLIS MANAGEMENT, LLC
d7/05/05 Balance Sheet
Accrual Basis As of July 5, 2005
wm, ,a
ASSETS
Current Assets
Checking/Savings
Checking Acct - BOA
48,957.88
Total Checking/Savings
48,957,88
Accounts Receivable
Accounts Receivable
68,009,04
Total Accounts Receivable
68,009.04
Total Current Assets
116,966.92
Other Assets
Due from Associates
-25,000.00
Total Other Assets
-25,000.00
TOTAL ASSETS
91,966.92
LIABILITIES & EQUITY
Liabilities
Current Liabilities
Other Current Liabilities
Payroll Liabilities
288.07
Total Other Current Liabilities
288.07
Total Current Liabilities
288.07
Total Liabilities
288.07
Equity
Retained Earnings
36,339.68
Net Income
55,339.17
Total Equity
91,678.85
TOTAL LIABILITIES & EQUITY
91,966.92
Page 1
q:03 PM JEFF ELLIS MANAGEMENT, LLC
.17105105
Sales by Item Summary
Accrual Basis
January 1 through July 5, 2005
Jan 1 - Jul 5, 05
City Amount % of Sales
Avg Price
Service
Consulting
97 221,741.75 109.1%
2.286.00
Total Service
221,741.75 109.1%
Other Charges
Bad Debt
-1-31,250,00 -15.4%
31,250,00
Reimbursed Expenses 447 12,616.65 6.2%
28.23
Shpping/Handling
4 225.25 0.1%
56.31
Total Other Charges
-18.408.10 -9.1 %
TOTAL
203,333.65 100.0%
v
Page 1
City Tamarac — Purchasing & Contract Division
NON -COLLUSIVE AFFIDAVIT
State of Florida
)ss.
County of Orange
Jeffrey L. Ellis being first duly sworn deposes and says that:
24. He/she is the Representative, (Owner, Partner, Officer, Representative or
Agent) of Jeff Ellis Management, LLC. the Offeror that has submitted the
attached Proposal;
25. He/she is fully informed respecting the preparation and contents of the
attached Proposal and of all pertinent circumstances respecting such
Proposal;
26. Such Proposal is genuine and is not a collusive or sham Proposal;
27. Neither the said Offeror nor any of its officers, partners, owners, agents,
representatives, employees or parties in interest, including this affiant, have
in any way colluded, conspired, connived or agreed, directly or indirectly,
with any other Offeror, firm, or person to submit a collusive or sham
Proposal in connection with the Work for which the attached Proposal has
been submitted; or to refrain from bidding in connection with such Work; or
have in any manner, directly or indirectly, sought by agreement or collusion,
or communication, or conference with any Offeror, firm, or person to fix the
price or prices in the attached Proposal or of any other Offeror, or to fix any
overhead, profit, or cost elements of the Proposal price or the Proposal
price of any other Offeror, or to secure through any collusion, conspiracy,
connivance, or unlawful agreement any advantage against (Recipient), or
any person interested in the proposed Work;
28
The price or prices quoted in the attached Proposal are fair and proper and
are not tainted by any collusion, conspiracy, connivance, or unlawful
agreement on the part of the Offeror or any other of its agents,
representatives, owners, employees or parties in interest, including this
affiant. 'f
S' i sealed qnd delivered in the presence
Wi ss
KI VV
— Ofteroes QuaNkation Statement
0
City Tamarac
ACKNOWLEDGMENT
— Purchasing & Contract Division
NON -COLLUSIVE AFFIDAVIT
State of Florida
County of Orange
On this the 5th day of July, 2005, before me, the undersigned Notary Public of the
State of Florida, personally appeared
Jeffrey L. Ellis
whose name(s) is/are Subscribed to within the instrument, and he/she/they
acknowledge that he/she/they executed it.
WITNESS my hand
and official seal.
NOTARY PUBLIC
SEAL OF OFFICE.
ELAINE B. CINELLI
_ _Notary Public - State of Florida
NlyCarm�sionBONSep 19, 200B
Commission #t DD 3559ad
F ° Sodded By Noflonal Notary Assn.
39
NOTARY PUBLIC, STATE OF
FLORIDA
Elaine Cinelli
Stamp or Type as Commissioned)
0 Personally known to me.
0 DID take an oath, or
❑ DID NOT take an oath
— Ofi'enWs Qualification Statement
City Tamarac — Purchasing & Conftwt Division
VENDOR DRUG -FREE WORKPLACE
Preference may be given to vendors submitting a certification with their
bid/proposal certifying they have a drug -free workplace in accordance with
Section 287.087, Florida Statutes. This requirement affects all public entities of
the State and becomes effective January 1, 1991. The special condition is as
follows:
IDENTICAL TIE BIDS . Preference may be given to businesses with drug -free
workplace programs. Whenever two or more bids that are equal with respect to
price, quality, and service are received by the State or by any political subdivision
for the procurement of commodities or contractual services, a bid received from a
business that certifies that it has implemented a drug -free workplace program
shall be given preference in the award process. Established procedures for
processing tie bids will be followed if none of the tied vendors have a drug -free
workplace program. In order to have a drug -free workplace program, a business
shall:
29. Publish a statement notifying employees that the unlawful manufacture,
distribution, dispensing, possession, or use of a controlled substance is
prohibited in the workplace and specifying the actions that will be taken
against employees for violations of such prohibition.
30. Inform employees about the dangers of drug abuse in the workplace, the
business's policy of maintaining a drug -free workplace, any available drug
counseling, rehabilitation, and employee assistance programs, and the
penalties that may be imposed upon employees for drug abuse violations.
31. Give each employee engaged in providing the commodities or contractual
services that are under bid a copy of the statement specified in subsection
0).
32. In the statement specified in subsection (1), notify the employees that, as
a condition of working on the commodities or contractual services that are
under bid, the employee will abide by the terms of the statement and will
notify the employer of any conviction of, or plea of guilty or nolo contend
ere to, any violation of chapter 893 or of any controlled substance law of
the United States or any state, for a violation occurring in the workplace no
later that five (5) days after each conviction.
33. Impose a section on, or require the satisfactory participation in a drug
abuse assistance or rehabilitation program if such is available in the
— oftror's Qualftakin &atemant
City Tamarac
— Purchasing & Contract Division
employee's community, by any employee who is so convicted.
34. Make a good faith effort to continue to maintain a drug -free workplace
thr h implementation of this section. As the person authorized to sign
tement, I certi that this form complies fully with the above
rnrng%#i#& 14,
CEO
Jeff Ellis Management, LLC.
Company Name
— Oftroes Qualftation statement
Purchasing and
Contracts Division ADDENDUM NO. 2
RFP NO. 05-13R
SWIMMING POOL MANAGEMENT SERVICES FOR THE CAPORELLA AQUATIC
CENTER
DATE OF ADDENDUM: JUNE 29, 2005
TO RFP SUBMITTERS:
The following clarifications, changes, additions and/or deletions are hereby made part of
the Contract Documents for RFP 05-13R, SWIMMING POOL MANAGEMENT SERVICES
FOR THE CAPORELLA AQUATIC CENTER.
1. The play pool structure volume is 24,240 gallons with a bathing load of 52.
2. The City will accept corporate tax returns for the past three (3) years in lieu of CPA
audited financial statements if not available from your firm.
All other terms, conditions and specifications remain unchanged for RFP No. 05-13R.
This Addendum No. 2 should be signed and returned with your Proposal and/or
acknowledge receipt of this Addendum No. 2 within your Proposal.
Jeff Ellis Management, LLC.
NAME OF FIRM:
7525 NW 88th Avenue z Tamarac, Florida 33321-2401 N (954) 724-2450 W Fax (954) 724-2408 a www.tamorac.org
Equal Opportunity Employer
it jjr
ma- . . ,
Gi&. �10411:11
J111 1111S
AUUAiIC MANAGEMENT
JEFF ELLIS & ASSOCIATES, INC.
"INTERNATIONAL AQUATIC SAFETY, OPERATIONAL AND RISK
MANAGEMENT CONSULTANTS"
AQUATIC FACILITY
MANAGEMENT
TECHNICAL PROPOSAL
PREPARED FOR
City of Tamarac
7525 NW 88h Avenue — Room 108
Tamarac, Florida 33321-2401
JiAy 2nd, 2005
Aquatic Facility Management Technical Proposal
CITY OF TAMARAC, FLORIDA
PROPOSAL OBJECTIVE
. . . ..... .. ......
. .............................
jeff Ellis & Assod"Ites, Inc., a Texas Corporation, dba jeff Ellis Nlanageinent, LLG, a Florida
Limited Liability Corporation and hereinafter referred to as 'jFT\4", desires to render professional
aquatic facility management services to provide aquatic safety, operational, program and risk
management services for the Caporella Aquatic Center owned by the City of Tamarac, Florida,
hereinafter referred to as "Tamarac". Accordingly, "JEM" submits this technical aquatic facility
management proposal for the consideration of officials representing "Tamarac".
SCOPE AND TERM OF SERVICES
",JE1\1" proposes to provide "Tamarac" with the following professional services for
operation of its aquatic facilities that include a leisure aquatic facility complex %ith lap
swimming pooL activity pool and waterslides. located in Tamarac, Broward County,
Florida commencing on or about January 1 s', 2006 and terminating on December 31 st,
2007:
Aquatic Facility Management
The "JENP and "Ellis" brand names are synonymous with aquatic safety and remain our
primary professional focus. Our aquatic facility management chents possess stellar
safety records that remain unmatched by any other service provider. We take pride in
noting that no JEMrm client has ever experienced a catastrophic or drowning accident
and remain the only national service provider that can factually make such a claim.
The "state-of-the-art" aquatic management system developed by ",JENP 'incorporates
five (5) integrated components exclusively designed to assure consistency and maintain
the highest operating standards available in the industry for its clients.
PREPARED FOR CITY OF TAMARAC, FLORIDA 2
We take pride in providing exceptional training for all of our professional lifeguard,
swimming instructor, supervisor, and manager employees who will be assigned to
effectively and safely operate the Caporella Aquatic Center owned by "Tamarac" for
the term of the service agreement as follows:
1. "JENI" professionally trains and credentials all employees to satisfy regulatory
requirements for both state and local health departments.
2. All ".jE1\1" employees are licensed and expected to adhere to the published
national standards set forth by Jeff Ellis & Associates, Inc. and the National
Pool & V'aterpark 1.1feguard'I'mining PrograrnTM.
3. All EIA" employees receive site -specific training to provide efficient operation
of the Caporella Aquatic Center.
It is noted that the standards developed and practiced by,jeff Ellis & Associates, Inc.
and Jeff Ellis Management, LIA' _ continue to lead the industry for aquatic safety and risk
management. Most aquatic professionals, including our competitors, generally recognize
E&A(R) for revolutionizing aquatic safety and maintaining a twenty-three year safety
record that remains unmatched by any other national service provider.
"JENI" has a proven record of accomplishment for providing quality, efficient,
econornical, and customer friendly aquatic facility management on a regional, national,
and international stage. "JEIA" manages both public and private aquatic facilities
including ocean beachfronts with more than six hundred employees worldwide. Our
reference list contains well known and prestigious clients including all Walt Disney
Company resorts and cruise ships (1989 to present), Atlantis Resort and Casino, and
Bahamas (1998 to present) as well as local facilities Like Broward County Parks (1994 to
ptesent), Sunrise (1999 to present) and Hallandale Beach (2003 to present). We invite,
encourage, and recommend that you contact any of our client representatives for
additional reference information concerning the consistent quality of our professional
aquatic facility management services.
Additionally, our employees receive guest relations and basic leadership training uniquely
designed to enhance customer service for those whofrequent aquatic facilities operated
by our firrm The customer service and leadership training provided to all "JENI"
employees is modeled after the successful training curriculum we utilize for our Disney
operations that annually trains 2000. lifeguards to service Walt Disney World and other
Disney aquatic facilities located throughout the world. We have continually serviced the
Disney organization since 1989 and submit that our long term history with this leading
entertainment company attests to our consistent service delivery.
Aquatic Safety and Risk Management Services
Since beginning service to the aquatic industry in 1983, Jeff Ellis &Associates, Inc. has
gained the reputation for becoming the most prestigious and innovative leader for
PREPARED FOR CITY OF TAMARAC, FLORIDA 3
developing aquatic safety and risk management technology throughout the world.
Industry trade associations, aquatic professionals and even our competitors agree that
the "state-of-the-art" technology developed by our company has completely
revolutionized aquatic safety and risk management throughout the international aquatic
community. Todaywe train and license more then 40,000 lifeguards annually, service
more then 800 public swimming pools and continue to be retained by more then 90% of
the world's waterpark aquatic facilities. In 2004, over 43 million swimmers frequented
an aquatic facility that utilizes E&A8 aquatic safety and risk management services
without experiencing a drowning or catastrophic incident. We remain the only national
aquatic service provider with mandatory accountability standards that continue to
maintain our unmatched safety achievements.
Accordingly, you may be assured that the Caporella Aquatic Center owned by
"Tamarac" will be managed with the highest degree of operating safety available to the
industry. Specifically, this service provides for five (5) unannounced and random aquatic
safety operational audits on an annual basis (for the term of the service agreement). Said
audits will include video surveillance, technical skill evaluations, simulated emergency
drifis and vigilance awareness testing (VAT) for randomly selected lifeguards. These
aquatic safety operational audits remain the cornerstone of our accountability program
and help to distinguish the Ellis brand name from all other competitors.
Aquatic Instructional Program Services
1\1" is equipped to provide professionalaquatic instructional programs for the
Caporella Aquatic Center owned by "Tamarac" as follows:
Swimming Lessons — "JEM" utilizes thejeff Ellis Swimming"" comprehensive
swimming program developed in 1994, The program features four (4) levels of
instruction including pre-school/parent, beginner, intermediate and advanced classes.
Ibis flexible program offers ideal teaching ratios in an economical and fun way to teach
swimming. The innovative teaching techniques used by JESTm instructors accelerate
learning and maximize individual success.
PREPARED FOR CITY OF TAMARAC, FLORIDA 4
"If,IM" will identify and develop strategic business relationships with local aquatic
program provider; to offer outsource instructional activities that may include
competitive swimtriing/diving, aquatic exercise, SCUBA, synchronized swinuning, and
water therapy instruction. The scope of outsource aquatic programs offered will be
based upon local community needs of Tamarac citizens.
"JENF will identify local outsource providers to schedule, market, and conduct aquatic
instructional program services based upon the specific needs of the Tamarac
community. Modeled after our successful aquatic program marketing and operating
plan for the Fox Valley Park District in Illinois, the process affords sufficient flexibility
to identify local resources to provide expertise that leads to consistent and quality service
delivery for those who frequent the Caporella Aquatic Center.
"JENT will seek counsel from Louise Priest, E&A TM Media Director and Tom
Merriman, outside marketing consultant on retainer to Jeff Ellis & As'sociates, Inc., to
provide additional logistical support for marketing aquatic instructional programs on an
as needed basis and at no additional charge to the City of Tamarac.
Implementation Schedule
Because "j ENV currently maintains a local office to support its Hallandale Beach facility
management and Southern Florida client operations, we are uniquely positioned to
complete training and employ personnel to operate the Caporella Aquatic Center within
fifteen days of ngtigG fiMm the City of T=Ml;. It is noted that we maintain a
supplemental staffing roster largely comprised of seasonal lifeguards from Broward
County (aquatic facilities close in September) who desire to work for our firm during the
off season. Some of these individuals are immediately available to engage in our
customer service and basic leadership training components prior to receiving
employment appointments to service the Caporella Aquatic Center. Our Disney
operations office will provide additional logistical support to address opening issues for
this new aquatic facility.
PREPARED FOR CITY OF TAMARAC, FLORIDA
SERVICE PROPOSAL FEE SCHEDULE DETAIL
Assuniptions and Operating Criteria
'IF-M" submits the following service proposal fee schedule to "Tamarac" based upon assumption
of the following facts and operating criteria:
1. Labor
This proposed labor fee schedule is based upon the successful model that
"JENI" uses for the City of Hallandale Beach aquatic management operations.
It was modified to include the operating days/hours set forth in Section "C" of
the Tamarac RFP and reflects a practical, economical, and realistic staffing plan
to operate the Caporella Aquatic Center.
Said staffing plan provides for an aquatic facility manager and/or aquatic
supervisor and three (3) lifeguards to be "on -duty" at the premises of the
Caporclla Aquatic Center at all times the facility is open for swimming activities.
Pursuant to our review of the Caporella Aquatic Center plans submitted with
the Tamarac RFP, we determined that a minimum of three (3) "on -duty"
lifeguards are required to comply with our "10/20 Second Protection Rule"
operating standard of care. Additional lifeguards (a minimum of three (3)
lifeguards) are also required to operate the children's attraction in the a tivity
pool and the waterslides as set forth below.
Additionally, the staffing plan provides for three (3) auxiliary lifeguards to
operate/supervise the children's activity pool attraction and waterslides for five
(5) hours (between 1:00 PM and 6:00 PN� daily.
Staff Labor Budget Item Description
Year 1
Year 2
Total
Management Salaries (Exempt) Manager - Caporella Aquatic Center
$42,000
$46,400
$88,400
Management Salaries (Exempt)
_S�ryisory — C!poreUa ASuatic Center
$32,000
$35,000
$67,000
Salaries (Non -Exempt) (Lap Swimming Pool)*
_Lfmards - Caporella Aquatic Center 9AM — 6 PM
$98,280
$108,108
$206,388
Salaries (Non -Exempt) (Waterslides, Children's Activity Pool)*
_LfT.uar& — Caporella Aquatic Center I I'M — 6 PM
$54,750
$60,225
$114,975
Subtotal Labor
$227�030
S249,,33
5476,763
Workers'Compensation/1-lealth Care
$23,000
$26,300
$49,300
FICA, Taxes
$56,757
$62,433
$119,190
LLa!!joll Total
$306,787
$338,466
$645,B3
M -1 able. 3 enyce llroposal.V�es based upon a txvzyear a
,gmement.
* - The hourly pay range for,JE��1111 lifeguards is $8 to $10 Pursuant to training credentials, performance
evaluations and experience,
PREPARED FOR CITY OF TAMARAC, FLORIDA 6
We designed the proposed labor fee and staffing plan to comply with requirements set
forth in the Tamarac RFP. However, based upon our experience with similar aquatic
facilities operated in Southern Florida for the past twenty years we believe the current
RFP requirements deviate significantly from traditional operating practices and welcome
the opportunity to discuss the overall aquatic facility operating plan prior to executing a
final service agreement.
2. Operating Expenses
The proposed operating expense fee schedule is based upon the successful model that
"JE1*,X' uses for the City of Hallandale Beach aquatic management operations. It was
modified to include the operating days/hours set forth in Section "C" of the Tamarac
RFP and reflects a practical, econotnical, and realistic budget plan to operate the
Caporella Aquatic Center.
Operating Expense Budget Item Description
Year I
Year 2
Total
Swimming Pool Sanitation (Chemicals) @ $1500 per month
$18,000
$18,000
$36,000
Swirnming Pool Sanitation (Water Testing Mt , Testing Supplies and
Vacuum Supplie!�
$300
$300
$600
-
Aquatic Facility Premises (Cleaning Supplies, Soap, Paper and Toiletry items)
@ $200 per month
$2,400
$2,400
$4,800
I
Aquatic Facility Administrative Support (Office Supplies) @ $100 per month
$1,200
$1,200
$2,400
Aquatic Facility Logistical Support (First Aid Supplies) @ $50 per month
$600
$600
$1,200
Aquatic programs Logistical Support (Training Supplies) @ $50 per month
$600
$600
$1,200
Aquatic Facility In -Service Training Support (Training Supplies) @ $50 per
month
$600
$600
$1,200
I
Staff Uniforms @ $195 per employee (Estimated 20 employees annually.)
$3,900
$3,900
$7,800
JEMrm Management Fee @ $3000 per month*
1 $36,000
$36,000
$72,000
Operating Expense Total
$63,W
$63,6W
$U7.200
0 Table: Sermce Pmposal Fees based upon a hvo:year amgexent
JEMTM offers to waive its annual management fee (in a similar way said fee is waived for the City of
Hallandale Beach) for operating the CaporeUg Aquatic Center should the City of Tamarac desire to negotiate a
revenue sharing agreement foradmission and aquatic program fees obtained during the term of the service
agreement. Accordingly, we welcome the opportunity to explore this possibility believing it would be mutually
bcaeficialto both parties of the management service agreement. Said monthly management fee includes cost
recovery for general liability insurance requirements set forth in the Tamarac RFP.
It is noted that "JEM" shall provide the Caporella Aquatic Center with the following emergency care
equipment at no additional cost to the City of Tamarac for participation in the overall aquatic safety
and risk management afforded by Jeff Ellis and Associates, Inc.!
Item Descri tion
Quantity
Unit Cost.
Total Cost to Client
Automated Electronic Defibrillator (AED) Unit
@ $2500
Provided at no
additional charge
PREPARED FOR CITY OF TAMARAC, FLORIDA 7
AED Trainer Unit
1
@ $400 —
Provided at no
additional charge
Supplemental Oxygen Support Unit
2
@ $300
Provided at no
additional charge
Bag Valve Masks (Adult, Child, Infant)
12
@ $20
Provided at no
additional charge
Motorola two-way Radio
8
@ $450
Provided at no
additional charge
Cj — Spinal Backboard. with head immobilization
2
@ $400
Provided -at no
additional charge
Water Safety Products — Rescue Tube
20
@ $40
Provided at no
additional charge
Life jacket (US Coast Guard Approved PFD's for
40
@ $30
Provided —at no7
Children and Infants)
additional charge
I c at
The cost for the in -kind equipment identified above is valued at $10,140 and provided at no
additional charge to the City of Tarnmc.
3. Total Budget Fee Proposal
The proposed operating expense fee schedule is based upon the successful model that
"JEM" uses for the City of Hallandale Beach aquatic management operations. It was
modified to include the operating days/hours set forth in Section "C" of the Tamarac
RFP and reflects a practical, economical, and realistic budget plan to operate the
Caporella Aquatic Center.
0 1 a0le., 3 emee Proposal Pees based upon a twoyear agreement.
PREPARED FOR CITY OF TAMARAC, FLORIDA 8
My of Tamarac, porcha'sing & GonInm"Is Division
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0 . . . . ... .... ....
Temp. Reso. #10850
AGREEMENT Exhibit 4
BETWEEN THE CITY OF TAMARAC
AND
JEFF ELLIS MANAGEMENT, LLC
THIS AGREEMENT is made and entered into this JL�- day of.DCjC&MbC/
1 2005 by and between the City of Tamarac, a municipal corporation with
principal offices located at 7525 N.W. 88th Ave., Tamarac, FL 33321 (the "CITY")
andJeff Ellis Management, LLC, a Florida Limited Liability corporation with principal
offices located at 508 Goldenmoss Loop, Ocoee, Florida 34761, (the "Contractor") to
provide for Swimming Pool Management Services at the Caporella Aquatic Center,
5300 NW 58 th Ave., Tamarac, Florida.
Now therefore, in consideration of the mutual covenants hereinafter set forth, the
City and Contractor agree as follows:
1)
2)
The Contract Documents
The Contract Documents consist of this Agreement, Proposal Document No. 05-
13R, "Swimming Pool Management Services", including all conditions therein,
(General Terms and Conditions, Special Conditions and/or Special Provisions),
drawings, Technical Specifications, all addenda, the Contractor's bid/proposal
included herein, and all modifications issued after execution of this Agreement. In
addition, a Schedule of Payments is included as part of this agreement attached
as Exhibit A. These contract documents form the Agreement, and all are as fully
a part of the Agreement as if attached to this Agreement or repeated therein. In
the event that there is a conflict between the RFP 05-13R as issued by the City,
and the Contractor's Proposal, RFP 05-13R as issued by the City shall take
precedence over the Contractor's Proposal. Furthermore, in the event of a
conflict between this document and any other contract documents, this
Agreement shall prevail.
The Work
2.1 The Contractor shall perform all work for the City required by the contract
documents as set forth below:
2.1.1 Contractor shall furnish all labor, materials, and equipment
necessary to provide Swimming Pool Management Services for the
Caporella Aquatic Center located at 9300 NW 58 1h Ave., Tamarac,
Florida.
2.1.2 Contractor shall provide a lifeguard staff with minimum age of 16
years old.
Cily of Taroarac Purchasing & ("Ontract's, Divislcm
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0 ... ....... ___ ............................. ............. ........ . .... . ....................... ............. ..........................
2.1.3 Contractor shall supervise the work force to ensure that all workers
conduct themselves and perform their work in a safe and
professional manner. Contractor shall comply with all OSHA safety
rules and regulations in the operation of equipment and in the
performance of the work. Contractor shall at all times have a
competent field supervisor on the job site to enforce these policies
and procedures at the Contractor's expense.
2.1.4 Contractor shall provide the City with seventy-two (72) hours written
notice prior to the beginning of work under this Agreement and prior
to any schedule change with the exception of changes caused by
inclement weather.
2.1.5 Contractor shall comply with any and all Federal, State, and local
laws and regulations now in effect, or hereinafter enacted during
the term of this Agreement, which are applicable to the Contractor,
its employees, agents or subcontractors, if any, with respect to the
work and services described herein.
3) Insurance
3.1 Contractor shall obtain at Contractor's expense all necessary insurance in
such form and amount as specified in the original bid document or as
required by the City's Risk and Safety Manager before beginning work
under this Agreement including, but not limited to, Workers'
Compensation, Commercial General Liability, and all other insurance as
required by the City, including Professional Liability when appropriate.
Contractor shall maintain such insurance in full force and effect during the
life of this Agreement. Contractor shall provide to the City's Risk and
Safety Manager certificates of all insurances required under this section
prior to beginning any work under this Agreement. The Contractor will
ensure that all subcontractors comply with the above guidelines and will
retain all necessary insurance in force throughout the term of this
agreement.
3.2 Contractor shall indemnify and hold the City harmless for any damages
resulting from failure of the Contractor to take out and maintain such
insurance. Contractor's Liability Insurance policies shall be endorsed to
add the City as an additional insured. Contractor shall be responsible for
payment of all deductibles and self-insurance retentions on Contractor's
Liability Insurance policies.
4) Contract Term
4.1 The Agreement shall commence upon delivery of Notice To Proceed to
the Contractor by the City, and shall be in place for a period of two (2)
years.
2
of Tamarac 1, purchasin't-4 & ccw?h'acls Division
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4.2 The City shall reserve the right to renew at the same terms, conditions and
pricing as the original Agreement for subsequent renewal periods of two
(2) years each at the discretion of the City.
5) Consideration
5.1 In consideration of the Contractor's Services provided to the City, the City
agrees to pay the Contractor an Operational Fee, and a percentage of
operating revenues in accordance with the provisions of the attached
"Schedule of Payments" included herein as Exhibit A.
5.1.1 Annual Operational Fee: The City shall pay to the Contractor an
operational fee not to exceed Three Hundred Thousand, Two
Hundred and Twenty -Seven Dollars and no Cents ($350,227.00) in
accordance with the "Schedule of Payments" included herein as
Exhibit A.
5.1.2 Annual Management Fee: In addition to the Annual Operational
Fee, upon opening of the facility, the City agrees to pay the
Contractor Management Fee, which shall be in the form of shared
revenues with the Contractor, based on the following requirements,
in accordance with Exhibit A:
5.1-2.1 Gate Revenues: The City shall pay to the Contractor, a
sum equaling 50% of all gate revenues related to the
swimming pool facility as defined in the "Schedule of
Payments" included herein as Exhibit A. The additional
50% of revenues shall be retained by the City.
5.1-2.2 Class/Program Revenues: The City shall pay to the
Contractor a sum equaling 80% of all class/program
revenues as defined in the "Schedule of Payments"
included herein as Exhibit A. The additional 20% of
revenues shall be retained by the City.
5.1-2.3 The Contractor shall be entitled to minimum guaranteed
annual revenue of $36,000. In the event that the annual
aggregate revenues in paragraphs 5.1.1 and 5.1.2 of this
Agreement dispersed to the Contractor total less than
$36, 000 at the end of the contract year, the City shall
make a lump sum payment to the Contractor, which
reflects the difference between $36,000 and the actual
total of aggregate revenues dispersed. Such lump sum
payment shall be made in arrears.
3
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5.1.3 Cost to do Business: In consideration of an increase in the
workman's compensation insurance cost to the Contractor, the City
will increase the agreement in year two (2) in accordance with
actual cost in an amount not to exceed $10,000.00 under the
following conditions:
5.1-3.1 In the event Contractor experiences an increase in the
cost to workman's compensation insurance, the
Contractor must provide City with sufficient
documentation to validate the claim.
5.1-3.2 City will increase amount of agreement by "actual" cost to
the Contractor. Under no condition, will any amount of
profit to the Contractor be included in this increase,
5.1.4 After Hours Facility Use By City: If the City schedules to use the
pool facility during the established operating hours for a special
program or activity, the City shall provide the Contractor a minimum
of seven (7) days notice and compensate the Contractor as follows:
5.1-4.1 City shall compensate the Contractor at a rate of $25.00
per hour + actual labor costs.
5.1-4.2 Contractor will determine amount of lifeguards needed
based on size and scope of program.
6) Payments
Payment by the City will be made to the Contractor on a monthly basis in arrears,
upon receipt of a detailed, accurate invoice from the Contractor, in accordance
with the provisions of Section 5 "Consideration" of this agreement. All payments
shall be dispersed prior to the 1 oth day of each month.
All payments shall be governed by the Florida Prompt Payment Act, F.S., Part
VI 1, Chapter 218
7) Indemnification
7.1 GENERAL INDEMNIFICATION: Contractor shall, in addition to any other
obligation to indemnify the City and to the fullest extent permitted by law,
protect, defend, indemnify and hold harmless the City, it's agents, elected
officials and employees from and against all claims, actions, liabilities,
losses (including economic losses), damages and costs arising out of any
actual or alleged: a). Bodily injury, sickness, disease or death, or injury to
or destruction of tangible property including the loss of use resulting there
from, or any other damage or loss arising out of or resulting, or claimed to
have resulted in whole or in part from any actual or alleged act or omission
of the Contractor, any sub -Contractor, anyone directly or indirectly
4
ot Tzimarac PurchashT & Contracis Djwsion
111-1111 ... "I'll��,�ll.�.111,�'ll'..,.,.,I ... . ................. — ------ - --------------- -------- .............. ------ , --------- ------------ — - - -- - ----------- -------------------------------- ,
employed by any of them, or anyone for whose acts any of them may be
liable in the performance of the Work; or b). violation of law, statute,
ordinance, governmental administration order, rule, regulation, or
infringement of patent rights by Contractor in the performance of the Work;
or c). liens, claims or actions made by the Contractor or any sub-
contractor under workers compensation acts; disability benefit acts, other
employee benefit acts or any statutory bar. Any and all cost and
expenses, including attorney's fees, incurred by the City to enforce this
agreement shall be the responsibility of the Contractor.
7.2 Upon completion of all Services, obligations and duties provided for in this
Agreement, or in the event of termination of this Agreement for any
reason, the terms and conditions of this Article shall survive indefinitely.
7.3 The Contractor shall pay all claims, losses, liens, settlements or
judgments of any nature whatsoever in connection with the foregoing
indemnifications including, but not limited to, reasonable attorney's fees
(including appellate attorney's fees) and costs.
7.4 City reserves the right to select its own legal counsel to conduct any
defense in any such proceeding and all costs and fees associated
therewith shall be the responsibility of Contractor under the
indemnification agreement. Nothing contained herein is intended nor shall
it be construed to waive City's rights and immunities under the common
law or Florida Statute 768.28 as amended from time to time.
8) Remedies
8.1 Damages: The City reserves the right to recover any ascertainable actual
damages incurred as a result of the failure of the Contractor to perform in
accordance with the requirements of this Agreement, or for losses
sustained by the City resultant from the Contractor's failure to perform in
accordance with the requirements of this Agreement.
8.2 Correction of Work: If, in the judgment of the City, work provided by the
Contractor does not conform to the requirements of this Agreement, or if
the work exhibits poor workmanship, the City reserves the right to require
that the Contractor correct all deficiencies in the work to bring the work into
conformance without additional cost to the City, and / or replace any
personnel who fail to perform in accordance with the requirements of this
Agreement. The City shall be the sole judge of non-conformance and the
quality of workmanship.
9) Change Orders
Without invalidating the contract, without any monetary compensation, and
without notice to any surety, the City reserves and shall have the right to make
increases, decreases or other changes to the work as may be considered
necessary or desirable to complete the proposed engagement in a satisfactory
5
("ity cd T"wr"'irac PW-(.J1J,1H7C & Cootra�,-,ts Division
. .. . ........... ............ ... J
-- 1-111-111111.11111.1"..., - --- ------- ---------- - - ------ . . ... . ....................... 1-11 . ............ . I.., ----------- ........ . ....... ..... - . ....... ................ I ------ - --------------- ---- - — ---------------- --- ---- - - -
manner. The Contractor shall not start work pursuant to a change order until the
change order setting forth the adjustments is approved by the City, and executed
by the City and Contractor. Once the change order is so approved, the
Contractor shall promptly proceed with the work.
The Contract Price constitutes the total compensation (subject to authorized
adjustments, if applicable) payable to the Contractor for performing the work. All
duties, responsibilities and obligations assigned to or undertaken by the
Contractor shall be at Contractor's expense without change in the Contract Price
or Time except as approved in writing by the City.
The Contract Price and/or Time may only be changed by a Change Order, A fully
executed change order for any additional duties must exist before such
extra duties are initiated. Any claim for an increase or decrease in the Contract
Price shall be based on written notice delivered by the party making the claim to
the other party promptly (but in no event later than 15 days) after the occurrence
of the event giving rise to the claim and stating the general nature of the claim.
The amount of the claim with supporting data shall be delivered (unless the City
allows an additional period of time to ascertain more accurate data in support of
the claim) and shall be accompanied by claimant's written statement that the
amount claimed covers all known amounts to which the claimant is entitled as a
result of the occurrence of said event. No claim for an adjustment in the Contract
Price will be valid if not submitted in accordance with this Paragraph.
In the event satisfactory adjustment cannot be reached by the City and the
Contractor for any item requiring a change in the contract, and a change order
has not been issued, the City reserves the right at its sole option to terminate the
contract as it applies to these items in question and make such arrangements as
the City deems necessary to complete the work. The cost of any work covered by
a change order for an increase or decrease in the contract price shall be
determined by mutual acceptance of a Guaranteed Maximum Price by the City
and Contractor. If notice of any change in the contract or contract time is required
to be given to a surety by the provisions of the bond, the giving of such notice
shall be the Contractor's responsibility, and the amount of each applicable bond
shall be adjusted accordingly. The Contractor shall furnish proof of such
adjustment to the City. Failure of the Contractor to obtain such approval from the
Surety may be a basis for termination of this Contract by the City.
10) Non-D iscrim i nation & Equal Opportunity Employment
Contractor agrees not to discriminate against any employee or applicant for
employment because of race, religion, color, gender, national origin, sex, age,
marital status, political affiliation, familial status, sexual orientation, or disability if
qualified. The successful Offeror will take affirmative action to ensure that
employees are treated during employment, without regard to their race, religion,
color, gender or national original, or disability. Such actions must include, but not
be limited to, the following: employment, promotion; demotion or transfer;
recruitment or recruitment advertising, layoff or termination; rates of pay or other
forms of compensation; and selection for training, including apprenticeship. The
101
of Purchasing & Cootri�kls Division
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successful Offeror(s) shall agree to post in conspicuous places, available to
employees and applicants for employment, notices to be provided by the
contracting officer setting forth the provisions of this nondiscrimination clause.
The successful Offeror further agrees that he/she will ensure that
Subcontractors, if any, will be made aware of and will comply with this
nondiscrimination clause.
11) Independent Contractor
This Agreement does not create an employee/employer relationship between the
Parties. It is the intent of the Parties that the Contractor is an independent
contractor under this Agreement and not the City's employee for any purposes,
including but not limited to, the application of the Fair Labor Standards Act
minimum wage and overtime payments, Federal Insurance Contribution Act, the
Social Security Act, the Federal Unemployment Tax Act, the provisions of the
Internal Revenue Code, the State Worker's Compensation Act, and the State
Unemployment Insurance law. The Contractor shall retain sole and absolute
discretion in the judgment of the manner and means of carrying out Contractor's
activities and responsibilities hereunder provided, further that administrative
procedures applicable to services rendered under this Agreement shall be those
of Contractor, which policies of Contractor shall not conflict with City, State, or
United States policies, rules or regulations relating to the use of Contractor's
funds provided for herein. The Contractor agrees that it is a separate and
independent enterprise from the City, that it had full opportunity to find other
business, that it has made its own investment in its business, and that it will
utilize a high level of skill necessary to perform the work. This Agreement shall
not be construed as creating any joint employment relationship between the
Contractor and the City and the City will not be liable for any obligation incurred
by Contractor, including but not limited to unpaid minimum wages and/or
overtime premiums.
12) Assignment and Subcontracting
Contractor shall not transfer or assign the performance required by this
Agreement without the prior consent of the City. This Agreement, or any portion
thereof, shall not be subcontracted without the prior written consent of the city.
13) Notice
Whenever either party desires or is required under this Agreement to give notice
to any other party, it must be given by written notice either delivered in person,
sent by U.S. Certified Mail, U.S. Express Mail, air or ground courier services, or by
messenger service, as follows:
CITY
City Manager
City of Tamarac
7525 N.W. 88th Avenue
Tamarac, FL 33321
VA
of
- --- ------------------ Purchasing & Conlrach, Divisp)n
......... .... ............. . .... - - - ------------------------ . .......... ......
With a copy to City Attorney at the following address:
Goren, Cherof, Doody & Ezrol, P.A.
3099 East Commercial Blvd., Suite 200
Ft. Lauderdale, FL 33308
CONTRACTOR
Jeffrey L. Ellis
Jeff Ellis Management, LLC
508 Goldenmoss LooD
Ocoee,FL 34761
14) Termination
14.1 Termination for Convenience: This Agreement may be terminated by
the City for convenience, upon sixty (60) days of written notice by the
terminating party to the other party for such termination in which event the
Contractor shall be paid its compensation for services performed to
termination date, including services reasonably related to termination. In
the event that the Contractor abandons this Agreement or causes it to be
terminated, Contractor shall indemnify the city against loss pertaining to
this termination.
14.2 Default by Contractor: In addition to all other remedies available to the
City, this Agreement shall be subject to cancellation by the City for cause,
should the Contractor neglect or fail to perform or observe any of the
terms, provisions, conditions, or requirements herein contained, if such
neglect or failure shall continue for a period of thirty (30) days after receipt
by Contractor of written notice of such neglect or failure.
15) Agreement Subject to Funding
This Agreement shall remain in full force and effect only as long as the
expenditures provided for in the Agreement have been appropriated by the City
Commission of the City of Tamarac in the annual budget for each fiscal year of
this Agreement, and is subject to termination based on lack of funding.
16) Venue
This Agreement shall be governed by the laws of the State of Florida as now and
hereafter in force. The venue for actions arising out of this agreement is fixed in
Broward County, Florida.
17) Signatory Authority
The Contractor shall provide the City with copies of requisite documentation
evidencing that the signatory for Contractor has the authority to enter into this
Agreement.
E;
of purdla""'mg & coobadi Divi'sion
----------- -- --- . . . .. . ...... ......... .... 11111-1--11.1- .............. .... --- —0, � . 1""1_1 --- 1111111.1.11.111.1- ............... .......... ............ ................ ...................... '""
18) Severability; Waiver of Provisions
Any provision in this Agreement that is prohibited or unenforceable in any
jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such
prohibition or unenforceability without invalidating the remaining provisions
hereof or affecting the validity or enforceability of such provisions in any other
jurisdiction, The non -enforcement of any provision by either party shall not
constitute a waiver of that provision nor shall it affect the enforceability of that
provision or of the remainder of this Agreement.
19) Merger; Amendment
This Agreement constitutes the entire Agreement between the Contractor and
the City, and negotiations and oral understandings between the parties are
merged herein. This Agreement can be supplemented and/or amended only by
a written document executed by both the Contractor and the City.
20) No Construction Against Drafting Party
Each party to this Agreement expressly recognizes that this Agreement results
from the negotiation process in which each party was represented by counsel
and contributed to the drafting of this Agreement. Given this fact, no legal or
other presumptions against the party drafting this Agreement concerning its
construction, interpretation or otherwise accrue to the benefit of any party to the
Agreement, and each party expressly waives the right to assert such a
presumption in any proceedings or disputes connected with, arising out of, or
involving this Agreement.
Remainder of Page Intentionally Blank
4
City of
& Gootr,�cts, Division
- ----------------------------------- -- -------- ---- - ............ ................ -.11.111 1--, 1 .. ...................... ..........................
IN WITNESS WHEREOF, the parties have made and executed this Agreement
on the respective dates under each signature. CITY OF TAMARAC, signing by and
through its Mayor and City Manager, and CONTRACTOR, signing by and through its
President/Owner duly authorized to execute same.
ATTEST:
City Clerk
lgjaolo!�-
Dr+e I
ATTEST:
Signature of Corporate Secretary
Elaine B. Cinelli
Printed Name of Corporate Secretary
li K
CITY OF TAMARAC
,,�',Schreiber, Mayor
Datd
Z.
leffrey L"Milrer, City Manager
u L2 d
I)-atd I
ApprcMed as to form jand legal sufficiency:
-SUMP61 S. Gorefi, Interim City Attorney
Date
JEFF ELLIS MANAGEMENT, LLC
agiq
CompanyX,
7n)rf President/Owner
Jeffrey L. Ellis
Printed Nape of President/Owner
- - 1112flejj--
Date/
City �,-V Tarnarw ParcIlasing & Contra(','ts Division
---------------------------------------------- . ........... I ---- - ---- — - - ------------------------ -.-I.I.I.....' ........... . ... ...... . . . . ... ... ............................................. . 1-1-1.1 1 .................................................. -
CORPORATE ACKNOWLEDGEMENT
STATE OF f1d fVdC,
t&l
CO U NTY OF 0 r4in!n -P--
C.-#
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 Jeffrey L. Ellis, 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 of4q-4±e--1—t bet ZJ , 20 04
—9CLW--A ��. C"L-
..... ...... ELW B. CMEW Signature of Notary Public
Public - Stale 0A Floftla
�( 1: *1 State of Florida at Large
SIP19,2=
# DID :D355944
QC4 ine
Print, Type or Stamp
Name of Notary Public
Ell' --personally known to me or
F-i Produced Identification
Type of I.D. Produced
H--� DID take an oath, or
r-1 DID NOT take an oath.
11
Exhibit A
PAYMENT SCHEDULE
Effective from the City designated notice to proceed date through
Agreement Term:
1.1 Operational Fee:
1.1.1 YearOne: Fixed monthly operational Fee:
$29,185.54/ month
1.1.2 YearTwo: Fixed monthly operational Fee:
$29,185.54 month x 11 months
1.1.3 Final Month of Agreement Term: $29,185.58
1,2 Management Fee:
1.2.1 Gate Revenue:
0 50% of gate revenue to be paid to Contractor.
0 50% of gate revenue to be retained by City.
1.2.2 Class/Program Revenue: **
0 80% of class/program revenue to be paid to
Contractor.
0 20% of class/program revenue to be retained by
City.
1.2.3 Minimum guarantee:
• Contractor shall receive minimum guaranteed
revenue of $36,000,
• If annual aggregate revenues dispersed to
Contractor are less than $36,000, City shall make a
1 -time lump sum payment to Contractor reflecting
difference between annual revenues dispersed,
and the $36,000 minimum guarantee. Such
payment shall be made in arrears after the
completion of each full year of the term of this
Agreement.
GateRevenue: Gate revenue is defined as monies
taken in by the City for general admission into the
pool. This includes individual and group entry fees,
as well as any pool membership fees collected.
Class/Program Revenue: Class/Program revenue
is defined as participant registration fees collected
by the City for instructional classes, swim lessons
and Contractor initiated special events, In addition,
this revenue includes reimbursement funds from
the Broward County Swim Central Program swim
lessons.
& coolfact"", Division
................................. --- ................................ ......... ........ . ......................... I ..................... (0 - --- - ---- ..... ............ ........... .................................... ... . ............................. -,— I ---------------
AGREEMENT
BETWEEN THE CITY OF TAMARAC
AND
JEFF ELLIS MANAGEMENT, LLC
THIS AGREEMENT is made and entered into this 1�_ day of Drj- ejyj - ey'
, 2005 by and between the City of Tamarac, a municipal corporatonr
principal offices located at 7525 N.W. 88th Ave., Tamarac, FL 33321 (the "CITY")
andJeff Ellis Management, LLC, a Florida Limited Liability corporation with principal
offices located at 508 Goldenmoss Loop, Ocoee, Florida 34761, (the "Contractor") to
provide for Swimming Pool Management Services at the Caporella Aquatic Center,
5300 NW 58 1h Ave., Tamarac, Florida.
Now therefore, in consideration of the mutual covenants hereinafter set forth, the
City and Contractor agree as follows:
1) The Contract Documents
The Contract Documents consist of this Agreement, Proposal Document No. 05-
13R, "Swimming Pool Management Services", including all conditions therein,
(General Terms and Conditions, Special Conditions and/or Special Provisions),
drawings, Technical Specifications, all addenda, the Contractor's bid/proposal
included herein, and all modifications iss ' ued after execution of this Agreement. In
addition, a Schedule of Payments is included as part of this agreement attached
as Exhibit A. These contract documents form the Agreement, and all are as fully
a part of the Agreement as if attached to this Agreement or repeated therein. In
the event that there is a conflict between the RFP 05-13R as issued by the City,
and the Contractor's Proposal, RFP 05-13R as issued by the City shall take
precedence over the Contractor's Proposal. Furthermore, in the event of a
conflict between this document and any other contract documents, this
Agreement shall prevail.
2) The Work
2.1 The Contractor shall perform all work for the City required by the contract
documents as set forth below:
2.1.1 Contractor shall furnish all labor, materials, and equipment
necessary to provide Swimming Pool Management Services for the
Caporella Aquatic Center located at 9300 NW 58 th Ave., Tamarac,
Florida.
2.1.2 Contractor shall provide a lifeguard staff with minimum age of 16
years old.
Gity of T""Nnat oc Purcha�,,ing & Contracls Divhsion
1-1.1.1111 . .. .................................. 1_ ............................................ ....................................... ... -- - - -------- 111111111 ........ ........................ . . . ...... ........... ........... ...... ...... ................................
2.1.3 Contractor shall supervise the work force to ensure that all workers
conduct themselves and perform their work in a safe and
professional manner. Contractor shall comply with all OSHA safety
rules and regulations in the operation of equipment and in the
performance of the work. Contractor shall at all times have a
competent field supervisor on the job site to enforce these policies
and procedures at the Contractor's expense.
2.1.4 Contractor shall provide the City with seventy-two (72) hours written
notice prior to the beginning of work under this Agreement and prior
to any schedule change with the exception of changes caused by
inclement weather.
2.1.5 Contractor shall comply with any and all Federal, State, and local
laws and regulations now in effect, or hereinafter enacted during
the term of this Agreement, which are applicable to the Contractor,
its employees, agents or subcontractors, if any, with respect to the
work and services described herein.
3) Insurance
3.1 Contractor shall obtain at Contractor's expense all necessary insurance in
such form and amount as specified in the original bid document or as
required by the City's Risk and Safety Manager before beginning work
under this Agreement including, but not limited to, Workers'
Compensation, Commercial General Liability, and all other insurance as
required by the City, including Professional Liability when appropriate.
Contractor shall maintain such insurance in full force and effect during the
life of this Agreement. Contractor shall provide to the City's Risk and
Safety Manager certificates of all insurances required under this section
prior to beginning any work under this Agreement. The Contractor will
ensure that all subcontractors comply with the above guidelines and will
retain all necessary insurance in force throughout the term of this
agreement.
3.2 Contractor shall indemnify and hold the City harmless for any damages
resulting from failure of the Contractor to take out and maintain such
insurance. Contractor's Liability Insurance policies shall be endorsed to
add the City as an additional insured. Contractor shall be responsible for
payment of all deductibles and self-insurance retentions on Contractor's
Liability Insurance policies.
4) Contract Term
4.1 The Agreement shall commence upon delivery of Notice To Proceed to
the Contractor by the City, and shall be in place for a period of two (2)
years.
2
of Purchasing & coafnacls Diviskw'�
.1 1 - I I I _ 1. 1 1 1..". 1. 1 ........................ .................... ...... .. ...... ......................................... ....... - - ----------------------------------------------- 1.111.111, ................................................
4.2 The City shall reserve the right to renew at the same terms, conditions and
pricing as the original Agreement for subsequent renewal periods of two
(2) years each at the discretion of the City.
5) Consideration
5.1 In consideration of the Contractor's Services provided to the City, the City
agrees to pay the Contractor an Operational Fee, and a percentage of
operating revenues in accordance with the provisions of the attached
"Schedule of Payments" included herein as Exhibit A.
5.1.1 Annual Operational Fee: The City shall pay to the Contractor an
operational fee not to exceed Three Hundred Thousand, Two
Hundred and Twenty -Seven Dollars and no Cents ($350,227.00) in
accordance with the "Schedule of Payments" included herein as
Exhibit A.
5.1.2 Annual Management Fee: In addition to the Annual Operational
Fee, upon opening of the facility, the City agrees to pay the
Contractor Management Fee, which shall be in the form of shared
revenues with the Contractor, based on the following requirements,
in accordance with Exhibit A:
5.1-2.1 Gate Revenues: The City shall pay to the Contractor, a
sum equaling 50% of all gate revenues related to the
swimming pool facility as defined in the "Schedule of
Payments" included herein as Exhibit A. The additional
50% of revenues shall be retained by the City.
5.1.2.2 Class/Program Revenues: The City shall pay to the
Contractor a sum equaling 80% of all class/program
revenues as defined in the "Schedule of Payments"
included herein as Exhibit A. The additional 20% of
revenues shall be retained by the City.
5.1-2.3 The Contractor shall be entitled to minimum guaranteed
annual revenue of $36,000. In the event that the annual
aggregate revenues in paragraphs 5.1.1 and 5.1 .2 of this
Agreement dispersed to the Contractor total less than
$36, 000 at the end of the contract year, the City shall
make a lump sum payment to the Contractor, which
reflects the difference between $36,000 and the actual
total of aggregate revenues dispersed. Such lump sum
payment shall be made in arrears.
K
of Tamarac Purchasing & Cootracis Division
I .... ................................. .... . ...... . ............................................. ............. ...................................... t . . ....................................... ............ ...... _ .. . ............................................... .... ,".111111 ...... ...............
5.1.3 Cost to do Business: In consideration of an increase in the
workman's compensation insurance cost to the Contractor, the City
will increase the agreement in year two (2) in accordance with
actual cost in an amount not to exceed $10,000.00 under the
following conditions:
5.1.3.1 In the event Contractor experiences an increase in the
cost to workman's compensation insurance, the
Contractor must provide City with sufficient
documentation to validate the claim.
5.1.3.2 City will increase amount of agreement by "actual" cost to
the Contractor. Under no condition, will any amount of
profit to the Contractor be included in this increase.
5.1.4 After Hours Facility Use By City: If the City schedules to use the
pool facility during the established operating hours for a special
program or activity, the City shall provide the Contractor a minimum
of seven (7) days notice and compensate the Contractor as follows:
5.1.4.1 City shall compensate the Contractor at a rate of $25.00
per hour + actual labor costs.
5.1-4.2 Contractor will determine amount of lifeguards needed
based on size and scope of program.
6) Payments
Payment by the City will be made to the Contractor on a monthly basis in arrears,
upon receipt of a detailed, accurate invoice from the Contractor, in accordance
with the provisions of Section 5 "Consideration" of this agreement. All payments
shall be dispersed prior to the 1 oth day of each month.
All payments shall be governed by the Florida Prompt Payment Act, F.S., Part
VII, Chapter 218
7) Indemnification
7.1 GENERAL INDEMNIFICATION: Contractor shall, in addition to any other
obligation to indemnify the City and to the fullest extent permitted by law,
protect, defend, indemnify and hold harmless the City, it's agents, elected
officials and employees from and against all claims, actions, liabilities,
losses (including economic losses), damages and costs arising out of any
actual or alleged: a). Bodily injury, sickness, disease or death, or injury to
or destruction of tangible property including the loss of use resulting there
from, or any other damage or loss arising out of or resulting, or claimed to
have resulted in whole or in part from any actual or alleged act or omission
of the Contractor, any sub -Contractor, anyone directly or indirectly
M
City (.V 7 & Cnotract's Divisic)n
.......................................... ............................................... ..... ... ................................ ........................... . . .... ............. 11 I I..., ...................................................
employed by any of them, or anyone for whose acts any of them may be
liable in the performance of the Work; or b). violation of law, statute,
ordinance, governmental administration order, rule, regulation, or
infringement of patent rights by Contractor in the performance of the Work;
or c). liens, claims or actions made by the Contractor or any sub-
contractor under workers compensation acts; disability benefit acts, other
employee benefit acts or any statutory bar. Any and all cost and
expenses, including attorney's fees, incurred by the City to enforce this
agreement shall be the responsibility of the Contractor.
7.2 Upon completion of all Services, obligations and duties provided for in this
Agreement, or in the event of termination of this Agreement for any
reason, the terms and conditions of this Article shall survive indefinitely.
7.3 The Contractor shall pay all claims, losses, liens, settlements or
judgments of any nature whatsoever in connection with the foregoing
indemnifications including, but not limited to, reasonable attorney's fees
(including appellate attorney's fees) and costs.
7.4 City reserves the right to select its own legal counsel to conduct any
defense in any such proceeding and all costs and fees associated
therewith shall be the responsibility of Contractor under the
indemnification agreement. Nothing contained herein is intended nor shall
it be construed to waive City's rights and immunities under the common
law or Florida Statute 768.28 as amended from time to time.
8) Remedies
8.1 Damages: The City reserves the right to recover any ascertainable actual
damages incurred as a result of the failure of the Contractor to perform in
accordance with the requirements of this Agreement, or for losses
sustained by the City resultant from the Contractor's failure to perform in
accordance with the requirements of this Agreement.
8.2 Correction of Work: If, in the judgment of the City, work provided by the
Contractor does not conform to the requirements of this Agreement, or if
the work exhibits poor workmanship, the City reserves the right to require
that the Contractor correct all deficiencies in the work to bring the work into
conformance without additional cost to the City, and / or replace any
personnel who fail to perform in accordance with the requirements of this
Agreement. The City shall be the sole judge of non-conformance and the
quality of workmanship.
9) Change Orders
Without invalidating the contract, without any monetary compensation, and
without notice to any surety, the City reserves and shall have the right to make
increases, decreases or other changes to the work as may be considered
necessary or desirable to complete the proposed engagement in a satisfactory
61
<.V farnalac Purchasing & Contracts Division
........................................ . . ... - ........................................ ............ ....... I-- ............................... ... .. .................. - -- ---------------------- --- ......................... ..................................... -- .......... I.." ...............
manner. The Contractor shall not start work pursuant to a change order until the
change order setting forth the adjustments is approved by the City, and executed
by the City and Contractor. Once the change order is so approved, the
Contractor shall promptly proceed with the work.
The Contract Price constitutes the total compensation (subject to authorized
adjustments, if applicable) payable to the Contractor for performing the work. All
duties, responsibilities and obligations assigned to or undertaken by the
Contractor shall be at Contractor's expense without change in the Contract Price
or Time except as approved in writing by the City.
The Contract Price and/or Time may only be changed by a Change Order. A fully
executed change order for any additional duties must exist before such
extra duties are initiated. Any claim for an increase or decrease in the Contract
Price shall be based on written notice delivered by the party making the claim to
the other party promptly (but in no event later than 15 days) after the occurrence
of the event giving rise to the claim and stating the general nature of the claim.
The amount of the claim with supporting data shall be delivered (unless the City
allows an additional period of time to ascertain more accurate data in support of
the claim) and shall be accompanied by claimant's written statement that the
amount claimed covers all known amounts to which the claimant is entitled as a
result of the occurrence of said event. No claim for an adjustment in the Contract
Price will be valid if not submitted in accordance with this Paragraph.
In the event satisfactory adjustment cannot be reached by the City and the
Contractor for any item requiring a change in the contract, and a change order
has not been issued, the City reserves the right at its sole option to terminate the
contract as it applies to these items in question and make such arrangements as
the City deems necessary to complete the work. The cost of any work covered by
a change order for an increase or decrease in the contract price shall be
determined by mutual acceptance of a Guaranteed Maximum Price by the City
and Contractor, If notice of any change in the contract or contract time is required
to be given to a surety by the provisions of the bond, the giving of such notice
shall be the Contractor's responsibility, and the amount of each applicable bond
shall be adjusted accordingly. The Contractor shall furnish proof of such
adjustment to the City. Failure of the Contractor to obtain such approval from the
Surety may be a basis for termination of this Contract by the City.
10) Non-Discrim i nation & Equal Opportunity Employment
Contractor agrees not to discriminate against any employee or applicant for
employment because of race, religion, color, gender, national origin, sex, age,
marital status, political affiliation, familial status, sexual orientation, or disability if
qualified. The successful Offeror will take affirmative action to ensure that
employees are treated during employment, without regard to their race, religion,
color, gender or national original, or disability. Such actions must include, but not
be limited to, the following: employment, promotion; demotion or transfer;
recruitment or recruitment advertising, layoff or termination; rates of pay or other
forms of compensation; and selection for training, including apprenticeship. The
Cify ol Tarnarac purchasil)g & Contracts Divhs,�On
...................................................... ............................................. ......................................................... I- er ----------- . . ......... . ................. .. ---, 111.11 ................................................ ..................
successful Offeror(s) shall agree to post in conspicuous places, available to
employees and applicants for employment, notices to be provided by the
contracting officer setting forth the provisions of this nondiscrimination clause.
The successful Offeror further agrees that he/she will ensure that
Subcontractors, if any, will be made aware of and will comply with this
nondiscrimination clause.
11) Independent Contractor
This Agreement does not create an employee/employer relationship between the
Parties. It is the intent of the Parties that the Contractor is an independent
contractor under this Agreement and not the City's employee for any purposes,
including but not limited to, the application of the Fair Labor Standards Act
minimum wage and overtime payments, Federal Insurance Contribution Act, the
Social Security Act, the Federal Unemployment Tax Act, the provisions of the
Internal Revenue Code, the State Worker's Compensation Act, and the State
Unemployment Insurance law. The Contractor shall retain sole and absolute
discretion in the judgment of the manner and means of carrying out Contractor's
activities and responsibilities hereunder provided, further that administrative
procedures applicable to services rendered under this Agreement shall be those
of Contractor, which policies of Contractor shall not conflict with City, State, or
United States policies, rules or regulations relating to the use of Contractor's
funds provided for herein. The Contractor agrees that it is a separate and
independent enterprise from the City, that it had full opportunity to find other
business, that it has made its own investment in its business, and that it will
utilize a high level of skill necessary to perform the work. This Agreement shall
not be construed as creating any joint employment relationship between the
Contractor and the City and the City will not be liable for any obligation incurred
by Contractor, including but not limited to unpaid minimum wages and/or
overtime premiums.
12) Assignment and Subcontracting
Contractor shall not transfer or assign the performance required by this
Agreement without the prior consent of the City. This Agreement, or any portion
thereof, shall not be subcontracted without the prior written consent of the city.
13) Notice
Whenever either party desires or is required under this Agreement to give notice
to any other party, it must be given by written notice either delivered in person,
sent by U.S. Certified Mail, U.S. Express Mail, air or ground courier services, or by
messenger service, as follows:
CITY
City Manager
City of Tamarac
7525 N.W. 88th Avenue
Tamarac, FL 33321
rA
Cily of Tarnar,.'�(,,
Purchash�g & Cordiach, Divh.;,ion
-- - ----------------- --------------- 111---1111.111 ------------ - -------- ----- - ---------------- ................. ..... ...................
With a copy to City Attorney at the following address:
Goren, Cherof, Doody & Ezrol, P.A.
3099 East Commercial Blvd., Suite 200
Ft. Lauderdale, FL 33308
CONTRACTOR
Jeffrey L. Ellis
Jeff Ellis Management, LLC
508 Goldenmoss Loop
Ocoee,FL 34761
14) Termination
14.1 Termination for Convenience: This Agreement may be terminated by
the City for convenience, upon sixty (60) days of written notice by the
terminating party to the other party for such termination in which event the
Contractor shall be paid its compensation for services performed to
termination date, including services reasonably related to termination. In
the event that the Contractor abandons this Agreement or causes it to be
terminated, Contractor shall indemnify the city against loss pertaining to
this termination.
14.2 Default by Contractor: In addition to all other remedies available to the
City, this Agreement shall be subject to cancellation by the City for cause,
should the Contractor neglect or fail to perform or observe any of the
terms, provisions, conditions, or requirements herein contained, if such
neglect or failure shall continue for a period of thirty (30) days after receipt
by Contractor of written notice of such neglect or failure.
15) Agreement Subject to Funding
This Agreement shall remain in full force and effect only as long as the
expenditures provided for in the Agreement have been appropriated by the City
Commission of the City of Tamarac in the annual budget for each fiscal year of
this Agreement, and is subject to termination based on lack of funding.
16) Venue
This Agreement shall be governed by the laws of the State of Florida as now and
hereafter in force. The venue for actions arising out of this agreement is fixed in
Broward County, Florida.
17) Signatory Authority
The Contractor shall provide the City with copies of requisite documentation
evidencing that the signatory for Contractor has the authority to enter into this
Agreement.
Cily of Tamarac PIV_07asing & Gonh,,�wh.",, Division
................................. I 1 11111-.1-1 - ........................................................ ........................................................ -- ------- - ----- ------------ ......................................................... ........ 1111.11.11 . .......................
18) Severability; Waiver of Provisions
Any provision in this Agreement that is prohibited or unenforceable in any
jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such
prohibition or unenforceability without invalidating the remaining provisions
hereof or affecting the validity or enforceability of such provisions in any other
jurisdiction. The non -enforcement of any provision by either party shall not
constitute a waiver of that provision nor shall it affect the enforceability of that
provision or of the remainder of this Agreement.
19) Merger; Amendment
This Agreement constitutes the entire Agreement between the Contractor and
the City, and negotiations and oral understandings between the parties are
merged herein. This Agreement can be supplemented and/or amended only by
a written document executed by both the Contractor and the City.
20) No Construction Against Drafting Party
Each party to this Agreement expressly recognizes that this Agreement results
from the negotiation process in which each party was represented by counsel
and contributed to the drafting of this Agreement. Given this fact, no legal or
other presumptions against the party drafting this Agreement concerning its
construction, interpretation or otherwise accrue to the benefit of any party to the
Agreement, and each party expressly waives the right to assert such a
presumption in any proceedings or disputes connected with, arising out of, or
involving this Agreement.
21) Uncontrollable Circumstances
a. Neither the City nor Contractor shall be considered to be in default of this
Agreement if delays in or failure of performance shall be due to
Uncontrollable Forces, the effect of which, by the exercise of reasonable
diligence, the non -performing party could not avoid. The term
"Uncontrollable Forces" shall mean any event which results in the
prevention or delay of performance by a party of its obligations under this
Agreement and which is beyond the reasonable control of the
nonperforming party. It includes, but is not limited to fire, flood, earthquakes,
storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and
governmental actions.
b. Neither party shall, however, be excused from performance if
nonperformance is due to forces, which are preventable, removable, or
remediable, and which the nonperforming party could have, with the
exercise of reasonable diligence, prevented, removed, or remedied with
reasonable dispatch. The nonperforming party shall, within a reasonable
time of being prevented or delayed from performance by an uncontrollable
force, give written notice to the other party describing the circumstances
Q*
of Tatriarat"', & Gonlri,�ds Divi!�k-)n
I..., ......................... .......... .... - ............. 11.1 ..... ...... ............................ . ............. ............... ...................................... --- I "..' ............................................. ----
and uncontrollable forces preventing continued performance of the
obligations of this Agreement.
c. In the event that the Aquatic Center facility is closed due to uncontrollable
forces as indicated in Section 21.a of this Agreement, the Contractor shall
not bill the City for the cost of hourly employees who are not working,
unless such employees have been tasked to complete maintenance at the
facility in an effort to restore the facility to operational status. Work provided
by managerial and supervisory personnel who are working regardless of
whether the facility is open, will continue to be compensated in a normal
manner as provided by this Agreement.
Remainder of Page Intentionally Blank
10
City ('V lamarac Purchasirig & Conlracts Divish.x?
.............................................................. ..................... ........ .............. ....... .. .... ..................... . .............. - ---------- - -- - ---- ----- ------------------------- ................ ................
IN WITNESS WHEREOF, the parties have made and executed this Agreement
on the respective dates under each signature. CITY OF TAMARAC, signing by and
through its Mayor and City Manager, and CONTRACTOR, signing by and through its
President/Owner duly authorized to execute same.
ATTEST:
Marion Swenson, CIVIC
City Clerk
i /,I 10( '0
ba-t6`
F-1111111=41
jj �Z. (� t"_a -
Signature of Corporate Secretary
Elaine B. Cinelli
Printed Name of Corporate Secretary
11
CITY OF TAMARAC
J�ie,$chreiber, Mayor
o'
Date t-
Jeffrey Vgiller",' City Manager
Lo
Date
Approved as to form and legal sufficiency:
Sa—M-04 S. Goren, Interim City Attorney
Date
JEFF ELLIS MANAGEMENT, LLC
y Name
11ofPr'esident/Owner
I
Jeffrey L. Ellis
Printed Name of President/Owner
Date
City (.")f Tiwiwoc & Canir�wts
................................................. . ................................................................. ............ . .....
t�- . . . . ........................... . . .................... ........................
CORPORATE ACKNOWLEDGEMENT
STATE OF aQCt d C'
:SS
COUNTY OF Of-64 nq
Q
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 Jeffrey L. Ellis, 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 of7?E-C-CnL6�-e?—j, 20A�—
... ... ELAINE B. CINELU
Signature of Notary Public
.�-A. Notary PutAIC - State of Fkxida
Tt
'OF Commission # M 35594:4
9
...Wcawnwn80%Sep19.2= State of Florida at Large
Bonded 9V Natkmal NokxyAm
M
5 JA
Etc, -ttle
Print, Type or Stamp
Name of Notary Public
E?,,- Personally known to me or
m Produced Identification
Type of I.D. Produced
19--� DID take an oath, or
F-1 DID NOT take an oath.
19