HomeMy WebLinkAboutCity of Tamarac Resolution R-2012-145Temp. Reso. #12283
November 26, 2012
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2012--1
RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO AWARD RFP 13-02R
AND EXECUTE AN AGREEMENT WITH JEFF ELLIS
MANAGEMENT, LLC, FOR SWIMMING POOL
MANAGEMENT SERVICES AT THE CAPORELLA AQUATIC
CENTER, FOR ATWO-YEAR CONTRACT; PROVIDING FOR
AN APPROPRIATION AND EXPENDITURE OF FUNDS FOR
THE MANAGEMENT SERVICES AT THE CAPORELLA
AQUATIC CENTER; 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, The Caporella Aquatic Center opened in the spring 2007 and has
become a very popular destination for residents and visitors alike; and
WHEREAS, the City published Request for Proposals RFP #13-02R for the
provision of Swimming Pool Management Services at the Caporella Aquatic Center,
attached hereto as "Exhibit 1 "; and
WHEREAS, the City examined responses from Aquatic Management Inc., Jeff
Ellis Management, and USA Pools, Inc.; and
rl
Temp. Reso. # 12283
November 26, 2012
Page 2
WHEREAS, the three above mentioned firms were requested to make formal
presentations to the RFP Selection and Evaluation Committee consisting of Director of
Parks and Recreation Greg Warner, Assistant Director of Parks and Recreation Linda
Probert, Community Services Manager Dania Maldonado, Safety Coordinator Vince
Bernd, Superintendent Bill Lewis, and Management and Budget Analyst Sherrilyn
Chess; and
WHEREAS, a copy of the ranking sheet is attached hereto as "Exhibit 2"; and
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, attached hereto as "Exhibit 4", for their services for a two-year contract,
with the right to renew for subsequent renewal periods of two (2) years each; and
WHEREAS, it is the recommendation of the 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
Temp. Reso. #12283
November 26, 2012
Page 3
Management, LLC, at a cost not to exceed $319,376.90 annually, with the right to renew
for subsequent renewal periods of two (2) years each; and
WHEREAS, the City Commission of the City of Tamarac, Florida, deems it to be in
the best interest of the citizens and residents of the City of Tamarac to award the contract
for the Swimming Pool Management Services at the Caporella Aquatic Center to Jeff Ellis
Management, LLC, for a two-year contract, at a cost not to exceed $319,376.90 annually,
with the right to renew for subsequent renewal periods of two (2) years each.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed
as being true and correct and are hereby made a specific part of this Resolution upon
adoption hereof. All exhibits attached hereto are hereby incorporated herein by this
reference.
SECTION 2: Jeff Ellis Management, LLC, is awarded the Request for Proposal for
Swimming Pool Management Services at the Caporella Aquatic Center, for a two-year
contract, at a cost not to exceed $319,376.90 annually, with the right to renew for
subsequent renewal periods of two (2) years each.
Temp. Reso. # 12283
November 26, 2012
Page 4
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: An appropriation for the expenditure of these funds will be included in a
budget amendment prior to November 30, 2013 pursuant to F.S. 166.241(2).
SECTION 5: All resolutions or parts of resolutions in conflict herewith are hereby
repealed to the extent of such conflict.
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.
Temp. Reso. #12283
November 26, 2012
Page 5
PASSED, ADOPTED AND APPROVED this /cZ day of , 2012.
BETH TALABIS
MAYOR
ATTEST:
lePATRICIA TEUFEL, CMC
INTERIM CITY CLERK
A
RECORD OF COMMISSION VOTE:
MAYOR TALABISCO �
DIST 1: COMM. BUSHNELL
DIST 2: V/M GOMEZ W-ly '
DIST 3: COMM. GLASSER
DIST 4: COMM. DRESSLER�
HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM
CITY ATTORNEY
PURCHASING AND
CONTRACTS DIVISION
Date: October 25, 2012
Temp. Reso. #12283
Exhibit 1
REQUEST FOR PROPOSALS
RFP 13-02R
ALL QUALIFIED PROPOSERS:
RFP NO. 13-02R
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 2:00pm local time, November 13, 2012,
CITY OF TAMARAC — SWIMMING POOL MANAGEMENT SERVICES
The City is soliciting proposals on behalf of the City of Tamarac Parks & Recreation
Department to obtain the services of a qualified firm to provide Swimming Pool
Management Services at the Caporella Aquatic Center, 9300 NW 58th Street, Tamarac,
Florida 33321-4605.
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 2:00pm on November 13, 2012 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.
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 interest of the City.
Proposal documents may be obtained from the Purchasing Office or via the Internet at
httr)://www.tamarac.o[g. For inquiries, contact the Purchasing (954) Office at597-3570.
t
Keith K. Glatz, CPPO
Purchasing and Contracts Manager
Publish Sun -Sentinel: Wednesday, November 1, 2012
'"eWft4& ... A7MW° r M
7525 N.W. 88#h Avenue I Tamarac, Florida 33321.2401 j P: 954.597.35701 F: 954.597.35655
Ci!Z of Tamarac mmllmsvlfzPurchasin2 and Contracts Division
REQUEST FOR PROPOSALS
RFP 13-02R
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.
I. INTRODUCTION
The City is soliciting proposals on behalf of the Tamarac Parks and Recreation Department
to obtain the services of a qualified firm for the Swimming Pool Management Services
located at the Caporella Aquatic Center, 9300 NW 58#h Street, Tamarac, Florida 33321-
4605.
11. INFORMATION
For information pertaining to this Request for Proposals (RFP), contact Purchasing at (954)
597-3570 or Linda Probert at (954) 597-3632. 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) 597-3565 or email to purchasingtamarac.org.
III. SCHEDULE OF EVENTS
The schedule of events related to this Request for Proposals shall be as follows:
RFP Document issued
Deadline for Written Questions
Deadline for Receipt of Proposals
Evaluation of Proposals
Presentations by Short-listed Proposers (if applicable)
Final Ranking of Firms
October 25, 2012
November 7, 2012
November 13, 2012
11 /13/12 --- 11 /19/12
November 19, 2012
November 20, 2012
Anticipated Award by Commission December 12, 2012
All dates are tentative. City reserves the right to change scheduled dates.
2
Ciy of Tamarac Purchasing and Contracts Division
IV. INSTRUCTIONS TO OFFERORS
STANDARD TERMS AND CONDITIONS
RFP 13-02R
Our Vision and Mission
Our Vision: The City of Tamarac, our community of
choice -- leading the nation in quality of life through
safe neighborhoods, a vibrant economy, exceptional
customer service and recognized excellence.
Our Mission: We Are "Committed to Excellence. . .
Always" It is our job to foster and create an environment
that
Responds to the Customer
Creates and Innovates
Works as a Team
Achieves Results, and
Makes a Difference
In the fulfillment of our vision and mission, as stewards
of the public trust, we value vision, integrity, efficiency
and quality service.
Our vendors are truly partners in meeting these
commitments to the community, and in support of that
vision and mission, we are committed to ensuring that
qualified, competitive vendors who share our
commitment to quality, efficiency, teamwork and
customer service are employed to provide goods and
services to the City. Our vendors are expected to
deliver high quality products and efficient service that is
provided on time and as ordered; in a manner that
improves the overall value of the services that the City
provides to its residents. In addition, we expect our
vendors to work with the City as a team, and exhibit the
highest level of integrity when dealing with any office or
department of the City.
Diligence in the execution of the requirements of this
proposal will ultimately contribute to the overall quality
of services provided to the entire community. The City
is searching for a firm who will exemplify these ideals in
the execution of their work, and the successful firm will
be measured against the perfonnance standards
outlined in this bid invitation.
1. 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", "proposal" 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.
Any and all special conditions in this RFP or
any sample agreement document that may
be in variance or conflict with these General
Terms and Conditions shall have precedence
over these General Terms and Conditions. If
no changes or deletions to General
Conditions are made in the Special
Conditions, then the General Terms and
Conditions shall prevail in their entirety.
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 "Proposer" — 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,
3
City of Tamarac
. , Purchasing and Contracts Divisia17
if any, and the proposed Contract shall be regarded as meaning that
Documents (including all Addenda only the best commercial practice is
issued prior to opening of Proposals). to prevail, and that only material and
2.6 "Contractor" - the individuals or workmanship of the finest quality is
() to be used. All interpretations of the
firm(s) to whom the award is made specifications shall be made on the
and who executes the Contract basis of this statement. Omission of
Documents.
any essential details from these
3. SPECIAL CONDITIONS specifications will not relieve the
Where there appears to be variances or Proposer of supplying such services
or product(s) as specified.
conflicts between the General Terms and
Conditions and the Special Conditions and/or
5.2 For the purpose of evaluation, the
Scope of Work outlined in this proposal, the
Offeror must indicate any variance or
Special Conditions and/or the Scope of Work
exceptions to the stated requirements,
shall prevail.
no matter how slight. Deviations
should be explained in detail.
4. EXAMINATION OF CONTRACT DOCUMENTS
Absence of variations and/or
AND SITE
corrections will be interpreted to mean
4.1. Before submitting a Proposal, each
that the Offeror meets all the
Offeror must visit the site (if applicable
requirements in every respect.
to the project) to become familiar with
6. INTERPRETATIONS AND ADDENDA
the facilities and equipment that may
in any manner affect cost or
If the Offeror is in doubt as to the meaning of
performance of the work; must
any of the Proposal Documents, believes that
consider federal, state and local laws,
the General Conditions, Special Conditions
ordinances, rules and regulations that
and/or Technical Specifications contain errors,
may in any manner affect cost or
contradictions or obvious omissions, or has any
performance of the work, must
questions concerning the information contained
carefully compare the Offeror's
in the RFP documents, the Offeror shall submit
observations made during site visits
a written request to the Purchasing Office for
or in review of applicable laws with the
interpretation or clarification. Such request
Proposal Documents; and must
must reference RFP name and number, and
promptly notify the Purchasing and
should be received by the Purchasing Office at
Contracts Manager of all conflicts,
least ten (10) calendar days prior to the
errors and discrepancies, if any, in the
Proposal opening date, or prior to the deadline
Proposal Documents.
specified in the "Schedule of Events" provided
herein. Questions received less than ten (10)
4.2. The Offeror, b and through the
' y g
calendar days prior to the Proposal opening, or
submission of a Proposal, agrees that
the deadline specified by the "Schedule of
Offeror shall be held responsible for
Events" herein, whichever is sooner, may not
having examined the facilities and
be answered. Interpretations or clarifications in
equipment (if applicable); is familiar
response to such questions will be issued in the
with the nature and extent of the work
form of a written addendum transmitted via
and any local conditions that may
either fax or email to all parties recorded by the
affect the work, and is familiar with the
Purchasing Office as having received the
equipment, materials, parts and labor
Proposal Documents. The issuance of a written
required to successfully perform the
addendum shall be the only official method
work.
whereby such an interpretation or clarification
5. OMISSION OF DETAILS / VARIANCES AND
will be made.
EXCEPTIONS
7. COSTS AND COMPENSATION
5.1 The apparent silence of the
7.1. Costs and compensation shall be
requirements as to any detail, or the
shown in both unit prices and
apparent omission of a detailed
extensions whenever applicable, and
description concerning any point,
r
r�.r
CitZ of Tamarac
Purchasin2 and Contracts Division
expressed in U.S. Dollars. In the
de artments/financial-
event of discrepancies existing
serviced urchasin /re ister-for-
between unit prices and extensions or
direct -de osit- a ment.as x for
totals, the unit prices shall govern.
more information.
7.2.
All costs and compensation shall
9. NON -COLLUSIVE AFFIDAVIT
remain firm and fixed for acceptance
Each Offeror shall complete the Non -Collusive
for 60 calendar days after the day of
the Proposal opening.
Affidavit form and shall submit the form with
their Proposal. City considers the failure of the
7.3.
The price proposal shall include all
Offeror to submit this document may be cause
franchise fees, royalties, license fees,
for rejection of the Proposal.
etc., as well as all costs for
10. PUBLIC ENTITY CRIMES
transportation or delivery as
applicable within the scope of the
In accordance with Florida Statutes .287.133
solicitation.
A person or affiliate who has been
8. PRICES,
PAYMENTS, DISCOUNTS &
placed on the convicted vendor list following a
ELECTRONIC PAYMENTS
conviction for public entity crime may not
submit a bid on a contract to provide any
8.1
Firm Pricing: Prices shall be fixed
goods or services to a public entity, may not
and firm to the extent required
submit a bid on a contract with a public entity
under Special Conditions. In the
for the construction or repair of a public
absence of a reference in the
building or public work, may not submit bids
Special Conditions, prices shall be
on leases of real property to public entity, may
fixed and firm for a period of sixty
not be awarded or perform work as a
(60) calendar days, or ninety (90)
contractor, supplier, subcontractor, or
calendar days when the contract
Contractor under a contract with any public
must be approved by another
entity, and may not transact business with any
agency. Payment will be made only
public entity in excess of the threshold amount
after receipt and acceptance of
provided in Florida Statutes §287.017 for
materials/services. Cash discounts
Category Two, for a period of 36 months from
may be offered for prompt payment;
the date of being placed on the convicted
however, such discounts shall not
vendor list.
be considered in determining the
11. CONFLICT OF INTEREST
lowest net cost for bid evaluation.
8.2
Prompt Payment Discounts: Where
11.1 The award of any contract hereunder
is subject to the provisions of Chapter
applicable, offeror is encouraged to
provide prompt payment. If no
112, Florida Statutes. Offerors must
payment discount is offered, the City
disclose with their Proposal the name
shall assume terms of net 30 days.
of any officer, director, partner,
Payment is deemed made on the
proprietor, associate or agent who is
date of the mailing of the check. All
also an officer or employee of City or
payments shall be governed by the
any of its agencies. Further, all
Local Government Prompt Payment
Offerors must disclose the name of
Act, F.S. Chapter 218.
any officer or employee of City who
owns, directly or indirectly, an interest
8.3
Payments by Electronic Funds
of five percent (5%) or more in the
Transfer: Vendors may now receive
Offeror's firm or any of its branches or
payments by direct deposit via
affiliate companies.
electronic funds transfer instead of
by paper check. Vendors are
11.2 The City reserves the right to reject
strongly encouraged to register to
the bid of any offeror(s) which are
receive all payments by direct
related or affiliated with one another in
deposit. Access the City of Tamarac
any way or the ownership of such
web -site at
offeror is in any way related to an
hftp://www.tamarac.o[g/ci!y-
owner, partner, officer, director,
5
City of Tamarac Purchasing and Contracts Division
agent, representative, employee or ink. Use of erasable ink is not
party in interest of another offeror. permitted. All corrections to prices
12. PERFORMANCE BONDS AND INSURANCE made by the Offeror should be
initialed.
Upon award of a contract, the Successful
14.2
All proposals shall be submitted in the
Owired within the scope of the
Offeror, as required
English language, and pricing
solicitation, may be required to submit
expressed in U.S. Dollars.
performance bonds and/or payment bonds.
Offeror shall provide certificates of insurance in
14.3
Proposals must contain a manual
the manner, form and amount(s) specified.
signature of a corporate officer or
designee with the proven authority to
13. SUMMARY OF DOCUMENTS TO BE
bind the firm in matters of this nature.
SUBMITTED WITH PROPOSALS
The address and telephone number
The following is a summary of documents
for any communications regarding the
required to be submitted for this proposal.
Proposal must be included.
Failure to include a technical proposal, cost
14.4
Proposals shall contain an
proposal, bid surety (if required below), or any
acknowledgment of receipt of all
other document that, b its omission, may
y
addenda.
prejudice the rights of other respondents, may
result in immediate rejection of your proposal.
14.5
Proposals by corporations must be
Other forms or documents which, by their
executed in the corporation's legal
nature do not impact price or the Offeror's cost
name by the President or other
of doing business should accompany the
corporate officer, accompanied by
Proposal; but must be provided within three
evidence of authority to sign.
(3) business days of the City's request to be
Evidence of authority shall be
considered responsive.
provided on the enclosed Certified
Resolution form, or by the company's
13.1 Technical Proposal & Work Plan
own Corporate Resolution.
13.2 Cost Proposal (See "Proposal Form"
14.6
Proposals by partnerships must be
herein)
executed in the partnership name and
13.3 Schedule of implementation and
signed by a partner, whose title must
staffing plan
appear under the signature.
13.4 Certification Forms
14.7
Proposals shall be submitted to the
Purchasing Office on or before the
13.5 Certified Resolution Form (or firm's
time indicated in the Request for
own Corporate Resolution)
Proposals. Proposals shall be
13.6 Offeror's Qualifications Statement
submitted in a sealed envelope (faxed
Form & References
proposals will not be accepted under
any circumstances). The envelope
13.7 Vendor Drug Free Workplace Form
should be clearly marked on the
13.8 Non -Collusive Affidavit Form
exterior with the applicable solicitation
name and number. The envelope
insurance.
13.9 Proof of applicable su a nc e
should state the name and address of
13.10 Listing of any Subcontractors to be
the Offeror and should be include all
utilized.
documents as specified in the
Request for Proposals. Purchasing
13.11 The City g reserves the right to request
and Contracts Division staff is not
the most recently completed audited
responsible for the premature opening
financial statement, or other
of a Proposal that is not properly
approved documentation to verify
addressed and identified.
financial viability.
14.8
In accordance with Florida Statutes,
14. SUBMISSION OF PROPOSALS
Chapter §119.07(1)(a) and except as
14.1 Proposals must be typed or printed in
may be provided by other applicable
6
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state and federal laws, the Request
demonstrates to the reasonable
for Proposals and the responses
satisfaction of City, by clear and
thereto are in the public domain.
convincing evidence, that there was a
However, Proposers are requested to
material and substantial mistake in
specifically identify in the submitted
the preparation of its Proposal, or that
Proposal any financial information
the mistake is clearly evident on the
considered confidential and/or
face of the Proposal, but the intended
proprietary which may be considered
correct Proposal is not similarly
exempt under Florida Statute
evident, Offeror may withdraw its
§119.07(t).
Proposal and any bid security will be
14.9 All Proposals received from Offerors
returned. Thereafter, the Offeror will
in response to the Request for
be disqualified from further bidding
q g on
Pro 1 'll b th f
the subject Contract.
VW s " ecome a property o
the City and will not be returned. In
16. REJECTION OF PROPOSALS
the event of Contract award, all
documentation produced as part of
16.1 To the extent permitted b applicable
P Y PP
the Contract shall become the
state and federal laws and
exclusive property of City.
regulations, City reserves the right to
reject an and all Proposals, to waive
1 Y P
14.10 The Proposer preparing a submittal
any and all informalities not involving
in response to this RFP shall bear all
price, time or changes in the work with
expenses associated with its
the Successful Offeror, and to
preparation. The Proposer shall
disregard all nonconforming, non -
prepare a submittal with the
responsive, unbalanced or conditional
understanding that no claim for
Proposals. Proposals will be
reimbursement shall be submitted to
considered irregular and may be
the City for the expense of proposal
rejected if they show serious
preparation and/or presentation.
omissions, alterations in form,
15. MODIFICATION AND WITHDRAWAL OF
additions not called for, conditions or
PROPOSALS
unauthorized alterations, or
irregularities of any kind.
15.1 Proposals may be modified or
withdrawn by a duly executed
16.2 Cityreserves the rightreject the
to �
document signed by a corporate
Proposal of any Offeror if City believes
officer or other employee with
that it would not be in its best interest
designated signature authority.
of to make an award to that Offeror
'
Evidence of such authority must
whether because the Proposal is not
accompany the request forwithdrawal
responsive, the Offeror is unqualified,
or modification. The request must be
of doubtful financial ability, or fails to
�
delivered to the Purchasing Office at
meet any other pertinent criteria
any time prior to the deadline for
established by City within the scope of
submitting Proposals. Withdrawal of
the solicitation.
a Proposal will not prejudice the rights
17. QUALIFICATIONS OF PROPOSERS
of an Offeror to submit a new
Proposal prior to the Proposal
17.1 Each Offeror shall complete the
opening date and time. No Proposal
Offeror's Qualifications Statement and
may be withdrawn or modified after
submit the form with the Proposal.
P
the date of proposal opening has
Failure to submit the Offeror's
passed.
Qualifications Statement and the
documents required thereunder may
15.2 If, within twenty-four (24) hours after
constitute grounds for rejection of the
Proposals are opened, any Offeror
Proposal.
files a duly signed, written notice with
the Purchasing Office, and within five
17.2 Asa art of the evaluation process,
P P '
(5) calendar days thereafter
the City may conduct a background
investigation including a criminal
7
CitZ of Tamarac
s Purchasing and Contracts DiviSion
record check of Proposer's officers Manager before beginning work
and/or employees, by the Broward under this Agreement. Offeror shall
County Sheriffs Office, or as maintain such insurance in full force
enumerated in the Scope of Services and effect during the life of this
herein. Proposer's submission of a Agreement. Offeror shall provide to
proposal constitutes the City's Risk Manager current
acknowledgement of and consent to certificates of all insurance required
such investigation. City shall be the under this section prior to beginning
sole judge in determining Proposer's any work under this Agreement.
qualifications. 18.3 Offeror shall indemnify and save the
17.3 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, or who is
deemed irresponsible for unreliable by
City. City will be the sole judge of said
determination.
17.4 City reserves the right to make a pre -
award inspection of the Offeror's
facilities and equipment prior to award
of Contract.
17.5 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.
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
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 Occurrence
Business/
Coverage
Commercial $2,000,000
General
Liability
Including:
Premises/Operations
Contractual Liability
Personal Injury
Aggregate
$29000,000
Explosion, Collapse, Underground
Hazard
Products/Completed Operations
Broad Form Property Damage
Cross Liability and Severability of
Interest Clause
Automobile
Liability
Workers'
Compensation
& Employer's
Liability
$110009000 $190001000
Statutory
18.5 The City reserves the right to require
higher limits depending upon the
scope of work under this Agreement.
M
Crt of Tamarac
Purchasing and Contracts Division_
18.6
Neither Offeror nor any Sub -Offeror
law, protect, defend, indemnify and
shall commence work under this
hold harmless the City, their agents,
contract until they have obtained all
elected officials and employees from
insurance required underthis section
and against all claims, actions,
and have supplied the City with
liabilities, losses (including economic
evidence of such coverage in the
losses), costs arising out of any
form of an insurance certificate and
actual or alleged: a). Bodily injury,
endorsement. The Offerorwill ensure
sickness, disease or death, or injury
that all Sub -Offerors will comply with
to or destruction of tangible property
the above guidelines and will
including the loss of use resulting
maintain the necessary coverages
therefrom, or any other damage or
throughout the term of this
loss arising out of or resulting, or
Agreement.
claimed to have resulted in whole or
in part from any actual or alleged act
18.7
All insurance carriers shall be rated
or omission of the Contractor, any
at least A-VII per Best's Key Rating
sub -Contractor, anyone directly or
Guide and shall be licensed to do
indirectly employed by any of them,
business in Florida. Policies shall be
or anyone for whose acts any of
"Occurrence" form. Each carrier will
them may be liable in the
give the City sixty60 days notice
g � ( ) y
performance of the Work; or b).
prior to cancellation.
violation of law, statute, ordinance,
18.8
The Offeror's liability insurance
governmental administration order,
policies shall be endorsed to add the
rule, regulation, or infringement of
City of Tamarac as an "additional
patent rights by Contractor in the
insured". The Offeror's Workers
performance of the Work; or c). liens,
Compensation carrier will provide a
claims or actions made by the
Waiver of Subrogation to the City.
Contractor or any sub -Contractor
under workers compensation acts;
18.9
The Offeror shall be responsible for
disability benefit acts, other
the payment of all deductibles and
employee benefit acts or any
self -insured retentions. The City may
statutory bar. Any cost of expenses,
require that the Offeror purchase a
including attorney's fees, incurred by
bond to cover the full amount of the
the City to enforce this agreement
deductible or self -insured retention.
shall be borne by the Contractor.
18.10
If the Offeror is to provide
19.2 Upon completion of all Services,
professional services under this
obligations and duties provided for in
Agreement, the Offeror must provide
this Agreement, or in the event of
the City with evidence of
termination of this Agreement for any
Professional Liability insurance with,
reason, the terms and conditions of
at a minimum, a limit of $1,000,000
this Article shall survive indefinitely.
per occurrence and in the aggregate.
"Claims -Made" forms are acceptable
19.3 The Contractor shall pay all claims,
only for Professional Liability.
losses, liens, settlements or
judgments of any nature whatsoever
18.11
The Successful Offeror agrees to
in connection with the foregoing
perform the work under the Contract
indemnifications including, but not
as an independent contractor, and
p
limited to, reasonable attorneys fees
not as a subcontractor, agent or
(including appellate attorneys fees)
employee of City.
and costs.
19. INDEMNIFICATION
19.4 City reserves the right to select its
19.1
GENERAL INDEMNIFICATION:
own legal counsel to conduct any
Contractor shall, in addition to any
defense in any such proceeding and
other obligation to indemnify the City
all costs and fees associated
and to the fullest extent permitted by
therewith shall be the responsibility of
9
City of Tamarac Purchasing and Contracts Division
Contractor under the indemnification indenture, mortgage, contract, or
agreement. Nothing contained herein agreement to which Successful
is intended nor shall it be construed to Offeror is a party.
waive City`s rights and immunities
under the common law or Florida 21.2 Successful Offeror warrants to City
Statute 768.28 as amended from time that it is not insolvent, it is not in
bankruptcy proceedings or
to time.
20. INDEPENDENT CONTRACTOR
An Agreement resulting from this solicitation
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 any
potential 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. Any
potential 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.
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
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 consumable materials and products supplied
by the Offeror in conjunction with this proposal
to be used as a part of the services rendered
under this Agreement shall be new, warranted
for their merchantability, fit for a particular
purpose, free from defects and consistent with
industry standards.
23. SAFETY STANDARDS
The Proposer warrants that the product(s)
supplied to the City shall conform in all
respects to the standards set forth in the
Occupational Safety and Health Act of 1970
as amended, and shall be in compliance with
Chapter 442, Florida Statutes as well as any
industry standards, if applicable. Any toxic
substance listed in Section 3817-41.03 of the
Florida Administrative Code delivered as a
result of this order must be accompanied by a
completed Material Safety Data Sheet
(MSDS).
24. 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
10
City of Tamarac Purchasing,and Cor7fracfs Division
specifications are subject to rejection at the cancellation of the proposal award. The City
option of the City. Any items rejected shall be may, by written notice to the Proposal,
removed from the premises of the City and/or terminate the contract for failure to perform. The
replaced at the entire expense of the date of termination shall be stated in the notice.
successful vendor. The City shall be the sole judge of
25. NON-DISCRIMINATION AND EQUAL nonperformance.
OPPORTUNITY EMPLOYMENT 29. TERMINATION FOR CAUSE AND DEFAULT
During the performance of the Contract, the
Contractor shall not discriminate against any
employee or applicant for employment because
of race, color, sex, religion, age, national origin,
marital status, political affiliation, familial status,
sexual orientation, or disability if qualified. The
Contractor will take affirmative action to ensure
that employees are treated equally during
employment, without regard to their race, color,
sex, religion, age, national origin, marital status,
political affiliation, familial status, sexual
orientation, or disability if qualified. 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
Contractor 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
Contractor further agrees that he/she will
ensure that Subcontractors, if any, will be
made aware of and will comply with this
nondiscrimination clause.
26. TAXES
Successful Offeror shall pay all applicable
sales, consumer use and other similar taxes
required by law for products utilized as a part of
performing services for the City.
27. PERMITS, FEES & LICENSES
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.
28. PERFORMANCE
Failure on the part of the Offeror to comply with
the conditions, terms, specifications and
requirements of the bid shall be just cause for
In addition to all other remedies available to
the City, this Agreement shall be subject to
cancellation by the City for cause, should the
Successful Offeror 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 of
written notice of such neglect or failure.
30. TERMINATION FOR CONVENIENCE OF CITY
This Agreement may be terminated by the City
for convenience, upon seven (7) days of
written notice by the City to the Successful
Offeror for such termination in which event the
Successful Offeror shall be paid its
compensation for services performed to
termination date, including services
reasonably related to termination. In the event
that the Successful Offeror abandons this
Agreement or causes it to be terminated, the
Successful Offeror shall indemnify the city
against loss pertaining to this termination.
31. 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 is subject to
termination based on lack of funding.
32. 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.
CitZ of Tamarac Purchasing and Contracts DiVisio17
33. ASSIGNMENT of bid submission.
33.1 Successful Offeror shall not assign,
transfer or subject the Contract or its
rights, title, interests or obligations
therein without City's prior written
approval.
33.2 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.
34. EMPLOYEES
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. CITY SALES TAX EXEMPTION
The City of Tamarac is exempt from all
Federal, State, and Local taxes. An
exemption certificate will be provided where
applicable upon request.
36. GOVERNING LAW:
The laws of the State of Florida shall govern
this Agreement. Venue shall be Broward
County, Florida.
37. FORM AGREEMENT DOCUMENT
The City may attach as a part of this solicitation,
a Form Agreement document. Proposers shall
be responsible for complying with all of the
terms and conditions of the Form Agreement
document if included herein, except where
variant or conflicting language may be included
in any Special Conditions contained herein.
Proposers shall note any deviation or variance
with the Form Agreement document at the time
38. UNBALANCED PROPOSAL PRICING
When a unit price proposed has variable or
estimated quantities, and the proposal shows
evidence of unbalanced proposal pricing, such
proposal may be rejected.
39. REFERENCES
If your organization becomes a finalist for this
project, you will be expected to utilize
eVendorSelect, who has been selected by
the City to provide an online third party
reference checking process. Your references
will be asked to complete a brief, confidential
survey rather than being contacted by
telephone. Finalists will receive an email with
further instructions directly from the service.
40. INFORMATION REQUESTS AFTER DUE
DATE
Following a recommendation for award,
Proposers may download the evaluation results
directly from the Internet at
http://www.tamarac.o[g.
Pursuant to Florida Statute Chapter 119,
Section 7(m), sealed bids or proposals received
by an agency pursuant to invitations to bid or
requests for proposals are exempt from the
provisions of subsection (1) and s. 24(a), Art. I
of the State Constitution until such time as the
agency provides notice of a decision or
intended decision pursuant to F.S.
§120.57(3)(a), or within 10 days after
bid/proposal opening, whichever is earlier.
41. BUDGETARY CONSTRAINTS
In the event the City is required to reduce
contract costs due to budgetary constraints, all
services specified in this document may be
subject to a permanent or temporary reduction
in budget. In such an event, the total cost for
the affected service shall be reduced as
required. The Contractor shall also be
provided with a minimum 30-day notice prior
to any such reduction in budget.
Remainder of Page Intentionally Blank
12
CitZpf Tamarac .. Purchasin2 and Contracts ivisiOn
V. STATEMENT OF WORK
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 "Contractor". 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 Caporella Aquatic Center opened in 2007. The facility is located at
9300 NW 58th Street in Tamarac, Florida. Included in the facility is a 25 yard x 25 meter 8
lane geo-thermal heated pool, water slide, children's water sprayground activity area, picnic
shelter, wellness center, locker rooms, office space, pool equipment/storage room, and
concession stand.
The Contractor will provide all necessary staff and programming for the operation and
management of the swimming pool and children's sprayground activity area. The City of
Tamarac will provide onsite staff responsible for overseeing the entire Aquatic Center,
including the wellness center and revenue collection.
City of Tamarac has four primary Aquatic Center Objectives:
1. Safety: Ensure the highest level of safety is maintained in the pool, children's
sprayground, pool deck and surrounding areas for participants and spectators.
2. Customer Service: Provide exceptional customer service and a commitment to
excellence.
3. Programming: Provide innovative quality programming and events to include but
not limited to instructional lessons, fitness programs, and competitions that will
encourage usage by participants of various ages and skill levels.
4. Vision/Direction: To foster and create and environment that responds to the
customer, creates and innovates, works as a team, achieves results and makes a
difference. It is the City's intent, under the contract 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.
The evaluation of competing firms and individuals will place 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, Contractors shall clearly detail how their prior
experience, and that of their key personnel, has equipped them to succeed in meeting the
objectives.
13
CitZ of Tamarac Purchasing and Contracts Division
The selected Contractor will, from the onset, be held to a high level of performance in
management, operations, programming and customer service.
B. SERVICES TO BE PROVIDED
1. Manage and operate the swimming pool, children's sprayground, and pool deck
areas. Contractor shall provide for the operation of the facility seven (7) days per
week, Monday through Saturday from 9:00 A.M. to 7:OOP.M. and Sunday 9:OOA.M.
to 4:OOP.M. The City reserves the right to extend the hours, with at least seven (7)
days notice to the Contractor. The facility shall operate a minimum of 67 hours per
week except for the week of Thanksgiving as the facility will be closed on that
holiday. The facility is closed to the public for open swim during the months of
December, January and February. The successful Offeror, however, shall continue
to provide organized classes and programs during those months. Any changes in
hours of service (other than those dictated by emergencies) shall be made with prior
approval of the City.
2. Develop, implement and supervise a mutually agreed upon number of instructional
programs including but not limited to swim classes, lap swim, open swim, swim
team, water exercise programs, pool rentals and special events for participants of
all ages and abilities. Complete and maintain attendance records for all programs.
Work with City staff to develop and implement programs that will maximize service,
revenue and participation. Instructional swim classes must meet Broward County
Swim Central Criteria.
3. Maintain the swimming pool and related mechanical systems in accordance with
the requirements of the Florida Department of Health, Broward County Health
Department, and Florida Department of Agriculture Bureau of Fair Rides Division.
4. Test safety equipment and water quality, and vacuum the pool on a daily basis.
Provide routine maintenance and clean all pumps, drains, filtering devices and
associated equipment. Backwash the filter system as required by the manufacturer.
5. Maintain the pool, water sprayground, pool deck, storage areas, offices, restrooms,
locker rooms and entrance areas in a clean, safe and inviting manner including the
collection of trash and debris. City to provide maintenance of restrooms, locker
rooms and offices each day in the evening.
6. Regulate and maintain a positive controlled environment and provide for the
enforcement of pool rules and regulations.
7. Supply and ensure adequate inventory of first aid supplies and pool chemicals
adequate to the size and operation of the facility.
8. Provide written reports on equipment and pool safety checks, water quality tests, life
expectancy of equipment, inventory of supplies and program attendance as
required by the City.
9. Provide set up and break -down for programs, lessons, swim meets and special
events.
10. Manage customer service complaints or inquiries and distribute surveys according
to City protocol.
11. Ensure all staff are provided with professional and identifiable uniforms.
12. Provide after hours emergency contacts for the on -site manager and supervisor.
14
e �_
Cityof Tamarac Purchasing and Contracts Division
C. MINIMUM REQUIREMENTS
1. The on -site Manager for the Contractor, and the Management Team must have, at
a minimum, the following expertise, certification, or proven capability:
• Five (5) years individual experience in managing an aquatic facility of
comparable or greater size and budget.
• Possess a Certified Pool Operator (CPO) or Aquatic Facility Operator (AFO)
certification.
• Possess a current First Aid and CPR AED Certification.
• Experience in planning, organizing, and implementing instructional classes,
exercise and fitness programs and sanctioned swim competitions.
• 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. rescue equipment, automatic
external defibrillator units and emergency oxygen).
• Evidence of knowledge of current risk management best practices,
community based programming, competitive swimming and event
management.
• Experience in successfully implementing aquatic risk management
procedures that include at a minimum, facility operational audits, lifeguard
performance audits, and vigilance awareness validation.
2. All employees are required to have First Aid and CPR AED Certifications.
Instructors providing lessons are required to have a Life Guard Certification and
Water Safety Instructor Certification, or the equivalent, as well as training or
certification in adaptive aquatics for persons with disabilities.
3. The Successful Offeror will be responsible for hiring the appropriate number of
qualified personnel to conduct the daily operation and management of the facility
and will comply with all federal, state and local laws related to minimum age, social
security, nondiscrimination, Americans with Disabilities Act ("ADA"), unemployment
compensation, and workers' compensation who will be employed exclusively for the
performance of said contract. All personnel employed by the Successful Offeror
shall be paid in accordance with the Federal Minimum Wage Law. The Successful
Offeror shall be responsible for the payment of all employment taxes, social security
taxes and background checks related to the employment of said personnel.
Personnel employed by the contractor shall be required to pass a Level 2 criminal
background check pursuant to section 435.04, Florida Statutes and a sexual
offender background check. The criminal background check shall consist of a
Florida Department of Law Enforcement ("FDLE") Florida Crime Information
Center/National Crime Information Center (FCIC/NCIC) criminal records check.
Evidence of each employee's successful passing of all background screenings will
be required to be provided to the City prior to any employee working at the Aquatic
Facility or any other City facility. Any employee not meeting this requirement will not
be permitted to work at the Aquatic Facility or any other City facility.
4. All personnel employed by the contractor in the performance of fulfilling the contract
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 with respect to Bloodborne Pathogens and infectious
15
Cs of TamVMM21=J11iaracPurchasing and Contracts iv siar7
diseases. The City shall have the right to request replacement of any of the
contractor's employees whose conduct, character or performance is not in the best
interest of the City. The contractor agrees to make replacement of said employees
within five (5) calendar days.
5. Adhere to and comply with the International Lifeguard Training Program standard of
care for lifeguarding, CPR, safety and emergency procedures.
6. All lifeguards will hold a minimum qualification of an advanced lifeguard certificate
from a nationally recognized certification program 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.
D. CONTRACTOR RESPONSIBILITIES
1. Contractor shall be responsible for the care and repair of City property used for the
operation of the Aquatic Center. The Contractor will be held accountable for those
losses or damages to City owned property during hours of operation of the pool.
2. Damaged or malfunctioning equipment shall be reported immediately to the City's
Parks and Recreation Department. If not reported, Contractor shall be responsible
for damages.
3. Contractor shall be responsible for meeting and maintaining all health and safety
standards, regulations and condition of the pool water as set forth by the Florida
Department of Health, Broward County Health Department and the City of Tamarac
for the operation of the Pool.
4. The highest standards of safety, professionalism, customer service, and instructional
excellence are required. The facility shall be managed so that the needs of all the
users are recognized and accommodated.
5. All employees will be expected to represent the City of Tamarac in a positive manner
and provide exceptional customer service. Employees will be expected to adhere to
the City of Tamarac's customer service expectations by following the principles of
professionalism, accuracy of information, responsiveness and timeliness in meeting
customer needs.
6. Contractor must recognize the City's objective of making the facility as self-
supporting as possible. Attainment of this goal requires that the Contractor
aggressively market the facility and assure that operations conform to the highest
professional business and management standards. The City reserves the right to
approve all marketing materials before dissemination.
7. Contractor must maintain the swimming pool, sprayground and related mechanical
systems at a high standard in accordance with recommended guidelines. A
preventive maintenance plan will be implemented to extend the life expectancy of the
facility and equipment to assure operational reliability and potentially reduce costs.
To this end, the successful contractor shall monitor the mechanical systems and
provide due diligence in notifying the City of any potential problems.
8. Purchase, store, and administer chemical treatments.
9. Recruit, hire, train, schedule, and supervise employees. The City reserves the right
to approve or disapprove any proposed staffing schedule.
16
it of Tamarac Purchasing and Contracts Division
10. Provide uniforms and ensure employees are well identified at all times.
11. Develop and implement operating policies and procedures that will be consistent
with the City's operating policies and procedures.
12. Develop, implement and assist with emergency management plans and facility
preparedness for all possible emergencies, including procedures for heightened
security alerts, and hurricane preparedness.
13. Conduct nationally certified in-service employee training programs to ensure the
highest safety standards.
14. Develop and implement an aquatic risk management plan and marketing plan.
15. In conjunction with the Parks and Recreation Department, contractor 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.
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. Monitor user group schedules and lane assignments to maximize pool use, facility
space and revenue.
18. Assist with the development and implementation of camp and rental group
guidelines regarding safety of participants, staff, and counselors. The guidelines
shall address appropriate behavior and required counselor to child ratio while on the
pool deck, in pool and in the locker/bathroom.
19. 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.
20. Complete and maintain detailed documentation and records of all incidents,
accidents, and rescues with regards to programs, participants, employees,
mechanical, and structural and the steps taken -to rectify the incident. Contractor will
immediately report all incidents, accidents and rescues to the City along with a copy
of the detailed report to include all circumstances and individuals surrounding the
incident and specific location.
21. The Contractor, at its own expense, shall provide all personnel necessaryto 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 Contractor 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. This shall include required lifeguards, instructors, lesson coordinators,
supervisors, managers and any other employees who are required and necessary to
operate the facility in accordance with the safety standards of the City and applicable
certification agencies.
22. The Contractor will establish a Drug -Free Workplace by requiring drug screening of
all new employees and allow for drug testing as may be required. Drug testing will
be at the expense of the Management Firm, and shall be administered in
accordance with applicable Florida State statutes.
23. No physical improvements or changes to the Aquatic Center facility will be allowed
without written authorization from the City of Tamarac.
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City o 7i i Tamarac Purchasing and Contracts Division
24. The Contractor is required to participate in a complete aquatic review program as
provided by a proven nationally recognized program. The costs to participate in such
programs shall be the responsibility of the contractor.
25. Contractor 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, minor repair parts and service for pool equipment.
26. The Contractor shall be responsible, at its own expense, for obtaining all necessary
permits and licenses required by applicable laws, rules and/or regulations necessary
for the operation of the facility.
E. RESPONSIBILITIES OF THE CITY OF TAMARAC
1. Provide office space for on site manager, lifeguards and first aid.
2. All physical repair and maintenance services of the Aquatic Center necessary to
assure a safe, well maintained and attractive facility. The City will be responsible for
custodial services supplied at night, once a day.
3. Maintenance and replacement of the building, structures, utilities, and surrounding
areas including shrubbery, waste, and other debris.
4. Obtain and pay for all necessary permits and licenses required by applicable laws,
rules and/or regulations necessary for the operation of the facility.
5. The City's Parks and Recreation Department will be responsible for the collection
and deposit of all revenue to the City's account.
6. In conjunction with the Management Firm, the Parks and Recreation Department will
formulate a revenue and expense budget.
7. The City will determine facility rental contract conditions, requirements, and fees and
assure that user groups follow industry standard safety practices in compliance with
any applicable Federal, State of Florida, or other local ordinances.
8. The City will provide security for the facility, including a monitored alarm, security
cameras and lightning detection system.
9. The Parks and Recreation Department will supervise any City employees assigned
to work at the Aquatic Center.
10. The City will provide all janitorial supplies (paper towels, soap, trash bags, toilet
paper, cleaners, light bulbs, etc) for the facility.
11. 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.
12. City will be responsible for major repair of equipment.
13. 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.
F. DELIVERABLES
1. Provide an organizational chart which includes a visual delineation of the Contractors
organizational structure and points of contact for the firm.
2. Provide details of the firm's representative(s) who will work directly with the City on a
is
daily basis including the name of the Contractors Aquatic Center Manager (the
resident manager who will be responsible for day-to-day management), to include
experience, background and qualifications.
3. Provide a description or outline of your proposed structure to manage facility
operations in accordance with the Scope of Services. The Contractor will be
responsible for providing a diagram of the lifeguard zones. The diagram will identify
the number of lifeguards and position placement for both the Caporella Aquatics
Complex Swimming Pool and Sprayground.
4. This should include assignment of personnel by position and their overall role within
the Contractors organization.
5. City shall be provided with written copies of all audits performed by the Contractor
pursuant to this Agreement. All audits shall be turned over to the City within twenty-
four (24) hours following completion of any such audit: Audits will be conducted
quarterly at a minimum each year of the agreement.
6. The Contractor shall keep and maintain adequate records, which reflect safety and
maintenance inspections, chemical levels, injuries, incidents, payroll records,
revenues and expenditures and any other information necessary to properly manage
the facility. These records are to be available for review by the City upon notification.
G. PERFORMANCE GUARANTEES
TheCity requires the Contractor to meet certain performance guarantees in support of the
City, s Strategic Mission, Vision and Goals, while performing under this Agreement. The
Contractor shall agree to the following:
1. During the normal course of business, the City provides on -site transactional surveys
regarding the operation and services provided at the Caporella Aquatic Center. The
City will provide a copy of the Survey to the successful proposer. The Contractor
shall have a goal of receiving positive rankings of 'A" or "Y for 90% of the surveys
received that relate to the Caporella Aquatic Center on a monthly basis.
2. The City desires that the Contractor expand existing programs available at the
Caporella Aquatic Center in order to provide for a more diverse use of the facility.
The Contractor shall be responsible for meeting mutually developed programming
goals for each of the two (2) years of the initial term of this Agreement. Goals for any
additional extension of this Agreement will be determined at the time of such renewal
as applicable.
3. The City will monitor the Contractor's progress on each of the goals on a monthly
basis, and shall provide appropriate feedback to the Contractor at a minimum of
once per month, regarding the Contractor's process.
4. As a means of ensuring that performance guarantees are met, the City reserves the
right to withhold up to ten percent (10%) of the Contractor's monthly Management
Fee on a month by month basis under the following conditions:
4.1 In the event that the Contractor fails to meet the required goal for
transactional survey responses pursuant to the requirements of Section G.1
herein for a period of three (3) consecutive months. Ten percent (10%) of
the monthly Management Fee will be withheld for each month following the
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City of Tamarac
s Purchasin2 and Contracts Division
non -compliant three (3) month period, until transactional survey scores return
to the level required by Section G.1 herein, or as mutually agreed upon with
the City.
4.2 If the Contractor fails to meet the required goal for the establishment of the
mutually agreed upon number of programs to be in place by the one (1) year
anniversary date of the Agreement for year one (1); or fails to meet the
required goal for establishment of the mutually agreed upon number of
programs to be in place within nine (9) months after the one (1) year
anniversary date of the Agreement, ten percent (10%) of the monthly
Management Fee will be withheld for each month following the specific
mutually agreed upon benchmark date until Contractor is compliant with the
requirements as mutually agreed upon at the time of contract execution.
4.3 In the event that the Contractor fails to comply with the requirements for
Performance Guarantees, for a period of six (6) consecutive months, the City
reserves the right to take additional corrective actions as enumerated in
appropriate sections in the final Agreement that address remedies and
termination.
H. PERFORMANCE SCHEDULE
Proposer would be required to begin the pool management services effective January 1,
2012.
VI. 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 qualifications and 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.
VII. EVALUATION OF PROPOSALS
A. EVALUATION METHOD AND CRITERIA
An Evaluation and Selection Committee has been appointed by the City Manager and will be
responsible for selecting the most qualified firm and then 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 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.
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City of Tamarac '
Purchasing and Contracts division
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 City's evaluation criteria may include, but shall not be limited to, the following:
1. Compliance with Request for Proposals [Mandatory]. This refers to the
adherence to all conditions and requirements of the Request for Proposals.
2. Quality of Response
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,
specifically, the requirements objectives that relate to Safety, Customer Service,
Programming and Vision/Direction, as enumerated in Section V. A. "Scope of
Proposal" herein; as well as the ability to rapidly respond to the City's needs.
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:
i. 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.
ii. Personnel to
be assigned to
the project,
and their education, capabilities,
qualifications
and
experience
with
similar
projects
iii. Reference information gathered from other entities regarding the past
experience of the firm; (If your organization becomes a finalist for this
project, you will be expected to utilize a vendorSelect, who has been selected
by the City to provide an online third party reference checking process. Your
references will be asked to complete a brief, confidential survey rather than
being contacted by telephone. Finalists will receive an email with further
instructions directly from the service.); and
iv. Other areas addressed in the Statement of Work herein.
5. Costs (Price)/Revenue. This refers to the proposed annual not -to -exceed
operational fee plus the annual minimum management fee. Please note that it is
anticipated that the annual minimum management fee will be paid by revenues
collected for gate admissions and class/program revenues. (Please note that price
s li
City of Tamarac Purchasin2 and Contracts Division
is only one factor for consideration of award).
i. The offeror shall propose an annual, not -to -exceed operational fee for
execution of services under this Agreement.
ii. The offeror shall include an annual minimum management fee which shall be
based on shared revenues for admission gate collections and class/program
fees. In the event that revenues are insufficient to pay the minimum
management fee, the City shall make an annual lump sum payment to
Contractor for the difference between actual revenue received by the
Contractor, and the minimum management fee. Such payment shall be made
in arrears.
In the event that revenues completely cover the minimum management fee,
the City will not be liable for payment of the fee for that contract year;
however, Contractor will continue to receive revenue from the contracted
percentage of gate and class/program fees.
iii. Other costs/pricing as may be requested on the Proposal Pricing Form
herein.
iv. 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.
v. In soliciting requests for the management and operation of the City of
Tamarac Caporella Aquatic Center, the City encourages imaginative and
innovative approaches. Offerors should consider the full range of
management options in developing their proposals. Of particular interest to
the City is the offeror's ability to deliver a full scope of aquatic services that
are broad -range and diverse, as well as allow for ample community use of
the venue.
B. ACCEPTABLITY OF PROPOSALS
The Offer
shall
be
evaluated solely in accordance with the criteria set forth herein. The
proposals
shall
be
categorized
as
follows:
1. Acceptable;
2. Potentially Acceptable; that is reasonably susceptible of being made
acceptable; or
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.
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Ci!Z of Tamarac .. Purchasing and ontracts Division
-------------------------------
D. 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 Proposer/Expertise 30 points
5. Costs/(Price)/Revenue 15 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.
E. 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 Proposer who 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.
F. 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 maybe rejected if they show
serious omissions, alterations in form, additions not called for, conditions, unauthorized
alterations, or irregularities of any kind.
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, the City previously
terminated a contract with the Proposer or any of its related or affiliated entities, or the
Proposer fails to meet any other pertinent criteria established by City within the scope of this
solicitation.
3
City or Tamarac Purchasing and Contracts Division
VIII. PROPOSAL COPIES
Return One (1) original and Six (6) copies in an envelope marked with yourfirm's name and "RFP 13-
02R, 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
and 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/Revenue proposal shall be submitted in a separate, sealed
envelope along with the Technical Proposal. Failure to include a complete Technical and Cost/Price
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.
24
Ci!Z of Tamarac Purchasing and Contracts Division
PROPOSAL PRICING FORM
RFP 13-02R
SWIMMING POOL MANAGEMENT SERVICES
1. Annual Operational
Fee.
Please state the
proposed not -to -exceed amount for an annual
guaranteed minimum
fixed
fee for services
to be provided:
2. Annual Minimum Management Fee. In addition to the Annual Operational Fee, upon
opening of the facility, the City agrees to pay the Contractor an Annual Minimum
Management Fee, which shall be in the form of shared revenues with the Contractor, based
on the revenue percentages provided below. In the event that the Contractor's portion of
shared revenue is less than the Annual Minimum Management Fee, the City shall provide a
single lump sum payment in arrears. The Minimum Management Fee shall be as follows:
Components of the Annual Minimum Management Fee:
Gate Revenue. It is anticipated that this Agreement will provide for revenue sharing of
proceeds collected for admission to the Aquatic Center. The amount of revenue paid to the
Contractor should be expressed as a percentage of total revenue collected at the gate. The
City shall pay the Contractor the following percentage of gate revenue, with the remainder to
be retained by the City:
% of total gate reve n u e
Class/Program Revenue. Per the scope of this proposal, Contractor shall provide
various classes and programs to participants at the Aquatic Center, and it is anticipated that
such revenue will be shared with the City. The amount of revenue paid to the Contractor
should be expressed as a percentage of total revenue collected for classes or programs
provided by the Contractor. The City shall pay the Contractor the following percentage of
class/revenue, with the remainder to be retained by the City:
% of total class/program revenue
TOTAL COST: (Annual Operating Fee + Annual Minimum Management Feed:
Additional Costs
Cost for After Hours Use. Occasionally, the City may program special events, or require that
Contractor's staff be on -site after normal business hours. Please indicate the hourly cost, in addition
to labor costs, to keep the facility open during non -business hours:
$ / hour
5
Cit of Tamarac Purchasing and Contracts Divisia17
PROPOSAL SUBMITTED BY:
Company Name:
Address:
City:
Telephone:
Email:
FAX:
State:
Zip:
The City of Tamarac desires to have the ability to use a city credit card for payment. Will your
firm accept a Visa credit card as payment from the City of Tamarac?
❑ Yes ❑ No
NOTE: To be considered eligible for award, one (1) original copy of this 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.
26
City,,or Tamarac Purchasir and Contracts Division
COMPANY NAME: (Please Print):
Phone:
Fax:
BEFORE SUBMITTING YOUR PROPOSAL, MAKE SURE YOU...
1. Carefully read the General Terms &Conditions, Special Conditions and the General
Requirements.
F-12. Provide a Technical Proposal and Work Plan.
F-13 Include a Cost/Price/Revenue Proposal (See Proposal Form).
F-14 Include your Schedule of implementation and staffing plan
❑ 5. Sign the Certification page. Failure to do so will result in your Bid being deemed non-
responsive.
❑ 6. Fill out and sign the Certified Resolution (or firm's own corporate resolution).
❑ 7. Fill out and sign the Non -Collusive Affidavit and have it properly notarized. Fill out the
Offeror's Qualification Statement and Reference Form.
F-18 Sign the Vendor Drug Free Workplace Form.
❑ 9 Sign and notarize the Non -Collusive Affidavit Form.
F-1 10 Include proof of applicable insurance
❑ 11 List any Sub -Contractor to be used, if applicable
F112 Include all necessary Financial Statements as may be requested.
❑ 13 Provide any additional documentation requested within the Proposal Document.
F-1 14 Submit ONE (1) Original AND the number of copies requested in the Proposal
Instructions. Clearly mark the sealed container with the PROPOSAL NUMBER AND
PROPOSAL NAME on the outside of the package.
Make sure your Proposal is submitted PRIOR to the deadline.
Late Proposals will not be accepted.
Failure to provide the requested attachments may result in your proposal
being deemed non -responsive.
THIS SHOULD BE THE FIRST PAGE OF YOUR PROPOSAL.
27
OtZ or Tamarac Purchasing,and Contracts DiViSi017
REFERENCES
NOTE: THIS SECTION IS OPTIONAL, since the City will be using a third party firm to check
references on our behalf. Cooperation with the third party firm, however, is mandatory.
Specifically, if your organization becomes a finalist for this project, you will be required to
utilize eVendorSelect, who has been selected by the City to provide an online third party
reference checking process. Your references will be asked to complete a brief, confidential
survey rather than being contacted by telephone. Finalists will receive an email with further
instructions directly from the eVendorSe/ectafter the bid opening.
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
28
Cify of Tamarac Purchasin2 and Contracts Division
CERTIFICATION
THIS DOCUMENT MUST BE SUBMITTED WITH THE PROPOSAL
We (I), the undersigned, hereby agree to furnish the items)/service(s) described in the
Invitation to Bid. We (I) certify that we(I) 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 ❑ PARTNERSHIP Ej
If "Other", Explain:
Authorized Signature
Typed/Printed Name
Telephone
Fax
Email address for above signer (if any)
CORPORATION ❑ OTHER ❑
Company Name
Address
City, State, ZIP
Federal Tax ID Number
CitZ of Tamarac Purchasing and Contracts Division
CERTIFIED RESOLUTION
1, (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 , 20
(SEAL)
NOTE:
By:
Secretary
Corporate Title
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.
30
City of Tamarac Purchasing and ontracts 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 88t" Avenue
Tamarac, Florida 33321
Submitted By:
Name:
Address:
City, State, Zip
Telephone No.
Fax No.
Check One
❑ Corporation
❑ Partnership
❑ Individual
❑ Other
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:
1. If Offeror is a corporation, answer the following:
a) Date of Incorporation:
b) State of Incorporation:
c) President's name:
d) Vice President's name:
e) Secretary's name:
f) Treasurer's name:
g} Name and address of Resident Agent:
31
Img
City of Tamarac ' _ ' Purchasing and Contracts Division
2. 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:
3. If Offeror is other than an individual, corporation or partnership, describe the organization and
give the name and address of principals:
4. If Offeror is operating under a fictitious name, submit evidence of compliance with the Florida
Fictitious Name Statute.
5. How many years has your organization been in business under its present business name?
a) Under what other former names has your organization operated?
6. Indicate registration, license numbers or certificate numbers forthe businesses or professions,
which are the subject of this Bid. Please attach certificate of competency and/or state
7.
registration.
Have you personally inspected the site of the proposed work?
R YES R No
Do you have a complete set of proposal documents, including addenda?
❑ YES ❑ NO
32
r aa�. an i� r u. ruur a.ca..
9. Have you ever failed to complete any work awarded to you? If so, state when, where and why:
10. 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 Tele hone
11. Are any owners, principals, officers or employees of the proposer serve as an owner, principal,
officer or employee of any other organization engaged in similar services to those required by
this proposal? Yes No. If yes, please state the name of the individual or individuals
below, the name of the organization, and the capacity of the individual in the organization.
Individual Name of Organization Capacity
12. List the pertinent experience of the key individuals of your organization (continue on insert
sheet, if necessary).
13. State the name of the individual who will have personal supervision of the work:
14. 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:
15. State the names, addresses and the type of business(es) of any and all firms or businesses
that are partially or wholly owned by Offeror or any of its owners, officers, partners, agents,
representatives, employees or parties in interest:
Cify of Tamarac Purchasin2 and Contracts Division
16. State the name of Surety Company which will be providing the bond, and name and address
of agent:
17. Bank References:
Bank Address Telephone
18. 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).
19. State the name of the firm preparing the financial statement and date thereof:
20. Is this financial statement for the identical organization named on page one?
F-1 YES ❑ NO
21. If not, explain the relationship and financial responsibility of the organization whose financial
statement is provided (e.g., parent -subsidiary).
34
-gLtZ of Tamarac
Purchasing and 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
(Narne(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)
❑ Personally known to me, or
❑ Produced identification:
(Type of Identification Produced)
❑ DID take an oath, or
0 DID NOT take an oath
,C�y or Tamarac Purchasing and Contracts Division
NON -COLLUSIVE AFFIDAVIT
State of )
)ss.
County of )
says that:
being first duly sworn, deposes and
1. He/she is the (Owner, Partner, Officer,
Representative or Agent) of , the Offeror that
has submitted the attached Proposal;
2. He/she is fully informed respecting the preparation and contents of the attached Proposal
and of all pertinent circumstances respecting such Proposal;
3. Such Proposal is genuine and is not a collusive or sham Proposal;
4. 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;
5. 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:
M
Witness
Witness
Printed Name
Title
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)
❑ Personally known to me, or
❑ Produced identification:
(Type of Identification Produced)
❑ DID take an oath, or ❑ DID NOT take an oath
City of Tamarac Purchasing and 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 PROPOSALS - Preference may be given to businesses with drug -free
workplace programs. Whenever two or more proposals that are equal with respect to price,
quality, and service are received by the State or by any political subdivision forthe 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 proposals 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:
1. 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.
2. 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.
3. Give each employee engaged in providing the commodities or contractual services that are
under bid a copy of the statement specified in subsection (1).
4. 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.
5. 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.
6. 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 Company Name
m
Ciy of Tamarac I IPurchasing and Contracts Division
SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a),
FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES
THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER
OFFICER AUTHORIZED TO ADMINISTER OATHS.
1. This sworn statement is submitted with Bid, Proposal or Contract No.
to the City of Tamarac for
2. This sworn statement is submitted by
(Name of entity submitting sworn statement)
Federal Employer Identification Number (FEIN)
(If the entity has no FEIN, include the Social Security Number of the individual signing this
sworn statement:
3. My name is
(Print name of individual signing)
My relationship to the entity named above is
4. 1 understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida
Statutes, means a violation of any state or federal law by a person with respect to and
directly related to the transaction of business with any public entity or with an agency or
political subdivision of any other state or with the United States, including, but not limited to,
any bid or contract for goods or services, any lease for real property, or any contract for the
construction or repair of a public building or public work, involving antitrust, fraud, theft,
bribery, collusion, racketeering, conspiracy, or material misrepresentation.
5. 1 understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida
Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an
adjudication of guilt, in any federal or state trial court of record relating to charges brought by
indictment or information after July 1, 1989, as a result of a jury verdict, non jury trial, or
entity of a plea of guilt or nolo contendere.
6. 1 understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes,
means:
a. A predecessor or successor of a person convicted of a public entity crime: or
b. An entity under the control of any natural person who is active in the management of the
entity and who has been convicted of a public entity crime. The term "affiliate" includes
those officers, directors, executives, partners, shareholders, employees, members, and
agents who are active in the management of an affiliate. The owner by one person of
shares constituting a controlling interest in another person, or a pooling of equipment or
income among persons when not for fair market value under an arm's length agreement,
shall be a prima facie case that one person controls another person. A person who has
been convicted of a public entity crime in Florida during the preceding 36 months shall
be considered an affiliate.
39
City of Tamarac Purchasinq and Contracts Division
7. 1 understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes, means
any natural person or entity organized under.the laws of any state or of the United States
with the legal power to enter into a binding contract and which bids or applies to bid on
contracts led by a public entity or which otherwise transacts or applies to transact business
with a public entity. The term "person" includes those officers, directors, executives,
partners, shareholders, employees, members and agents who are active in management of
an entity.
8. Based on information and belief, the statement, which I have marked below, is true in
relation to the entity submitting this sworn statement. (Please indicate which statement
applies.)
Neither the entity submitting this sworn statement, nor any of its officers, directors,
executives, partners, shareholders, employees, members, or agents who are active in
the management of the entity, nor any affiliate of the entity were charged with and
convicted of a public entity crime after July 1, 1989.
The entity submitting this sworn statement, or one or more of the officers, directors,
executives, partners, shareholders, employees, members, or agents who are active in
the management of the entity, or an affiliate of the entity was charged with and
convicted of a public entity crime after July 1, 1989.
The entity submitting this sworn statement, or one of its officers, director, executives,
partners, shareholders, employees, members, or agents who are active in the
management of the entity, or the affiliate of the entity has been charged with and
convicted of a public entity crime subsequent to July 1, 1989.
However, there has been a subsequent proceeding before a Hearing Officer of the State of
Florida, Division of Administrative Hearings and the Final Order entered by the Hearing
Officer determined that it was not in the public interest to place the entity submitting this
sworn statement on the convicted vendor list. (Attach a copy of the final order.)
I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER
FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH (ONE) ABOVE, IS FOR THAT PUBLIC
ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE
CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO
INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE
THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES FOR
CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM.
(Signature)
(Date)
Ci!Z of Tamarac ' . Purchasing and Contracts Division_
ACKNOWLEDGMENT
State of Florida
County of
On this the day of , 20, before me, the undersigned Notary Public of the
State of Florida, personally appeared
=
(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)
❑ Personally known to me, or
❑ Produced identification:
(Type of Identification Produced)
❑ DID take an oath, or ❑ DID NOT take an oath
41
City of, Tamarac Purchasing and Contracts Division
FORM AGREEMENT
BETWEEN THE CITY OF TAMARAC
AND
THIS AGREEMENT is made and entered into this _ day of , 20=,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
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. 13-02R,
"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 . 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 12-03R as issued by the City, and the Contractor's Proposal,
RFP 13-02R 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 58th Ave., Tamarac, Florida.
2.1.2 Contractor shall provide a lifeguard staff with minimum age of 16 years old.
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 commencement of services 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 all performance requirements, hold all licenses or
certifications, and provide employees with the appropriate experience as outlined in
42
Cif of Tamarac Purchasing and Contracts Division
the Section V "Statement of Work" of the RFP 13-02R as issued by the City.
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 or proposal 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.
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
5.1.1 Annual Operational Fee: The City shall pay to the Contractor an operational fee not
to exceed Dollars and Cents ($XX) in
accordance with the "Schedule of Payments" included herein as
5.1.2 Annual Management Fee: In addition to the Annual Operational Fee, 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
43
City or Tamarac Purchasing and Contracts Division
5.1.2.1 Gate Revenues: The City shall pay to the Contractor, a sum equaling XX% of
all gate revenues related to the swimming pool facility as defined in the "Schedule of
Payments" included herein as The additional XX% 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 XX%
of all class/program revenues as defined in the "Schedule of Payments" included
herein as The additional XX% of revenues shall be retained by the
City.
5.1.2.3 The Contractor shall be entitled to a minimum guaranteed annual Management Fee
of $ . In the event that the annual aggregate revenues in paragraphs
5.1.2.1 and 5.1.2.2 of this Agreement when dispersed to the Contractor total less
than the minimum guaranteed annual Management fee at the end of the contract
year, the City shall make a lump sum payment to the Contractor, which reflects the
difference between the established Annual Management Fee and the actual total of
aggregate revenues dispersed. Such lump sum payment shall be made in arrears.
In the event that revenues completely cover the minimum management fee, the City
will not be liable for payment of the fee for that contract year; however, Contractor
will continue to receive revenue from the contracted percentage of gate and
class/program fees.
5.1.3 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:
5.1.3.1 City shall compensate the Contractor at a rate of $XX per hour plus actual labor
costs.
5.1.3.2 Contractor will determine amount of lifeguards needed based on size and scope of
program.
6) Performance Guarantees
The City requires the Contractor to meet certain performance guarantees in support of the
City's Strategic Mission, Vision and Goals, while performing under this Agreement. The Contractor
shall agree to the following:
6.1 During _the normal course of business, the City provides on -site transactional surveys
regarding the operation and services provided at the Caporella Aquatic Center. A copy of
the Survey is included herein as Exhibit A. The Contractor shall have a goal of receiving
positive rankings of 'A" or "T for % of the surveys received that relate the Caporella
Aquatic Center on a monthly basis.
6.2 The City desires that the Contractor expand existing programs available at the Caporella
Aquatic Center in order to provide for a more diverse use of the facility. The Contractor shall
be responsible for meeting the following programming goals for each of the two (2) years of
the initial term of this Agreement. Goals for any additional extension of this Agreement will
be determined at the time of such renewal as applicable.
44
City of Tamarac
Purchasin2 and Contracts Division
6.2.1 During year one (1) of the Agreement, Contractor shall add new programs,
with an enrollment of at least % of the class capacity.
6.2.2 During year two (2) of the Agreement, Contractor shall maintain the programs,
in place at the end of the year one (1) at % of the class capacity, and shall add at
least additional programs with an enrollment of at least % of class capacity.
6.3 The City_will monitor the Contractor's progress on each of the goals on a monthly basis, and
shall provide appropriate feedback to the Contractor at a minimum of once per month,
regarding the Contractor's process.
6.4 The City reserves the right to withhold up to ten percent (10%) of the Contractor's monthly
Management Fee on a month by month basis under the following conditions
6.4.1 In the event that the Contractor fails to meet the required goal for transactional
survey responses per the requirements of Section 6.1 herein for a period of three (3)
consecutive months. Ten percent (10%) of the monthly Management Fee will be
withheld for each of month following the non -compliant three (3) month period, until
transactional survey scores return to the level required by Section 6.1 herein.
6.4.2 The Contractor fails to meet the required goal for the establishment of six (6)
programs to be in place by the one (1) year anniversary date of the Agreement for
year one (1); or fails to meet the required goal for establishment of three (3)
programs to be in place within nine (9) months after the one (1). year anniversary
date of the Agreement, as enumerated in Section 6.1 herein. Ten percent (10%) of
the monthly Management Fee will be withheld for each month following the specific
benchmark date shown in Section 6.4.2 until Contractor is compliant with the
requirements of Section 6.2 herein.
6.5 In the event that the Contractor fails to comply with the requirements of Sections 6.1 and 6.2
herein, for a period of six (6) consecutive months, the City reserves the right to take
additional corrective actions including, but not limited to remedies outlines in Sections 9
(Remedies) and 15 (Termination).
7) 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
10th day of each month.
All payments. shall be governed by the Florida Prompt Payment Act, F.S., Part VI I, Chapter
218
8) Indemnification
8.1 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
45
City of Tamarac Purchasing and Contracts Division
hold harmless the City, their agents, elected officials and employees from and against all
claims, actions, liabilities, losses (including economic losses), 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 cost of expenses, including attorney's fees, incurred by the City to enforce this
agreement shall be borne by the Contractor.
8.1.1 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.
8.1.2 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 attorneys fees (including appellate
attorneys fees) and costs.
8.1.3 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.
9) Remedies
9.1 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.
9.2 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.
10) Change Orders or Agreement Amendments
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 or agreement
amendment until such document setting forth the adjustments is approved by the City, and executed
46
.2tz of Tamarac Purchasing and Contracts Division
by the City and Contractor. Once the change order or agreement amendment 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 or agreement amendment. A
fully executed change order / agreement amendment 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 or agreement amendment 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 necessaryto complete the work. The cost of
any work covered by a change order or agreement amendment 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.
11) Non -Discrimination & Equal Opportunity Employment
During the performance of the Contract, the Contractor shall not discriminate against any
employee or applicant for employment because of race, color, sex, religion, age, national origin,
marital status, political affiliation, familial status, sexual orientation, or disability if qualified. The
Contractor will take affirmative action to ensure that employees are treated during employment,
without regard to their race, color, sex, religion, age, national origin, marital status, political affiliation,
familial status, sexual orientation, or disability if qualified. 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 Contractor 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 Contractor further agrees
that he/she will ensure that Sub -Contractors, if any, will be made aware of and will comply with this
nondiscrimination clause.
12) 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
47
KRI
Cif 71f of Tamarac Purchasing,and Contracts Division
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.
13) 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.
14) 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
With a copy to City Attorney at the following address:
Goren, Cherof, Doody & Ezrol, P.A.
3099 East Commercial Blvd., Suite 200
Fort Lauderdale, FL 33308
CONTRACTOR
15) Termination
15.1 Termination for Convenience: This Agreement may be terminated by the City for
convenience, upon seven (7) days of written notice by the City to the Contractor 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
48
termination.
15.2 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.
16) Uncontrollable Forces
16.1 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.
16.2 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
and uncontrollable forces preventing continued performance of the obligations of this
Agreement.
16.3 In the event that the Aquatic Center facility is closed due to uncontrollable forces as
indicated in Section 15.1 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.
17) 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.
18) 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.
19) Signatory Authority
The Contractor shall provide the City with copies of requisite documentation evidencing that
49
City of Tamarac
Purchasing and Contracts Divisiw
the signatory for Contractor has the authority to enter into this Agreement.
20) 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.
21) 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.
22) 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.
22) Budgetary Constraints
In the event the City is required to reduce contract costs due to budgetary constraints, all
services specified in this document may be subject to a permanent or temporary reduction in
budget. In such an event, the total cost for the affected service shall be reduced as
required. The Contractor shall also be provided with a minimum 30-day notice prior to any
such reduction in budget.
Remainder of Page Intentionally Blank
50
Ci af Tamarac
Purchasing and ContractsDivision_
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:
Peter M.J. Richardson, CRM, CIVIC
City Clerk
Date
ATTEST:
(Corporate Secretary)
Type/Print Name of Corporate Secy.
(CORPORATE SEAL)
CITY OF TAMARAC
Beth Talabisco, Mayor
Date
Michael C. Cernech, City Manager
Date:
Approved as to form and legal sufficiency:
City Attorney
Company Name
Signature of President/Owner
Type/Print Name of President/Owner
Date
51
s
City of Tamarac Purchasing and 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
, 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 120
Signature of Notary Public
State of Florida at Large
Print, Type or Stamp
Name of Notary Public
❑ Personally known to me or
F-1 Produced Identification
Type of I.D. Produced
M DID take an oath, or
❑ DID NOT take an oath.
52
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Temp. Reso. #12283
Exhibit 3
gLtZ of Tamarac ' ' Purchasing and Contracts Division
PROPOSAL PRICING FORM
RFP 12-02R
SWIMMING POOL MANAGEMENT SERVICES
1. Annual operational Fee. Please state the proposed not -to -exceed amount for an annual
guaranteed minimum fixed fee for services to be provided:
$ 294, 376.90
2. Annual Minimum Management Fee. In addition to the Annual Operational Fee, upon
opening of the facility, the City agrees to pay the Contractor an Annual Minimum
Management Fee, which shall be in the form of shared revenues with the Contractor, based
on the revenue percentages provided below. In the event that the Contractor's portion of
shared revenue is less than the Annual Minimum Management Fee, the City shall provide a
single lump sum payment in arrears. The Minimum Management Fee shall be as follows:
$ 25, 000.00
Components of the Annual Minimum Manauement Fee:
Gate Revenue. It is anticipated that this Agreement will provide for revenue sharing of
proceeds collected for admission to the Aquatic Center. The amount of revenue paid to the
Contractor should be expressed as a percentage of total revenue collected at the gate. The
City shall pay the Contractor the following percentage of gate revenue, with the remainder to
be retained by the City:
_50_% of total gate revenue
Class/Program Revenue. Per the scope of this proposal, Contractor shall provide
various classes and programs to participants at the Aquatic Center, and it is anticipated that
such revenue will be shared with the City. The amount of revenue paid to the Contractor
should be expressed as a percentage of total revenue collected for classes or programs
provided by the Contractor. The City shall pay the Contractor the following percentage of
class/revenue, with the remainder to be retained by the City:
_80_% of total class/program revenue
TOTAL COST: (Annual _Operating Fee + Ann
E
Additional Costs
.
Cost for After Hours Use. Occasionally, the City may program special events, or require that
Contractor's staff be on -site after normal business hours. Please indicate the hourly cost, in addition
to labor costs, to keep the facility open during non -business hours:
$_125,0" / hour
25
2Z of Tamarac ' ' Purchasing and Contracts Division
PROPOSAL SUBMITTED BY:
Company Name: Jeff Ellis Management, LLC.
-Address: 508 Goldenmoss Loop
City: Ocoee State: FL
Zip: 3_4761
Telephone: 1 (800) 742-8720 FAX: 8„00) 787-8950
Email: filainexinelliM His.com
The City of Tamarac desires to have the ability to use a city credit card for payment. Will your
firm accept a Visa credit card as payment from the City of Tamarac?
x Yes No
NOTE: To be considered eligible for award, one (1) original copy of this 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.
26
COMPANY NAME: (Please Print):Jeff Ellis Management, LLC.
Phone: 1 (800) 742-8720 ext. 101 Fax:1 (8001787-8950
BEFORE SUBMITTING YOUR PROPOSAL, MAKE SURE YOU...
1. Carefully read the General Terms &Conditions, Special Conditions and the General
Requirements.
F� 2. Provide a Technical Proposal and Work Plan.
3 Include a CosUPrice/Revenue Proposal (See Proposal Form).
[] 4 Include your Schedule of implementation and staffing plan
❑ 5. Sign the Certification page. Failure to do so will result in your Bid being deemed non-
responsive.
❑ 6. Fill out and sign the Certified Resolution for firm's own corporate resolution).
❑ 7. Fill out and sign the Non -Collusive Affidavit and have it properly notarized. Fill out the
Offeror's Qualification Statement and Reference Form.
[] 8 Sign the Vendor Drug Free Workplace Form.
❑ 9 Sign and notarize the Non -Collusive Affidavit Form.
Ej 10 Include proof of applicable insurance
[111 List any Sub -Contractor to be used, if applicable
❑ 12 Include all necessary Financial Statements as may be requested.
E] 13 Provide any additional documentation requested within the Proposal Document.
14 Submit ONE (1) Original AND the number of copies requested in the Proposal
Instructions. Clearly mark the sealed container with the PROPOSAL NUMBER AND
PROPOSAL NAME on the outside of the package.
Make sure your Proposal is submitted PRIOR to the deadline.
Late Proposals will not be accepted.
Failure to provide the requested attachments may result in your proposal
being deemed non -responsive.
THIS SHOULD BE THE FIRST PAGE of YOUR PROPOSAL.
27
_Pity of Tamarac " ' Purchasing and Contracts Division
REFERENCES
NOTE: THIS SECTION IS OPTX)NAL, since the City will be using a third party firm to check
references on our behalf. Cooperation with the third party firm, however, is mandatory.
Specifically, if your organization becomes a finalist for this project, you will be required to
utilize eVendorSelect, who has been selected by the City to provide an online third parry
reference checking process. Your references will be asked to complete a brief, Confidential survey
IO#her than being vontat.; by telephone. Finalists will receive an email with further instructions
directly from the eVendorSelect after the bid opening.
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
Jeff Eris Mana ement, LLC.
508 Goldenmoss Loop
Ocoee, FL 34761
1 800 742-8720 Fax:800-787-8950
Elaine. cinelli 'ellis.com
.City of North Lauderdale
701 SW 71 st Ave
North Lauderdale FL 33068
954 724-7063
Mike Sar is
City of Dania Beach
2901 SW 52"d Street
Dania Beach, FL 33004
_'(954 985-4401
Mark Jensen
Fox Valley Park District
712 South River Drive
Aurora, IL 60507
630 907-9600
Laurie Hoffman
28
gLtX of Tamarac Purchasing and Contracts Division
CERTIFICATION
THIS DOCUMENT MUST BE SUBMITTED WITH THE PROPOSAL
We (1), the undersigned, hereby agree to furnish the items)/service(s) described in the
Invitation to Bid. We (I) 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 n PARTNERSHIP 0
If "Other', Explain:
JjCt�.e,
Authorized Signature
Elaine Cinelli
Typed/Printed Name
800-742-8720 ext.101
Telephone
800-787-8950
Fax
CORPORATION n OTHER ❑
. / I
Company Name
Jeff Ellis Management LLC.
Address
508 Goldenmoss Loop
City, State, ZIP
O_ coee l=L, 34761
Federal Tax ID !Number
Elaine.cinelli@jellis.com 20-1287437
Email address for above signer (if any)
29
.gEtZ of Tamarac Purchasinq and Contracts Division
CERTIFIED RESOLUTION
1, Elaine Cinelli, the duly elected Secretary of Jeff Ellis Management, LLC. , a corporation 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 Elaine Cinelli, the duly elected Vice President/CFO 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.
1 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
Jeff Ellis
Elaine Cinelli
Johnny Quest
TITLE
President
V.P. /Secretary
Director
Given under my hand and the Seal of the said corporation this
(SEAL)
NOTE:
By:
ay of
Secretary
vkcc TtES1C>er�'101P 1F; r%ANX.LX_-
Corporate Title
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.
30
gLty of Tamarac Purchasin and Contracts 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 88th Avenue
Tamarac, Florida 33321
Submitted By: Jeff Ellis Management, LLC.
Name: Elaine Cinelli
Address: 508 Goldenmoss Loo
City, State, Zip Ocoee FL 34761
Telephone No. 1 800 742-8720 ext. 101
Fax No. 1 800 787-8950
Check One
Corporation
[0 Partnership
El Individual
❑ Other
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 Goldenmoss Loop; Ocoee, FL 34761
1. If Offeror is a corporation, answer the following:
a) Date of Incorporation:
b) State of Incorporation:
c) President's name:
d) Vice President's name:
e) Secretary's name:
f) Treasurer's name:
g) Name and address of Resident Agent:
31
gLtZ of Tamarac ' ' Purchasing and Contracts Division
2. If Offeror is an individual or a partnership, answer the following:
h) Date of organization: 7/6/2004
i) Name, address and ownership units of all partners:
Jeff Ellis 13001 Mulberry Park Dr unit 125. Orlando, FL 32821 65%
Elaine Cinelli 11732 Delwick Dr. Windermere, FL 34786 20%
Johnny Quest 11732 Delwick Dr. Windermere, FL 34786 15%
State whether general or limited partnership: .
� g p p Limited partnersh�p
.ru..rrrr.r wrr.r.r....rr�r
3. If Offeror is other than an individual, corporation or partnership, describe the organization and
give the name and address of principals:
N/A
4. If Offeror is operating under a fictitious name, submit evidence of compliance with the Florida
Fictitious Name Statute.
5. How many years has your organization been in business under its present business name?
7 years,
a) Under what other former names has your organization operated?
Jeff Ellis & Associates, Inc.
6. 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
7.
AS
registration.
L03000037019
Have you personally inspected the site of the proposed work?
x YES (:1 NO
Do you have a complete set of proposal documents, including addenda?
X YES M NO
32
q4 of Tamarac Purchasing and Contracts Division
9. Have you ever failed to complete any work awarded to you? If so, state when, where and why:
No
10. 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 Tele one
Mike Sargis 701 SW 71 st Ave 954-551-5592
N. Lauderdale P&R N. Lauderdale, FL 33068
James Capek 37 W267 Weld Road 847-741-1716
GM of Elgin Country Club Elgin, IL 60123
Laurie Hoffman 712 S. River Drive 630-907-9600
Fox Valley Park District Aurora IL 60507
11. Are any owners, principals, officers or employees of the proposer serve as an owner, principal,
officer or employee of any other organization engaged in similar services to those required by
this proposal? x Yes�No. If yes, please state the name of the individual or individuals
below, the name of the organization, and the capacity of the individual in the organization.
Jeff Ellis, Jeff Ellis & Associates,inc. President
Elaine Cinelli, Jeff Ellis & Associates,lnc. V.P of Business and Finance
Johnny Quest, Jeff Ellis & Associates, Inc. Director of Aquatic Risk Management
Benjamin Strong, Jeff Ellis & Associates,lnc. Director of Operation
12. List the pertinent experience of the key individuals of your organization (continue on insert
sheet, if necessary).
Jeff Ellis- Legal Expert Witness of Aquatic Risk Mana
Ben Strong- Director of Operation
Susan Ellis- Area District Manager
13. State the name of the individual who will have personal supervision of the work:
Susan Ellis
14. 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:
Jeff Ellis 65%
Elaine Cinelli 20%
Johnny Quest 15%
15. State the names, addresses and the type of business(es)of all firms that are partially orwholly
owned by Offeror:
NIA
33
Cit of Tamarac ' ' PurchaSOq and Contracts Division
16. State the name of Surety Company which will be providing the bond, and name and address
of agent:
N/A
17. Bank References:
Bank Address Tele one
Bank of America 390 N. Orange Ave. Suite 700 407-420-2726
Orlando FL 32801
18. 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).
19. State the name of the firm preparing the financial statement and date thereof:
Self Prepared ,11 /8/2012
20. Is this financial statement for the identical organization named on page one?
0 YES ❑ NO
21. If not, explain the relationship and financial responsibility of the organization whose financial
statement is provided (e.g., parent -subsidiary).
34
gLtZof Tamarac ` ' ' ' Purchasing and 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 FL
County of Orange
On this the 8th day of November..., 2012., before me,
the undersigned Notary Public of the State of Florida, personally appeared
Elaine Cinelli 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:
35
No
Notary Pudic - State of Fio M&
. my comm. Expires dan 3, 2015
commiss o # EE 37824
Stamp, or Type as Commissioned)
L( Personally known to me, or
❑ Produced identification:
(Type of Identification Produced)
ID DID take an oath, or
0 DID NOT take an oath
City of Tamarac Pumhasing and Contracts Division
NON -COLLUSIVE AFFIDAVIT
State of FL
County of Orange
Elaine Cinelli being first duly sworn, deposes and says that:
H is the Partner (Owner, artner Officer, Representative or Agent) of Jeff Ellis
Mana ment, LLC., the Offeror that as submitted the attached Proposal;
2. He/she is fully informed respecting the preparation and contents of the attached Proposal
and of all pertinent circumstances respecting such Proposal;
3. Such Proposal is genuine and is not a collusive or sham Proposal;
4. Neither the said Offeror nor any of its officers, partners, owners, agents, representatives,
employees or parties in interest, including this affiant, have in anyway 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;
5. 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.
Sinned. sealed and delivered in the presence of:
BY
let; V1 e-
Printed Name
k I i C E. 0,0POC
Title
4&0 04( '1P % ^ A0 C.0
36
QtZ of Tamarac Purchasing and Contracts Division
ACKNOWLEDGMENT
NON -COLLUSIVE AFFIDAVIT
State of Florida
County of lei r �-n �
On this the ��`"day of ��y C e0 1 �before me, the undersigned Notary Public of
the State of Florida, personally appeared
'e,
(Name(s) of individual(s) who appeared before notary)
and
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:
NOTA Y,. C, STAB GRID,
Notary Public - State of Florift
My Comm. Expires Jan 312013
�'•a�__ COMmission #F EE 37824
Stamp, or Type as Commissioned}
v'" Y
Personall known to me or
Q Produced identification:
(Type of Identification Produced)
0 DID take an oath, or 0 DID NOT take an oath
37
City of Tamarac Purchasing and 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 PROPOSALS - Preference may be given to businesses with drug -free
workplace programs. Whenever two or more proposals 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 proposals 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:
1. 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.
2. 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.
3. Give each employee engaged in providing the commodities or contractual services that are
under bid a copy of the statement specified in subsection (1).
4. 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 polo 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.
5. 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.
6. 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.
4ftt
Authorized Signature
Company Name
38
fit of Tamarac Purchasing and Contracts Division
SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a),
FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES
THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER
OFFICER AUTHORIZED TO ADMINISTER OATHS.
1. This sworn statement is submitted with Bid, Proposal or Contract No. RFP 13-02R to the
City of Tamarac for Swimming „Pool Management Services
2. This sworn statement is submitted by Jeff Ellis Management., LLC.
(Name of entity submitting sworn statement)
Federal Employer Identification Number (FEIN) 20-1287437
(if the entity has no FEIN, include the Social Security Number of the individual signing this
sworn statement:
3. My name is Elaine Cinelli (Print name of individual signing)
My relationship to the entity named above is Partner
4. 1 understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida
Statutes, means a violation of any state or federal law by a person with respect to and
directly related to the transaction of business with any public entity or with an agency or
political subdivision of any other state or with the United States, including, but not limited to,
any bid or contract for goods or services, any lease for real property, or any contract for the
construction or repair of a public building or public work, involving antitrust, fraud, theft,
bribery, collusion, racketeering, conspiracy, or material misrepresentation.
5. 1 understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida
tatutes, means a finding of guilt or a conviction of a public entity crime, with or without an
adjudication of guilt, in any federal or state trial court of record relating to charges brought by
indictment or information after July 19 1989, as a result of a jury verdict, non -jury trial, or
entity of a plea of guilt or nolo contendere.
6. 1 understand that an "affiliate" as defined in Paragraph 287.133(1 )(a), Florida Statutes,
means:
a. A predecessor or successor of a person convicted of a public entity crime: or
b. An entity under the control of any natural person who is active in the management of the
entity and who has been convicted of a public entity crime. The term "affiliate" includes
those officers, directors, executives, partners, shareholders, employees, members, and
agents who are active in the management of an affiliate. The owner by one person of
shares constituting a controlling interest in another person, or a pooling of equipment or
income among persons when not for fair market value under an arm's length agreement,
shall be a prima facie case that one person controls another person. A person who has
been convicted of a public entity crime in Florida during the preceding 36 months shall
be considered an affiliate.
39
City of Tamarac ' ' ' ` Purchasing and Contracts Division
7. 1 understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes, means
any natural person or entity organized under the laws of any state or of the United States
with the legal power to enter into a binding contract and which bids or applies to bid on
contracts led by a public entity or which otherwise transacts or applies to transact business
with a public entity. The term "person" includes those officers, directors, executives,
partners, shareholders, employees, members and agents who are active in management of
an entity.
8. Based on information and belief, the statement, which i have marked below, is true in
relation to the entity submitting this sworn statement. (Please indicate which statement
applies.)
Neither the entity submitting this sworn statement, nor any of its officers, directors,
executives, partners, shareholders, employees, members, or agents who are active in
the management of the entity, nor any affiliate of the entity were charged with and
convicted of a public entity crime after July 1, 1989.
The entity submitting this sworn statement, or one or more of the officers, directors,
executives, partners, shareholders, employees, members, or agents who are active in
the management of the entity, or an affiliate of the entity was charged with and
convicted of a public entity crime after July 1, 1989.
The entity submitting this sworn statement, or one of its officers, director, executives,
partners, shareholders, employees, members, or agents who are active in the
management of the entity, or the affiliate of the entity has been charged with and
convicted of a public entity crime subsequent to July 1, 1989.
However, there has been a subsequent proceeding before a Hearing Officer of the State of
Florida, Division of Administrative Hearings and the Final Order entered by the Hearing
Officer determined that it was not in the public interest to place the entity submitting this
sworn statement on the convicted vendor list. (Attach a copy of the final order.)
1 UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER
FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH (ONE) ABOVE, IS FOR THAT PUBLIC
ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE
CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT 1 AM REQUIRED TO
INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE
THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES FOR
CATEGORY TWO OF ANY CHANGE IN THE INFORM TIC ON ONTAI ED IN THIS FORM.
. � Cam=
(Signature)
(Date)
40
City of Tamarac Purchasing and Contracts Division
ACKNOWLEDGMENT
State of Florida
County of �
On this the 4*4"" day of .jL , 20L�, 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:
NOT
Notary Public • State of Florida
• My Comm. Expires Jan 3, 2015
Commission # EE 37824
(Name of Notary public-Pn
Stamp, or Type as Commissioned)
900�rsonally known to me, or
11 Produced identification:
(Type of Identification Produced)
0 DID take an oath, or 0 DID NOT take an oath
41
Jeff E111*s Management, LLC
f. 4 .117!`1' 1
Aquatic Facility Management
Technical Proposal
City of Tamarac, Florida
RFP NO, 13-02R
EXECUTIVE SUMMARY
Objective
Jeff Ellis Management. LLC. hereinafter referred to as "JEM desires to gender professional aquatic facility
managerent services for the Caporella Aquatic Center owned by the City of Tamarac, Florida, hereinafter
referred to as "Tamarac". Accordingly, "JEM" submits this technicai aquatic facility management proposal for the
consideration of officials representing "Tamarac" as set forth and pursuant to RFF' #13-02Ft.
"JEM" History/Qualifications
"JE11 " operates as a professional management -consulting firm under the Jeff Ellis & Associates; Inc. lines of
business umbrella. Along with Ellis & Associates (founded in 198.31), Jeff Ellis International, Jeff Ellis Korea LTD.,
ILTIPT" Training Center and Jeff Ellis Swimming, the firm provides client services across the United States and in
fourteen countries throughout the world. "JEM'' annually employs more then 900 employees to manage public
swimming pools ;including the Caporella Aquatic: Center since its initial opening j. leisure aquatic resorts including
Disney's Aulani Resort in Hawaii, and waterparks nationwide, The "Ellis" brand is credited with revolutionizing
lifeguarding and has gained an international reputation for providing exceptional aquatic safety, risk and facility
management services evidenced by its prestigious list of clients. Accordingly,, `JEM" and "Ellis" brand names are
synonymous with aquatic safety and remains our primary professional focus. Every one of our aquatic tacility
management clients possesses stellar safety records that remain w-imatched by any other nationally .recognized
service provider. We take prime in noting that no "JEM" client has ever experienced a catastrophic or drowning
accident since beginning our aquatic: facility management business line in 2003. As part of the "Ellis Family" of
business lines, "JEM." strives to deliver innovative and state-oi-the-art services for the aquatic facilities it manages
on behalf of its clients. We are proud to be regarded by most professionals in the aquatic's industry as one of the
premier leaders for management, safety and risk accountability.
Goals
''JEM" strives to provide the Caporella Aquatic Center with aquatic facility management services that result in
quality, efficient and cost effective operations. By combining "state-ot-the-art" technology with site -specific
operational processes, "JEM consistently creates an Inviting aquatic recreational environment that delivers an
exceptional guest experience for visitors frequenting the Caporella Aquatic Centet . our "JEM" aquatic
management system incorporates five (5) integrated components including custorer service, programming,
operations, training and auditing plans exclusively designed to assure operational consistency while maintaining
the highest operating standards available to the contemporary aquatic industry.
"JEW internally trains and credentials its employees to assure accountability. The "Ellis ILTPT""" training
programs used to train "JEM" employees are used by most waterparks, resort/hotels in the United States as well
as other prestigious aquatic facilities throughout the world.
"JEM" is the only aquatic facility management company to operate an independent risk management division to
assure compliance with our operating standards. We provide a minimum of five comprehensive aquatic safety
audits for our client aquatic facilities to assure the highest degree of safety and customer experience for our
guests.
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Overview
Approaching ten years of unparalleled standards in aquatic facility management, our program boasts levels of
safety and professionalism one would expect from a world -class resort. From the sandy beaches of South Florida.
to Disney's brand new Aulani resort in Hawaii, the Jeff Ellis Management teams objective is simple: To provide
the absolute highest standards of aquatic safety in a positive and professional manner. our staff receives ongoing
training in areas of accident prevention, emergency procedures, and customer service. This assures that your
guests will have an enjoyable experience at a Jeff Ellis Managed facility, and most importantly a safe one.
We proudly acknowledge the tact that our firm was originally selected to provide aquatic facility management
services for the City of Tamarac from the opening day of its CaporellQ Aquatic Center and have serviced your
community without interruption to the present time. We believe the historical facts regarding our service efforts
merits your continued confidence in our firm by renewing our current service agreement.
Our "Ellis" brand maintains a highly visible presence in the Browara county area by continuing to service the
Broward County Parks,. Dania Beach. Borth Lauderdale and Sunrise through either Ellis & Associates or "JEW
lines of business making us a leading aquatic safety and facility management provider for the past twenty-five
years.
Believing that our track record speaks for itself, it is impot`ta.nt to state that we. don't take anxAhing for granted and
seek to earn your confidence and support every day that we provide operational management services for the
Caporella aquatic Center. Accordingly, we welcome the opportunity to continue servicing your community as
your aquatic facility management provider.
E
Services and Deliverables
Under the renewed service agreement, "JEW, will continue to provide the following services for the Caporella
Aquatic Center located at 9300 NW 58th Street Tamarac, Florida 33321,
1. "JEW will license and train lifeguards, instructors and other employees to perform professional aquatic
safety and risk management duties as set forth in the Ellis & Associates "comprehensive Aquatic Risk
Management Program'`.
2. "JEM" will administer, supervise and otherwise manage the Caporella Aquatic Center daily operations as
mutually agreed upon by "Tamarac" and set forth in RFP ` 3-02R Section B Services To Be Provided
items #1.
3. `JEM'" will provide daily general cleaning, sanitation. organization and maintenance for the front gate
area, admissions area, locker roorns, lavatories, showers, pool decks, water attractions, spas, swimming
pools, filtration rooms, pumps and other facility equipment.
4. "JEW will administer, schedule and conduct swimit-ring lessons, coach swim teams and provide other
aquatic educational/recreational programs.
5. '"`JEM" will provide daily "pre-op'ening tasks' to assure an inviting aquatic environment for swimmers.
6. "JEf1 " will assign and schedule managers, supervisors; lifeguards and instructors to safely and effectively
operate the aquatic facility on a daily basis in in accordance with the operating standards set forth in the
Ellis & Associates "comprehensive Aquatic Risk Management Program".
1. "JEM" will provide daily "closing tasks" to assure the aquatic facility is secure and ready for next day
operations.
8. "JE11Il'' will provide an Automatic External Defibrillator (AED), Supplemental oxygen Support Unit, Bag
Valve Mask. oral Suction Device. Rescue Tubes. Life'Jackets, Spinal Management and Extrication Board
and Radios for emergency care of swimmersfrequenting the Caporella Aquatic Center.
9, "JEW will develop and execute an '`Emergency Action Plan" for the Caporella Aquatic center that
complies with the operating standards set forth in the Ellis & Associates `tComprehens ive Aquatic Risk.
Management Program".
10. "JE11/l" will deliver to the client representatives for the City of Tamarac a copy of the current published
operating standards set forth by Ellis & Associates in its "Comprehensive aquatic Risk Management
Program".
I V "JE " will provide monthly operating summary reports for the Caporella Aquatic Center and deliver such
reports to the client representatives for the City of Tamarac, as set forth in RFP 13-02R Section B
Services To Be Provided itern #9.
12. '&JEW agrees to provide and/or comply with all service requirements outlined in RFP 13-02R Section B
Service To Be Provided, RFP 13-02R Section C Minimum Requirements and RFP 13-02.R Section D
Contractor Responsibilities that are not specifically or otherwise described above items.
Dote: A copy of the 2012 Ellis & Associates "Comprehensive Aquatic Risk Management Program" is included with
this technical service proposal.
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Unmatched Professionalism and Proactive Lifeguarding
Accountability is the "Ellis Standard"
Since 1983, Ellis lifeguard training has been
the industry`s "gold" standard for professional
excellence. The safety record achieved by our
clients and employees remains unmatched by
any other national provider of lifeguards and
secures our unquestioned piace as the
industry leader in aquatic, facility and risk
management.
Ellis lifeguard training is recognized as the
"Gold" standard throughout the world and is
widely regarded as the industry leader that
!revolutionized lifeguarding concepts since
1983. While other lifeguard training providers
offer" voluntary accountability services as an
option, the Ellis program remains the only
.mandatory audit -driven lifeguard accountability
program in the United States. We invite you to
compare the lifeguarding performance
exhibited at the Cad orella Aquatic Center
against that of any non -Ellis client in your area
to see the difference for yourself any day and
any time.
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Caporella Aquatic Center Staffing Organization Plan
We have successfully operated the Caporella Aquatic Center since its opening day with the following staffing plan
that assures for the maximum safety of swimmers while providing for efficient and economic daily operations.
Area Manager - The "JEM" area manager provides general oversight for ail aquatic facilities managed by our firm
in South Florida making frequent weekly visits to each client property including the Caporella Aquatic Center. The
area manager serves as the direct liaison between Taniarac`s client representatives and "JEM" administrators..
Area managers have four-year degrees and/or arc graduates of the Jeff Ellis Management Academy WEMA) with
five or more years of experience in the aquatic industry and report to the "JEM" operations director.
Manager — The ":JEM" facility
manager provides daily on -sight
oversight for the Caporella
Aquatic Center and is directly
responsible 'or all operations
including scheduling of staff;
maintenance oversight for the
pools, decks and filter roam, and
programming. Mana ers have
fur- ear degrees and/or JEMA
academv ora.duates wr rve or
more years of protessronal
aquatic management expe . ce.
`fie"'.�Facl�l't
directly to the ".A EW area
manager. In keeping with the
.successful leadership
management model utilized by
Disney and other major aquatic
ecreation providers, "JEM"
rotates all facility managers every
two to three years as part of our
leadership development program.
Supervisor -- The "JEW facility
supervisor provides logistical
support for the fadl ty manager
and oversees daily operations
when the manager is absent.
Supervisors have -ear
ogre s or JEMA a�ad
.graduates ��ith two or rr�ore gears
of professional aquatic
management experience. The
supervisor reports directly to the
facility manager and is rotated
every two to three years.
Seasonal facility supervisors
supplement the full-time staff
during peak attendance periods
for surnrner operations.
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"JEM" Lifeguards and "JES" Swimming Instructors
All "`JEl1 " lifeguard and ``jES" swimming instructor employees receive internal training under the Ellis &
Associates training umbrella, which is widely regarded as the leading aquatic safety provider by most
professionals in the aquatic industry.
Our lifeguard employees receive 24
hours of initial training from the Ellis
International Lifeguard Training
Programrs(:ILTPT'y,.} before being
licensed to perform their duties.
Additionally they are also required to
attend an additional 4 hours of monthly
in-service training during the term of
employment.
,All `JEM" lifeguards are provided
uniforms, radios and rescue equipment
to assure a professional appearance
and proactive rescue capabilities. We
remain the only lifeguard -training
provider to mandate. the use of
supplemental oxygen. AEC and trauma
equipment.
Our "JES swirTrming instructors receive 8 to 24 hours of initial training before being licensed to perform duties
sur-,h as, teaching sif0mming lessons and other instructional based aquatic programs.
All litegua.rds and swimming instructors are licensed and subject to random independent audits for quality assure
and accrauntability purposes.
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Jeff Ellis Swimming Programs (JESTM)
Jeff Ellis Swimming Program Philosophy
The key ingredient to our program is flexibility. We have taken a community based approach to program
administration, which permits tremendous flexibility for the benefit of the individual facilities. We don't believe that
a person Has to possess advanced competitive aquatic skills, attend coUntless hours of instructor training, or
collect a. library of textbooks. Also we don't believe it is necessary to reinvent the wheel in developing our
approach to
swim
instruction.
We believe
that every
successful
swimming
instructor
must possess
the ability to
love children,
the desire to
help therm
learn, and the
capability to
accept
responsibility
for their
safety.
Our
swimming
program uses
an objective driven approach to m ize the individual learning of each participant while recognizing that
children learn best when having fu d engaging in hands on experiences.
Finally, we believe that achieving the primary program objective for each level can be best accomplished by
building upon individualized skill successes rather than through progressive skill development. The instructor
development process for the swimming program will provide ideal teaching ratios and will focus on the need for
each participant to progress at his or her desired pace rather than conforming to the progress of the peer group.
The Caporella Aquatic Center has utilized the Jeff Ellis Swimming program since its opening day and continues to
provide quality -swimming lessons for all ages.
"JEM", works with our client representatives to develop and implement mutually agreed upon instructional
swimming lessons and other aquatic programs to meet community needs and enhance revenue potential. All
"JEM" clients now have global access to the JESTM web -based programming services to advertise and promote
instruction aquatic programs conducted for the Caporelia. Aquatic Center.
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Lifeguard Staffing with Swimmer Protection Zones
As part of it's comprehensive aquatic risk management services afforded to clients. "JEW designed and �
implemented "state-af the -art'' Swinimer Protection Zones for the Caporella Aquatic Center pursuant to and
compliant with the Vigilance Awareness Testing Standards(,P''s published by Ellis & Associates. " BEM" uses the
Swimmer Protection Zones to develop lifeguard -staffing puns for the Caporella Aquatic Center to assure
maximum safety for swimmers regardless of attendance ievels pursuant to our "l0/20 Swimmer Protection Rule"
staffing guidelines. which are a recognized industry standard and shown in the following example:
Zone
The picture below identifies a Lifeguard Assigned Zone of Protection® area for the specific poskioMffeguard
station indicated. This Zone of Protection® area was included in the VAT40 Zone Validation® System
procedure, completed by management of this faoillty, with a separate document supporting this Zone of
i?rolectiorM area's ve lldnion.
AL—
Orge nbi tiion JEM-Tartlereic
Nwne updslod an: Friday, September 21, 2012
Aquatic Facilely Caporadia Aquatic Center
Nome 1 e"W of of Main *2
Pool / M rection
Pr�al.obor# Area
Paw- s CompetitionReQUh a Rescue Tube, UmbnOW Radio,
UfaWard Position Lifeguard Stand - Deck Level SWIP IMI Clipboard
The graphic below depicts the Zone of Protection® Area identified within this document:
S 7'£y'A �� �w, ,' 4
11'tt.t
k " l•••" Y!G''�."r�'.yr�: ��,,.y ,,
'
`77777
«$+t-' �: �i. J•.. � y. ~ '•1.1r.
.�
N.
1 ,
Below, describe the exact position of the Neguaad, equipment to be used, and slowed behavior, Including roving, standing. aft. Also
include any Wdoimation that will be helpful to the lifeguard, Including rules to be enforced for this Zone of Protections arse.
Guest may not dive anywhere around the pool. Guests under 48" must wear a life jacket unless within an arms reach of a guardian. lifeguard is responsible for half of the competition
pool, and must at all times keep the 10/20 Protection Standard, as well as, uphold the 5 minute rule.
®-Jeff Ells d� Associat". Inc. I Client Temp
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Assured Lifeguard Accountability Practices
As part of its
comprehensive aquatic
risk management
services., "JEW
conducts random
unannounced audits to
evaluate and assure
that its employees
consistently provide the
highest quality swimmer
protection and customer
service. Using
sophisticated
surveillance video
equipment. our auditors
capture real-time
employee performance
that measures
attentiveness,
professionalism,,
courtesy and technicai
,orripetency. Results
&re >,.jpioaded in real-
time video clips that
remain available to
client representatives
via a web -based portal
that allows for viewing
at, the client's discretion.
demonstration of this
process is available to
Tamarac
representatives upon
request and allows for
on -going monitoring of
operational
performance.
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... �`. r ....
Service Proposal Fee Schedule Detail
.(2 4IE��1=, will provide the previously identified services set forth in this Aquatic Facility Management Technical
Proposal and RFP #13-02R according to the following fees:
Operating Criteria Assumptions
JEM submits the tollowing seRnce proposal fee schedule to"'Tamarac" based upon assumption of the following
facts and operating criteria:
Labor
Staff Labor Budget item Description
Year 1
Year 2
Total
Management Salaries -Mac ^;d er
$ 44- 000
$ 44,000
IS 88, 000
Management Salaries- Su ervisor
$ 32,000
$. 32.000
$ 64:000
-dequards i_abcr
$ 149.168.25
$ -r 49,168.25
$ 298,336.50
Subtotal Labor
$ 225,168.25
$ 225,168.25
$ 450,336.50
Taxes. Payroll Fees. tNfo►.l:ers. Comp and
Health i its u rance.
S 45.033.65.1
$ 45,033.65
S 90,067.30
Payroll Total
$ 270,201.90
$ 270,201.90
$ 540,403.80
Operating Expenses
Operatin2 Expense Budget Item Description
Year 1
Year 2
Total
Swimming Pool Sanita.ti )n Watet Testing Kit., Testirog
Su lies and aCULIm uu_)Piies;
1300
8300
MOO
tkgUatic Facility Administrative (Office Supplies) lies)
1.200
15; 1,200
$ 2.400
Aquatic Facility Logistical Support (First Aid Su lies)
$ 1,20J
S1.200
$2400
Aquatic Facility In-servirc- Training Support f?raining
-supplies )
$ 565
5
General and Auto, Jabilit\i
$ 8.8190
$ 8,8140
$17,° 8t',
JEM Management Fee
$ 12,000
4 12,0C)U
$24,000
Operating Expense Total
$247175
324,175
$48,350
"JEW Contributions
"JEM" agrees to pay for cost cif swimming pool chemicals to operate the Caporella Aquatic Center for the term of
this service agreement. Rased upon the 2011-2012 financial operating histories, this contribution amounts to
approximately $28,000 annually or a total of $56,000 for the term of this service agreement.
Additionally, "JEW agrees to contribute emergency care and safety equipment for the term of the "Tamarac"
service agreement which amounts to $12,885 annually or a total of $25,710 for the term of this service agreement
and as set forth on the following table.
G JEW" agrees to provide (.at n.o cost to Tavf.ara.c) the Caporella Aquatic Center with the fallowing emerge.DC.7
care and safety equipment for the term of the "Tamarac" service agz eement.
Item Description
Quantity
Unit cost
Tota "i LEW ` Contribution
Automated Electronic Defibrillator (AED) unit
1
@ $2500
$2.500
AED Trainer Unit
1
@ $400
$400
Su plemental Oxygen Support Unit
2
C $400
$800
Bag valve Masks (Adult, Child; Want)
12
@) $ 2 5
$300
Motorola two-wa Radio
10
@ $450
$4,500
CJ•S inal Backboard with head immobilization
2
@ $400
$800
Water Safety Products -Rescue Tube
20
@ $48
$960
Life rackets
5
Cm $35
$2;025
JEM Annual
Contribution
TOTAL
$125885
"JEM" will contribute $28.000 swimming pool chemicals") and $12.885 (emergency/safety equipment) annually or
a grand total contribution of $81,,770 for the term of this service agreement with "Tamarac`'.
Total Service Agreement Fees
Description
Year I
Year 2
Total
Total Labor
$ 270,201.90
$ 2707201, 90
$ 540.403.80
Total.0perating Expenses
$ 24,175
$ 24f 175
$ 48,350
Total Program Fee
$ 25.000
$ 25,000
$ 50.000
Total
Proposed Costs/Fees
$319y376.90
$3195376.90
$6389753-80
Payment Schedule
OwneT, agrees tc► (-,Iiv a15r)veiristafl.meiit p lMits to �rTendor's bush ess ad.c�j es --- tfi.e, specified dehvei;y
dates as f6 lows:
A 1111OU [It DLIe
Aflls umi DUe
-1,i1OL111! Due
+V-noi.wt Due:-
A ID(Wl7l Due
O In or he f ,( i't
f )n or h I (-)rC.
� }11 � ��" i�e'� Ci.4'�,
� t1i : i1' l�C� I (art'
('{11 ()1, �1L fore
$ i O.(X,K),00
% 10,E 00.Ci0
s...153.00
i'?3.('K)
12.153.00
A.n1ount Due on or
Amount Due can or
Annount Dui' on or
Anjount DLIe on or
Amount Due can or
he -fore
be'! Ore
before
hC1,61-e
bef(:)re
06,1 } 1 /1-013 &
0 i /01 /20 I � &.
09/01 /?Q 13. &
09/0 12%0 3 &
10/0 I /201 &
06,101 /22014
0 l/01 /2014
OS/01 122Et 14
09/01 /2014
10/01 /1-014
"2.15 .00
$32.15 �.00
$32.153.00
S 2,153.t
32.153.00
Amount Due on or
Amount Due on or
be -fore
before
1 1/O1/2013 &
1.2/01/2011 &
1 1 /0 ! /2.014
12/01 /2014
$32,153.00
$10.000.00
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City of Tamarac Purchasing and Contracts Division
AGREEMENT
BETWEEN THE CITY OF TAMARAC
JEFF ELLIS MANAGEMENT, LLC
THIS AGREEMENT is made and entered into this I day ofJan%jcozs:�,20 139
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 Jeff Ellis Management, LLC, a
Florida Limited Liability with principal offices located at 508 Goldenmoss Loop, Ocoee,
Florida 34761 (the "Contractor") to provide for Swimming Pool Management Services .
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. 13-02R,
"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. In the event that there is a conflict
between the RFP 12-03R as issued by the City, and the Contractor's Proposal, RFP 13-02R 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 58th Ave., Tamarac, Florida.
2.1.2 Contractor shall provide a lifeguard staff with minimum age of 16 years old.
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 commencement of services 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 all performance requirements, hold all licenses or
1
City of Tamarac Purchasing and Contracts Division
certifications, and provide employees with the appropriate experience as outlined in
the Section V "Statement of Work" of the RFP 13-02R as issued by the City.
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 or proposal 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 on January 1, 2013, 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 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 Two Hundred Ninety -Four Thousand, Three Hundred Seventy -Six Dollars
and Ninety Cents ($294,376.90) in accordance with the "Schedule of Payments"
included herein as Exhibit "A".
6.1.2 Annual Management Fee: In addition to the Annual Operational Fee, the City
agrees to pay the Contractor Management Fee, which shall be in the form of shared
2
revenues with the Contractor, based on the following requirements, in accordance
with the "Schedule of Payments" included herein as 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.
1.1.2.3 The Contractor shall be entitled to a minimum guaranteed annual Management Fee
of Twenty -Five Thousand Dollars and No Cents ($25,000.00). In the event that the
annual aggregate revenues in paragraphs 5.1.2.1 and 5.1.2.2 of this Agreement
when dispersed to the Contractor total less than the minimum guaranteed annual
Management fee at the end of the contract year, the City shall make a lump sum
payment to the Contractor, which reflects the difference between the established
Annual Management Fee and the actual total of aggregate revenues dispersed.
Such lump sum payment shall be made in arrears.
In the event that revenues completely cover the minimum management fee, the City
will not be liable for payment of the fee for that contract year; however, Contractor
will continue to receive revenue from the contracted percentage of gate and
class/program fees.
5.1.3 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:
5.1.3.1 City shall compensate the Contractor at a rate of $125 per hour plus actual labor
costs.
5.1.3.2 Contractor will determine amount of lifeguards needed based on size and scope of
program.
6) Performance Guarantees
The City requires the Contractor to meet certain performance guarantees in support of the
City's Strategic Mission, Vision and Goals, while performing under this Agreement. The Contractor
shall agree to the following:
6.1 During the normal course of business, the City provides on -site transactional surveys
regarding the operation and services provided at the Caporella Aquatic Center. A copy of
the Survey is included herein as Exhibit A. The Contractor shall have a goal of receiving
positive rankings of "4" or "Y for 90% of the surveys received that relate to the Caporella
Aquatic Center on a monthly basis.
6.2 The City desires that the Contractor expand existing programs available at the Caporella
3
Aquatic Center in order to provide for a more diverse use of the facility. The Contractor
shall be responsible for meeting the following programming goals for each of the two (2)
years of the initial term of this Agreement. Goals for any additional extension of this
Agreement will be determined at the time of such renewal as applicable.
6.2.1 During year one (1) of the Agreement, Contractor shall add two (2) new programs,
with an enrollment of at least 60% of the class capacity.
6.2.2 During year two (2) of the Agreement, Contractor shall maintain the programs, in
place at the end of the year one (1) at 78% of the class capacity, and shall add at
least two (2) additional programs with an enrollment of at least 78% of class
capacity.
6.3 The City will monitor the Contractor's progress on each of the goals on a monthly basis, and
shall provide appropriate feedback to the Contractor at a minimum of once per month,
regarding the Contractor's process.
6.4 The City reserves the right to withhold up to ten percent (10%) of the Contractor's monthly
Management Fee on a month by month basis under the following conditions
6.4.1 In the event that the Contractor fails to meet the required goal for transactional
survey responses per the requirements of Section 6.1 herein for a period of three (3)
consecutive months. Ten percent (10%) of the monthly Management Fee will be
withheld for each of month following the non -compliant three (3) month period, until
transactional survey scores return to the level required by Section 6.1 herein.
6.4.2 The Contractor fails to meet the required goal for the establishment of six (6)
programs to be in place by the one (1) year anniversary date of the Agreement for
year one (1); or fails to meet the required goal for establishment of three (3)
programs to be in place within nine (9) months after the one (1) year anniversary
date of the Agreement, as enumerated in Section 6.1 herein. Ten percent (10%) of
the monthly Management Fee will be withheld for each month following the specific
benchmark date shown in Section 6.4.2 until Contractor is compliant with the
requirements of Section 6.2 herein.
6.5 In the event that the Contractor fails to comply with the requirements of Sections 6.1 and 6.2
herein, for a period of six (6) consecutive months, the City reserves the right to take
additional corrective actions including, but not limited to remedies outlines in Sections 9
(Remedies) and 15 (Termination).
7) 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
10th day of each month.
All payments shall be governed by the Florida Prompt Payment Act, F.S., Part VII, Chapter
218
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City of Tamarac Purchasing and Contracts Division
8) Indemnification
8.1 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, their agents, elected officials and employees from and against all
claims, actions, liabilities, losses (including economic losses), 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 cost of expenses, including attorney's fees, incurred by the City to enforce this
agreement shall be borne by the Contractor.
8.1.1 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.
8.1.2 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.
8.1.3 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.
9) Remedies
9.1 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.
9.2 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.
5
10) Change Orders or Agreement Amendments
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 or agreement
amendment until such document setting forth the adjustments is approved by the City, and executed by
the City and Contractor. Once the change order or agreement amendment 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 or agreement amendment. A
fully executed change order /agreement amendment 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 or agreement amendment 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 or agreement amendment 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.
11) Non -Discrimination &Equal Opportunity Employment
During the performance of the Contract, the Contractor shall not discriminate against any
employee or applicant for employment because of race, color, sex, religion, age, national origin,
marital status, political affiliation, familial status, sexual orientation, or disability if qualified. The
Contractor will take affirmative action to ensure that employees are treated during employment,
without regard to their race, color, sex, religion, age, national origin, marital status, political
affiliation, familial status, sexual orientation, or disability if qualified. 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 Contractor shall agree to post in conspicuous
09
City of Tamarac Purchasing and Contracts Division
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 Contractor
further agrees that he/she will ensure that Sub -Contractors, if any, will be made aware of and will
comply with this nondiscrimination clause.
12) 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.
13) 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.
14) 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
With a copy to City Attorney at the following address:
Goren, Cherof, Doody & Ezrol, P.A.
3099 East Commercial Blvd., Suite 200
Fort Lauderdale, FL 33308
7
City of Tamarac Purchasing and Contracts Division
CONTRACTOR
Jeff Ellis Management, LLC
508 Goldenmoss Loop
Ocoee, Florida 34761
Attn: Elaine Cinelli, Vice President
(800) 742-8720 Fax: (800) 787-8950
15) Termination
15.1 Termination for Convenience: This Agreement may be terminated by the City for
convenience, upon seven (7) days of written notice by the City to the Contractor 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.
15.2 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.
16) Uncontrollable Forces
16.1 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.
16.2 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
and uncontrollable forces preventing continued performance of the obligations of this
Agreement.
16.3 In the event that the Aquatic Center facility is closed due to uncontrollable forces as
indicated in Section 15.1 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.
s
Cif of Tamarac Purchasing and Contracts Division
17) 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.
18) 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.
19) 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.
20) 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.
21) 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.
22) 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.
22) Budgetary Constraints
In the event the City is required to reduce contract costs due to budgetary constraints, all
services specified in this document may be subject to a permanent or temporary reduction
in budget. In such an event, the total cost for the affected service shall be reduced as
required. The Contractor shall also be provided with a minimum 30-day notice prior to any
such reduction in budget.
9
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 Vice President, duly
authorized to execute same.
ATTEST:
PCX..
lePatricia A. Teufel, CMC
Interim City Clerk
I TY OFF TAMARAC
Beth Talabisco, Mayor
ernech, City Manager
[ 1—I S • lZ
Date:
Approveas to � rrry�and legal sufficiency:
Date /I 1-11
11
City #fto-rne-y'
ATTEST: JEFF ELLIS MANAGEMENT, LLC
Company Name
Morporate ecretary) 0 Signature of President
..d
Type/Print
OW S
ame of Corporate Secy.
Elaine Cinelli
President
26 i2mw
(CORPORATE SEAL) Dat4
10
City of Tamarac Purchasing and Contracts Division
CORPORATE ACKNOWLEDGEMENT
STATE OF UoQ,.r DR
:SS
COUNTY OF ('E.AnA�
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 Elaine
Cinelli, Vice President of Jeff Ellis Management, LLC, a Florida Limited Liability Company, 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 N VVE H2&4, 20 tZ-
DIEM Nevnw
NOWY Pubk - 8tdo of ROM&
My CQM. EWM Jan S, 2015
Cvn minion #► EE 3M4
14. 0. ~ --A,
Signature of Notary Public
State of Florida at Large
) I -e Y-1-7 0 1 L)4 -e CX
'Print, Type or Stamp
Name of Notary Public
Personally known to me or
❑ Produced Identification
Type of I.D. Produced
M DID take an oath, or
❑ DID NOT take an oath.
11
City of Tamarac HIMMIWArdimmuPurchasing and Contracts Division
Exhibit A
PAYMENT SCHEDULE
1) Effective from the City designated notice to proceed date through Agreement
Term:
1.1 Operational
Fee:
1.1.1
Year One: Fixed
monthly
operational Fee:
$30.375.21 /
month x
eight (8) months
1.1.2
Year One: Fixed
monthly
operational Fee:
$30,375.22 /
month x
one (1) month.
1.1.3
Year One: Fixed
monthly
operational Fee:
7 000 00 / month x three (3) months
1.1.4
Year Two: Fixed
monthly
operational Fee:
$30.375.21 /
month x
eight (8) months
1.1.5
Year Two: Fixed
monthly
operation Fee:
30 375.22 /
month x
one (1) month
1.1.6
Year Two: Fixed
monthly
operation Fee:
7 000.00 / month x three (3) months.
TOTAL
OPERATIONAL
FEE:
$294.376.90
1.2 Management Fee:
1.2.1 Gate Revenue:
• 50%
of gate
revenue to
be
paid to Contractor.
• 50%
of gate
revenue to
be
retained by City.
1.2.2 Class/Program Revenue: **
• 80%
of class/program
revenue to
be
paid to Contractor.
• 20%
of class/program
revenue to
be
retained by City.
1.2.3 Minimum guarantee:
• Contractor shall receive minimum guaranteed revenue of
$25,000.
• If annual aggregate revenues dispersed to Contractor are
less than $25,000, City shall make a 1-time lump sum
payment to Contractor reflecting difference between
annual revenues dispersed, and the $25,000 minimum
guarantee. Such payment shall be made in arrears after
the completion of each full year of the term of this
Agreement.
• Gate Revenue: 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
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City of Tamarac Purchasing► and Contracts Division
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.
MINIMUM MANAGEMENT FEE: $25,000.00
TOTAL MINIMUM FEE: $319,376m9O
(Operational Fee plus Minimum Management Fee)
1.3 Cost for After Hours Use: $125.00 /hour
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