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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 Crty of Tamarac , i �].�w�� jy"�v`�j/�]!��^ {y� s� p'}d ol7 c g+ vi Ep�y''� d i..� i l.f t f C.i •.:3 i k 1 C..d f $ i.+8 �t.$J 1 tra #,.� �s,1 i Y ,f �! i.11 l 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. 17 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 19 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. 20 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. 22 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 M 00 N N N O M T" a N 41 Ici W U) W t� W Z o W ~ 2 Cc W Q W J � OE OE ao � U Z g 3 N T- O N N N E N 0 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. i i„�i �'� 7. �. � i #.�4 �`t ��� �..t � Y � � . JW. t.. `..4 �'e i..5� ; ` ; . Y... t {�"^ •' .••, �� "� � r 1 � 1 t •ti' � i r Y.:: +� -A -4'-a uS .� • #K� �.S t � i t .,. .� - f• , ..._ ;; a 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. l.<[" �... .'\r € ziI"�[{}`nt!� ^J7 i,i { ti~`il1' i...:.f r 't..•�... - '�� ',r-»H.: i' ".ii (r <.� ,!''r �..,�"y J* . i.../�..G. ti.... t...,t ... �,� ���♦ 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. �y='`i �^�;�`�i �1,'�; .# s�.fi `fat'}`1!:..' �. � =•f ^�{ �;,1, 3.-�i�,}J..��. :� .. �' #. T�.:1. ...�i�«..�. �� ��� �'.i.h-' •' .} }"1`.! :�, 1-(; t , �. �{ s „t�.% �` . �' . 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. �� `� k.. i' �, `� ::� r' .��.° ..f'•� � ti .4 �� � � 'S ' -,;. r�.¢ .. �. i ,.?� i i - -- i... ' , e•'S r � .� ,�.... r,., ,`� ,�,l� �' t.r ',r�' '� �i. � :.: �. `_.�1 ,� ... � ? `!� `�~ �..{ i $_ � .... r � r !. i.:,, ; ...t ..i 4. i� �.r f..... p... � is i };""!. •'-•s r ~;� -"� � !..'�.. .� � �.. � .. .. "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. I� � A4� .. � r ,.j It � i i i� ^ � i j ••r..4 ' t l.� i1 � 2 � i::.+ f!}...! � � E ji'i .'.t�f�� �.rlT 2..2 'i,. :t !"�., i.- ii ��?f .J �. �-•i i1 �"'. t,y 5.,� 2 wi! 'S.; _� ' 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. f3• .i•' �.. `1�1 N..� .�^. ;�wu in.. j .i Tyr. S'..c £+. i".fit. ..1 Y$ �' ' • '��,'\ ;. .r!. ~tyJt 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 7 r1 �—4 1 •+ - j... t � ; �'. � +' 1 (° • � ��:; . � .. i � ,� +_� � � •, : L.' �..: ' �� � ' � • � �. ) .. . • , . � ° +-. �'' , {"a I : � . ; f' ' .w1 i �.+. r 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. f7! t, l ',• ... �`. 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 _ ..� v ' yFw. 1...� `.. .���«i i. � �« ♦L� l^' i '+t �.' � '' 5.... `�...1 � ��' , ` i f'K ,'..j , ',}. '...:t �'"".° , f iv'_ ', {^> i �,,.. �M, i � , t { r �� � i : S � � 1 '�5 ; R 1�--� r r'", t _ 1 t `'+''s - _ . � :..fi ,✓' ... 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 .11 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 12 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 13