HomeMy WebLinkAboutR-2013-132 Executed a 1 Year Renewal Agreement with Jeff Ellis Management, LLC for Lifeguard, Operation & Maintenance Services for CW Thomas Pool & PJ Meli Aquatic Complex not to exceed $275,231.31 RESOLUTION NO. 2013-132
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO
EXECUTE A ONE (1) YEAR RENEWAL AGREEMENT FOR AQUATIC
FACILITIES' MANAGEMENT WITH JEFF ELLIS MANAGEMENT, LLC, A
FLORIDA LIMITED LIABILITY COMPANY, FOR THE PROVISION OF
LIFEGUARD,OPERATION AND MAINTENANCE SERVICES FOR THE C.W.
THOMAS PARK POOL AND THE P. J. MELI AQUATIC COMPLEX IN AN
AMOUNT NOT TO EXCEED $275,231.31; PROVIDING FOR CONFLICTS;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, City officials executed an Agreement with Jeff Ellis Management, LLC for
Aquatic Facilities' Management on December 14, 2011, at a cost of$275,231.31; a copy of the
Agreement is attached as Exhibit"A",which is made a part of and incorporated into this Resolution
by this reference; and
WHEREAS,the Agreement provides for and allows continuation of the services for a period
of one (1)year, subject to the approval of both the City and Jeff Ellis Management, LLC; and
WHEREAS,both parties have agreed to continue the existing services for an additional one
(1)year period; and
WHEREAS, the Administration is recommending the existing Agreement with Jeff Ellis
Management,LLC,be extended for an additional one(1)year period for the provision of lifeguard,
operation and maintenance services for the C.W. Thomas Park Pool and the P.J. Meli Aquatic
Complex in an amount not to exceed$275,231.31;
NOW,THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH,FLORIDA:
Section 1. That the proper City officials are authorized to execute a one(1)year renewal
agreement with Jeff Ellis Management, LLC, to provide lifeguard, operation and maintenance
services for the C. W. Thomas Park Pool and the P. J. Meli Aquatic Complex.
Section 2. That the City Manager and City Attorney are authorized to make minor
revisions to such renewal agreement as are deemed necessary and proper and in the best interests of
the City.
Section 3. That funding appropriations were planned for and are available in the City
General Fund, Recreation Department budget within the P. J. Meli Aquatic Division - Contract
Services Account,Account No. 001-7206-572-34-10.
Section 4. That all resolutions or parts of resolutions in conflict with this Resolution are
repealed to the extent of such conflict.
Section 5. That this Resolution shall be in force and take effect immediately upon
passage and adoption.
PASSED AND ADOPTED on November 12, 2013.
ATTEST:
LOUISE STILSON, CMC WAI TER B. DUKE,III
CITY CLERK MAYOR
�pMIs FUt�P
APPROVED AS TO FO AND CORRECTNESS
THOMAS J/ASIVRO
CITY ATTORNEY
2 RESOLUTION#2013-132
ONE(1) YEAR RENEWAL OF AGREEMENT BETWEEN THE CITY OF DANIA BEACH
AND JEFF ELLIS MANAGEMENT LLC A FLORIDA LIMITED LIABILITY COMPANY
FOR THE PROVISION OF LIFEGUARD, OPERATION AND MAINTENANCE SERVICES
FOR THE C. W. THOMAS PARK POOL AND THE P. J. MELI AQUATIC COMPLEX
This is a Renewal the"Renewal" of an Agreement the"Agreement'' which exists between
the City of Dania Beach, Florida, a Municipal Corporation, and Jeff Ellis Management, LLC, a
Florida Limited Liability Company (the "Contractor"). The Renewal is entered into and becomes
effective on December 14,2013;a copy of the Agreement being renewed is attached as Exhibit"A",
which is made a part of and incorporated into the Renewal by this reference. City and Contractor
wish to extend the Agreement.
In consideration of the mutual covenants,terms and conditions contained in the Agreement
and the Renewal,and other good and valuable consideration,the adequacy and receipt of which are
acknowledged, the parties agree as follows:
1. The Agreement that expires on December 14,2013 shall remain in force for an additional
one (1)year period, up to and through December 14, 2014.
2. That in all other respects the Agreement is ratified and reaffirmed and remains in full force
and effect.
IN WITNESS OF THE FOREGOING,the parties have executed the Renewal Agreement
effective as of , 2013.
CITY:
CITY OF DANIA BEACH,FLORIDA,
ATTEST: a Florida municipal corporation
LOUISE STILSON, CMC ROBERT BALDWIN
CITY CLERK CITY MANAGER
APPROVED AS TO FORM AND CORRECTNESS:
THOMAS J. ANSBRO
CITY ATTORNEY
3 RESOLUTION 42013-132
WITNESSES: CONTRACTOR:
JEFF ELLIS MANAGEMENT,LLC,
a Florida Limited Liability Company
Signature Signature
PRINT Name PRINT Name
Signature
PRINT Name
STATE OF FLORIDA
COUNTY OF BROWARD
The foregoing instrument was acknowledged before me on , 2013, by
, as of Jeff Ellis Management, LLC, a
Florida Limited Liability Company,on behalf of the Company. He/she is personally known to me or
has produced as identification and did(did not)take an oath.
NOTARY PUBLIC
State of Florida at Large
My commission expires:
4 RESOLUTION#2013-132
PROFESSIONAL AQUATIC FACEUTY MANAGEMENT SERVICE AGREEMENT
THIS IS A PROFESSIONAL AQUATIC FACILITY MANAGEMENT SERVICE
AGREEMENT (the "Agreement"), made on-W-6t? l 2011, between the City of
Dania Beach, Florida, a Florida municipal corporation (the "City") located at 100 West Dania
Beach Boulevard, Dania Beach, Florida 33004 and Jeff Ellis Management, LLC, a Florida
Limited Liability Company("JEM")located at 508 Goldenmoss Loop,Ocoee,Florida 34761.
WHEREAS, JEM is engaged in the profession of managing and maintaining
recreational aquatic facilities through its international aquatic safety, operations and
risk management divisions by training and licensing its lifeguard employees (through
its National Pool and Waterpark Lifeguard Training Program) to effectively supervise
and maintain public aquatic facilities to the highest industry standards; and
WHEREAS, the City is desirous of engaging JEM to provide lifeguard services
and to manage, operate and maintain its pools located at C.W. Thomas Park, 800 NW
2nd Street, Dania Beach, Florida 33004 and P.J. Meli Aquatic Complex, located at 2901
SW 52 Street, Dania Beach, Florida 33004, and JEM is desirous of being retained
pursuant to the terms and conditions set forth in this Agreement;
NOW, THEREFORE, in consideration of good and valuable consideration, the receipt
and sufficiency of which are acknowledged,the parties agree as follows:
1. The City engages JEM to act for it in accordance with this Agreement, and
JEM accepts such engagement and agrees to provide the services set forth in it.
2. JEM will provide management, lifeguard supervision and pool
maintenance services at C.W. Thomas Pool, 800 NW 2nd Street, Dania Beach, Florida
33004 and P.J. Meli Aquatic Complex, 2901 SW 52 Street, Dania Beach, Florida 33004
(the "facilities") as indicated below:
2.1 JEM will recruit, hire train, schedule and supervise a
minimum of three lifeguard employees and a facility manager (all JEM employees will
be licensed by the National Pool and Waterpark Lifeguard Training ProgramTM) during
regular operating hours at each facility. JEM will maintain lifeguard staffing levels to
meet its "10/20 Second Protection Rule" at all times each facility is open for use and
may add staffing at its sole discretion as warranted by conditions without additional
cost to the City. JEM defines swimmer protection as "the reasonable supervision and
protection afforded to swimmers in all aquatic facilities" located on the premises of an
aquatic facility including recreational pools, lap pools, diving wells, therapy pools, lazy
rivers, children s pools, waterslides and other aquatic attractions. JEM represents to
City that its lifeguard and management employees exceed lifeguard certification
standards set forth by the Florida Department of Public Health. JEM will provide
instructors, lesson coordinators, marketing and any other employees who are required
and necessary to operate the facilities.
2.2 All employees are required to have First Aid and CPR
Certification. Instructors providing lessons are required to have Lifeguard and Water
Safety Instructors' (WSI) Certifications or the equivalent, as well as training or
certification in adaptive aquatics for disabled persons. All employees are expected to
perform their duties in a professional, service-oriented manner while adhering to
highest quality standards of safety, hospitality, courtesy and instructional excellence.
2.3. To assure the City that services will be rendered JEM states that its
responsibilities as to its employees are to:
(a) Employ and pay sufficient staff in order to provide the services to
the reasonable satisfaction of the City.
(b) Ensure that all persons employed by JEM in connection with the
provisions of the services shall be efficient, not under the influence
of alcohol or drugs, and honest and shall be suitably qualified to
provide the services, including, but not limited to administer first
aid, including cardio pulmonary resuscitation.
(c) Ensure that JEM's employees undergo such training as may be
necessary to enable them to carry out their respective duties in
accordance with this Agreement and to provide safe, pleasant,
courteous and conscientious service to the patrons, residents of and
visitors to the City.
(d) Provide adequate supervision and coordination of JEM's employees
and ensure that the employees shall abide by the rules, regulations
and guidelines set from time to time by the City and JEM will
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replace, not employ or shall cease to employ any person to whose
employment reasonable objection is taken by City.
(e) Ensure that JEM's employees on duty are dressed in proper uniform
and carry City-issued identification badges. The uniforms shall be
supplied by JEM. The badge shall be worn at all times and identify
the employee by his or her first name.
(f) Ensure that no duties, obligations or services are delegated or
subcontracted without the advance written approval of the City.
2.4 JEM will consistently maintain the City's aquatic facilities to meet
the standards set forth in the Florida Administrative Chapter 64E-9— Florida Swimming
Pool and Bathing Code and all health and safety standards along with the maintenance
of the condition of the pools' water will be in conformity with the standards and
regulations as specified by the Broward County Health Department and the City of
Dania Beach. The aquatic facilities will be maintained in a clean manner at all times,
and all safety precautions shall be taken by JEM.
2.5 JEM will establish a drug-free workplace by requiring drug
screenings of all new employees and allow for random drug testing. Drug testing will
be at the expense of JEM and shall be administered in accordance with applicable
Florida State Statutes.
2.6 JEM will provide all aquatic safety rescue equipment necessary to
provide quality care for swimmers who patronize the facilities including, but not
limited to, for each facility, four (4) rescue tubes, three (3) lifeguard stands, spinal
extrication board with head/neck stabilizing supports, supplemental oxygen, Automatic
External Defibrillator (AED), seal-easy face masks, Bag Valve Masks (BVM's for
adult/child/infant), first aid kit, one ring buoy/rope, one shepherd's hook, six fanny
packs, surgical gloves and one V-vacuum suction device.
2.7 JEM will provide City with two (2) unannounced/independent
aquatic safety operational audits per facility and report findings of the audits to City's
representative within twenty-four (24) hours of completion. The audit report will
include unedited video and a written evaluation for City's review.
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2.8 JEM will provide City with daily on-site maintenance visits for the
purpose of maintaining the aquatic facilities to industry standards that meet or exceed
state of Florida requirements and the requirements published by the National Recreation
and Parks Association's (NRPA) aquatic facilitator operator's manual. JEM will
perform specific maintenance tasks as set forth in Exhibit "A" (Aquatic Services Bid
Specifications) of this Agreement.
3. JEM will offer optional swimming lessons and other aquatic programs to
eligible participants who attend the facilities on an "as needed" basis. JEM will offer
classes in accordance with teaching ratios and instructional and curriculum
requirements published by Jeff Ellis Swimming®. All instructors assigned to teach
instructional programs will be trained and licensed by Jeff Ellis Swimming®. JEM
agrees to publish aquatic program information and make same available to swimmers
who patronize the facilities. The fee compensation for all swimming lessons and
aquatic programs will be a 70/30 split. JEM will receive seventy percent (70%) and the
City will receive thirty percent (30%). JEM will conduct all registrations but the fees
will be paid to City by the patrons and JEM will provide City an invoice showing
payment of City's share of the revenue. All fees for enrollment and participation in
optional aquatic programs shall be paid directly to the City at the rates set forth in
Exhibit "B", a copy of which is attached and incorporated into this Agreement by this
reference.
4. The City will receive one hundred percent (100%) of the daily swimming
entrance fee and all revenue associated with pool passes ("splash cards").
5. JEM will make available the following optional pool service on an "as
needed" basis:
5.1 Private Swimming Pool Parties ("parties"): JEM will supervise and
adequately staff all parties to maintain swimmer safety upon the approval and written
request of the City. The individual or group hosting the party will pay the City any and
all expenses for conducting the party. The City agrees to submit written requests for
conducting pool parties to JEM seven (7) days prior to the desired event date.
5.2 Private Pool Premises Rentals (other gurposes): JEM will
supervise and adequately staff all pool rentals to maintain safety and protection of the
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City's property at the aquatic facilities upon the approval and written request of the
City. The individual or group hosting the pool premises rental will pay the City any
and all expenses for conducting the rentals. The City agrees to submit written requests
for conducting pool premises rentals to JEM at least, seven (7) days prior to the desired
event date.
6. Insurance.
6.1 JEM shall procure and maintain for the duration of and in full compliance
with the Agreement insurance against claims for loss of life, injuries to persons and damage to
property(including loss of use resulting therefrom)which may arise from its performance under
this Agreement in connection with the delivery and supply of the tools, equipment and materials
identified in the Agreement, and in its performance of each and all of its duties relating directly
or indirectly to its services to be performed, with the City named as an "additional" insured,
including the City's agents, representatives, officers, officials, employees and volunteers. The
cost of such insurance shall be borne by JEM.
6.2 Minimum Scope of Insurance to be provided:
(a) Commercial General Liability,including:
Premises and Operations.
Products and Completed Operations Coverage.
Blanket Contractual Liability Coverage.
Independent Contractors.
Broad Form Property Damage.
Personal Injury Liability.
Fire Legal Liability Coverage.
Incidental Medical Malpractice Coverage.
(b) Automobile Liability Insurance,including:
Owned Automobiles
Non-owned Automobiles
Hired Automobiles
(c) Workers' Compensation Insurance
(d) Employer's Liability Insurance
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6.3 Minimum Limits of Insurance
(a) Commercial General Liability:
$2,000,000.00 per occurrence, $2,000,000.00 annual aggregate for
death,bodily injury,Personal mlm'y and property damage.
(b) Automobile Liability:
$1,000,000.00 per occurrence, $1,000,000.00 annual aggregate for
death, bodily mlmy and property damage arising from the
operations of all owned automobiles, non-owned automobiles and
hired automobiles.
(c) Workers' Compensation:
Workers' Compensation insurance; statutory limits, part A and
$1,000,000.00 Part B Employer's Liability coverage.
(d) Employer's Liability:
$100,000.00 limit per occurrence; $500,000.00 annual aggregate
for disease; and $100,000.00 limit for disease of an individual
employee.
6.4 Deductibles and Self-Insured Retentions:
Deductibles/Self-Insurance Retentions Defined:
All deductibles and self-insured retentions must be shown clearly
on the Certificates of Insurance and approved by the City. City
reserves the right to disapprove any or all of them but shall not
unreasonably do so.
6.5 All insurance policies shall contain the following provisions:
(a) Additional Insured and Certificate Holder clause:
All insurances shall include as Additional Named Insured and
Certificate Holder the City of Dania Beach. There are not to be any
special limitations on the protection being provided to the City, its
officials,officers,employees or volunteers.
(b) JEM's Insurance is Primary:
JEM's.insurance coverages shall be primary insurance with respect
to the City's, its officials',employees',and volunteers' insurances.
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Any insurance and self-insurance maintained by the City, its
officials, officers, employees, or volunteers shall be in excess of
JEM's insurances and shall not contribute with it.
(c) Coverage Guaranteed:
Any failure to comply with reporting provisions of the policies
shall not affect coverage provided to the City, its officers,officials,
employees or volunteers..
(d) Occurrence Basis:
JEM's insurances shall be on an occurrence basis as opposed to a
I claims-made basis.
(e) 30 Days'Notice:
The following clause shall be included in all policies:
This policy shall not be suspended, voided, or cancelled by JEM
and no reduction or revision in coverage or limits of coverage shall
be made except after thirty (30) days' prior written notice by
certified mail, return receipt requested, has been given and
approved in writing by the City Risk Manager.
(f) Separation of Insured:
The definition of insured shall read as follows:
The insurance afforded applies separately to each insured against
whom claim is made or suit is brought, except with respect to the
limits of the company's liability. The company, in this context, is
JEM's insurance company. If no such definition of the insured is
quoted in the insurance, JEM must provide "Cross Liability
Clause" or "Severability of Interests Clause" endorsements for all
liability insurances.
6.6 Acceptability of Insurance Company
(a) Best Rating:
Insurance coverage must be with a company with a Best rating
A.VII or better.
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(b) Florida State Licensed:
i All insurance policies and bonds required of JEM shall be written
by companies authorized and licensed to do insurance business in
' the state of Florida and must be executed by agents licensed as
agents by the state of Florida
6.7 Verification of Coverage
(a) Certificates and Endorsements Provided:
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JEM shall furnish the City. with Certificates of Insurance with
original endorsements affecting coverage. The certificates and
endorsements must be received and approved by City in
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writing before any services can commence.
(b) Authorized Signatures:
The certificates and endorsements for each insurance policy are to
be signed by a person authorized by that insurer to bind coverage
on its behalf.
(c) Coverage Continuation:
Insurance coverage required in these specifications shall be in
force throughout the term of the Agreement. Should JEM fail to
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provide acceptable evidence of current insurance within seven (7)
days of receipt of written notice at any time during the term of the
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Agreement,the City shall have the right to consider the Agreement
breached which breach shall justify City's termination of it. If
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coverage on the Certificates of Insurance is shown to expire prior
to the end of the Agreement, JEM shall furnish Certificates of
j Insurance evidencing renewal of such coverage to the City.
7. JEM is solely responsible for establishing and enforcing all pool safety
rules and regulations as set forth in its National Pool and Waterpark Lifeguard Training
Manual. JEM represents to City that the pool safety rules and regulations published by
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Jeff Ellis Management, LLC are regarded as the industry standard, that they meet or
exceed the requirements of the state of Florida and serve as the model for most state
regulatory agencies.
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S. For the safety of swimmers patronizing City's facilities, JEM is solely
responsible for supervision and rule enforcement at the City's facilities. JEM employees
shall be empowered to immediately remove anyone who fails to comply with rule
enforcement requests. Violators who fail to comply with a lifeguard's reasonable
directive may be charged with criminal trespass if they fail to leave the City's premises
upon being duly notified by any JEM employee. No JEM employee shall remove or
attempt to remove a person from the premises, but shall summon police assistance if
such removal is deemed necessary by the employee. The City remains solely
responsible for decisions to re-admit anyone temporarily banned from the facility.
Decisions to temporarily ban or re-admit violators shall be immediately conveyed in
writing between the parties to this Agreement.
9. The City remains solely responsible for all labor and parts to repair its
pumps, filters, chemical injection systems, diving board, lifeguard stands and other
physical items not specifically mentioned. JEM agrees to exercise reasonable and
prudent care to operate and maintain all aforementioned equipment. JEM agrees to
provide logistical support to make sure that the repairs are made by City in a timely
manner upon receiving written authorization from the City.
10. JEM agrees to designate a representative to attend staff monthly meetings
of City to report on swimming pool operations and maintenance. JEM will provide a
written report to the pool representative appointed by the City's designated
representative on a monthly basis. The report will include pool attendance, program
attendance, water quality logs, accident reports, complaints, guest surveys, discipline
reports, lifeguard evaluations and applicable auditing reports.
11. JEM shall develop, implement and publish an Emergency Action Plan to
maintain overall safety for all possible emergencies for procedures for heightened
security alerts and hurricane preparedness for the City's facilities, which must be
approved in writing by City. Copies of the Emergency Action Plan will be made
available to the City's designated representative prior to the opening of the facilities.
12. JEM shall develop and implement the following procedures and plans to
be reviewed and approved by the City:
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1. Operating Policy and Procedure. Operating policies will be
consistent with public ownership and the public's interest in the
pool complexes.
2. Water quality and pump room maintenance plans
3. An in-service training program as per guidelines of a nationally
certified program.
4. An aquatic risk management system.
5. A marketing and promotion plan for each facility.
6. A swim instruction program for JEM's supervision for all ages and
abilities, including those with special needs and such program shall
meet the Broward County Swim Central Criteria.
7. A water aerobics program for JEM's supervision which has varied
ability levels.
8. Aquatics activity program for JEM's supervision and special events
for the community and community groups.
12. JEM employees will temporarily close the facilities whenever threatening
weather approaches for the overall safety of swimmers and patrons. The weather
related closing policy shall follow the established guidelines set forth in the "Make It
Work" operations manual to be provided to City. Closing procedures shall be approved
by City in writing and a copy of the proposed closing protocols shall be provided to the
City's designated representative within fifteen (15) days after this Agreement is fully
executed.
13. JEM employees will temporarily close a facility whenever swimmer safety
may be compromised. Reasons for closing the swimming pool include water sanitation
issues, water quality issues, power outages or other safety or security related issues.
14. The City will provide local telephone service at each facility.
15. The City will provide and maintain as necessary all locks used to secure
pool gates, locker rooms, office, filter room and storage rooms. The City will provide
keys to JEM accordingly. The City will maintain all fences and gates and make
necessary repairs as needed to secure the facilities.
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16. The City will provide electricity, water and sanitation services for each
facility.
17. JEM will charge the City for optional labor beyond the scope of services
described in this Agreement at an hourly rate of Twenty-Five ($25.00) Dollars upon
receipt of a work order supplied by the City.
18. JEM shall be responsible for the care and repair of City property during
the operation of the aquatic facilities. JEM shall be held accountable for those losses
and damages to buildings and City owned property at these facilities due to theft or
abuse during the hours of operation. JEM shall take affirmative action to prevent losses
and damage to City owned property during normal hours of operation. The City agrees
to hold JEM harmless for damage to City property resulting from vandalism, as long as
JEM is not negligent in its management duties or in securing City facilities as required
by this Agreement. JEM agrees to provide clean-up and repair for damage due to
vandalism. All optional labor and repair expenses remain the responsibility of the City.
19. JEM shall,in addition to any other obligation,indemnify the City and to the fullest
extent permitted by law, protect, defend, indemnify and hold harmless the City, including its
agents, elected officials and employees from and against all claims, actions, liabilities, losses
(including economic losses),or 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 JEM, anyone directly or indirectly employed
by it, or anyone for whose acts any of them may be liable in the performance of
the work;
(b) any violation of law, statute, ordinance, governmental administrative order, rule,
regulation, or infringement of patent rights by JEM in the performance of the
work;
(c) liens,claims,actions made by JEM or other party performing the work;and
(d) claims of what ever nature related to collection practices or any actions of a
contradictory nature pursuant to this Agreement or in an attempt to collect monies
due or claimed to be due to the City.
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20. JEM shall incur the costs in furnishing all chemicals for the pools at the
aquatic facilities, but as long. as it exercises reasonable care in purchasing and using
such chemicals, it makes no representations or warranty with respect to the chemicals,
including, without limitation, their suitability for the City's facilities or freedom from
defects if resulting from a manufacturer or supplier.
20. In addition to the foregoing duties, JEM agrees to do the following duties
referenced on Exhibit "A", a copy of which is attached and incorporated into this
Agreement by this reference.
21. The term of this Agreement shall be for a period commencing on November 16,
2011. This Agreement shall remain in effect for one (1)year provided the services rendered by
the Contractor during the Agreement period are determined by the City to be satisfactory and
funding is available. The price offered by the Contractor shall be based on services for the
stipulated Agreement period, and the City has a right to exercise an option to renew this
Agreement for two (2) additional one(1) year terms. If mutually acceptable to the City and the
Contractor, each annual Agreement renewal shall be executed through annual purchase orders, if
approved in advance by City. Any change in price,terms or conditions shall be accomplished by
written amendment to this Agreement.
Notwithstanding the preceding paragraph,the Contractor recognizes that funds for payment
for the services rendered under this Agreement must be appropriated annually by the City
Commission. If such funds are not appropriated,the Agreement is void.
22. This Agreement may be terminated by either party, with or without cause,
upon ninety (90) days' written notice to the other party. The City acknowledges that
for the purposes of removing its own equipment and property, JEM may enter onto the
premises free from interference from the City.
24. JEM shall not delegate, assign or transfer any duties or obligations arising
under this Agreement, without the prior written approval of the City, otherwise than as
may expressly be permitted by the terms of this Agreement.
25. In case any or more of the provisions contained in this Agreement shall
for any reason be held to be invalid, illegal or unenforceable in any respect, such
invalidity, illegality or unenforceability shall not affect any other provision of this
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Agreement, and this Agreement shall be construed as if such invalid, illegal, or
unenforceable provision had never been contained in it.
26.. Any notice required or permitted to be given by a party to this Agreement
shall be mailed or delivered to the other party at the addresses specified below:
To JEM:
Jeff Ellis Management,LLC
Attention: Mr.Jeff Ellis
508 Goldenmoss Loop
Ocoee,FL 34761
To CITY:
City of Dania Beach,Florida
Attention:Robert Baldwin,City Manager
100 West Dania Beach Blvd.
Dania Beach,FL 33004
With a copy to:
City of Dania Beach,Florida
Attention:Thomas J.Ansbro,City Attorney
100 West Dania Beach Blvd.
Dania Beach,FL 33004
27. JEM will receive the sum of Two Hundred Seventy Five Thousand Two
Hundred Thirty One Dollars and 31 cents ($275,231.31) for the first year for
compensation to provide services for the City as set forth in this Agreement. JEM will
submit monthly invoices to the City for the professional services rendered pursuant to
the payment terms of net thirty (30) days. The City agrees to pay all invoices submitted
by JEM pursuant to the payment terms agreed upon and set forth in this Agreement.
28. JEM will assess late fee/finance changes of 1.8% monthly to the City on
all unpaid account balances past due thirty (30) days. JEM will suspend all services
pursuant to this Agreement if the City's unpaid balance exceeds sixty (60) days. Such
suspension or reinstatement of services will not terminate the Agreement.
29. In the event of any litigation in relation to this Agreement the
unsuccessful party, in addition to all other sums that either party may be called on to
pay, shall be required to pay the successful party's attorney fees and costs.
30. This document constitutes the sole and only Agreement of the parties and
correctly sets forth the rights, duties, and obligations of each to the other. Any prior
agreement, promise, negotiation or representation not expressly set forth in this
Agreement is of no force and effect. Each party agrees to perform any further acts and
to execute and deliver any further documents, which many be reasonably necessary to
carry out the provisions of this Agreement.
31. . The law of the State of Florida shall govern this Agreement. This Agreement is
not subject to arbitration. The parties submit to the jurisdiction of any Florida state or federal
court in any action or proceeding arising out of, or relating to this Agreement. Venue of any
action to enforce this Agreement shall be in Broward-County, Florida. The parties expressly
waive all rights to trial by jury for any disputes arising from or in any way connected with this
Agreement The parties understand and agree that this waiver is a material contract term.
32. Each person signing the Agreement represents and warrants that he or she
is duly authorized and has legal capacity to execute and deliver this Agreement. Each
party represents and warrants to the other that the execution and delivery of the
Agreement and performance of such party's obligations have been duly authorized and
are binding on such party and enforceable in accordance with its terms.
33. All rights granted to either of the parties shall be cumulative, and no
exercise or failure to exercise by either of the parties of any right under this Agreement
shall restrict or prejudice the exercise of such right or any other right granted by this
Agreement or otherwise available as part of it.
34. The failure by either party to enforce, at any time or for any period, any
one or more of the terms or conditions of this Agreement, shall not be a waiver of them
or of the right at any time subsequently to enforce all terms and conditions of this
Agreement.
35. During the term of this Agreement, JEM shall be an independent
contractor. and not the agent or employee of the City. In such capacity, JEM will bear
exclusive responsibility for the payment of the remuneration and any insurance
contributions with respect to JEM's employees. The parties are not partners or joint
venturers, nor is JEM or any of JEM's employees authorized to act as the agent of the
City.
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36. Each of the parties shall pay its own costs and expenses incurred by it in
connection with any aspects of preparation of this Agreement.
37. All portions of the bid materials which are not in conflict with the
provisions of this Agreement are incorporated by this reference.
IN WITNESS OF THE FOREGOING, the parties have set their hand and seal the day
and year first above written.
CITY:
CITY OF DANIA BEACH,
ATTEST: a Florida Municipal Corporation
LOUISE STELSON,CMC PATRICIA FLURY
CITY CLERK MAYOR
R DWIN, CITY MANAGER
S HRST
APPROVED FOR FORM
AND CORREC S:
THOMkS,;/A14SBkO
CITY ATTORNEY
CONTRACTOR
WITNESSES: JEFF ELLIS MANAGEMENT,LLC
a Florida L' . ' Liability Company
Signature
P I r y
N J llis, sident
(CORPORATE SEAL)
P Name
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STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me on �,20_1L by.Jeffrey
L. Ellis as President of the Jeff Ellis Management, LLC, on behalf of the corporation. Such
person is personally known to me (or produced KA as
identification)and did 'd no take an oath.
e
My commission expires:
oerNwrw
Ofty hMe•wr r POW
W��jMi.MI
��rt�rr Awa
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EXHIBIT"A"
AQUATIC SERVICES BID SPECIFICATIONS
Hours of Operation:
A)P.J.MELI AQUATIC CENTER(the"Aquatic Center")
Tuesday through Friday from 11:00 am.to 8:00 p.m.
Saturday and Sunday from 11:00 am.to 6:00 p.m.
B)C.W.Thomas Park(the"Park")for 10 weeks of summer seasonal operation
Tuesday through Saturday from 10:00 am.to 4:00 p.m.
Services to be prodded:
1. Stock and supply all uniforms.
2. Complete a daily tiocumented(written)safety check of Aquatic Center and Park.
3. Check and test all safety equipment.
4. Manage customer service complaints or inquiries,according to City protocols.
5. Provide set-up and take-down for special events, including swim meets.
6. Provide on-site or on-call management staff during special events.
7. Provide on-site or on-call management staff for any after-hours emergency.
8. Maintain equipment and supplies.
9. Maintain cleanliness of all areas of the facility, including locker rooms, restrooms,
lobbies,offices,pool decks and storage areas during operational hours.
10. Supply and insure adequate inventory of first aid kits adequate to the size and operation
of the facilities.
11.Maintain and operate filter equipment in accordance with County and State Health
Department requirements.
12.Vacuum pools; pool and water activity area to be vacuumed daily. Pool and water
activity areas must be vacuumed before the public enters. This includes before the time
the public enters for swimm '-g lessons.
13.Backwash the filters systems as required by manufacturer.
14.Work with the City in handling complaints users or patrons have;reporting all complaints
to the Parks and Recreation Department.
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15.Contractor will clean the air and lint strainers on all pumps and associated filtering
devices. This should be done as needed or when managers,City personnel, or both notice
a reduction in flow.
16.Maintain the swimming pools and related mechanical systems in accordance with
recommended guidelines. The Aquatics Center Manager supplied by the Management
Firm will be responsible for routine cleaning,maintenance and water quality.
IT JEM shall provide operator maintenance of pool and water activity areas and equipment
that are a part of this Agreement. At least twice per year, JEM shall provide operator
maintenance of pool and water activity areas and equipment that are a part of this
Agreement. At least twice per year, JEM will inventory and report on.the general
condition of equipment Notwithstanding this or any other section, nothing shall prevent
the City from exercising the right to inspect pools, buildings, fixtures, improvements,
furnishings,machinery or equipment at any time.
MP40 M REQUIREMENTS
The on-site Manager for JEM and the Management Team must have, AT A MINIMUM,
the following expertise,certification,or proven capabilities:
1. Pool Operator(CPO)or Aquatic Facility Operator(AFO)certification.
2. Experience in the planning, organizing and running of USA Swimming sanctioned
competitions.
3. Lifeguard.Instructor certification from a nationally recognized agency.
4. Swim Instructor trainer certification from a recognized agency.
5. Proficient with computers,database software and other necessary software.
6. Experience in successfully implementing an Aquatic Risk Management System that
includes at a minimum, facility operations audits, lifeguard performance, audits and
vigilance awareness validation.
7. Evidence of knowledge of current aquatic industry standards of care related to water
chemistry and disease prevention procedures as follows:
a. Lifeguard best practice:
Use of adjunct equipment(i.e.,Emergency Oxygen,Automated External
Defibrillator,etc).
b. Risk Management best practices: Community bases programming,Competitive
swimming and event management.
8. Adequate personnel shall be on duty at .the facilities daily to assure safety and
good service.
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EDIT"B"
CITY OF DANIA BEACH
P.I MELI AQUATIC COMPLEX
COMPETITION POOL DAILY RATES
Residents of Dania Beach:
Child: (16 and under must be accompanied by an adult)$1.00
Adult: $2.00
Non-Resident:
Child:(16 and under must be accompanied by an adult)$3.00
Adult: $4.00
Scuba class(company must have approved insurance on file) $10.00 per person
Lifeguard class(company must have approved insurance on file) $10.00 per person
Special Event Pool Rental: $250.00
Swim Team Fee(Broward County)$5.00 per swimmer per week Tuesday through Friday.
Swim Team Fee(all other Counties)$7.00 per swimmer per week Tuesday through Friday.
TEACHING POOL RATES
Residents of Dania Beach:
Child:under 16: Free(must be accompanied by an adult)
Adult: $2.00
Non Resident:
Child:under 16:Free(must be accompanied by an adult)
Adult:$3.00
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