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Res No 181-11-13495RESOLUTION NO. 181-11-13495 A Resolution allowing the City Manager to negotiate a 5 -year contract relating to pool operator USA Pools for the planned Murray Park Community Pool. WHEREAS, the City has secured grants for an estimated amount of $1,2000,000 to build a community pool some of which are due to expire on December, 31, 2011, and others on December 31, 2012; and WHEREAS, a the City needs the pool operator to provide guidance as to the final pool design and therefore the selection of a pool operator is a critical first step in the process of designing and constructing a pool; and, WHEREAS, USA Pools has submitted a Letter of Interest to the City expressing its interest in operating the planned Murray Park Community Pool; and, WHEREAS, in evaluating Letters of Interest submittals for a pool operator, USA Pools has been recommended by an Evaluation Selection Committee as a qualified company with the experience and background to operate the planned Murray Park Community Pool, and: NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT: Section 1. The City Manger is hereby directed and authorized to negotiate a 5 -year agreement with USA Pools for the operation and maintenance of the planned Murray Park Community Pool, subject to the completion of the pool. Section 2. The contract with USA Pools shall provide that USA Pools is required to consult with and have input in the final pool design with the selected design/build company. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 24 day of October 2011. ATTEST: Y CLERK APPROVED: Y R COMMISSION VOTE: 5 -0 Mayor Stoddard: Yea Vice Mayor Newman: Yea Commissioner Palmer: Yea Commissioner Beasley: Yea Commissioner Harris: Yea o� t 1, J c1 wrrr 40 Al E CL 0 1, J c1 wrrr 40 Al V o sy r .e iab c 0 0 U L o C -C 0 4-1 U cq m Y (V ® c: i 0 i= 0 L- 0 CL ai QD 4-J 0 vNi GL Q7 G Q L v � a. 0 O i o a O fd 4- � O i ® 6% � 4- C N Q� J 4-j V) a� N � Q o • Cd C V �Q C w L CL c>CS i�—r ai � L 0 L � ttt N E- ^V) L Z CD C L � 0 L 0 v O e • / ¥ ,. * y + p � , d + � �. � � Md 0 z CL 0 ,?74 E E u a CL �q South Miami Aq•AwdeaM CITY OF SOUTH MIAMI r OFFICE OF THE CITY MANAGER ° INTER - OFFICE MEMORANDUM 2001 To: The Honorable Mayor & Members of the City Commission From: Hector Mirabile, PhD, City Manager Date: October 21, 2011 Subject: Murray Park Pool Operator Letters of Interest, LOI, Evaluation Selection Committee Recommendation Background: The LOI was advertised and closed on October 12, 2011. Two LOls were received, Reef Tropical Pools, Key Largo FL and USA Pools, Roswell GA. An Evaluation Selection Committee was created to review and recommend a vendor. The committee includes the following members: o Keith Ng /Projects Manager, Public Works o Maria Stout -Tate /Director, Parks & Recreation o Stephen David /Director, CRA o Kelly Barket/Chief Superintendant, Public Works e Steve Kulick/Purchasing Manager, Central Services The Evaluation Selection Committee held meetings with the two interested vendors on Monday, October 17, 2011. Based on those meetings, and the weighted evaluation criteria indentified in the LOI, USA Pools is recommended. Their combined score was 118.4 compared to Reef Tropical Pool's score, 88. Before moving forward, it was determined a pool management operator should be identified prior to engaging a design /build company. In this manner, the pool operator will have input to the design ensuring the final product achieves two objectives: (I) Meets the needs of the residents and, (2) Assures the facility is profitable. As per the terms of the pool operator agreement, the operator retains any and all profits, as well as assumes all associated operational and maintenance costs. Expense $0 Community Fool Funding Breakdown GRANT EXPIRE DESCRIPTION AWARDED EXPENDED BALANCE CDBG 6130/2010 Design $276,000 $185,537 $0 SNP 12/31/2011 Design /Build 220,050 0 220,050 CRA 9/30/2012 Design /Build 125,000 0 125,000 CDBG 12/31/2012 Construction 1,207,374 6,013 1,201,361 1,546,411 Attachments: a Request for Letters of Interest and Exhibits ® Evaluation Selection Committee Score Sheets e USA Pools Proposal o Reef Tropical Pools Proposal Request for Letters of Interest And Exhibits REQUEST FOR LETTER OF INTEREST POOL OPERATIONS AND MANAGEMENT SERVICES The City of South Miami, Florida desires to engage a Pool Operator and Management Company which desires to participate in the design of the Facility to include at a minimum one pool, and supporting amenities, such as a reception area, office, staff area, changing area, bathrooms, viewing area, pump room, chemical room, pool room and outdoor area for the outdoor pool, all necessary to conduct swimming programs and teaching at the Facility. Furthermore, the Pool Operator and Management Company must possess the requisite skills, training, experience, knowledge and ability to operate and conduct swimming programs and teaching at the Facility. The selection of a Pool Operator and Management Company to manage and operate the Murray Park Pool will be handled in accordance with the following process. Submission by the pool operating and management company of a Letter of Interest (LOI). 2. City will short list pool operating and management companies to a minimum of three firms, if necessary. 3. Pre - interview meeting and oral interview at the option of the City. 4. City will select a pool operator company to begin participating in the design and ultimately operate and manage the pool for 5 -years BACKGROUND Murray Park, located in South Miami, near Sunset Drive, is approximately a 4.32 acre community park which currently contains the South Miami Community Center, playing fields, and basketball courts. The City, through previous planning efforts, has designated Murray Park as the preferred location for a new community pool. The City's desires to provide swimming and recreation opportunities to the surrounding neighborhood and the entire South Miami community for residents and homeowners who do not have a pool or access to swimming and recreation facilities. The pool will also be an area designated to provide a high - quality recreation, education, cultural and performance venue available to the residents of South Miami. The City is seeking proposals from private program operators to operate the Murray Park Community Pool located at 5800 SW 66th Street, and swimming pool programming beginning in upon selection of design build team. Pool Operation and Management Request for Letter of Interest Page 1 of 4 All letters of interest are limited to eight (8) pages inclusive of the cover sheet, and shall be typed on 8 1 /2" x I I" sheets, single- spaced, one - sided. Fold out pages are not allowed. In order to reduce costs and to facilitate recycling; binders, dividers, tabs, etc. are prohibited. One staple in the upper left -hand corner is preferred. Letters of interest containing more than eight (8) pages will not be considered. Section I - Coverlintroductory Letter The introductory letter should be addressed to Hector Mirabile, PhD, City Manager. Said letter is limited to one (1) page and should contain the following elements of information: — Expression of firm's interest in the work; — Date of most recent pool operation and management company qualification; — Statement regarding company's possible conflict(s) of interest for the work; — and Summation of information contained in the letter of interest. Section 11 - Evaluation Factors This section is limited to two (2) pages and should contain information regarding evaluation and other factors listed in the advertisement such as: — A brief synopsis of the Company previous pool operating and management services experience that is focused to the type of work advertised for services performed within last five (5) years; — The number of employees within the company; — A brief description of the company's approach to performing pool operation and management for this work, including the company's understanding of their responsibility with regard to safety, contract administration, environmental responsibility, claims, etc. — and Any innovative approaches to be used. Section III - Supportive Information This section is limited to five (5) pages and should contain the following information: — Organizational chart indicating personnel to be assigned by position; — The resumes of key personnel; -- Most recent two (2) year unaudited financials (Balance Sheet and Income Statement) of the company — and other information one may feel would be beneficial to the request. Pool Operation and Management Request for Letter of Interest Page 2 of 4 EVALUATION Firms submitting I-Ols to perform the Pool Operating and Management Services on this specific project will be evaluated based upon certain considerations. The following considerations, with the weighted importance, will be utilized to select a minimum of three firms from those submitting an LOi: I. Firm's experience, knowledge, familiarity and past performance with Pool Operations and Management Services - 30% 2. The experience of the Company's proposed staff to perform the type of services required - 30% 3. Company's understanding of the requested services — 30% 4. Firm's ability to communicate effectively with City staff — 10% Pool Operating and Management Companies are invited to have letters of interest for furnishing Pool Operation and Management Services to the City by 10 a.m., October 12, 2011, Letters of interest received after this deadline will NOT be considered. Companies submitting letters of interest are encouraged to carefully check them for conformance to the requirements stated above. If Letters of Interest (LOls) do not meet ALL of these requirements, they may be disqualified. Companies must submit one unbound original, one electronic copy (flash drive or CD) and six copies. The mail and delivery address is: Mrs. Maria Menendez, City Clerk City of South Miami 6130 Sunset Drive South Miami, FL 33143 Any questions concerning the advertisement should be directed to the City of South Miami, City Clerk at mmenendez@southmiamifl.gov or by telephone at 305 -663 -6340. NOTIFICATION In the event the City elects to hold Oral Interviews, interviews will be held sometime in October 2011. The firm selected will be notified by October 19, 2011, The City appreciates all responses and will notify all respondents of their status in our selection process. The City reserves the right to reject any and all Letters of Interest. Pool Operation and Management Request for Letter of Interest Page 3 of 4 OTHER DOCUMENTATION Please find attached two exhibits: I. A DRAFT copy of the agreement which the City of South Miami expects to execute with the chosen Pool Operating and Management Company and 2. Site map of the area which the pool will be built Pool Operation and Management Request for Letter of Interest Page 4 of 4 Exhibit I R' . ••• fir- • I I r •. Pool Operation and Management Request for Letter of Interest THIS AGREEMENT is made between , a Florida corporation, ( "Operator ") and the City of South Miami, a Florida municipal corporation, ( "City "), on this day of, 2011. WHEREAS, City desires to design and build a community swimming pool facility (Facility") at Murray Park located at 5800 SW 6e Street, City, Florida; WHEREAS, Operator desires to participate in the design of the Facility to include at a minimum one pool, supporting amenities, such as a reception area, office, staff area, changing area, bathrooms, viewing area, pump room, chemical room, pool room and outdoor area for the outdoor pool, all necessary to conduct swimming programs and teaching at the Facility; WHEREAS, Operator possesses the requisite skills, training, experience, knowledge and ability to operate and conduct swimming programs and teaching at the Facility and City does not possess such skills; WHEREAS, City has agreed to design and build the Facility at its sole expense and Operator has agreed to serve as a consultant on the City's Design /Build Team for selection of a mutually agreeable design and construction based on the same and, subsequently, to operate and maintain the Facility at its sole expense with receipt of all revenue from the operation of the Facility as its compensation, with full and complete knowledge that if the pool is not constructed the operation and management portions of this agreement are rendered null and void with no obligation or amount due or owed by either party; and, NOW, THEREFORE, in consideration of the mutual promises and agreements hereinafter set forth, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: I. CONDITIONS PRECEDENT; This Operating Agreement ("Agreement") shall only take effect upon the occurrence of all of the following events: A. Operator participates in the design process of the Facility and is required to sign off, as to agreement to the design at the 25 %, 50 %, 75% and 100% of design completion phase; B. The Facility, including at minimum one pool, reception area, office, staff area, changing area, bathrooms, viewing area, pump room, chemical room, pool room and outdoor area for the outdoor pool, is enclosed by a fence and excludes the Page 1 of 16 parking area for the Facility and remainder of Murray Park which shall not be considered part of the Facility for purposes of this Agreement, and C. The Facility is constructed and approved for occupancy and use by all applicable government authorities, evidenced by the issuance of a certificate of occupancy by City, by the date of December 31 ", 2012 including, but not limited to, any and all extensions provided for the project's multiple funding sources, whichever of the aforementioned is the latter. In the event that these conditions precedent are not met within one (I) year of the effective date of this Agreement as defined herein, this Agreement shall become null and void; and thereupon all parties shall be released of any and all obligations under this Agreement and this Agreement shall terminate. Upon termination, the City shall not owe the Operator any money for any efforts undertaken by the Operator in connection with this agreement, and the Operator shall waive any and all claims for damages, lost profits, anticipated future profits, bid preparation, expenses, and any and all other claims it has or may have against the City. 2. TERM: The term of this Agreement shall be for a period of five (5) years commencing on the date that the Facility receives its certificate of occupancy and use by all applicable government authorities. City shall deliver notice of the issuance of the certificate of occupancy within five business days of its issuance. 3. DESIGN, CONSTRUCTION, AND EQUIPAGE: City shall bear all costs and be solely responsible for the design and construction of the Facility. 4. ACCESS AND UTILITIES: The City will permit and maintain free access to the pool site and, if City changes locks at the pool site, three (3) sets of keys shall be supplied to Operator within one (1) working day. 5. OPENING: Operator agrees to make pool "ready to swim" by completing the following services, where applicable: A. Provide a pre - season "Pool Data" report of pool facility. ("Pool Data" report available upon request). Report will cover the following items: Type of equipment o Condition of pool ® Gallons of water 0 Filter type and status Page 2 of 16 ® Pool pump type and status ® General condition of pool structure ® Electrical equipment type and status B. Clean pool (pool bottom must be visible) C, Clean pool decking D. Inspect chemical feed pumps E. Inspect all filtration equipment P. Inspect flow meters, pressure gauges, and valves G. Mount diving boards, guard chairs, and ladders, if applicable H. Clean bathhouse I. Inspect water - testing supplies. (City should provide original test kit prior to opening day. Operator will re- supply test kit at no additional charge.) f. Inspect underwater lights K. Clean, fold, and store pool cover(s) L. Order, store, and inject all necessary chemicals to establish proper levels to meet all State, County, City and other applicable requirements. M. Set out and clean deck furniture. N. Start up filtration system. O. Perform requisite repair work as required herein this Agreement. Note: Operator will automatically install and /or replace those items necessary to meet county code requirements. P. Inspect all skimmers Q. Inspect vacuum system R. Inspect return inlets S. Inspect pump room valve system Page 3 of 16 T. Operator shall maintain all landscaping within the fenced area of the Facility 6. VANDALISM: the Operator shall be completely responsible for any and all cleanup required as the result of vandalism. 7. PERMITS: The Operator shall be completely responsible for applying for and obtaining from the local health department or other regulatory agency a swimming pool operating permit for the City prior to opening. Operator will pay for, in advance, all fees associated with obtaining the permit. The Operator shall acquire any and all necessary permits, and shall make any and all necessary repairs and shall provide any and all parts and items required to satisfy health department requirements. These repairs will be made in accordance with all the provisions herein this Agreement. 8. MINIMUM SAFETY STANDARDS: The Operator shall bring the City's pool into compliance with minimum standards in the following areas: A. Safety warning signs on pool deck B. Tile depth marking at water line and on pool deck. C. Safety equipment: ring buoy(s), rescue tube(s), shepherd hook(s), first aid kit, safety rope with buoys. D. GFI circuit breakers for underwater pool lights. E. The Operator shall provide a lightning early warning system. 9. POOL OPERATIONS: Operator agrees to furnish certified lifeguards trained in LGT (Lifeguard Training), Community CPR and First Aid to operate the pool on a schedule as determined by the Operator and approved by the City Manager. Operator represents and warrants it has specific knowledge of all applicable laws, codes and regulations, whether State, County, Municipality or otherwise, regarding the pool(s) operation and maintenance including, without limitation, providing the required number of properly trained lifeguards, and will ensure that its employees, agents and other parties follow all applicable laws, codes and regulations. At any time a lifeguard is not on duty. the Operator will ensure the pool is not open to the public. NO C6Ar%GE 111% DATES OF OPERATIOIN OR AUIRS OF OPrWATIOn s • #A11121CA Page 4 of 16 CITY MANAGER IS RECEIVED THIRTY (30) DAYS PRIOR TO CHANGE REQUEST. 10. WADING POOL (if applicable): Operator agrees to maintain the wading pool and, where applicable, to maintain water chemistry. 11. PERSONNEL: All Operator personnel who will work at the City's pool in fulfilling the terms of this Agreement, including all lifeguards, shall be employed solely by the Operator and be employees of the Operator. NO LIFEGUARDS SHALL BE ENGAGED BY THE OPERATOR AS AN `INDEPENDENT CONTRACTOR" TO FULFILL THE TERMS OF THIS AGREEMENT. A. Operator agrees to pay the following for Operator employees, including all lifeguards: o Wages o Income tax withholdings o Social security withholdings o State unemployment insurance o Federal unemployment insurance o Workmen's compensation insurance B. While the Facility is under Construction, the Operator shall seek City of South Miami residents to train and prepare for the lifeguard and other personnel positions the Operator will require. C. All of the Operator's personnel, without exception and at the cost of the operator, shall submit to and pass a Level II Background Check and Drug Test in order to work at the Facility and proof of the same shall be provided to the City. D. Operator shall train personnel. Personnel not performing up to the standards of the City will be replaced by the Operator immediately. E. Personnel employed by the Operator shall have Basic Life Guarding Certificates, Lifeguard Training Certificates, or the equivalent, as well as Red Cross CPR and First Aid. Page 5 of 16 F. Personnel employed by the Operator shall go through the Operator's orientation training, onsite training, and an annual guard training review. G. Personnel will be trained in the area of blood borne pathogen and provided a blood borne pathogen exposure control kit. H. Lifeguards shall have the authority to discipline swimmers and any and all other persons within the pool facility, within their best judgment and sole discretion consistent with the published and posted rules of the Operator and minimum safety standards as established herein. 1. Certified Pool Operators (CPO) will train all management personnel on independent mechanical operation of City's facility. J. Operator's full time management staff will supervise personnel. Operator supervisors will inspect the City's facilities no less than two (2) times each week to check the Facility. The Operator shall provide the City monthly maintenance reports. 12. PERSONNEL RESPONSIBILITIES: Operator personnel responsibilities shall include, but not be limited to, the following duties: A. Life guarding all, pools, including but not limited to the main pool, wading pool, baby -pool and any and all such pools as applicable. B. Checking water chemistry and record readings a minimum of three (3) times a day or as per State and County requirements. C. Maintaining chemical balance of pool water D. Cleaning tiles around pool edge E. Back washing filtration system as needed F. Cleaning pump system strainer basket G. Cleaning bathhouse daily, and inspect same each hour H. Cleaning swimming pool area daily I. Vacuuming pool a minimum of two (2) times per week or as needed J. Emptying trash receptacles and placing receptacles within the fenced area at the curb on trash days Page 6 of 16 K. Straightening deck furniture L. Replenishing janitorial supplies in bathhouse M. Enforcing the Operators rules for the safety and convenience of all patrons N. Maintain mechanical equipment O. Report all medical or disciplinary action to the Operator (copies of reports available to City upon request). P. Contacting the City Manager prior to opening for instruction on City's rules and regulations. Q.. Lock and secure facility upon closing. In cases where members may swim when guard is not on duty the guard will announce their departure and secure the facility. R. Demonstration of safety rescue procedures. S. Report and document all action that may jeopardize the spirit and content of this agreement. 13. RAIN DAY: On rain -days the Operator will keep one (1) lifeguard at the pool at all times. Closing of pool will only be at the discretion of City during inclement weather defined as including, but not limited to, stormy weather with thunder and lightning. 14. WATER QUALITY: At no time will the water chemistry cause a failure of permission to operate the pool granted by the State, County, City or other applicable regulatory body. If, in the discretion of the Operator, it is determined that the water quality is insufficient to properly operate the pool, the Operator shall have the right to close the pool for such period of time as shall be necessary to correct the water quality. Any work performed by Operator shall be subject to the terms and conditions of this Agreement. IS. CHEMICALS AND SUPPLIES: A. Operator agrees to supply at its expense: All chemicals for safe and clean pool water throughout the summer necessary for the proper operation of the pool, including, but not limited to, the following. Page 7 of 16 Chlorine Metal remover Calcium chloride Soda ash Sodium bicarbonate Pool clarifier Stabilizer Acids Algaecides Diatomaceous earth Bathhouse sup ides: Soap Deodorizers Disinfectant Toilet Tissue Paper Towels Trash Can Liners Cleaning sun_, plies: Mops Toilet Bowl Brush Brushes Scrubbies Dust Pan Sponges Buckets Light bulbs for the bathrooms, pump room, and lifeguard room. The Operator shall be responsible for the cost of replacing all light bulbs. Page 8 of 16 B. Operator shall also be responsible for providing the following equipment: Water Hoses Algae Brushes Pool Vacuum Heads Leaf Net Pool Poles Shepherd Hook Pool Vacuum Hoses Pool Rule Signs Ring Buoys . Trash Receptacles Rescue Tubes Water Test Kit Safety Rope and Buoys First Aid Kit C. Ooeratorgrees xo supply �ensg, the following: First aid supplies: Band -aides Gauze pads Antibacterial cream Bee sting swabs 16. REPAIR WORK: The Operator shall be responsible for performance of any and all repair work necessary during the term of this agreement and shall provide the City with quarterly reports concerning the same. 17. I NSURANCEILIAB ILITY: A. Required insurance for the Facility shall include the following: Operator will provide liability insurance reasonably satisfactory to City to insure against any claims for negligence arising out of or related to the Operations and will provide City with evidence of such insurance at the time this Agreement is executed. Operator will provide City with a Certificate of Insurance listing the City of South Miami as an additional insured. Page 9 of 16 2. City will supply Operator with a Certificate of Property and Casualty Insurance as to the Facility, confirming the existence of coverage. B. Operator shall maintain and keep in full force the following coverage: Worker's Compensation insurance covering all persons engaged on behalf of the Operator in the performance of the terms of this agreement. 2. General liability insurance in the amount of $5,000,000,00 for each accident and $5,000,000.00 for each person. 3. Professional liability insurance on the lifeguards in the amount of $5,000,000.00. Operator agrees to supply copies of certificates of insurance to the City verifying the above - mentioned insurance coverage. Operator agrees to list City as an Additional Insured of the Operator's General and Professional liability insurance and shall provide the City quarterly reports concerning any and all claims. 18. MISCELLANEOUS: A. City shall require Operator to display signs, at least 8 VT x I I ", at all entrances to the pool premises, in plain view, designating the responsibility of the Operator for the pool staff, and, shall seek approval for the same from the City Manager and the City's Environmental Review and Preservation Board (ERPB). B. City agrees to communicate any comments, suggestions, or complaints concerning the pool, pool staff, or management service directly to the Operator management as well as the pool manager. 19. ANNUAL WALK - THROUGH: The Operator and the City will complete a quarterly inspection of the City's facility. It is the intention of the Operator to provide the City with a detailed and specific account of the condition of the Facility. Upon inspection, the Operator will provide a written report sent to the City. At the City request, Operator will perform any repairs listed in the report, in accordance with this Agreement. 20. OPERATIONS OF THE FACILITY: Operator shall bear all costs and be solely responsible for the operations of the Facility ( "Operations "). Operations shall include the following: Page 10 of 16 A. FACILITY: Operator shall operate and be responsible for the Facility which shall include only the area enclosed by a fence consisting of one outdoor pool, one indoor pool, a reception area, office, staff area, changing areas, bathrooms, viewing area, pump room, chemical room, pool room and outdoor area for the outdoor pool. Operator shall not operate nor be responsible for the area not enclosed by the fence including of the parking area for the Facility and the remainder of Murray Park. B. SCHEDULING AND PROGRAMMING OF THE FACILITY: Operator shall have exclusive control over and be responsible for the scheduling and programming of the Facility. i. Swimming programs shall include, at a minimum, recreational /open swim, swimming lessons by the Operator, lap swimming, and community rentals. ii. Operator shall determine the scheduling of all programs offered at the Facility. No less than 25% of weekday operating hours and 50% of weekend operating hours will be provided as open swim sessions. iii. Operator shall provide reasonable public access and community use of the Facility so as not to interfere with Operator's programs. iv. Program fees will be reasonable and comparable to rates and fees charged by similar public facilities in the surrounding area. v. Free open swim sessions on a not to interfere basis shall be provided to children who reside within the City and reduced rate swimming lessons will be available for City residents. C. SIGNS: The Operator shall maintain and provide all necessary and required signage for the Facility. D. OPERATING COSTS AND EXPENSES: Operator shall bear any and all costs required to carry out the Operations of the Facility, including but not limited to any and all metered utilities required to operate the Facility such electricity, gas, and water. E. MAINTENANCE OF THE FACILITY: Responsibility for the maintenance of the Facility shall be allocated as follows: I. Operator shall be responsible for and pay for all costs to maintain the Facility, specifically only the area enclosed by the fence including at a minimum one pool, Page 11 of 16 one pool, reception area, office, staff area, changing area, bathrooms, viewing area, pump room, chemical room, pool room and outdoor area for the outdoor pool and shall not be responsible for the area outside of the fence of the Facility. 2. Should some aspect of the Facility require repair or special maintenance the Operator agrees to promptly pay for and address the same. 3. The Operator shall keep records related to the maintenance and submit quarterly reports concerning the same. 21. REVENUE: Operator shall charge reasonable rates and fees for use of the Facility by patrons and is entitled to all revenue generated by such rates and fees. 22. TAXES: Operator shall be responsible for all payments of federal, state, and/or local taxes related to the Operations, inclusive of sales tax if applicable. 23. SECURITY: At its sole expense, Operator shall install and maintain any and all security and alarm systems necessary for the proper safeguarding of the Facility and City's residents including, but not limited to, contracting with a monitoring company and assuring said applicable system directly connects with the Police Department. 24. IMPROVEMENTS: Should Operator install or improve the Facility beyond the original design of the Facility as evidenced by the approved plans required to issue the certificate of occupancy, Operator shall have the right to remove and retain those improvements after termination of this Agreement provided that such removal does not cause structural damage to the Facility. Any and all improvements shall first require City Manager written approval. 25. INDEPENDENT CONTRACTOR: Operator is an independent corporate entity under this Agreement and nothing herein shall be construed to create a partnership, joint venture, or agency relationship between the parties. 26. DUTIES AND RESPONSIBILITIES: Operator agrees to provide its services during the term of this Agreement in accordance with all applicable laws, regulations, and health and safety standards. 27. LICENSES AND CERTIFICATIONS: Operator shall secure all necessary business and professional licenses at its sole expense prior to undertaking the Operations. 28, CANCELLATION: The City shall have the right to cancel this Agreement with or without cause upon thirty (30) days written notice to Operator. Upon termination, the City shall be entitled to a refund of any monies paid in advance. Page 12 of 16 29. ENTIRE AGREEMENT, MODIFICATION, and BINDING EFFECT: This Agreement constitutes the entire agreement of the parties and supersedes any prior agreements, understandings, representation or negotiation, written or oral. This Agreement may not be modified or amended except in writing, signed by both parties hereto. This Agreement shall be binding upon and inure to the benefit of the City and Operator and to their respective heirs, successors and assigns. 30. SEVERABILITY. If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those to which it is held invalid or unenforceable, shall not be affected thereby and each term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. 31. NON - WAIVER: City and Operator agree that no failure to exercise and no delay in exercising any right, power or privilege under this Agreement on the part of either party shall operate as a waiver of any right, power, or privilege under this Agreement. No waiver of this Agreement, in whole or part, including the provisions of this paragraph, may be implied by any act or omission and will only be valid and enforceable if in writing and duly executed by each of the parties to this agreement. Any waiver of any term, condition or provision of this Agreement will not constitute a waiver of any other term, condition or provision hereof, nor will a waiver of any breach. of any term, condition or provision constitute a waiver of any subsequent or succeeding breach. 31. NO DISCRIMINATION: No action shall be taken by which would discriminate against any person on the basis of race, creed, color, national origin, religion, sex, familial status or disability, including, but not limited to times of "Adult Swim" and restricting usage of the pools to anyone over the age of thirteen (13) at any time. 32. INDEMNIFICATION: Operator hereby covenants and agrees to indemnify and hold harmless the City from and against any and all losses, damages, costs and expenses, including, without limitation, attorney's fees and court costs, that may be incurred or suffered by City as a result of any claim, including, without limitation, a claim for negligence, being asserted against City by any party which arises from, results from, relates directly or indirectly to, or is in any way whatsoever connected with Operator's obligation and duties under this Agreement. 33. TERMINATION: Upon a material breach of any of the terms of this Agreement by either party or for reasons outside either party's control, both parties shall have a duty to attempt to resolve the breach. In the event that such a breach may not be resolved, either party has the right to terminate the Agreement and provide notice of such Page 13 of 16 termination within 90 days of the breach. In the event that this Agreement is not renewed, this Agreement shall terminate at the end of its term. 34. GOVERNING LAWS: This Agreement and the performance of services hereunder will be governed by the laws of the State of Florida, with exclusive venue for the resolution of any dispute being a court of competent jurisdiction in Miami -Bade County, Florida. 35. ATTORNEYS' FEES: In the event of any litigation between the parties arising out of or relating in any way to this Agreement or a breach thereof, each party shall bear its own costs and legal fees. 36. AUDIT: Upon request and during regular business hours, the Operator shall allow the City or its consultant to audit, inspect, and examine the facility for safety and contractual compliance. in an effort to confirm such information, the City may communicate directly with service providers and providers of pool maintenance goods. Additionally, the Operator shall keep complete and accurate books and records of accounts and business operations in accordance with generally accepted accounting principles for a period of three (3) years following termination of this Agreement. 37. PERFORMANCE BOND: The Operator shall provide the City a performance bond for six (6) months of operating costs at the estimated value of $50,000 per month for a total performance bond amount of $300,000. 38. ASSIGNMENT: Operator shall not assign or transfer its rights under this Agreement without the express written consent of the City. In turn and upon its approval, the City will not unreasonably withhold and /or delay said consent. 39. EFFECTIVE DATE: This Agreement shall not become effective and binding until it has been executed by both parties hereto and the effective date r shall be the date of its execution by the last party so executing it. 40. THIRD PARTY BENEFICIARY: It is specifically understood and agreed that no other entity shall be a third party beneficiary hereunder, and that none of provisions of this Agreement shall be for the benefit of or be enforceable by any other than the parties hereto, and that only the parties hereto shall have any rights hereunder. 41. FURTHER ASSURANCES: The parties hereto agree to execute any and all other and further documents as might be reasonably necessary in order to ratify, confirm, and effectuate the intent and purposes of the Agreement. 42. TIME OF ESSENCE: Time is of the essence of this Agreement. Page 14 of 16 43. CONSTRUCTION: This Agreement shall not be construed more strongly against either party hereto, regardless of who was more responsible for its preparation. 44. FORCE MAJEURE: Neither party hereto shall be in default of its failure to perform its obligations under this Agreement if caused by acts of God, civil commotion, strikes, labor disputes, or governmental demands or requirements that could not be reasonably anticipated and the effects avoided or mitigated. Each party shall notify the other of any such occurrence. 45. NOTICES: Whenever notice shall be required or permitted herein, it shall be delivered by hand delivery, e-mail, facsimile transmission or certified mail, with return receipt requested and shall be deemed delivered on the date shown on the delivery date on the return receipt or the date shown as the date same was refused, as follows: If to the City of South Miami: City Manager, Hector Mirabile, PhD 6130 Sunset Dr. South Miami, FL 33143 Fax: E -mail: With copies by U.S. mail to: City Attorney, Thomas Pepe, Esquire 6130 Sunset Dr. South Miami, FL 33143 If to the Company President & Address Fax: E -mail: With copies by U.S. mail to: Company Attorney Page 15 of 16 IN WITNESS WHEREOF, the parties have signed this Agreement this _ day of of 2011. COMPANY NAME, a State corporation Signature of Witness Name AUTHENTICATION: Signature: Maria Menendez City Clerk Read and Approved as to Form, language, Legality and Execution Thereof: Signature: _ City Attorney CITY OF SOUTH MIAMI Signature: as its President Dr. Hector Mirabile City Manager Page 26 of 16 Exhibit 2 Murray Park Area Site Map Pool Operation and Management Request for Letter of Interest Evaluation Selection Committee Score Sheets C W M C4 O W ygMh q M(0 E CLS � 0 LL V) O w L LL Q) o� _ m O M t C) M wU 0 M V i f�1 m /_ r a cq V- N E E �0 M 5 O U J C N � N U- � N O 45 E E z0 E(D aC-. X Ca w E m E L � .ca .r- U a U N N mc O 4- N _ wo cc •O (A rn Wo L _ w ca � O 0 ' CL N cn �w F- 0 w cu N � cu c D) Y_ O L (^` �H C- L !? tf) cv ca N 0-0 U N Q U U to N a) U N tl) 0-46 � Cam? N E a E O U LL 0 N i m _T N 11 IuL i rn Z X 11 U 'O a .tl O C% 0 Y� V O a 7U N �y N0 gal is N U bA a� 0 w I RFP Title: RFP No.: Evaluation Scoring Sheet DIRECTIONS: Plene score each firm, for each ranked firm and the recommended proposer. Purchasing Division 6150 Sunset Drive South Miami, Florida 33143 (305) 663-6339 Fax- (305) 667-7806 www.cityof8outhmiami.net provided. 15. Per the LOI, the score, shall be the top Al", Experience, knowledge, familiarity /past & performance with Pool Ops & Mgmt Services. 22 (Point Range 0-25, 30% weighted score) B. Staffing & Management (Point Range 0-25, 30% weighted score) 2-0 Understanding of the Requested Services O (Point Range 0-25, 30% weighted score) 19 Firms Ability to Communicate effectively D. with City Stiff 10. (point Range 0-25, 90 %a 0% weighted score) t 6 1 2- we, , 0 I I AA I j am Reviewed by. 0—dj�iktlrl (,>/ orl t I r rili, Date: inY C;NUsers\sdavid.CSMI\AppDatakLocalWicrosoft\WindowATeinp6raty Internet FileskOLKE61361(1) Evaluation Score Sheet 10 17 11-doe 5w Evaluation Scoring t UP Title: RFP No.: DIRECTION$: Please score each firm, for each specific criteria ion criteria is weighted for importance. The firm with the firm and the recommended proposer. Purchasing Division 6130 Sunset Drive South Miami, Florida 33143 (305) 663 -6339 Fax: (305) 667 -7806 www.cityofsouthmiami.net 15. Per the LOI, the score shall be the top MONSOON i5 11 -0- '.?.. .�„ ,-\ experience, knowledge, familiarity/past A. performance with Pooi Ops & Mgmt services. -S 5 (Point Range 0 -25, 30% weighted score)' B Staffing & Management (Point Range 0 -25, 30% weighted score) G Understanding of the Requested Services Range 0 30% J (Point -25, weighted score) i Firms Ability to Communicate effectively D. with City Staff 0 O (Point Range -25, 10% weighted score) za- Reviewed by: ~�GU�� �, �r�'u!r -la�� °f z! �j, ", Date: O P. (Print Name) (Signature) C:1Documents and Settingslskulick\Lc cal SettingATernporary Internet Files \OLKB6\(I) Evaluation Score Sheet 10 17 It (6).doc r ,s yF Evaluation Scoring r � DIRECTIONS: Please score each firm, for each specific evaluation criteria is weighted for importance. The firm with ranked firm and the recommended proposer . Purchasing Division 6130 Sunset Drive South Miami, Florida 33143 (305) 6636330 Fax: (305) 667 -7806 www.cit.yofsouthmiaMi.net score shall be the top Additional Comments Reviewed C:\ Users\ sdavid .CSMI\AppData\Local\Microsoft \Windows \Temp6rary Internet Files \OLKE666 \(t) Evaluation Score Sheet 10 17 1I.doc r, =" r �ee °Tr,lcg>` e`r, S.aF Experience, knowledge, familiarity/past ,F��,F3e .ri,h i- ,feTiy A performance with Pool Ops & Mgmt Services. (Point Range 0 -25, 30% weighted score) B Staffing 0, Management Range 0 30% 2 (Point -25, weighted score) G Understanding of the Requested Services 25 a 1 (Point Range 0 -25, 30% weighted score) D. Firms Ability to Communicate effectively with City Staff 2 7 (Point Range 0 -25, 10% weighted score) e p Additional Comments Reviewed C:\ Users\ sdavid .CSMI\AppData\Local\Microsoft \Windows \Temp6rary Internet Files \OLKE666 \(t) Evaluation Score Sheet 10 17 1I.doc Evaluation Scoring Sheet RFP Title: RFP No.: DIRECTIONS: Please score each firm, for each specific criteria with ranked firm and the recommended proposer. Purchasing Division 6130 Sunset Drive South Miami, Florida 33143 (805) 663-6339 Fax: (305) 601-1800 www.cityofsouthmiami.net score shall be the top Addtttorial d �j"�� Reviewed by. Date: (P/Int Name) 4signatuleV CADocuments and SottingsUarket%ocal SettingATemporary Internet Fi1eAC6ntcnt.0ut1ookWxETDk0UX1) Evaluation Score Sheet 10 17 1 Ldoc Experience, knowledge, familiaritylpast performance with Pool Ops & Mgmt A. Services. 2— (point Range 0-25, 30"/* weighted score) B. Stiffing & Management (Point Range 0-25, 30% weighted score) Understanding of the Requested Services C. (Point Range 0-25, 30% weighted score) Firms Ability to Communicate effectively D. with City Staff (Point Range 0-25, 10% weighted score) Addtttorial d �j"�� Reviewed by. Date: (P/Int Name) 4signatuleV CADocuments and SottingsUarket%ocal SettingATemporary Internet Fi1eAC6ntcnt.0ut1ookWxETDk0UX1) Evaluation Score Sheet 10 17 1 Ldoc RFP Title: RFP No.: r a, Please score each firm, for each specific criteria evaluation criteria is weighted for importance, ranked firm and the recommended proposer. Purchasing Division 6130 Sunset Drive South Miami, Florida 33143 (305) 663 -6339 Fax: ($05) 667 -7806 www.citvofsouthmiami.net 15. Per the LOI, the score shall be the top � �lddtttonal Comments Reviewed fiy; c--? e (' c � t . Date:icJ r >- i (Print Name ) ature) 1 Q: Documents and Settings \skulioMocal SettingsWemporary Internet Filesl0LKW(1) Evaluation Score Sheet 1017 11 (6).doc ��N �"�^J,�}�Ti Experience, knowledge, familiarity /past performance with Pool Ops & Mgmt A Services. (Point Range 0>25, 30% weighted score) B, Staffing & Management (Point Range 0 -25, 30% weighted score) L C Understanding of the Requested Services 2 (Point Range 0 -25, 30% weighted score) Firms Ability to Communicate effectively i D. with City Staff (Point Range 0 -25, 10% weighted score) � �lddtttonal Comments Reviewed fiy; c--? e (' c � t . Date:icJ r >- i (Print Name ) ature) 1 Q: Documents and Settings \skulioMocal SettingsWemporary Internet Filesl0LKW(1) Evaluation Score Sheet 1017 11 (6).doc USA Pools Response to illk-all"valwAmZ 242-1, �-". For: C4 of South Miami Submitted by Matt Satterly, Vice President USA Pools of Florida 424 E. Central BLVD, Suite 30 Orlando FL. 32801 Phone: 877-248-1872 Fax: 827-2N-0872 Emailv4 mattOlusagroup.com www.usapools.com October 11, 2011 Hector Mirabile, PhD, City Manager City of South Miami 6130 Sunset Drive South Miami, FL 33143 Dear Mr. Mirabile: We would like to take this time to thank the City of South Miami for allowing our company to provide this information to you. USA Pools is a Georgia based corporation with 32 years of experience in the management of aquatic facilities and the design, renovation, and construction of aquatic facilities. We have worked with both public and private entities during our history. USA Pools has the team and experience to provide the management required to meet the goals of your new aquatic facility. We are the only one of a handful of firms that builds and manages aquatic facilities. Our team will work closely with your design firm to create a facility that will exceed your usage goals. USA Pools carries all required insurance for our work and has access to bonding for projects in excess of $10,000,000. We carry $2,000,000 in general liability coverage and $1,000,000 in auto liability. Currently, USA Pools manages aquatic facilities for over 10 municipalities throughout the country. We manage over 250 aquatic facilities currently. Our municipal clients range from $250,000.00 to $2,000,000.00 annually. We have both seasonal and year round facilities that we manage. The references we have included are clients with the services that match those you wish to provide once the facility is open for business. Per your request, we do not have any litigation filed on our company at this time. We also do not have any conflicts of interest with the City of South Miami. You only get one shot at constructing a new facility. USA Pools has the team in place to make sure your facility is designed and built the right way. Sincerely, M fit Sa rly USA Po s Section 2 rokirthnff ►' i I would like to start by thanking the City of South Miami for providing our company the opportunity to provide this Letter on Interest. Over the past 32 years, we have provided aquatic facility management services for cities, counties, federal installations, country clubs, and local communities throughout the country. During this time, we have found that the needs for municipal clients are much different from country clubs and neighborhoods. Municipal clients provide services to their entire population. To help meet the needs of so many people, we have added additional services for our municipal clients such as a swim lesson program, water aerobics, community events and parties, and swim team services. After reviewing your Request, it is clear that the services of USA Pools are tailored directly to the needs that you currently have. Based on review of Request, the City of South Miami is looking for a company,with the ability to provide a wealth of programs and activities for the residents of South Miami. Our first and most important commitment is to provide a safe environment for the City's residents. To ensure a safe and successful operation of your aquatic facility, we will provide all staff with Lifeguard, CPR, and First Aid Certifications through the American Red Cross. We have instructors on staff that are certified to teach all of these certifications. All staff members at this facility will carry a minimum of CPR and First Aid training through the American Red Cross courses. All Lifeguards will carry these certifications along with the LGT certification. Close behind the commitment to safety is a need to create and market a set of programs that will not only provide additional revenue for the City, but also provide additional services to your residents. We will offer a comprehensive schedule of swim lessons, events, and aerobics classes. We will use the American Red Cross Learn to Swim Program. This program is great for all ages and provides a comprehensive progression to swimming proficiency. All swim Instructors will be Water Safety Instructor (WSI) certified through the American Red Cross. We also have personnel on staff that can teach the WSI certification. In addition to the programs that we offer, we will work with local swim teams in an effort to create more user groups for the pools, especially during the winter with local high schools. Over the many years of managing aquatic facilities, we have overseen the operation of state YMCA and state USS swim meets. We have worked with colleges and universities and scheduling swim meets. We will look to all of these areas to provide at least 5 major swimming competitions each year. Our staff has over ] 5 years experience in running and operating all levels of swim meets. All programs will work off of a gross profit revenue share between the City and USA Pools. The City will be given, 25% of gross revenue generated from all programs throughout the year. In addition to carrying the proper certifications, USA Pools will provide additional training throughout the year using the Lifeguard Management Program offered through the American Red Cross. This is an audit program for lifeguards that provide continuous review and training on techniques learned in the LGT, CPR AED, and First Aid training. To meet the City's requirement for implementing an aquatic risk management system, we will use the Aquatic Examiner Program through the American Red Cross. This is a risk management system for swimming facilities that helps create a safer environment at each facility, Both of these programs will be performed by an Instructor employed by USA Pools. Audits on the staff and facilities will be performed on a monthly basis. The development and implementation of our programs and training will be performed by an experienced staff. The key to any successful operation is its management structure. In order to create a sound working foundation for our staff and residents of the facility, we will bring in Danielle Pollard from our Corporate Office to be Interim Aquatics Director. Danielle has 12 years experience in the.aquatics field. She is currently Aquatic Facility Operator (AFO) .cert€ ied. She Is also certified to teach most of the American Red Cross Certifications and she will be responsible for hiring the staff for all facility operations by our company. Once we have set up operations and have hired and trained the appropriate level of staff, we will begin the search for a permanent Aquatics Director. It has been our experience that providing experienced corporate structure in new operations leads to much better success in operations. It also eliminated the learning curve with staff and operations. USA Pools carries a workforce of 54 full time staff members and 550 seasonal employees. Here Is a list of current clients whose operations are in line with the vision for your facility: City of Atlanta, GA 2005 - present Provide Management & Maintenance Services to 24 Facilities City of New York, NY 2007 - present Provide Management & Maintenance City of Peachtree City, GA 1998 - present Provide Management & Maintenance City of Laurel, M5.2000 - present Provide Management & Maintenance Dekalb County, GA 2007 - present Provide Management & Maintenance Section 3 Supportive Information: Per your request, we are providing only the required information in this section due to limited number of pages we are allowed to provide. We are only enclosing a balance sheet at this time. our Income statement Is 6 pages alone and would put us over the 8 page limit. We are requesting an opportunity to meet so that we can provide a much larger package for you on our services and our operations. 0 Jam' . P, Danielle T. Pollard Experience 2003— Present USA Pools, Inc. Roswell, GA Human Resources DirectorlNew Client Start up Director • Responsible for hiring 250 staff members each year. • Develop and implement all programs offered to customers, including, but not limited to swim lessons, water aerobics, parties, special events • Assist accounting office with all payroll entries and paperwork related to employment • Provide certification training through Red Cross for LGT, CPR, First Aid • Responsible for all new out of state Client start ups. 2000 -2003 North Atlanta OBlGYN Atlanta, GA Certified Medical Assistant 1994 -2000 USA Pools, inc Roswell, GA Office Manager/Human Resources Director • Managed office for company from 1994 -1996. • Hired staff of 200 personnel each year • Provide certification training through Red Gross for LGT, CPR, First Aid • Provided staff training on facility operations • Programmed swim lessons for over 100 facilities from 1996 to 2000 1990 -1994 USA Pools Roswell, GA Pool Manager • Responsible for Opening/Closing of pool on a dally basis • Responsible for scheduling of lifeguard staff of 10 each year • Responsible for maintaining dally paperwork at each facility Education 2000 -2001 Medix Marietta, GA Certified Medical Assistant 1992 -1996 Georgia Perimeter College Norcross, GA • B.A., Business Management USA Pools of Georgia, Inc. Balance Sheet December 3l, 2010 ASSETS Current Assets Regular Checking Account $ 126,022.51 Money Market 250,499.75 Credit Card Account 6,580.41 TN Account 5,240.06 Accounts Receivable 4,000.00 Inventory 582.00 Notes Receivable - Current 32,509.59 Loan to Bobbi - CR 11,927.65 Loan to Olga - CR 2,556.67 Loan to Mahesh M. 3,770.00 Total Current Assets 443,688.64 Property and Equipment Furniture and Fixtures 7,338.70 Furniture and Fixtures -AT 1,452.38 Equipment 13,916.00 Automobiles 161,304.23 Automobiles - AT 41,081.79 Automobiles - CR (1,050.00) Leasehold Improvements 4,650.41 Accum. Depreciation - Fumitur 3,252.00 Accum. Depreciation - Automobi 57,005.00 Accum. Depreciation - Other (67,962.00) Total Property and Equipment 220,988.51 Other Assets Total Other Assets 0.00 Total Assets $ 664,677.15 LIABILITTIES AND CAPITAL Current Liabilities Sales Tax Payable $ 753.56 Federal Payroll Taxes Payable 9,939.07 State Payroll Taxes Payable 2,948.70 Current Portion Long -Term Debt (35,649.63) Total Current Liabilities (22,008,30) Long -Term Liabilities 2004 Lexus- CR 4,658.63 2006 BMW 41,960.96 2004 Lows JW - CR (32,093.16) Total Long -Term Liabilities 14,526.43 Total Liabilities (7,481.87) Capital Common Stock 500100 Paid -in Capital 18,200.00 Retained Earnings 327,034.15 Disbursement (351,892.00) Unaudited - For Management Purposes Only USA Pools of Georgia, Inc. Balance Sheet December 31, 2010 Net Income 678,316.87 Total Capital 672,159.02 Total Liabilities & Capital $ 664,677.15 Unaudited - For Management Purposes Only Reef Tropical Pools Proposal October 10, 2011 Hector Mirabile, PhD City Manager RE: Murray Park Pool Operations and Management Services 5800 SW 66th Street Miami, FL 33143 L Cover / Introductory Letter Expression of Firms interest to work: 1A BARRACUDA LANE OCEAN REEF CLUB KEY LARGO, FLORIDA 33037 PHONE: 305 -367 -2005 FAX: 1-305-367-2965 www.reeftrooical.com Thank you forgiving Reef Tropical Pools an opportunity to provide this letter of interest for Murray Park Pool Operations and Management Services, Reef Tropical Pools is adamantly interested in working on this project due to oar firm's competencies which lie in pool construction and maintenance. We are also strategically positioned through partnerships to provide all aspects of the requested work. Date of most recentpool operation and management company qualifications: Reef Tropical Pools has been operating numerous commercial pools for the past 30 years. Currently; Ocean Reef Club, Cheeca Lodge & Spa, Facundo Bacardi, etc. (references and more accounts. available upon request). Our management team & company are surely qualified for this endeavor. The management staff consists of some of the most qualified and experienced pool professionals in all of South Florida. Some highlights include: Florida Swimming Pool Association (FSPA) member D Numerous Certified Pool & Spa Operators through the National Swimming Pool Foundation Recognized by the Association of Pool and Spa Professionals (APSP) for building awards 9 jandy and PentiarEquipn entcertifications B Three employees have completed the Genesis 3 Construction School Certified Pebble Tec installer A Member of the Associated Swimming Pool Industries of Florida (ASPI) Statement regarding company's possible conflict(s) of interest for the work: Reef Tropical Pools has absolutely no conflicts of interest in with this project as it corresponds exactly with Reef Tropical Pool's value proposition. Summation of information contained in the letter of interest: Reef Tropical Pools will bring together in a master proposal, South Florida's best expertise in pool design, pool construction, pool mechanics, pool cleaning, common area cleaning, swim instruction, swim programs and pool staffing. Likewise., all of the personnel can be structured under Reef Tropical Pool's single source of responsibility. .Page 1 Letter of interest - Pool Operations and Management Services ii. Section iI - Evaluation Factors A brief synopsis of Reef Tropical Pool's previous pool operating & management services experience that Is focused on the type of work advertised for services performed within last five (5) years: Reef Tropical Pools prides itself on its ability to consistently perform at a high level all while offering top notch customer service. This is evidenced by the fact that Reef Tropical Pools maintains over 700 accounts which comprise roughly 1,000 pools and spas. These pools and spas are a mixture of both commercial and residential properties. Notably, Reef Tropical Pools does over one million dollars in pool cleaning services and one million dollars in pool mechanical services each year (commercially and residentially) - see financials. Together with our alliances stated herein, we will demonstrate strong experience in all areas in your scope of work. Reef Tropical Pool's Mission Statement: Maintain a leadership position throughout South Florida with pool and pool construction - highlighting the importance of customer service and quality. Furthermore, use our strengths in maintenance to capture new projects and build more "serviceable "installations for customers to enjoy. Number of Employees within the company: Reef Tropical Pools, Reef Tropical Construction and Reef Tropical Lawn employ 55 people A brief description of the Company's approach to performing pool operation and management for this work, Including the company's understanding of their responsibility, claim's, etc. We fully understand all responsibility, claims, etc. Furthermore, we have relationships with Department of health inspectors at the state level and know how to design and maintain aTool to meet their specifications. Our approach is simple: Reef Tropical Pools does what they require and we meet code. Lastly, we ask them if they have any questions - they respect that innovative Approaches to be used, The Letter of interest and draft operating and management agreement is broad in its scope. Therefore, we feel that no single South Florida Company has enough valid expertise in all areas. Likewise, they will not be insured in all areas. Reef Tropical Pools is willing and able to develop a team under a single source of responsibility for this project: We Will use Reef Tropical Pools and Reef Tropical Construction to perform substantially on all of the pool operations and construction (if asked). Correspondingly, we will put together a team of top experts in South Florida to consult on the design, perform services as listed and staff the operation of the pool. The team will consist of Reef Tropical associates and consultations and sub- contractors listed below: Pool Equipment.& Water Quality: ➢ Al Mendoza @ amendoza@-cesmail nre of www.ceswateroualitv.com Page 2 Letter of interest -Pool Operations and Management Services Staffing & Programs: ➢ Miren Oca @ miren@Q&aquaUlcusconi of www ocaquatics.com Pool Design: H John Wahler @'ifo a uad,ny antics .bizofwww.aouadvngmics.biz Common Area Cleaning: A Victor Perez@ reeftrnpicalcleang @yahoo.comofwww.ainu age entetservices.cm Insurance: ➢ Dave Griffiths @ cicriffithsC ii,.;byicenbi-own.coii2 a broker for Amerisure Insurance Company Note: We commend the staff of the City of South Miami for having the foresight to include the pool operator and pool construction entities in the consultation on the design of the facility. Our team listed above is the best available in South Florida and is non - negotiable, if under our responsibility. 111. Section III - Supportive Information Organizational Chart indicating personnel to be assigned by position: Figure 1- Organizational Chart Resumes of Key Personnel: Reef Tropical, Claude 1Kershner III (President): Claude has been operating Reef Tropical for 13 years and has grown the company internal with business development and externally through acguisitlon. fiis dedication Is shown through his willingness to be the emergency weekend contact Ear all 700 pools and spas that Reef Tropical Pools maintains. Letter of interest- Pool Operations and Management Services David Minchener (Pool Service Manager): David has 21 years of experience in the Pool Service Industry. His level of knowledge makes it easy for him to answer questions and remedy all pool inquiries from construction to maintenance. Manny ixtiahuac (Lead Mechanic): Manny has worked five years as a pool mechanic and has various certifications from equipment providers along with HVAC certification. He prides himself on, not only fixing problems, but preventing them from happening again. Jack Jaunbral (Pool Construction Manager): Previously owned and operated his own pool construction company for 25 years. Now jack runs the pool construction division of Reef Tropical. Cindy Lopez (Customer Service Representative): Cindy has worked 10 years in the service industry. Cindy cares about Reef Tropical's reputation and brand. Cindy's team has quick response times with excellent follow up, allowing customers to simply trust our recommendations to deal with pool issues. Note: Reef Tropical Pools will have other personnel not listed here due to space in such areas as supervision, customer satisfaction & accounting. Insurance by Ken Brown: ➢ An independent insurance agency which has been serving the swimming pool service and construction industry for over 30 years. IBKB and our designated insurance companies have been endorsed by the FSPA, Florida Swimming Pool Association, since 1484 and we currently insure the majority of providers in this industry throughout Florida and the southeast 9 The insurance program that they provide to Reef Tropical is afforded through the Amerisure Insurance Company includes some important insurance coverage unique to the pool industry which are excluded by our competitors. Those relate primarily to pool popping and pollution related coverages which may arise from the use of chemicals. Reef Tropical's current policy with Amerisure includes a 5 million dollar Umbrella policy Ocaquatics: ➢ Staff includes Swimming Teachers, Office Assistants, Deck Assistants, Camp Counselors and Lifeguards. The personnel have an unlimited amount of energy and a never - ending smile, endless patience but firm with children, a great sense of humor, a professional appearance. They are also able to work under pressure and work as a part of a team. A All swimming teachers and lifeguards have a current CPR certification; WSI or LG certification. Aquadynamics Design Croup: • An aquatic design engineering company founded by John j Wahler, a veteran design professional educated and experienced in both architecture and engineering • Firm is completely dedicated to the planning and design of successful aquatic facilities for clients — Page 4 Letter of interest - Pool Operations and Management Services CES Water Quality. ➢ Commercial Energy Specialists (CES) provideds "supply and support" water treatment programs for thousands of institutional and commercial swimming pools, spas, water parks, water features, and industrial process water clients. Current clients include many cities, counties, school boards, universities, Disney, major water parks, resorts, motels, and condos. Year after year, CES has been rated'41 among aquatic water treatment companies, by the top commercial .equipment manufacturers in the industry. CES's staff of factory- trained technicians and AFO- Certified operators /instructors provide on- going training and support for each, and every technology thatwe supply for the program. We provide and help you maintain a custom water quality program to develop your in -house operations, continually guiding your aquatic and maintenance personnel to "Eacelience in Water Quality Control." Other information one may feel would be beneficial to the request: Through this letter, we have demonstrated Reef Tropical. Pool's ability to service this project in all components by leveraging our internal resources and alliances. If we have not displayed enough information necessary to go forward with our organization, please let us know. Beef Tropical Pools and its management promise to be honest and candid to reduce the amount of wasted time and effort. We respectfully request to present and to be interviewed by the decision maker(s) on the award. Also, we respectfully request the chance to speak with the current staff persons) who will be evaluating our performance, if chosen. We will require a deposit to be retained and prompt payment for our services. Because of our track record and financial stability, the Performance Bond (now 4 months and $200,000) is easily obtained. In closing, we ask you.... Who's the best Insurance Company for commercial pools in South Florida? Ask around it's Amerlsure Who is the best Water Quality Consultant for commercial pools? Ask around, it`s CES & AI Mandoza Who is the best commercial .pool designer in South Florida? Ask around, it's John Wahler Who runs the best swim programs in South Florida? Ask around, it's Miren & Ocaquatics Who can put such a design build team together and negotiate a favorable price for the City of South Miami? Respectfully Submitted, ,d Claude B. Kershner III President Most Recent two (2) year unaudited financials (income Statement & Balance Sheet) of the company (See next two pages): Page 5 Letter of Interest - Pool Operations and Management Services 1,400,33LY0 Je0.00ata 4.0.0.. Co OrdlnvryNtometEVp.n¢¢ pNNprylneemetExpene. Income IOAD income 4010• P6.18000 Revenue 1,146,989,05 <pio•Pooissrvka ftovonua 1.078181043 4060•EqufptMMAnnuel 58.484.69 4080• Equipment Annual 89420.08 4100•Paciftstra 828.182.89 4100 •Pool Rep¢(ra 740.76T.0% 4190.6vte0 8,16628 4180.6nten 6076150 4140.8UBCONRte"EOWORK - 4.284.43 4500.6URCONTMOVrEIJWORK 11,331.40 Totetincome 204380r82 Total Income }.808.728.09 - Cott.M. 06.16 178.70 Coal W poodJ said 3.227.79 WOPD•GOpOfOwd38o14 72228 E010 •Ppg1•ChemkoN 128,75189 60f0•POOL•Chemtula 1241806.80 6012•TAXA9LE8UPPLIE6 16.31028 50112•TAXATOEBUFFUM 31,505.00 6015•POOL -leaf. 295,380.OS a01d•POOL 44K1 35289695 8020• POOL Radial Pquipmont 1$56.35 5020•PODLRC4tat Equlp.oM 1,787.42 6020• POOL 8u6wntr¢eron 44,317.16 6020 PDOLBUbcwtmdop 40.008.6 6030•POOLPmmits 2106640 bOJO•PODLPom1he 014.20 $031• POOL, Job Related Gann 4.46346 ¢ 50311 POOL -Job Related Co.,. 0 ,833.85 YOWCOSS $13,732.10 TOld CCGB 58.1,175.92 6088 PaN0W4Mstnhnanm 7,022.01 cla0•fnsunnve 45.140.60 Oroe. Prolk 1,382988.90 Crate Prat 1,400,33LY0 Expenw coos• R.candil.l(on Olucmp ... To. IOAD Fxpn.ae Goes .11.0.11o40.004va¢Poneiv. 420 6010.AdV.RWn9 4,425,87 0015•Avd."Ir tton Expanse 20.80040 x910 pdvedkN9 9,507.00 BOfd•Amortktl(on Erpmae 2a,800.00 60id•BwOF3.. 6020 • Bank6.rvlca Change. L01o.00 24W.70 6016.6edbeht WrXe OIt 77400.80 6626•COnki6uttons 1.0bi"69 8015.8end F26. 2521,6 6830 • cu"..erR.P¢1K to property 178.70 8020• Beek 6¢Nlto Chpgoa 3.227.79 6036• C..tameTWntor(boon. 2,059.40 6025- C.A(M.00nr 140280 0040.00DYaelaltan Expanse 28,66282 ¢060•CUpomarRepirst....... V 327.12 6050.0 ... ..da.b..dpdon. 3.060.44 6bJ6.EYdamerW %GICrc50s 3.709.68 BOOO.EMpieyee Exp.naan 10.207.8 0040.ORo.001on Dean$. 98,438.35 6074.TaIl Veket. 040 Oo"0 D.sand Sabpllplten. 1,90 &77 - 6060. Equlpmonl& Meehlnety Expenoan 599183 0019•Empiby¢. Expanses 10,54607 6060 - Egeipm.nt Rental L•xp.na. 008 0074•TRITish¢Ie 06.80 Gone - FaNBtles MefMD4A9ee 52P3A7 4080•Equlpmen1 b Machinery Ex penned 149.11 8t20•CVit GrtRepaira 3,37122 6088 PaN0W4Mstnhnanm 7,022.01 cla0•fnsunnve 45.140.60 4120.GRI aAR.p.lm 5.807.70 6246•hltanat E...... 4,625.07 61s0- imupnu 24,690.63 $230. Lt..... A Fe.. 09a5.22 SlWfcabad.l Expant. 4.49027 9240 -Office Expan %e 3,369.10 62301Llaonse. b Face 2,435.$7 6750.00Itasuppiloa 6,3$8.81 6240.01Ia EX9ont0 T.045.04 625Y•Paat¢9e &Oellvoty 3440.74 6260•bRkeeuppika 8530,87 8290.Pro4assten.TFece 8.2ELSO 6266• P.O.M.60oihdq 31173.85 6272. M¢n.D.m0nn Fe.. taldT) 135,00634 a2a0•Pgre..la001Pao. 7.19580 OI80•R.nl 11080644 6272• WoRbmcM Rea (CWTi 121.60.9 9290•$m.it TOOk& supplie. 0,884.45 6280•Reet 10663044 6300. 1ax.. 003.99 42PD•8ma0TON.d 6Vpppea 996980 6360•Ta7epheno 12.$51.52 6300 -T. . 746.40 8400• Twat b EntaMlnme0t 7.32625 eadOTalephone 048744 9650•U01hlo. 12.71201 6100•Tr4Velb rnWM1nmml 0.026.74 6100•VehbteY E %peones 5,070,27 5680•0014h0 11.100.75 0a0s•Faal Expe... 14,073.83 Rato-WhkR.Expang. 7,902.2 able, Loan on Oisp of Flood RSSaI 1.958,93 6645•FUel Eapenaa 23.047.19 8937. Lae. a. Say. a1 gobh v id.c.. 2,812.14 6990•payro9A6mfn Fa.. 3,]69.56 SPOD.Peyroif Admin Fe a. 3.559.8 r400•Wodme. Camp tnt.mnaa Coach.. 14.008.75 7DD0•Warkae*CO,dPf ... .... Eno.... 14274.5% 1100•PgWro Pael Adefn(nCJ) I"j"62 TWO - Payroll. Pool ACmin(DCJ) 173,041.41 Me•Pxyro9- PCOlofwnep 418.815.04 7143•PeyroR -Pool Ckanatn 302819.48 line - Peyton. POO1Meo.nk, 143,907151 7110-PayYO11- Pa.$Meolssatce 1521231,70 7300•P¢yroll- O0rerlabomrs 748,94 7300• Payroll. (floor Lobel.. 120792 Te(eIEYPtnse 1.390.01913 robot Exp.va ixl;A36R Notocelmrytneame 141.312.0 Notaned.ryhrwma 184.682.]. lnhvrincmma3E%penze OlherincomolExpen ¢ e Ol e,'Ic.ome OlM1erinwma 4900•plheAncvme 4W80 4200.01h.11ncame 60281 T." coflabmne 400.50 Tomi Olherinaoms 80241 Not OlhaTtneema 682.8F Not Oiharincome 44390 Net inaeme 1ds,02eA7 Netin wmo 141.13246 - - Page 6 Letter of Interest - Pool Operations and Management Services Pnv11. 10 105,93245 ASSETS A95ET6 305,9]2.46 CmmntAleob Cumnt Afsaia CXackinB/9ovinBa Chwkr.,X.WMa . taut• Omlkor Amotioo 19128749 t0at•8ankolAmcrtba 1025•paYAet 10.w - 1026. Paypat Toki ChacWnpBevinBb 181,29].19 _ ToLIChwNM076nWnga Amaeunla RrnAIV +bb t100•Aamunb Facalvatlla 105,93245 Taiol Atzounb Racalvnbte 305,9]2.46 OUwr CdttantAaeeb 1120• NUa from H)'COnaNaOUmn 44EM 9140.0]40 14040.7 lows 2.M8.66 1290.Oepoa6a Paid M more 51107,20 t31U•PmpMyaaAdvsncat 0.122.60 1559 • PmWld1 ".". 10.0228 1300• Mopeld ineeranoe (X.09366 Tobl Olhe7CmraMAabola 32.47244 TobICUHwIAaaoty 629,702.48 flaw Aawta 19m•Vahlatoa - WE MST IRS) EgMPmbnt &Machinery 64 .463A1 1808 • Foww* 8091. Equlpm4nt' 1,67442 Total Fia00 Alaab 122.147.74 Omar Aalvb 1503• AeeumutaEd Am9dlw9m .1`02.40833 1070.00 131 562,76049 197b•Nen.Gompeb 2140000 itlBD•010ap44Wnat GOSb 14,EOD41 Tebl Othor Anaota 926.861,43 TOTAL ASSETS 9T7.'I11X0 LMOIUTIES6EOUITY tdam9Ra. Cdtr MiAblaike Aceounb P4yeMe 2000• Axaunfb Payable 66,83273 YoWt AU4o0nfn PrryeDiq 65,63273 GMIt CmMa 2M0•Amket Amadu Vlso 44.17 2055- CPPIWIOAO Vita 736.69 tam • Ama7tmn Ealxe.. 233.07 2066•Chave Wae 1449.8 2670•HmnalMpo[ 0.00 tom •a61ve tlopet4394 MAE Tolai Cledn C.M. ;111848 01X47 CUrtbnt UObiliibe 2100• PREPAU) ECVIPMENTANNUAL6 V.160Aw 2300• PREPAID AtMELSeEme 228625.6 D50•PR6 -PAtO POO1I8PA WOAK 3.049.50 2JT5.3afoa TakuayaMm 0.04088 24W •Payroil UbbNUea .0.03 2WD• V*WI.Ltabiiit(. 30,017.01 2760• Honda FlnwWal 2Y49298 28m•Equlpma0tt(vM6Uaa 34,23L22 Tab101hor C.11.m UObllluea 32$164183 Totot CUmnl 1.403040 666.195.83 1o1nfLbhVIO0. 396.185.63 EAUtty 3at0•COmmen Btoek 10•a00.o0 3100• naWned ParMnpa 960.223.17 5150 • BNamho Wot's Copiml 59.397.50 1200•ahatokotdm'e Onwe •809,817.75 Noe lncgmm 141.71295 ToW Equity 01.8138] TOTALLUUMILM984EQUITY 077.111.70 Ata.0 %Reeaivabh 1180 • AccquMa Rlwetvabte TabsA."to Rawivablm OmarCumntAweb 129D•OaWNW Widio epwra - 1J1D•Empbyao AWanaaa TeblOWgr GUemn4 ASmb Total CUaantMwb Pt+bd Ahab t328•V4h1Ne+ 1E60 •Egnpment 0 Machmnry 1800 • FAMtu.4OMae EgolpmaM Toles Fbad Aaaeta Omer Aaaalm 1E06 • AewmubNd Amert W non 19Ta•QA4awln 1956 • NOn4iampata 1980.OrpenfsolMnal COaty Tobt OmarAlagb TOTALAS9ET8 CIA01111IMAECUFT UabnMaa CUmM Uab0ltlan AccoUMa Peyabio 2000 •paoanb Poyeble TnW Ae4ounb P+YabW Grod14 G4Me SD10•Renk o}Amedm VTav 3056• Cep1141 thm Vlw 2040 • Amalicnn Eapmaa 2006• CAaw Vin T018•ItgMe0apat 2090•Mliea DepoMJ94 Total Credit Cella 0Wbr4u.tLkb0w. 2140.84 . ftpbin 1240 • PREPAID EQUIPMENT ANNUALS 2164 • PREPA10 ANNUAL MIO46E 2354• PF6PAIO POOUSPA W"K NITS V41ba Tmt Payable 2400•V4bE%LWWff t0S am, H."VN .Ml 7860 • Equipment U+b9itloa lobl0mar CUmnt Wbakioa Yetafeumnt LteMlhama To Itbblllaoa Equigl J010•Cammonetack 3140 • RMabwd HamlAga 3140 •8fwrahoideM1 bPitvl JZ00 • ehvntMldeYb Onwa Natingomb Tobt Egvhy TOTALCU%81=f$E EQUTrT 0. 31.09 110.12490 40.00 129.101.99 350.10320 350,103.20 5.39T.20 6.220.10 10.01730 406A03.49 76.861.85 03367.92 3.374.19 143.30.1.06 - 273.899.33 592X60.00 21.00D.00 16600.81 354.801,46 -.993.9)1.01 65.61733 66.611.33 4417 802.12 233.OT 89).10 800 60.34 1.9o2Eo [8.649.70 1.150,00 210.119.50 420040 6,9M95 46.127 >6 3J .39353 MORA6 386.444.66 422,958.78 422.958.74 10.000.00 704AW.80 6&30190 41644644 133.32331 570.07213 993.BN.9f