15affmimm
To: The Honorable Mayor & Members of the City Commission
From: Hector Mirabile, PhD, City Manager
Date: February 23d, 2011 Agenda Item No.:-6
The City withheld selection of a design/build proposal for the Murray Park Community
Pool until an operator was approved and available to provide the City the insight
necessary to proceed with that aspect of the overall project. It was Ocaquatics 2, Inc., a
company wholly owned and managed by Ocaquatics, Inc., hereinafter referred to as
"Ocaquatics", which provided the top ranked of the four (4) proposal submittals received
for the Murray Park Pool Operator RFP No. SM-FN 2010-15.
The City Commission, through Resolution No. 31-11-13345, then authorized the City
Manager to negotiate an agreement with Ocaquatics for advising and consulting services
Background: concerning the design/build of the Murray Park Community Pool and for its operation and
management thereafter completion of all construction, inclusive of all costs, and requiring
no annual fee from the City for the duration of the agreement. Should the pool not be
built, the operating agreement referenced herein shall be rendered null and void with no
cost or obligation owed or due to either Ocaquatics or the City.
The City Manager now seeks the City Commission's authority to execute the negotiated
agreement with Ocaquatics 2, Inc., in the substantially attached form, for the duration of
the agreement's initial three (3) year term and its two (2) one (1) year options to renew for
a total term of five (5) years.
Expenditure sul
Supporting Murray Park Community Pool Operating Agreement
Documentation Resolution No. 31-11-13345
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RESOLUTION NO.
A Resolution of the Mayor and City Commission of the City of South Miami,
Florida, authorizing the City Manager to execute an agreement with the
company Ocaquatics 2, Inc., a company wholly owned and managed by
Ocaquatics, Inc. the top ranked respondent for the Murray Park Community
Pool Operator Request for Proposals (RFP) No. SM -FN 2010 -15, for advising
and consulting services concerning the design /build of the Murray Park
Community Pool and for its operation and management thereafter completion
of all construction, inclusive of all costs, and requiring no annual fee from the
City for the duration of the agreement's initial three (3) year term and its two
(2) one (1) year options to renew for a total term of five (5) years, and providing
for an effective date.
WHEREAS, the City withheld selection of a design/build proposal for the Murray Park
Community Pool until an operator was approved and available to provide the City the insight
necessary to proceed with that aspect of the overall project;
WHEREAS, Ocaquatics 2, Inc., a company wholly owned and managed by Ocaquatics, Inc.,
hereinafter referred to as "Ocaquatics ", provided the top ranked of the four (4) proposal submittals
received for the Murray Park Pool Operator RFP No. SM -FN 2010 -15; and,
WHEREAS, the City Commission, through Resolution No. 31 -11- 13345, authorized the City
Manager to negotiate an agreement with Ocaquatics for advising and consulting services concerning
the design/build of the Murray Park Community Pool and for its operation and management thereafter
completion of all construction, inclusive of all costs, and requiring no annual fee from the City for the
duration of the agreement.
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA;
Section 1 That the City Commission authorizes the City Manager to execute the negotiated
agreement with Ocaquatics 2, Inc., in the substantially attached form, for the duration of the
agreement's initial three (3) year term and its two (2) one (1) year options to renew for a total term of
five (5) years, and providing for an effective date.
Section 2 This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this day of
ATTEST:
City Clerk
Read and approved as to form
and sufficiency:
City Attorney
2011
APPROVED:
Mayor
COMMISSION VOTE:
Mayor
Stoddard
Vice -Mayor
Newman
Commissioner
Palmer
Commissioner
Beasley
Commissioner
Harris
MURRAY PARK POOL OPERATING AGREEMENT
THIS AGREEMENT is made between Ocaquatics 2, Inc., a Florida corporation,
( "Operator ") and the City of South Miami, a Florida municipal corporation, ( "City "), on this day
of of 52011.
WHEREAS, City desires to design and build a community swimming pool facility
( "Facility ") at Murray Park located at 5800 SW 66th Street, South Miami, Florida;
WHEREAS, City requires Operator to participate in the design of the Facility to include
one outdoor pool, one indoor 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;
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, the above services shall be at no charge to the City in consideration for
allowing the Operator to have a five year operating agreement with the City to operate and
maintain the Facility with receipt of all revenue from the operation of the Facility; and
NOW, THEREFORE, in consideration of the mutual promises and agreements
hereinafter set forth, the receipt and sufficiency of which are hereby acknowledged, and the
parties agree as follows:
1. WHEREAS CLAUSES: The above whereas clauses are incorporated into this
Agreement as fully set forth above and are made an enforceable part of this Agreement.
2. CONTRUCTION OF THE FACILITY: The Operator understands that the
construction of the Facility is subject to the unfettered discretion of the City, as opposed
to the Operator, and if it is not built and approved for occupancy and use by all applicable
government authorities within three years of the effective date of this Agreement as
defined herein then this Agreement will not go into effect. If this Agreement does not go
into effect then neither party will have any further obligations to the other party.
Furthermore, if this agreement does not go into effect because the Facility is not built and
approved for occupancy and use by all applicable government authorities within three
years of the date of the Effective Date of this Agreement, then the City will not owe
Operator any money for any efforts Operator has undertaken in connection with this
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Agreement, and Operator waives any claims for damages, lost profits, anticipated future
profits, bid preparation, expenses, and any other claims it has or may have against this
City.
3. 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;
B. The design of the Facility substantially complies with the design parameters set
forth in Exhibit "A" of this Agreement on the sketch of the land as set forth in
Exhibit "B";
C. The Facility as described in this Agreement is enclosed by a screened fence and
excludes the 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
D. 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 the City.
In the event that these conditions precedent are not met within three (3) years 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.
4. TERM: The term of this Agreement shall be for a period of five years commencing on
the date that the Facility receives its certificate of occupancy by all applicable
government authorities. City shall deliver notice of the issuance of the certificate of
occupancy within five business days of its issuance.
5. DESIGN, CONSTRUCTION, AND EQUIPAGE: City shall bear all costs and be
solely responsible for the design, construction and equipage of the Facility required to
issue the certificate of occupancy from the City.
6. VANDALISM: For any and all cleanup required as the result of vandalism that may
occur inside the fence of the Facility, the Operator shall be responsible for cleanup up to
$1,000 and the City's insurance shall pay for cleanup in excess of $1,000 provided the
vandalism is not caused by the Operator, its agents, servants or employees. For any and
all cleanup required as the result of vandalism that may occur outside the fence of the
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Facility in the remainder of Murray Park, the City shall be responsible provided the
vandalism is not caused by the Operator, its agents, servants or employees.
7. PERMITS: Following the issuance of the certificate of occupancy by the City, the
Operator shall be completely responsible and pay for applying, obtaining, and
maintaining all applicable permits required to open and operate the Facility. In addition,
should the Operator make any improvements to the Facility beyond the original design of
the Facility evidenced by the plans approved required to issue the certificate of
occupancy, the Operator shall be responsible for and pay for applying and obtaining such
permits as may be necessary to accommodate such improvements.
8. MINIMUM SAFETY STANDARDS: The Operator shall maintain the Facility in
compliance with all applicable required and minimum safety standards.
9. MANAGEMENT AND STAFFING OF THE FACILITY: Operator shall have one
Aquatics Manager (certified in Aquatics Facility Operation, International Swimming
Instructor Association Adaptive Aquatics Certification, American Red Cross Water
Safety Instructor, Lifeguarding, CPR and First Aid) and one Office Supervisor on site.
Staffing requirements will vary as necessary including but not limited to supervisors,
swimming teachers, lifeguards and office personal. All swimming instructors will be
certified in American Red Cross Lifeguarding, CPR, First Aid and Water Safety
Instructor. If at any time a lifeguard is not on duty, the Operator will ensure the pool is
not open to the public.
10. DUTIES AND RESPONSIBILITIES OF THE OPERATOR: Operator agrees to
provide its services during the term of this Agreement in accordance with all applicable
laws, regulations, and health and safety standards and will ensure that its employees,
agents and other parties follow all applicable laws, codes and regulations.
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 but must be employees of the Operator.
A. Operator agrees to pay the following to its employees: 1) wages, 2) income tax
withholdings, 3) social security withholdings, 4) state unemployment insurance, 5)
federal unemployment insurance, and 6) workmen's compensation insurance.
B. The Operator shall include City of South Miami residents in its hiring process to train
and prepare for the lifeguard and other personnel positions the Operator will require.
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C. All of the Operator's personnel, without exception, 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 upon request.
D. 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.
12. PERSONNEL RESPONSIBILITIES: Operator personnel responsibilities shall include,
but not be limited to, the following duties:
A. Life guarding all pools;
B. Checking water chemistry and record readings a minimum of once 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 changing areas and bathrooms 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;
K. Straightening deck furniture;
L. Replenishing janitorial supplies in changing rooms and bathrooms;
M. Enforcing the Operator's rules for the safety and convenience of all patrons;
N. Maintain mechanical equipment;
O. Report all incidents of accidents that occur at the Facility and make such reports
available upon request to the City's risk management officer (human resources)
within three business days of the occurrence. Make verbal reports of such
accidents to the City's risk management officer (human resources) within three
hours of each occurrence; and
P. Lock and secure facility upon closing.
13. CHEMICALS AND SUPPLIES: Operator agrees to supply and maintain at its expense:
(a) all chemicals and supplies required for safe and clean pool water, (b) changing area
and bathroom supplies, (c) cleaning supplies, (d) normal incandescent light bulbs for the
bathrooms, pump room, and lifeguard room, (e) all equipment necessary to efficiently
clean the pools, and (f) all first aid supplies and equipment. Said chemicals and supplies
shall be of good quality.
14. INSURANCE: Required insurance for the Facility shall include the following:
A. 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 the City with a Certificate of Insurance listing the
City of South Miami as an additional insured. Failure to comply is a material
breach of this Agreement.
B. City will supply the Operator with a Certificate of Property and Casualty
Insurance. In no event will the City be required to carry liability insurance as that
is solely the responsibility of the Operator.
C. Operator shall maintain and keep in full force the following coverage:
1) Worker's Compensation insurance covering all persons engaged on behalf of
the Operator in the performance of the terms of this agreement and
2) General commercial liability insurance in the amount of $1,000,000 per injury
and $3,000,000 aggregate.
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. City has the right to request
periodic certificates of insurance.
15. WALK THROUGH: The Operator and the City may complete a quarterly inspection
walk through of the City's facility at the City's sole discretion. At the City's request,
Operator will perform any repairs listed in the report, in accordance with this Agreement.
16. 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:
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 OF THE PROGRAMS OF THE FACILITY: Operator shall
have control over and be responsible for the scheduling of the programming
including days and hours of operation of the Facility subject to the city manager's
approval. No change in dates of operation or hours of operation can be accepted
unless written authorization from the city manager is received within five
business days prior to the change request with the exception of schedule changes
due to weather and other such unforeseen circumstances. City manager approval
shall not be unreasonably withheld.
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C. PROGRAMMING OF THE FACILITY: Operator shall have control over and
be responsible for the programming of the Facility subject to the following:
i. Swimming programs shall include, at a minimum, recreational /open swim,
swimming lessons by the Operator, lap swimming, and community rentals.
ii. No less than 25% of weekday operating hours and 50% of weekend
operating hours will be provided as open swim or lap swim sessions.
iii. The City shall not limit the ages of the children who use the facility.
iv. The Operator shall charge $4 for open swim or lap swim for all residents
and non - residents of the City subject to a 5% increase per year.
v. Children on free or reduced lunch program can participate in open
swim/lap swim or swimming instruction for 75% discount from regular
prices.
vi. Children participating in the City of South Miami summer camp will have
the opportunity to swim in the facility for free during camp. The schedule
to be worked out with the camp director and Operator.
vii. Operator shall have the right, with mutual agreement with the City, to
allow other operators the ability to run programs at the Facility under the
Operator's supervision.
B. SIGNS: The Operator shall maintain and provide all necessary and required signage
for the Facility including a notice on each admission ticket into the Facility that states
the Operator operates the Facility and is an independent contractor of the City.
C. OPERATING COSTS AND EXPENSES: Operator shall bear any and all costs
required to carry out the Operations of the Facility. Operator shall pay for any and all
metered utilities required to operate the Facility such electricity, gas, and water.
D. MAINTENANCE OF THE FACILITY: Responsibility for the maintenance of the
Facility shall be as follows:
1. Operator shall be responsible for and pay for all costs to maintain the Facility and
shall not be responsible for the area outside of the fence of the Facility or the
remainder of Murray Park.
2. The Operator shall keep records related to the maintenance.
E. OWNERSHIP OF THE CURRICULUM. Operator shall have complete ownership
of the Operator's proprietary curriculum including the swimming programs and
teaching of the Facility. The Operator curriculum, management and operating
procedures will be used only when Operator is the operator of the facility.
17. 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. The standard of
reasonable rates and fees shall be what other similar facilities charge in South Florida.
18. 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.
19. SECURITY: Operator shall maintain any and all installed security and alarm systems
that may be 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 systems are directly connected with the City's Police Department.
20. 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 or any other damage that is visible or otherwise ascertainable by
inspection. Any and all improvements shall first require City Manager approval.
21. INDEPENDENT CONTRACTOR: Operator is an independent contractor under this
Agreement and nothing herein shall be construed to create a partnership, joint venture, or
agency relationship between the parties.
The City shall have the right at no charge by the Operator to place reasonable signage on
the subject premises and outside the subject premises, which signs shall inform the public
that the premises are operated by the Operator and not by the City and that any claims,
grievances, or Complaints of any nature concerning the operation or failure of operation
of the Facility or any other matter concerning the operation by Operator are solely and
entirely the responsibility of the Operator and not the City of South Miami.
22. 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 of
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.
23. NO DISCRIMINATION: No action shall be taken by the Operator or City which would
discriminate against any person on the basis of race, creed, color, national origin,
religion, sex, familial status or disability.
24. 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, attorneys' fees and court costs, that may be incurred or
suffered by City as a result of any claim, including, without limitation, a claim for
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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.
25. TERMINATION: Either parry has the right to terminate the Agreement with or without
cause and provide notice of such termination within 90 days.
26. MODIFICATION OF THIS AGREEMENT: No waiver or modification of this
Agreement, in whole or part, will be valid unless in writing and duly executed by each of
the parties. 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.
27. 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 -Dade County, Florida.
28. 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 parry shall bear its own
costs and legal fees.
29. ENTIRE AGREEMENT: This Agreement contains that complete agreement of the
parties and will supersede any and all other agreements, understandings and
representation by and between the parties hereto pertaining to the subject matter hereof.
30. 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.
31. DEPOSIT: The Operator shall provide the City a deposit equal to the cost of six (6)
months of maintenance of the Facility in the amount of $25,000. The City shall hold the
deposit in an interest bearing account. In the event that the City terminates the
Agreement, the deposit shall be returned to the Operator with interest. In the event that
the Operator terminates the agreement, the deposit shall be retained as agreed and as
liquidated damages in that ascertaining the actual damages is difficult to determine. At
the end of the five year term and if the Agreement has not been terminated, the deposit
shall be returned to the Operator with interest. It is intention that the parties in addition to
the matters set forth above, the above $25,000 shall serve as a security deposit which
funds can also be used to enforce any of the terms and conditions of this Agreement,
which the Operator fails to comply with.
32. 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.
33. EFFECTIVE DATE: This Agreement shall not become effective and binding until it has
been executed by both parties hereto and shall be dated for purposes as of the date of its
execution by the last parry so executing it.
34. 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.
33. 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.
34. TIME OF ESSENCE: Time is of the essence of this Agreement.
35. CONSTRUCTION: This Agreement shall not be construed more strongly against either
party hereto, regardless of who was more responsible for its preparation.
36. 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. However, each party shall
notify the other of any such occurrence.
37. NOTICES: Whenever notice shall be required or permitted herein, it shall be delivered
by hand delivery 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, Ph.D
6130 Sunset Dr.
South Miami, FL 33143
9
If to Ocaquatics 2, Inc.:
With copies to:
City Attorney, Laurence Feingold, Esquire
6130 Sunset Dr.
South Miami, FL 33143
Ocaquatics 2, Inc.
c/o Miren Oca, President
13408 SW 131 Street
Miami, FL 33186
With copies to:
Alexandra L. Deas, Esquire
P.O. Box 398794
Miami Beach, Florida 33239
38. ACCEPTANCE: Acceptance of this Agreement by City through signatures below, and
return of this Agreement along with any payments due hereunder will constitute a
contract entered into in accordance with the specifications, terms and conditions and
addenda attached hereto.
39. NON - RECORDATION. This Agreement, which is intentionally prepared in a non -
recordable form, shall not be recorded, and any attempt to do so shall be deemed a
nullity.
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IN WITNESS WHEREOF, the parties have signed this Agreement this
of 2011.
Signature of Witness
Name
Signature of Witness
Name
Signature of Witness
Name
Signature of Witness
Name
11
Ocaquatics 2, Inc.,
a Florida corporation
IC
Miren Oca, as its President
day of
City of South Miami, a Florida
municipal corporation
IN
Hector Mirabile, Ph.D
City Manager
EXHIBIT "A"
Design Description: Total Feet: approximately 8000 sq ft
One front desk/reception area
One individual office
One staff area
Six public individual changing areas
Four family style, unisex, ADA bathrooms
One viewing area
One pump room, 2 separate pump systems for each pool
One chemical room
One pool room with indoor pool (pool specs below)
One area for outdoor pool (pool specs below)
One lightning early warning system
Screened in fence to enclose pool facility
Security system
Pool Specs: Pool #1
50' x 25' indoor pool
Depth: 3'6" to 4'3"
Approximately 35,000 gallons
Turnover Rate: 90 minutes
Pool #2
21' X 75' outdoor pool
Depth: 3'6" to 5'
Approximately 70,000 gallons
Additional specs for each pools
Diamond Brite Interior
Recessed Gutter system (not skimmer)
Bull nose coping, 6" waterline the
Underwater lighting
3 ladders with recessed steps
Lane Rope Grommets every 7 to 10 feet
Brushed concrete or exposed aggregate decking
Commercial deck drain system 100% around the pool
Dehumidification System with heat exchange system to heat the indoor pool
Semi Automatic High Rate Sand Filters
Remote access controllers
UV system for each pool
Heaters: Indoor Pool temp 90 degrees year round
Pool cover for each pool
City of South Miami �
Designated i Area at Murray Park
.S,
0 10 20 30 40 50 100 150 200
_z, Feet mmd
RESOLUTION NO. 31-11-13345
A Resolution of the Mayor and City Commission of the City of South Miami,
Florida, authorizing that the City Manager request of the company Ocaquatics,
Inc., also known as Ocaquatics Swim School, the top ranked respondent for the
Murray Park Community Pool Operator Request for Proposals (RFP) No. SM-
FN 2010 -15, participation and advice, specified per the RFP, as part of the
City's Design/Built Team for the construction of the Murray Park Community
Pool resulting in a service agreement that shall be negotiated for the
management and operation of the same, inclusive of all costs, and requiring no
annual fee from the City for the duration of the agreement's term.
WHEREAS, the City issued two (2) requests for proposals (RFP's) for its Murray Park
Community Pool Project, one for the pool's design/build and the other for its operations thereafter;
WHEREAS, the City withheld selection of a design/build proposal until an operator was
selected and available to provide the City the insight necessary to proceed with that aspect of the
overall project;
WHEREAS, Ocaquatics, Inc., also known as Ocaquatics Swim School, provided the top
ranked of the four (4) proposal submittals received for the Murray Park Pool Operator RFP No. SM-
FN 2010 -15; and,
WHEREAS, the City Manager seeks authority to request of Ocaquatics, Inc. participation
and advice, specified per the RFP, as part of the City's Design /Build Team for construction of the
Murray Park Community Pool resulting in a service agreement that shall be negotiated for the
management and operation of the same, inclusive of all costs, and requiring no annual fee from the
City for the duration of the agreement's term.
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA;
Section 1 That the City Commission approves Ocaquatics, Inc. to be part of the City's
Design(Build Team for the construction of the Murray Park Community Pool and authorizes the City
Manager to negotiate a contract/service agreement with Ocaquatics, Inc. and bring the same before the
City Commission for authorization to execute said contract/service agreement.
Section 2 This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 1st day of February 2011
ATTEST:
0�2C^Z-.
y Clerk
Read an a roved as to form
ands ft 'ency:
City Attorney
APPRQVED-�
Mayor
COMMISSION VOTE:
5-0
Mayor Stoddard
Yea
Vice -Mayor Newman
Yea
Commissioner Palmer
Yea
Commissioner Beasley
Yea
Commissioner Barris
Yea
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20-SE SUNDAY, FEBRUARY 20, 2011 SE
presented by Cecili
Stunning gated 4/5 with 4,607 of living space, 3 stories, grand staircase, marble floors,
4 zone AC, 1,000 open terrace, pool, garage, dock. $2,495,000
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701 Coronado Avenue Beautifully updated 4/3 on 19,422
sf lot, marble/wood floors, huge eat -in wood & granite kitchen,
spacious, open, French doors throughout. pool, 2 car garage,
generator, and more. $1,259,000 7
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93OAguero Avenue Completely updated 2/2 with
hardwood Moors, real cook's kitchen with Viking appliances, 2 car
garage, walled & gated on tree -lined street. $559,000
.err
1118Capri Street Updatednmstoryhomebuiltin19s9, 4206 Monserrate Street Sophisticated 3/2.5 with stunning
3/15, high ceilings, l car garage, room for pool. $769,000 wood & marble kitchen, garage, pool, courtyard. $939,000
COCONUT GROVE - RITZ CARLTON RESIDENCES
Enjoy 2,110 sf of luxury in this stunning 2/2.5 with direct bayvierrs, den. huge balcony. $999,000
CORAL GABLES CONDO -55 Merrick Way, #514
Beautiful 1/1.5 on 5th floor, luxury condo with oversized balcony and 2 parking spaces. $369,000
Cecilia Samaja
Estate Agent
MOBILE 1 305.343.8443
EMAIL I csamaja@onesothebysrealtycom
HiamiHerald.com I TEIE NIANI FIERALF
CI TV OF SOUTH MIAMI
COURTESY MOTICE
NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida will conduct
Public Hearings at its regular City Commission meeting scheduled for Tuesdal£, March 1. 2011,
beginning at 7:30 p.m. , in the City Commission Chambers, 6130 Sunset Drive, to consider the
following item(s):
An Ordinance amending the Land Development Code in order to set fortis that the Planning
and Zoning Director Is the responsible City Administrator to make final interpretations
of regulations contained in the Land Development Code and establishing all appeal
procedure, by amending Section 20 -1.9 entitled "Interpretation ".
An Ordinance amending the Land Development Code to place in one article all current
regulations pertaining to historic preservation by amending Section 20 -6.1 (D)(1)(a) entitled
"Historic Preservation Board Establishment and Membership" in order to require that one
member be a licensed attorney; and by creating new Article Xl, "Historic Preservation
Regulations" including Section 20 -11.1 to be entitled "Historic Preservation Standards ";
Section 20 -11.2 to be entitled "Designation of Historic Sites "; Section 20 -11.3 to be entitled
"Historic Designation Reports"; Section 20 -11.4 to be entitled "Demolition of designated
sites; demolition by neglect and certificates of appropriateness "; Section 20 -11.5 to be
entitled "Special Provisions, Applicable to Designated Historic Sites" and malting revisions
to update current wording and to modify certain provisions related to the demolition delay
period; and deleting from the Land Development Code regulations pertaining to historic
preservation including Sections 20 -4.9, 20 -411, 20 -5.17, 20 -5.18. 20 -5.19.
An Ordinance amending the Land Development Code Section 20- 8.9(8)(1) entitled
"Special exceptions" in order to reduce the time limit for commencing and completing
a development project which has been granted a special exception in a Transit Oriented
Development District (TODD).
An Ordinance authorizing the City Manager to finance up to six (6) new police vehicles
for an amount not to exceed $165,000 and accepting the interest rate of 2.44% through
SunTrust Bank, charging Debt Service - Principal Account No. 001.1910.521.7110 and
Debt Service- Interest Account No. 001.1910.521.7210.
I—A Resolution authorizing the City Manager to execute an agreement with the company]
Ocaquatics, Inc., also known as Ocaquatics,Swim School 11, the top ranked respondent
for the Murray Park Community Pool Operator Request for Proposals (RFP) No. SM -FN
2010 -15, to provide consulting services as part of the City's Murray Part( Community
Pool Design/Build Team and to provide operations management thereafter the facility's
construction, inclusive of all costs and requiring no annual fee from the City, for tile
contract's initial three (3) year term and its two (2) one (1) year options to renew for a total
i term of five (5) years.
z.__
A Resolution of the Mayor and City Commission of the City of South Miami, Florida,
authorizing the City Manager to an agreement with the collection firm providing debt
collection services for a percentage of the principal amount owed to the City and collecting
said fee as a percentage of the outstanding principal. This agreement shall be for the
duration of an initial thee (3) year period with two (2) one (1) year option to renew periods
for a possible total term of five (5) years, and providing an effective date.
A Resolution of tile Mayor and City Commission of the City of South Miami; Florida
authorizing the City Manager to enter into a contract with LaRue Planning and Management
Services, Inc. for the purposes of providing consultant services to the Planning and Zoning
Department to assist in the preparation of the 2012 Comprehensive Plan Evaluation and
Appraisal Report (EAR) in the amount of $30,000 total for FY 2010 -2011 and FY 2011-
2012; the selection of the firm is a result of a competitively sealed Request for Proposal
process; funding for the contract shall come from the Planning and Zoning Department
Account No. 001 -1620- 524 -3450 (Contractual Services); and providing an effective date.
For further information, please contact the City Clark's Office at (305) 663 -6340.
ALL interested parties are invited to attend and will be heard.
Maria M. Menendez, CMG
City Cleric '
Pursuant to Florida Statutes 286.0105, the City hereby advises the public that It a person decides
to appeal any decision made by this Board, Agency or Commission with respect to any matter
considered at its meeting or.bearing, he or she will need a record of the proceedings, and that for
such purpose, affected person may need to ensure that a verbatim record of the proceedings is
made which record includes the testimony and evidence upon which the appeal is to be based.