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2RESOLUTION NO. ___ _ 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 $1,546,411 to build a community pool some of which are due to expire on December, 31, 20 II, and others on December 31,2012; and WHEREAS, the City needs the pool operator to provide guidance as to the fmal 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 designlbuild company. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this __ day of _____ ,' 20ll. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM, LANGUAGE, LEGALITY AND EXECUTION THEREOF CITY ATTORNEY APPROVED: MAYOR COMMISSION VOTE: Mayor Stoddard: Vice Mayor Newman: Commissioner Palmer: Commissioner Beasley: Commissioner Harris: - .-.4-J Q) Q) r-..... I: 0 o C N o .. . -~ ~ N .-E s... E ~ o 0 u t -0 C\S .-u Q) 0... V') Murray Park Community Pool Project Considerations: • Pool Operator to be selected prior to the Design/Build Contractor. • Operator will have input to the design to ensure it meets the following: • Meets the needs of the residents and, • Assures the facility is profitable. • Pool Operator to Perform Market Study Prior to Executing Contract. • All Milestones Have No Issues or Delays. • Miami-Dade County Extends the Grant Beyond 12/3 1/2012 Tentative Timeline: Murray Park Community Pool Project , " '-' :-:---', ". --,,' :--,:. ,:- Tentative Time ine: .. · .. f.1arrayPatkComl11uriityPOO'·· Pool Operation Design{Bvild Design II Svbstanlial & Maint. Contract Complete; .• •. Constrvction Contract Approval Permitting Approval Process I-Nov~1J . 17-Nov-1I 6-Dec-11 7·Dec-1J 24-Feb-12 IS-Marc 12 . I 5-Janc I 3 I~Mar-13 Special Design{Bvild Commission Workshop, or Design{ Bvild Begin CertOcond Meeting: Special PO& . Constrvction • Opening of Discvss Pool Commission Contract Pool Operator Meeting ... ~ ~ •• ~ -_I .., u cu .-e a.. -o o a.. ~ .-c :::s E E o u ~ s.. fd a.. ~ s.. s.. :::s :E z o -V') V') ::> u V) -o CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM South Miami 2001 To: The Honorable Mayor & Members ofthe City Commission From: Hector Mirabile, PhD, City Manager Date: October 21, 20 I I 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 LOis 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: Expense .. Keith Ng/Projects Manager, Public Works • Maria Stout-Tate/Director, Parks & Recreation .. Stephen David/Director, CRA • Kelly BarketlChief Superintendant, Public Works .. Steve Kulick/Purchasing Manager, Central Services The Evaluation Selection Committee held meetings with the two interested vendors on Monday, October 17, 20 I I. 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. $0 Community Pool Funding Breakdown Attachments: GRANT EXPIRE DESCRIPTION AWARDED CDBG 6/30/2010 Design $276,000 SNP 12/3112011 Design/Build 220,050 CRA 9/30/2012 Design/Build 125,000 CDBG 12/3112012 Construction 1,207,374 • Request for Letters of Interest and Exhibits " Evaluation Selection Committee Score Sheets " USA Pools Proposal " Reef Tropical Pools Proposal EXPENDED BALANCE $185,537 $0 0 220,050 0 125,000 6,013 1,201,361 1,546,411 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: I. 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 10f4 All letters of interest are limited to eight (8) pages inclusive of the cover sheet, and shall be typed on 8 112" x II" 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 -Cover/Introductory Letter The introductory letter should be addressed to Hector Mirabile, PhD, City Manager. Said letter is limited to one (I) 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 II -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 of4 EVALUATION Firms submitting LOis 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% SUBMISSION 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, 20 I I. 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 (LOis) 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 20 I I. The firm selected will be notified by October 19, 20 I I. 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 of4 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 Page4of4 Exhibit I DRAFT Pool Operation and Management Agreement Pool Operation and Management Request for Letter of Interest DRAFT MURRAY PARK POOL OPERATING AND MANAGEMENT AGREEMENT THIS AGREEMENT is made between ____________ , a Florida corporation, ("Operator") and the City of South Miami, a Florida municipal corporation, ("City"), on this day of, 20 I I. WHEREAS, City desires to design and build a community swimming pool facility ("Facility") at Murray Park located at 5800 SW 66th 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 (I) 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 • Condition of pool • Gallons of water • Filter type and status Page 2 of16 • 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 F. 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.) J. 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 CHANGE IN DATES OF OPERATION OR HOURS OF OPERATION CAN BE ACCEPTED UNLESS WRITTEN AUTHORIZATION FROM THE 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. II. 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: • Wages • Income tax withholdings • Social security with holdings • State unemployment insurance • Federal unemployment insurance • 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. I. 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 Gof1G K. Straightening deck furniture L. Replenishing janitorial supplies in bathhouse M. Enforcing the Operator's 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 (I) 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. 15. 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 supplies: Soap Deodorizers Disinfectant Toilet Tissue Paper Towels Trash Can Liners Cleaning supplies: 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. Operator agrees to supply. at its expense. 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. INSURANCE/LIABILITY: A Required insurance for the Facility shall include the following: I. 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: I. 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 yz" 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-Dade 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 shail 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: If to the ___________ ' 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 Company President & Address F~: __________________________ ___ 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 20 II. 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 By:. _____________ __ _______ , as its President CITY OF SOUTH MIAMI Signature: -:=----:--:-_-:-:-:-:-::-_____ _ Dr. Hector Mirabile City Manager Page 16 of16 Pool Operation and Management Exhibit 2 Murray Park Area Site Map Request for Letter of Interest EXHIBIT"B" City of South Miami Designated Pool Design Area at Murray Park o 1020304050 100 150 200 1"""~l_,,~J~"'-1 ,,,,,,I"~" k@.",,. ••• """.m •• "'.,.,,.,r"'··· .. ··""·'~'~"" .".~.l.~~ ..... "'~,~" .. '.".", ,,,~I Feet Evaluation Selection Committee Score Sheets Evaluation Committee Scoring Sheet Name of RFP: Murray Park Community Pool Operator (LOI) Committee Meeting Location: Commission Chamber Purchasing/Procurement Division 6130 Sunset Drive South Miami, Florida 33143 (305) 663-6339 Fax: (305) 667-7806 www.cityofsouthmiami.net RFP No.: N/A Date: October 17, 2011 For each specific criteria provided scoring is based on the point range provided for each criteria for a maximum possible total scale of 25. The firm with the GREATEST total score shall be the top ranked firm and the recommended respondent. Evaluation committee votes are recorded as followed: KN = Keith Ng MS = Maria Stout-Tate so = Stephen David KB = Kelly Barket SK = Steve Kulick USA Pools I 6.617.51 6 17.517.517.217.517.517.51 6 17.217.517.51 6 17.512.412.512.512.51 2 I 118.4 Reef 6 I 7.5 1 7.5 1 6 I 4.5. 6 1 4.5 I 6 I 6 I 4.5 I 4.5 1 4.5 I 6 I 4.5 I 0 I 2 I 2 1 2.5 I 2 1 1.5 88 C:\Documents and Settings\skulick\Locai Settings\Ternporary Internet Files\OLKB6\Evaiuation Committee Score Sheet.doc Evaluation Scoring Sheet Purchasing Division 6130 Sunset Drive South Miami, Florida 33143 (305) 663-6339 Fax: (305) 667-7806 www.cityofsouthmiami.net RFP Title: Murray Park Community Pool Op~rator (LOI) RFP No.: N/A DIRECTIONS: Please score each firm, for each specific criteria provided. Scoring is based on a 0 to 25 weighted point range for each criteria for a maximum. possible total scale of 25. Per the LOI, the evaluation criteria is weighted for importance. The finn with the GREATEST total score shall be the top ranked firm and the recommended proposer. Experience, knowledge, familiarity/past A. performance with Pool Ops & Mgmt .;22 "lS Services. (Point Range 0-25, 30% weighted score) B. Staffing & Management 2t :2.0 (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) _ __ -.. ----: -Total Score: C:IUserslsdavid.CSMllAppDataILocallMicl'osoftIWindowsITemporary Internet FilesIOLKE686\(l) Evaluation Score Sheet 10 17 Il.doc Evaluation Scoring Sheet Purchasing Division 6130 Sunset Drive South Miami, Florida 33143 (305) 663-6339 Fax: (305) 667-7806 www.cityofsouthmiami.net RFP Title: . RFP No.: Murray Park Community Pool Operator (LOI) N/A DIRECTIONS: Please score each firm, for each specific criteria provided. Scoring is based on a 0 to 25 weighted point range for each criteria for a maximum possible total scale of 25. Per the LOI, the evaluation criteria is weighted for importance. The firm with the GREATEST total score shall be the top ranked firm and the recommended proposer. Experience, knowledge, familiarity/past performance with Pool Ops & Mgmt A. Services. (Point Range 0-25, 30% weighted score) Staffing & Management B. (Point Range 0-25, 30% weighted score) C. Understanding of the Requested Services (Point Range 0-25, 30% weighted score) Firms Ability to Communicate effectively D. With City Staff (Point Range 0-25, 10% weighted score) Total Score: /S ),:;-IS- :/..'5' 20 /'::Mst I Date: Od. I r / ':'Of/ -------L7.(s~~~na~tu~~~~---- C:\Documents and Settings\skulicklLocal Settings\Temporary Internet Files\OLKB6\(I) Evaluation Score Sheet 10 17 II (6).doc "< """,';" Evaluation Scoring Sheet Purchasing Division 6130 Sunset Drive South Miami, Florida 33143 (305) 663-6339 Fax: (305) 667-7806 www.cityofsouthmiami.net RFP Title: Murray Park Community Pool Operator (LOI) RFP No.: N/A DIRECTIONS: Please score each firm, for each specific criteria provided. Scoring is based on a 0 to 25 weighted point range for each criteria for a maximum possible total scale of 25. Per the LOI, the evaluation criteri~ is weighted for importance. The firm with the GREATEST total score shall be the top ranked firm and the recommended proposer. Experience, knowledge, familiarity/past performance with Pool Ops & Mgmt A. Services. (Point Range 0-25, 30% weighted score) Staffing & Management B. (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) Total Score: 2() 2.5-- 25 20 25 20 2 5 25 i ) ~te: 1/ -17· coil C:IUsers\Sdavid.CSMllAppDataILocaIIMicrosoftlWindowsITemporary Internet Files\OLKE6B61(l) Evaluation Score Sheet 10 17 Il.doc Evaluation Scoring Sheet Purchasing Division 6130 Sunset Drive South Miami, Florida 33143 (305) 663-6339 Fax: (305) 667-7806 www.cityofsouthmiami.net RFP Title: Murray Park Community Pool Operator (LOI) RFP No.: N/A DIRECTIONS: Please score each firm, for each specific criteria provided. Scoring is based on a 0 to 25 weighted point range for each criteria for a maximum possible total scale of 25. per the LOI, the evaluation critE')ria is weighted for importance. The firm with the GREATEST total score shall be the top ranked firm and the recommended proposer. Experience, knowledge, familiarity/past A. performance with Pool Ops & Mgmt 02.~ ,2-0 Services. (Point Range 0-25, 30% weighted score) B. Staffing & Management .JS ~ 0 (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 ,2 0 (Point Range 0-25, 10% weighted score) ~ Total Score; ~ Reviewed bY:_---'),'-'-{"-/-"'0r./-..:/;=14,,:A_Ki_{_~_:f._1f. (IjIlnt Name) C:\Documents and Settingslkbarket\Local SettingslTemporary Internet FilesIContent.OutiookIFXETDXOUI(I) Evaluation Score Sheet 10 17 Il.doc Evaluation Scoring Sheet Purchasing Division 6130 Sunset Drive South Miami, Florida 33143 (305) 663-6339 Fax: (305) 667-7806 www.cityofsouthmiami.net RFPTitle: Murray Park Community Pool Operator (LOI) RFP No.: N/A DIRECTIONS: Please score each firm, for each specific criteria provided. Scoring is based on a 0 to 25 weighted point range for each criteria for a maximum possible total scale of 25. Per the LOI, the evaluation criteria is weighted for importance. The firm with the GREATEST total score shall be the top ranked firm and the recommended proposer. Experience, knowledge, familiarity/past performance with Pool Ops & Mgmt A. Services. (Point Range 0-25, 30% weighted score) Staffing 8. Management B. (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) Total Score: Reviewed by:--,('"",",l-<-=~~=-c':+""'-'-"--t-""'- If ~..,.,. 20 / I 2-\ ~ 0 /' 20 / \ C:lDocuments and SettingslskulicklLocal SettingslTemporary Internet FilesIOLKB6\(I) Evaluation Score Sheet 10 17 II (6).doc USA Pools Proposal Response to Request for letter of Interest For: City of South Miami Submitted by: Matt Satterly, Vice President USA Pools of Florida 424 E. Central BLVD, Suite 309 Orlando FL 32801 Phone: 877-248-1872 Fax: 877-224-0872 Email: matt@lusagroup.com www.usapools.com October 11, 2011 Hector Mirabile, PhD, City Manager City of South Miami 6130 Sunset Drive South Miami, Fl33143 Dear Mr. Mirabile: We would like to take this time to thank the City of South Miami for aiiowing 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 confiicts 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, ~ -er-l-IY--::;;:~""'C..<A. USA Po Is Section 2 Evaluation Factors: 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 15 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) certified. 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 work force 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, MS 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. c .~ u Danielle T. Pollard Experience Education 2003-Present USA Pools, Inc. Roswell,GA Human Resources Director/New 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 OB/GYN Atlanta, GA Certified Medical Assistant 1994-2000 USA Pbols, Inc Roswell,GA Office ManagerlHuman Resources Director • Managed office for company from 1994-1996. • Hired staff of 200 personnel each year • Provide certification training through Red Cross 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 daily basis • Responsible for scheduling of lifeguard staff of 10 each year • Responsible for maintaining daily paperwork at each facility 2000-2001 Medix Marietta, GA • Certified Medical Assistant 1992-1996 Georgia Perimeter College Norcross, GA • B.A., Business Management Current Assets Regular Checking Account Money Market Credit Card Account TN Account Accounts Receivable Invento!}, Notes Receivable-Current Loan to Bobbi -CR Loan to Olga -CR Loan to Mahesh M. Total Current Assets Property and Equipment Furniture and Fixtures Furniture and Fixtures -AT Equipment Automobiles Automobiles -AT Automobiles -CR Leasehold Improvements Accum. Depreciation· Furnitur Accurn. Depreciation ~ Automobi Accurn. Depreciation -Other Total Property and Equipment Other Assets Total Other Assets Total Assets Current Liabilities Sales Tax Payable Federal Payroll TaxesPayahle State Payroll Taxes Payable Current Portion Long-Term Debt Total Current Liabilities Long-Term Liabilities 2004 Lexus -CR 2006 BMW 2004 Lexus JW -CR Total Long-Term Liabilities Total Liabilities Capital Common Stock Paid-in Capital Retained Earnings Disbursement $ $ USA Pools of Georgia, Inc. Balance Sheet December 31, 20 to 126,022.51 250,499.75 6,580.41 5,240.06 4,000.00 582.00 32,509.59 11,927.65 2,556.67 3,770.00 7,338.70 1,452.38 13,916.00 161,304.23 41,081.79 (1,050.00) 4,650.41 3,252.00 57,005.00 (67,962.00) ASSETS 443,688.64 220,988.51 0.00 $ =~66;,,4~,6=77:::;.1~5 LIABILITIES AND CAPITAL 753.56 9,939.07 2,948.70 (35,649.63) 4,658.63 41,960.96 (32,093.16) 500.00 18,200.00 327,034.15 (351,892.00) (22,008.30) 14,526.43 (7,481.87) Unaudited -For Management Purposes Only Net Income Total Capital Total Liabilities & Capital USA Pools of Georgia, Inc. Balance Sheet December 31, 2010 678,316.87 672,159.02 $ 664,677.15 ===== Unaudited -For Management Purposes Only Reef Tropical Pools Proposal POOLS October 10, 2011 Hector Mirabile, PhD City Manager POOL § CONSTRI1.CTfON SP5CfAUSTS RE: Murray Park Pool Operations and Management Services 5800 SW 66th Street Miami, FL 33143 I. Cover / Introductory Letter Expression of Firms interest to work: lA BARRACUDA LANE OCEAN REEF CLUB KEY LARGO, FLORIDA 33037 PHONE: 305-367-2005 FAX: 1-305-367-2965 www.reeftropicaLcom Thank you for giving 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 our firm's competencies which lie in pool construction and maintenance. We ate also strategically positioned through partnerships to provide all aspects of the requested work. Date of most recent pool 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 Fl()rida. Some highlights include: ~ F)orida Swimming 1'00) Association (FSPA) member ~ Numerous Certified Pool & Spa Operators through the National Swimming Pool Foundation ~ Recognized by the Association of Pool and Spa Professionals (APSP) for bUilding awards ~ landy and Pentiar Equipment certifications ~ Three employees have completed the Genesis 3 ConstructIon Sch()ol ~ Certified Pebble Tec installer ~ Member ofthe Associated Swimming Poollndustties of Florida (ASP!) Statement regarding company's possible conRict(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 ofinformation 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 ofthe Company's approach to perf9rming pool operation and management for this worl(, including the company's understanding oftheir responsibility, claims, 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 a pool 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 expeltise 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 fot this project. We will use Reef Tropical Pools and Reef Tropical Constructi9n 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, perf6rm services as listed and staff the operation of the pool. The team will consist of Reef Tropical associates and consultations and sub-c()ntractors listed below: Pool Equipment & Water Quality: » AI Mendoza@ amendoza~cesmail.Qrg ofwww.ceswaterquality.com -~~-.~-.. ~. Page 2 Letter of Interest -Pool Operations and Management Services Staffing & Programs: Pool Design: » John Wahler@ illfo(roag\liliJynamics.biz ofl!Y.lcVw.aQuadynamics.bi7, Common Area Cleaning: » Victor Perez @ reeftropicalcleang@yahoo.com ofwww.almani1g~entservices.com Insurance: » Dave Griffiths @ dgriffiths@insbykenbrown.com a broker for Amerisure Insurance Company Note: We commend the staff ofthe 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. III. Section III -Supportive Information Organizational Chart indicating personnel to he assigned by position: Figure 1 -Organizational Chart Resumes of Key Personnel: Reef Tropical: CI.aude Kershner III (President): Claude has been operating Reef Tropical for 13 years and has grown the company internal with business development and externally through acquisition. His dedication is shown through his willingness to be the emergency weekend contact for all 700 pools and spas that Reef Tropical Pools maintains. Letter of Interest -Pool Operations and Management Services David Mlnchener (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. JackJaunbral (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 1984 and we currently insure the majority of providers in this industry throughout Florida and the southeast }> 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. }> All swimming teachers and lifeguards have a current CPR certification; WSI or LG certification. Aquadynamics Design Group: }> 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 ---------------Page4 Letter of Interest -Pool Operations and Management Services CES Water Quality: ~ Commercial Energy Specialists (eES) 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 #1 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 that we supply for the program. We provide and help you maintain <! custom water quality program to develop your in-house operations, continually gUiding your aquatic and maintenance personnel to "Excellence 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. [fwe have not displayed enough information necessary to go forward with our organization, please let us know. Reef 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 staffperson(s) 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 $200,000) is easily obtained. In closing, we ask you .... Who's the best Insurance Company for commercial pools in South Florida? Ask around it's Amerisure Who is the best Water Quality Consultant for commercial pools? Ask around, it's CES &AI Mandoza Who is the best commercial pool designer in South Florida? Ask around, It's John Wahler Who runs the best Swim programs in South Florida? Ask around, it's Miren & Ocaquatics Who can put such a design build team together and negotiate a favorable price for the City of South Miami? Respectfully Submitted, Claude B. Kershner III President Most Recent two (2) year unaudited financials (Income Statement & Balance Sheet) of the company (See next two pages): .... PageS --. Letter of Interest -Pool Operations and Management Services OrdlnllfY Im:llmlllEllptn,.. Intome 4010' PoolSaNlu R'Vllh~1t 40ao • Eqvlpmant Annua, 4fOO • Pool Repaln "ltG-Silln: 4$OD • 8U8 CONTRACTED WORK TOlallntDI\'III COst or Caoda Sotd sanoe • Coat 01 Good. Sold 5010' POOL-Cllemlnl, S01Z' TAXA8LE8UPPUE"S S01S, POOL.Pal1s 50%0 '1"001. Rlnt.1 Equlpmom SO%! • 1"001. 8ubeonlrlldors S03:0 • POOLF'mllI. 5031.1"001. .Job RltAte .. COII~ To!eICOG$ OrossProfit ElCpen.e 100S, Rtlt;one1!!ttlon Ollcr-plnt;f" 1010 'AdvartlllnlJ IOf5'Amoltltatlon Exprnn 60tl· aad DebtWrlte Off GOt8·8ondFus &020· a.nk Servlco Charon $025· ContributIon_ 6030· CUs10mer Repaif$ to property S035 'Cullomer W.t.r Crellfb aoto • O.pntt;!.tJon Exptnso aOSD' 011 .. end Subscrlpllona 1080 -Employ~. Ellptnsts 1074 • Toll Ti(;kers 1080 • Equipment .. MachInery ElCpensti 80.0 '1'.t;llitlosM~lnt.nane" $120· Golf cart Rlp.lr4 C150-III1U19n(;$ 4200· blletlts.1 Expense C230·l.!nn .... & Fin $240' Office E~plln"J 6250· Omc. Supplies 82$$· Post'AO" D.llVtry 12110 ' Ptllr ... !onal f'nlll a212 • Men.geml/tt F ... (CWTI USO'Rent euo, SlMItTool ... Supplies &SIIO·T .... 1350 • T.'ephono "00. T,.v,l .. Entort.lnm.nt $450 • Utlh'tlts 8500 ·VehlefuEIC,.nJos 8105 ' FUll Expon'e '''0 . P.yroH Admin F .. s 7000 • Worker'. Comp Inluranee E_penso 7100· P,ytoil-Pool Adm'n (OCJ, 7i80 -PeytOn. Peol Clunen 7UO, P_yto/f. Pool Mech.nlu '1300 • p"yron-Oth.r ... borors TotalExp.nsl Not OrdlnJ:ry Income othat In(;omrlbplnst at"" Int;omlt 4!OO • Ctblf Intome Total Othe, tncome Nat OIlier tneOlTle Netlncomo 1.1"5.369.95 56,487.69 828.18Q:.89 9.1811.29 4,294,00 2,043,507.62 722.23 12.,606.60 31.50s.eO 352.8904.98 1,797.42 40.0118.00 91UO 10,633.85 563,175.92 1 •• 80,:)31.10 -O.ZO U97.08 24,800.00 71,400.80 25256 3.2l7.79 1."12,50 327.12 3,789.88 36.439.35 1."9.77 10.544.07 00.80 149.11 1,022.01 5,607,79 2.,898.63 •• 49D.27 2,OOS.81 7.048.04 8.$3o.s7 3.)73.85 1.185.39 121.S17.89 164,838.84 9.069.08 7.U6 17.487.44 0.025.14 11.tOO.75 7.0nn 23,041.19 3,160,58 1.,81».75 170,173.82 41&.61$.04 183,907,51 143.94 1.339,019.25 14t.3t2 .• 5 400.110 400.50 141.712.05 01'1111111')' IncamtJExpann f"com. 4010· Poo' 8ervJc:e Revonue <COlO· EquIpment Annual 4100' Pool Repalr"$ 4190-Safe. 4500· SUS CONTRACTED WORK Total'nt::omo Cos.1 0' Goads Sold S010' POOL. Chm/CIt'$ SOf2· TAXABLE sUPPLIes 5015 • POOL. P.tt:. 5020' POOL Rental Equlpmont 15025 • POOL Subconlnu:Cors 5030 • POOL Ponnlts S031-POOL ~Job ReT.tod Cos:ts TotalCOGS Expon •• $OOS, Reconciliation Dlccropancl,. 6010 • AdVertising 6015· Amorllzatlcn Expen,e 6018 • Bond Fe.s 6020 • Bank Servlco Charoes 6025' Contribution" 6030· CUstom&rRepalrs to property 6035 • CUstomor Waf.r Crodlls 6040' O.pr,clatlon Expanse 6050· Duas; and Subscriptions 6060· Employee Expo";e" 6014· Toll Tlcke,,, 6010· Equlpmont & Machlnory expen$'e5 608B -Equlpmont Ront •• E.pon,. 1090' FaclUtlu Malnlonance 6120· GolF Qlrt Rep.lra 6150 'InsunlOcfI 6200 'Intarwat Expens.e 6230 -licenses & FeoG 6240 ' Ollie. Expanse 6250, Office Supplies 8255· Postagl & Oellv.uy 6260· Profas.s:loner Fen 6272, Manltgsmont Fees (CLdT) 6280 • Rent 6290, Small Tooh; & Suppllas &300 'Taxos 6350 -Tal.phono 6400' Trav.l&. Entertainment 6"50' UIIIIII.., 6500 • Vehlclu Expanses 6505' Fuel Expen •• 8935 • Loss on Dlsp or FIXled Assot 6t37· Los5 on Slife of E'qulplVehlcias .,;0 • Payroll Admin Fe(l;$ 7000 ·Worker'. Comp Insuranco: Expons. 7100, Payroll~Pool Admin JDC"" 7teO • Payroll~ Pool Cfoaners 7160· Pay'oll~ Pool Mo;hanlcs 1300 ' Payroll. Oth(!-r Laboreno Total ElCp.nse Not Onllnarylncllmll Otho,lncllrncll£Jcpense Olherlncolmt 41100 ·othoflnt;ome Total Olhar In(;ome NIt othorlncoml Ntltlncome Page 6 Jill:n~D.cOIl 1.078,830.53 119,320.815 740.701.89 8,878.$9 11.33t.40 1,aOS.7aD.CIt 128.151.69 35.310.28 295.38B.05 1,856.35 044.311.18 2,B85.00 4.463.ee 513.132.19 1.392.998.90 10,;0 .... 25.81 2e.eOO.00 1,010.00 2,.401.78 1.987,59 116.10 2.059 .• 8 28.862.32 3,050.44 10.207.oe. 0.00 599.63 0.00 5,293,37 3.37122 45,140.80 4.525.87 6.085.22 3.360.10 8.348.81 3,448.74 8,282.5(1 135.008.34 110.aee.44 5,894.45 003-"9 12,551.52 7.328.25 12.112.8' 5.070.77 14,073.83 1.959.33 2.812.14 3,559.96 14,274.158 173,0"' .• 3 382,8HM8 15U31.18 1.201.92 t84.~62_16 682.01 682.81 8SZ.IU 185.325.37 Letter of Interest -Pool Operations and Management Services ASSETS Cunent AI'Db Chctc;klnglSavlnga 1001 • Bank or Ameflca 102$' Pavpol Totllt ChactdngJS.avlng$ Aceounl$ R~IV.bl. 1100' Acx:ount. Rccalvollble lobll Aceounta Racelvabllt olhtl, CU"ant/beotli '220, OU8 f,om RT Conatturo:Uon 1240· Du. from RT Lawn 1290' Doposlta paid loolho"J 1310 • EmpfoY40 AdVances 13119' Propald EII:p"n •• 1300' Pr'pald Insurance Total Other elmont AIIS.la Total CuriOi'll A.sola Fll(eod Auet. 1520·Vohlettt. 1650 • Equlpmctnt & Mochlnel')' 1800' Furnlluro& Offl~ Equipment Total Flxctd As.ete OlhfltA.sOIli 150S • Aeeumuloled Aml)rllullon 1970 • Goodwlll 1975' Non..compWt 1980' Orgtudu.tlonal Costs Tobt Othor A •• tlts TOTAL ASSETS lIABIUUES .. EQUITY Uabllltilt. CUrrenl LlQbUltk!. Accounts P.oyablll 2DoO ' Aceounl$ Payabl." Total Aer:ounta: P.oyablo erectllCards 2()20 • Blink (I' Amerlea Vln 2O:tS • Capltll One VI •• 21l"· American Express 2085 • Chaso VI .. 2070 • Homo Dopo! 2081)' Office Oapol-4394 Total Credit Catdc Olhor euuent lIltblllUoa 2200· PREPAID EQUIPMENT ANNUALS 2300· PREPAID ANNUAL SERVICE 23$0· PRe-PAIO POOUSPA WORK 237$· SQlo& Till!; Papbla 2400· Pa~rallll.oblntlQs 2$00 • Vahlel .. Uobllllha 2700 • Honda Fl"anclal 2850· Equip_i'll Uabllltiu rabil Olhor CunentUltblllUlts Takll Cllrr.,.,1 LI.bnJllltII: Total L"'bllltl.a EqUity :sot(l' COmmon St~k 3100' Rctalntd EaI,.,lnQ's 31$0, Sho.rOholllol', Caplf41 3200 • SNaIClhClldor's Dta_ Not Il'ICI)ma Total Eqully TOTALUABILmES & EQUITY OeQ31.10 191.287.59 305.93245 305.932_45 448.02 3.02Ui8 5,397,20 6.122.60 10.482.28 e.9IJU8 32,472.44 55,620.31 64,853.41 1,874,02 122,147.74 ·302.489.33 592,750,00 21,0000{) 077.711.70 6!1.832.13 1$5,&32 73 44.11 73S.el) 233.07 1,045.68 0.00 138.88 2.19849 1,1150.00 22G.&2U5 3.94~.50 G,040.38 .0.03 30,017.01 27.(l92.08 34.231.22 328,164.61 398.185.83 396:,195.83 to,ooo.OO 980.223.11 59,397,~ -609,817_15- 1"1',712.95 681.51'-87 017.711.70 ASSETS CUttent As •• ts ChllCkfrtglSavfng .. 1001 • San" or AmClfrca f025·P/l.y~1 TOUI ChlKlklngfSavlnga Accounts Rocolvabht 1100 • AC1:ountl. Recelv.bl. Tot.alAcccunb RecelvablD Oth.u aU'""t A •• ab 12'" • Dllpnits paid to QtI1C1r5 1310' enplClyco AdVanc •• Total aUnl' CUfRnt A.sets FlxodAslleb tlJlll· V.hklfes 18110' Equlpm~nl" Machine!,), 1800' Fumtture & Offie. equipment Tam! FlxodA ••• ts Oth.rA .. ol. 1ti05 • AcellMuf.ted AmortIuUon 11170'OoodwJII 1975, Non-Compolo 1980 • OrgonlzaUonl:1il Co,,:b Tatal Othar A$$flb TOTAL ASSETS I.IAUlunes .. EQUITY UabUltlolO Current Llllbllllllls Acc:ounts Payab!1t 2000' ~Itnls PaYllbl1t Total Accounl$ Payabto CRttfltCards 2020 • Blink 0' Amerl~ Vl$~ 20315' Ca"na' O"Q VI511 2050· Amorlec.n ElocpnrlOS 2MS' Cha$CI VI .. 2070 • HOh1C-Oopot 20aO' OMee Dapot..t3SC Total Credit Cards OlharCurrent Uabl!ltllta ln40' 80nus hyabtCt 2200' PREPAID EQUIPMENT ANNUALS 2340· PREPAID ANNUAL $I!RVfCE :t3SO' PRE-PAID POOUSPA WonK 23'15' Sales Tax Payable 2"0 • V.tll~" Uabll11Jos 2700· Hondlt ""anetat aSCI' EqulP/mlnt UabUitlos Total Othar CU"""t U.bUitlu Tata.1 CUrrant Llabllltl.s TotillUablJlUos Eqllity 3010' Common Stl:lck 3100' Ratalnod Earning. 31150' $,",,"'old.,.. Copltol 3200 ,ShllrakDllI.,.. Draw$ NatfncGm/t Tatal Equlty TOTAL LtAUIUTlES & EQUITY Page 7 DK:)1,CH' 12111,124.99 40.00 5,397.20 5.220.10 10.5t7,:JO 4DS,US.4!) 76,6~UJ3 63.3~7.92 3,374.29 -273,689.33 592,750.0G 21,000.00 1 .... 600.81 3!i4,681.48 55,61'-33 55,511.33 44.11 $152.12 233.07 as:",o 0.00 130,34 t,902.80 t8.lWl).70 t,1$0.00 ZIO.it9.50 4,200.00 5,307.58 4~U21.18 :tUtUS) 38,508.411 365 ..... 4.65 422,958.78 422.958.78 to.ooo,oo 794,897,80 159.301,90 0478,648.44 185,325.37 510,972.23; 983,931.0t