19To:
From:
Date:
SUBJECT:
BACKGROUND:
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
The Honorable Mayor & Members of the City Commission
2001
Hector Mirabile, PhD, City Manager
AGENDA __ I_CL.II-__ November 10, 20 I I
Authorization for the City Manager to execute as-year
agreement with USA Pools for the pool operations and
management of the planned Murray ParI< Community Pool
A special commission meeting was held on October 24, 20 II authorizing
the City Manager to negotiate a 5-year contract with USA Pools.
Resolution 181-11-13495, which authorized that action, is attached.
USA Pools provided a letter dated November 7, 20 I I, outlining their
respective findings with relations to their market research. Please find
the November 7, 20 II, letter attached for your review. After staff
reviewed the market research findings, two items were found interesting:
I. 83.8% of pool users for all municipalities are residents of that
municipality.
2. Residents of South Miami have access to over 31 aquatic
facilities within a 20 mile radius of the City.
The City of South Miami received a counter proposal from USA Pools on
November 10, 20 I I, which was in response to the proposal sent to USA
Pools on November 9, 20 II, and was exactly the same as what was
attached as an Exhibit to the Request for Letters of Interest.
EXPENSE:
Please find highlights of the major items located within USA Pools
counter proposal which management believes must be mentioned and
addressed before execution:
I. Upon the Pool Facility becoming operational, a monthly
management fee of $39,800 to include all services to manage
and maintain the facility daily. All revenues collected from the
operations will be used to offset the monthly fee to operate
the facility. Annual Total Expense Costs are: $477,600.
2. The City will pay USA Pools a fee for work on the design and
oversight of the construction process over their expected two
year period. Design Services Fee Totaling: $39,800
3. The counter proposal reflects a termination date of
December 31,2017, a six (6) year agreement with the
effective date of November 15, 20 II opposed to the originally
proposed five (5) years.
Potential cost of $39,800 for the Design Consultant Services and an
annual cost of $477,600. It should be noted that the annual $477,600
cost would be reduced by all revenues collected from operations.
COMMUNITY POOL
FUNDING BREAKDOWN
GRANT
CDBG
SNP
CRA
CDBG
STAFF
ASSESSMENT:
EXPIRE DESCRIPTION AWARDED EXPENDED BALANCE
6/30/2010 Design $276,000 $185,537 $0
12/3112011 Design/Build 220,050 0 220,050
9130/2012 Design/Build 125,000 0 125,000
12/3112012 Construction 1,207,374 6,013 1,201,361
1,546,411
During Murray Park Pool RFP Committees review process the non-
recommended company wanted a fee for the design and build phase of
the project. This was one of the issues that caused their non-selection.
USA Pools after not disclosing their need for design and build fee is now
making this a subject of bargaining. The constraint of not paying for a fee
for input into the design and build was a Commission direction.
The second constraint the Commission directed was that the City would
not pay for the operations or maintenance of the pool and any profits
would be that of the contracted company. It is apparent that USA Pools
market research identified a potential market weakness in the profitability
of operating a pool within South Miami where they are desirous of the
City paying for the managerial, operations, and maintenance of the pool.
If the Commission agrees to these terms it would expose the City's
General Fund to a potential catastrophic liability.
Regarding the issue of a six-year contract term versus the legal limits of
five-years; if the two aforementioned issues are acceptable to the
Commission, I believe we can persuade USA Pools to enter into a 5-year
contract.
RECOMMENDATIONS:
Option I: Reject USA Pools proposal and throw out all bids; start the
process again.
Pros: Allow other companies to bid.
Cons: The City is not sure of that re-soliciting would provide any
better terms from ariother company; the deadline for the pool
project funding would be jeopardized. The project would be
considered failed and the City would be required to repay Miami-
Dade County the to-date reimbursement amount of $191,550.
Option 2: Reject USA Pools proposal and throw out all bids; contact
Oca Aquatics and determine if they are interested in the pool
management agreement under the L.O.l,'s criteria.
Pros: It provides the City an opportunity to negotiate with a
company that previously showed interest.
Cons: The Pool Project funding of (SNP -$220,050) expires
(December 31, 20 II), consequently that funding is $1,326, 361.
The profitability of having a substantially completed project by the
CDBG funding deadline of December 31, 2012, is unrealistic. The
City would be required to repay Miami-Dade County the to-date
reimbursement amount of $191,550.
ATTACHMENTS:
Option 3: Accept USA Pools proposal with an adjustment to the
contract years.
Pros: Project moves forward and the City would not have to pay
the $191,550.
Cons: Part of the grant expires unless the County agrees to
substitute the already expended $191,550 of CDBG funds with
SNP funds. The City's General Fund exposure is approximately
$477,600 less revenue generated by operations annually. The
monitoring by staff of the pool revenue generation would place an
additional burden on the city and likely increase the city's staff
cost.
STAFF RECOMMENDATION:
It may appear that accepting USA Pools terms is the best course of action
to building the pool; staff's analysis determined that due to USA Pools
not meeting the required benchmark of the city there is a very low
probability that the pool will be substantiality completed by December
31, 2012. Additionally, there is a good probability that there will be some
costs incurred by the City in the use of the pool operations. Therefore,
staff sees few options available to the City and would like the
Commission to address this very important topic to include the
Commission constraints, City's financial exposure, and future uncertain
liability associated with pool operation and maintenance.
-Resolution # 181-1 1-13495 Authorization the Manager to negotiate a
contract with USA Pools.
-Resolution: Authorizing the Manager to execute a 5-year contract.
-City DRAFT Agreement, Contained in the L.O.I. and Presented to USA
Pools
-USA Pools Counter Proposal
-USA Pool Letter Dated November 7, 20 II (Evaluation Letter)
RESOLUTION NO. 181-11-13495
A Resolution allowing the City Manager to negotiate a 5-year contract relating
. to pool operator USA Pools for the planned Murray Park Community PooL
WHEREAS, the City has secured grants for an estimated amount of $1,2000,000 to build a
community pool some of which are due to expire on December, 31, 2011, and others on December
31,2012; and
WHEREAS, a the City needs the pool operator to provide guidance as to the final pool
design and therefore the selection of a pool operator is a critical frrst step in the process of designing
and constructing a pool; and,
WHEREAS, USA Pools has submitted a Letter ofInterest 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 October ,2011.
APPROVED:
JW){YJ4!k
COMMISSION VOTE: 5-0
Mayor Stoddard: Yea
Vice Mayor Newman: Yea
Commissioner Palmer: Yea
Commissioner Beasley: Yea
Commissioner Harris: Yea
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RESOLUTION NO. ___ _
A Resolutiou authorizing the City Manager to execute a 5-year agreement
with USA Pools for the pool operations and management of the planned
Murray Park Commuuity Pool.
WHEREAS, a pool operator will have input to the final pool design and is a critical first step
in selecting a pool operator prior to a design build company; and,
WHEREAS, USA Pools submitted a Letter ofInterest to the City expressing their interest in
operating 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 Commission approves and authorizes the City Manger to execute a
5-year agreement with USA Pools for the operations and maintenance for the planned Murray Park
Community Pool.
Section 2. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this __ day of _____ , 2011.
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:
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 66 th 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 of16
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 of 16
• Pool pump type and status
• General condition of pool structure
• Electrical equipment type and status
B. Clean pool (pool bottom must be visible)
C. Clean pool decking
D. Inspect chemical feed pumps
E. Inspect all filtration equipment
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 of16
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 of16
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.
I I. 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 with holdings
• 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 of16
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 6 of 16
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 of16
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 of16
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 af16
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 Y2" x II", 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 s~ructural 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 Op_erator. 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 of16
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 shall provide the City a performance bond
for six (6) months of operating costs at the estimated value of $50.000 per month for a
total performance bond amount of $300.000.
38. ASSIGNMENT: Operator shall not assign or transfer its rights under this Agreement
without the express written consent of the City. In turn and upon its approval. the City
will not unreasonably withhold and/or delay said consent.
39. EFFECTIVE DATE: This Agreement shall not become effective and binding until it
has been executed by both parties hereto and the effective date -r shall be the date of its
execution by the last party so executing it.
40. THIRD PARTY BENEFICIARY: It is specifically understood and agreed that no
other entity shall be a third party beneficiary hereunder. and that none of provisions of
this Agreement shall be for the benefit of or be enforceable by any other than the
parties hereto. and that only the parties hereto shall have any rights hereunder.
41. FURTHER ASSURANCES: The parties hereto agree to execute any and all other
and further documents as might be reasonably necessary in order to ratify. confirm. and
effectuate the intent and purposes of the Agreement.
42. TIME OF ESSENCE: Time is of the essence of this Agreement.
Page 14 of 16
43. CONSTRUCTION: This Agreement shall not be construed more strongly against
either party hereto. regardless of who was more responsible for its preparation.
44. FORCE MAJEURE: Neither party hereto shall be in default of its failure to perform
its obligations under this Agreement if caused by acts of God. civil commotion. strikes.
labor disputes. or governmental demands or requirements that could not be reasonably
anticipated and the effects avoided or mitigated. Each party shall notify the other of any
such occurrence.
45. NOTICES: Whenever notice shall be required or permitted herein. it shall be
delivered by hand delivery. e-mail. facsimile transmission or certified mail. with return
receipt requested and shall be deemed delivered on the date shown on the delivery date
on the return receipt or the date shown as the date same was refused. as follows:
If to the City of South Miami:
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
Fax: ____________ ___
E-mail: __________________ ___
With copies by U.S. mail to:
Company Attorney
Page 15 of 16
IN WITNESS WHEREOF, the parties have signed this Agreement this _ day o(
_____ 0(2011.
COMPANY NAME, a (State) corporation
Signature of Witness
Name
AUTHENTICATION:
Signature: ,-,-_,.-:-_-:-___ _
Maria Menendez
City Clerk
Read and Approved as to Form, Language,
Legality and Execution Thereof:
Signature: __________ _
City Attorney
By: ________ _
_______ " as its President
CITY OF SOUTH MIAMI
Signature: -=-----:--:------:-c:--:-:-------
Dr. Hector Mirabile
City Manager
Page 16 of 16
TABLE OF CONTENTS
1. EFFECTIVE DATE ....................................................................... .
2. PROPOSAL EXPIRATION OPTION .......................................... '" ..... .
3. ACCESS AND UTILITIES ............................................................. ..
4. TELEPHONE .............................................................................. ..
5. FIRST AID KIT.. .......................................................................... .
6. OPENING ................................................................................... .
7. EARLY SWIM READY DATE ........................................................ ..
8. VANDALISM .............................................................................. .
9. PERMITS ................................................................................... .
10. MINIMUM SAFETY STANDARDS .................................................. ..
11. POOL OPERATION ..................................................................... ..
12. DESIGN SERVICES ..................................................................... .
13. PERSONNEL .............................................................................. ..
14. PERSONNEL RESPONSIBILITlES .................................................... .
15. RAIN DAY .................................................................................. .
16. WATERQUALITY ...................................................................... ..
17. UNUSUAL CONDITIONS .............................................................. .
18 CHEMICALS AND SUPPLIES ........................................................ ..
19. REPAIR WORK ............ '" ............................................................. .
20. COACHES ................................................................................... .
21. ADDITIONAL PERSONNEL.. ....................................................... ..
22. INSURANCEI LIABILITy .............................................................. .
23. TRANSITION PERlOD ................................................................. ..
24. MISCELLANEOUS ....................................................................... .
25. PRE/POSTWALK THROUGH. ........................................................ .
26. EXTENSION OF OPERATION ......................................................... .
27. CLOSING ................................................................................... .
28. LANDSCAPING ............ " ............................................................ .
29. PAyMENTS ................................................................................ .
30. CANCELLATION ....................................................................... ..
31. OWNER CONTACT PERSON ......................................................... ..
32. GOVERNING LAW ..................................................................... ..
33. ENTIRE AGREEMENT, MODIFICATION, BINDING EFFECT.. .............. ..
34. STRICT COMPLIANCE ................................................................. ..
35. SEVERABILITy .......................................................................... .
36. NONWAIVER ............................................................................. .
37. EXTENSIONS .............................................................................. .
38. ATTORNEYS FEES ...................................................................... .
39. ACCEPTANCE ........................................................................... ..
SWIMMING POOL MANAGEMENT AGREEMENT
THIS AGREEMENT, between USA Pools of Florida, Inc. (the "Company") and The City of South Miami (the
"Owner"), is to provide for the design and operation and management by the Company of the Murray Park Pool
located in Dade County, Florida, in accordance with the specification, conditions, and terms set forth herein.
1. EFFECTIVE DATE: This Agreement, when executed by both parties hereto, shall become effective on
date of signing, November 15, 20 II through December 31, 2017. This agreement shaH then continue from year to
year on the same terms and conditions set forth herein, at an amount not to exceed an increase often (10%) percent
each swim year. In the event that Owner desires not to renew and extend this Agreement as provided herein, Owner
shaH provide Company with written notice by certified mail delivered to 1073 Green Street Roswell, GA 30075
prior to September IS, of each year.
2. PROPOSAL EXPIRATION OPTION: This contract is void at the Company's option if not executed
by the Owner and returned to the Company by November IS, 2011 or shall increase 5% in total price.
3. ACCESS AND UTILITIES: The Owner agrees to permit and maintain free access to the pool site and,
prior to March 15th of each year, provide three (3) sets of keys to Company to all locks required to operate the pool.
Company shall keep and safeguard keys and release keys only to authorized personnel. NOTE: If locks at pool site
change, three (3) sets of keys should be supplied to Company within three (3) working days.
Owner further agrees to furnish witbout cost to Company:
1. Water
2. Electricity
3. 110 volt electrical outlet in pump room
4. Receptacles for trash
5. Garbage pick-up service
6. First aid kit and restock, each year.
7. Telephone (If telephone is ever out of service pool shall close until repair is complete.)
8. Pool stand and umbrella for pool stand.
9. Equipment to operate pool required by local county health codes. I.e. ring buoys, rescue tubes,
test kit, chemical feed pumps, etc.
10. Provide a copy of any Health Department Violations InspectionsiNotiees upon Owners
receipt.
II. Complete written copy of pool rules.
4. TELEPHONE: The Owner agrees to be responsible for and to provide an operational touch-tone
telephone thirty (30) days prior to opening and accessible to personnel at pool site. Consistent with healtb
department regulations and for safety reasons pool shall only be open when the telephone is operational. The
telephone must be capable of receiving incoming caHs and be a dedicated land line. The telephone cannot be
cellular or portable since 911 dispatch cannot trace such caHs.
5. FIRST AID KIT: Owner agrees to be responsible for supplying and maintaining a completely stocked
first aid kit, consistent with local health department regulations thirty (30) days prior to opening date. If first aid kit
is not provided for or maintained, each year, then Company shall have the option to provide a fist aid kit. Owner
agrees to pay for first aid kit or supplies as provided for in section REPAIR WORK.
6. OPENING: Company shall make pool "ready to swim" by completing the following services, where
applicable:
1. Clean pool
2. Clean pool decking; (no landscaping) pressure washing available for an additional charge (See
REPAIR WORK)
3. Mount diving boards, pool stand chairs, and ladders
4. Clean bathhouse
5. Company shall have the option to supply an appropriate test kit before opening day. Owner
agrees to pay for said test kit if provided for by company. (See REPAIR WORK)
6. Fold pool cover(s)
7. Order, store, and inject all necessary chemicals to establish proper levels for:
A. Free chlorine
E. Total Alkalinity
C. PH
D. Cyanuric acid
E. Calcium hardness
8. Set out and clean deck furniture. (Due to aging of furniture some stains may
not be removable, furniture repair is available upon request.)
9. Start up filtration system.
10. Perform requisite repair work as authorized and needed by Owner.
(See REPAIR WORK) Note: Company shall have the option to
install and/or replace pool items necessary to meet local code requirements.
Note: The pool must be clean and free of algae for the initial start-up of Owners swim facility each spring.
If pool is not free of algae, Owner agrees to pay additional charges for cleanup and chemical treatment of pool. (See
REPAIR WORK)
7. EARLY SWIM READY DATE: Company shall provide an "early swim ready date" to accommodate
swim team or swim at own risk (SAOR) time. Owner agrees to give written notice of "early swim ready date"
thirty (30) days prior to first day. Additional charges for daily chemical rate and maintenance will apply.
8. VANDALISM: Upon authorization from Owner, the Owner agrees to pay additional reasonable
charges for cleanup as the result of vandalism or acts of God, in accordance with section PAYMENTS. The
Company shall not be held liable nor assumes any responsibility for any and all damage caused by vandalism to the
facility, equipment and surrounding areas. Should water quality be affected by vandalism the cost of correction
shaII be billed to the owner.
9. PERMITS: The Company shan assist the Owner in obtaining a swimming pool operating pennit from
the local health department. Company shall have the option to pay fees associated with obtaining a pool permit, as
determined by the local health department. If Company pays said fees, then the Owner agrees to reimburse
Company under the terms in section PAYMENTS, the cost ofthe pool permit. The Company shall assist the Owner
regarding necessary parts and repairs required to satisfY health department requirements. These parts and repairs
shall be made in accordance with section REP AIR WORK.
10. MINIMUM SAFETY STANDARDS: Owner agrees and aeknowledges that it is Owner's
responsibility and duty to operate Owner's pool within the established local health department regulations and
minimum safety standards. The National Spa and Pool Institute (NSPI) "Minimum Standards for Public Pools," the
National Electric Code, and any and all local health and building codes shall be used as minimum standards for
safety herein. The NSPI "Minimum Standards for Public Pools," may be obtained from NSPI, 2111 Eisenhower
Avenue, Alexandria, VA 22314; the National Eleetric Code is available from the National Fire Protection
Association, Batterymarch Park, Quincy, MA 02269; and local health eodes are available from the county
environmental health department.
The Company may bring the Owner's pool into eomplianee with minimum standards in the following areas:
1. Tile depth markings at water line and safety wamings on pool deck
2. Safety equipment: ring buoy(s), rescue tube(s), shepherd hook(s), first aid kit, safely rope with
buoys.
3. OFI circuit breakers for underwater pool lights.
Payment for work and equipment to bring Owner's pool within minimum standards on the above items shall be the
responsibility of the Owner. In accordance with section PAYMENTS.
Note: Company shall have the right to caneel this Agreement, if Owner elects not to have pool brought up
to minimum safely standards as defined above.
II. POOL OPERATION: Company recommends that supervision by eertified personnel be required for
any use of the pool. Owner agrees to indemnify and hold Company harmless for any claims arising from use of pool
other than during supervised hours. Company agrees to write schedule per the conditions of this agreement except
where the schedule is changed due to inclement weather, low bathing load, repairs, lecal malter contamination or the
Owner's request for modification of personnel's shifts. Company shall sehedule personnel to operate the pool on
the following sehedule:
DATES OF OPERATION:
Pool is scheduled to open on Janumy I, 2013
HOURS OF OPERATION:
Pool Hours: TBD
Company shall provide operational schedule to Owner by June 1,2012. Owner agrees to provide
authorization on an operating schedule prior to July 1,2012.
Note: If Owner elects to ehange the above schedule any time during thiS agreement, the Owner agrees to
provide 30 day written notice to allow company time to accommodate schedule change.
Company may determine personnel requirements based on bathing load and pool size. Once every hour,
for a period often minutes, the pool shall be cleared of all children 17 years and younger. (Safety Break) During
this period, personnel shall not be on duty and neither the personnel nor the Company shall be responsible for people
using the pool during said safety break.
12. DESIGN SERVICES: Company shall provide assistmlee to Owner in the design of the Murray Park
Aquatic Center. Company shall provide Owner with a conceptual drawing within three weeks of execution of this
agreement for design. Company agrees to sign off of the design process at the 25%, 50%, 75%, and 100% of design
completion phase. Payments for this work will be paid to Company for these serviees in aceordance with section
PAYMENTS.
Owner agrees that the base of the facility must contain the following:
I. Water Park
2. Instrnctional pool
3. Facility -To include, pump room, office, restrooms, storage room, guard room, and admissions
entrance at a minimum.
Owner agrees that failure to meet these basic needs will reduce the level of revenue generated.
13. PERSONNEL: Company personnel who shall work at the Owner's pool in fulfilling the terms of this
Agreement shall be personnel of the company and be directed solely by the Company.
duties:
1. The Company shall maintain at its expense a sufficient number of personnel to perform
Company's responsibilities hereunder. Company shall have sole and complete authority for
recruiting, hiring, training, promoting. supervising, compensating and disciplining such
personnel and for establishing the terms and conditions of their work environment. Such
personnel shall be under the Company's exclusive direction and control.
2. The Company shall train personnel. Personnel not performing up to the standards of the Owner
will be replaced by the Company within 48 hours of receipt of written request by Owuer or
designated representative.
3. Personnel shall have the authority to discipline swimmers aud any and all other persons within
the pool facility, within their best judgment and sole discretion consistent with the published
and posted rules ofthe Owner and minimum safety standards as established herein.
4. Personnel are not required to tolerate abusive language or physical confrontations by facilities
members or guests. If either occurs, the facility owner or guest will be required to leave the
active area andlor premises at the request of personnel. Should guest not comply, the local
authorities shall be called. Company has authority to call the appropriate law enforcement
authority for assistance andlor arrest if the Company feels necessary. Company feels this
action is in the best interest of other facility members or guest andlor company personnel.
5. Anyone not abiding by the rules or blatantly disregarding them shall be warned and may be
asked to leave the pool andlor facility. Should any individual pose an ongoing problem, that
matter will be brought to the attention of Company's office and Owner's contact person.
6. Company's full time management staff shall train personnel on independent mechanical
operation of Owuer's facility.
7. Company's staff shall supervise personnel.
8. Whereas, Company will invest substantial resources to train and convey information concerning
operational techniques and management procedures to its personnel at Owner's faCility. Owner
acknowledges that such information and investment is a valuable asset of Company's business.
Owner agrees not to hire or contract (without the prior written consent of Company) any
personnel or fonner personnel of the Company directly or indirectly to work at, service, or be
connected in any way with the pool named herein for a period of one (l) year from the date of
expiration or cancellation of this agreement. Owner further agrees not to contract for
swimming pool maintenance or services as described herein with any other company or
individual who makes use of former Company's personnel to work at, service, or be connected
in any way at the pool named herein for a period of one (I) year from the date of expiration or
cancellation ofthis agreement.
14. PERSONNEL RESPONSIBILITIES: Personnel shall be required to be responsible for the following
1. Supervise main pool. Parent(s) should supervise wading pool.
2. Checking water chemistry and record readings.
3. Maintaining chlorine and pH balance of pool water.
4. Cleaning tiles around pool edge according to companies cleaning schedule.
6. Back washing filtration system as needed.
7. Cleaning pump system hair and lint strainer basket(s).
8. Cleaning trash in swimming pool area.
9. Vacuuming pool according to companies cleaning schedule.
10. Emptying trash receptacles.
11. Straightening deck furniture.
12. Enforcing Owner and Company's rules for the safety and convenience of Owner's members.
13. Assisting Owner in monitoring membership.
14. Lock and secure facility upon closing. In cases where members may swim when personnel is
not at pool site then Owner agrees to secure the facility.
IS. Owner agrees to repOlt and document any action that may jeopardize the spirit and content of
this agreement to company's corporate office.
15. RAIN DAY: In the event of severe weather, Company shalI have the right to close the pool with no
refund due the Owner.
Lightning, thunder and high winds shall constitute severe weather and are a danger to swimmers. At the
fIrst occurrence of thunder or lightning, pool shall be closed to swimmers for 30 minutes. Should thunder or
ligbtning persist, pool shall remain closed until 30 minutes after the last occurrence of thunder or lightning. Deck
area shall also be closed for 30 minutes after each occurrence of lightning.
16. WATER QUALITY: Company shall be responsible for maintaining the condition of the swimming
pool water within the tolerances of the American Public Health Association and the local health department while
Company's personnel has pool open to swimmers.
\. Free chlorine 4. Calcium Hardness
2. PH 5. Cyanuric Acid
3. Total Alkalinity
Rain, increase/decrease in bathing load continuous sun days, human waste, mustard or black algae,
vandalism, and other factors can affect water chemistry. The Company cannot control external conditions or events.
Bathing load (number of people in the pool) contributes to bathing waste. Bather waste (oils, skin, hair products,
bathing suit dyes, cosmetics, etc.) can seriously affect the quality of water chemistry. Company shall notifY the
Owner if bather wastes become an issue.
There are over 21,000 known varieties of algae. Company shall avoid all of the complication by refelTing
to algae by the color they exhibit. Mustard, Black or Brown Algae is an algae that can be brought into a pool
through storms, bathing suits, pool toys, and many other objects that has been in contact with other pool water,
lakes, streams or other bodies of water that is infected with these algae's. Owner understands that normal chemical
treatment to pools carmot prevent these types of algae's. If, in the event Owners pool is infected with any ofthe
above mentioned algae's, Company shall notifY Owner of said algae and chemically treat pool water upon Owners
approval. If, in the discretion of the Company, it is determined that the water quality is insuffIcient to properly
operate the pool, the Company shall have the right to close the pool for such period oftime as shall be necessary to
COlTeet the water quality. This shall not require any change or adjustment in any provisions of this Agreement.
17. UNUSUAL CONDITIONS: Emergency Closing of pool: The Owner and/or the Company may close
the pool in an emergency situation, whether the emergency is caused by a breakdown of equipment, any act of God,
repairs, or by any other causes outside the control of Company. This shalI not require any change or adjustment in
any provisions ofthis agreement. Should a time lapse of more than fIve (5) days be necessary to perform repairs
and/or restore pool to normal operation Company shall refund fIfty percent (50%) of the daily operational cost to
Owner until such time as the pool is reopened for normal operation.
The pool shall be closed to swimming in cases where Fecal Matter is present. To comply with national,
state and local codes and recommendations, the Company shall close and treat Owners pool in the event that fecal
matter, vomit, or blood should contaminate the pool. Owner agrees to pay for additional reasonable charges. The
Company shall ask swimmers to exit the pool, remove matter, vacuum, brush, shock and monitor pool water. The
pool shall remain closed to swimmcrs for up to 4 filtration circulation turnovers or until chlorine levels drop to
acceptable levels after 4 turnovers. The Company shall re-open pool for swimming.
Although glass is not permitted in the pool area during operation, glass can enter the pool area due to
vandalism, after hour parties or storms that blow glass top tables into pools. Generally, colored glass entering the
pool can be identified and removed. Clear glass is not easily seen and it is a requirement of thc health department
that the pool is drained, surface scrubbed and cleaned, refilled and water rebalanced. The Owner shall be notified
should glass enter the pool. Owner shall be required to sign a Waiver of Liability for clear or colored glass on
behalf of the Company should Owner elect not to follow required codes to close and drain the pool.
Defects/ Problems may exist that are not cvident during Company's original assessment of pool and cannot
reasonably be identified without a history of events or difficulties with maintenance in the past. These
defects/problems can be in underground plumbing, improperly sized plumbing of which neither can be seen, facing
plumbing, defective valves and fittings, hidden electrical problems in panel or wiring, and structural components of
tbe pool such as gunite, deck, tile and coping. Further, defects/problems can assert themselves or develop during the
course of a season that requires repair in order to maintain the quality of the pool water or environment, particularly
as it relates to circulation and filtration.
Water leaks in a pool can be found in structural cracks, light niches, plumbing, skimmer throats, fresh water
fills, and waste lines. Leaks are not limited to those referenced herein. Company shall notif'y Owner if leak
detection is required to identify source of a pool leak. Should Owner elect not to choose to have leak detection
performed, Owner is hereby advised that increases in water bill, increases of chemical consumption and citing by
Health Department may occur. Owner agrees to pay for increase chemical consumption due to pool water leaks.
Leak detection and repair is not a part of this agreement.
Any work or items performed or supplied by Company shall be subject to the conditions in the REP Am
WORK provision of this Agreement.
18. CHEMICALS AND SUPPLIES: Company agrees to supply at its expense:
I. The following chemicals for safe and clean pool water shall be provided throughout the
summer.
chlorine
calcium chloride
sodium bicarb
stabilizer
diatomaceous earth
soda ash
pool acid
Note: Ifadditional chemicals or labor are required to maintain or correct pool water chemistry due to
failure or breakdown of Owner's equipment or loss of water due to a defect in Owner's pool or recirculation system,
Company shall notif'y Owner of such breakdown or defect, and if Owner elects not to remedy problem Owner shall
pay as an additional charge, the reasonable expense of all said additional chemicals and or labor.
2. Company agrees to supply, at its expense bathhouse supplies and retain a professional cleaning
service for the bathrooms
3. Owner agrees to be responsible for providing, with no cost to Company, the following
items/equipment:
water hoses
pool vacuum heads
pool poles
algae brushes
leafnet
shepherd hook
chemical control unit
fITst aid kit/supplies
water test kit/reagents
pool vacuum hoses
ring buoys
rescue tubes
mops
buckets
algaecides
Clarifiers
CPO Sign
pool rules sign 2 chemical feed pumps
trash receptacles gas and blower
safety rope and buoys flow meters & pressure gauges
toilet bowl brush brooms
blood born kit hazmat kit
pool stand pool umbrella
Automatic pool fill with auto shut off
Operation manual Bathhouse Supplies/Trash can Liners
19. REPAIR WORK: The Company shall stand ready to perform any repair work needed during the term
of this agreement. It is understood that repair work is an independent covenant of this contract and notwithstanding
any alleged breach Of any other covenant. Owner shall authorize work in a timely matter. Owner shall have the
option of using another contractor for repair work. Work performed by Company shall be billed as follows:
1. Any work or equipment in excess of$195.00 to be provided by Company or Company's Sub
Contractors shall be undertaken only upon authorization by the deSignated representative of
Owner. Upon authorization, Company shall perform work and invoice Owner. Owner agrees
to pay repair bills and invoices in accordance with section PAYMENTS.
2. Repair work wherein the cost does not exceed $195.00, Company shall invoice Owner. Owner
agrees .to pay repair bills and invoices in accordance with section PAYMENTS.
3. For necessary items/parts not exceeding $195.00 per item/part, Company shall invoice Owner.
Owner agrees to pay for items/parts in accordance with section PAYMENTS.
4. The Company shall arrange for repair of plumbing or electrical eqUipment/services at the
Owner's request. Owner agrees to pay invoice in accordance with section PAYMENTS.
5. The Company shall assist the Owner with regards to any necessary major repairs.
20. ADDITIONAL PERSONNEL: The Company agrees to schedule personnel for extra hours of
operation at the written request of the Owner and subject to the following:
I. Whereas the Company shall schedule personnel for extra hours of operation, the Owner agrees to
be responsible for giving the Company no less than seven (7) days of prior written notice.
Additional hours are subject to the availability of personnel.
2. The Company shall not schedule any personnel beyond the hour of 11 :00 p.m.
3. Personnel scheduled by the Company, other than those specified in this contract, shall be at the
rate of$19.50 per hour. Amount shall be payable to the Company with the seven (7) day prior
written notice. This cost is in addition to the fees as provided hereinafter.
21. INSURANCE/LIABILITY: The company shall maintain the following coverage:
I) Worker's Compensation insurance covering all persons engaged on behalf of the Company in the
performance of the terms ofthis agreement.
2) General liability insurance in the amount of$I,OOO,OOO.OO
3) Professional liability insurance and punitive damages in the amount of$I,OOO,OOO.OO
Upon written request by Owner, Company agrees to supply copies of certificates of insurance to the Owner
verifying the above-mentioned insurance coverage. Company further agrees to list Owner as an additionally insured
on policy for a fee of $200 payable in accordance with section PAYMENTS. It is the responsibility of the Owner to
provide all other insurance coverage.
Company assumes no liability for any damage or injury to any persons or property arising from or caused
by Acts of God. Except as to the employees of the Company, Company assumes no liability for any damage or
injmy to persons or property arising from or caused by physical or mental incapacity, physical or mental diminution,
or intoxication from alcoholic or other substances, whether legal or illegal. The Company assumes no liability for
the acts of any "Good Samaritan". The Company shall not be liable or responsible to any person or entity for any
loss, injuries and/or damages that arise at any time, except such loss, injuries and/or damages that are the direct
result of acts or omissions of the Company or its employees. The Company shall not be liable for loss of or damage
to the personal property of any person or persons utilizing the pool or its facilities. The Owner further agrees to
indemnify and hold the Company harmless from any and all claims (including claims of vicarious and/or joint and
several liability), injuries or damages to persons or property arising from any event or circumstance occurring at the
pool or its facilities except for those acknowledged by the company as, or proven in a legal proceeding to be,
proximately caused by the negligence or gross negligence of the Company or its employees.
The Owner agrees to maintain and keep in full force and affect the following coverage:
1. Premises liability insurance.
2. Comprehensive general liability insurance in the amount of $1,000,000.00 each accident/each
person.
The Company shall not be liable for claims arising from defects in the Owner's premises, equipment,
amenities, furniture, or recreation equipment. Owner asserts and attests that all items are in a safe and usable
condition and meet any and all necessary standards for usage. Company may notify Owner of any conditions that
may pose a hazard, but is not required to do so. It is the sole responsibility of the Owner to repair, remove or replace
any defective items that are the property of the Owner.
Owner agrees to provide Company with proof of insurance in the form of Certificates of insurance
verifying the above-mentioned insurance coverage.
22. TRANSITION PERIOD: Should time elapse between the end of current services and the start date
of a successor agreement: the Owner agrees that an unattended aquatic facility is subject to the development of
algae, chemical imbalances, accumulation of debris and leaves. The conditions that may adversely affect the
filtration system and those that may contribute to the possibility of freeze damage and other conditions not specified
or limited to those above will be reviewed and the conditions evidenced will be reported to the Owner for action as
the Owner deems in its best interest. Should the facility require cleaning or repairs to prepare for the inspection and
opening per this agreement or a successor agreement, the Owner agrees to pay the Company to remedy this
eondition or on a basis mutually agreeable to the parties.
23. MISCELLANEOUS:
1. Owner agrees to communicate any comments, suggestions, or complaints concerning the
pool, pool staff, or management service directly to the Company's corporate office.
2. The Company shall not be liable for pool and damages caused by hydrostatic lifting or faulty
construction.
3. When Company's personnel is not scheduled to work at Owners facility the Company shall
assume no responsibility or liability at the facility before or after specified hours of operation.
4. The Company shall not be liable for any damage to the facility, equipment and surrounding
areas caused by sudden storms, and/or damage from lightning, wind, hail, or heavy rains.
5. To comply with national, state and local codes and recommendations, the Company shall
close and treat Owners pool in the event that fecal matter, vomit, or blood should contaminate
the pool. Company shall take appropriate steps to clean and disinfect pool. An additional
cost will be billed to Owner for this process.
6. If there is a change in local, state or federal laws concerning minimum wage, or concerning
any other cost aspect relating to this proposal, the Company may present additional charges to
Owner.
7. Company reserves the right to close pool if air temperature is 69 degrees or lower with no
refund due to Owner.
24. PREIPOST WALK THROUGH: At the Owner's written request the Company shall join the Owner
in a complete inspection of the Owner's facility. It is the intention of the Company to provide the Owner with a
detailed and specific account of the condition, and long term as well as short term needs of the pool. Upon
inspection, the Company shall provide a written report sent to the Owner. At the Owners request, Company shall
perfonn any repairs listed in the report, in aecordance with section REP AIR WORK.
25. EXTENSION OF OPERATION: At the option of the Owner, the Company shall schedule and
maintain the pool and provide all necessary services to allow swimming before or after the dates in section POOL
OPERATION. The Owner agrees to notify Company in writing thirty (30) days prior to the "extension of
operation". The cost for "extension of operation" not covered by this agreement shall be $65.00 for each day
(including days the pool is closed) from the first day of the extension through the final day that the pool is open for
swimming, plus $23.50 per hour. An additional four (4) hour per week shall be added for pre and post operational
maintenance hours. Amount shall be payable to the Company with the thirty (30) day written notice. This cost is in
addition to the fees as provided hereinafter.
26. LANDSCAPING: Company shall not be responsible for any landscaping duties. If in the opinion of
the Company landscaping presents a problem to the pool and surrollllding areas the Company shall notify the
OWner. The following is a list of items that affect the pool environment, but are not limited to:
(I) Leaves entering pool and pool area.
(2) Leaves clogging skimmers and drains.
(3) Flowering shrubs, trees and plants.
(4) Overhanging tree branches.
(5) Mulch blowing into pool
(6) Hay from newly seeded grass.
(7) Cut grass not being removed from pool area,
Landseapers using pool area, pool and/or bathrooms for eleaning equipment or tools, and storage or
repotting of plants, cleaning boots off in pool, etc. create excessive clean up eonditions for Company's Persollllei.
The Owner contact person shall be notified if this occurs and additional charges may be incurred if clean up is
required due to landscapers neglect.
27. PAYMENTS: The Company hereby proposes to perform the work and services set forth above for the
month operation fee of$39,800.00 upon specification, conditions and terms as set forth herein. Owner will be
invoiced payment (2) 30 days prior to the opening of the facility. Payments by Owner to Company shall be made in
accordance with the following schedule:
(I) Due upon schedule listed below for
Design services.
$39,800.00*
(2) On or before April 1 of each year. $39,800.00
(3) On or before May 1 of each year. $39,800.00
(4) On or before June 1 of each year. $39,800.00
(5) On or before July 11 of each year. $39,800.00
(6) On or before August 1 of each year. $39,800.00
(7) On or before September 1 of each year. $39,800.00
(8) On or before October 1 of each year. $39,800.00
(9) On or before November 1 of each year. $39,800.00
(10) On or before December 1 of each year. $39,800.00
(11) On or before January 1 of each year. $39,800.00
(12) On Or before February 1 of each year. $39,800.00
Each month, OWner shall audit revenue collected during the previous month. All revenue generated
will be credited to the monthly service fee owed to Company. Company will provide all paperwork and
records from POS system used by the 5'h day of each month for audit.
*PAYMENT FOR DESIGN SERVICES:
(I) Due upon completion of25% sign off of design
(2) Due upon completion of 50% sign off of design
(2) Due upon completion of 75% sign off of design
(4) Due upon completion of 100% sign off of design
$9,950.00
$9,950.00
$9,950.00
$9,950.00
Contract Payments are due as indicated above. Any contract payment not made within five (5) days of the
dates listed above shall be subject to a delinquent payment of five percent (5%) of the amount due or any portion
thereof. In the event contract payment are not received within (10) days of the dates listed above, the Company
shall have the right, at it's option, and within its sole discretion, to interrupt its services under this Agreement and to
withdraw and remove all personnel and supplies from Owner's pool facilities without any further or additional notice
to Owner. Any and all other Payments, including, but not limited to, payments for repairs, parts, equipment, or
labor, not made on or before ten (l0) days from the due date shall be subject to a delinquent payment of five percent
(5%) of the amount due or any portion thereof. In the event payments are not received fifteen (15) days from the
due date, the Company shall have the right, at it's option, and within its sale discretion, to interrupt or terminate its
services under this Agreement and to withdraw and remove all personnel and any unpaid for parts, equipment,
andlor supplies fyom Owner's pool facilities without any further or additional notice to Owner. Any such
intenuption or termination notwithstanding, Owner shall be fully responsible for all payments provided herein. In
the event that Company is required to collect payment at Owner's establishment, Owner agrees to pay an amount not
to exceed $100.00 for courier services.
In the event that the Company elects to pursue collection of any amounts due under this Agreement, Owner
shall pay all said amounts, together with the interest at the rate of 18% per annum from the date the same became
due, together with any and all cost of collection, including and together with any and all reasonable litigation
expenses, including reasonable attorneys fees.
28. CANCELLATION: The Owner shall have the right to cancel this Agreement based on Company's
non-performance of duties and responsibilities as follows:
(I) Owner shall notifY corporate office (1073 Green Street Roswell, GA 30075) by certified mail and
by phone of any problem regarding performance as detailed in the Agreement. Company shall
have five (5) business days following receipt of certified notification to remedy stated violation of
agreement. (the "Remedy Period")
(2) If Company fails to remedy the violation within the "Remedy Period" as detailed in this
Agreement; Owner may then cancel this Agreement by providing Company written notice of
cancellation via certified mail, within ten (10) days of the end of the remedy period. This
agreement shall then terminate five (5) days after the receipt thereof by the Company. (the
"Tennination Date")
(3) In the event that the Owner terminates agreement by procedure stated above, the Owner shall be
entitled to a refund for monies paid in advance. Refund to Owner shall be calculated as follows:
Divide the contract price by the total number of days of operation (the
first day of the contracted swim season to the last day of the contracted
swim season as determined in section 1 of this Agreement). This daily
operation cost shall be mUltiplied by the number of days pool was
operated under this Agreement. That amount shall be subtracted from
the amount of the contract price paid to the Company by Owner as of
the tennination date. Company shall refund fifty percent (50%) of the
remaining amount paid to the Company by Owner as of the termination
date.
(4) Refund shall be paid within fourteen (14) business days after termination.
29. OWNER CONTACT PERSON: Please direct all Company communications to the following Owner/
Representative:
CITY MANAGER: PARKS AND RECREATION DIRECTOR:
Name: ________ _ Name:
Street: ________ _ Street:
City: ______ St: _Zip:_ City:
Home Phone: ______ _ Office Phone:
Cell Phone: Cell Phone:
E-mail: __________ _ E-mail: __________ _
BILLING ADDRESS: FACILITY ADDRESS:
Name: _________ _
Street: ________ _ Street: ________ _
City: ____ St: __ Zip: __ City: _____ St: __ Zip: __
Contact Name: _____ _ PooIPhone: _______ _
Contact Phone: ;:.-______ _
E-mail: __________ _
30. VENUE AND GOVERNING LAW: This Contract shall be governed by and construed according to
the Laws of the State of Fulton. Venue for any disputes arising out of this Contract shall be in the State or Superior
Courts of Dade County, Florida.
31. ENTIRE AGREEMENT, MODIFICATION, BINDING EFFECT: This Agreement constitutes the
entire agreement of the parties and supercedes any prior agreements, understandings or negotiations, written or oral.
This Agreement may not be modified or amended except in writing, signed by both parties hereto. This Agreement
shall be binding to ensure the benefit of the Owner and Company and so their respeetive heirs, suceessors and
assigns.
32. STRICT COMPLIANCE: No failure of Company to exercise any power or right granted herein, or
to insist eompliance by OWner with its obligations and duty herein shall constitute a waiver of Company's right to
demand strict compliance with the provisions hereof at any time.
33. 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 unenforeeable, 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.
34. NONWAIVER: Owner and Company 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.
35. EXTENSIONS: Unless otherwise agreed to by Owner and Company in writing, the terms of this
Agreement shall apply to all extensions and renewals hereof.
36. ATTORNEYS FEES: In the event of Owners breach of Agreement or legal action to enforce the
rights of Company nnder the terms ofthis Agreement, the parties agree that the Company shall be entitled to reeeive
as additional damages, any and all litigation expenses, including attorney's fees.
37. ACCEPTANCE: Acceptance of this Agreement by Owner through signatures below, and return of
this Agreement along with any payments due hereunder will constitute a contract entered into in accordance with the
specifieations, tenns and eonditions and addenda attached hereto.
USA POOLS
By: USA Pools of Florida, INC.
By: __________________ ___
Name: Matt Satterly
Title: Vice President
CITY OF SOUTH MIAMI
By:
.~~~--~~--~----Authorized Agent -"Owner"
Date: _______________ _
By:
~~---------------Officer
November 7,2011
Steve Kulick
ProfI?$SW114{ poOr
:Management
S$tvic!) • ·Safety. Supplies
Purchasing Manager/Central Se.tvices
City of South Miami
6130 Sunset Drive
South Miami,FL 33143
Dear Steve;
IWould lik~tothank you and!!)e City of South Miami for giving us the oppor'tllOityto workwlth you on
this project. We lopk forwar.d to a long working relationship. Upon chopsing USA Popls ~s the operator
for the new aquatic center, we requested a period of time to determine the best waytooperatethls
facility, . The goal of th~ City was to hire a firm tobperate the neW fatilityat 110 cosn~the City. The firm
hired would assist the City in the designgfthenew facility, .BaseOo.n ourexperienceintheaquatic
management industry, wefelttha! making adetermination was not possible withoutspending some
time doing research onthe are~, demographics, andpricing for similar operations and programsinDade
COUnty. Qyrgoal in thisresearch WeS to determine ifthisapproac.h prpposedl:>y the City was possible
and whatthe best alternative would be if thisapprbach cotilci not be achieved. .
I.n mY previous letter toyou following .up oW initial meeting On this project, we expressed concerns
abput meeting thlsgoal based on many factors. A verY small percentage of aquatic facilities tnrotighout
thecountrv are cOst neutral. The ability to generllte the necessarY revenue for any firmtooperate ata
profit is linjited by many factorsbutside the ¢ontrol bUhe oper.tiryg firm. Although assistin~with the
pesign WiU ~.lIoWbur firrn toget •. f.ciUtYth.t will meet burn¢eds from an operationS stanclpoif)t,it Win
notchange what the .market will bearas far as fees to use the facility and feesforthe programs that we
offer. Additionally, we can only proVide a direction in th~desllln process .. The firm you hireto perform
the designjb.uild will determine the final product based.on theirpric,ngto the City. TheJunds for this
project are fixed and any changes in scope once the workbeginswiU redqce tbeoriginal scope of this
project.
We have spent rnany years wprking With municipal cilentsal).d h.ave done. sign)fi.cant (esearch on uSe'?
of each faCility. We find that 83.8% of users for all rnunicipalitiesare residents of that munic;ipality. Tt)i:s
nllmberisslightly hi&Mr himetropblilanareas. The residents orthe City of Sooth Miarni haveiltcess to
ClVer 3.1 aqUiltic racilities with!na2Q mile radi.us of theCi\y.Accessto this many facilities greal.ly re.duces
the amount of users for thisfacility,especiaUy nOne-residents. To ~eepas many residents as possible
using this facility, we wIll have tboffer reduced prkingfor residents .. Thiswill lower the amount of
revenue that we can generate just t.o keep resident.s from using other facilities:
j07.3 GreenStreet· Roswell, Geor\lia3001'5-;3608
Phohe:(770)248 C1I)SA (1872)" .Fa~.: (E)78) 352'01)SA (0$7.2)
WwW.usapoQls;corn
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In order for the facility to be viable, we propose establishing an annual agreement with the City of South
Miami to manage the new aquatic facility. Under this agreement, the City would pay ourfirm a monthly
fee to operate the facility. Our firm will work aggressively to maximize· the usage and user groups of this
facility. All revenues coUected from our operations will be used to offset the monthly fee to operate the
facility.
There are two goals in this process:
1. First and foremost, the facility needs to be financially viable year to year.
2. The Operator needs to be put in a situation where it can maximize the use of the facility to
generate revenue to offset the monthly cost of the operations, but not be limited if revenue is
slow.
Under our plan, we will provide an annual agreement that will provide all services to manage and
maintain the facility daily. It will include all the costs associated to operate in a monthly management
fee. The fee is a base line amount to operate the facility. We will work aggressively to offer the most
profitable programs possible. We will also maximize the time the facility is open to the public. Each
month, we will provide an audit of all fees collected for daily operations along With the net income from
all programming. This amount will be deducted from the monthly fee paid to our firm by the City.
Under this plan, our profitability is based on our production through marketing the programs and usage
of the facility. In addition, the City is provided with the best means to have a facility operated and the
revenue generated used directly to offset the costs of the management of the facility. It also keeps the
operation of the facility in the annual budget, guaranteeing fuhding in the event the City chooses to
change operators or chooses to self-manage the facility.
We currently work off this program with the City of New York. Their goal, as is yours, is to reduce the
costs of the operations as much as possible. We previously provided their Information for you to
contact regarding our services.
As we move forward, we propose a three (3) year agreement with the City of South Miami. Under this
agreement, we will provide design and construction oversight on the project for the first two years. In
addition, this fee will include the costs necessary to market the facility six months prior to opening. The
final year will be the first year of management for the facility. Under this plan, the City will pay USA
Pools a monthly fee for work on the design and oversight of the construction process. We have built
many facilities similar to the project you are starting and know the shortfalls and problems that will
arise. We can make sure that the facility is designed and built correctly. The funds for the monthly fee
will come from the saving in the construction process through our design anc;1 oversight. Based on the
funds allocated for this project and the space available, we are confident that the design and
construction can be done well within that budget. Upon agreement, USA Pools will send down our
design team to prepare conceptual drawings of the facility and space provided within three (3) weeks
upon signing of agreement.
During the design of this facility, we will work closing with you to make sure the design incorporates the
aspects most critical to generating revenue. During the construction phase, we will make visits to the
jobsite twice per month at a minimum to review job progress and confirm quality of work. While this
project is being constructed, we will have our management staff creating the schedules and programs
for the facility. In order to make this facility work, we will need to begin marketing the project at least 6
months prior to opening.
As we move closer to the opening, we will sit down with the City to determine the operating budget for
operations. The base line amount of this operation Will become the management fee paid by the City to
USA Pools monthly.
In reviewing the area and existing facilities in the area, we have determined that the best design will
create two swimming facilities, a water park, and an instructional pool. Under this program, we will
have two separate facilities. Making them separate will help .control the operational costs during the
coldest mOnths and allow for programming to be done in the instructional pool. By keeping the two
separate, we can also maintain exact temperature on the instructional pool and offer more
programming.
The water park will be the daily draw. Under o~r concept, the pool will have a water slide, play
structure, lazy river, and zero entry for ADA compliance and usage for all ages. Based on our research,
this type of facility will allow us to charge higher daily fees. Even though it was expressed that charging
daily rates of $5 to $10 was high for this area, we feel that WI: can get Our rates in this area based on ttie
availability of this type of facility in the area. Having a water park with these features will also help draw
more patrons from outside the city limits. One of the biggest challenges in a large metropolitan area is
getting people to use facilities in adjacent Cities and locales. Residents typically use faCilities and
programs that are offered within the local's limits. The construction of a large water park in this area
will provide an alternative to this area and give us the best opportunity to bring in more users.
The Instructional pool will be used strictly for programming. The major goal ofthe City was to create a
facility that will offer residents the opportunity to learn to swim. In our concept, we want to create a
facility that is dedicated to programming. This facility will carry a 5 foot deep end. This facility will be
heated. In order to maximize our revenue, we need to be able to change temperature levels so that we
can offer more classes. By separating this facility from the water park, we also eliminate unnecessary
.cancellations of programming due to equipment problems or contaminations of the water park.
In our concept, we would have a very small and basic facility. Too often, money is wasted in the
construction process and annual operational costs on oversized facilities. It will be Important in this
project due to the small area of land we are working with and tight operational costs, to keep this facility
to a minimum. This facility will need to have restroom facilities required by code, an office, storage
room, guard room, concession stand, retail sales area, and a mechanical room for pump house
equipment. In order to maximize revenue, we will need to sell concessions and offer retail sales for our
programs.
Again, are very excited about the opportunity to work with you and create a great swimming
environment for the residents of South Miami. Through a strong working partnership, we can help with
the design and construction process and manage a facility that will not be a financial bulden to your
budget. Our proposed frame work for an agreement provides the best way to keep dire.ct costs to the
City to a minimum, but make sure the facility is viable for years to come and accomplishes the City's goal
of teaching residents how to swim.
Please let me know if you have any questions regarding this report. We are ready to move forward with
negotiations on this project. Let me know when and how you would like to start.
MIAMI DAILY BUSINESS REVIEW
Published Dally except Saturday, Sunday and
Lega! Holidays
Miami, Miami-Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
V. PEREZ, who on oath says that he or she is the
LEGAL CLERK, legal Notices of the Miami Daily Business
Review flk/a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays)_ newspaper, published at Miami in Miami-Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF SOUTH MIAMI
PUBLIC HEARING FOR 11/15/2011
in the XXXX Court,
was published in said newspaper in the issues of
11/0412011
Affiant further says that the said Miami Dally Business
Review is a newspaper published at Miami in said Miami-Dade
County, Florida and that the said newspaper has
heretofore been continuously published in said Miami~Dade County,
Florida, each day (except Saturday, Sunday and Legal Holidays)
and has been entered as second class mail matter at the post
office in Miami in said Miamj~Dade County, Florida, for a
period of one year next preceding the first publication of the
attached copy of advertisement; and affiant further says that he or
she has neither paid nor promised any person, firm or corporation
any discount, rebate, commission or refund for the purpose
of securing this advertisement f r publication in the said
newspa;;zj.
Sworn to and subscribed before me this
04 day of N=~' A.D. 20
/;~~
v. PEREZ personally known to me
THE MIAMI HERALD
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MiamiHerald.com
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dealsaver'
MiamiHerald.com/dealsaver I
(I)
CITY OF SOUTH MIAMI
COURTESY NOTICE
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 Tuesday. November 15, 2011 '
beginning at 7:30 p.m., in the City Commission Chambers, 6130 Sunset Drive, to considerti1e following
item{s):
An Ordinance relating to the year 2012 General Election of the Mayor and City
Commissioners for Groups, !I and !II; scheduling the day, place and time of the election;
providing for qualification of candidates; providing for close of election books; approving
the official ballol; providing for notification.
An Ordinance relating to the fee schedule; amending ordinance 31-11-21 04 as amended
by ordinances to increase some fees, adding new fees, and deleting some fees from the
schedule.
An Ordinance amending the City olthe South Miami Comprehensive Plan to adopt a new
fulure land use map category titled "Mixed Use Commercial I Residential (fwo Story)".
(
A Resolution authorizing the City Manager to execute a 5-year agreement with USA POO!s\
for the poo! operations and management of the planned Murray Park Community Pool. I
A Resolution authorizing the City Manager to enter into a two (2) year vehicle rental
agreement with Enterprise Rent-A-Car for rental of three (3) vehicles used in undercover
police operations by the Police Department and authorizing the City Manager to disburse
up to $29,448.00 per year over a two-year period from the federal forfeiture renta!llease
police vehicles account number 615-1 910-521-4450 (Lease Purthase-Police Vehicles).
A Resolution to execute a multi-annual service agreement with Unifirs! Corporation for the
service and delivery of uniforms for the City'S Motor Pool employees at the Public Works
Department
ALL interested parties are invited to attend and will be heard.
For further information, please contact the City Clerk's Office at: 305-663-6340.
Maria M. Menendez, CMC
City Clerk
Pl!rs<laIlt to flOOdaStaMes 28<>.0105, t~a CIt,. hereby ad>1ses tI1e pub~cthatif a person dectd.s ttl awealany deClslOll m<lde by thiS Boo<ll,Agency
or CommlssiGn wilh r~pect to lIITj' maHer emlSidered at its meetlng Of hearing, he Qf she will need a le«lrd of the proce.dings, and lila! lor suctl
purpose, affected p!!(SOO may need to ell'iure that a veroatim record oj lhe plOCIiedings is m.we which record inctudes the testimony and e~idem;e
upon which the appeal is to be basW.
SE SUNDAY, NOVEMBER 6, 2211 I 37SE
MIAMI-DADE COUNTY SERVICES
ARE NOW CLOSER TO YOU!
Commissioner Lynda Bell
Miomi~Dode County
District 8
Visit the new Community Information & Outreach
311 Service Center
South Dade Justice Center
10710 Southwest 211 Street
Cutler Bay, Florida 33189
Weekdays from 9 O.m. to 4 p.m.
Through the efforts of Commissioner Bell, County services
have been restored to the South Dade area,
• Pay Taxes • Transit Passes
• Golden Passports • Auto Tags
• Dog Tags • Baby Stroller Permits
• Make Service Requests • And more!
G"
.:~:: " -',' Fof"mo, re,-inf,Otm,' " a,fion,:."pleas,econ,tadcitml11iSSi~ner,'Bel,I'SOffi(e: .~<'"~ -............... :-:" .• ::":"':,,::::,,:' '",': ',: .. : ..•..... '" .::...... :.,,': ...... ::, ,: .c_:: ",:: .. ~,~. 14707 s~,th O;,;e H;ghwaYS',HelO1' Palmetto 'ay, Florida 33176 , 305,37'.6677
< .... :~. www.miamidade.gov/dislrictOS
,,) ·gH~90H:r£~
ADMISSIONS SHOWCASES
Friday, November 11, 2011 (High SchMI only)
Tuesday, January 10, 2012
Carrollton is a Pre-K through Grade 12 all glrls Catholic college-preparatory school
that admits qualified students of any race, color, religion, nationality or ethnic origin.
Financial aid available.
For information, please call: (305) 446-5673, ext. 1244
3747 Main Highway JYllami, Florida 33133