R-1249 - 03/26/2013 - SPORTS CORE - ResolutionsRESOLUTION 2013- SC- B &T /P- AG -EXI -R -1249
A RESOLUTION APPROVING THE WAIVER OF COMPETITIVE BIDDING AND
AUTHORIZING THE EXECUTION OF AN AGREEMENT BY AND BETWEEN
THE VILLAGE OF OAK BROOK AND JEFF ELLIS MANAGEMENT, LLC TO PROVIDE
MANAGEMENT SERVICES TO THE SPORTS CORE AQUATIC CENTER
WHEREAS, in 2006 the Village of Oak Brook ( "Village") privatized the facility management and
lifeguard services for the Sports Core aquatic facility ( "Management Services"); and
WHEREAS, Jeff Ellis Management, LLC ( "JEM') has provided Management Services to the
Village since 2006; and
WHEREAS, JEM has provided Management Services that have met or exceeded the Village's
expectations; and
WHEREAS, JEM has a reputation as being one of the top Management Services companies in
the industry; and
WHEREAS, the Village and JEM desire to enter into an agreement for JEM to provide the Village
Management Services from May 25, 2013 through September 2, 2013 for an amount not to exceed
$84,996.57 plus reasonable costs of additional insurance ( "Agreement'), which Agreement is attached to
this Resolution as Exhibit A; and
WHEREAS, the Director of the Sports Core recommends that the Village waive competitive
bidding and approve the Agreement for Management Services; and
WHEREAS, the President and Board of Trustees, being fully advised in the premises, have
determined that it is in the best interests of the Village and its residents to so waive competitive bidding
and to approve the Agreement for Management Services;
NOW THEREFORE. BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows:
Section 1: Recitals. The foregoing recitals are hereby incorporated into, and made a part
of, this Resolution as the findings of the President and Board of Trustees of the Village of Oak Brook.
Section 2: Waiver of Competitive Bidding Requirements. The advertising and bidding
requirements for the purchase of Management Services shall be, and they are hereby, waived in
accordance with Section 1 -7-4 of the Village Municipal Code.
Section 3: Approval of Purchase of Management Services. The purchase of Management
Services from JEM in a total amount not to exceed $84, 996.57.00 plus reasonable costs of additional
insurance shall be, and is hereby, approved.
Section 4: Approval of the Agreement. The President and Board of Trustees hereby
approve the Agreement by and between the Village and JEM in substantially the same form as attached
as Exhibit A and in a final form approved by the Village Attorney and Village Manager.
Section 5: Execution of Agreement. The Village President and the Village Clerk shall be,
and are hereby, authorized to execute the final Agreement on behalf of the Village.
Section 6: Effective Date. This Resolution shall be in full force and effect from and after its
passage by two- thirds of the Trustees and its approval in the manner provided by law.
Resolution 2013- SC- B &T /P- AG -EXI -R -1249
Sports Core Agreement with Jeff Ellis Mgmnt.
For Aquatic Center Mgmt.
Page 2 of 3
APPROVED THIS 26th day of March, 2013
Gopal G. Lalmalani
Village President
PASSED THIS 26th day of March, 2013
Ayes: Trustees Aktipis, Manzo, Moy, Wolin, Yusuf, Zannis
None
None
ATTE T:
Charlotte K. Pruss
Village Clerk
EXHIBIT A
#12728204_vl
Jeff Ellis Management, LLC.
Oak Brook Bath & Tennis Club
SERVICES AGREEMENT
#12728031_0
THIS SERVICES AGREEMENT (this "Agreement ") is made and entered into as of
this 1st day of May, 2013, between the Village of Oak Brook, an Illinois Municipal Corporation
(referred to herein as "Owner "), which has a mailing address of 1200 Oak Brook Road, Oak
Brook, Illinois 60523 -4601 and Jeff Ellis Management, LLC. (Referred to herein as
"Vendor "), which has a mailing address of 508 Goldenmoss Loop, Ocoee, Florida 34761 -4783.
WITNESSETH:
WHEREAS, Owner desires to engage Vendor as an independent contractor to perform
the hereinafter- described services and Vendor desires to be so engaged.
NOW, THEREFORE, in consideration of the mutual promises and covenants
hereinafter set forth, the parties hereto agree as follows:
1. SCOPE OF WORK.
(a) Vendor agrees to provide the Services and supply the Deliverables described in
Appendix A, which is attached hereto. The scope of the Services may be
modified only upon the mutual written Agreement of the parties by revising
Appendix A, which shall continue to be governed by the provisions of this
Agreement. Services shall be provided for all aquatic facility locations set forth
in Appendix A.
(b) In the event that additional assignments are agreed upon between Vendor and
Owner, the parties shall execute addendums to this Agreement describing the
additional assignments, including the fees, schedule and deliverables for that
specific assignment.
2. TERM/TERMINATION.
The term of this Agreement shall be May 25, 2013 through September 2, 2013, unless
this Agreement is sooner terminated as provided herein. This Agreement shall remain in effect
until the sooner of (a) the completion by Vendor of all services specified in all Appendices
hereto; or (b) as otherwise provided in the Agreement. Should both parties agree, this
Agreement may be renewed for up to two (2) years.
Owner on thirty days prior written notice may terminate this Agreement. In the event of
any such termination, Vendor shall be paid for all Services that it performed prior to such
termination, including any authorized Services performed during the notice period.
Upon completion of Services or earlier termination of this Agreement, Vendor and/or its
employees and subcontractors shall return to Owner all data, materials and other work product,
other than as defined in paragraph 8, in their then current condition and return to Owner all data
and materials, and any copies of such data and materials in Vendor's possession, supplied to it in
connection with this Agreement.
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3. PAYMENT FOR SERVICES.
(a) Owner agrees to pay Vendor in accordance with the Fees and payment schedule
set forth in Appendix B of this Agreement. Vendor may suspend or permanently
end services to Owner if past due accounts remain unpaid past ten days from the
published written notice of past due accounts. Vendor will assess 1.5% monthly
finance charges on all past due account balances.
(b) Failure by Owner to pay past due accounts owed to Vendor constitutes a breach of
this Agreement and justifies termination by Vendor if balance remains unpaid
exceeding 21 days after written notice is served to Owner.
(c) Owner may, upon notice to Vendor, withhold payments for work not performed in
compliance with this Agreement and/or reasonably question any item(s) reflected
on Vendor's invoice. Pending the settlement or resolution of the issue(s), the
non - payment of these items shall not constitute a default of this Agreement.
Owner shall pay all amounts due that are not in dispute. In the event Owner
withholds any payments from Vendor due to non - acceptance of any work, Owner
shall concurrently provide Vendor with detailed written notice setting forth the
reason(s) for such non - acceptance, and Vendor shall have a reasonable
opportunity to correct such work. Upon such correction, the withheld amounts
shall be promptly paid.
4. INDEPENDENT CONTRACTOR.
(a) Vendor shall perform all Services and provide all Deliverables as defined in
Appendix A attached hereto as an independent contractor, and nothing contained
herein shall be deemed to create any association, partnership, joint venture, or
relationship of principal and agent or master and servant, or employer and
employee between the parties hereto or any affiliates or subsidiaries thereof, or to
provide either party with the right, power or authority, whether express or
implied, to create any such duty or obligation on behalf of the other party.
(b) Vendor also agrees that it and its employees will not to be treated, or seek to be
treated, as employees of Owner for any purpose, including for the purposes of
fringe benefits provided by Owner, or for disability income, social security taxes
and benefits, Federal unemployment compensation taxes, State unemployment
insurance benefits and Federal income tax withholding at sources. Vendor hereby
represents that Vendor has and at all times will maintain timely payments of all
taxes due to the Internal Revenue Service and all other government agencies,
including withholding and all other taxes.
5. COMPLIANCE WITH LAWS.
Vendor agrees to comply with all applicable Federal, state, county and local laws,
ordinances, regulations and codes in the performance of its obligations under this Agreement,
including but not limited to the procurement of permits, licenses and certificates where required
and payment of applicable taxes. Vendor further agrees to hold harmless and indemnify Owner
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and its subsidiaries and affiliates against any loss or damage (including reasonable attorney's
fees) that may be sustained by reason of the failure of Vendor to comply with such laws,
ordinances, regulations and codes provided that Owner promptly notifies Vendor in writing of
the claim and reasonably cooperates with Vendor in defending any such claim.
6. COMPLIANCE WITH OWNER PROCEDURES.
(a) Vendor agrees to comply with Owner's Drug Abuse Policy, which prohibits the
selling, distributing, manufacturing, processing, using or being under the
influence of illegal drugs or illicit narcotics (non prescriptive medication) as
defined by the state in which the business is conducted and/or Federal
Government, while on Owner business or on Owner premises. In the event that
Vendor or any of Vendor's employees or subcontractors violates the
aforementioned policy, said person will be barred from performing any further
Services for Owner and Owner may terminate this Agreement.
(b) Vendor agrees that it will comply with all of Owner's standard physical security
procedures in place at Owner's locations where Vendor is performing work.
(c) In the event this Agreement is terminated pursuant to the provisions of this Article
no further liabilities or obligations shall accrue to Owner, except for any Fees due
and owing for Services and Deliverables performed as of the time of such
termination.
7. INDEMNIFICATION.
(a) Vendor will defend, indemnify and hold Owner harmless from and against any
claim that the Services, Deliverables or the Inventions delivered under this
Agreement or Owner's use thereof infringe a patent, utility model, industrial
design, copyright, trade secret, trademark or other third party intellectual property
right or right of confidentiality in the country where Vendor performs Services,
provided that Owner provided that Owner promptly notifies Vendor in writing of
the claim and reasonably cooperates with Vendor in defending any such claim.
(a) Vendor will pay the cost of such defense and settlement and any costs, attorney's
fees and damages awarded by a court of competent jurisdiction against Owner. If
such a claim is made or appears likely to be made, Vendor may procure the right
for Owner to continue using the Services, Deliverables, or the Inventions, or may
modify, or may replace same. If use of the Services, Deliverables or Inventions is
enjoined, Vendor will modify Services, Deliverables or Inventions and provide
substitute Services, Deliverables or Inventions acceptable to Owner that do not
infringe, or refund Owner for payments made for such Services, Deliverables or
Inventions which are subject to any injunction.
(c) Vendor shall, and does hereby agree to, hold harmless and indemnify the Owner
and all Owner elected or appointed officials, officers, employees, agents,
representatives, engineers, and attorneys, from any and all claims that may be
asserted at any time against any of such parties in connection with the Services
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and Deliverables described in Appendix A attached hereto provided that Owner
promptly notifies Vendor in writing of the claim and reasonably cooperates with
Vendor in defending any such claim; provided, however, the foregoing indemnity
shall not apply to willful misconduct, sole negligence, or gross negligence on the
part of Owner.
8. LIMITATIONS OF LIABILITIES.
OWNER AND VENDOR SHALL HAVE NO LIABILITY FOR ANY CLAIM
RELATING TO THIS AGREEMENT IN EXCESS OF THE TOTAL AMOUNT TO BE PAID
BY OWNER TO VENDOR PURSUANT TO THIS AGREEMENT. THIS ARTICLE 8 SHALL
NOT APPLY TO: (1) VENDOR'S INDEMNIFICATION OBLIGATIONS CONCERNING
THIRD PARTY CLAIMS AGAINST OWNER UNDER ARTICLE 7 OF THIS AGREEMENT;
OR (II) ANY CLAIMS RELATING TO DAMAGE CAUSED TO THE VILLAGE'S
EQUIPMENT, FIXTURES, PERSONAL PROPERTY OR REAL PROPERTY. IN NO EVENT
SHALL OWNER AND VENDOR BE LIABLE TO EACH OTHER FOR INDIRECT,
SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
9. INSURANCE.
Vendor shall obtain and maintain in force, at its own expense, throughout the
performance of its obligations under this Agreement, insurance coverage against claims,
regardless of when asserted, that may arise out of, or result from, Vendor's operations, Vendor's
employees, the operations of Vendor's subcontractors and of any other entity directly or
indirectly engaged by Vendor in connection with the Services and Deliverables as described in
Appendix A. This insurance shall include the following coverage with limits no less than those
set forth below:
Comprehensive General Liability: Combined Single Limit (CSL) including broad form
contractual liability and personal injury endorsements, providing coverage against liability for
bodily injury, death, and property damages in the minimum amount of $5,000,000 CSL.
Workers Compensation and Employer's Liability: Workers Compensation Insurance at
maximum limits statutorily required for each state in which Vendor will operate under the terms
of this Agreement, and Employer's Liability coverage in the minimum amount of $1,000,000.
Comprehensive Automobile Liability: Comprehensive Automobile Liability in the
minimum amount of $1,000,000 CSL per occurrence for bodily injury and property damage
(covering owned and non -owned vehicles).
Fidelity coverage for losses incurred as a result of dishonesty on the part of Vendor's
employees, agents or subcontractors in the amount of $10,000.
The Vendor shall cause the Owner to be named as an additional insured on the insurance
policies required by this Section. At least one week prior to the start of the term if this
Agreement, Vendor shall provide Owner with either (a) a copy of the entire insurance policy, or
(b) a Certificate of Insurance along with a letter from the broker issuing the insurance policy to
the effect that the Certificate accurately reflects the contents of the insurance policies.
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None of the requirements contained herein as to types, limits and approval of insurance
coverage to be maintained by the Vendor are intended to and shall not in any manner limit the
liabilities and obligations assumed by the Vendor under this Agreement. The aforementioned
coverage may be provided in the form of a blanket policy.
10. TAXES.
(a) The fees and charges reflected in Appendix B attached hereto are inclusive of any
sales, use, personal property, value added and goods /services taxes. Owner shall
not be liable for the payment of any such taxes to Vendor.
(b) Owner shall not be responsible for any foreign, federal, state or local taxes based
on Vendor's net income or receipts, or such other taxes based on Vendor doing
business in any particular jurisdiction.
11. REPRESENTATIONS AND WARRANTIES.
(a) Vendor represents and warrants that the Services performed and the Deliverables
delivered pursuant to this Agreement shall be (i) performed or delivered in a
professional manner and in accordance with the standards of professional
practice, care, and diligence practiced by well qualified and experienced vendors
in performing services or delivering deliverables of a similar nature. Vendor
agrees to provide Owner, on request, with information concerning the individuals'
experience, which affirms these qualifications.
(b) Vendor hereby represents and warrants that the Services, the Deliverables, the
Inventions, and any information, material, products, designs, specifications or
instructions provided by Vendor, or the use of any of the foregoing, do not
infringe any patent, utility model, industrial design, copyright, trade secret,
trademark or any other third parry intellectual property right or right of
confidentiality in any country where Vendor performs Services or delivers
Deliverables or Inventions.
(c) The representations and certifications expressed herein shall be in addition to any
other representations and certifications expressed in this Agreement, or expressed
or implied by law, which are hereby reserved unto Owner.
12. PROJECT MANAGEMENT AND REVIEW MEETINGS.
(a) Owner shall assign an Owner employee (the "Project Manager ") to manage the
assignment and oversee the Vendor. The "Project Manager" is responsible for
monitoring the Vendor's work, for review of invoice documentation and shall act
as the agent for the purpose of any notices required or given under this
Agreement. Vendors direct interface with
Owner shall be the assigned Owner Project Manager. The assigned Project
Manager for this Project is:
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Owner Project Manager: Mr. Trey VanDyke
Telephone Number: (630) 990 -3020
Owner Address: 700 Oak Brook Road, Oak Brook, Illinois 60523 -4601
(b) Unless otherwise provided, Vendor shall attend review meetings with Owner
personnel every month during the term of the Agreement to discuss the progress
of the Services and to report on and deliver work completed and in progress
during the preceding two weeks.
13. PUBLICITY.
Both parties agree not to use the name of the other parry or any of its affiliated companies
in any sales or marketing publication or advertisement or make any public disclosure relating to
this Agreement or the other party or any of its affiliated companies, without obtaining the prior
written consent of the other party, except as may be legally required,
14. NON - SOLICITATION.
During and for a period of one year following termination of this Agreement, each party
will not, without prior written consent of the other party, hire or attempt to hire any employee of
the other party or its subsidiaries or affiliates, who were involved in the performance of services
hereunder.
15. NON - DISCRIMINATION.
Vendor agrees to comply and to cause its agent(s) and/or subcontractors to comply with
the provisions of all applicable federal, state, and local laws, regulations and executive orders
relating to equal opportunity and nondiscrimination in employment, and the use of minority
business enterprises, to the extent that any such laws, orders and regulations are applicable in the
performance of their work hereunder. For the purpose of this Agreement, the provisions of such
laws, orders and regulations shall be deemed an integral part of this Agreement to the same
extent as if they were written at length herein.
16. NON - SUBORNATION.
Each Party agrees that in performance of its obligations under this Agreement, it will not
make or offer to make any payments to, or confer, or offer to confer any benefit upon any
employee, agent or fiduciary of any third party, with the intent to influence the conduct of such
employee, agent or fiduciary in relation to the business of such third party, in connection with
this Agreement.
17. WORK POLICY.
(a) Vendor agrees to observe the working hours, work rules, building security
measures and holiday schedule of Owner when on Owner premises, which will be
provided to Vendor upon request; provided, however, that adherence to such
working hours and schedules shall not constitute justification for non-
accomplishment of agreed upon schedules and deadlines.
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(b) Vendor further agrees to meet Owner's assignment deadlines and documentation
standards, as applicable. Unless otherwise agreed upon, Vendor shall meet with
Owner personnel to discuss and review the progress of the current assignment on
a regular basis.
18. GENERAL PROVISIONS.
(a) Paragraph Headings. Paragraph headings are for convenience only and shall not
be a part of the Terms and Conditions of this Agreement.
(b) Waiver. Failure by either party at any time to enforce any obligation by the other
parry, to claim a breach of any term of this Agreement or to exercise any power
agreed to hereunder will not be construed as a waiver of any right, power or
obligation under this Agreement, will not affect any subsequent breach, and will
not prejudice either party as regards any subsequent action.
(c) Severability. If any term or provision of this Agreement should be declared
invalid by a court of competent jurisdiction, the remaining terms and provisions
of this Agreement shall remain unimpaired and in full force and effect.
(d) Subcontractors. Vendor shall not use subcontractors to provide the Services or
the Deliverables without the prior written consent of Owner, which consent may
be withheld by Owner in its sole discretion. Approval of any subcontractor by
Owner shall not constitute the superseding or waiver of any right of Owner to
reject work, which is not in conformance with its standards or this Agreement.
Vendor shall be fully responsible for its subcontractors. Nothing in this
Agreement shall be construed to create any contractual relationship between
Owner and any subcontractor, nor any obligation on the part of Owner to pay or
to see to the payment of any money due any subcontractor as may otherwise be
required by law.
(e) Record Retention. Vendor agrees to maintain complete and accurate accounting
records in accordance with sound accounting practices to substantiate Vendor's
charges hereunder. Vendor shall preserve such records for a period of not less
than three years after completion of the pertinent Services. Owner shall have
access to such records for purposes of audit through an accounting firm selected
and paid by Owner. Any such review of Vendor's records shall be conducted
upon not less than seven (7) calendar days prior written notice at a place where
Vendor's records are customarily maintained at reasonable times during normal
business hours.
(f) Assignment. Neither party may assign any rights or obligations under this
Agreement without the prior written consent of the other; provided, however, that
Owner may assign any rights or obligations to a subsidiary or affiliate or to any
third parry assuming all or part of the business function of the Owner unit which
will receive the Services and Deliverables provided hereunder upon notice to
Vendor.
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(g) Modification. No modification, waiver or amendment of any term or conditions
of this Agreement shall be effective unless and until it shall be reduced to writing
and signed by both of the parties hereto or their legal representatives.
(h) Governing Law. This Agreement shall be governed by and construed and
enforced in accordance with the substantive laws of the State of Illinois as if the
Agreement were made in Illinois for performance entirely within the State of
Illinois. All judicial actions relating to any interpretation, enforcement, dispute
resolution or any other aspect of this Agreement shall be brought in the Circuit
Court of the State of Illinois, DuPage County, Illinois. Any matter brought
pursuant to the jurisdiction of the federal courts shall be brought in the United
States District Court of the Northern District of Illinois.
(i) Complete Agreement. This Agreement together with Appendix A, Appendix B
and Appendix C constitutes the entire Agreement of the parties with respect to its
subject matter and may not be modified in any way except by written Agreement
signed by both parties. There are no other Agreements either express of implied
with regard to this subject matter.
19. PROPRIETARY INFORMATION.
All Services and Deliverables provided to the Owner, as set forth in this Agreement by
Vendor shall remain the property and/or intellectual property of the Vendor. Owner agrees to
treat all proprietary information provided by Vendor as confidential and shall refrain from using
or sharing with other parties unless it receives written permission from Vendor or if disclosure is
required by law or compelled by court order.
[SIGNATURE PAGE FOLLOWS]
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IN WITNESS WHEREOF, the parties hereto, through their duly authorized officers, have
executed this Agreement as of the day and year first set forth below.
Vendor: Jeff Ellis Management, LLC.
By:AUL Cw -
Print Name: Elaine Cinelli
Title: VP - Business/Finance
Date: 12-01-`>
Owner: Oak Brook Bath and Tennis Club
By
Pri
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Da
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IN
Scope
APPENDIX A
SERVICES AND DELIVERABLES
1. Vendor agrees to provide Services and Deliverables to operate the aquatic
facilities owned by the Owner at the following location(s) ( "Aquatic Facilities "):
700 Oak Brook Road, Oak Brook, Illinois 60523 -4601
Vendor accepts the Aquatic Facilities listed herein in its "AS -IS WITH ALL
FAULTS" condition. Vendor acknowledges and agrees that the Village has made
no representations or warranties as to the suitability of the Aquatic Facilities for
any purpose whatsoever.
2. Vendor will perform the following professional aquatic facility management
services for the Owner's aquatic facilities identified above:
a. Vendor shall employ, train, assign, schedule, and supervise
employees to safely operate said aquatic facility or facilities
pursuant to the guidelines set forth in the "Comprehensive Aquatic
Risk Management Program" manual that is published by Jeff Ellis
& Associates, Inc. for the term of this Agreement.
b. Vendor will administer, supervise and otherwise manage the daily
operations of said aquatic facility or facilities for the term of this
Agreement.
c. Vendor will provide general cleaning, sanitation, organization, and
maintenance of the front gate and/or admissions area, locker
rooms, lavatories, showers, pool decks, water attractions, spas,
swimming pools, filtration rooms, pumps and other aquatic facility
equipment for said aquatic facility or facilities for the term of this
Agreement.
d. Vendor will sanitize, vacuum, operate filtration equipment and
otherwise maintain water quality for all aquatic facility or facilities
spas and swimming pools identified in this Appendix A.
e. Vendor will administer, schedule and conduct swimming lessons,
and provide other aquatic educational/recreational programs for
said aquatic facility or facilities for the term of this Agreement as
specifically requested by Owner.
f. Vendor shall perform the following pre - opening tasks to prepare
for daily operation of said aquatic facility or facilities:
Appendix A -1
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i. Organize, sanitize, make ready and otherwise
prepare the front gate and/or admissions area for a
timely opening according to the published aquatic
facility- operating schedule mutually agreed upon by
Vendor and Owner.
ii. Organize, sanitize, make ready and otherwise
prepare the locker rooms, lavatories, and showers
for daily operation.
iii. Organize, sanitize, make ready and otherwise
prepare pool decks, furniture, water attractions,
spas, and swimming pools for daily operation.
iv. Operate and maintain swimming pool filtration
equipment to achieve optimal water quality.
V. Distribute, ready and position emergency rescue
equipment for use.
g. Vendor shall perform the following daily operational services for
said aquatic facility or facilities:
i. Assign and schedule the aquatic facility manager
and/or supervisor to provide management oversight
for daily operation.
ii. Assign and schedule the lifeguards and/or
attendants to provide general supervision for daily
operations.
iii. Maintain general cleanliness of the aquatic facility
premises during daily operation.
h. Vendor shall perform the following closing tasks at the end of
daily operation for said aquatic facility or facilities:
i. Collect and remove trash from all facility trash
receptacles.
ii. Collect and store emergency rescue equipment for
future use on a daily basis.
iii. Organize, sanitize, make ready and otherwise
prepare the front gate and/or admissions area for a
timely opening according to the published aquatic
facility- operating schedule.
Appendix A -2
Term
iv. Organize, sanitize, make ready and otherwise
prepare the locker rooms, lavatories, and showers
for daily operation.
V. Organize, sanitize, make ready and otherwise
prepare pool decks, furniture, water attractions,
spas, and swimming pools for daily operation.
vi. Operate and maintain swimming pool filtration
equipment to achieve optimal water quality.
3. Vendor will provide, maintain and operate the following emergency rescue
equipment for said aquatic facility or facilities:
a. Automatic External Deliberator
b. Supplemental Oxygen Support Unit
C. Bag Valve Mask
d. Oral Suction Device
e. Seal Easy Mask(s)
f. Rescue Tube(s)
g. Life Jacket(s)
h. Spinal Management and Extrication Board
4. Vendor develop and Emergency Action Plan pursuant to the guidelines set forth
in the "Comprehensive Aquatic Risk Management Program" manual published by
Jeff Ellis & Associates, Inc. for said aquatic facility or facilities.
The term of this Agreement shall be May 25, 2013 through September 2, 2013.
Operating Schedule
1 Vendor shall operate said aquatic facility or facilities according to the terms set
forth in the operating schedule submitted and mutually agreed upon by the
Vendor and Owner as described in Appendix C.
3. Vendor reserves the right to temporarily close said aquatic facility or facilities for
sanitation or biohazard incidents, weather or chemical emergencies, when
ambient air temperatures fall below sixty -seven degrees Fahrenheit (67 degrees
F), or when safety of guests is compromised. Vendor agrees to notify Owner
when temporarily facility closings occur and provide an explanation for said
closing. Vender agrees to re -open said aquatic facility or facilities when said
hazard is rectified or eliminated. Vendor further agrees to rectify and eliminate
any said hazard as soon as reasonably possible.
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Appendix A -3