R-2002 - 02/08/2022 - AGREEMENTS - Resolutions Exhibits S'br�lF l'J- I
d REVIEW OF CONTRACTS
Awardin A ency: of Contract:
Depa nt: Program/Account Number:
Aarded Contract Price: udgetd Amours
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Under $20,000 0 $500,001 - $1,000,000
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$20,000 - $500,000 Over $1,000,000
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Three (3) Originals signed by other party Date/Initial
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Village of Oak Brook I Approved by Board of Trustees- Date/Initials:
VILLAGE OF OAK BROOK
PROFESSIONAL SERVICES AGREEMENT FOR POOL MANAGEMENT SERVICES
THIS AGREEMENT is dated as of the 11lf�day of 4" V,-`L , 2022 ("Agreement's
and is by and between the VILLAGE OF OAK BROOK, an Illino municipal corporation
("Village'l and the Consultant identified in Subsection 1A below.
IN CONSIDERATION OF the recitals and the mutual covenants and agreements set forth
in the Agreement, and pursuant to the Village's statutory powers, the parties agree as follows:
SECTION 1. CONSULTANT.
A. Engagement of Consultant. The Village desires to engage the Consultant
identified below to perform to provide all necessary professional services to perform the work in
connection with the project identified in this Agreement:
Chicagoland Pool Management, Inc. ("Consultant")
1612 Ogden Avenue, Suite 201
Lisle, Illinois 60532
Telephone: (630) 689-9999
Attn: Kurtis Bailey, General Manager
Email: kurtis baileygchicagoland-pmg.com
B. Project Description. The performance of professional services related to the
management of the Village's aquatic center located at 700 Oak Brook Road, Oak Brook, Illinois
("Aquatic Center', including, but not limited to, pool opening, staffing, pool cleaning, pool
repair, winterization, de-winterization and season-end closing of the Aquatic Center (collectively,
"Services', which Services are more fully described in in Request for Proposals dated
December 2021 (Exhibit A), and the proposal submitted by Consultant (Exhibit B),
attached hereto and incorporate herein.
C. Representations of Consultant. The Consultant will perform the Services. The
Consultant represents that it is financially solvent, has the necessary financial resources, and is
sufficiently experienced and competent to perform and complete the Services in a manner
consistent with the standards of professional practice by recognized firms providing services of a
similar nature during the Time of Performance.
D. Agreement Amount. The total amount billed by the Consultant for the Services
under this Agreement shall be $163,807.00 for 2022 for Aquatic Management Services provided
for in Exhibits attached to and made a part of this Agreement as Exhibits A and B. Such Exhibits
need not be signed but are attached are part of this Agreement. The cost of items listed in
Exhibit B, Section 13, (c) titled "Chemicals and Supplies" are not included in the above and will
be billed separately. The agreement amount include reimbursable expenses, unless this
Agreement is amended pursuant to Subsection 9A of this Agreement ("Agreement Amount'.
SECTION 2. SCOPE OF SERVICES.
A. Retention of the Consultant. The Village retains the Consultant as an
independent contractor to perform, and the Consultant agrees to perform, the Services.
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B. Services. The Consultant shall provide the Services pursuant to the terms and
conditions of this Agreement.
C. Commencement: Time of Performance. The Consultant shall commence the
Services on April 1, 2022. ("Commencement Date'. The Consultant shall diligently and
continuously prosecute the Services until their completion, but in no event after October 31, 2022
("Time of Performance'.
D. Reporting. The Consultant shall regularly report to the Public Works Director, or
his designee, regarding the progress of the Services during the term of this Agreement.
E. Pool Opening Delay. If there is a delay in opening the pool by May 28, 2022, due
to causes outside of the Village's or Consultant's control, pro-rata payments to the Consultant shall
begin when the Consultant can begin the pool opening process.
SECTION 3. COMPENSATION AND METHOD OF PAYMENT.
A. Agreement Amount. The total amount billed for the Services during the term of
this Agreement shall not exceed the amount identified as the Agreement Amount in Subsection
1 D of this Agreement and in the manner shown in Exhibit B, without the prior express written
authorization of the Village.
B. Invoices and Payment. The Consultant shall submit invoices to the Village in an
approved format for those portions of the Services performed and completed by the Consultant
and accepted by the Village.
C. Claim In Addition To Agreement Amount. If the Consultant wishes to make a
claim for compensation for the Services in addition to the Agreement Amount as a result of action
taken by the Village, the Consultant shall provide written notice to the Village of such claim within
7 days after occurrence of such action as provided by Subsection 9D of this Agreement, and no
claim for such additional compensation shall be valid unless made in accordance with this
Subsection. Any changes in the Agreement Amount shall be valid only upon written amendment
pursuant to Subsection 9A of this Agreement. Regardless of the decision of the Village relative to
a claim submitted by the Consultant, the Consultant shall continue to perform and complete the
Services under this Agreement as determined by the Village without interruption or delay.
D. Taxes, Benefits and Royalties. The Agreement Amount includes all applicable
federal, state, and local taxes of every kind and nature applicable to the Services as well as all
taxes, contributions, and premiums for unemployment insurance, old age or retirement benefits,
pensions, annuities, or similar benefits and all costs, royalties and fees arising from the use on, or
the incorporation into, the Services, of patented or copyrighted equipment, materials, supplies,
tools, appliances, devices, processes, or inventions. Any claim or right to claim additional
compensation by reason of the payment of any such tax, contribution, premium, costs, royalties,
or fees is hereby waived and released by Consultant.
E. Final Acceptance. The Services, or, if the Services are to be performed in
separate phases, each phase of the Services, shall be considered complete on the date of final
written acceptance by the Village of the Services or each phase of the Services, as the case may
be, which acceptance shall not be unreasonably withheld or delayed.
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SECTION 4. PERSONNEL; SUBCONTRACTORS.
A. Key Prosect Personnel. Kurtis Bailey, General Manager, shall serve Key Project
Personnel and shall be primarily responsible for carrying out the Services on behalf of the
Consultant. The Key Project Personnel shall not be changed without the Village's prior written
approval.
B. Availability of Personnel. The Consultant shall provide all personnel necessary
to complete the Services including, without limitation, any Key Project Personnel identified in this
Agreement. The Consultant shall notify the Village as soon as practicable prior to terminating the
employment of, reassigning, or receiving notice of the resignation of, any Key Project Personnel.
The Consultant shall have no claim for damages and shall not bill the Village for additional time
and materials charges as the result of any portion of the Services which must be duplicated or
redone due to such termination or for any delay or extension of the Time of Performance as a
result of any such termination, reassigning, or resignation.
C. Approval and Use of Subcontractors. The Consultant shall perform the Services
with its own personnel and under the management, supervision, and control of its own organization
unless otherwise approved by the Village in writing. All subcontractors and subcontracts used by
the Consultant shall be acceptable to, and approved in advance by, the Village. The Village's
approval of any subcontractor or subcontract shall not relieve the Consultant of full responsibility
and liability for the provision, performance, and completion of the Services as required by the
Agreement. All Services performed under any subcontract shall be subject to all of the provisions
of this Agreement in the same manner as if performed by employees of the Consultant. For
purposes of this Agreement, the term "Consultant" shall be deemed also to refer to all
subcontractors of the Consultant, and every subcontract shall include a provision binding the
subcontractor to all provisions of this Agreement.
D. Removal of Personnel and Subcontractors. If any personnel or subcontractor
fails to perform the Services in a manner satisfactory to the Village, the Consultant shall
immediately upon notice from the Village remove and replace such personnel or subcontractor.
The Consultant shall have no claim for damages, for compensation in excess of the amount
contained in this Agreement or for a delay or extension of the Time of Performance as a result of
any such removal or replacement.
E. Background Check. Consultant shall obtain a consumer report (as that term is
defined in the Fair Credit Reporting Act) for each of Consultant's personnel assigned to provide
the Services on Village property. The consumer report required in this paragraph shall consist of,
at a minimum, a criminal conviction history for at least the seven year period prior to the date of
this Agreement. The criminal conviction history shall consist of, at a minimum, a search of the
National Sex Offender Public Registry; the sex offender registries for Illinois, Indiana, Iowa and
Wisconsin; criminal conviction searches for the states of Illinois, Indiana, Iowa and Wisconsin; and
criminal conviction searches for the Illinois counties of DuPage, Cook, Lake, Kane and Will.
Consultant shall be solely responsible for (i) making all employment decisions based on the
consumer reports it receives; (ii) complying with all applicable laws (including, without limitation,
the Fair Credit Reporting Act); and (iii) the costs of obtaining the consumer reports.
Notwithstanding the foregoing, Consultant shall not permit any individuals to render the Services
on Village property whom are objectively unfit to work in the proximity of individuals younger than
eighteen years old. Consultant shall tender to the Village the consumer report of each of
Consultant's personnel assigned to provide the Services on Village property at least two business
days prior to the individual commencing his/her provision of the Services, and, thereafter, within
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two business days of being requested by the Village. Consultant shall maintain and retain all
consumer reports obtained pursuant to this paragraph throughout the term of this Agreement and
for the two year period following the end of the term of this Agreement. The Village shall reimburse
Consultant for the costs of conducting the background checks required by this subsection provided
that in no event shall the cost of the total reimbursement exceed $1,000.00.
SECTION 5. CONFIDENTIAL INFORMATION.
A. Confidential Information. The term "Confidential Information" shall mean
information in the possession or under the control of the Village relating to: the technical, business
or corporate affairs of the Village; Village property; user information, including, without limitation,
any information pertaining to usage of the Village's computer system, including and without
limitation, any information obtained from server logs or other records of electronic or machine
readable form; and the existence of, and terms and conditions of, this Agreement. Confidential
Information shall not include information that can be demonstrated: (i) to have been rightfully in
the possession of the Consultant from a source other than the Village prior to the time of disclosure
of said information to the Consultant under this Agreement ("Time of Disclosure'); (ii) to have
been in the public domain prior to the Time of Disclosure; (iii) to have become part of the public
domain after the Time of Disclosure by a publication or by any other means except an unauthorized
act or omission or breach of this Agreement on the part of the Consultant or the Village; or (iv) to
have been supplied to the Consultant after the Time of Disclosure without restriction by a third
party who is under no obligation to the Village to maintain such information in confidence.
B. No Disclosure of Confidential Information by the Consultant. The Consultant
acknowledges that it may, in performing the Services for the Village under this Agreement, have
access to or be directly or indirectly exposed to Confidential Information. The Consultant shall
hold confidential all Confidential Information and shall not disclose or use such Confidential
Information without express prior written consent of the Village. The Consultant shall use
reasonable measures at least as strict as those the Consultant uses to protect its own confidential
information. Such measures shall include, without limitation, requiring employees and
subcontractors of the Consultant to execute a non-disclosure agreement before obtaining access
to Confidential Information.
SECTION 6. WARRANTY; INDEMNIFICATION; INSURANCE.
A. Warranty of Services. The Consultant warrants that the Services shall be
performed in accordance with the highest standards of professional practice, care, and diligence
practiced by recognized consulting firms in performing services of a similar nature in existence at
the Time of Performance. The warranty expressed shall be in addition to any other warranties
expressed in this Agreement, or expressed or implied by law, which are hereby reserved unto the
Village.
B. Indemnification. The Consultant shall, without regard to the availability or
unavailability of any insurance, either of the Village or the Consultant, indemnify, save harmless,
and defend the Village, and its officials, employees, agents, and attorneys against any and all
lawsuits, claims, demands, damages, liabilities, losses, and expenses, including attorneys' fees
and administrative expenses, that arise, or may be alleged to have arisen, out of or in connection
with, the Consultant's performance of, or failure to perform, the Services or any part thereof,
whether or not due or claimed to be due in whole or in part to the active, passive, or concurrent
negligence or fault of the Consultant, except to the extent caused by the sole negligence of the
Village.
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C. Insurance. Contemporaneous with the Consultant's execution of this Agreement,
the Consultant shall provide certificates and policies of insurance, all with coverages and limits
acceptable to the Village, and evidencing at least the minimum insurance coverages and limits as
set forth in Exhibit C attached hereto and incorporated herein. For good cause shown, the Village
Manager may extend the time for submission of the required policies of insurance upon such terms,
and with such assurances of complete and prompt performance, as the Village Manager may
impose in the exercise of his sole discretion. Such certificates and policies shall be in a form
acceptable to the Village and from companies with a general rating of A minus, and a financial size
category of Class X or better, in Best's Insurance Guide. Such insurance policies shall provide
that no change, modification in, or cancellation of, any insurance shall become effective until the
expiration of 30 days after written notice thereof shall have been given by the insurance company
to the Village. The Consultant shall, at all times during the term of this Agreement, maintain and
keep in force, at the Consultant's expense, the insurance coverages provided above, including,
without limitation, at all times while correcting any failure to meet the warranty requirements of
Subsection 6A, Warranty of Services, of this Agreement. The Village of Oak Brook must be listed
and certificate holder and as additional insured with respects to general liability. Also, an additional
insured endorsement form must be submitted with the Certificate of Insurance.
D. No Personal Liability. No elected or appointed official or employee of the Village
shall be personally liable, in law or in contract, to the Consultant as the result of the execution of
this Agreement.
SECTION 7. RESPONSIBILITIES OF THE VILLAGE.
A. Lighting, Heating, Power, Water. The Village shall furnish, at its expense, all
lighting, heating, power, hot and cold water, local telephone services, pest control, trash and
garbage disposal to the Aquatic Center. The Village is responsible for having all utilities turned on
and removing trash from curbside.
B. Keys. The Village shall provide to Consultant six sets of keys to the Aquatic Center
and all locations in the Aquatic Center during the term if this Agreement. Consultant shall take all
steps necessary to insure that the Village's keys are not used for any purpose other than for
providing Services, copied, or provided to someone other than a manager of Consultant.
Consultant shall, without regard to the availability or unavailability of any insurance, either of the
Village or the Consultant, indemnify, save harmless, and defend the Village, and its officials,
employees, agents, and attorneys against any and all lawsuits, claims, demands, damages,
liabilities, losses, and expenses, including attorneys' fees and administrative expenses, that arise,
or may be alleged to have arisen, out of or in connection with, the Village's provision of keys to
Consultant pursuant to this Section 7.13, whether or not due or claimed to be due in whole or in
part to the active, passive, or concurrent negligence or fault of the Consultant, except to the extent
caused by the sole negligence of the Village.
C. Pool Rules. The Village shall display pool rules that apply to those who use the
Aquatic Center. The Village has the sole right to adopt pool rules, which rules the Village may
change at any time at its sole discretion. The Village shall include the following rule in its pool
rules:
"FOR PURPOSE OF SUPPORTING NON-SWIMMERS: INNER
TUBES,WATER WINGS, AND ALL OTHER FLOTATION DEVICES
ARE NOT PERMITTED AT ANY TIME. FOR SAFETY PURPOSES,
ONLY A LIFE VEST APPROVED BY THE UNITED STATES
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COAST GUARD IS TO BE USED. IF A NON-SWIMMER UNDER
THE AGE OF 18 USES SUCH LIFE VEST, A PARENT OR
GUARDIAN MUST MAINTAIN DIRECT SUPERVISORY CONTACT
WITH THE NON-SWIMMER AT ALL TIMES."
SECTION 8. CONSULTANT AGREEMENT GENERAL PROVISIONS.
A. Relationship of the Parties. The Consultant shall act as an independent
contractor in providing and performing the Services. Nothing in, nor done pursuant to, this
Agreement shall be construed (i) to create the relationship of principal and agent, employer and
employee, partners, or joint venturers between the Village and Consultant; or (ii) to create any
relationship between the Village and any subcontractor of the Consultant.
B. Conflict of Interest. The Consultant represents and certifies that, to the best of its
knowledge, (i) no Village employee or agent is interested in the business of the Consultant or this
Agreement; (ii) as of the date of this Agreement neither the Consultant nor any person employed
or associated with the Consultant has any interest that would conflict in any manner or degree with
the performance of the obligations under this Agreement; and (iii) neither the Consultant nor any
person employed by or associated with the Consultant will at any time during the term of this
Agreement obtain or acquire any interest that would conflict in any manner or degree with the
performance of the obligations under this Agreement.
C. No Collusion. The Consultant represents and certifies that the Consultant is not
barred from contracting with a unit of state or local government as a result of (i) a delinquency in
the payment of any tax administered by the Illinois Department of Revenue unless the Consultant
is contesting, in accordance with the procedures established by the appropriate revenue act, its
liability for the tax or the amount of the tax, as set forth in Section 11-42.1-1 et seq. of the Illinois
Municipal Code, 65 ILCS 5/11-42.1-1 et seq.; or (ii) a violation of either Section 33E-3 or Section
33E-4 of Article 33E of the Criminal Code of 1961, 720 ILCS 5/33E-1 et seq. The Consultant
represents that the only persons, firms, or corporations interested in this Agreement, as principals
are those disclosed to the Village prior to the execution of this Agreement, and that this Agreement
is made without collusion with any other person, firm, or corporation. If at any time it is found that
the Consultant has, in procuring this Agreement, colluded with any other person, firm, or
corporation, then the Consultant shall be liable to the Village for all loss or damage that the Village
may suffer, and this Agreement will, at the Village's option, be null and void.
D. Sexual Harassment Policy. The Consultant certifies that is has a written sexual
harassment policy in full compliance with Section 2-105(A)(4)of the Illinois Human Rights Act, 775
ILCS 5/2-105(A)(4).
E. Term. The Time of Performance of this Agreement, unless terminated pursuant to
the terms of this Agreement, shall expire on the date the Village Manager determines that all of
the Services under this Agreement, including warranty services, are completed. A determination
of completion shall not constitute a waiver of any rights or claims, which the Village may have or
thereafter acquire with respect to any breach hereof by the Consultant or any right of
indemnification of the Village by the Consultant.
F. Contract Extension. At the conclusion of the 2022 pool season, the Village of Oak
Brook reserves the right to award an annual contract extension for each following years, not to
exceed 4 years (2023, 2024, 2025, and 2026), to the current consultant. Determination will be
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made annually solely by the Village of Oak Brook with the concurrence of the consultant and will
be determined no later than 20 weeks following the pool season.
G. Compliance with Laws and Grants. Consultant shall give all notices, pay all fees,
and take all other action that may be necessary to ensure that the Services are provided,
performed, and completed in accordance with all required governmental permits, licenses, or other
approvals and authorizations that may be required in connection with providing, performing, and
completing the Services, and with all applicable statutes, ordinances, rules, and regulations,
including without limitation: the Fair Labor Standards Act; any statutes regarding qualification to
do business; any statutes prohibiting discrimination because of, or requiring affirmative action
based on, race, creed, color, national origin, age, sex, or other prohibited classification, including,
without limitation, the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101 et seq., and the
Illinois Human Rights Act, 775 ILCS 5/1-101 et seq. Consultant shall also comply with all
conditions of any federal, state, or local grant received by Owner or Consultant with respect to this
Contract or the Services. Consultant shall be solely liable for any fines or civil penalties that are
imposed by any governmental or quasi-governmental agency or body that may arise, or be alleged
to have arisen, out of or in connection with Consultant's, or its subcontractors', performance of, or
failure to perform, the Services or any part thereof. Every provision of law required by law to be
inserted into this Contract shall be deemed to be inserted herein.
H. Default. If it should appear at any time that the Consultant has failed or refused to
prosecute, or has delayed in the prosecution of, the Services with diligence at a rate that assures
completion of the Services in full compliance with the requirements of this Agreement, or has
otherwise failed, refused, or delayed to perform or satisfy the Services or any other requirement of
this Agreement ("Event of Default'j, and fails to cure any such Event of Default within ten
business days after the Consultant's receipt of written notice of such Event of Default from the
Village, then the Village shall have the right, without prejudice to any other remedies provided by
law or equity, to pursue any one or more of the following remedies:
1. Cure by Consultant. The Village may require the Consultant, within a
reasonable time, to complete or correct all or any part of the Services that are the subject
of the Event of Default; and to take any or all other action necessary to bring the Consultant
and the Services into compliance with this Agreement.
2. Termination of Agreement by Village. The Village may terminate this
Agreement without liability for further payment of amounts due or to become due under this
Agreement.
3. Withholding of Payment by Village. The Village may withhold from any
payment, whether or not previously approved, or may recover from the Consultant, any and
all costs, including attorneys' fees and administrative expenses, incurred by the Village as
the result of any Event of Default by the Consultant or as a result of actions taken by the
Village in response to any Event of Default by the Consultant.
I. No Additional Obligation. The Parties acknowledge and agree that the Village is
under no obligation under this Agreement or otherwise to negotiate or enter into any other or
additional contracts or agreements with the Consultant or with any vendor solicited or
recommended by the Consultant.
J. Village Manager Authority. Notwithstanding any provision of this Agreement, any
negotiations or agreements with, or representations by the Consultant to vendors shall be subject
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to the approval of the Village Manager. The Village shall not be liable to any vendor or other third
party for any agreements made by the Consultant, purportedly on behalf of the Village, without the
knowledge and approval of the Village Manager.
K. Mutual Cooperation. The Village agrees to cooperate with the Consultant in the
performance of the Services, including meeting with the Consultant and providing the Consultant
with such non-confidential information that the Village may have that may be relevant and helpful
to the Consultant's performance of the Services. The Consultant agrees to cooperate with the
Village in the performance of the Services to complete the Work and with any other consultants
engaged by the Village.
L. News Releases. The Consultant shall not issue any news releases or other public
statements regarding the Services without prior approval from the Village Manager.
M. Ownership. Designs, drawings, plans, specifications, photos, reports, information,
observations, calculations, notes, and any other documents, data, or information, in any form,
prepared, collected, or received by the Consultant in connection with any or all of the Services to
be performed under this Agreement("Documents'l shall be and remain the exclusive property of
the Village. At the Village's request, or upon termination of this Agreement, the Consultant shall
cause the Documents to be promptly delivered to the Village.
SECTION 9. GENERAL PROVISIONS.
A. Amendment. No amendment or modification to this Agreement shall be effective
unless and until such amendment or modification is in writing, properly approved in accordance
with applicable procedures, and executed.
B. Assignment. This Agreement may not be assigned by the Village or by the
Consultant without the prior written consent of the other party.
C. Binding Effect. The terms of this Agreement shall bind and inure to the benefit of
the Parties hereto and their agents, successors, and assigns.
D. Notice. Any notice or communication required or permitted to be given under this
Agreement shall be in writing and shall be delivered (i) personally, (ii) by a reputable overnight
courier, (iii) by certified mail, return receipt requested, and deposited in the U.S. Mail, postage
prepaid, (iv) by facsimile, or (v) by electronic internet mail ("e-mail"). Facsimile notices shall be
deemed valid only to the extent that they are (a) actually received by the individual to whom
addressed and (b)followed by delivery of actual notice in the manner described in either(i), (ii), or
(iii) above within three business days thereafter at the appropriate address set forth below. E-mail
notices shall be deemed valid and received by the addressee thereof when delivered by e-mail
and (a) opened by the recipient on a business day at the address set forth below, and (b)followed
by delivery of actual notice in the manner described in either (i), (ii) or (iii) above within three
business days thereafter at the appropriate address set forth below. Unless otherwise expressly
provided in this Agreement, notices shall be deemed received upon the earlier of(a)actual receipt;
(b) one business day after deposit with an overnight courier as evidenced by a receipt of deposit;
or(c)three business days following deposit in the U.S. mail, as evidenced by a return receipt. By
notice complying with the requirements of this Subsection, each party shall have the right to
change the address or the addressee, or both, for all future notices and communications to such
party, but no notice of a change of addressee or address shall be effective until actually received.
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Notices and communications to the Village shall be addressed to, and delivered at, the following
address:
Village of Oak Brook
1200 Oak Brook Road
Oak Brook, Illinois 60523
Attention: Rick Valent, Public Works Director
Email: rvalent(a)_oak-brook.org
Notices and communications to the Consultant shall be addressed to, and delivered at, the
following address:
Chicagoland Pool Management, Inc. ("Consultant")
1612 Ogden Avenue, Suite 201
Lisle, Illinois 60532
Telephone: (630) 689-9999
Attn: Kurtis Bailey, General Manager
Email: kurtis.baileykchica olg and-pmg com
E. Third Party Beneficiary. No claim as a third party beneficiary under this
Agreement by any person, firm, or corporation other than the Consultant shall be made or be valid
against the Village.
F. Provisions Severable. If any term, covenant, condition, or provision of this
Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the
remainder of the provisions shall remain in full force and effect and shall in no way be affected,
impaired or invalidated.
G. Time. Time is of the essence in the performance of this Agreement.
H. Governing Laws. This Agreement shall be interpreted according to the internal
laws, but not the conflict of laws rules, of the State of Illinois and venue shall be in a court in Illinois.
I. Entire Agreement. This Agreement constitutes the entire agreement between the
parties and supersedes any and all previous or contemporaneous oral or written agreements and
negotiations between the Village and the Consultant with respect to the Proposal and the Services.
J. Waiver. No waiver of any provision of this Agreement shall be deemed to or
constitute a waiver of any other provision of this Agreement (whether or not similar) nor shall any
such waiver be deemed to or constitute a continuing waiver unless otherwise expressly provided
in this Agreement.
K. Exhibits. Exhibits A through C are attached hereto and, by this reference,
incorporated in and made a part of this Agreement. In the event of a conflict between any Exhibit
and the text of this Agreement, the text of this Agreement shall control.
L. Rights Cumulative. Unless expressly provided to the contrary in this Agreement,
each and every one of the rights, remedies, and benefits provided by this Agreement shall be
cumulative and shall not be exclusive of any other such rights, remedies, and benefits allowed by
law.
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i
M. Counterpart Execution. This Agreement may be a ecuted in several
counterparts, each of which, when executed, shall be deemed to be an orig nal, but all of which
together shall constitute one and the same instrument.
ATTEST: VILLAGE OF OAK BROO
By: By:
Vi age Clerk Village Manager
ATTEST: CHICAGOLAND POOJMNAGEMENT, INC.
By:
Title: ��t, �4�`�y��Gf Its:
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EXHIBIT A
VILLAGE ISSUED REQUEST FOR PROPOSALS DATED DECEMBER 2021
VILLAGE OF OAK BROOK
Purchasing Division
1200 Oak Brook Road
Oak Brook, IL 60523
(630) 368-5164
REQUEST FOR PROPOSAL
Oak Brook Bath & Tennis Club Aquatic Management Services
December 2021
TABLE OF CONTENTS
SECTION 1. REQUEST FOR PROPOSALS................................................................................................1
A. NOTICE-POSTED ON VILLAGE WEBSITE DECEMBER 16, 2021..............................................................1
B. PROJECT DESCRIPTION.......................................................................................................................2
C. GENERAL TERMS AND CONDITIONS .....................................................................................................7
SECTION 2. PROPOSAL INSTRUCTIONS...............................................................................................15
A. GENERAL INFORMATION....................................................................................................................15
B. DOCUMENTS/INFORMATION TO BE SUBMITTED:...................................................................................15
C. PROPOSAL FORM..............................................................................................................................16
D. REFERENCES ...................................................................................................................................18
E. PROPOSALS CERTIFICATION..............................................................................................................21
F. SEXUAL HARASSMENT POLICY ..........................................................................................................23
SECTION3. REVIEW PROCESS..............................................................................................................24
A. EVALUATION OF PROPOSALS AND SELECTION....................................................................................24
B. BASIS OF AWARD..............................................................................................................................24
Section 1. Request for Proposals
A. Notice—posted on Village website December 16, 2021.
Village of Oak Brook
Request for Proposals
Oak Brook Bath & Tennis Club Aquatic Management Services
December 2021
The Village of Oak Brook invites proposals from qualified firms that have experience in lifeguard
services and pool maintenance and repair.
Proposals should be addressed to:
Rania Serences
Senior Purchasing Assistant
Village of Oak Brook
1200 Oak Brook Road
Oak Brook, IL 60523
The closing date and time for receipt of proposals is Thursday January 13, 2022 at 3:00 P.M.
prevailing time. Proposals received after the submittal time will be rejected and returned unopened to
the sender.
A complete proposal package, of which this legal notice is a part, is on file for inspection and may be
downloaded from the Village's website at www.oak-brook.om or picked up at the Reception Area,
Butler Government Center, 1200 Oak Brook Road, Oak Brook, Illinois 60523, between the hours of 8
A.M. and 4:30 P.M., Monday through Friday. There is no charge for the package. Questions about this
RFP should be addressed to Rick Valent, Public Works Director, 630-368-5272, rvalent()-oak-
brook.org.
The Village reserves the right to reject any or all proposals, waive or not to waive any irregularities
therein, and to accept the proposal considered being in the best interest of the Village.
No proposal may be withdrawn or modified after the receipt of proposals except where the award of
agreement has been delayed for a period of more than 120 days.
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B. Project Description
I. Introduction
The Oak Brook Bath & Tennis Club is a private swimming and tennis facility located within the Oak
Brook Sports Core. The facility has been owned and operated by the Village since 1978. The Club
features three individual pools: the competition size lap pool, the diving well pool, a wading pool for
children, a beach area, and a cafe.
II. Scope of Services
The Village of Oak Brook is seeking proposals from qualified vendors for Aquatic Management
Services at the Oak Brook Bath and Tennis Club for the 2022 season. Services, at a minimum, shall
include the following:
POOL MAINTENANCE:
1. Provide opening/closing pool services, including, but not limited to, inspecting, draining,
cleaning, and acid washing at the beginning of the season, and inspecting, draining,
winterizing, and storing all equipment at the end of the season.
2. A walk-through is required at the opening and the closing of the pool with the Public Works
Director or his designee.
3. Clean swimming pools prior to filtration start up.
4. Clean out all gutters, main drain sumps, and skimmers prior to start up as needed.
5. Sanitize, vacuum, operate filtration equipment and otherwise maintain water quality for all
aquatic facility or facilities spas and swimming pools.
6. Operate and maintain swimming pool filtration equipment to achieve optimal water quality and
identify any problems or concerns with normal operation.
7. Provide pool maintenance and repair, supply pool chemicals in sufficient quantities to comply
with Local County and state regulations, and monitor and test pool chemicals.
8. Perform the following daily operational services for said aquatic facility or facilities:
• Assign and schedule the aquatic facility manager and/or supervisor to provide
management oversight for daily operation.
• Assign and schedule the lifeguards and/or attendants to provide general supervision for
daily operations during regular business hours as required by law.
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• Maintain general cleanliness of the aquatic facility premises during daily operation,
including maintaining cleanliness and proper placement of all outside furniture.
• Complete a daily opening/closing (written) checklist document that includes safety
checks of all pool equipment and features.
GROUNDS AND FACILITIES MAINTENANCE:
1. 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.
2. Perform the following pre-opening tasks to prepare for daily operation of said aquatic facility or
facilities:
• 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.
• Organize, sanitize, make ready and otherwise prepare the locker rooms, lavatories, and
showers for daily operation.
• Organize, sanitize, make ready and otherwise prepare pool decks, furniture, water
attractions, spas, and swimming pools for daily operation.
• Distribute, ready and position emergency rescue equipment for use.
• Blow off all deck areas of debris.
3. Perform the following tasks throughout the day. These tasks must be done on an as needed
basis but no less than every hour during the daily operation of said aquatic facility or facilities:
• Collect and remove trash from all facility trash receptacles located inside and outside
the pool patio area, including the outside eating area and the beach.
• Check locker rooms/bathrooms and tennis bathroom located by the tennis courts for
cleanliness, including but not limited all plumbing fixtures, floors, and trash receptacles.
• Restock paper products in locker rooms/bathrooms, including the small tennis bathroom
located by the tennis courts. Paper products will be provided by the Village.
• Check tables located in the eating area for cleanliness wipe down with a clean cloth.
• Check the beach area and surrounding area for cleanliness.
• Check the beach area equipment, such as canoes, etc. to insure they are in proper
working order, and secured nightly and notify the Village Public Works Director or his
designee of any defects.
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• A daily checklist must be provided to the Village Public Works Director or his designee.
The checklist must include the employee initials and checkmark showing tasks
completed as needed but no less than on an hourly basis.
4. Provide the following closing tasks at the end of daily operation for said aquatic facility or
facilities:
• Collect and store emergency rescue equipment for future use on a daily basis.
• 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.
• Organize, sanitize, make ready and otherwise prepare the locker rooms, lavatories, and
showers for daily operation.
5. Perform facility inspection report of total facility. Provide detailed report to the Village on all
deficiencies with the all facilities, including, but not limited to, all swimming pools, buildings,
and structures. This report will be submitted weekly to the Village Public Works Director. Any
immediate needs must be communicated as necessary. The Proposer will be given the
opportunity to bid on repair work. All repair work will be considered separate from the
Agreement for Aquatic Services.
6. Communication between the Proposer and the Village is critical. The Proposer will be
responsible for ensuring effective communication with the Village Public Works Director or his
designee.
LIFEGUARDS:
1. Lifeguards should have current Lifeguard Training Certification.
2. The proper number of lifeguards, as required by law, must be available for the lap pool, wading
pool, diving pool, and beach.
3. Lifeguards must have CPR and First Aid Certification through a nationally recognized lifeguard
certification provider.
4. Proof of certification must be provided to the Village prior to opening the pools.
5. Provide, maintain and operate the following emergency rescue equipment for said aquatic
facility or facilities:
• Automatic External Deliberator
• Supplemental Oxygen Support Unit
• Bag Valve Mask
• Oral Suction Device
• Seal Easy Mask(s)
• Rescue Tube(s)
• Life Jacket(s)
• Spinal Management and Extrication Board
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6. Enforce all rules and regulations by the Village, and suggest and advise with regard to
additional rules and regulations for the operation of the pool.
7. A daily log for all operations areas of the swimming facilities will be kept. Log will include all
chemical levels as required by the Local Health Department, filtration operations, and required
cleaning.
MANAGEMENT AND OTHER STAFFING:
1. Each Proposal shall include a Pool Manager as part of staffing. The Pool Manager will be in
addition to the lifeguards required to operate the pools. The Pool Manager must have current
Lifeguard Training Certification. The proposal shall include the resume of the assigned Pool
Manager and he/she shall have at least three (3) years managing aquatics facilities of similar
size and scope.
2. The Pool Manager duties shall include, but are not limited to, the following:
• Employ, train, assign, schedule, and supervise employees to safely operate said
aquatic facility or facilities.
• Administer, supervise and otherwise manage the daily operations of said aquatic facility
or facilities.
• Complete appropriate forms for any minor incidents describing the circumstances
surrounding the incident. Major incidents that require calls to EMS shall be reported
directly to the Director of Public Works, or his designee.
• Make the decision or recommendation to the Public Works Director or his designee for
opening and closing the pool due to inclement weather.
3. Additional staff may include all other personnel to provide adequate supervision for public
swimming, swim lessons, swim team practices and meets, any other organized pool activities
such as private parties, and all duties included in the Request for Proposals.
4. Staff must operate and manage the membership check-in desk.
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The proposed hours of operation for the 2022 pool season are as follows:
LAP POOL WADING POOL DIVING WELL BEACH
EARLY SEASON
May 28 — 30* 10:00 am — 7:00 pm 10:00 am —6:00 pm 10:00 am — 7:00 pm 12:00 pm —6:00 pm
May 31 — June 3 4:00 pm —8:00 pm 4:00 pm — 8:00 pm 4:00 pm — 8:00 pm 4:00 pm — 6:00 pm
REGULAR SEASON
June 4 —August 14
Mon — Fri 11:00 am — 8:00 pm 10:30 am —6:00 pm 11:00 am — 8:00 pm 12:00 pm — 6:00 pm
Sat — Sun 10:00 am — 8:00 pm 10:00 am —6:00 pm 10:00 am — 8:00 pm 12:00 pm — 6:00 pm
EXCEPTION
July 3rd & 4th 10:00 am — 5:00 pm 10:00 am — 5:00 pm 10:00 am — 5:00 pm Closed
LATE SEASON
Aug 15 — Sept 4
Mon — Fri 4:00 pm — 8:00 pm 4:00 pm — 8:00 pm 4:00 pm — 8:00 pm 4:00 pm —6:00 pm
Sat — Sun 10:00 am — 7:00 pm 10:00 am — 6:00 pm 10:00 am — 7:00 pm 12:00 pm — 6:00 pm
September 5** 10:00 am — 7:00 pm 10:00 am — 6:00 pm 10:00 am — 7:00 pm 12:00 pm — 6:00 pm
LAP SWIM
ALL SEASON
Mon — Fri 6:00 am — 9:00 am
*Memorial Day is May 30, 2022
**Labor Day is September 5, 2022
Swim Team Practices 9:00 am — 11:30 am and 4:45 pm — 5:45 pm through the 3rd week in July
(Lifeguards MUST be available and on duty for swim team practices)
III. Questions about this RFP
Questions and inquiries concerning this RFP may be directed to:
Rick Valent
Public Works Director
Village of Oak Brook
1200 Oak Brook Road
Oak Brook, Illinois 60523
630-368-5272
rvalent(a.)oak-brook.org
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C. General Terms and Conditions
1. PREPARATION AND SUBMISSION OF PROPOSALS:
a. The proposal shall be submitted in an opaque sealed envelope on or before the time
stated and shall bear the name of the individual, firm, or corporation submitting the
Proposal and the Project Name: "Oak Brook Bath & Tennis Club Aquatic Management
Services."
b. Proposers may attach separate sheets to the proposal for the purpose of explanation,
exception, alternate proposal and to cover unit prices, if needed.
c. Proposers may withdraw their proposal either personally or by written request at any time
before the hour set for the proposal deadline, and may resubmit it. No proposal may be
withdrawn or modified after the receipt of proposals except where the award of agreement
has been delayed for a period of more than 120 days.
d. In submitting this proposal, the Proposer further declares that the only person or party
interested in the proposal as principals are those named herein, and that the proposal is
made without collusion with any other person, firm or corporation.
e. The Proposer further understands and agrees that if his proposal is accepted, he is to
furnish and provide all necessary machinery, tools, apparatus, and cleaning supplies, and
other means to do all of the work and to furnish all of the materials specified in the
agreement, except such materials as are to be furnished by the owner (Village), in the
manner and at the time therein prescribed, and in accordance with the requirements
therein set forth.
f. The Proposer further agrees to execute all documents within this Proposal Package,
obtain a Certificate of Insurance for this work and present all of these documents to the
Village within 15 days after the receipt of the Notice of Award and the Agreement by him.
g. The Proposer further agrees to begin work not later than 10 days after receipt of the Notice
to Proceed, unless otherwise provided, and to execute the work in such a manner and with
sufficient materials, equipment and labor.
h. By submitting a proposal, the Proposer understands and agrees that, if his proposal is
accepted, and he fails to enter into an agreement forthwith, he shall be liable to the Village
for any damages the Village may thereby suffer.
2. CONDITIONS:
a) The Village is exempt from Federal excise tax and the Illinois Retailer's Occupation Tax.
This proposal cannot include any amounts of money for these taxes.
b) Any agreement or agreement resulting from the acceptance of this proposal by the
Village shall be on forms either supplied by or approved by the Village's Legal
Department. The Village reserves the right to reject any agreement that does not
conform to the Request for Proposal and any Village requirements for agreements and
contracts.
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c) The Village reserves the right to request clarification of information submitted and
request additional information as needed.
d) The requirements of this RFP will be included in the agreement with the selected firm.
3. INDEMNIFICATION:
The Proposer shall protect, indemnify, save, defend and hold forever harmless the Village
and/or its officers, officials, employees, volunteers and agents from and against all
liabilities, obligations, claims, damages, penalties, causes of action, costs and expenses,
including without limitation court costs, insurance deductibles and attorney's fees and
expenses, which the Village and/or its officers, officials, employees, volunteers and agents
may incur, suffer or sustain, or for which the Village and/or its officers, employees and
agents may become obligated by reason for any accident, injury to or death of persons or
loss of or damage to property, or civil and/or constitutional infringement of rights
(specifically including violations of the Federal Civil Right Statutes), arising indirectly or
directly in connection with or under, or as a result of, this or any Agreement by virtue of
any act or omission of any of the Proposer's officers, employees, subcontractors, and/or
agents, provided that the Proposer shall not be liable for claims, obligations, damages,
penalties, causes of action, costs and expenses arising solely by any act or omission of
the Village's officers, officials, employees, volunteers and/or agents.
The Proposer shall hold the Village harmless for any and all claims for labor, material,
apparatus, equipment, fixtures or machinery furnished to the Proposer for the purpose of
performing the work under the agreement; and the payment of all direct and indirect
damages to any person, firm, company or corporation suffered or sustained on account of
the performance of such work during the time the agreement is in force.
4. INSURANCE:
Certificates of Insurance and Additional Insured Endorsement shall be presented to the
Village within fifteen (15)days after the receipt by the Proposer of the Notice of Award and
the unexecuted agreement, it being understood and agreed that the Village will not
approve and execute the agreement nor will the bid guarantee be returned until acceptable
insurance certificates are received and approved by the Village.
Each Proposer performing any work pursuant to an agreement with the Village of Oak
Brook and each permittee working under a permit as required pursuant to the provisions of
Title 1, Chapter 8 of the Code of Ordinances of the Village of Oak Brook (hereinafter
referred to as "Insured") shall be required to carry such insurance as specified herein.
Such Proposer and permittee shall procure and maintain for the duration of the agreement
or permit insurance against claims for injuries to persons or damages to property, which
may arise from or in connection with the performance of the work under the agreement or
permit, by either the contractor, permittee, or their agents, representatives, employees or
subcontractors.
A contractor or permittee shall maintain insurance with limits no less than:
A. General Liability - $5,000,000 combined single limit per occurrence for bodily
injury, personal injury and property damage, provided that when the estimated cost
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of the work in question does not exceed $5,000, the required limit shall be
$500,000;
B. Automobile Liability (if applicable) - $1,000,000 combined single limit per accident
for bodily injury and property damage;
C. Worker's Compensation and Employer's Liability - Worker's Compensation limits
as required by the Labor Code of the State of Illinois and Employer's Liability limits
of$1,000,000 per accident.
Any deductibles or self-insured retention must be declared to and approved by the Village.
At the option of the Village, either the insurer shall reduce or eliminate such deductible or
self-insured retention as respects the Village, its officers, officials, employees and
volunteers; or the Insured shall procure a bond guaranteeing payment of losses and
related investigations, claim administration and defense expenses to the extent of such
deductible or self-insured retention.
The policies shall contain, or be endorsed to contain, the following provisions:
D. General Liability and Automobile Liability Coverage-
(1) The Village, its officers, officials, employees and volunteers are to be covered as
additional insureds as respects: liability arising out of activities performed by or on
behalf of the Insured; premises owned, occupied or used by the Insured. The
coverage shall contain no special limitations on the scope of protection afforded to
the Village, its officers, officials, employee's volunteers or agents.
(2) The Insured's insurance coverage shall be primary insurance as respects the
Village, its officers, officials, employees, volunteers and agents. Any insurance or
self-insurance maintained by the Village, its officers, officials, employees,
volunteers or agents shall be in excess of the Insured's insurance and shall not
contribute with it.
(3) Any failure to comply with reporting provisions of the policies shall not affect
coverage provided to the Village, its officers, officials, employees, volunteers or
agents.
(4) The Insured's insurance shall apply separately to each covered party against
whom claim is made or suit is brought except with respect to the limits of the
insurer's liability.
E. Worker's Compensation and Employer's Liability Coverage
The policy shall waive all rights of subrogation against the Village, its officers,
officials, employees, volunteers and agents for losses arising from work performed
by the insured for the Village.
Each insurance policy shall be endorsed to state that coverage shall not be suspended,
voided, canceled by either party, reduced in coverage or in limits except after thirty (30)
days prior written notice by certified mail has been given to the Village. Each insurance
policy shall name the Village, its officers, officials and employees, volunteers and agents
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as additional Insureds. Insurance is to be placed with insurers with a Best's rating of no
less than A: VII.
Each Insured shall furnish the Village with certificates of insurance and with original
endorsements effecting coverage required by this provision. The certificate and
endorsements for each insurance policy are to be signed by a person authorized by that
insurer to bind coverage on its behalf. The certificates and endorsements are to be on
forms approved by the Village and shall be subject to approval by the Village Attorney
before work commences. The Village reserves the right to require complete, certified
copies of all required insurance policies, at any time.
Each insured shall include all subcontractors as insureds under its policies or shall furnish
separate certificates and endorsements for each subcontractor. All coverages for
subcontractors shall be subject to all of the requirements stated herein.
5. SAFETY:
The Proposer and any subcontractors shall comply with all the provisions of the Federal
Occupational Safety and Health Act of 1970 (84 Stat. 1590), as amended.
6. EQUAL OPPORTUNITY:
The Proposer will not discriminate against any employee or applicant for employment
because of race, color, religion, sex, ancestry, national origin, place of birth, age or
handicap unrelated to bona fide occupational qualifications.
7. EXECUTION OF DOCUMENTS
The Proposer, in signing his Proposal overall or on any portion of the work, shall conform
to the following requirements:
Proposals signed by an individual other than the individual represented in the Proposal
documents shall have attached thereto a power of attorney evidencing authority to sign the
Proposal in the name of the person for whom it is signed.
Proposals, which are signed for a partnership, shall be signed by all of the partners or by
an attorney-in-fact. If signed by an attorney-in-fact, there shall be attached to the Proposal
a power of attorney evidencing authority to sign the proposal, executed by the partners.
Proposals, which are signed for a corporation, shall have the correct corporate name
thereof and the signature of the President or other authorized officer of the corporation
manually written below the corporate name.
If an official other than the President of the Corporation manually signs such Proposal, a
certified copy of a resolution of the board of directors evidencing the authority of such
official to sign the Proposal should be attached to it. Such Proposal shall also bear the
attesting signature of the Secretary of the corporation and the impression of the corporate
seal.
The Agreement shall be deemed as have been awarded when formal notice of award shall
have been duly served upon the intended awardee.
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8. NON-DISCRIMINATING:
The Vendor, its employees and subcontractors, agrees not to commit unlawful
discrimination and agrees to comply with applicable provisions of the Illinois Human Rights
Act, the U.S. Civil Rights Act and Section 504 of the Federal Rehabilitation Act, and rules
applicable to each.
9. NEGOTIATIONS:
The Village reserves the right to negotiate specifications, terms, and conditions, which may
be necessary or appropriate to the accomplishment of the purpose of the RFP. The Village
may require the entire proposal be made an integral part of the resulting agreement. This
implies that all responses, supplemental information, and other submissions provided by
the Proposer during discussions or negotiations will be held by the Village as contractually
binding on the successful Proposer.
10. INCURRED COSTS:
The Village will not be liable in any way for any costs incurred by respondents in
replying to this RFP. Proposer agrees to comply with all laws, ordinances, and rules of
the Village and the State of Illinois.
11. PROPOSER RESPONSIBILITIES:
The selected Proposer will be required to assume responsibility for all services offered
in this proposal. The Owner will consider the selected Proposer to be the sole point of
contact with regard to contractual matters, including payment of any and all charges
resulting from the agreement.
12. PAYMENT:
The Village authorizes the payment of invoices on the second and fourth Tuesday of the
month. For consideration on one of these dates, payment request must be received no
later than fourteen (14)days prior to the second or fourth Tuesday of the month.
13. PREVAILING WAGES:
Prevailing Wage Act (820 ILCS 130), as amended, except where a prevailing wage
violates a federal law, order, or ruling, the rate conforming to the federal law, order, or
ruling shall govern. If the Department of Labor revises the wage rates, the revised rate,
as made available on the Department's official website, shall apply to this agreement
and the Proposer will not be allowed additional compensation because of said revisions.
The Proposer shall be responsible to notify each subcontractor of the wage rates set
forth in this agreement and any revisions thereto.
Proposer will comply with the Illinois prevailing wage law, as amended from time to time
and made available on the Department of Labor's official website. Not less than the
prevailing rate of wages as found by the Illinois Department of Labor shall be paid to all
laborers, workers and mechanics performing work under the Agreement. If the
Department of Labor revises the prevailing rate of wages to be paid laborers, workers or
mechanics under the Agreement, the revised prevailing rate of wages shall apply to the
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Agreement and Proposer shall have the sole responsibility and duty to pay, and ensure
that all Subcontractors pay, the revised prevailing rate of wages to each person to
whom a revised rate is applicable. Revision of the prevailing wages shall not result in
an increase in the Agreement sum or other cost to Village of Oak Brook. Proposer shall
indemnify, defend and hold Village of Oak Brook harmless from any loss, including but
not limited to Village of Oak Brook's attorney's fees, resulting from Proposer's failure to
comply with this prevailing wage clause. All bonds applicable to the Agreement shall
include a provision as will guarantee the faithful performance of the obligation to pay the
prevailing rate of wages.
The Proposer and each subcontractor shall make and keep, for a period of not less than
3 years, records of all laborers, mechanics, and other workers employed by them on the
project; the records shall include each worker's name, address, telephone number when
available, last four digits of their social security number, gender, race, ethnicity, veteran
status, classification or classifications, the hourly wages paid in each period, the
number of hours worked each day, the starting and ending times of work each day, the
worker's hourly rate, the worker's hourly overtime wage rate, the worker's hourly fringe
benefit rates, the name and address of each fringe benefit fund, the plan sponsor of
each fringe benefit, if applicable, and the plan administrator of each fringe benefit. The
Proposer and each subcontractor shall submit monthly, in person, by mail, or
electronically a certified payroll to the Department of Labor, or to the public body if the
Department of Labor has yet to activate the database created by Section 5.1 of 820
ILK'S 130. The certified payroll shall consist of a complete copy of the records. The
certified payroll shall be accompanied by a statement signed by the proposer or
subcontractor which states that: (i) such records are true and accurate; (ii) the hourly
rate paid to each worker is not less than the general prevailing rate of hourly wages
required; and (iii) the proposer or subcontractor is aware that filing a certified payroll
that he or she knows to be false is a Class B misdemeanor.
Upon 7 business days' notice, the proposer and each subcontractor shall make
available for inspection and copying at a location within this State during reasonable
hours, the records to the public body in charge of the project, its officers and agents,
and to the Director of Labor and his deputies and agents. The Proposer and each
subcontractor shall permit his/her employees to be interviewed on the job, during
working hours, by compliance investigators of the Department or the Department of
Labor.
14. DEFAULT:
The agreement may be canceled or annulled by the Owner in whole or in part by written
notice of default to the Proposer upon nonperformance or violation of agreement terms.
An award may be made to another Proposer with services similar to those so
terminated. Failure of the Proposer to deliver services within the time stipulated on his
offer, unless extended in writing by the Owner, shall constitute agreement default.
15. AGREEMENT:
The successful proposer agrees that upon acceptance of its proposal by the Village of
Oak Brook this Request for Proposal, along with all instructions, conditions, and
specifications attached thereto, constitute a binding agreement, which may be enforced
by the Village.
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16. AGREEMENT EXTENSION:
At the conclusion of the 2022 pool season, the Village of Oak Brook reserves the right
to award an annual agreement extension for each following years, not to exceed 4
years (2023, 2024, 2025 and 2026), to the current Proposer. Determination will be
made annually solely by the Village of Oak Brook with the concurrence of the Proposer
and will be determined no later than 24 weeks following the pool season.
17. FORCE MAJEURE:
A force majeure occurrence is an event or effect that cannot be reasonably anticipated
or controlled and is not due to the negligence or willful misconduct of the affected
party.
Unless otherwise agreed in the agreement between the parties expressly or
impliedly, where a party to an agreement fails to perform one or more of its
contractual duties, the consequences set out in this clause will follow if and to the
extent that the party proves: (a) that its failure to perform was caused by an
impediment beyond its reasonable control; (b) that it could not reasonably have
been expected to have taken the occurrence of the impediment into account at the
time of the signing of the agreement; and (c) that it could not reasonably have
avoided or overcome the effects of the impediment.
A party invoking this clause shall be presumed to have established the conditions
described in the preceding paragraph in the case of the occurrence including, but
not limited to, one or more of the following impediments or other similar causes
beyond the control of the proposer or the Village in the performance of the agreement
where non-performance, by exercise of reasonable diligence, cannot be prevented:
• acts of God or natural disaster such as but not limited to violent storm,
cyclone, typhoon, hurricane, tornado, blizzard, earthquake, volcanic activity,
landslide, tidal wave, tsunami, flood, damage or destruction by lightning,
drought;
• acts of war (whether declared or not), armed conflict or the serious threat of
the same (including but not limited to hostile attack, blockade, military
embargo), hostilities, invasion, act of a foreign enemy, extensive military
mobilization;
• civil war, riot, rebellion, revolution, military or usurped power, insurrection, civil
commotion or disorder, mob violence, act of civil disobedience;
• acts of public enemies, acts of terrorism, sabotage or piracy;
• plague, epidemic, pandemic, outbreaks of infectious disease or any
other public health crisis, including quarantine or other employee
restrictions;
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• act of authority whether lawful or unlawful, compliance with any law or
governmental order, rule, regulation or direction, curfew restriction,
expropriation, compulsory acquisition, seizure of works, requisition,
nationalization;
• explosion, fire, destruction of machines, equipment, factories and of any kind
of installation, prolonged break-down of transport, telecommunication or
electric current;
• general labor disturbance such as but not limited to boycott, strike and lock-
out, go-slow, occupation of factories and premises;
• shortage or inability to obtain critical material or supplies to the extent not
subject to the reasonable control of the subject Party.
The affected party shall provide the other party with written notice of any force majeure
occurrence as soon as the delay is known and provide the other party with a written
contingency plan to address the force majeure occurrence. Furthermore, the affected
party shall use its commercially reasonable efforts to resume proper performance
within an appropriate period of time. Notwithstanding the foregoing, if the force majeure
condition continues beyond 30 days, the parties to the agreement shall jointly decide
on an appropriate course of action that will permit fulfillment of the parties' objectives
under the agreement.
Proposer shall not be entitled to an adjustment in agreement price or other non-price
related items caused by or within the control of proposer. Delay, disruption, and
interference attributable to and within the control of a subcontractor or supplier shall be
deemed to be within the control of proposer.
18. INDEPENDENT CONTRACTOR:
There is no employee/employer relationship between the Proposer and the Village.
Proposer is an independent contractor and not the Village's employee for all
purposes, including, but not limited to, the application of the Fair Labors Standards
Act minimum wage and overtime payments, Federal Insurance Contribution Act, the
Social Security Act, the Federal Unemployment Tax Act, the Worker's Compensation
Act (820 ILCS 305/1, et seq.). The VILLAGE will not (i) provide any form of insurance
coverage, including but not limited to health, worker's compensation, professional
liability insurance, or other employee benefits, or (ii) deduct any taxes or related items
from the monies paid to Proposer. The performance of the services described herein
shall not be construed as creating any joint employment relationship between the
Proposer and the Village, and the Village is not and will not be liable for any
obligations incurred by the Proposer, including but not limited to unpaid minimum
wages and/or overtime premiums, nor does there exist an agency relationship or
partnership between the Village and the Proposer.
19. GOVERNING LAW:
The laws of the State of Illinois as to interpretation, performance and enforcement
shall govern this Agreement. The forum for resolving any disputes concerning the
jAworddoc\rfp\2021 rfp\aquatic services.doc Page 14
parties' respective performance or failure to perform under this Agreement shall be
the Circuit Court for the Eighteenth Judicial Circuit, DuPage County, Illinois.
Section 2. Proposal Instructions
A. General Information
Six (6) copies of the proposal shall be submitted in a sealed envelope to:
Rania Serences
Senior Purchasing Assistant
Village of Oak Brook
1200 Oak Brook Road
Oak Brook, IL 60523
and clearly marked on the outside of the envelope "Oak Brook Bath & Tennis Club Aquatic
Management Services" on or before 3:00 p.m. Thursday, January 13, 2022. Any proposal
received after this date and time will be refused.
B. Documents/Information to be Submitted:
Proposal Form (Section C below), Detailed cost Spreadsheet and Narrative
References (Section D below)
Consultants Certification (Section E below)
Sexual Harassment Policy (Section F below)
Statement of Qualifications
• Provide background information on your firm including, but not limited to, the
age of the business, the number of employees, and pertinent financial data
that will permit the Village to determine the capability of the proposer to meet
all contractual requirements.
• List the abilities, qualifications, and experience of the persons who would be
assigned to the engagement and their experience on similar agreements.
Project Approach
• Terms and Conditions
List any terms and conditions, which may apply to this agreement and are not
included in this RFP.
• Additional Information and Comments
Include any other information you believe to be pertinent but not specifically
mentioned elsewhere.
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C. Proposal Form
In compliance with this Request for Proposals, and subject to all conditions thereof, the undersigned
offers and agrees, if this proposal is accepted, to furnish the services as outlined herein for the Village
of Oak Brook, subject to modification through negotiations. The time and material, not to exceed, cost
proposed shall include all anticipated expenses.
Time and Material (including expenses) Not-to-Exceed Cost to conduct the Oak Brook Bath &
Tennis Club Aquatic Management Services for the 2022 Pool Season as indicated in the Scope
of Services
Alternate Proposal:
1) Not-to-Exceed Cost to conduct only the aquatic facility management (pool check-in,
lifeguarding, day-to-day operations, etc.) for the Oak Brook Bath & Tennis Aquatic Facility for the
2022 Pool Season
2) Not-to-Exceed Cost to conduct only the maintenance and repair services, supply pool
chemicals, and open/close services the Oak Brook Bath & Tennis Aquatic for the 2022 Pool
Season
Include with your proposal a spreadsheet indicating the hourly rates, estimated expenses, and any other
anticipated costs that are included in the above NTE cost.
Also, include a full narrative that describes your overall process for maintenance and repair, and lifeguard
services.
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Firm Name:
Address:
City, State, ZIP:
Signature:
Name Printed:
Title:
Telephone: Date:
If a Corporation:
ATTEST:
Secretary
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D. References
Your Company Name:
(Please Print)
The Proposer shall list five (5) current references with needs similar to the Village of Oak Brook for
whom Proposer has provided comparable services. Please include company name, address,
telephone number, year(s) employed by referenced firms, contact person, and type of work you
performed for that entity.
1. Company Name/Municipality:
Address:
Phone: ( )
Contact Person:
Type of Work and Date Performed:
2. Company Name/Municipality:
Address:
Phone: )
Contact Person:
Type of Work and Date Performed:
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3. Company Name/Municipality:
Address:
Phone: ( )
Contact Person:
Type of Work and Date Performed:
4. Company Name/Municipality:
Address:
Phone: ( )
Contact Person:
Type of Work and Date Performed:
5. Company Name/Municipality:
Address:
Phone: ( )
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Contact Person:
Type of Work and Date Performed:
jAworddoc\rfp\2021 rfp\aquatic services.doc Page 20
E. Proposals Certification
The undersigned, being first duly sworn an oath, deposes and states that he has the authority to make
this certification on behalf of the proposer for the construction, product, commodity, or service briefly
described as follows:
"Oak Brook Bath & Tennis Club Aquatic Management Services"
1) The undersigned certifies that, pursuant to Chapter 720, Section 5/33E of the Illinois Compiled
Statutes, 1993, the proposer is not barred from bidding on this agreement because of a conviction
for the violation of State of Illinois laws prohibiting bid rigging or bid-rotating.
2) The undersigned states under oath that, pursuant to Chapter 65, Section 5/11-42.1-1 of the Illinois
Compiled Statutes, 1993, the proposer is not delinquent in the payment of any tax administered by
the Illinois Department of Revenue.
3) The undersigned certifies that, pursuant to Chapter 775, Section 5/2-105. of the Illinois Compiled
Statutes, 1993, the proposer has a written sexual harassment policy in place including the
following information:
a) An acknowledgment of the illegality of sexual harassment.
b) The definition of sexual harassment under State law.
c) A description of sexual harassment, utilizing examples.
d) The Consultant's internal complaint process including penalties.
e) The legal recourse, investigative and complaint process available through the Illinois
Department of Human Rights and the Human Rights Commission.
f) Directions on how to contact the Department or the Commission.
This business firm is: (check one)
Corporation Partnership Individual
Firm Name:
Address:
City, State, ZIP:
Signature:
Name Printed:
Title:
Telephone: Date:
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ATTEST:
-SEAL-
SUBSCRIBED AND SWORN TO
before me this day
of , 2022.
Notary Public
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F. Sexual Harassment Policy
hereinafter referred to as "Proposer" having
submitted a bid/proposal for to the Village of Oak Brook,
DuPage/Cook Counties, Illinois, hereby certifies that said Consultant has a written sexual harassment
policy in place in full compliance with 775 ILCS 5/2-105(A)(4) including the following information:
1) An acknowledgment of the illegality of sexual harassment.
2) The definition of sexual harassment under State law.
3) A description of sexual harassment, utilizing examples.
4) The Proposer's internal complaint process including penalties.
5) The legal recourse, investigative and complaint process available through the Illinois Department
of Human Rights and the Human Rights Commission.
6) Directions on how to contact the Department or the Commission.
7) An acknowledgment of protection of a complaint against retaliation as provided in Section 6-101 of
the Human Rights Act.
Each consultant must provide a copy of such written policy to the Illinois Department of Human Rights
upon request.
By:
Authorized Agent of Proposer
Subscribed and sworn to
before me this day
of 2022.
Notary Public
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Section 3. Review Process
A. Evaluation of Proposals and Selection
The proposals received will be evaluated by the Village on the basis of professional qualifications,
previous experience on similar projects, key personnel assigned to the project, satisfaction of previous
clients on work performed for them, current billing rates of the firm, and the proposal that best meets
the needs of the Village. This proposal is not intended to be detailed; it is intended to be an
expression of interest in providing services for the project, as well as to provide background
information on the firm and its professional qualifications. Firms will be contacted during the evaluation
if further information is needed. The Village may choose to interview one or more firms before final
selection is made.
This Request for Proposal does not commit the Village to award an agreement, to pay any costs
incurred in the preparation of a proposal based on this request, or to procure or agreement for
services. All proposals submitted in response to this Request for Proposal become the property of the
Village. The Village reserves the right to accept or reject any or all proposals received as a result of
this request, to negotiate with qualified consultants, or to cancel in part or in its entirety the Request for
Proposal, if it is in the best interest of the Village to do so. The Village may require the consultant
selected to participate in negotiations concerning agreement price or the nature and extent of services
to be provided. The results of such negotiations shall be incorporated into the final agreement
between the Village and its consultant.
B. Basis of Award
Village staff will perform an evaluation of the proposals received. Appropriate finalist(s) may be
interviewed by the Village, after which a selection will be made.
The Village reserves the right to reject any or all proposals, to waive any informality or technical error,
and to accept any proposal deemed most favorable to the interests of the Village. The Village will
review proposals based on the following criteria:
1) Compliance with RFP. Adherence to all conditions and requirements of the RFP.
2) Understanding of the Project. The Proposer understands of the engagement, the Village's
objectives, and the nature and scope of the work involved.
3) Services to be Provided. The exact type and nature of the proposer's proposed services and
how they accomplish the objectives of the project.
4) Qualifications of the Proposer. The Proposer's capability in all respects to perform fully all
agreement requirements, and the integrity and reliability, which will assure good faith
performance. This criterion includes:
• The experience of the firm and its record on projects of a similar nature.
• Personnel to be assigned to the project, their education, qualifications, and experience on
similar projects.
jAworddoc\rfp\2021 rfp\aquatic services.doc Page 24
• The availability of necessary personnel and other resources to successfully complete the
project specified herein on a timely basis.
5) Costs. Proposed agreement price.
6) Ability, capacity and skill to fulfill the agreement as specified.
7) Ability to supply the commodities; provide the services or complete the construction promptly,
or within the time specified, without delay or interference.
8) Character, integrity, reputation, judgment, experience and efficiency.
9) Quality of performance on previous agreements.
10)Previous and existing compliance with laws and ordinances relating to the agreement.
11)Sufficiency of financial resources.
12)Quality, availability and adaptability of the commodities, services or construction, in relation to
the Village's requirements.
13)Ability to provide future maintenance and service under the agreement.
14)Number and scope of conditions attached to the proposal.
15)Record of payments for taxes, licenses or other monies due the Village.
16)The Village of Oak Brook will select an organization with the experience, commitment, vision,
financial ability, and technical competence necessary to operate and manage the pools.
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EXHIBIT B
PROPOSAL SUBMITTED BY CHICAGOLAND POOL MANAGEMENT, INC.
thicagoland Pool Management
ORIGINAL
Swimming Pool Management Proposal
for
Oakbrook Bath and Tennis Club
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Chicagoland Pool Management
Chicagoland Pool Management
& Our Parent Company
We're a proud partner of The Pool Management Group-the parent company of 17 swimming pool
management companies located primarily in the mid-western,southeastern,and southwestern
United States.
Over the past 37 years,our parent company has established and replicated sound business
practices for swimming pool management and operations. The Pool Management Group helps us
succeed by providing broad and deep layers of support to our team:
• optimized operational processes
• backup personnel
• pool risk management strategies
• back-end business services
• liability insurance policies
• national buying power
• financial strength
• pool expertise and industry knowledge
• research and development in pool risk management,operations,and lifeguard
training
We combine our local market presence and
expertise, with the sophisticated operational and
risk management strategies enabled by The Pool
Management Group, to deliver unparalleled levels of
safety, efficiency, and patron satisfaction.
ry _ We're there when you
_ We make your pool We tower your. �s
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Chicagoland Pool Management
Pool owners and governing boards are open to substantial
risks & liabilities. We provide unparalleled levels of patron
safety and customer risk management.
We make your pool
safer
safety Advisory Board
Each year research findings shed new light on pool safety and The Pool Management Group's Safety
Advisory Board acts to incorporate new processes that can help save a life throughout our
processes and training. Our safety advisory board consists of key personnel from throughout The
Pool Management Group Family and internationally known safety expert,Dr.Tom Griffiths. Dr.
Tom Griffiths also acts as a consultant and advisor to us throughout the year.
Advanced Lifeguard Training Beyond the Standard
The fact is that our training and techniques address drowning risks of which many pool operators
are not even aware. After completing our 3+hours of Advanced Lifeguard Training series (this is
training in addition to certifications),our lifeguards report feeling more confident,better trained,
aware of situations they had never considered,and grateful for the knowledge. Proprietary new
training developed in-house for the 2014 season addressed 1)the psychological aspects and
techniques for staying focused as a lifeguard and 2)new scanning techniques to better identify
swimmers in trouble. Other proprietary training topics include surface refraction/glare
techniques,'invisible bodies'training,Shallow Water Blackout Training and Body on the Bottom®
Testing.
Proprietary On-line Training Platform
Our lifeguards now access our advanced lifeguard training through our on-line training platform.
Material is presented in various forms: video demonstrations,graphs/illustrations,pictures,and
voice over with text. This allows us to ensure that every lifeguard is receiving the same high
quality training(even those hired late in the season) and,as important,we're ensuring that
lifeguards are absorbing the material presented,thanks to periodic testing throughout the training.
We make your pool We tower your risk We're there when you
safer need us
Chicagoland Pool Management
Annual Pool Patron Safety Campaigns
We believe pool safety is greatest when everyone understands the risks associated with swimming
pools and how to deal with those risks. Our 2017 safety campaign explained that it's impossible for
a lifeguard to watch every person in the pool at all times and the only way to guarantee a child's
safety is to be in the water with the child. We believe these safety campaigns are important
contributors to creating a safe environment.
We tower our risk
Comprehensive Liability insurance
Facilities that want the lowest financial risk choose us. Inadequate coverage can result in
significant financial exposure to owners in the event of a swimming pool injury or death.
While our focus is on prevention,aquatic experts agree that accidents happen even at the best run
pools. That's why our comprehensive insurance package includes General Liability,Professional
Liability&Punitive coverage with$20 million dollar limits. This large limit is a requirement,not
an extravagance,as pool accident judgments have been awarded for multi-millions.
Financial Security
Small businesses are susceptible to cash flow instability and constraints,particularly in our
seasonal businesses and in an economy where lending has become severely restricted. Through
The Pool Management Group we receive financial support and security. Rest assured,we have the
backing to keep your pool running well and open all season.
Emergency back-up: Management personnel &technician teams
Illnesses,accidents,and emergencies happen. For many organizations like ours the loss of key
management personnel could result in severe disruption to pool operations. However,as our
customer,you're protected. Our parent company provides us both management personnel and
technician back up teams,ready for deployment as needed to keep your pool fully operational.
We
rake your pool We lower your risk need us ere when you
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Responsive and Easy
We know you want a quick response when you have a question or a pool issue. Being available 24
hours a day/ 7 days a week means no wondering when you'll hear from us.
Repairs and Renovations
We have skilled repair technicians ready to dispatch at a moment's notice and renovation know-
how for larger projects. We can take care of all of your pool needs.
National diagnostic team and parts sourcing
We know that not having access to the right mechanical part is to� Therone reason pools are
Pool Management Group
closed during the season. When needed,our national support
steps in with help diagnosing issues and obtaining critical hardV vendors,pwearts from have you running as
into
warehouses at one of our Partner Companies to a multitude
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quickly as possible.
Information When You Need It
Our parent company monitors water quality education as well as legal decisions
at your poolps us can
to-date on developments,so we can respond rapidly to any changes Y
count on getting accurate timely information.
We're here to help minimize your financial risk, protect your pool
investment, and ensure an enjoyable & safe swim season.
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Liability Insurance limits
Facilities that want the lowest
our S2o million insurance coverage is the most if accident comprehensive
s at
the industry. our focus is on prevention, but imillion
your pool,won't you want a company with adequate protection? insurance
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Liability Insurance Explained
Liability insurance policies for high risk situations,like lifeguard staffing,can be
complicated.Below we explain:
• How primary policy and excess policy limits work
• Coverage is per event,not per pool
• The difference in Professional Liability and General Liability
• Punitive Damages coverage
• Excess Coverage"follows form" Policy idents can happen,which is
Aquatic safety experts agree that even at the best run pool acc
why liability insurance is such an important part of risk management.
Lawsuits resulting from swimming pool injuries and deaths have resulted in large multi-
million dollar judgments (see enclosed chart).Medical bills alone,which are just one-drowning. There facts lead rt f
the damages,can run into the millions of dollars in a professional Liability coverage are
to conclude that$20 Million insurance limits and
necessary.
Professional Liability and General Liability Coverage
Potential exposures at swimming pools involve some events that would only b covered Gene al
Professional Liability Insurance and some events that would only b
Liability Insurance. The distinction between the two policies is not a clear line. The
important thing to know is that if a swimming pool management company only has General
Liability coverage, and does not have Professional Liability coverage, there are exposure
that are not covered by insurance.
While there are many possibilities, an example may be helpful:
If someone is injured at the pool there may be a claim resulting from that injury. This
claim would fall under the General Liability policy.If,however,a lifeguard provided care
and as a result of the care provided the person is injured further, this claim would fall
under the Professional Liability policy.
Determining if a Policy Includes Professional Liability Coverage
Most General Liability insurance policies have an exclusion for Professional Liability
ex osures. When a policy includes coverage for Professional Liability exposures the
P
e policy. So, rather than stating in the positive that Professiona
exclusion clause is not in th {
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exposures are covered, a policy includes coverage for Professional Liability
Liability P
licy does not include the exclusion clause.
exposures if the po
Primary Policy and Excess Policy Limits
swimming pool management liability insurance policy there is a Primary
In a typical swwhich is usually$1 million in coverage per claim. The Primary
policy GL Policy), Y to the
Liability p Y
policy is per occurrence,meaning there is$1 million ae mavailable
for sometimes called Umbrella
Po y
policy limit(such as $3 million). Theo cover a judgmy be an ent or settlement that is higher than
Policy)
on top of the Primary Policyt is
policy limit. The Excess Policy designates a total annual amount excesscoverage
the Primary Y y year,then th
as it is used. If the Primary Policy limit is exceeded in an y
ld ick up coverage for any other events, up to the amount of the excess coverage.
wou p
Primary Policy
+ Excess Policy
=TOTAL COVERAGE a com and
any has a$20 Million limit it will likely be a$1 million dollar primary policy
So,if p
$19 million excess coverage.
$ 1,000,000
+$19 000 000
$20,000,000 primary
r company ch is likely a $1 million dollar p
Another may have a $5 Million limit, whi
P
policy and$4 million excess coverage.
$1,000,000
+ 4 000 000
$5,000,000
Here is how it works: rimar olicy pays
If there is a claim and judgment in the amount of$5 million,then the p Y P
$1 million,and the excess policy pays$4 million.
ment would leave $15
In the case of a company with $20 Million limits, a5 lli in judg another $1 million in
million of excess coverage for that year ($19 Million
e). So, they would still have $16 million available if there is a
primary policy Covera g
second claim.
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In the case of a company with $5 Million limits, $0 of excess coverage would remain f
thatyear($4 Million-$4 Million),but there would be another$1 million in prima of or
coverage. So, they would have$1 million available if there is a second claim. rYp icy
And, in the case of a company with less than$5 Million limits,there would not be enou
insurance coverage to cover the judgment. gh
Punitive Damages Coverage
Juries may provide for two types of payments for damages: actual damages and punitive
damages. Punitive damages judgments are in addition to the judgment for actual damages.
Even when punitive damages are limited by state law, they can be extremelyg
instance, if state law limits punitive damages to two times (2x) actual damages, his can still
be a very large number. Since cases exist where medical bills alone (included in actua
damages)were over$2 million,this limited"punitive damages number could potential) b 1
over $4 million, with a total judgment of over $6 million (actual damages + y e
damages). g punitive
As with Professional Liability,liability insurance policies often have an exclusion forunitiv
damages. When a policy includes coverage for punitive damages the exclusion clause o
is e
in the policy. So, rather than stating in the positive that punitive damages are covered f
a
Policy includes coverage for punitive damages if the policy does not contain the exclusion
n
Excess Policies follow the form of the Primary Policy
The coverage provided by Excess policies is determined by the coverage that is provided
the Primary Policy(GL Policy). So,the language of the Primary Policy is what is im or by
determining what is covered and what is not covered, and the details of the coverageent in
not be spelled out in the Excess Policies. may
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Chicagoland Pool Management
SWIMMING POOL MANAGEMENT AGREEMENT
This Agreement, between Chicagoland Pool Management(the"Company") and Oak Brook Bath
and Tennis Club (the "Customer"), is to provide for the staffing,water chemistry maintenance and
cleaning by the Company at the Customer's pool located at, 800 Oak Brook Rd,Oak Brook IL,
60523, in accordance with the specifications, conditions,and terms set forth herein. Company has
no duties with regard to pool or facilities other than those explicitly stated herein.
1. EFFECTIVE DATE. This Agreement,when executed by both parties hereto, shall become
effective on March 1,for the 2022 Pool Year,extending through October 31, 2022.
About Us
We're a local company that is part of The Pool Management Group family of companies.
From advanced lifeguard training and testing,to our national back up team for key personnel,to
industry thought leadership, our customers receive the rewards of a large national company
combined with our local expertise.
As a result,we are able to provide high levels of quality,safety and risk reduction.
2. PERSONNEL. Company will provide pool staff, including lifeguards,for operation of Customer's
pool. The Company will provide training and testing of the lifeguards working at Customer's
facility that significantly exceed the industry norm.
*Please see Section 5 for more details on personnel.
3. INSURANCE/LIABILITY. The Company will maintain a comprehensive insurance package
including General Liability, Professional Liability& Punitive coverage with $20 million dollar limits.
While this is a significant limit,Company asserts it is a requirement and not an extravagance, as
pool accident judgments have been awarded for multi-millions.
The Company agrees to maintain, at a minimum,$20 million liability insurance coverage for the
length of this Agreement.
*Please see section 6 for more information on liability insurance
4. VALUE ADDED SERVICES. Service components well beyond the standard pool management
services are provided as part of this Agreement.
Value Added Services Description
Advanced Lifeguard Training Proprietary training is given to our lifeguards and goes beyond the standard
lifeguard training. Training focuses on critical risks and dangers that many
pool operators are not even aware of. Topics include advanced scanning
techniques, lifeguard distractions,bodies disappearing underwater and
more.
On-line Lifeguard Training Through The Pool Management Group, our advanced training is
administered on-line with custom video and audio learning. This
proprietary on-line system has testing throughout to ensure lifeguards view
and are tested on all material.
Summer Safety Campaign Posters are placed at facilities (and information posted on-line) as part of
our annual pool safety campaign aimed at pool patrons. The safety
campaign is designed to increase awareness of pool hazards and prevent
drowning.
Body on the Bottom Testing Proprietary testing is completed at pools throughout the season to enhance
lifeguards' ability to identify and save bodies underwater.
National Safety Advisors Collectively,with The Pool Management Group family of companies,we
contract with prominent safety advisors to ensure our water safety
standards remain at high levels.
National Back Up Team In the event of a need,we will utilize back up personnel available through
The Pool Management Group. From President to pool technician positions,
our team is backed up in the event of injury or other emergency.
National Parts Sourcing When local parts distributors do not carry a part needed to keep your pool
up and running,we will utilize the support team at The Pool Management
Group for a nationwide search to find the right part and order it promptly.
Up to Date Information Through The Pool Management Group, important governmental decisions
and water safety developments are monitored so we can provide accurate
timely information.
Risk Reduction Our safety and training standards increase safety and reduce risk at your
pool. However,even at the safest pools,accidents can happen,so we carry
Professional Liability Insurance with$20 million of coverage.
5. PERSONNEL.
(a) All Company personnel who will work at the Customer's pool in fulfilling the terms
of this Agreement, including all lifeguards,shall be employed solely by the
Company and be employees of the Company. No lifeguard shall be engaged by
the Company as an "Independent Contractor"to fulfill the terms of this
Agreement.
(b) All lifeguards employed by the Company shall have the minimum standard
American Red Cross Basic Lifeguarding Certificates or Lifeguard Training
Certificates, or the equivalent, as well as Professional Rescuer CPR, and then shall
go through Company's proprietary lifeguard training and testing which provides
knowledge and awareness well beyond the industry standard.
(c) Company is solely responsible for selecting competent and qualified lifeguards for
the safe operation of the Customer's swimming pool.
(d) Personnel will be trained by the Company. Personnel not performing up to the
standards of the Customer will be replaced by the Company within 24 hours.
(e) Company is responsible for exercising control over the activities performed by the
lifeguards. Lifeguards will be supervised by Company management personnel.
(f) The Company agrees to pay the following for Company's employees, including all
lifeguards:
Wages
Income tax withholdings
Social Security withholdings
State unemployment insurance
Federal unemployment insurance
Workmen's Compensation insurance
(g) 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 Customer and minimum
safety standards as established herein. Customer agrees to support Company's
lifeguards in enforcing the rules with Customer's patrons.
(h) Whereas, Company has responsibility for providing lifeguards,water chemistry
maintenance and cleaning of Customer's swimming pool,various Company
personnel will be responsible for the following duties:
(1) Lifeguarding main pool.
(2) Checking water chemistry and recording readings every two(2) hours.
(3) Maintaining chemical balance of pool water.
(4) Vacuuming pool frequently enough that the pool is always clean.
(5) Cleaning tiles around pool edge.
(6) Backwashing filter system.
(7) Checking and recording filter pressure gauge readings and flow meter
readings daily. Taking corrective measures as indicated.
(8) Cleaning bathhouse throughout the day.
(9) Cleaning swimming pool area.
(10) Emptying trash.
(11) Straightening deck furniture.
(12) Replenishing janitorial supplies in bathhouse.
(13) Enforcing rules of the Customer for safety and convenience of Customer's
members.
(14) Assisting Customer in collecting guest fees and monitoring membership, as
long as the task does not interfere with lifeguarding.
(i) Whereas,Company will invest substantial resources to train and convey
information concerning operational techniques and management procedures to its
employees at Customer's facility and Customer acknowledges that such
information and investment is a valuable asset of Company's business, Customer
agrees not to hire or consult (without the prior written consent of Company) any
employee or former employee of the Company for a period of one year from the
date of expiration or cancellation of this agreement.
6. INSURANCE/LIABILITY. The Company shall maintain and keep in full force the following
coverage:
(a) Professional Liability Insurance and General Liability Insurance in the
amount of$20,000,000.
(b) Worker's Compensation insurance covering all persons engaged on behalf
of the Company in the performance of the terms of this Agreement.
Company agrees to indemnify and hold Customer, its officers, committees, and agents harmless
from and against any claims caused by or arising out of the acts,omissions and/or negligence of
the Company or its employees. This indemnity does not require Company to indemnify Customer
for Customer's own negligence.
Company agrees to supply copies of the Certificates of Insurance to the Customer verifying the
above-mentioned insurance coverage. It is the responsibility of the Customer to provide all other
insurance coverage.
Except due to acts of omission or negligence on the part of the Company or its employees,
Company assumes no liability for damage or injury to persons or property arising from or caused
by Acts of God. Except as to the employees of Company, Company assumes no liability for damage
or injury 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.
Company shall not be held liable for any damages resulting from faulty equipment, mechanical
failure,weather,flooding,or defective workmanship or design by others. Company accepts no
responsibility for hydrostatic lifting. Any risks associated with draining the pool shall be solely the
Customer's.
The Company shall not be liable or responsible for any injuries or damages that arise at any time
that is not within the hours of operation as stated in this Agreement,except for additional hours
for which Company is contracted according to the terms of this Agreement.
The Company shall not be held liable for any personal effects of any person or persons utilizing the
pool facilities.
The Customer shall maintain and keep in full force and effect the following coverage:
(a) Premises Liability Insurance.
(b) Comprehensive General Liability Insurance in the amount of
$1,000,000.00 each accident and $1,000,000.00 each person.
7. OPENING. Company agrees to make pool "ready to swim" by completing the following
services,where applicable (includes Main Pool,Wading Pool and Dive pool):
(a) Start up equipment.
(b) Order, store, and inject all necessary chemicals to establish proper
levels for:
free chlorine
total alkalinity
pH
calcium hardness
cyanuric acid
(c) Vacuum pool.
(d) Clean pool enclosure area.
(e) Inspect chemical feeders.
(f) Inspect all filtration equipment.
(g) Inspect flow meters, pressure gauges, and valves.
(h) Mount diving boards, guard chairs, and ladders.
(i) Remove pool furniture from storage, clean,set out around pool area.
(j) Inspect and re-supply water testing supplies.
(k) Inspect underwater lights.
(1) Perform requisite repair work as needed and authorized by Customer(see"Repair
Work").
(m) Remove,clean, and store Customer's pool cover at Customer's pool.
(n) Drain and clean pool, if applicable.
PRE-SEASON STAFF MEETING WITH STAFF. At Customer's request, Company's designated Pool
Manager shall meet with Customer's representative prior to opening day. The Pool Manager and
all lifeguards, as feasible,will meet with Customer's representative.
PRE-SEASON SWIMMING POOL REVIEW MEETING. At the Customer's request,Company will walk-
through with a representative of the Customer prior to opening to develop a list of items needed
for operation of the pool and to review items identified by the Health Department as deficient
from the previous year. Company shall stand ready, at the Customer's request,to perform repairs
needed for compliance with Health Department regulations. The cost for any such repairs shall be
additional to the price of this Agreement.
MINIMUM FACILITY STANDARDS. Customer agrees and acknowledges that it is the Customer's
responsibility to maintain Customer's pool, equipment and associated facilities within established
minimum standards. The rules and codes of the local health department having jurisdiction over
Customer's pool,the National Electrical Code, and the Virginia Graeme Baker Pool and Spa Safety
Act shall be included as minimum standards.
8. POOL OPERATION. Company agrees to furnish certified lifeguards and other personnel as
contracted herein to operate the pool on the following schedule:
This space left blank
DATES OF OPERATION:
The pool will be open on the following days:
May 28 through September 5
HOURS OF OPERATION:
Lap Pool Wading Pool Diving Well Beach
Early season
10:00 a.m.-7:00 11:00 a.m.-8:00 11:00 a.m.-8:00 12:00 p.m.-6:00
May 28-May 30 p.m. p.m. p.m. p.m.
4:00 p.m.-8:00 11:00 a.m.-8:00 11:00 a.m.-8:00 4:00 p.m.-6:00
May 31-June 3 P.M. p.m. p.m. p.m.
Regular Season
June 4-August
14
11:00 a.m.-8:00 10:30 a.m.-6:00 11:00 a.m.-8:00 12:00 p.m.-6:00
Monday-Friday p.m. p.m. p.m. p.m.
Saturday- 10:00 a.m.-8:00 10:00 a.m.-6:00 10:00 a.m.-8:00 12:00 p.m.-6:00
Sunday p.m. p.m. p.m. p.m.
Exception
10:00 a.m. 5:00 10:00 a.m.-5:00 10:00 a.m.-5:00
July 3 and July 4 p.m. p.m. p.m. Closed
Late Season
Aug 15-Sept 4
4:00 p.m.-8:00 4:00 p.m.-8:00 4:00 p.m.-8:00 4:00 p.m. -6:00
Monday-Friday p.m. p.m. p.m. p.m.
Saturday- 10:00 a.m.-7:00 10:00 a.m.-6:00 10:00 a.m.-7:00 12:00 p.m.-6:00
Sunday p.m. p.m. p.m. p.m.
10:00 a.m.-7:00 10:00 a.m.-6:00 10:00 a.m.-7:00 12:00 p.m.-6:00
Labor Day Sept 5 p.m. p.m. p.m. p.m.
Swim Team Practice:9:00 a.m.—11:30 a.m. and 4:45 p.m.—5:45 p.m.through the 3`d week in July.
STAFFING:
• One (1) Manager or Assistant Manager will be on duty during all hours of operation specified
in this Agreement. The Manager will not be assigned duties as a lifeguard unless unusual
circumstances present themselves. The Assistant Manager,when functioning as the Manager,
will not be assigned duties as a lifeguard unless unusual circumstances present themselves.
The Assistant Manager will be assigned as a lifeguard only during the times of operation when
the Manager is on duty.
• Five (5) Lifeguards will be provided during the normal hours of operation to guard the lap pool,
wading pool, and diving well.
• One (1) Lifeguard will be provided from 9:00 a.m.to 11:00 a.m. on days when swim team
practice occurs.
• One (1)Attendant will be provided for the beach during hours of operation.
• One (1)Attendant will be provided for the front desk during pool hours of operation.
Customer agrees to indemnify and hold Company harmless for any claims arising from the use of
the pool(s) other than during those times specified above, except when such claims are the result
of acts of omission or negligence of the Company.
On days when attendance at the pool is very low,Company may reduce the number of lifeguards
on duty to as few as Four.
SAFETY BREAK or ADULT SWIM. Customer shall notify Company as to whether they will have a
Safety Break or an Adult Swim every hour.
Safety Break: Once every hour the pool will be completely cleared for a period of ten minutes.
During this break, lifeguards will not be on duty,the pool will be closed, no one may use the pool
and the lifeguards shall not be responsible for supervising the pool.
Adult Swim: Once every hour the pool will be cleared of all children for a period of ten minutes.
During this break, lifeguards will not be on duty and only patrons who are 18 years old or older
may use the pool. During Adult Swim the lifeguards shall not be responsible for supervising the
pool or for anyone using the pool.
VANDALISM. Additional reasonable charges for cleanup required as the result of vandalism, and
approved by the Customer, shall be paid by the Customer to the Company. Any vandalism shall be
reported to the Customer's designated representative immediately upon discovery.
SUPERVISION. Company management personnel will inspect the pool at least two times each
week during the full-time operation of the pool. Additional inspections and/or visits to the pool
will be made by Company's management personnel as needed in order to assure Customer's
satisfaction.
POST CLOSING DAY STAFFING. At the request of the Customer,the Company may, if staff is
available,staff and maintain the pool and provide all necessary services to allow swimming with a
Lifeguard on duty after the last day of operation specified above (Closing Day). The Customer will
notify Company at least two (2)weeks in advance concerning post-Closing Day openings. The cost
for post-Closing Day operation shall be billed to the Customer at the prevailing rate,which may
change from year to year. The current cost is$85.00 for each day(including days the pool is
closed)from Closing Day through the final day the pool is open for swimming, plus $29.00 per
Lifeguard hour for time worked on or before September 18. The cost for Lifeguard hours worked
after September 18 is currently$29.00 per Lifeguard hour. Amount shall be payable to the
Company on the initial day of post-Closing Day operation. This cost is to be extra to the contract in
addition to the fees as provided hereinafter.
UNSUITABLE WEATHER. On rainy days, if the weather is still unsuitable for swimming at 6:00 p.m.,
the pool will be closed for the day. Additionally, if the weather is unsuitable for swimming before
6:00 p.m.,the pool will be closed,with no refund due to the Customer. Weather unsuitable for
swimming includes:
(a) air temperature at or below 68 degrees Fahrenheit
(b) heavy rain
(c) severe weather
Company will work with Customer to reopen pool if weather becomes suitable for swimming early
enough in the day.
AFTER-HOURS EVENTS. The Company will provide lifeguards for after-hours events subject to the
following:
Lifeguard hours provided by the Company, other than those specified in this Agreement, shall be
billed to the Customer at the prevailing rate.
Company shall provide no lifeguard beyond the hour of 11:00 PM.
For after-hours events,the Customer is not required to use Company lifeguards;however,
Customer assumes full responsibility and liability for the pool in the event any individuals are
within the pool area when the Company lifeguards are not scheduled to work. Customer agrees to
indemnify and hold Company harmless for any and all claims for damages or injuries, or both
arising from the use of the pool during hours other than those specified in this Agreement unless
Company's lifeguards have been scheduled according to the policies set forth herein.
For after-hours events,for which the Company is to provide lifeguards,the Customer is
responsible for giving the Company seven (7)days' prior written notice as to:
(a) The time and date of the event.
(b) The number of people who are scheduled to attend.
(c) The general age group of the people scheduled to attend.
(d) Whether alcoholic beverages will be permitted at the event.
(e) Any special admission instructions.
The following scale shall be used to determine the number of lifeguards required at an after-hours
event:
Number of People Expected
At Pool Number of Lifeguards Required
1 to 25 5
26 to 50 5
51 to 75 5
76 to 100 5
101 or more 5, plus one (1) more for each
additional 25 people or portion
thereof. Example: 153 attendees
would require 7 lifeguards.
One additional lifeguard shall be required for any teenage event,college age event, or for any
event involving alcoholic beverages. Customer agrees to provide one adult chaperone for each ten
(10) people at a teenage or college age event. The Company will not schedule lifeguards for any
fraternity parties.
Billing shall include any time spent cleaning up after use by any special group or party. The
Customer shall make payment of fees to the Company within ten (10) days after billing by
Company.
9a. WADING POOL. Company is providing a lifeguard for the wading pool. Company agrees to
clean the wading pool, maintain water chemistry and backwashing filter.
9b. DIVING POOL. Company is providing a lifeguard for the Diving Pool. Company agrees to clean
the diving pool, maintain water chemistry and backwashing filter.
9c. BEACH. Company has no duties with regard to the Beach other than cleaning the beach area.
Company will provide attendant only.
BEACH SAFTEY. Company is not providing Lifeguards and has no responsibility for safety at
the Customer's Beach. Company shall not be responsible for any injury or loss resulting
from use of the beach. Customer agrees to indemnify and hold Company harmless from
any and all claims for damages or injuries,or both resulting from the utilization of
Customer's Beach, except those claims for damages or injuries resulting from the
negligence of Company and its employees.
10. CLOSING. The pool will be considered closed to swimmers at end of the day on the last day of
operation as specified in Section 8 and Company will close the pool as soon after that date as
Company deems possible. The Company will complete the following services,where applicable:
(a) Pump pool water to correct level.
(b) Prepare pool and pool plumbing lines for freeze protection; Company agrees to
use common and accepted winterization techniques. Company will repair any
freeze damage at Company's expense,with the exception of damage due to
circumstances beyond the Company's control. If a contractor is to be selected to
complete a repair under this warranty,only the Company has the right to choose a
contractor.
(c) Add anti-freeze to appropriate fixtures.
(d) Drain pumps and hair/lint strainer.
(e) Backwash and drain filter tanks.
(f) Open all valves to appropriate settings.
(g) Remove and store skimmer parts.
(h) Remove and store all movable ladders, lifeguard chairs, and diving boards when
required for closing pool.
(i) Clean chemical feeders.
(j) Drain and store hoses.
(k) Lubricate filter system valves.
(1) Add winterization chemicals to pool.
(m) Install Customer's cover, if applicable.
(n) Store pool furniture at Customer's pool.
11. WATER QUALITY. Company will be responsible for maintaining the following chemical levels
of the swimming pool water within the tolerances of the local health department while pool is
open to swimmers:
Free Chlorine 1.0 to 4.5 PPM
pH 7.2 to 7.8
Total Alkalinity 80 to 120 PPM
Calcium Hardness 200 to 300 PPM
Chlorine Stabilizer less than 100 PPM
At no time will the water chemistry cause a failure of permission to operate the pool granted by
the local health department. In the event the local health department revokes permission to
operate the pool due to improper water chemistry,Customer shall be entitled to a partial refund
of the contract price set forth herein computed by the following formula:
Number of days closed times the average daily portion of the contract
price (total price divided by number of days pool is to be in operation as
determined by this Agreement).
All of the foregoing notwithstanding however,the Company shall be excused from maintaining
water quality as established herein and the Customer shall be entitled to no refund in the event of
any Act of God, repairs, interference by Customer,together with any and all other reasons beyond
the control of Company.
Any work performed by Company shall be subject to the conditions in the "Repair Work" provision
of this Agreement.
12. REPAIR WORK. During the term of this Agreement,the Company recommends compliance
with the Virginia Graeme Baker Pool and Spa Safety Act. The Company also recommends that
Customer have its pool inspected annually by a licensed electrician and have all recommended
electrical repairs completed by the inspecting electrician. During the term of this Agreement,the
Company stands ready to perform any other installations or repairs needed to preserve
Customer's pool aesthetics and/or to comply with State, Federal or local regulations, but Customer
shall have the option of using its chosen contractor to perform any recommended repairs. The
Customer agrees to indemnify, defend,and hold the Company harmless from all claims, injuries,
damages, attorney's fees,and defense costs arising out of 1) repairs or renovations performed by
any entity other than the Company, or 2)the failure to complete a) repair(s)or installations
needed to comply with State, Federal or local regulations,or b)the above-described annual
electrical inspection and recommended repair(s).
Work will be billed as follows:
(a) Any repairs required as the result of error or negligence by Company shall be paid
for by Company with no cost to Customer. Additionally, Company shall reimburse
Customer for volume of water lost as a result of error or negligence.
(b) Company will perform minor repairs to the pool and recirculation system, as part
of the service provided; however,the Customer shall pay for parts and/or
materials.
(c) For repair work or necessary equipment wherein the cost does not exceed
$250.00,the Company shall bill Customer.
(d) Any work or equipment in excess of$250.00 to be provided by the Company or
Company's subcontractors will be provided and billed to Customer. Such work or
equipment shall be provided only upon the authorization of the designated
representative of Customer, or in the event the Customer elects not to have such
work performed or equipment provided, Company may cancel this Agreement if
said election interferes with the Company's ability to carry out its responsibilities
under this Agreement.
13. CHEMICALS AND SUPPLIES.
Company agrees to supply,at its expense:
(a) Chlorine and pH control chemicals throughout the period of this agreement.
(c) Customer shall be responsible for providing, at no cost to Company, other
equipment such as:
Water hoses Life hooks
Pool vacuum heads Trash receptacles
Pool poles Water test kit
Pool vacuum hoses Test kit reagents
Leaf eater First Aid Kit
Rescue tubes First Aid supplies
Ring buoys Pool rules signs
Soap Disinfectant
Paper towels Deodorizer
Toilet tissue Trash can liners
Glass cleaner
For Customer's convenience and for the efficient operation of the pool, Company
will provide and invoice Customer for any of the items listed above that are not at
the pool. Customer agrees to pay invoices for said supplies within thirty (30) days
after invoicing.
(d) Additional chemicals or labor. If additional chemicals or labor are required to
maintain or correct pool water chemistry due to a failure or breakdown of
Customer's equipment, or loss of water due (leak)to a defect in Customer's pool
or recirculation system, Company shall notify Customer of such breakdown or
defect, and if Customer elects not to remedy problem within seven (7) days of
notice, Customer shall pay as an additional charge the reasonable expense of all
said additional chemicals and/or labor. Amount owed for chemicals and/or labor
shall be paid by Customer within ten (10) days after invoicing by Company.
14. OFF-SEASON SERVICE. Off-Season Service is not part of this agreement.
15. INSTRUCTIONS. Swimming instruction may be provided by Company for Customer's members
only. Instruction shall be given by a qualified individual,while not on duty as a lifeguard.
Company shall have rights to swimming lessons at Customer's pool during the term of this
Agreement. All Company insurance as described in Section 6 shall apply to Company's swimming
instructors.
Arrangements for any instruction shall be made between individual requesting instruction and the
Company. Only a member of the Customer's club or homeowner's association in good standing is
eligible to receive instruction from Company on Customer's premises. Any resulting agreement
shall be considered a contract between that individual and the Company;and Customer shall not
be held liable for its enforcement nor for the collection of any fees due Company under the terms
of that contract. Company will share with the Customer any profits after expenses,instructor
fees,etc.at a rate of 25%to be distributed after the swim season ends. Customer will help
assist Company in publicizing the swim lesson opportunities to and throughout Customer's
community.
16. COMPANY'S INDEPENDENT CONTRACTOR STATUS. Company is, and at all times shall be
deemed to be,an independent contractor in the performance of services under this
agreement. Company and its representatives are not, and shall not be considered or permitted to
be, employees, agents, servants,joint venturers or partners of Customer.
17. ACCESS AND UTILITIES. The Customer will permit and maintain free access to the pool site
and, upon signing Agreement, Customer will provide six(6)sets of keys to Company to open any
and all locks required to operate the pool. Company shall keep and safeguard keys and release
keys only to authorized personnel. Keys shall be returned to Customer in the event of termination
of this Agreement.
Customer further agrees to furnish without cost to Company:
(a) Water.
(b) Electricity.
(c) 110 volt electrical outlet in pump room.
(d) Garbage pick-up service.
(e) Lifeguard stand(s)and umbrella(s)for lifeguard stand(s).
(f) Telephone.
(g) A secure and cooperative working environment at Customer's pool.
18. TELEPHONE. Customer shall be responsible for providing an operational telephone (not a pay
phone) accessible to Company's lifeguards at pool site. Consistent with health department
regulations and for the safety of pool patrons the pool will only be open when the pool telephone
is operational.
19. EMERGENCY CLOSING OF POOL. The Customer and/or Company may close the pool in an
emergency situation,whether the emergency be caused by breakdown of equipment,or by other
causes outside of the Company's control;this shall not require any change or adjustment in any of
the provisions of this Agreement. Should a time lapse of more than five (5) days be necessary to
perform repairs and/or restore pool to normal operations,the Company shall refund fifty percent
(50%) of the daily operating cost from the fifth day on a pro-rated basis. For purposes of this
section,the daily operating cost is to be computed at one percent(1%) of the total contract cost
until such time as the pool is reopened for normal operation. If the pool is not reopened for
normal operation within thirty(30) days, Customer may cancel this Agreement by written notice to
Company.
20. CANCELLATION. The Customer shall have the right to cancel this Agreement based on
Company's non-performance of duties and responsibilities as follows:
(a) Customer shall notify Company by certified mail of any problem regarding
performance as detailed in this Agreement. Company shall have 48 hours
following notification to remedy stated violation of contract.
(b) If Company fails to remedy violation and continues to not perform as detailed in
this Agreement; Customer may terminate Agreement by providing five(5) days'
written notice to Company by certified mail.
(c) In the event that Customer terminates this Agreement by the procedure stated
above,the Customer shall either be entitled to a refund for money paid in advance
or shall be responsible for a balance owed to the Company. Refund to be
computed as follows:
A daily portion of the contract price shall be computed by dividing
the total contract price by the number of days pool was to be
open to members as determined by this Agreement. This daily
price shall be multiplied by the number of days pool was operated
under this Agreement. That amount shall be subtracted from the
total amount of contract price paid to Company by Customer as of
termination date. The resulting figures shall either be the refund
to which the Customer is entitled or remaining balance owed to
Company.
(d) Refund or balance owed shall be paid within five (5) business days after
termination.
21. MISCELLANEOUS.
(a) The Company may display a sign on the pool premises designating the
responsibility to the Company for the quality of the pool and the performance of
the pool staff.
22. PROPOSAL EXPIRATION OPTION. This contract is voidable at the Company's option if not
executed by the Customer and returned to the Company by March 4, 2022.
23. PAYMENTS. The Company hereby proposes to perform the work and services set forth above
for the price of $163,807.00, upon the specifications, conditions and terms as set forth herein.
Payments by Customer to Company shall be made in accordance with the following schedule:
(a) One percent (1%) upon signing of Agreement $1,638.00
or the annual renewal date of this Agreement.
(b) Nine percent(9%) on or before February 1 $14,743.00
of each year.
(c) Fifteen percent(15%) on or before May 1 $24,571.00
of each year.
(d) Twenty-four percent (24%)on or before June 1 $39,314.00
of each year.
(e) Twenty-six percent(26%) on or before July 1 $42,590.00
of each year.
(f) Twenty percent(20%)on or before August 1 $32,761.00
of each year.
(g) Five percent(5%) on or before September 10 $8,190.00
of each year.
TOTAL: $163,807.00
Payments are due as indicated above. All payments as specified above, not made on or before ten
(10) days after the due date shall be subject to delinquent payment fees of 1% per month, or any
part of a month, of the amount due or any portion thereof. Payments for repairs, equipment or
labor, not made on or before thirty (30) days after the due date shall be subject to delinquent
payment fees of 1% per month, or any part of a month, of the amount due or any portion thereof.
In the event payments are not received within ten (10) days from the due date for contract
payments, and thirty (30) days from the due date for other payments, the Company shall have the
right,at its option,and within its sole discretion to suspend,until all overdue payments are received,
or terminate its services under this Agreement and in either case to withdraw and remove all
personnel from Customer's pool facilities without any further or additional notice to Customer.
During a period of suspension or after termination, control of the pool and premises will be
surrendered to the Customer and,if operated,it is at the Customer's sole risk and liability. Customer
agrees to indemnify and hold Company harmless for any claims arising from the use of the pool(s)
during a period of suspension or after termination due to payment(s) not being received on time.
Any such suspension or termination notwithstanding, Customer shall be fully responsible for all
payments provided herein.
In the event that Company elects to pursue collection of any amounts due under this Agreement,
Customer shall pay all said amounts, together with interest at the rate of 12% 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.
24. CUSTOMER CONTACTS:
PRIMARY CONTACT:
Name
Title or Position:
Street
City State Zip
Telephone ( )
Email:
PRESIDENT:
Name
Street
City State Zip
Telephone ( )
Email:
TREASURER:
Name
Street
City State Zip
Telephone ( )
Email:
BILLING ADDRESS:
Name
Street
City State Zip
FACILITY INFORMATION:
Name
Street
City State Zip
Telephone ( )
25. EXTENSION OF CONTRACT. This Agreement shall not automatically renew upon the
expiration of the contract period.
26. GOVERNING LAW. This Agreement shall be governed by the laws of the State of Illinois.
27. STRICT COMPLIANCE. No failure of Company to exercise any power or right granted
hereunder or to insist upon strict compliance by Customer with its obligations and duty hereunder
shall constitute a waiver of Company's right to demand strict compliance with the provisions
hereof at any time.
28. TIME OF ESSENCE. Time is of the essence of this Agreement.
29. ENTIRE AGREEMENT,MODIFICATION, BINDING EFFECT. This Agreement constitutes the
entire agreement of the parties and supersedes 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 upon and enure to the benefit of
the Customer and Company and to their respective heirs,successors and assigns.
30. RIGHTS CUMULATIVE. All rights and powers under this Agreement shall be cumulative and,
except as otherwise provided herein, shall be in addition to any and all other provided at law or in
equity.
31. EXTENSIONS. Unless other agreed to by Customer and Company in writing,the terms of this
Agreement shall apply to all extensions and renewals hereof.
32. 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.
33. ATTORNEYS FEES. In the event of any legal proceeding or arbitration between the parties,
each party shall be responsible for paying its own attorney's fees.
34. COMPANY'S OPTION IN THE EVENT OF INCREASE IN COSTS. If there is an increase of ten
percent (10%) or more in any cost aspect (including necessary increases in wages paid to pool
staff) relating to this proposal,Company may present to Customer a reasonable increase in the
price of this Agreement based solely on Company's additional cost of providing the services
provided for herein. Customer may, at its sole option, choose to refuse to pay an increase in
price. In the event the Customer elects not to pay the increase,this contract may be terminated
with 10 days written notice to Customer at the sole option of the company.
35. COMPANY'S OPTION IN THE EVENT OF CHANGE IN LAWS. If there is a change in local, state,
or federal law concerning any cost aspect relating to this proposal,the company may present a
new contract amount to Customer,which new Contract shall supersede and replace this
Agreement. Customer shall have 30 days from the date of receipt of the new contract in which to
accept or reject the new contract. In the event the Customer elects to reject the new contract,
this contract may be terminated at the sole option of the company.
36. ACCEPTANCE. Acceptance of this Agreement by Customer and Company through signatures
below will constitute a contract entered into in accordance with the specifications,terms and
conditions and addenda attached hereto.
Chicagoland Pool Management
By:
Officer
Oak Brook Bath and Tennis Club
By:
Title of Officer:
Attest:
Title of Officer:
Date:
C. Proposal Form
In compliance with this Request for Proposals, and subject to all conditions thereof, the undersigned
offers and agrees, if this proposal is accepted, to furnish the services as outlined herein for the Village
of Oak Brook, subject to modification through negotiations. The time and material, not to exceed, cost
Proposed shall include all anticipated expenses.
Time and Material (including expenses) Not-to-Exceed Cost to conduct the Oak Brook Bath &
Tennis Club Aquatic Management Services for the 2022 Pool Season as indicated in the Scope
of Services
$163,807.00
$
Alternate Proposal:
1) Not-to-Exceed Cost to conduct only the aquatic facility management (pool check-in,
lifeguarding, day-to-day operations, etc.) for the Oak Brook Bath & Tennis Aquatic Facility for the
2022 Pool Season
$ $140,676.00
2) Not-to-Exceed Cost to conduct only the maintenance and repair services, supply pool
chemicals, and open/close services the Oak Brook Bath & Tennis Aquatic for the 2022 Pool
Season
Include with your proposal a spreadsheet indicating the hourly rates, estimated expenses, and any other
anticipated costs that are included in the above NTE cost.
Also, include a full narrative that describes your overall process for maintenance and repair, and lifeguard
services.
jAworddoc\rfp\2021 rfp\aquatic services.doc Page 16
Firm Name: Chicagoland Pool Management
Address: 1612 Ogden Ave
City, State, ZIP:
Lisle, IL, 60532
Signature:
Name Printed:
Kurtis Bailey
Title: General Manager
Telephone: 773-617-8999 Date: 1/12/2022
If a Corporation:
ATTEST:
Secretary
jAworddoc\rfp\2021 rfp\aquatic services.doc Page 17
s a
E. Proposals Certification
I sworn an oath, deposes and states that he has the authority c o make
being first duly or sery y
The undersigned, 9 product, commodity,
this certification on behalf of the proposer for the construction, p
described as follows:
ubuatic Management Services"A !I
"Oak Brook Bath & Tennis CI q
1) The undersigned certifies that, pursuant to Chapter din72on this caion 5/33E of the g Bement because of is conviptiotl
Statutes, 1993, the proposer is not barred from 9
for the violation of State of Illinois laws prohibiting bid rigging or bid-rotating.
2.1-1 of the
linois
2) The undersigned states under oath that, pursuant to
aptthe payment of any ter 65, Section tax adm nisterled by
Compiled Statutes, 1993, the proposer is not delinquent
the Illinois Department of Revenue.
3) The undersigned certifies that, pursuant to Chapter 775, Section 5/2-105. of the Illinois Compiled
Statutes, 1993, the proposer has a written sexual harassment policy in place including the
following information:
a) An acknowledgment of the illegality of sexual harassment.
b) The definition of sexual harassment under State law.
c) A description of sexual harassment, utilizing examples.
d) The Consultant's internal complaint process including penalties.
e) The legal recourse, investigative andcomplaint process
Commiavailable through the Illinois
Department of Human Rights and the
Human f) Directions on how to contact the Department or the Commission.
This business firm is: (check one) Partnership Individual
X Corporation
Firm Name:
Chicagoland Pool Management
Address:
1612 Ogden Ave
Lisle, IL, 60532
City, State, ZIP:
Signature:
Kurtis Bailey
Name Printed:
Title:
General Manager
1/12/2022 ,
773-617-8999
Telephone: Date: f
Page 21
j:\wordd0c\rfp\2021 rfp\aquatic services.doc
F. Sexual Harassment Policy
Chicagoland Pool Management hereinafter referred to as"Proposer' having
submitted a bid/proposal for Oak Brook `h and Tannic Aquatics-to the Village of Oak Brook,
DuPage/Cook Counties, Illinois, hereby certifies that said Consultant has a written sexual harassment
policy in place in full compliance with 775 ILCS 5/2-105(A)(4) including the following information:
1) An acknowledgment of the illegality of sexual harassment.
2) The definition of sexual harassment under State law.
3) A description of sexual harassment, utilizing examples.
4) The Proposer's internal complaint process including penalties.
5) The legal recourse, investigative and complaint process available through the Illinois Department
of Human Rights and the Human Rights Commission.
6) Directions on how to contact the Department or the Commission.
7) An acknowledgment of protection of a complaint against retaliation as provided in Section 6-101 of
the Human Rights Act.
Each consultant must provide a copy of such written policy to the Illinois Department of Human Rights
upon request.
By:
Authorized Agen f Proposer
Subscribed and sworn to
before me this day
of , 2022.
Notary Public
I.
is\worddoc\rfp\2021 rfp\aquatic services.doc
Page 23
Katie Black
Village Field Club
1651 Forest Road
La Grange Park, IL 60526
(630) 240-7440
December 12, 2019
Dear Sir/Madam,
I am writing this letter to recommend the Chicagoland Pool Management Company to provide services
for your facilities. For the past three years the VFC has used CPM to manage our pool and facilities.
They have worked closely with the board to improve all aspects of our pool, grounds and running of our
club. r
When we brought Chicagoland Pool Management on to manage our club,there was a lot of work to be
done. The previous management company had failed to meet our needs and had left behind a lot of
issues that needed to be fixed. CPM was able to work with the board to identify the issues, offer
solutions and then work to correct them. Since CPM started working with our club and its board,we
have seen improvement in the state of our pool and grounds,the entry into the club has become more
organized and efficient and the pool looks clear and inviting.
The Village Field Club is a large pool with over 400 families. We have the pool and a large field for
hanging out. Chicagoland Pool Management has done an amazing job stepping up to ensure that not
just the pool looks amazing, but the whole grounds. If there are any issues,they are quick to respond
and find a solution. CPM has a large and dedicated staff. They quickly respond anytime something
needs to be fixed, replaced or removed. For example,when we had a leak in the pump room,the
management company arrived quickly and early to fix the issue and we were able to reopen the pool
without too much delay. Our members were grateful for the fast response and attention to the
problem.
Finally, Chicagoland Pool Management goes above and beyond for us. The lifeguards are a part of the
VFC family and are always eager to help with activities and other social events we host. They have
helped with tie-dying activities, Gaga Ball tournaments, pool games and so many other activities. The
VFC board would not be able to do a lot of the activities we plan without the help of the lifeguards and
the management company.
I highly recommend Chicagoland Pool Management for your management needs. I have had a good
experience with them over the past three years and continue to work with them in the years to come.
E.
Please do not hesitate to reach out if you have any further questions.
Sincerely,
Katie Black
Drew Gaskell
President
Village Field Club .:1c�lE.l�.cc
1651 Forest Rd
La Grange Park, IL 60526
11.17.17
To Whom It May Concern:
The Board of Directors of the Village Field Club hired Chicagoland Poral Management
Company to serve as our management company for the 2016-2017 scason, atter utilizing;
a different company for the previous several seasons.
The decision to hire them was not made lightly, as we are a non-profit member-owned
organization with 425 families.
At the beginning of the season,we stressed our main points of attention to be the safety&
cotnfort of our guests, responsiveness to the Board of Directors and general pool clarity!
cleanliness.
In all areas, CPM exceeded our expectations in comparison to our previous management
company. When problems arose, they found solutions. When the Board had concerns,
they addressed them in a timeiv fashion. We appreciated the open dialogue they
niaintaured with us thoughout the season.
We are very happy with their work and look forward to a continued, strong relationship
in 2018 and beyond.
Sincerely,
Drevv Gaskell
(�lrv:�vrta�"i id+/t;t.'21iitPl.�ianl)
Chambord Swim And Tennis
Dear Kurtis,
Thank you again for an excellent swim season. We treasure the reliability and professionalism of your
staff. Year after year,you have met all our expectations and worked swiftly to answer and solve all
matters. We appreciate the unified effort Chicagoland Pool Management has provided in maintaining
our pool and providing reliable pool guards. Thank you for being flexible and caring enough to help us
meet the needs of our Members. We consider you a true partner and look forward to continuing a
great relationship with you and Chicagoland Pool Management.
Sincerely,
Donna LaMontagna
The Acacia Association
111 Cascade Drive, Indian Head Park,Illinois 60525-4496
Phone:708-246-2400 Fax: 708-246-3495
E-mail:acaciaihl2gymaii.com
htt L.UW w.acacia-ihp.org
Recommendation for Chicagoland Pool Management
We are a self-managed Townhome Community in the western suburbs. After years of
managing the pool on our own we decided to contract out for our pool management needs.
After accepting bids from 3 companies we choose Chicagoland Pool Management for their
services.
The highlights of our relationship with Chicagoland include:
• They were willing to hire guards that we had employed previous to the contract.
• They did all the hiring, kept all records for state inspections and safety issues, were
responsible for insurance and all payroll.
• They provided all training needed for guards, had very specific retraining policies
throughout the summer months.
• They were flexible with our staffing needs and made changes that we identified.
• They were willing to work with our Board-of Directors and agreed to train all guards to
follow rules that our Board had adopted.
• They have always been very responsive to any problems with guards and/or managers
that we have had.
Overall it has made the management of the pool easier for our Board of Directors—taking us
out of the daily responsibilities that are involved in having a swimming pool as part of our
Association.
Acacia Association
4
P
Iliiinge on tile T4skr Nonteoirners' Association
10/4/15
To whom it may concern,
As a property manager for a large condominium complex in Elk
Grove Village, I have worked with Chicagoland Pool
Management for the past three swim seasons. Chicagoland's
best quality is their customer service. They are responsive and
ate � � �tnijy + is it lClItrle, kadd2ssigaicolt.oLsWetiicj
have. They notify us of potential issues (and provide
reasonable solutions) before they blossom into larger
problems. Their lifeguards treat patrons with care and respect
and are dedicated to the safety and cleanliness of our facility.
They strive to work harmoniously with our condo support staff
and pool maintenance company. Dave and his crew take pride
in their work and, if given the opportunity, wouldn't let you
down.
j Kelsey Elgas, LMCA
Managing Agent for Village on the Lake Homeowners Association
INSTON VILLAGE ASSOCIATION
"6i8 ploy Drt,re
Bolingl;rook, IL 60440
630.7319-1530
November 12. 2D14
letter of Recommendation for r l"icagoiand Pmol Management
Chicagoland Pool has managed our pool for over five years. During that time l have
found there to be very responsive to our needs. Our poral is always clean and the
equipment is very well maintained. The wards and staff;are very efficient, professional,
and polite. They keep ins informed on safety issues, and our concerns are arrays
promptly addressed. The company is very easy to work with.
At our request. they have extended our current contract through 2016.
Please feel tree to contact me wrtt, any questions regarding Chicagoland Pool
Management
Thank you,
Jack Rocqe, CMCA. AMS
Property Manager
VATAston Village Association
1168 JOY Drive
Bolingbrook, IL 60 440
(630) 739-1530 Office
(630) 739-1525 Fax �
STEEPLECHASE at CHURCHILL CLUB
ttome Owner's Association
David Rubenstein, October 1" 2015
I am the Clubhouse Manager at Steeplechase Clubhouse in Oswego. Illinois. I have
been in this position for almost 9 years now and have multiple companies that have
been our vendor during pool season. I am so glad that we hired Chicagoland for the
2015 pool season. Even though we have only worked with you this past year, I know
we will have a long working relationship with your company. As you know with our
previous vendors; I always had to chase them down to consult about issues and to have
them deal with problems and with your company I never ever had to do that. You made
doing my job here at our clubhouse so much easier. Your employee Russ was easy to
communicate and work with also.
Thank you again for your professionalism.
Beth Lints
Clubhouse Manager
f 5 Bohannon Circle
Oswego, IL 60543
Office: 630-551-1262
Fax: 630-551-1368
steeplecfiaseclub@aft.net
7.15 BOHANNON CIRC=LE
OSINEGO, iL 60543
TEL (6301551-1262 FAX 1630) 551-1368
EMAIL steepiechaseclub aeatt.net
Tlll<+e Gals B eereational Club
( tic•agioland Pool llatss,emnt
N.O. Box.497
Lisle, It 01t;32
lilts: David liabe"fleit
Dear Dave,
Our first year with your team has come to an end and the Oaks Recreational Club Board
of Directors,our members,and i could not be more pleased with your services. As you
know, we were with a different pool management company for many years and were
unhappy with the services they provided. Our experience with your team was
completely different. You promised transparency, increased communication,improved
safety and decreased risks. You delivered on your promises,which were lacking with
our previous company.
You and your team (Todd, Leslie and the guards)have exceeded our expectations and
on a daily basis went beyond what was expected. Everyone was courteous, professional
and responsive to our needs. Our pool and deck were always clean,and you worked
well with us to addrAss any maintenance issues. Even returning guards commented that
being a part of Chicagoland was a positive experience.
Thank you again for providing such a high level of service and helping our members have
a summer of fun at the pool. We look forward to partnering with you for many years to
come in managing our pool.
Sincerely,
Pa4d &vvia
President
P.O. Box 4233 3"S Oakhurst Drive Aurora. 11, "398.0233
MILL CROSSING
Atwust 26. 20 t 3
Chicagoland Pool
P.O. Box 3497
Lisle, II_. 60532
Attn: DaN e
I �kant to thank you for the professional way you managed our pool this season. Your knowledge
of our pool facilities and quick responsiveness on maintenance issues has made this a great pool
seas-on for our homeowners. VVe have received mane compliments on the cleanness of the pool
and the overall enjo,ment of the pool experience.
o appreciated all that you have clone and look forward to next season.
Marlese Hardisty. President ,
Mill Crossing Condominium Association
i Napen ille,Ill
1056 N.Mill St.P 102.Naperville,L 60563 (630)961-1385 L* (630)961-1642 fax
Chicagoland Pool Management
2021 Swim lesson Information
Group Lessons Group lessons are eight half-hour sessions held Monday,Tuesday,Wednesday and Thursday
for two consecutive weeks. Group lessons are a great way for children to learn swimming skills while also
learning to work in a group environment and meet great new friends!!
***all group lessons must have a minimum of 3 participants signed up in order to run
Semi-Private Lessons Semi-Private lessons are offered as a session of 6 half hour classes. They are designed
for 2-3 kids and give you the ability to have create your own group lesson with the fellow kids of your choosing.
They are great for siblings or friends with similar abilities!! Fewer or more can be requested to allow students
to concentrate on specific skills at$20 per child per lesson. Semi-Private Lesson Dates and times are set up
directly between the participant and the instructor. You will be contacted by the lesson coordinator to go over
the specific details of your private lessons.
Private Lessons Private lessons are offered as a session of 6 half hour classes. Private lessons give you the one
on one attention to work on your child's specific needs! Lessons are adapted to the specific skills a child needs to
improve on. They are great for new swimmers who are uncomfortable in the water or for advanced swimmers
wanting to perfect their skills! Fewer or more can be requested to allow students to concentrate on specific skills at
a cost of$30 per lesson. Private Lesson Dates and times are set up directly between the participant and the
instructor. You will be contacted by the lesson coordinator to go over the specific details of your private lessons.
Class Fee Information
* Private Lessons -$160.00 (6 Lessons)
* Semi-Private Lessons-$105.00/per child (6 Lessons)
* Group Lessons-$75.00(8 Lessons)
Group Lesson Level Information:
* Tadpoles—Beginner Level for children over 3 years old
* Frogs—Basic front crawl, kicking and unassisted floating
* Minnows—Basic back crawl, elementary backstroke, breathing and introduction to deep water
* Guppies— Distance Front crawl and backstroke and begin to learn other strokes
* Dolphins—working on all 4 strokes before moving on to beginning level swim teams
To Register Visit www.chicagoland-Pmg.com
For more information, contact Leslie Clark at leslie.clark@chicagoland-pmg.com
EXHIBIT C
INSURANCE COVERAGES
The insurance required in Section 6.0 to the Agreement shall include the following
coverage with limits no less than those set forth below:
Comprehensive General Liability, with all major divisions of coverage in an amount not less than
$1,000,000 per occurrence, and not less than $5,000,000 in aggregate. The policy amount may
be provided through a commercial umbrella policy.
Workers Compensation (with alternate endorsement for the Village) in the statutory amount.
Comprehensive Automobile Liability (owned, non-owned, hired):
Bodily Injury: $1,000,000.00 each person; $3,000,000.00 each accident.
Property Damage: $1,000,000.00 each occurrence. The policy amount may be provided through
a commercial umbrella policy.
Property insurance sufficient to cover the full replacement costs of all materials, supplies, and
equipment used to provide the Services.