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PSA for Pool Management ServicesViLLACE OF OAK BR00K PROFESSiONAL SERViCES AGREEMENT FOR P00L MANACEMENT SERViCES THISAGREEMENTisdatedasoftheLllrbay , 2022 ("Agreement') municipal corporationand is by and beWeen the ViLLAGE OF OAK BR00K,an (“Иilage')and the Consuttantidentried in subsection l A below lN 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. Engaqement of consultant. The Village desires to engage the consultant identifiedbelow@essaryprofessionalservicestoperformtheworkin connection with the project identified in this Agreement: Chicagoland Pool Management, lnc. ("Consultant") 1612 Ogden Avenue, Suite 201 Lisle, lllinois 60532 Telephone: (630) 689-9999 Attn: Kurtis Bailey, General Manager Ema il: kurtis.bailev@chicaeoland-pmg.com B. proiect Description. The performance of professional servicjs related to the management oJ ttr6\riffag"b aqratic center located at 7o0 oak Brook Road, Oak Brook, lllinois t"iqixic center'), inci-uding, but not limited to, pool opening, staffing, pool cleaning, pool iepJir, wint"rization, de-winterization and season-end closing of the Aquatic Center (collectively, .ierUces,1, which Services are more fully described in in Request for _ Propo_sals dated OecemUer'iOZl (Exhibit A), and the pioposal submitted by Consultant (Exhibit B), attached hereto and incorporate herein' C. Representations of Gonsultant. The Consultant will perform the Services. The Consultant,ep@nt,hastheneceSSaryfinancialresources,andis sufficienfly experienced and competent to perform and complete the services in a manner "onrirt"ni *itn the standards of professional practice by recognized firms providing services of a similar nature during the Time of Performance. D. Aoreement Amount. The total amount billed by the Consultant for the Services under this ngr6-erent snatt Oe $t0S,807.00 for 2022 lor Aquatic Management S-ervices provided for in Exhibiti 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 ixhibit B, Secti6n 13, (c) titled "Chemicals and Supplies" are not included in the above and will U" UiifuO separately. 'ihe agre"rent amount include reimbursable expenses, unless this Agr;"r."t is amended prr"rait to Subsection 9A of this Agreement ("Agreement Amount'1 SECTION 2. SCOPE OF SERVICES. A. Retention of the consultant. The Village retains the _consultant as an independent coifllior to perform, and the Consultant agrees to perform, the Services. 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 t, 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 Pertormance'). D. Reoortinq. 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 Openinq Delav. lf there is a delay in opening the pool by May 28, 2022' due to causes outsile of the Vi ageis 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. Aqreement Amount. The total amount billed for the Services during the term of this AgreemenfEEEll not exceed the amount identified as the Agreement Amount in Subsection t D of-tnis Agreement and in the manner shown in Exhibit B, without the prior express written authorization of the Village. B. lnvoices and Pavment. The Consultant shall submit invoices to the Village in an approved formli%Ttnose portions of the Services performed and completed by the Consultant and accepted by the Village. c. claim ln Addition To Aqreoment Amount. lf the consultant wishes to make a claim for compensation for the Se.rvices 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 ifter occrirenc" 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 Subiection 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 Rovalties. The Agreement Amount includes all applicable federal'State,@ndnatureapplicabletotheServicesaswellasa|l taxes, contributions, and premiums foi unemployment insurance, old age or retirement benefits, pensions, annuities, or similar benefits and all costs, royalties and fees arising from the use on, or il.re 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 pnas"J]Gi6l1'a""-It 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 -2- SECTION4. PERSONNEL:SUBCONTRAGTORS. A. Kev Proiect 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. Availabilitv 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 eiployment 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 foi 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 oithi" Agre"ment in the same manner as if performed by employees of the Consultant. For prrposeJ 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. lf any personnel or subcontractor fails to performlfiE-Eervices in a manner satisfactory to the Village, the Consultant shall immediaiely 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. Backqround Check. Consultant shall obtain a consumer report (as that term is defined in tne fair CreOit neporting 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 convittion 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 Nationil Sex Offender Public Registry; the sex offender registries for lllinois, lndiana, lowa and Wisconsin; criminal conviction searches for the states of lllinois, lndiana, lowa and Wisconsin; and criminal conviction searches for the lllinois 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 limilation' the Fair Credit Reporting Act); and (iii) the costs of obtaining the consumer reports. Notwithstanding the foregoing, Consultant shall not permit any individuals to r9nd9r the Services on Village propirty whom are objectively unfit to work in the proximity of individuals younger than eighteei y"ais oia. Consultant shall tender to the Village the consumer report of . each of C6nsultani's personnel assigned to provide the Services on Village property at least hvo business days prior to the individual iommencing his/her provision of the Services, and, thereafter, within -3- 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 tvvo 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. CONFIOENTIAL INFORMATION. A. Confidential lnformation. The term "Confidential lnformation" 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 limltation, 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 lnformation shall nol 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 lnformation bv the Consultant. The Consultant ackno*ledges that it may, in performing the Services for the Village under this Agreement, have access to 6r be directly or indirectly exposed to Confidential lnformation. The Consultant shall hold confidential all Confidential lnformation and shall not disclose or use such Confidential lnformation without express prior written consent of the Village. The Consultant shall use reasonable measures at least as strict as those lhe Consultant uses to protect its own confidential information. Such measures shall include, without limitation, requiring employees and subcontractors of the Consullant to execute a non-disclosure agreement before obtaining access to Confidential lnformation. SECTION 6. WARRANTY: INDEMNIFICATION: INSURANCE. A. Warrantv 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 ih" Tim" oi Performan"". 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. lndemnification. 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 Viliage, 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. -4- C. lnsurance. Contemporaneous with the Consultant's execution of this Agreement, the Consultant shall provide certificates and policies of insurance, all with coverages and limits acceplable to the Village, and evidencing at least the minimum insurance coverages and limits as set forth in Exhibit G 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 Jinancial size category of Class X oi better, in Best's lnsurance 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 ihe 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 lnsurance' D. No personal Liabilitv. No elected or appointed official or employee of the Village shall be person]iilliEEGln law or in contract, to the Consultant as the result of the execution of this Agreement. SECTION 7. RESPONSIBILITIES OF THE VILLAGE' A. Liqhtinq. Heatinq. Power. Water. The Village shall furnish, at its expense, all tignting, neatingl power, hot ano oft water, local telephone services, pest control, trash and girfale disposil io the Aquatic Center. The Village is responsible for having all utilities turned on and removing trash from curbside. B. [eE. 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 Servites, copied, or provided to someone other than a manager of Consultant. bonsultint shall, without regard to the availability or unavailability of any insurance, either of the Village or the Consultant, hdemnify, save harmless, and defend the Village, and its officials, urpioyu"r, agents, and attorneys against any and all lawsuits, claims, demands, damages, liabilities, loss6s, 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 puriuant to this Section 7.8, 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 iole discretion. The Village shall include the following rule in its pool rules: “FOR PURPOSE OF SUPPORTING NON―SWIMMERS: INNER TUBES,WATERVⅥNGS,AND ALL OTHER FLOTAT10N DEVICES ARE NOT PERMITTED AT ANY TIME FOR SAFETY PURPOSES, ONLY A LIFE VEST APPROVED BY THE UNITED STATES 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" SECT10N 8 A. Relationshio of the Parties. The consultant shall act as an independent contractor in prwioing and performing the Services. Nothing in, nor done pursuant to, this Agreement shall be conskued (i) to create the relationship of principal and agent, employer and eirployee, 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 lnterest. 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 AgreemJnt; ili; as ot tfre date oi this Agreement neither lhe 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 asiociated with the Consultant will at any time during the term of this Agreement' obiain 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 coiiE?iiig *ith a unit of state or local government as a result of (i) a delinquency in the payment of any taiadministered by the lllinois Department of Revenue unless the Consultant is coniesting, in aicordance with the procedures established by the appropriate revenue act, its liability for t[e tax or the amount of the tax, as set forth in Section 11'42.1-1 et seq. of the lllinois Municipal Code, 65 ILCS 5t11-42.1-1 et seg.; or (ii) a violation of either Section 33E-3 or Section 33E-4 of Article 33E of the Criminal Code of 1961, 72O ILCS 5/33E-1 ef seq. The Consultant represents that the only persons, firms, or corporations interested in this Agreement, as principals are those disclosed to ihe Village prior to the execution of this Agreement, and that this Agreement is made without collusion with iny other person, firm, or corporation. lf at any time it is found that the consultant has, in procuring this Agreement, colluded with any other person, firm, or coiporation, then the Consultant shall be lirble 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 Policv. The Consultant certifies that is has a written sexual harassment pofi"V i1 tuf f corptianc" *itn S"ction 2-105(AX4) of the lllinois Human Rights Act, 775 rLcs 5/2-105(AX4). E. @. The Time of Performance of this Agreement, unless terminated pursuant to the terms of thi -greement, 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 thereafier acquire with respect to any breaCh hereof by the Consultant or any right of indemnification of the Village by the Consultant. F. Contract Extension. Atthe conclusionof lhe 2022 pool season, the Village of Oak Brook reserves-GETfiht to award an annual contract extension for each following years, not to "-"""0 + years (2025, 2024,2025, and 2026), to the current consultant. Determination will be -6- 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 lhat 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, ireed, color, national origin, age, sex, or other prohibited classification, including, without limitation, the Americans with Disabilities Act of 1990, 42 U.S.C. SS 12101 el seg., and the lllinois Human Rights Act, 775 ILCS 5/1-101 et seq. Consultant shall also comply with all conditions of any f6deral, 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. lf 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'), and fails to cure any such Ev€nt of Defa-ult.within ten busine-ss days aiter 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: l.CurebvConsultant.TheVillagemayrequiretheConsultant,withina reasonable time, to cornptete 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.TerminationofAqreementbvVillaqe.TheVillagemayterminatethis Agreement withEfliability for further payment of amounts due or to become due under this Agreement. 3.WithholdinoofPavmentbvVillaqe.TheVillagemaywithholdfromany payment, whether or not previously approved, or may recover from ihe 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' l. No Additional Obliqation. The Parties acknowledge and agree that the Village is under no oUtig;'ii6; 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. Villaqe Manaqer Authoritv. Notwithstanding any provision of this Agreement, any negotiations or agreernents witn, or iepresentations by the Consultant to vendors shall be subject -7- 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, carculations, 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') 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 arnendment or modification is in writing, properly approved in accordance with applicable procedures, and executed. B.Assiqnment.ThisAgreementmaynotbeassignedbytheVillageorbythe Consultant withoul the prior written consent of the other party. C. Bindinq 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 sha-be in writing and shall be delivered (i) personally, (ii) by a reputable. overnight cdurier, (iii) by certified mail, return receipt requested, and deposited in the U.S. Mail, postage prepaia,livy by facsimile, or (v) by electronic internet mail ("e-mail"). Facsimile notices shall be beemed vaiid -only to the extent that they are (a) actually received by the individual to whom addressed and (b jfollowed by delivery of actual notice in the manner described in either (i)' (ii)' or (iii) above within three busineis days thereafter at the appropriate address set forth below. E-mail noiices 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 OV Oefiyery of aciual notice in the manner described in eilher (i), (ii) or (iii) above within three blsiness days thereafter at the appropriate address set forth below. Unless othenvise expressly provided in this Agreement, notices shall be deemed received upon the earlier of (a) actual receipt; ib) 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'aidrlss or the addressee, or both, for all future notices and communications to such partylOut no notice of a change of addressee or address shall be effective until actually received. -8- 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, lllinois 60523 Attention: Rick Valent, Public Works Director Email: rvalent@oak-brook.oro Notices and communications to the Consultant shall be addressed to, and delivered at, the following address: Chicagoland Pool Manageme nl, lnc. (" Consultant") 1612 Ogden Avenue, Suite 201 Lisle, lllinois 60532 Telephone: (630) 689-9999 Attn: Kurtis Bailey, General Manager Email: kurtis.bailev@chicaeoland-pme.com E. Third Partv Beneficiarv. No claim as a third party beneficiary under this Agreement UV any person tirm, or crorporation other than the Consultant shall be made or be valid against the Village. F. Provisions severable. lf any term, covenant, condition, or provision of this Agreement is netO fy a court ot competent .iurisdiction to be invalid, void, or unenforceable, the re-mainder 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. Governinq Laws. This Agreement shall be inlerpreted according to the internal laws, but not the conflict of laws rules, of the State of lllinois and venue shall be in a court in lllinois. L Entire Aqreement. This Agreement constitutes the entire agreement between the parties and superseOes any ana 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 waliEiilany 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 rnaae a part of this Agreement. ln the event of a conflict between any Exhibit and the text of this Agreement, the text of this Agreement shall control. L. Riohts 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 eiclusive of any other such rights, remedies, and benefits allowed by law. -9- M. Counterpart Execution. This Agreement may be counterparts, each of which, when executed. shall be deemed to be an together shallconstitute one and the same instrument. ATTEST: “ in several but a∥ of、″hich ViLLAGE OF OAK CH:CAGOLAND P00L 町 EXHIB:TA V:LLACE:SSuED REQUEST FOR PROPOSALS DATED DECEMBER 2021 ViLLAGE OF OAK BR00K l%『視デ冒魔ぼ日b島 Oak Brook,:L 60523 (630)368‐5164 REQUEST FOR PROPOSAL December 2021 TABLE OF CONTENTS SECT:ON l REQUEST FOR PROPOSALS A. NorcE - posrED oN VILLAGE wEBSlrE DEoEMBER 16, 2021 . ................... ........ . ... 1 B. PRoJEcr DEScRtPTloN..................... .......... 2 C. GENEML TERMS AND CONDITIONS '...........,,7 SECT:ON 2 PROPOSALINSTRUCT:ONS SECT10N 3 REVIEW PROCESS.…… ……………………………………・………・ ………………・ …………・…………24 EvALUATtoN oF PRoPosALS AND SELEcrloN .......... ....... ......... """""" " "24 BAsrs oF AWARD.. "" '24 15 Section 1. Request for ProPosals Notice - posted on Wllage 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 inviles proposals from qualified firms that have experience in lifeguard services and pool mainlenance and repair. Proposals should be addressed to: Rania Serences Senior Purchasing Assistant Village of Oak Brook '1200 Oak Brook Road Oak Brook, lL 60523 The closing date and time for receipt of proposals is Thursday January 13, 2022 at 3:00 P.M. prevailingiime. 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.orO or picked up at the Reception Area, Bufler Government Center, 1200 Oak Brook Road, Oak Brook, lllinois 60523, between the hours of 8 A-V- anO 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.orq. The Village reseryes the right to reject any or all proposals, waive or not to waive any irregularities therein, a-nd 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' j:\worddoc\rfp\202 1 rfp\aquatic seNices.doc Page 1 Project Description lntroduction 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 caf6. ll. Scope of Services The Village of Oak Brook is seeking proposals from qualified vendors for Aquatic Management Services it the Oaf Brook Bath and Tennis Club for lhe 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{hrough 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 oplimal 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 oversighl 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. jlworddoc\rfp\2o21 rfp\aquatic seNices.doc Page 2 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. Perlorm 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 othenvise 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. o 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: o Collect and remove trash from all facility trash receptacles located inside and outside the pool patio area, including the outside ealing 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. o 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. o 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. jlworddoc\rfp\2o21 rfp\aquatic services.doc Page 3 o 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: . Collecl and store emergency rescue equipment for future use on a daily basis. o 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 olheMise 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 behveen 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 o 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 jlworddoc\rlp\2o2'1 rfp\aquatic services.doc Page 4 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/ihe 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: o Employ, train, assign, schedule, and supervise employees to safely operate said aquatic facility or facilities. . Administer, supervise and otheruise 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. o 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 leisons, swim team practices and meets, any other organized pool activities such as privale parties, and all duties included in the Request for Proposals. 4. Staff must operate and manage the membership check-in desk. jlworddoc\rfp\2o21 rfp\aquatic seNices.doc Page 5 The proposed hours of operat:on forthe 2022 p。。:season are as fo∥ows: LAP P00L WAD:NG P00L D:V:NG 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-」une 3 4:00 pm-8:00 pm 4:00 pm-8:00 pm 4:00 pm-8100 pm 4:00 pm-6:00 pm REGULAR SEASON 」une 4-August 14 Mon―F∥ 11:00 am-8:00 pm 10:30 am-6:00 pm ll: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 EXCEPT:ON 」uly 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― FI Sat―Sun 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―F∥ *Memorial Day is May 30,2022 **Labor Day is September 5, 2022 swim Team Practices 9:oo am - 11:30 am and 4:45 pm - 5:45 pm through the 3'd week in July (Lifeguards MUST be available and on duty for swim team practices) lll. 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, lllinois 60523 630-368-5272 rvalent@oak-brook.oro 4:00 pm-8:00 pm 4:00 pm-8:00 pm 4:00 pm-8:00 pm 4:00 pm-6:00 pm 10:00 am-7:00 pm 10100 am-6:00 pm 10:00 am-7:00 pm 12:00 pm-6:00 pm 6:00 am-9:00 am i:\worddoc\rlp\202'1 rfp\aquatic seNices doc Page 6 C. General Terms and Conditions 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, altemate 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. ln 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, flrm 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 minner 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 lnsurance 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 laler 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 underslands and agrees that, if his proposal is aicepted, and he fails to enter into an agreement forthwith, he shall be liable to the Village for any damages the Village may thereby suffer. GONDITIONS:2. a) b) The Village is exempt from Federal excise tax and the lllinois Retailer's occupation Tax. This proposal cannot include any amounts of money for these taxes. Any agreement or agreement resulting from the acceptance of this proposal by the VillagJ shall be on forms either supplied by or approved by the Village's Legal Depirtment. 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. jlworddoc\rfp\202'l rfp\aquatic services.doc Page 7 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. 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 attorneys 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 dealh of persons or lois 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 lo 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. INSURANCE: Certificates of lnsurance and Additional lnsured Endorsement shall be presented to the village within fifteen (15) days after the receipt by the Proposer of the Notice of Award and the unexeculed agreement, it being understood and agreed that the village will not approve and execute the agreement norwill 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 permiftee 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 "lnsured") 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 occurence for bodily injury, personal injury and property damage, provided that when the estimated cost jlworddoc\rf p\202 1 rf p\aquatic services.doc Page 8 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 accidenl for bodily injury and property damage; C. Worker's Compensation and Employer's Liability - Worke/s Compensation limits as required by the Labor Code of the State of lllinois 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 relention as respects the Village, its officers, officials, employees and volunteers; or the lnsured shall procure a bond guaranteeing payment of losses and related invesligations, 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 lnsured; premises owned, occupied or used by the lnsured. 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 lnsured's insurance coverage shall be primary insurance as respecls 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 lnsured'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 lnsured'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 poiicy shall name the Village, its officers, officials and employees' volunteers and agents j:\worddoc\rfp\2021 rfp\aquatic services.doc Page 9 as additional lnsureds. lnsurance is to be placed with insurers with a Best's rating of no less than A: Vll. Each lnsured shall furnish the Village with certiflcates 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 certilicates 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. 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. 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. 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. lf 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 mrporate name thereof and the signature of the President or other authorized officer of the corporation manually written below the corporate name. lf 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 corporale seal. The Agreement shall be deemed as have been awarded when formal notice of award shall have been duly served upon the intended awardee.56. 7. j lworddoc\rf p\2021 rf p\aquatic services.doc Page 1 0 8. 9. 10. 12. 13. NON.DISCRIMINATING: The Vendor, its employees and subcontractors, agrees not to commit unlawful discrimination and agrees to comply with applicable provisions of the lllinois Human Rights Act, the U.S. Civil Rights Act and Section 504 of the Federal Rehabilitation Act, and rules applicable to each. 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. 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 lllinois. 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. 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. 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. lf 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 lllinois prevailing wage law, as amended from time to time and made available on the Department of Labor's oflicial website. Not less than the prevailing rate of wages as found by the lllinois Department of Labor shall be paid to all iaborers, workers and mechanics performing work under the Agreement. lf 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 j :\worddoc\rf p\2021 rIp\aquatic seNices.doc Page 1 1 Agreement and Proposer shall have the sole responsibility and duty to pay, and ensure that all Subcontractors pay, the revised prevailing rate of wages lo 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 rale 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 yel 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 subcontraclor 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. j :\worddoc\rf p\202 1 rf p\aquatic services.doc Page 12 16. AGREEMENTEXTENSION: At the conclusion ol 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 concunence 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, revolulion, 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; o plague, epidemic, pandemic, outbreaks of infectious disease or any other public health crisis, including quarantine or other employee restrictions; jlworddoc\rfp\2o21 rfp\aquatic services.doc Page 1 3 . act of authority whether lawful or unlaMul, compliance with any law or governmental order, rule, regulation or direction, curfew restriction, expropriation, compulsory acquisition, seizure of works, requisition, nationa lization; . 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, slrike and lock- out, go-slow, occupation of factories and premises; o 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. Furlhermore, 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. INDEPENDENT CONTRACTOR: There is no employee/employer relalionship 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 lnsurance 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. GOVERNING LAW: The laws of the State of lllinois as to interpretation, performance and enforcement shall govern this Agreement. The forum for resolving any disputes concerning the 18. 19. j wo「ddodrlpヽ 2024 rfpヽ aquatic serv ces 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, lllinois. Section 2. Proposal !nstructions A. General lnformation 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, lL 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/lnformation 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 Approacho Terms and Conditions List any terms and conditions, which may apply to this agreement and are not included in this RFP. . Additional lnformation and Comments lnclude any other information you believe to be pertinent but not specifically mentioned elsewhere. j:\worddoc\rf p\202'l rfp\aquatic services.doc Page 1 5 C. Proposal Form ln 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 fot lhe 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 chemicals, and open/close Season $ conduct only the maintenance services the Oak Brook Bath & and repair services, supply Tennis Aquatic lor lhe 2022 lnclude with your proposal a spreadsheet indicating the hourly rales, 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. j lworddoc\rfp\202 1 rfp\aquatic services.doc Page 16 Firm Name: Address: City, State, ZIP: Signature: Name Printed: Title: Telephone: lf a Corporation: ATTEST: Secretary i:\worddoc\rfp\202 1 rfp\aquatic services.doc Page 17 D. References Your Company Name: (Please Print) The Proposer shall list five (5) current references wilh 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. CompanyName/Municipality: Address: Phone: ( ) - Conlact Person: Type of Work and Date Performed: 2. CompanyName/MuniciPalitY: Address: Phone: ( ) - Contact Person: Type of Work and Date Performed: j :\worddoc\rf p\2021 rfp\aquatic seNices.doc Page 1 8 3. CompanyName/Municipality: Address: Phone:( ) Contact Person: Type of Work and Date Performed: 4. CompanyName/Municipality: Address: Phone: ( ) Contact Person: Type of Work and Date Performed: 5. Company N ame/M u niciPa litY: Address: Phone: ( ) j:\worddoc\rfp\202 1 rfp\aquatic services.doc Page 'l 9 Contact Person: Type of Work and Date Performed: j:twOrddodrFpν 021 rfpヽ aqua∥c services doc Page 20 E. Proposals Cedification 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 lllinois Compiled Statutes, 1993, the proposer is not barred from bidding on this agreement because of a conviction for the violation of State of lllinois laws prohibiting bid rigging or bid-rotating. 2) The undersigned states under oath that, pursuant to Chapter 65, Section 5/11-42.1-'t of the lllinois Compiled Statutes, 1993, the proposer is not delinquent in the payment of any tax administered by the lllinois Department of Revenue. 3) The undersigned certifies that, pursuant to Chapter 775, Section 5/2-105. of the lllinois 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 lllinois 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 _lndividual Firm Name: Address: City, State, ZIP: Signature: Name Printed: Title: Telephone:Date: j:\worddoc\rfp\2021 rfp\aquatic services.doc Page 21 ATTEST: ―SEAL― SUBSCRIBED AND SVVORN TO before rne this_______day of ,2022 Notary Public j lworddoc\rf p\202 1 rf p\aquatic services.doc Page 22 F. Sexual Harassment Policy hereinafter refened to as "Proposer" having submitted a bid/proposal for to the Village of Oak Brook, DuPage/Cook Counties, lllinois, hereby certifies that said Consultant has a written sexual harassment poticy in place in full compliance with 775 ILCS 5/2-105(A)(4) including the following information: 'l) An acknowledgment of the illegality of sexual harassmenl. 2) The definition of sexual harassment under State law. 3) A description of sexual harassmenl, utilizing examples. 4) The Proposer's internal complaint process including penalties. S) Tne legal recourse, investigative and complaint process available through the lllinois Department of Human Rights and the Human Rights Commission. 6) Directions on how to contact the Department or the Commission. 7i 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 lllinois Departmenl of Human Rights upon request. Authorized Agent of Proposer Notary Public By: jlworddoc\rlp\2021 rfp\aquatic seNices.doc Page 23 before me this _ day of _,2022. 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.Basお οrД ward 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 mosl favorable to the interests of the Village. The Village will review proposals based on the following criteria: Compliance with RFP. Adherence to all conditions and requirements of the RFP. Understanding of the Project. The Proposer understands of the engagement, the Village's objectives, and the nature and scope of the work involved. Services to be Provided. The exact type and nature of the proposer's proposed services and how they accomplish the objectives of the project. 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: o 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. 3) 4) j lworddoc\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. 1 1 ) 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. jlworddoc\rfp\2o2'1 rfp\aquatic services.doc Page 25 EXHIB:TB PROPOSAL SuBMITTED BY CHiCACOLAND POOL MANAGEMENT,INC 多 ふ:ム gOl」∴古晟iふ anagement ORIGINAL Swimming Pool Management Proposal for Oakbrook Bath and Tennis Club We lower yourrisk Wet,llerewhenソ 。u当響atep・ r pOol シをおicago:and島 o:Management Chicagoland Pool Management & Our Parent ComPanY we,re a proud partner ofThe 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 practicesforswimmingpoolmanagementandoperations.ThePoolManagementGrouphelpsus succeed by providing broad and deep layers ofsupport 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, emciency, and patron satisfaction' 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. 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 certificationsJ, 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 1J the psychological aspects and techniques for staying focused as a lifeguard and 2l new scanning techniques to better identi$r 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 feven those hired late in the seasonJ and, as important, we're ensuring that lifeguards are absorbing the material presented, thanks to periodic testing throughout the training. 当響a轟 "ur p001 l{e lower your risk Wete there nced usL when you 診 とおicagOiandPOι IManagement Annual Pool Patron Safety Campaigns We believe pool safety is greatest when everyone understands the risks associated with swimming pools and how to dear with those risk. our 2017 safety campaign explained that it,s impossible for a lifeguard to watch every person in the pool at alr times and the onry way to guarantee a child,s safety is to be in the water with the ch d. we berieve these safety campaigns are important contributors to creating a safe environment. Comprehensive Liability lnsurance Facilities that want the lowest financial risk choose us. Inadequate coverage can result in significant financial exposure to owners in the event ofa 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, acciden6 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 loweryour risk 糖 llerewhenvO●Wc lower your rlsk 琲ふ高gOl:∴通鵡l Manarment 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 ftom us' Repairs and Renovations We have skilled repair technicians ready to dispatch at a moment's notice and renovation linow- how for larger proiects' We can take care ofall ofyour pool needs' National diagnostic team and parts sourcing We know that not having access to the right mechanical part is the number one reason pools are closed during the season' When needed' our national support team at The Pool Management Group steps in with help diagnosing issues and obtaining critical hard-to-find parts from reaching into warehousesatoneofourPartnerCompaniestoamultitudeofvendors'wehaveyourunningas quickly as Possible. lnformation When You Need lt Ourparentcompanymonitorswaterqualityeducationaswellaslegaldecisionsandkeepsusup- to_date on developments, so we can respond rapidly to any changes needed at your pool' You can count on getting accurate timely information' We're here to help minimize your financial risk' protect your pool investment, and ensure an enioyable & safe swim season' We're there when You need us Ue naleYour Pool laftr lUe tower Your tirk 熙i畠 ::L:iま ;l二 島113ふ l Management Liability Insurance Limits 『轟轟 1滝 購 tttat購 舞t ttte 10響 鶴t 無 機嶺臨粕腱:Ft3無 苺鞣癬憩嚇e tts. our S20薇 ∥“hSu“,"C°VF:空 重霊T摯 1鷲 撚亀裏 ,"#'ffi 'U:;;';;.;iio^p,.**;ry:to-:';1.::i::':,i;*i"'u'the tF10u=り .υ Ш 3-"リ ーr・ ふふ」wtth adequate prOttabn7 ソOttr p●o1l WOnft you want a cor7 Se mde Your Pool trfur we rower vour risk |l$jl"" when vou 」 320 Miliion :nsura nce cHiCA60LAND P00t MANA6EMENT ,, t I ) arioga'"d Pool Management LiabilitY lnsurance ExPlained Liability insurance policies for high risk situations' like lifeguard staffing' can be comPlicated' Below we exPlain: o How primary policy and excess policy limits work o Coverage is Per event' not Per PooI o The difference in Professional Liability and General Liability o Punidve Damages coverage o Excess Coverage "follows form" of the primary policy Aquatic safety experts agree that even at the best run pool accidents can happen' which is ,"iy ftrbtftry irturance is such an important part of risk management' Lawsuits resulting from swimming pool iniuries and deaths have resulted in large multi- milliondollarludgmentst'*t"f""*achart)'Medicalbillsalone'whicharejustonepartof the damages, can run into the millions of dollars in a near-drowning' These facts lead us toconcludetlrat$20MillioninsurancelimitsandProfessionalLiabilitycoverageare necessary. Professional Liability and General Liability Coverage Potential exposures at swimming pools involve some events that would only be covered by Professional Liability fn'ut'nt"lna some events that would only be covered by General Liability Insurance' The distinction between the two policies is not a clear line' The importantthingtoknowisthatifaswimmingpoolmanagementcompanyonlyhasGeneral tiabilitycoverage,anddoesnothaveProfessionalLiabilitycoverage,thereareexposures that are not covered bY insurance' Whiletherearemanypossibilities'anexamplemaybehelpful: If someone is injured at the pool there may be a claim resulting from that iniury' This claim would fail una.. ir," C*eral Liability policy. If, however, a lifeguard provided care and as a result of tJre care provided the person is injured further, this claim would fall under the Professional Liability poliry' Determining if a Policy lncludes Professional Liabitity Coverage MostGeneralLiabilityinsurancepolicieshaveanexclusionforProfessionalLiability exposures.whenap"r"v'';';J'il"t:.l"-']^:"j"-*1li*"1'"'-:3::;Jr:"T;exposures When a pOncy∥L■u…‐‐・―‐― ⅨduJon dauseお not h tte p出 可,SO,rather ian,… safcr )hi二 昴仏nd lod Management 淵肌ξMi∬:。Ittci淵 e難 1:篇 cttar Primary Policy and Excess PolicY Limits In a typical swimming pool management liability insurance policy there is a Primary Liabitity policy (Cl noficy;' wtriciis usuatty $f million in coverage per claim' The Primary Policy is per occ"t"nt"' *""n'i" *tt" tt S' million available for each claim up to the oolicy limit (such u, ss t{iliorJ."Th.re may be an Exc ess Policy (sometimes called umbrella eoliry) on top of tne primo'i poliqy to cover a iudgment or settlement that is higher than thePrimaryPolicylimit'.tn'eExcessPoticydesignatesatotalannualamountthatisdepleted as it is used' ltirr" p'i^o'y ploiil:Vli*lt i' "*tt"d"d in any year' then the excess coverage would pick up couu'"gt fot'""ny-'oth"t "'""t'' up to the amount of the excess coverage' Primary Poliry + Excess Policv = TOTAL COVEMGE So,ifacompanyhasa$20Millionlimititwilllikelybea$lmilliondollarprimarypoliryand $19 million excess coverage' $ 1,000,000 +$19.000.000 $20,000,000 Anothercompanymayhavea$5Millionlimit,whichislikelya$lmilliondollarprimary policy and $4 million excess coverage' $1,000,000 +$4.000.000 $5,000,000 Here is how it works: If there is a claim and iudgment in the amount of $5 million' then the primary policy pays $1 million, and the excess policy pays $4 million' lnthecaseofacompanywith$20Millionlimits,.a$5Miltioniudgmentwouldleave$15 million of exces' t""J#';# *" '"" ti" "ilio" - s+ Million' + another $1 million in primary potitv toueffi;';;';"; wouta stitl trave $15 million available if there is a second claim' for PrOfessiOnal Liability|$e mrke Your Poot !ahr Wete there when You natd u3Itfe lower Your rlsk p Ctricagoland pool tUtanagement htyearcm哺 J護 ∬鷲1棚 瑠coverage.sO,they wou 駕|ふ 槻∬穏]∬1::路 珊1∬よns5 m∥Onlm、ぬere wodd nOt be enOu帥 Punitive Damages cOverage L器 柵ittj蹴 躍蝸鳥席∥翻猾枇翼ぽ 胤よギb島 面山abセ l:肥 leittFT留 耀 )s not cOntain the exclusion fXcessぉIた ies f。 "。 w the fOrm ofthe prilmα ″Poricy 絣、1葛 棚7 etails Of the cOverage may F' Wa lorver your risk 警 ふ把露需柵晟anarm耐 SWIMMING POOI- MANAGEMENT AGREEMENT This Agreement, between Chicagoland Pool ManaBement (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 lL, 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 traininB 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. PERSONNET. 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. *Pleose see Section 5 for more detoils on personnel. 3. INSURANCE/I|AB|LlTY. The Company will maintain a comprehensive insurance package including General Liability, Professional tiability & Punitive coverage with S20 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, 520 million liability insurance coverage for the length of this Agreement. *Pleose see section 6 for more informotion on liobility insuronce 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{ine 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 poo! 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 ln 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 iniury 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 lnformation 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 Liabitity lnsurance with S20 million of coverage. 5 PERSONNEL (d) (e) (b) (g) (h) All Company personnelwho willwork 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 ofthe Company. No lifeguard shall be engaged by the company as an "lndependent contractor" to fulfill the terms of this Agreement. 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. Company is solely responsible for selecting competent and qualified lifeguards for the safe operation of the Customer's swimming pool. Personnel will be trained by the Company. Personnel not performing up to the standards of the Customer will be replaced by the Company wilhin 24 hours. Company is responsible for exercising control over the activities performed by the lifeguards. Lifeguards will be supervised by Company management personnel. The Company agrees to pay the following for Company's employees, including all lifeguards: Wages lncome tax withholdings Social Security withholdings State unemployment insurance Federal unemployment insurance Workmen's Compensation insurance 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 Custome/s patrons. 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. l2l Checking water chemistry and recording readings every two (2) hours. (3) Maintaining chemical balance of pool water. (4) Vacuuming poolfrequently enough that the pool is always clean. (5) Cleaning tiles around pool edge. (6) Backwashing filter system. (71 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 fu rniture. It2l Replenishing ianitorial supplies in bathhouse. (13 ) Enforcing ru les of the Customer fo r safety a nd co nve n ience of Customer's members. (14) Assisting Customer in collecting Suest 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 operationaltechniques 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 fullforce the following coverage: (a) Professional Liability lnsurance and General Liability lnsurance in the amou nt of 520,000,000. (b) Worke/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 ofthe acts, omissions and/or negligence of ihe 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 lnsurance to the customer verifying the above-mentioned insurance coverage. lt is the responsibility ofthe Customerto provide allother 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 astothe employees ofcompany, Companyassumes no liability for damage or injury to persons or property arising from or caused by physical or mental incapacity, physicalor 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 drainingthe pool shall besolelythe 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 fullforce and effect the following coverage: (a) Premises Liability lnsurance. (b) Comprehensive General Liability lnsurance in the amount of S1,000,000.00 each accident and S1,000,000.00 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 totalalkalinity pH calcium hardness cyanuric acid (c) Vacuum pool. (d) Clean pool enclosure area. (e) lnspect chemical feeders. (f) lnspectallfiltrationequipment. (g) lnspect flow meters, pressure gauges, and valves. (h) Mount diving boards, guard chairs, and ladders. (i) Remove poolfurniture from storage, clean, set out around pool area. 0) lnspect and re-supply water testing supplies. (k) lnspect underwater lights. (l) 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 Custome/s request, company's designated Pool Managershall meetwith Customer's representative priorto opening day. ThePool Managerand all lifeguards, as feasible, will meet with Customer's representative. PRE-SEASON SWIMMING POOL REVIEW MEETING. At the Custome/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 isthe Customer's responsibility to maintain Customer's pool, equipment and associated facilities within established minimum standards. Therules and codesofthe local health department having iu risdict ion 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 agreestofurnish certified lifeguards and otherpersonnel as contracted herein to operate the pool on the following schedule: This space left blank DATES OF OPERAT:ON: The pool wi∥ be open on the fo∥owing days: May 28 through September5 HOURS OF OPERAT10N: 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 presentthemselves. The Assistant Manager will be assigned as a lifeguard only during the times of operation when the Manager is on duty. o Five (5) Lifeguards will be provided during the normal hours of operation to guard the lap pool, wading pool, and diving well. o One (1) Lifeguard will be provided from 9:00 a.m. to 11,:00 a.m. on days when swim team practice occurs. Lap Pool Wadins Pool Diving We∥Beach Earlv season Mav 28‐Mav 30 10:00a.m.-7:00 p.m. 11:00a.m.‐8:00 p.m. 11:00a.m.-8:00 p.m. 12:00p.rn -6:00 pm. Mav 31‐ June 3 4:00p.m.-8:00 pm. 11:00a m -8:00 p.m. 11:00a.m.‐8:00 p.m. 4:00p.m -6:00 p.m. Regular Season June 4‐August 14 Mondav - Fridav 11:00a.m.‐8:00 p.m. 10:30a.m.-6:00 p.m. 11:00a.m.-8:00 p.m. 12:00p.m.‐6:00 p.m. Saturday - Sundav 10:00a.m.-8:00 p.m. 10:00a.m -6:00 p.m. 10:00a.m.-8:00 p.m. 12:00p m.-6:00 p.m. Exception Juiv 3 and Juiv 4 10:00a m.‐ 5:00 p.m. 10:00a.m -5:00 p.m. 10:00a.m.‐ 5:00 p.m.Closed Late Season Aug 15-Sept 4 Monday-Friday 4:00p m.-8:00 om. 4:00p.m.‐8:00 pm. 4:00p.m.-8:00 pm 4:00p.m.-6:00 p.m. Saturday- Sunday 10:00a.m.-7:00 p.m. 10:00a.m.-6:00 o.m. 10:00a.m.-7:00 o.m. 12:00p.m.-6:00 p.m. Labor Day Sept 5 10:00a.m.-7:00 p.m. 10:003.m.‐6:00 p.m. 10:00a.m.‐ 7:00 p.m. 12:00p.m.-6:00 p.m. . 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. Customershall notify Company as to whether they will havea 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 forcleanup required asthe result of vandalism, and approved bythe 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 ofthe 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 DayopeninBs. The cost for post-Closing Day operation shall be billed to the Customer at the prevailing rate, which may change from year to year. Thecurrentcost is585.00foreach day (including days the pool is closed) from Closing Day through the final day the pool is open for swimming, plus 529.00 per Lifeguard hour for time worked on or before September 18. The cost for Lifeguard hours worked after September 18 is currently 529.00 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 5:00 p.m., the poolwill be closed, with no refund due to the Customer. Weather unsuitable for swimming includes: (a) air temperature at or below 68 deBrees 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 Companywill 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 allclaims for damages or injuries, or both arising from the use of the pool during hours other than those specified in this ABreement unless Company's lifeguards have been scheduled accordinB 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 ofthe event. (b) The number of people who are scheduled to attend. (c) The general age group ofthe 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 Lifeeuards Required 5 5 5 5 5, plus one (L) more for each additional 25 people or portion lto 25 26to 50 51to 75 76 to 100 101 or more 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. Billingshall include anytime spent cleaning upafter use by anyspecialgroup or party. The Customer shall make payment of fees to the company within ten (10) days after billing by Company. 9a. WADING POOL. Companyis providing a lifeguard for the wading pool. Company agrees to clean the wading pool, maintain water chemistry and backwashing filter. 9b. DlvlNG POOI. 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 !g! 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 ofthe 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. CtOSlN6. 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. lfa contractor isto beselected to complete a repair under this warranty, only the Company has the right to choose a contractor. (c) Add anti-freeze to appropriate fi)dures. (d) Drain pumps and hair/lint strainer. (e) Backwash and drain filter tanks. (f) open allvalves 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) Cleanchemicalfeeders. (j) Drain and store hoses. (k) Lubricate filter system valves. (l) Add winterization chemicals to pool. (m) lnstall Customer's cover, if applicable. (n) Store poolfurniture at Custome/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: tree Chlorine pH Total Alkalinity Calcium Hardness Chlorine Stabilizer 10to 4 5 PPM 7 2to 7 8 80to 120 PPM 200 to 300 PPM lessthan loO PPM At no time will the water chemistry cause a failure of permission to operate the pool granted by the local health department. ln 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 havethe option of using its chosen contractor to perform any recommended repairs. The Customer agrees to indemnify, defend, and hold the company harmless from allclaims, injuries, damages, attorney's fees, and defense costs arising out of 1) repairs or renovations performed by any entity other than the Company, or2) the failure to complete a) repair(s) or installations needed to comply with State, Federalor 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 Customerforvolume 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 S250.00, the Company shall billCustomer. (d) Any work or equipment in excess of 5250.00 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 ofthe desiBnated 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 siBns Soap Disinfectant Paper towels Toilet tissue Glass cleaner Deodorizer Trash can liners 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. lf 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. OFr-SEASON SERVICE. Off-Season Service is not part ofthis agreement. 15. INSTRUCrIONS. swimming instruction may be provided by company for Customer's members only. tnstruction shall be given by a qualified individual, while not on duty as a lifeguard. Company shall have rights to swimming lessons at Custome/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. 15. COMPANY'S INDEPENDENT CONTRACTOR STATUS. Compa ny 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, ioint 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 onlyto authorized personnel. Keys shall be returned to Customer inthe 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. TEIEPHONE. Customer shall be responsible for providing an operational telephone (not a pay phone) accessible to Company's lifeguards at poolsite. 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 ofthis 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. lf the pool is not reopened for normal operation within thirty (30) days, Customer may cancel this Agreement by written notice to Company. 20. CANCEILATION. 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) lf 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) ln 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. MtSCELLANEOUS. (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 a nd retu rned 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 S153,807.00, 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 ofAgreement 51,638.00 or the annual renewal date of this Agreement. (b) Nine percent (9%) on or before February 1 514,743 00 of each year. (c) Fifteen percent (15%) on or before May 1 524,57 t.00 of each year. (d) Twenty-four percent (24%) on or before June 1 539,314.00 of each Year. (e) Twenty-six percent (26%) on or before July 1 542,590.00 of each year. (f) Twenty percent (20%) on or before August 1 532,761.00 of each year. (g) Five percent (5%) on or before September 10 58,190.00 of each year. TorAL: s163'8o7 oo 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 sub.iect to delinquent payment fees of L% 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. ln 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. ln 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 City - zip Telephone ( Email: TREASURER: Name Street City state _ zip Telephone ( ) Email: BITLING ADDRESS: Name City City Street State _ Zip FACILITY INFORMATION: Name Street State _ zip Telephone ( ) 25. EXTENSION OF CONTRACT. This Agreement shall not automatically renew upon the expiration of the contract period. 26. GOVERNING tAW. This Agreement shall be governed by the laws of the State of lllinois. 27. STRICT COMPIIANCE. 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 hereu nder 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 ofthis Agreement shall apply to all extensions and renewals hereof. 32. SEVERABILITY. lf 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 ofthis 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. rn 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 lN THE EVENT OF INCREASE tN COSTS. tf there is an increase of ten percent (10%) or more in any cost aspect (including necessary increases in wages paid to pool staff) relatinB 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. ln 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 INTHE EVENT OF CHANGE tN IAWS. tf 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 reiect the new contract. ln 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 ofthis Agreement by Customerand 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 Officer Oak Brook Bath and Tennis Club Tlle of Officer: Attest: Title of Officer: Date: By: By: C. Proposal Form ln-compliance with this Request for Proposals, and subject to all conditions thereol the undersignedolfgrs. a1d agrees, if this proposal is accepted, to furnish the services as oulined neret-n ioi ite viliageof Oak Brook, subject to modification through negotiations. The time and materiai, not io exceeo, costproposed shall include all anticipated expenses. Time_an-d Material (including expenses) Not-to-Exceed cost to conduct the oak Brook Bath &Tennis Club Aquatic Management Services lot lhe 2022 Pool Season as inoicaiea in ih" s"op"of Services $163,807.00 $ Afternate Proposal: l) Not-to-Exceed cost to conduct only the aquatic facility management (pool check-in, llf-"^qr:rd'.n9, dav-roday operations, etc.) for rhe oai Brook eath a rennil lq;aiid-racirity ror tne2022 Pool Season s S140,67600 2l Not-to-Exceed Cost to conduct only the maintenance chemicals, and open/close services the bak Brook Bath & Season 霧inξ 喘謂織h:躙 lnclude with your proposal a spreadsheet.indicating the hourly rates, estimated expenses, and any otheranticipated costs that are included in the above NTE mst. Also, include a full narrative that describes your overall process for maintenance and repair, and lifeguardservtces. jハ ~vorddodrfp2o21 rFpヽ aquatic services doc Page 16 1612 0gden AVe 0い at,日P Name Tlle:General Manager 773‐617‐8999 1/12/2022Date: r a corporaloni ATTEST: Secretary j:\t rorddoc\dpuo21 rfp\iquatic services doc Page '17 E. Proposars Ce ification states that he has the authority to m-a!e *: U#,[tF*"**':1fl'#:;:# ?jlh3"33i3i?..,il3":;;:"0,;. ;;"oaitv' o' service brienv described as follov\6: ,,oak Brook Bath & Tennis crub Aquatic Management services" "lrJi:s:F:ll"Hil[:;il.$;.$lH1::hfl fliljfffi $i#3f,""ff ,r',":::J:':?::Hi:iff for the violation of State 2) The undersigned states under oath that' p'T''"lll? 9ltot"r 65' Secrtion 5fi1421-1' of the lllinois ,ComoiledStatutes,rsge,thJproposeriSnota"unq,"nili].'Jili."niot"nvtaxadministeredby irL ttiinois oepartment of Revenue' 3) rhe undersisned certmes that, pursuant to.clltY:l'i;,??*1,,?1'rJ'[? gJtiia$"fl:,r".:ff1* "' iiiit"J, is's3, the proposer has a written sexual following information: 3] +r""::l:[!iffi]l"ha?r"{l {i,r.'";d+* - "" ""!} +^i?T[ji1];ili'ffi;i;pr'inin'o""s'inJ'iinon"n'tti?i.ir"ur" through the rrrinois e) The legal recourse' investigative 'and' compl Department of ffi;;;';i'';i'G ttd the HumanBights commission' 0 Directions on ntiijil'JJ"'tZJ1n; Department or the commtsston This business firm is: (check one) partnership --..--!- CorPoration - individual Firm Namei ChiCagoland POO!Management 1612 Ogden Ave AddreSS: LiSle,lL,60532 City, State, ZIP: 乱nature Kurtls Ba∥ey Name Printed: General Manager Ttle: 1′12r2022 773‐617‐8999 TelephOne: Date: jlworddoc\rlpuo2l rb\aquatic seNices doc Page 21 Sex″al Harassmenf Po″Cy Chicasoland Pool Manasement . - .. herelnll:J-r*rred " ?:,Ijl?ff::::i#flto the Village of Oak Brook, submitted a bid/proposal for 雨tten sexuJ hattsSmentDuPagdCook Counties, lllinois,高甜7M職 淵憎ふお∥:IL温「多当おこ1ガ i55ゐ めhdudng he剛 。輌ng hbmajor process including Penalties..珊ま認躙蹴蹴F器 濯maЫ eh「9鴫 h he ttnds Depa■me耐 ,RohtS COmmi,SiO聖 Deia(ment or the Commission' ;#ffi;iri"i;alntii"t.ri"tion as provided in section 6-101 Each consultant must provide a copy of such written upon request. policy to the lllinois Department of Human Rights 町 Subscribed and sworn to before me this - daya{ .2022. Notary Public 曝 「NWOrddめ 靡 ?021 runquatc senパ ceS dOC Page 23 Of Katie Black Village Field Club 1651 Forest Road La Gran8e Park, l[ 60525 (630]'240-7440 December 12, 2019 Dear Sir/Madam, I am writing this letter to recommend the Chica8olaid Pool Managlment Company to proviile services for your lacilities. For the past three years the vtc has used cPM to manage our pool and facilities. . They have worked close.ly with the board to improve all aspects of our pool, grounds and running of our club. t , WhenwebroughtchicagolandPoolManagementontomanageourc|ub,therewasalotofworktobe done. The previous management cbmpany 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 solutiorts and then work to correct them. S-ince CPM started workin8 with our club and its board, we have seen improvement in the state of our fool and grounds, the entry into th€ club has become more oreanized and efficient and the pool looks clear and inviting' The village Field club is a large pool with over 4oo families. we have the pool and a large field for hangiic lut. chicagoland pool Management has done an amazinB job stepping up to ensure that not justihe- pool loo1, imazing, but the whole grounds. .lf there are any issues, they are quick to respond and find a solution. cpM has a large and dedicated staff. They quickly respond anytime somethinS needs to be fixed, replaced or removed. For example, when we had a leak in the pump room' the manaSementcompanyarrivedquicklyandearlytofixtheissueandwewereabletoreopenthepool withouttoomuchdelay.ourmembersweregratefulforthefastresponseandattentiontothe problem. Finally, Chicagoland Pool Managlment.goes above and beyond for us. The lifeguards are a part of the VFC fimily and are always eager to heli with activities and other social events we host. They have helped with tie-dying aaivities, Gaga Ball tournaments, poolgames and so many other activities. The ViiUo.rO *orfA nbi be able to do a lot of the activities we plan without the help of the lifeguards and the manaBement comPanY. I highly recommend Chicagoland Pgol Management for your management needs' I have had a good experi;nce with th", or"i th" p"rt three years and continue to work with them in the years to come. Please do not hesitate to reach out if you have'any further questions' Sincerely, Katie Black ヽ Drew Oskell President . Village Field Club(、ヤヽヽ'ヽ ヽ_Vilk嗅 cllcldc!uh cOnう ・ 1651 Forest Rd La Crangc Park,lL 60526 1117.17 To Wllom lt May ConCern: TheBoardofDiectorsofthcVillageFtldclubttedC康 電dand Pool Manag.ement 鋼轟胤 篠轟1雷 躙期服鷹おr畿 知6-20r seasm,ater ttizing seasons. The decisiOn to ttre them was nOt made lighdy,as we are a nOn‐profltmenlber‐oWned Or38Wat10n宙 ●425 families. 鋼蹴響醐 i温 激l凛 跳∬鰐織諸騰器 蹴:濃 げ clcad価 にss. In allareat CPM Ⅸ∝eded our expectatiollS in compa"son to our脚 =宙 Ous management 淵 蹴 脚 椒 tW' 恥邸very happy with tt WOrk andlook foward o aC赫 颯 ―gEttnSbip h2018 andbeyond. Si-lyj・ ・ . DFeW Gaskell 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. Thgnk 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 Chica8oland Pool ManaBement' Sincerely, Donna LaMontagna The Acacia Association 11l Cascade D」ve,Indian Head Patt lllinOis 605254496 Phone:708‐246‐2400 Fax:708‐246‐3495 E器 ずヶ Recommendation for Chicagoland Pool Management . we are a sqlf-managed Townhome community in the western suburbs. After years of managing the pool on our own we decided to contlact out for our pool management needs. After accepting bids from 3 companies we choose chicagoland Pool ManaSement for their aservices. The highlights of our relationship with Chicagoland include: o 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. .Theyprovidedalltrainingneededforguards,hadveryspecificretrainingpolicies throughout the summer months. . They were flexible with our staffin8 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 - takinS us outofthedailyresponsibilitiesthatareinvolvedinhavinSaswimminspoolaspartofour Association. I Acacia Association ' =1lL● |●■lll●■L諄 ・韓口 "・・rご A・ 面・■9椰 10/4/16 To,″hom it mav con"rn′ As a properw“nagerforalargamndominiumcomplexin=lk GroveVillagら :have worked with ChiCagoiand Pool Mapagement forthe pastthree swim seasons,Chiご わgoland's best qua∥tv is thelrcustomer seFViCe.Thev are responsive and attehhe,quickiv addFeSSing anv questions or concerns we mav have.They noti■uS Ofpotentialissues iand prぃ 膚de reasonable solutions〕hefOre thev bl●ssom into Lrger p●biems.TheirliFeguards treat patronswtth care and respe撃 and are dedicated to the saFewand dean:iness ofourfacility. Thev strive to work harmoniousiv with our condo support sta情 and,oo:lmaintenence cOmpanvo Dave andhiscrewtake pnde in their work andPifgiven the opportun、.WOuldnt let you down` ぶ Managngヘ ョent fOr V∥:age on the Lake Homeowners Association WINSTON ⅥLLACE ASSOCiATЮN 168 Joy Dnve Bolingbrook!:L 60440 630‐739‐1630 November 12,2414 Lotbr of Recomrnendalion frr Chicagohnd Pool Managernent chicagolaod Pcol has managed. our pool fof oYFf fir years. During that tlme I have foudihem b be very re+[nsive td our needs. Our pool is ahxays cban- ancl the ".rri#niir r"w $,ell'main'iair6d. The guards arEl stafi are very efichrt, profrssional, il illif;. -They kerp gs inbnnad on saety issues, erd &tr 66n6'ms are always prompry aaaresseo. The compEny is wry easy to wDtt with' Al our request, frey have extended our cunent conbad through 2016 . Flease feel ftiee to contad tne with efly quBso'E' reggldirlg chicagoland Pool [,lanagement. Thank you, 」ack Roche,CMCA,AMS Proper,Man3geF Wnston V〕鮨電e As"α tton 168 JOソ DFiVeBdingbmok,L岬 (630)739‐1530 0rloo (630)739‐1525 rax waboardOsbccIobtt net STEFPI′ECIIASE●1〔.HLIRCttII.1´CLUB IIome l)■●leF'S Ass領 じlollo" David Rubensteini October lSt.2015 I am the Clubhouse Manager at Steeplechase Clubhouse in Oswego, lllinois. 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 2O1S 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 venflors; I always had to chase them down to consult about issues and to have them deal with problems and with your company I never erlerhad 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. c Beth Lints Clubhouse Manager 775 Bohannon Circle Oswego, lL 60543 Office: 630-551-1262 Fax: 630-551-1368 steeplech aseclu b@ att. net 715F30HANNON CIRCLE のSWECOllL 60543 TEL(630)う 51・ 1262 FAX 1630)551‐1368 EMハ ::″steepに chaseclubeatt.net The Ot■kol腱 ecrettDtion31 Ch山 イルFt"け ′IFff′ ``オ ′キ・lr′:′ ``′ ′cたこれ″rrt rィ リ‐ '_ ′fi′t・ ,′′ 0″i FF ir″だJ九 ′:〃″″れ`′バr44ル ′ Dear Dave, our flrst 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 Vour seryices. 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 yourteam was cornpletely different. Ybu promis€d 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 addrcss any maintenance issues. Even returninS 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 surnmer of fun at the pool. We look forward to partnering with you for many yeafs to come in managing our Pool. Sincerely, υ 物 cPaL EL 00503o0238P』Lヨ b圧 0'33 3●●S OaLL―D鰤 陀 MILL CROSSING へttn:I)a、゛ 柚籠oぬ 田k pu fe3rllF pmた ぶ"dtt p野 驚認思盤蹴誂織露雷獄l電 器1驚:∬1∬t,露∬翠嵩T`恥・comメ nletts m the cleannes ofthe pd ilnd the o、・erall eljo,ment ofthe IXml eKpericnce. . りt e tl「1lr∝iated allせ 贈t yott h凛 ヽe donc and looL l)r、'ard tct ncxt sea9o■. ・ へし1ま u、126.2111i C'1,icagoland Plヽ ゛| . P.(〕.Bt,ヽ 3497 1,isl●,ll. 60532 t{arlese l{ardistl'. Pr*sident It{il I Crossing Condonriniunt Associatinn NirperlilL'.Ill ′ t` 1 '. |`| |1056 N M劇 ま F101、捜事コ哺■,■60%3 (630b06卜 138F dヒ t630396:‐:642 ra■! anagemenl $ ctricagotairU Poot Management 2021 Swim Lesson !nformation 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 of6 halfhour classes. Theyare designed for 2-3 kids and give you the ability to have create your own group lesson with the fellow kids ofyour choosing. They are great for siblings or friends with similar abilities!! Fewerormore canbe 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 ofyour private lessons. Private Lessons Private lessons are offered as a session of 6 halfhour classes. Private lessons give you the one on one attention to work on your child's specific needs! Lessons areadaptedtothe specific skills achild needsto improve on. They are great for new swimmers who are uncomfortable in the water or for advanced swimmers wanting to perfect their s kills ! Fewerormore can be requested to allow students to concentrate on specific skills at a cost of S30 per lesson. Private Lesson Dates and times are set up directly between the participant and the instructor. youwill be contacted bythe lesson coordinator to Bo over the specific details ofyour private lessons. Class Fee lnformation* Private Lessons - S160.00 (5 Lessons)* Semi-Private tessons- S105.00/per child (5 Lessons) * Group Lessons - 575.00 (8 tessons) Group Lesson Level lnformation:* 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'Gom EXHIBIT C INSURANCE COVERAGES The insurance required in Section 6.C to the Agreemenl 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 lnjury: $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.