HomeMy WebLinkAbout2005-035 - Agreement with Park Hill Aquatic CenterBILL N0.2005-35
ORDINANCE N0.2005-35
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE
AN AGREEMENT BY AND BETWEEN THE CITY OF RIVERSIDE, MISSOURI AND
PARK HILL AQUATIC CENTER AND THE PARK HILL SCHOOL DISTRICT TO
PROVIDE POOL MAINTENANCE AND STAFFING SERVICES
WHEREAS, the City of Riverside, Missouri ("City") has entered into negotiations with
the Park Hill Aquatic Center and the Park Hill School District (collectively, "Park Hill") to
provide pool maintenance and staffing services for the Riverside City Pool (the "City Pool")
during portions of the months of May through September 2005;
WHEREAS, the City and Park Hill have reached an agreement concerning the provision
of and payment for such Services.
NOW, THEREFORE, be it ordained by the Board of Aldermen of the City of Riverside,
Missouri, as follows:
Section 1. The City of Riverside shall enter into an agreement whereby the City shall employ
Park Hill to provide pool maintenance and staffing services related to the City Pool in exchange
for a sum not to exceed FYftY Clne~>~and g9~ Fiarht3d~y~'i~ear~d no~100Dollars ($51.8'~•QO)
(the "Agreement").
Section 2. The execution and delivery of the Agreement, in substantially the form attached
hereto as Exhibit A, is approved, and the Mayor is authorized to execute the Agreement and to
take such other actions reasonably necessary to carry out the intent of this Ordinance on behalf of
the City, the execution of the Agreement being conclusive evidence of such approval.
Section 3. This Ordinance shall be in full force and effect from and after its passage and
approval.
Passed this gay of _, 2005.
~~~'h-
Mayor
ATT
Ci y Clerk
~r r n .r I' i 1
comer,
SERVICES AGREEMENT ~y~
THIS SERVICE AGREEMENT is entered into as of th~" "3ay of ,
2005, by and between The City of Riverside, Missouri, having an address of 2950 Vivion Road,
Riverside, Missouri 64150 (the "City"), and Pazk Hill Aquatic Center, having an address of 8152 North
Congress, Kansas City, Missouri 64152 and the Park Hill School District, having a main office address
of 7703 NW Barry Road, Kansas City, Missouri 64153 (Park Hill Aquatic Center and Park Hill School
District collectively referred to as "Park Hill").
WITNESSETH:
WHEREAS, the City owns and operates a public swimming pool located at 4498 NW High
Drive in Riverside, Missouri (the "City Pool") during the months of May through September, or parts
thereof; and
WHEREAS, Pazk Hill is in the business of providing staffing for general pool maintenance and
lifeguard duties, as the activities are further described below; and.
WHEREAS, the City desires to employ Pazk Hill to provide pool maintenance and staffing
services related to the City Pool, and Park Hill, in exchange for the consideration described below,
desires to provide such services.
NOW, THEREFORE, in consideration of the premises hereof, the consideration described
below, and such other promises and terms encompassed herein, the parties hereto do hereby agree as
follows:
Provision of Services.
(a) General. In exchange for the consideration described in Section 3 below, Park Hill
shall provide staffmg services ("Staffing Services") for City Pool-related activities and
duties, such activities and duties to be referred to in this Agreement as the Maintenance
Services. In addition, Park Hill, in exchange far the consideration described below,
shall provide the Administrative Services described below.
(b) Staffing Services. Pazk Hill shall fill the following staffing needs:
(i) Lifeguard staff;
(ii) Assistant City Pool Manager/Head Lifeguazd; and
(iii) City Pool Manager.
Pazk Hill shall provide adequate Lifeguard staff to ensure the reasonable safety of the
City Pool patrons during City Pool hours of operation, and all such Lifeguard staff shall
possess each of the qualifications and certifications described on Exhibit A attached
hereto and made a part of this Agreement by this reference. Either the City Pool
Manager or the Assistant City Pool Manager/Head Lifeguard shall be on duty during all
hours of operation. Park Hill shall also provide adequate staff to handle all admission
activities, concession activities and all other activities and duties reasonably stemming
from proper and professional operation of the City Pool.
R ... .T 1 iii. ~ . i ~ ~,
(c) Maintenance Services. Pazk Hill and its employees satisfying the Staffing Services
shall provide the Maintenance Services which shall include, but shall not be limited to,
the following: -
(i) Chemical testing and cleaning of the swimming pools each day the City Pool is
open for operation prior to the opening of the City Pool.
(ii) Adjustments and/or maintenance to the swimming pools as reasonably needed
per the results of the daily chemical testing.
(iii) Cleaning of the City Pool restrooms and/or changing rooms each day the City
Pool is open for operation prior to the opening of the City Pool.
(d) Administrative Services. Park Hill shall manage, and shall be solely responsible for, all
staffing and duties related to payroll preparation, payroll processing, staffing issues and
such other administrative duties reasonably stemming from proper and professional
staffing of the City Pool.
2. Invoices for Services. Park Hill shall invoice the City in writing on a monthly basis for the
provision of Services and payment for the same. All invoices prepared by Pazk Hill shall
include a description of each chazge, including the hourly rate and the total hours chazged
where applicable. Each invoice shall be payable within sixty (60) days of receipt by the City,
and no tax or interest shall be chazged for any invoice. The chazges for City Pool Manager,
Assistant City Pool Manager/Head Lifeguard, Administrative Services and Water Aerobics
Instructor shall be pro rated over four months and invoiced separately each month.
3. Fees for Park Hill Services. In exchange for the Services described above and the other
obligations and promises contained herein, the City shall pay to Park Hill, on the terms
described in Section 2 above, the following amounts:
(a) Staffing Services -Lifeguards. For Lifeguazd services the City shall pay to Pazk Hill an
amount determined by multiplying the hourly rate for each individual Lifeguard, given
the relative experience and qualification of each Lifeguard, by the hours worked by
such Lifeguard, though in no event shall the total amount of Lifeguard services for the
term of the Agreement exceed Thirty One Thousand and No/100 Dollars ($31,000.00).
In the event that the amount invoiced to the City for Lifeguard services exceeds
$31,000.00, Park Hill shall first provide written notice of such event to the City and
shall suspend provision of the Lifeguard services until the City has provided written
consent of its acceptance of the overcharge.
(b) Stang Services -City Pool Manager and Assistant City Pool Manager/Head
Lifeguard. For City Pool Manager services the City shall pay to Park Hill an amount
determined by multiplying the hourly rate for the City Pool Manager(s) by the hours
worked by such City Pool Manager, though in no event shall the total aggregate amount
of City Pool Manager services for the term of the Agreement exceed Eight Thousand
Eight Hundred Seventy Five and No/100 Dollars ($8,875.00). For Assistant City Pool
Manager/Head Lifeguard services the City shall pay to Pazk Hill an amount determined
by multiplying the hourly rate for the Assistant City Pool Manager(s)/Head Lifeguard(s)
by the hours worked by such Assistant City Pool Manager(s)/Head Lifeguard(s), though
in no event shall the total aggregate amount of Assistant City Pool Manager/Head
2
~, . , .i n ~r , r T ~.
Lifeguard services for the term of the Agreement exceed Eight Thousand and No/100
Dollars ($8,000.00). In the event that the amounts invoiced to the City for City Pool
Manager services or Assistant City Pool Manager/Head Lifeguard services exceed
$8,875.00 or $8,000.00, respectively, Park Hill shall first provide written notice of such
event to the City and shall suspend provision of those services until the City has
provided written consent of its acceptance of the overcharge.
(c) Staffang Services -Administrative Services. For Administrative Services the City shall
pay to Park Hill the total amount of Four Thousand Two Hundred and No/100 Dollars
($4,200.00), such amount to be pro rated as described in Section 2 above. In no event
shall the amount invoiced by Park Hill to the City for the Administrative Services
exceed the total amount of $4,200.00, and in the event that such amount will be in
excess of such limit, the City shall only be required to pay such excess amount if it has
provided its prior written consent to such overcharge.
4. Term and Termination. This Agreement shall be in force from 12:01 a.m. on May 30, 2005
("Commencement Date") until 11:59 p.m. on September 5, 2005 ("Expiration Date").
Notwithstanding anything to the contrary contained in this Agreement, the City may terminate
this Agreement for any reason prior to the Expiration Date after giving Park Hill fifteen (15)
days advance notice of such termination.
5. Duties of City.
(a) Notice of Damage. The City shall immediately notify Park Hill of any damages or
hazardous conditions of which the City becomes aware and shall close the City Pool to
the public in the event that such conditions constitute a reasonable threat to the health,
safety or welfare of City Pool patrons.
(b) Pre-Season Requirements. The City shall engage in such activities and provide such
items as are reasonably required to allow the City to reasonably complete the "Pre-
season Requirements" described on Exhibit B attached hereto and incorporated herein
by this reference.
6. Insurance. Park Hill shall maintain the following insurance for all Services arising out of this
Agreement. Unless otherwise specified in this Agreemient, Park Hill shall maintain such
insurance as will protect Park Hill for claims under Worker's Compensation acts, and protect if
from claims for damages because of bodily injury, including death and property damage, and
claims made by any governmental agency or third person because of harm to the environment,
which may in any way arise out of or be in any manner remote to or any proximate manner
connected with the performance of this Agreement, whether such claim arises out of the act or
failure to act by Park Hill, its employees, assigns, agents, subcontractors, or any other party for
which it may be liable. This insurance shall be written in the kinds and minimum limits of
liability specified below:
Description of Property
Worker's Compensation
Employer Liability
Comprehensive General
Limits of Liability
Statutory
$1,000,000.00 per employee
3
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Liability, including contractual:
Bodily Injury
Property Damage
$1,000,000.00 per employee
$1,000,000.00 per injury
$ 500,000.00 per occurrence
Such insurance shall be maintained in force during the term of this Agreement. Such insurance
policies shall specifically name the City as an additionally insured party. Certificate(s) of
Insurance shall be filed with the City evidencing that the policy or policies are in full force and
effect and that the same will not be altered, amended or terminated without ten (10) days prior
written notice to the City. Park Hill shall furnish the City with adequate evidence that Park Hill
has obtained and is maintaining in force Worker's Compensation insurance as prescribed by the
law of the State of Missouri.
7. Indemnity.
(a) By Park Hill. Park Hill shall indemnify, hold harmless and defend the City, and its
officials, officers, advisors, agents and employees (collectively, the "City Indemnitees")
from and against any and all liabilities, losses, costs, damages and expenses (including
reasonable attorneys' fees and expenses and court costs) of whatsoever nature that may
be incurred by the City Indemnitees, or any of them, arising out of or in connection with
the services provided and obligations undertaken by Park Hill under the terms of this
Agreement, and including allegations by any government agency or third party that
Park Hill is in violation of any federal, state or local statute, regulation or ordinance
relating to the protection of the environment, to the extent that such liabilities, losses,
costs, damages and expenses (including reasonable attorneys' fees and expenses and
court costs) or claim thereof results in whole or in part from the negligent, reckless or
intentional acts or omissions of Park Hill. In so defending the City Indemnitees and
each of them, Park Hill shall provide counsel that is reasonably acceptable to the City.
(b) By the Ciry. The City shall indemnify, hold harmless and defend Park Hill, and its
officials, officers, advisors, agents and employees (collectively, the "Park Hill
Indexnnitees") from and against any and all liabilities, losses, costs, damages and
expenses (including reasonable attorneys' fees and expenses and court costs) of
whatsoever nature that may be incurred by the Park Hill Indemnitees, or any of them,
arising out of or in connection with the services provided and obligations incurred by
the City under the terms of this Agreement, and including allegations by any
goverment agency or third party that the City is in violation of any federal, state or
local statute, regulation or ordinance relating to the protection of the environment, to the
extent that such liabilities, losses, costs, damages and expenses (including reasonable
attorneys' fees and expenses and court costs) or claim thereof results in whole or in part
from the negligent, reckless or intentional acts or omissions of the City. In so defending
the Park Hill Indemnitees and each of them, The City shall provide counsel that is
reasonably acceptable to the Park Hill.
(c) Survival. This Section 7 shall survive the revocation or termination of this Agreement.
8. Strict Performance. No failure by the City to insist upon the strict performance of any
covenant, agreement, term or condition of this Agreement or to exercise a right or remedy shall
constitute a waiver. No waiver of any breach shall affect or alter this Agreement, but each and
every covenant, condition, agreement and term of this Agreement shall continue in full force
and effect with respect to any other existing or subsequent breach.
4
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9. Independent Contractor. It is understood and agreed that nothing herein contained is
intended or should be construed as in any way establishing the relationship of co-partners or a
joint venture between the parties, or as constituting Park Hill as an agent, representative or
employee of the City for any purpose whatsoever. Park Hill is to be, and shall remain at all
times, an independent contractor with respect to all Services performed under this Agreement.
Persons employed by Park Hill in the performance of Services and functions pursuant to this
Agreement are not employees of the City and shall have no claim to pension, workers'
compensation, unemployment compensation, civil service or .other. employee rights or
privileges granted to the City's officers and employees either by operation of law or by the
City.
10. Invalidity or Unenforceability of Particular Provisions. The invalidity and unenforceability
of any particular provision of this Agreement shall not affect the other provisions hereof not
inconsistent with such provision, and the Agreement shall be construed in all respects as if such
invalid or unenforceable provisions were omitted, provided, however, if the remaining
provisions of this Agreement would make the obligations of the parties inequitable vis-ik-vis the
parties or the deletion of any such provisions would materially change the essential terms of
this Agreement, the parties will negotiate in good faith modification of this Agreement to place
the parties in as reasonably close position to their original positions if possible. In the event the
parties are unable to negotiate a modification hereto, either party shall have the right to
terminate this agreement upon not less than fifteen (15) days notice.
11. Notices. All notices, requests, demands and other communications required or permitted
hereunder shall be in writing and shall be deemed to have been duly delivered if delivered in
person or upon the earlier of actual receipt or three (3) business days after deposit with the
United States Postal Service if sent by registered or certified, first-class mail, postage prepaid
to:
To the City: City of Riverside, Missouri
Attention: David Blackburn, City Administrator
2950 NW Vivion Road
Riverside, Missouri 64150
Telephone: 816.741.3 993
To Park Hill: Park Hill Aquatics Center
Attention: Doug Eamhart, Aquatic Director
8152 North Congress
Kansas City, Missouri 64152
Telephone: 816.741.7963
Either party may from time to time change said address by written notice to the other parties,
given as above provided.
12. Governing Law. This Agreement shall be construed or enforced under and in accordance with
the laws of the State of Missouri.
5
n<. .. .i n ~~r ~ ~ r T ~.
13. Entire Agreement. There are no other agreements or understandings, either oral or written,
between the parties affecting this Agreement, except as otherwise specifically provided for or
referred to herein. This Agreement cancels and supersedes all previous agreements between
the parties relating to the provision of services covered by this Agreement. No change or
addition to, or deletion of, any portion of this Agreement shall be valid or binding upon the
parties hereto unless the same is approved in writing by the parties. There are no other
contracts between the parties.
14. No Third-Party Rights. Nothing in this Agreement shall be construed as creating or giving
rise to any rights in any third parties or any persons other than the parties hereto.
15. Construction of Headings. The captions or headings are for convenience only and are not
intended to limit or define the scope or effect of any provision of this Agreement.
[remainder of this page intentionally left blank; signatures on following page)
6
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IN WITNESS WHEREOF, the parties have caused this Agreement to be effective beginning
on the day and year first written above and represent and warrant that the parties signing below have
sufficient authority to bind the parties hereto.
CITY OF RIVERSIDE, MISSOURI (the "City")
i
Print Name: Betty Burch
Title: Mayor
PARK HILL AQUATIC CENTER, by THE PARK
HILLL SCHOOL DISTRICT ("Park Hill")
~~~
Print Name: ~ c..v~ n ~ s ~ i s h.r c
Title: ~ ~~
7
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Exhibit A
Lifeguard Oual~cations and Certifications
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Exhibit B
Pre-Season Reauirements
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Pre-Season Ro9uirwaenta
scoff to roviercv and
1. Meet with Steven Cooper and/or the summeu ~l-~ and ocedtves and any' ~g~ ~
discuss the pool regulations, operations and basic polldas I~
they relate to the Riverside Pool.
2, Make sure the >:irst Aid Kit is stocked and ready for the season. Moro supplies should be
purchased as needed throughout the summer season.
3. Provide an umbrella for each lifeguard cbair and ensure the ocher umbrellas far the deck tables
are repaired or replaced. Repair or replace the tables as needed.
4. Provide the necessary chemicals and clcazi-ng supplies.
5. Continue to provide a desk and chair for the pool manager. Continue to provide a cooler and
aCCe66 t0 Ice.
6. Try to provide a small re&igcrator for the staffto put than hmchos•
7. Modify pool hours during the Bchool year to accommodate high school age staffmembers.
8. Repair the automatic pool sweep for the season.
9. Provide any needed office suppltcs.
10. provide the necesasrY clocks throughout the pool fgplity
11. Make sure cash register is in working ordea.
12. Males aura the surface of the locker room floors are skid proof far safety purposes or provide
more mats to instue this eatbty.
13. Cotrtiuue to provide a cell phonelpoltce pager for the safety of the fac~hlitY•
14. Continue to provide the necessary memberah-p forms and other forms needed for the everyday
operations of the pool.
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