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HomeMy WebLinkAbout2004-051 - Agreement with Park Hill Acquatic Center. ~ BILL N0.2004-51 ORDINANCE N0.2004-51 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 Pazk Hill Aquatic Center and the Park Hill School District (collectively, "Pazk 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 2004; 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 Fifty Three Thousand Two Hundred and No/100 Dollazs ($53,200.00) (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 ~'~day of 004. ~~ ~~~~~ Mayor TTE City erk ,~..~ ., . T ,i ~ r. .. r I't T ,i~' "i t>R ~\~"~ SERVICES AGREEMENT THIS SERVICE AGREEMENT is entered into as of the ~~day of , 2004, by and between The City of Riverside, Missouri, having an address of 29 Vivion Road, Riverside, Missouri 64150 (the "City"), and Park Hill Aquatic Center, having dress 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 "Pazk 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 Pazk 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, Pazk Hill shall provide staffing services ("Staffing Services") for City Pool-related activities and duties, such activities an~uties to be referred to in this Agreement as the Maintenance Services. ]:n addition, ' azk Hill, in exchange for-the consideration described below, shall provide the Administrative Services described below. (b) Staffing Services. Park Hill shall fill the following staffing needs: (i) Lifeguard staff; (ii) Assistant City Pool Manager/Head Lifeguard; • (iii) City Pool Manager; and (iv) Water Aerobics Instructor. Pack 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/Iiead Lifeguazd shall be on duty during all hours of operation. ]?azk Hill shall -also provide adequate staff to handle all admission ,~ .r ... y .i ~ r I I •i T ?,~ nl activities, concession activities and all other activities and duties reasonably stemming from proper and professional operation of the City Pool. (c) Maintenance Services. Park 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. Pazk 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. (e) .Water Aerobics. Pazk Hill shall provide one (1) instructor trained and certified by a national or state certification board to teach all water aerobics classes scheduled through the Riverside Community Center. 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 prepazed by Pazk Hill shall include a description of each chazge, including the hourly rate and the total hours charged 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 Lifeguazd, 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 obligarions 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 Lifeguard services the City shall pay to Park 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 Two Thousand and No/100 Dollars ($32,000.00). In the event that the amount .invoiced to the City for Lifeguazd services exceeds $32,000.00, 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 overchazge. (b) Staj~`ing 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 2 0~ 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 Lifeguazd(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 Lifeguard services for the term of the Agreement exceed Seven Thousand Eight Hundred Twenty Five and No/100 Dollazs ($7,825.00). 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 $7825.00, respectively, Pazk 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) Stang Services -Administrative Services. For Administrative Services the City shall pay to Pazk Hill the total amount of Four Thousand and No/100 Dollars ($4,000.00), such amount to be pro rated as described in Section 2 above. In no event shall the amount invoiced by Pazk Hill to the City for the Administrative Services exceed the total amount of $4,000.00, 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 overchazge. (d) Water Aerobics Instructor. For Water Aerobics Instructor services the City shall pay to Pazk Hill the total amount of Five Hundred and No/100 Dollars ($500.00), 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 Water Aerobics Instructor services exceed the total amount of $500.00, 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 overchazge. 4. Term and Termination. This Agreement shall be in force from 12:01 a.m. on May 29, 2004 ("Commencement Date's until 11:59 p.m. on September 6, 2004 ("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 Pazk 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 awaze and shall close the City Pool to the public in the event that such conditions constitute a reasonable threat to the health, safety or welfaze 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. 3 .~ ,, 6. Insurance. Pazk Hill shall maintain the following insurance for all Services arising out of this Agreement. Unless otherwise specified in this Agreement, Pazk 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 azise 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 Liability, including contractual: Bodily Injury Property Damage Limits of Liability Statutory $1,000,000.00 per employee $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. Pazk Hill shall furnish the City with adequate evidence that Pazk 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 Indernnitees") 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 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 Pazk Hill. In so defending the City Indemnitees and each of them, Pazk Hill shall provide counsel that is reasonably acceptable to the City. (b) By the City. The City shall indemnify, hold harmless and defend Park Hill, and its officials, officers, advisors, agents and employees (collectively, the "Park Hill Indemnitees") from and against any and all liabilities, losses, costs, damages and expenses (including reasonable attomeys' fees and expenses and court costs) of whatsoever nature that may be incurred by the Pazk Hill Indemnitees, or any of them, 4 ,~ .r .. , 4 .i ~ r I I 'i T T6' +~ <~ 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") PARK HILL AQUATIC CENTER, by THE PARK HQ.LL SCHOOL DISTRICT ("Park Hill") Print Name: ~n n is ~~ ~ l..t~r Title: ~~ ~A ~7~' 7 ,~ .r ... 4 .i ~ ~ 1 I 'i T d .i 'r ~r Exhibit A Lifeeuard Qualifications and Certifications 8 ... ~ ,i ~ r r o ~t ~ r~ ti t ~~ .r ~ 'ajeP uoR~~ mog (S)am I 30) ppee se ~9N~ s7g1 ra~ry8oaaz ssar~ pag aeapamy a4Z booz/8z/£ ~la~anroo a3sQ xaant~ ~itvnav mna ~xva dq palonpuoo ZI~S:I2I O?Id NOd Nd0 ro; sluauiagnbar aql palaTdcaoo seq I-LLZI0I~I VQNdY~ly legs sazp~oaar s~qy 'a~ep uopa~dmar mag (S)am £ ~ PAee ae a~9A>aa s~q~ asor~ ~ aerlramY a4L b00Z/8Z/£ pala~dmoo a3eQ x~.~ ~~.tvnav ~H xxva q pa~npuoo Tooz va ~ s-~uruvxi avvn~uz ro; slaaaiagnbar ayl pa3alduioo seq HL~IOI~I vQ11f~LNv leyl saz~u8oaar s~qJ, ~~ $a o ~~ g~ ~~ ~6 qq~~. W7 i ! ~- ---' ~epaopa~dmoamoy (s).~ £ ~oTPll~se an°9~' ~R saz~a8oaaz slop T»N °~~ aAi £OOZ/569, palaidmoa aaeQ y ~~~ ~Tytlnatl z~T xxva ~yp~npuoa ~ $ ~3 . ... s axtln~~ i00Z tlti'8 JAIINitlB o ~ ~° ~ Z a a3a daro~ seq so; slua~aannbai tT~ P i ° ~q, O ~ 7 ~I,ZId~ H13I~tl lags saziu8o~ s1Q.L ,anpaopaTdmoama~(S)s~/'T so3PA~~ ' a1~9Naa ~!T .i ssorJ P~1 aaalramVaR1. `y £OOZ/S/9 pa;aTdmoa a1eQ ~~1' g~yN~ ~IdtlIIZ/tl Z'I[H~d ~ p~npuoa B A a ~~s~xoxaxo3~a~ 3 ' ~_ ai ay; paxaTdaroa seq °0p io; s~acamasmb ,~ q ~ ~II,L2IV~ I3iJI~III~ ~ SazraBoaas s!q,L 'r .r 4 .i n r t I 'T T i6' n • 1 ~ o Z a~ ~ ThLS reCOgniZCS that JOSH EARNHART has completed the requirements for CPR FOR PRO RESCUER conducted by PARK HILL AQUATICS Date completed 5/15/2004 The American Red Crass reco~izes this certificace as valid for I year(s) from wmplMton date. 1. ~. ~ _~ m~ a ~ ~° . This recognizes that JOHNATJIAN WALDON has completed the requirements for LIFEGUARD TRAINING 8c FA 2001 conducted by PARK HILL AQUATICS Date completed 5/15/2004 Y1ie American Red Cross recogWzeg this certlfirate as valid for gyear(s) from compl~on date. ~~ ~ a ~ 'C ~a ~ ~= This recognizes that JOHNATHAN~WALDON has completed the requirements for CPR FOR PRO RESCUER conduMed by PARK HII.L AQUATICS Date completed 5/15/2004 ' The American Red Cross recognizes this certlficate as va0d for 1 }ear(s) from compledon date. ,,. .t ... a .~ n I• ' i' I "i T 16' a. :,. , .. t ~ ~~~ ~' JEFF a te4'~~`~ts for ~~R comPl~ G a ~ PRO CPRPOR . ~ yy coLAQUpTR%~~R ~~ ~ YARK~' SIy2~ m comP~e ~ Da ~~ , ~~ ~(s)~ as _ _ - -- . T I ' i T T6' ~. ~ ~ ~ ~. ' J .i ~ ` ~ e .. .:; r, t f . . _. ... err Y^r e +.;7+ 4 U _... .:. d-._ _, _ ........... .... .. ..:- Y~ ~~ .. w~npn/~//~~ ~jy~~~ .~. ThjC ypvv~~ t11LLt. • - ~ ~ ~ .. "'' ' :ROXRNNR CIAPP ` ! ~# ' ` ~ ~ - has completed the req~rements #or _ ~~ CpR pOR pR0 RESCUER "' ' ~~ _- ~ RKB~° ~Ztpe+CENTER pA L 5/2/2004 .Date wmpleted n ~= reca~ this c~°~ 'Red Cross ~ . 1.. , . The ~(s~,~comphxlondate. ~`: . . 1 at alid i ¢: x - - s' .. - . .. ~ :' i i~ >: i r e. 'r 'r ~ 4 .i ~ r ~ T I 't T ?6 11, . II`Lj~ ~Q~e$ LLWt l~ ~ >•l1lT L`D ~ V ~ C ~ •~ ° for e~ m hgs completed the re4~ CpR gOR PRO RESC~R g , ~ ~ ~ R PARK HgEEL~ CF,NTER 3/7/Z0~'} '~ F Data completed ~ ,~ ~~ Cry rccognizcs. this cetdf~~ asvalidfor 9~~s~ fiomcomple~e°~. r ,~ .r .: , 1 a ~ ~ . i I 'i T Ilf. a ~. q ,I' _r .. , 4 .i ~ r pN e m a~ ~ ., -- ~~ a 0 ~~ ~~ E This recognizes that BRENT N1EI-TAUS has completed the requirements for CPR FOR PRO RESCUER conducted hY PARK HII,L AQUATIC CENTER Date completed 5/16/2004 TheAmedtxn Red Cross reco~izes [Lis certl6cate asvalidfor 1 Y~(s)from.comPle0ondate. ,~ .r .. , 4 ,i ~ .~~ ~~ a~ ~ h~' I This recognizes Utat BRENT I~IIEFfAUS has completed the requirements for LIFEGUARD TRAINING & FA 2001 conducted hY PARK HILL AQUATIC CENTER Date completed 5/16/2004 the Amedcm Red Cross recogaizas dds cettlfirste as valid for 3 year(s) from cwmpletlon date. r r o .t T tr t .~ :~ .:..~, ~ . :~ .~ a ' -- P ~ ~~ .~.. ~ ~ 1 ~~. '~ ~ ~ ~. ~ ; ~~~. ~~~ ~o~~c - .:: ,,~ ` , ' ~r •r tr i rt r ~ 1' I' i T Tf' r r'- ~.~, r7 Exhibit B Pre-Season Reauirements 9 Pre- Season Requirements 1. Meet with Doug Earnhart and/or the summer Aquatic Center managerial staff to review and discuss the pool regulations, operations and basic policies and procedures and any changes as they relate to the Riverside Pool. 2. Make sure the First Aid Kit is stocked and ready for the season. More supplies should be purchased as needed throughout the summer season. 3. Provide an umbrella for each lifeguard chair and ensure the other umbrellas for the deck tables are repaired or replaced. Repair or replace the tables as needed. 4. Provide the necessary chemicals and cleaning supplies. 5. Continue to provide a desk and chair for the pool manager. Continue to provide a cooler and access to ice. 6. Try to provide a small refrigerator for the staff to put their lunches. 7. Modify pool hours during the school year to accommodate high school age staff members. 8. Repair the automatic pool sweep for the season(if repairable). 9. Provide any needed office supplies. 10. Provide the necessary clocks throughout the pool facility. 11. Make sure cash register is in working order. 12. Make sure the surface of the locker room floors are skid proof for safety purposes or provide more mats to insure this safety. 13. Continue to provide a cell phone/police pager for the safety of the facility. 14. Continue to provide the necessary membership forms and other forms needed for the everyday operations of the pool. 15. Install fans in the corners of the manager/staff room for better ventilation during the summer. 16. Provide sia money bags with zippers. Not the ones that lock! 'G 'f ~ i 'I ~ f 1` I 'i ii if.