HomeMy WebLinkAbout25F - AGMT BLUERAY AQUATICS PROGRAMSREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JANUARY 21, 2020
TITLE:
APPROVE AN AGREEMENT WITH
BLUERAY MANAGEMENT, LLC. FOR
MANAGEMENT AND OPERATION
SERVICES OF THE AQUATICS PROGRAMS
AT CITY POOLS FOR AN ANNUAL
AMOUNT NOT TO EXCEED $169,467 FOR
THE PERIOD OF JANUARY 21, 2020 TO
JANUARY 20, 2021 WITH TWO, ONE-YEAR
RENEWAL OPTIONS (TOTAL AMOUNT OF
$508,401) TO BE FUNDED BY THE
GENERAL FUND AND CANNABIS FUND
{STRATEGIC PLAN NO. 5,61
/s/Kristine Ridge
CITY MANAGER
CLERK OF COUNCIL USE ONLY:
:••e• s
❑ As Recommended
❑ As Amended
❑ Ordinance on 1s' Reading
❑ Ordinance on 2nd Reading
❑ Implementing Resolution
❑ Set Public Hearing For_
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
Authorize the City Manager to execute an agreement with Blueray Management, LLC. for
management and operation services of the aquatic programs at City pools for an annual amount
not to exceed $169,467 for the period January 21, 2020 to January 20, 2021, with two, one-year
renewal options, for a total agreement amount of $508,401.00, to be funded by the General Fund
and Cannabis Fund, subject to non -substantive changes approved by the City Manager and City
Attorney.
DISCUSSION
City staff reviewed the current management and operations of aquatics programs and services
provided by the City. The model utilized for many years included part-time staffing and contract
services. The results of the analysis revealed the need to move aquatic management and
operations to the next level by expanding the safety standards, eliminate staffing challenges,
provide highly trained and experienced staff, and create a safe, family -oriented swimming
environment. In addition, City staff desired to solicit proposals for a contracted service provider to
facilitate the entire aquatics operations.
On November 7, 2019, the City issued a Request for Proposals (RFP) seeking qualified and
experienced aquatic facility operators to submit proposals for seasonal and year-round aquatic
programs at City pools, including swimming lessons, recreational/open swim, swim team, and water
polo coaching, aqua aerobics, lap swim, and lifeguard training services. Seasonal programming
will be offered at the four City pools beginning in May 2020 and year-round programming will be
offered at one City pool (Memorial) beginning in Winter/Spring of 2020.
25F-1
Agreement with Blueray Management, LLC. for management and operation services of the
aquatics programs at city pools
January 21, 2020
Page 2
PlanetBids.com is the website the City uses to post RFP's to solicit proposals from vendors. There
were 89 vendors notified of the project (four Santa Ana companies), seven vendors downloaded
the documents (zero Santa Ana companies), and the city received one proposal.
Even though there was only one proposal, an evaluation committee consisting of representatives
from the City reviewed and rated the proposal according to the criteria listed in the RFP. Based
upon the proposal, the evaluation committee determined that the Blueray Management, LLC
(Blueray) was qualified and had the capacity to operate the aquatics programs. Blueray is the
existing contractor for many aquatic services at the City pools. As an existing partner with the City,
Blueray has provided professionally reputable programs. Blueray's proposal would continue to
provide swimming programs as under the current model, but would now include the management
and operation of the open -swim component for a cost of $169,467.
As a result of Blueray providing 100 percent of the aquatic operational programming at City pools,
the City will no longer collect revenue related to the Open Swim Program that was previously
managed by the City, estimated at approximately $25,000 per year.
The salient terms of the agreement are as follows:
• One year agreement with two, one-year renewal options (possible re -negotiations after
each year)
• Blueray will be responsible for all operations of the pools
• Blueray will be responsible for all program materials needed (City will provide space on
City Brochure to market the aquatics programs)
• Blueray will retain all revenue from operations (programs, open swim, leagues, etc.)
• Blueray will have an annual audit completed and make all audit records available to the
City within 60 days of the end of the calendar year.
• City responsible for maintenance and utilities of the facilities and pool areas. City will work
with the Operator on the water temperature, but cannot guarantee a set water
temperature. The City understands that this may have an effect on whether a session is
canceled. City will install lane line eyebolts at Memorial Pool.
• Blueray must obtain City approval for rate changes
• Blueray must obtain City approval for schedule changes (in instances where public access
is modified)
Approval of this agreement will be a benefit to the public (extended swim season, consistent staffing
levels at pools).
STRATEGIC PLAN ALIGNMENT
Approval of this item supports the City's efforts to meet Strategic Plan Goal #5 — Community Health,
Livability, Engagement & Sustainability, Objective #6 (focus projects and programs on improving
the health and wellness of all residents).
25F-2
Agreement with Blueray Management, LLC. for management and operation services of the
aquatics programs at city pools
January 21, 2020
Page 3
FISCAL IMPACT
The yearly amount will be paid in six equal installments starting in April of each year. Funds are
available in the following account for the specified fiscal vear of the term:
Fiscal
Accounting
Fund
Accounting Unit, Account
Amount
Year
Unit -Account
Description
Description
FY 19-20
01113230-
General
PRCSA-Recreation & Comm. Svcs.,
$84,733.50
62300
Fund
Contract Services -Professional
Funds will be budgeted and made available in the following account for the specified fiscal year of
the initial term:
Fiscal
Accounting
Fund
Accounting Unit, Account
Amount
Year
Unit -Account
Description
Description
FY 20-21
01213020-
Cannabis
PRCSA-Youth Services,
$84,733.50
62300
Fund
Contract Services -Professional
If renewed, funds will be budgeted and made available in the following account for the specified
fiscal vears for the remainina renewal periods for a total agreement amount of $508.401.00.
Fiscal
Accounting
Fund
Accounting Unit, Account
Amount
Year
Unit -Account
Description
Description
FY 20-21
01213020-
Cannabis
PRCSA-Youth Services,
$84,733.50
62300
Fund
Contract Services -Professional
FY 21-22
01213020-
Cannabis
PRCSA-Youth Services,
$169,467.00
62300
Fund
Contract Services -Professional
FY 22-23
01213020-
Cannabis
PRCSA-Youth Services,
$84,733.50
62300
Fund
Contract Services -Professional
Lisa Rudloff
Executive Director
Parks, Recreation, and Community
Services Agency
Exhibit: 1. Agreement
Kathryn Downs, CPA
Executive Director
Finance and Management Services Agency
25F-3
Exhibit 7
AGREEMENT TO OPERATE AND MANAGE ALL CITY POOLS
THIS AGREEMENT is made and entered into this 21st day of January, 2020 by and
between Blueray Management, LLC, a California Limited Liability Company ("Provider"), and
the City of Santa Ana, a charter city and municipal corporation organized and existing under the
Constitution and laws of the State of California ("City").
RECITALS
A. City issued Request for Proposal ("UP") No. 19-111 for an Aquatics Program
Operator. Provider submitted their proposal dated November 7, 2019 in response
to RFP No. 19-111 (Provider's proposal is incorporated by reference as though
completely set forth herein).
B. The City desires to retain a Provider, having special skill and knowledge in the field
of public pool management including but not limited to staffing, training, and safety
services ("lifeguard services") for the City's pools.
B. Provider represents that Provider is able and willing to provide such services to the
City.
C. In undertaking the performance of this Agreement, Provider represents that it is
knowledgeable in its field and that any services performed by Provider under this
Agreement will be performed in compliance with such standards as may reasonably
be expected.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject
to the terms and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
Provider shall manage, staff, and operate all City Pools as more fully discussed in Exhibit
A and Provider's proposal.
2. COMPENSATION
a. City agrees to pay, and Provider agrees to accept as total payment for its services
under this Agreement, the rates and charges identified in the attached portions of
Provider's Proposal attached hereto as Exhibit B.
b. The total sum to be expended under the term of this Agreement shall not exceed an
annual amount of $169,467.00. The total Agreement not to exceed amount,
including all optional renewals, shall not exceed $508,401.00. The annual amount
shall be paid over six (6) equal monthly installments from April through September
as outlined below:
#21956v2
251F-4
Exhibit 7
Invoice Date
Payment Amount
April 1st
$28,244.50
May ls`
$28,244.50
June lst
$28,244.50
July 1"
$28,244.50
August 15'
$28,244.50
September 15t
$28,244.50
October 1"
$0
November 1"
$0
December 1'
$0
January 1'
$0
February 1"
$0
March 1"
$0
C. Provider will invoice the City on the first of each month. Payment by City shall be
made within thirty (30) days following receipt of proper invoice evidencing work
performed, subject to City accounting procedures. Payment need not be made for
work, which fails to meet the standards of performance set forth in the Recitals, and
Scope of Work, which may reasonably be expected by City.
MIMME Y �f AVId
This Agreement shall commence on January 21, 2020 and terminate on January 20, 2021,
unless terminated earlier in accordance with Section 15, below. There shall be two optional one-
year extensions allowed pursuant to this Agreement and exercisable by the City with the approval
of the Provider. Additionally, the parties agree that certain specified sections of this Agreement
will survive termination or expiration of the Agreement.
4. INDEPENDENT PROVIDER
Provider and its employees, agents and officers shall, during the entire term of this
Agreement, be construed to be independent Providers and not employees of the City. This
Agreement is not intended nor shall it be construed to create an employer -employee relationship,
a joint venture relationship, or to allow the City to exercise discretion or control over the
professional manner in which Provider performs the services which are the subject matter of this
Agreement; however, the services to be provided by Provider shall be provided in a manner
consistent with all applicable standards and regulations governing such services. Provider shall
pay all salaries and wages, employer's social security taxes, unemployment insurance and similar
taxes relating to employees and shall be responsible for all applicable withholding taxes. Provider
is not an agent, representative, or employee of the City and Provider shall have no authority to act
on behalf of the City.
5. INSURANCE
Prior to undertaking performance of work under this Agreement, Provider shall maintain
and shall require its subcontractors, if any, to obtain and maintain insurance as described below:
#21956v2
25i-5
Exhibit 7
a. Commercial General Liability Insurance. Provider shall maintain commercial
general liability insurance naming the City, its officers, employees, agents,
volunteers and representatives as additional insured(s) and shall include, but not be
limited to protection against claims arising from bodily and personal injury,
including death resulting therefrom and damage to property, resulting from any act
or occurrence arising out of Provider's operations in the performance of this
Agreement, including, without limitation, acts involving vehicles. There shall not
be any exclusion for coverage of sexual molestation. The amounts of insurance
shall be not less than the following: single limit coverage applying to bodily and
personal injury, including death resulting therefrom, and property damage, in the
total amount of $2,000,000 per occurrence, with $3,000,000 in the aggregate. Such
insurance shall (a) name the City, its officers, employees, agents, volunteers and
representatives as additional insured(s); (b) be primary with respect to insurance or
self-insurance programs maintained by the City; and (c) contain standard separation
of insureds provisions.
b. Business automobile liability insurance, or equivalent form, with a combined single
limit of not less than $1,000,000 per occurrence. Such insurance shall include
coverage for owned, hired and non -owned automobiles.
C. Worker's Compensation Insurance. In accordance with the California Labor Code,
Provider, if Provider has any employees, is required to be insured against liability
for worker's compensation or to undertake self-insurance. Prior to commencing
the performance of the work under this Agreement, Provider agrees to obtain and
maintain any employer's liability insurance with limits not less than $1,000,000 per
accident.
d. If Provider is or employs a licensed professional such as an architect or engineer:
Professional liability (errors and omissions) insurance, with a combined single limit
of not less than $1,000,000 per claim with $2,000,000 in the aggregate.
e. The following requirements apply to the insurance to be provided by Provider
pursuant to this section:
#21956v2
(i) Provider shall maintain all insurance required above in full force and effect
for the entire period covered by this Agreement.
(ii) Certificates of insurance shall be furnished to the City upon execution of
this Agreement and shall be approved by the City.
(iii) Certificates and policies shall state that the policies shall not be cancelled
or reduced in coverage or changed in any other material aspect, by Provider,
without thirty (30) days prior written notice to the City.
(iv) Provider shall supply City with a fully executed additional insured
endorsement.
(v) To the extent that Provider has insurance coverage in excess of that set forth
in this Agreement, City shall be entitled to coverage to the full extent of
25P-6
Exhibit 7
Provider's insurance coverage in place during the term of this Agreement.
f. If Provider fails or refuses to produce or maintain the insurance required by this
section or fails or refuses to furnish the City with required proof that insurance has
been procured and is in force and paid for, the City shall have the right, at the City's
election, to forthwith terminate this Agreement. Such termination shall not affect
Provider's right to be paid for its time and materials expended prior to notification
of termination. Provider waives the right to receive compensation and agrees to
indemnify the City for any work performed prior to approval of insurance by the
City.
6. INDEMNIFICATION
Provider agrees to defend, and shall indemnify and hold harmless the City, its officers,
agents, employees, Providers, special counsel, and representatives from liability: (1) for personal
injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for
personal injury, including death, and claims for property damage, which may arise from the
negligent operations of the Provider or its subcontractors, agents, employees, or other persons
acting on their behalf which relates to the services described in section 1 of this Agreement; and
(2) from any claim that personal injury, damages, just compensation, restitution, judicial or
equitable relief is due by reason of the terms of or effects arising from this Agreement. This
indemnity and hold harmless agreement applies to all claims for damages, just compensation,
restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the
events referred to in this Section or by reason of the terms of, or effects, arising from this
Agreement. The Provider further agrees to indemnify, hold harmless, and pay all costs for the
defense of the City, including fees and costs for special counsel to be selected by the City,
regarding any action by a third party challenging the validity of this Agreement, or asserting that
personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal
or property rights arises by reason of the terms of, or effects arising from this Agreement. City
may make all reasonable decisions with respect to its representation in any legal proceeding. This
indemnification provision shall survive expiration or termination of this Agreement.
7. RECORDS
Provider shall keep records and invoices in connection with the work to be performed
under this Agreement. Provider shall maintain complete and accurate records with respect to the
costs incurred under this Agreement and any services, expenditures, and disbursements charged to
the City for a minimum period of three (3) years, or for any longer period required by law, from
the date of final payment to Provider under this Agreement. All such records and invoices shall
be clearly identifiable. Provider shall allow a representative of the City to examine, audit, and
make transcripts or copies of such records and any other documents created pursuant to this
Agreement during regular business hours. Provider shall allow inspection of all work, data,
documents, proceedings, and activities related to this Agreement for a period of three (3) years
from the date of final payment to Provider under this Agreement. This records provision shall
survive expiration or termination of this Agreement.
#21956v2
25V-7
Exhibit 7
8. CONFIDENTIALITY
If Provider receives from the City information which due to the nature of such information
is reasonably understood to be confidential and/or proprietary, Provider agrees that it shall not use
or disclose such information except in the performance of this Agreement, and further agrees to
exercise the same degree of care it uses to protect its own information of like importance, but in
no event less than reasonable care. "Confidential Information" shall include all nonpublic
information. Confidential information includes not only written information, but also information
transferred orally, visually, electronically, or by other means. Confidential information disclosed
to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The
foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has
been disclosed in publicly available sources; (b) is, through no fault of the Provider disclosed in a
publicly available source; (c) is in rightful possession of the Provider without an obligation of
confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently
developed by the Provider without reference to information disclosed by the City. This
confidentiality provision shall survive expiration or termination of this Agreement.
9. CONFLICT OF INTEREST CLAUSE
Provider covenants that it presently has no interest and shall not have interests, direct or
indirect, which would conflict in any manner with performance of services specified under this
Agreement.
10. BACKGROUND CHECK REQUIREMENTS
Provider shall not assign any employee, agent, subcontractor or volunteer to provide
services pursuant to this Agreement, if that employee, agent, subcontractor or volunteer is required
to register as a sex offender under California Penal Code Section 290 et seq, has a conviction for
any crime of moral turpitude, has a conviction for a violent felony as defined in California Penal
Code Section 667.5(c), or has a conviction for a serious felony as defined in California Penal Code
Section 1192.7(c). Disqualifying convictions include but are not limited to, violations of California
Penal Code Sections 37, 128, 136.1 with Section 186.22, 187, 190-190.4 and 192(a), 205, 206,
207-209.5, 211, 212, 212.5, 213, 214, 215, 218-219, 220, 236.1(b) or 236.1(c), 243.4, 261, 261.5,
273.5, 262, 264.1, 266, 266c, 266h, 266i, 266j, 267, 269, 272, 273a, 273ab, 273d, 285, 286, 288,
288a, 288.2, 288.3, 288.4, 288.5, 288.7, 289, 290, 311.1, 311.2, 311.3, 311.4, 311.10, 311.11, 314,
347(a), 368, 417(b), 451(a),518 with 186.22, 647.6, 653f(c), 664 and 187, 667.5(c), 18745, 18750,
or 18755, 12022.53, 11418(b)(1) or (b)(2); Business and Professions Code Section 729. Failure
to comply with this Section shall be grounds for immediate termination of this Agreement.
11. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement
shall be in writing and shall be deemed to be properly given if delivered in person or mailed by
first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in
the manner provided in this Section, to the following persons:
#21956v2
25fF-8
Exhibit 7
To City: Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
With copy to: Executive Director
Public Works Agency
City of Santa Ana
20 Civic Center Plaza (M-21)
P.O. Box 1988
Santa Ana, CA 92702
To Provider: Blueray Management, LLC
10661 Ellis Ave., Ste. E
Fountain Valley, CA 92708
Attn: Abdullah Pearose, President
Email: abbv«iswimblueray.com
Fax: (949) 494-7066
A party may change its address by giving notice in writing to the other party. Thereafter,
any communication shall be addressed and transmitted to the new address. If sent by mail,
communication shall be effective or deemed to have been given three (3) days after it has been
deposited in the United States mail, duly registered or certified, with postage prepaid, and
addressed as set forth above. If sent by fax, communication shall be effective or deemed to have
been given twenty-four (24) hours after the time set forth on the transmission report issued by the
transmitting facsimile machine, addressed as set forth above. For purposes of calculating these
timeframes, weekends, federal, state, County or City holidays shall be excluded.
12. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Provider regarding the subject matter herein, and supersedes any and all other agreements, oral or
written, between the parties. In the event of a conflict between the terms of this Agreement and
any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be
modified except by written instrument signed by the City and by an authorized representative of
Provider. The parties agree that any terms or conditions of any purchase order or other instrument
that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or
obligate Provider or the City. Each party to this Agreement acknowledges that no representations,
inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone
acting on behalf of any party, which are not embodied herein.
#21956v2
25V-9
Exhibit 7
13. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Provider, it
may not assign, transfer, delegate, or subcontract any interest herein without the prior written
consent of the City and any such assignment, transfer, delegation or subcontract without the City's
prior written consent shall be considered null and void. Nothing in this Agreement shall be
construed to limit the City's ability to have any of the services, which are the subject to this
Agreement performed by City personnel or by other Providers retained by City.
14. WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or
granted by the provisions of this Agreement shall be effective unless it is in writing and signed by
the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or
remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not
similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.
15. TERMINATION
Except as otherwise provided herein, this Agreement may be terminated by the City upon
thirty (30) days written notice of termination. In such event, Provider shall be entitled to receive
and the City shall pay Provider compensation for all services performed by Provider prior to the
effective date of termination.
16. NON-DISCRIMINATION
Provider shall not discriminate because of race, color, creed, religion, sex, marital status,
sexual orientation, gender identity, gender expression, gender, medical conditions, genetic
information, or military and veteran status, age, national origin, ancestry, or disability, as defined
and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization,
promotion, termination or other employment related activities or any services provided under
this Agreement. Provider affirms that it is an equal opportunity employer and shall comply with
all applicable federal, state and local laws and regulations.
17. JURISDICTION -VENUE
This Agreement has been executed and delivered in the State of California and the validity,
interpretation, performance, and enforcement of any of the clauses of this Agreement shall be
determined and governed by the laws of the State of California. Both parties further agree that
Orange County, California, shall be the venue for any action or proceeding that may be brought or
arise out of, in connection with or by reason of this Agreement. This jurisdiction provision will
survive expiration or termination of this Agreement.
#21956v2
25F-10
Exhibit 7
18. LICENSES
Provider shall, throughout the term of this Agreement, maintain all necessary licenses,
permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder
and required by the laws and regulations of the United States, the State of California, the City of
Santa Ana and all other governmental agencies. Provider shall notify the City immediately and in
writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and
exemptions. Said inability shall be cause for termination of this Agreement.
19. SEVERABILITY
In the event that one or more of the phrases, sentences, clauses, paragraphs, or sections
contained in this Agreement shall be declared invalid or unenforceable by valid judgment or decree
of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the
remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement, which shall be
interpreted to carry out the intent of the parties hereunder.
20. EXHIBITS
All Exhibits referenced herein and/ or attached hereto shall be incorporated as if fully set
forth in the body of this Agreement.
21. AUTHORITY
The person(s) executing this Agreement on behalf of the parties hereto warrant that they
are duly authorized to execute this Agreement on behalf of said parties and that by so executing
this Agreement, the parties hereto are formally bound by the provisions of this Agreement.
22. COUNTERPARTS
This Agreement may be executed by the parties hereto in separate counterparts, each of
which when executed and delivered shall be an original, but all such counterparts shall together
constitute one and the same instrument. Each counterpart may consist of a number of copies hereof
each signed by less than all, but together signed by all of the parties hereto.
23. ELECTRONIC SIGNATURES
This Agreement and counterparts of this Agreement may be executed and delivered by
facsimile or other electronic means by any of the parties to this Agreement. The facsimile, email,
or other electronically delivered signatures of the parties shall be deemed to constitute original
signatures.
#21956v2
25F-11
Exhibit 7
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and
year first above written.
ATTEST:
Daisy Gomez
Clerk of the Council
APPROVED AS TO FORM
SONIA R. CARVALHO
City Attorney
By: Cuwk �y&nL
Laura A. Rossini
Senior Assistant City Attorney
RECOMMENDED FOR APPROVAL
Lisa Rudloff
Executive Director
Parks, Recreation and Community Services Agency
#21956v2
CITY OF SANTA ANA
Kristine Ridge
City Manager
PROVIDER
Name: Abdullah Pearose
Title: President
Blue Ray Management LLC.
25P-12
Exhibit 7
APPROVED AS TO FORM
SONIA R. CARVALHO
City Attorney
By:1W
Laura A. Rossini
Senior Assistant City Attorney
RECOMMENDED FOR APPROVAL
PROVIDER
Title: President
Blue Ray Management LLC.
0
Lisa Rudloff
Executive Director
Parks, Recreation and Community Services Agency
9
25F-13
Exhibit 7
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EXHIBIT A
SCOPE OF SERVICES/PROPOSAL
25P-14
Exhibit 7
1. MANAGEMENT AND OPERATION SERVICES
Provider is responsible for the management and operations of the five (5) City pools.
Provider's responsibilities include recruiting, training, hiring and supervising staff,
planning, scheduling and promoting programs; register participants; collect program fees
and manage private pool reservations.
1.1 AQUATICS PROGRAMS
Provider is responsible for the planning, scheduling, staffing, promotion and
registration for all aquatics programs at City pools. City will have final approval
of all schedules for Aquatics Programs and Provider will not change schedule
without City approval. Programs proposed by Provider and approved by the City
include:
#21956v2
1.1.1 SWIM LESSONS
Provider will offer public swim lessons according to the nationally
recognized American Red Cross Learn -to -Swim Program. The programs
will operate on a schedule determined by the provider and approved by the
City. A maximum of six (6) registered swim participants per instructor with
the exception of the Parent & Me and Adult swim classes, for which courses
can accommodate up to 10 participants per instructor.
1.1.2 RECREATION/OPEN SWIM
Provider will offer two (2) daily recreation/open swim sessions at five (5)
pools for people of all ages and swimming abilities.
1.1.2.1 WATER SAFETY VISUALS
Provider shall submit visual diagrams of all 5 CITY Pools
noting examples of Safety Rotation and Zone Transfer plans.
1.1.3 SWIM TEAM
The Provider will offer a swim team program at five (5) city pools for all
interested participants, ages 5-17. The swim team program will operate on
a schedule determined by the provider and approved by the City. Teams will
compete in the City's traditional events. All Meets governed by United
States Swimming (USS) rules and regulations.
1.1.4 WATER POLO
The Provider will offer a water polo program at Memorial Pool for all
interested participants ages 9-14.
1.1.5 AQUA AEROBICS
The Provider will offer an aqua aerobics program, for ages 18 and over at
Salgado Pool.
250-15
Exhibit 7
1.1.6 LAP SWIMMING
The Provider will offer a lap swim program, for all interested participants.
1.2 PERSONNEL
The Provider is responsible to provide reasonable and adequate staffing to maintain
operations. The staff will have the required qualifications and certifications for each
particular position. The Provider will maintain appropriate and safe ratios for
lifeguards to pool users. The Provider will maintain reasonable evidence and
documentation of their hiring practices, background checks, certifications, and
training (Preservice/employment orientation, on-the-job training, and on -going in-
service training) and have these records accessible by the City at any time following
proper notice. The Provider shall maintain adequate layers of protection including
active supervision and formal and informal staff evaluation. The Provider shall
demonstrate that executive staff can provide adequate oversight, planning, and
management to maintain operations and perform all necessary business practices.
1.3 SAFETY AND SECURITY
Provider is expected to maintain total safety and security within the aquatic
facilities and the immediate surrounding area. Operator shall utilize Safety
Manuals, Emergency Action Plans and/or Risk Management Plans. In the event of
an incident resulting in an injury to any person requiring transportation of any
individual to the hospital or death, Provider will notify the Executive Director of
the Parks, Recreation, and Community Services Agency via telephone within 1
hour of the incident.
1.4 HOURS OF OPERATION
The Year -Round and Seasonal Aquatics Programs shall operate Tuesday through
Sunday from 9:00 a.m. to 9:00 p.m. (Except for recognized City Legal Holidays).
Provider will not change the schedule without City approval.
1.5 SPECIAL EVENTS AND FACILITY RENTALS
Any special events and/or rental of the aquatics facilities requires written approval
from the Executive Director and or his/her designee.
1.6 PROGRAMS AND USE OF FACILITIES FEES
Fees for classes, programs and facility rentals to be proposed by Provider and
approved by the City. Provider will not change fees without City approval.
Provider will retain 100 percent of all fees collected.
1.7 REPORTING
Provider shall submit monthly statements of gross receipts from all categories of
income in a format approved by the City. No later than sixty (60) days after the
end of the calendar year, Provider shall submit a detailed audited income and
expense statement to the City's Executive Director of Parks, Recreation, and
Community Services Agency for the past year's operation.
#21956v2
25P-16
Exhibit 7
1.8 CITY COSTS
The City shall be responsible for all maintenance, repairs and utilities related
facility expenses. City will work with Provider on the water temperature but cannot
guarantee a set water temperature. City will install lane line eye bolts at the
Memorial Pool.
1.9 PROVIDER COSTS
Provider is responsible for the following and its related costs:
#21956v2
1.9.1 Janitorial
Provider shall maintain facilities in an orderly, clean and professional
condition at all times, including but not limited to daily visual Inspection of
locker room and restrooms.
1.9.2 Facilities and Equipment
Provider shall supply all necessary equipment and furnishings related to
successfully operating an aquatics program.
25F-17
Exhibit 7
#21956v2
EXHIBIT B
FEES/COST PROPOSAL
250-18
Exhibit 7
.4 f`
2020 Aquatics Programming Price List
Swim Lessons
Weekday Lessorrs(8 total classes per session)
• Group Lessons: $50.00 per participant, per session.
• Private Lessons
o $80.00 per participant, per 4 x 20 min lessons.
o $120.00 per participant, per 4 x 30 min lessons.
Saturday Lessons (6 total classes per sessions
• Group Lessons: $40.00 per participant, per session.
• Private Lessons
o $80.00 per participant, per 4 x 20 min lessons.
o $120.00 per participant, per 4 x 30 min lessons.
Program Note: A minimum of four (4) students is required in order for group lesson(s) class to be offered.
Swim Team
Year-round Programming
• $60.00 per participant, per month.
Summer Swim Team Programming (June Augurs Annually)
• $250.00 per participant, per summer.
• Package includes all practices, swim meets, team shirt, teary suit and swim cap. (does not include
scmaf fees)
Water Polo
Splashball
• $60.00 per participant, per month.
Youth Water Polo Proreram
• Boys & Girls 14 years and Under: $40.00 per participant, per month
• Boys & Girls U 16 & U18: $40.00 per participant, per month.
• Note: Does not include any team apparel or tournament fees.
Aqua Aerobics
• Free for the first month for any City of Santa Ana Resident during the month of June 2020,
25F-19
Exhibit 7
Opportunity to build interest among the community.
• $2.00 per participant, per class.
Recreational Open Swim/Lao Swim
• To be collected by the City of Santa Ana Staff.
• Suggested pricing (same as previous years)
o $1.00 for Children
o $2.00 for Adults
American Red Cross Health and Safety Courses
• Lifeguarding Certification Course: $185.00 per participant.
• Lifeguarding instructor course: $395.00 per participant
• Lifeguard Management course:$125.00 per participant
• Safety Training for Swim Coaches: $125,00 per participant
• Adult/Child/ Infant First Aid / CPR / AED: $75.00 per participant
Leaders in Training Program
• Free to any City of Santa Ana resident, Ages 13-1.5.
25F-20
Exhibit 7
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25F-21
Exhibit 7
25F-22
Exhibit 7
25F-23
Exhibit 7
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25F-24
Exhibit 7
25F-25
Exhibit 7
25F-26
Exhibit 7
Proposed Lifeguarding Budget for 2020 Season
Locations: Salgado Community Center
Proposed Shifts
Proposed Billable Hours
Rate per Hour
Lifeguard
952.5 Hours
$24.00/Hour
Supervisor
158.75 Hours
$28.00/Hour
Total Proposed
$27,885.00
Budget
Proposed Lifeguarding Budget, for 2020 Season
Locations: El Salvador Community Center
Proposed Shifts
Proposed Billable Hours
Rate per Hoar
Lifeguard
952.5 Hours
$24.00/Hour
Supervisor
158.75 Hours
$28.00/Hour
Total Proposed
$27,885.00
Budget
Proposed Lifeguarding. Budget for 2020 Season
Locations: Santa Anita Community Center
Proposed Shifts Proposed Billable Hours
Rate per Hour
Lifeguard 1013 Hours
$24.00/Hour
Supervisor 112.5 Hours
$28.00/Hour
Total Proposed $27,999.00
Budget
Proposed Lifeguarding Budget for 2020 Season
Locations. Jerome Community Center
Proposed Shifts Proposed Billable Hours
Rate per Hour
Lifeguard 1350 Hours
$24.00/Hour
Supervisor 112.5 Hours
$28.00/Hour
Total Proposed $36,261.00
25F-27
Exhibit 7
Budget
Proposed Lifeguarding Budget for 2020 Season
Locations: Memorial Community Center
Proposed Shifts Proposed Billable Hours
Lifeguard 1899 i-Tours
Supervisor 112.5 Hours
Total Proposed $49,437.00
Budget
Rate per Hour
$24.00/Hour
$28.00/1-lour
25F-28