Loading...
2004-025 RESOLUTION NO. 2004-25 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED AGREEMENT BETWEEN THE CITY OF AVENTURA AND MIAMI FITNESS CONNECTION INC. TO PROVIDE RECREATIONAL PROGRAMS, ACTIVITIES, EVENTS, LEAGUES, AND SERVICES AS SET FORTH IN RFP 04-4- 5-2; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The City Manager is hereby authorized to execute the Agreement attached hereto as Exhibit "A" between the City of Aventura and Miami Fitness Connection, Inc. to provide recreational programs, activities events, leagues, and services as set forth in RFP 04-4-5-2. Section 2. The City Manager is hereby authorized to do all things necessary to carry out the aims of this Resolution. Section 3. adoption. This Resolution shall become effective immediately upon its The foregoing Resolution was offered by Vice Mayor Diamond, who moved its adoption. The motion was seconded by Commissioner Auerbach, and upon being put to a vote, the vote was as follows: Commissioner lev Auerbach Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Bob Diamond Commissioner Manny Grossman Commissioner Harry Holzberg Mayor Jeffrey M. Perlow yes yes yes yes yes yes yes Resolution No. 2004-1.L Page 2 PASSED AND ADOPTED this 13th day of April, 2004. ~~£~ F EY .PERLO ,MAYOR APPROVED AS TO LEGAL SUFFICIENCY: ~~~ CITY ATTORNEY AGREEMENT BETWEEN CITY OF AVENTURA AND MIAMI FITNESS CONNECTION, INC. FOR RECREATIONAL MANAGEMENT SERVICES THIS AGREEMENT is entered into this 13th"day of April, 2004 between the City of Aventura, a Florida municipal corporation, (CITY), and Miami Fitness Connection, Inc. (CONTRACTOR). WHEREAS, the CITY desires to retain the professional services of CONTRACTOR to provide recreational management services; and WHEREAS, the CONTRACTOR desires to provide management services to the CITY and its residents. recreational ARTICLE I SCOPE OF SERVICES The CONTRACTOR agrees to: 1.1 Provide recreational management services for residents at the City of Aventura Founders Park, Aventura Community/Recreation Center and all City Parks in accordance with the conditions and specifications as set forth in RFP # 04-4-5-2 (attached hereto as Exhibit "A") and all existing and future rules, regulations, and procedures relating to the usage of the City's facilities. 1.2 Conduct recreational programs, activities, events, leagues, and services as assigned by the City Manager, or his designee, in a professional, careful and responsible manner with due regard for the safety of the participants and others, during normal operating hours. 1.3 Be solely responsible, at CONTRACTOR's sole expense, for providing and paying for all instructors, counselors, officials, coaches, uniforms, and other personnel costs associated with recreational programs, activities, events, leagues, and services, or as required by the CITY, at its sole discretion. The CITY shall provide necessary maintenance, equipment and facilities for all programs as described in Section 1.2. 1.4 Be solely responsible for securing the services of and compensating assistants or other personnel, as may be required, to perform the recreational services safely and adequately. CONTRACTOR shall also advise the Community Services Director, in writing, of schedules, to which the Community Services Director may recommend changes. 1.5 Provide all programs, activities, events, leagues, and services as directed by the Community Services Director, at his sole discretion. The Community Services Director shall authorize each activity, league, or 1.6 program prior to planning registration and approve all schedules prior to the CONTRACTOR conducting registration. Provide that all officials used by CONTRACTOR shall be certified as approved by the Community Services Director prior to the start of each league. '0 1.8 Provide that all coaches involved in youth sports or leagues shall be certified by the NYSCA. City shall provide NYSCA classes for the coaches. All fees shall be paid by the coach. Provide to City at the close of registration, a list of all participants, along with a signed CITY approved release form. 1.7 1.9 Advise the CITY, at no charge, of specific purchasing needs including all other related supplies. 1.10 Provide all scheduling and other items and programs necessary to provide recreational programs. CITY shall approve all uniforms prior to issuance. CONTRACTOR shall provide CITY with any special maintenance requirements with at least seven (7) days prior notice. 1.11 Actively supervise the daily operation of each programs, activities, events, leagues, and services, and Contractor shall provide a minimum of one employee on each site during all activities. 1.12 Actively supervise youth sports teams at all times. All programs shall have a supervision ratio of not less than 1: 12 at all times, including practices. All children shall be constantly and appropriately supervised at all times. 1.13 Recognize that all City facilities shall be available for general public use at anytime, except for league games, or as otherwise authorized by the Community Services Director. 1.14 Be responsible for enforcing compliance with the approved rules for all leagues and programs. The CITY reserves the right to enact other rules, if necessary, at its sole discretion. 1.15 Require that all officials, coaches, volunteers, and instructors undergo background screening prior to supervising children, and furnish all reports to the CITY. The CITY reserves the right to suspend, bar, or expel any employee, coach, volunteer, counselor, or instructor for any reason, at its sole discretion, without recourse from the subject person or the CONTRACTOR. 2 2.1 2.2 2.3 2.4 ARTICLE 2 FEES AND COMPENSATION The CONTRACTOR shall be compensated from fees collected from participants or teams participating in recreational leagues and programs from CONTRACTOR. All fees shall be approÝéd by the City Manager, and CONTRACTOR shall not alter existing fees, or introduce any new fees without the written approval of the City Manager. CONTRACTOR shall be paid 75% of all revenues derived from all recreational programs managed by CONTRACTOR hereunder. Said payments shall be due and payable by the fifteenth of each month for revenues derived from the previous month. CONTRACTOR shall not charge any participant for any other services not contained in the Agreement. All items sold by CONTRACTOR shall be approved by the Community Services Director prior to offering any item for sale. CONTRACTOR shall keep all books and league lists/rosters in accordance with standard accounting procedures, and shall make them available to the CITY for inspection and audit at all times. 2.5 CONTRACTOR shall provide all other equipment necessary for office operation. 2.6 CONTRACTOR may solicit sponsors for recreational sports leagues, subject to CITY approval, at its sole discretion. Sponsors shall not be solicited without the express written consent of the Community Services Director. ARTICLE 3 TERMINATION OF AGREEMENT This Agreement may be terminated upon ten (10) days written notice from the CITY at CITY's sole discretion. In the event of termination by the CITY, the CONTRACTOR shall not be entitled to any compensation other than that earned prior to and during the notice period. CONTRACTOR may terminate this Agreement, at its sole discretion, by giving thirty (30) days written notice to the CITY. ARTICLE 4 INDEPENDENT CONTRACTOR CONTRACTOR has control over the means and methods by which it performs the services. CONTRACTOR, its employees and agents shall be deemed independent contractors and not agents or employees of the CITY, and shall not attain any rights or benefits generally afforded City employees; further, 3 CONTRACTOR, its employees and agents shall not be deemed entitled to the CITY'S worker's compensation, insurance benefits or similar laws. ARTICLE 5 INDEMNIFICATION CLAUSE '0 CONTRACTOR agrees to defend, indemnify and hold harmless the CITY from and against any and all claims, suits, damages, liabilities or causes of action arising during the term of this Agreement, arising out of, related to, or in any way connected with the performance or non-performance of any provision of this Agreement required of the CONTRACTOR, including personal injury, loss of life or damage to property and from and against any orders, judgment or decrees which may be entered, and from and against all costs, attorney's fees, and expenses incurred in and about the defense of any such claim and the investigation thereof. However, nothing shall be deemed to indemnify CITY for any liability or claim arising solely out of the negligent performance or failure of performance of CITY. 6.1 6.2 6.3 6.4 ARTICLE 6 INSURANCE CONTRACTOR shall provide, pay for, and maintain in force at all times during the period of this Agreement, a Comprehensive General Liability Insurance Policy with minimum bodily injury coverage of $1,000,000.00 (one million dollars) and $200,000.00 (two hundred thousand dollars) property damage liability; workers compensation insurance as required by State Statue, and business automobile insurance. The CONTRACTOR'S insurance coverage shall be considered the primary carrier. The Worker's Compensation insurance shall be at the statutory amount to apply for all employees in compliance with the "Workers' Compensation Law" of the State of Florida and all applicable federal laws. In addition, the policy(ies) must include: Employers' Liability at the statutory coverage amount. The Business Automobile Liability shall be with minimum limits of One Million Dollars (1,000,000.00) per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: Owned Vehicles; hired and Non-Owned Vehicles; and employers' Non-Ownership. The CITY shall be named, as an additional insured on all insurance policies the CONTRACTOR is required to provide. 4 7.1 7.2 7.3 7.4 7.5 7.6 ARTICLE 7 MISCELLANEOUS CONTRACTOR shall, without additional expenses to CITY be responsible for obtaining any necessary licenses and for complying with any applicable federal, state, county, and municipal laws, ordinances, and regulations in connection with the performance of the services specified herein. CONTRACTOR shall take proper safety and health precautions, including the employment of needed assistance, to protect participants, the CITY, the public and property of others. CONTRACTOR shall be responsible for all service performed until completion of this Agreement. The CONTRACTOR shall not promote any privately owned business in a CITY park facility or solicit any participant in a CITY park for any privately owned business. It is further understood that such action(s) may result in immediate termination of the Agreement and the forfeiture of all compensation due to the CONTRACTOR. CONTRACTOR shall meet with the Community Services Director or designee, and shall attend all meetings as required. No modification, amendment, or alteration of the terms and conditions contained shall be effective unless contained in a written document executed with the same formality and equal dignity herewith. This Agreement is non-transferable or assignable, and CONTRACTOR agrees not to transfer or assign the performance of services called for in the Agreement. This Agreement sets forth the full and complete understanding of the Parties as of the effective date, and supersedes any and all negotiations, agreements, and representations made or dated prior to this Agreement. THE REST OF THIS PAGE IS INTENTIONALLY LEFT BLANK 5 IN WITNESS THEREOF, the parties hereto have made and executed this Agreement on the date above: CITY OF AVENTURA By: Eric M. Soroka, ICMA-CM City Manager ATTEST: Teresa M. Soroka, CMC City Clerk APPROVED AS TO LEGAL FORM: City Attorney CONTRACTOR BY:~:'::'" Miami Fitness Connection, Inc. . . 6