2007-035
RESOLUTION NO. 2007-35
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY
MANAGER TO EXECUTE THE ATTACHED AGREEMENT
FOR PROFESSIONAL/MANAGEMENT SERVICES FOR
THE COMMUNITY RECREATION CENTER BETWEEN
THE CITY OF A VENTURA AND SEVERN TRENT
MANAGEMENT SERVICES INC. AS SET FORTH IN RFP
07 -5-04-2; 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 A VENTURA, FLORIDA, THAT:
Section 1. The City Manager is hereby authorized to execute the attached
Agreement between the City of Aventura and Severn Trent Management Services to
provide professional and management services for the Community Recreation Center in
accordance with the terms set forth in RFP 07-5-04-2.
Section 2. The City Manager is hereby authorized to do all things necessary to
carry out the aims of this Resolution.
Section 3. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner Weinberg, who moved
its adoption. This motion was seconded by Commissioner Joel, and upon being put to
a vote, the vote was as follows:
Commissioner lev Auerbach yes
Commissioner Bob Diamond yes
Commissioner Teri Holzberg yes
Commissioner Billy Joel yes
Commissioner Luz Urbaez Weinberg yes
Vice Mayor Michael Stern yes
Mayor Susan Gottlieb yes
Resolution No. 2007-~
Page 2
PASSED AND ADOPTED this 11th day of September, 2007.
APPROVEfA:~FFICIENCY:
CITY ATTORNEY
CONTRACT FOR PROFESSIONAL SERVICES
THIS AGREEMENT is made and entered into this 10th day of July, 2007, by and
between the City of A ventura, a Florida municipal corporation (the "City"), and Severn Trent
Environmental Services, Inc., ("Severn Trent") located at 210 N. University Drive Suite 800,
Coral Springs, FL 33071.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the
parties agree as follows:
1. PURPOSE
1.1. The purpose of this Agreement is to provide for the City's retention of Severn
Trent to perform CommunitylRecreation Center Management Services for the
City as described in section 2 below.
2. SCOPE OF SERVICES
Severn Trent shall provide the following services to the City:
2.1 Management Services:
2.1.1 Provide overall management of the City's CommunitylRecreation
Center (the "Center")
2.1.2 Provide supervision of all Center personnel.
2.1.3 Develop and implement Center programs, activities, and operating
protocols.
2.1.4 Coordinate with all City departments and be available to attend
City meetings and workshops.
2.1.5 Coordinate with all groups as instructed by the City.
2.1.6 Develop an annual budget and coordinate with appropriate City
staff
2.1.7 Liaison with other governments as appropriate.
2.1.8 Establish quality assurance and customer service standards and
reporting procedures.
2.1.9 Issue membership cards, conduct registration, operate computer-
based registration system, issue and maintain reports and financial
records as required, interface with City departments as appropriate.
2.1.1 0 Perform any other duties and projects as assigned by the City
Manager, including but not limited to: City parks, water feature
parks, recreation programs, and special events.
2.2 Staff"mg Services:
2.2.1 Provide appropriate on-site personnel to staff the City's
CommunitylRecreation Center as per applicable Severn Trent and
City employment policies. The Community Recreation Center
shall have the following personnel: Community Recreation Center
Manager, Community Recreation Center Assistant Manager,
Community Recreation Center Supervisor, and three part time
attendants. Severn Trent shall staff the Community Recreation
Center at all times during all operating hours, as determined by the
City. Severn Trent will reimburse the City for employee
background checks and drug screening for potential employees
assigned to the CITY.
2.2.2 Maintain high level of professionalism and dedication of
employees.
2.2.3 All personnel assigned to the City shall be approved by the City
Manager, or designee.
2.2.4 Provide fringe benefits to on-site personnel.
2.2.5 Provide communications equipment and vehicles to on-site
personnel as appropriate.
2.3 Performance Standards:
2.3.1 Severn Trent shall deliver services in compliance with CITY
performance standards for the operation of the Community Center
for the duration of this Agreement. The standards shall be utilized
in the evaluation of the performance of Severn Trent. The City
Manager at his sole discretion may change, alter, or modify these
standards in the best interests of the City.
3. COMPENSATION
Effective October 1, 2007 for all Staffing Services provided by Severn
Trent as described in Section 2.2 of this Agreement, the City shall pay
Severn Trent an annual professional fee equal to the sum of all on-site
staff salaries times a factor of 1.65 for all staff members who are not
required to use a vehicle in performance of their duties, and a factor of
2.0, for all staff members who are required to use a vehicle provided by
Severn Trent in performance of their duties, paid in equal monthly
installments. After September 30, 2008, the City shall consider price
adjustments not to exceed 3% to the cost of on-site staff and shall
evidence such adjustments in its adopted or amended fiscal year budget.
Fees for Community/Recreation Center Staffmg Services shall be billed
and paid pursuant to monthly invoices submitted by Severn Trent to the
City.
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4. RECORDSIRIGHT TO INSPECT AND AUDIT
4.1. All records, books, documents papers and financial information (the
"Records") that result from Severn Trent providing services to the City
under this Agreement shall be the property of the City.
4.2. Upon termination of this Agreement, any and all such Records shall be
delivered to the City by Severn Trent within 15 days.
4.3. Severn Trent shall maintain records, books, documents, papers and
financial information pertaining to work performed under this Agreement
during the term of this Agreement and for a period of 3 years following
termination of this Agreement.
4.4. The City Manager or his designee shall, during the term of this Agreement
and for a period of three (3) years from the date of termination of this
Agreement, have access to and the right to examine and audit any Records
of Severn Trent involving transactions related to this Agreement.
4.5. The City may cancel this Agreement for refusal by Severn Trent to allow
access by the City Manager or his designee to any Records pertaining to
work performed under this Agreement or that are subject to the provisions
of Chapter 119, Florida Statutes.
s. INDEMNIFICATION
5.1. Severn Trent shall defend, indemnify, and hold the City harmless from
and against any and all demands, claims, suits, liabilities, causes of action,
judgment or damages, arising out of, related to, or in any way connected
with Severn Trent's performance or non-performance of any provision of
this Agreement including, but not limited to, liabilities arising from
contracts between Severn Trent and third parties made pursuant to this
Agreement. Severn Trent shall reimburse the City for all its expenses
including reasonable attorney fees and costs incurred in and about the
defense of any such claim or investigation.
6. INSURANCE
6.1. Severn Trent shall maintain at its sole cost and expense and all times, in
addition to any other insurance the City may reasonably require,
professional liability insurance, employee dishonesty insurance,
employer's liability insurance, comprehensive general liability insurance
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in Miami-Dade County, Florida. The parties hereby waive any right to a
trail by jury in any such litigation.
12. WAIVER
12.1 The failure of either party to this Agreement to object to or to take
affirmative action with respect to any conduct of the other which is in
violation of the terms of this Agreement shall not be construed as a waiver
of the violation or breach, or of any future violation, breach or wrongful
conduct.
13. NOTICES/AUTHORIZED REPRESENTATIVES
13.1 Any notices required or permitted by this Agreement shall be in writing
and shall be deemed to have been properly given if transmitted by hand-
delivery, by registered or certified mail with postage prepaid return receipt
requested, or by Federal Express addressed to the parties at the following
addresses:
For the City:
City of A ventura
Attention: Eric M. Soroka, City Manager
19200 West Country Club Drive
Aventura, FL 33180
Telephone: (305) 466-8910
Facsimile: (305) 466-8919
With a copy to:
Weiss Serota Helfman Pastoriza Cole & Boniske, PL
2525 Ponce de Leon Boulevard, Suite 700
Coral Gables, Florida 33134
Telephone (305) 854-0800
Facsimile: (305) 854-2323
For Severn Trent:
Peter Witschen, District Manager
Severn Trent Environmental Services Inc.
210 North University Drive
Suite 700
Coral Springs, Florida 33071
Phone: (954) 753-5841
Facsimile: (954) 345-1292
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Either party shall have the right to change its address for notice purposes by sending written
notice of such change of address to the other party in accordance with the provisions hereof.
14. INDEPENDENT CONTRACTOR
14.1. Severn Trent is and shall remain an independent contractor and is not an
employee or agent of the City. Services provided by Severn Trent shall be
by employees of Severn Trent and nothing in this Agreement shall in any
way be interpreted or construed to deem said employees to be agents,
employees, or representatives of the City.
14.2. Severn Trent shall be responsible for all compensation, tax
responsibilities, insurance benefits, other employee benefits, and any other
status or rights of its employees during the course of their employment
with Severn Trent.
14.3. The City Manager shall have the right to require Severn Trent to transfer
personnel out of the City of A ventura Severn Trent agrees to transfer said
personnel within 10 days of notification by the City Manager.
IS. EOUlPMENT APPRAISAL AND TRANSFER
15.1. In the event of termination or upon the expiration of this Agreement, the
City shall have the option to purchase or sublease from Severn Trent any
piece of equipment, owned by leased by Severn Trent in use by Severn
Trent at any of the City's offices at the equipment appraised value.
15.2. Upon the exercise by the City of its option to purchase or sublease the
subject equipment, Severn Trent shall execute all necessary documents
within ten (10) days or within a mutually agreed time.
16. ASSIGNMENT
16.1. This Agreement shall not be assignable by the City or Severn Trent.
17. PROHIBmON AGAINST CONTINGENT FEES
17.1 Severn Trent warrants that it has not employed or retained any company or
person, other than a bona fide employee working solely for Severn Trent,
to solicit or secure this Agreement, and that it has not paid or agreed to
pay any person(s), company, corporation, individual or firm, other than a
bona fide employee working solely for Severn Trent, any fee, commission,
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percentage, gift, or any other consideration, contingent upon or resulting
from the award or making of this Agreement.
18. WARRANTIES OF SEVERN TRENT
18.1. Severn Trent hereby warrants and represents that at all time during the
term of this Agreement that it shall maintain in good standing all required
licenses and certificates required under federal, state and local laws
necessary to perform the services and shall comply with all applicable
laws.
19. ATTORNEYS FEES
19.1 In the event of any litigation arising out of this Agreement, the prevailing
party shall be entitled to recover its attorneys' fees and costs, including the
fees and expenses of any paralegals, law clerks and legal assistants, and
including fees and expenses charged for representation at both the trial and
appellate levels.
[ Remainder Of Page Is Intentionally Left blank)
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IN WITNESS WHEREOF the undersigned parties have executed this Agreement on the
date indicated above.
WITNESSES:
Print Name:
Print Name:
ATTEST:
Teresa M. Soroka, MMC
City Clerk
APPROVED AS TO FORM:
City Attorney
SE
SE
By:
Print N : P r J. Witschen
Title: District ManalZer
Date:
ia.t 1 ,I, Z~V)
CITY OF A VENTURA
By:
Eric M. Soroka, ICMA-CM
City Manager
Date:
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