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Contract 2022-063ADocuSign Envelope ID: OA8118ED-D755-4E1E-131A9-F4F4328F408B CONTRACT APPROVAL FORM TO: BRIAN BULTHUIS, CITY MANAGER [IDSFROM: FREDDY SUAREZ, PROCUREMENT SERVICES DIRECTOR SUBJECT: RFB 22-024, SWIMMING POOL MAINTENANCE AND REPAIR SERVICES DATE: JULY 25, 2022 THE PROCUREMENT SERVICES DIRECTOR RECOMMENDS THE FOLLOWING: 1. APPROVE: Agreement between the City of Clermont and Florida Aqua Group LLC, to provide swimming pool maintenance and repair services for the Parks and Recreation Department. The agreement shall take effect on the date of execution by both parties and shall remain in effect for two (2) years, unless renewed or terminated as provided in the agreement. Upon mutual agreement, the agreement may be renewed for four (4) additional twelve (12) month period. 2. Why is this action necessary: In accordance with the City of Clermont Purchasing Policy, the City Manager is authorized to approve contracts under $50,000 that do not require a budget amendment. 3. ADDITIONAL INFORMATION: The Procurement Services Department issued a Request for Bid (RFB) number 22-024 to acquire a qualified respondent to provide swimming pool maintenance and repair services. The RFB was fully competed, advertised, and complies with the City of Clermont Purchasing Policy. Award is being recommended to the low responsive and responsible bidder, Florida Aqua Group LLC, in the annual amount of $49,760.00. 4. FISCAL IMPACT: The fiscal impact of $49,760.00 is included in the current year approved budget. 5. EXHIBITS: RFB 22-024 Tabulation Agreement APPROVAL AUTHORITY Approved ® Disapproved ❑ Reason/Suggestion (If disapproved) �D1ocuSignedbI/y- �,1,i � A� ba """"S City Manager 7/25/2022 534781168A394C8... Signature Title Date DocuSign Envelope ID: OA8118ED-D755-4E1E-B1Ag-F4F4328F408B AGREEMENT NO. 2022-063 FOR SWIMMING POOL MAINTENANCE AND REPAIR SERVICES THIS AGREEMENT, is made and entered into this 1st day of August 2022, by and between the CITY OF CLERMONT, FLORIDA, a municipal corporation under the laws of the State of Florida whose address is: 685 W. Montrose Street, Clermont, Florida, (hereinafter referred to as "CITY"), and Florida Aqua Group LLC, whose address is: 15323 Royal Tern Blvd Mascotte, FL 34753 (hereinafter referred to as "CONTRACTOR"). WHEREAS, the City of Clermont issue RFB 22-024 titled Swimming Pool Maintenance and Repair Services; WHEREAS, CONTRACTOR submitted its response dated June 30, 2022 to RFB 22-024; WHEREAS, CITY desires to award a contract to CONTRACTOR in accordance with the terms and conditions of RFB 22-024 and CONTRACTOR's response thereto; WITNESSETH: That the parties hereto, for the consideration hereinafter set forth, mutually agree as follows: ARTICLE 1— SCOPE OF WORK The CONTRACTOR shall furnish swimming pool maintenance and repair services as described in CITY's RFB 22-024 and CONTRACTOR's June 30, 2022 response thereto, which are expressly incorporated herein and made a part of the Agreement Documents hereto and shall do everything required by this Agreement and the Agreement Documents. Provided, however, that nothing herein shall require CITY to purchase or acquire any items or services from CONTRACTOR. ARTICLE 2 — THE CONTRACT SUM CITY shall pay CONTRACTOR, for the faithful performance of the Agreement as set forth in the Agreement Documents and the Unit Price Schedule an amount in accordance with the compensation schedule set forth in Exhibit "A", attached hereto and incorporated herein. ARTICLE 3 — PROVISION OF SERVICES AND COMPLETION OF WORK 3.1. The CONTRACTOR shall only provide to CITY swimming pool maintenance and repair services upon receipt of an authorized order from CITY and shall provide the requested items in the timeframe and as set forth in RFB No. 22-024 or in the specific purchase order or authorized order submitted by CITY. Nothing herein shall obligate CITY to purchase any specific amount of product from CONTRACTOR or create an exclusive purchase agreement between CITY and 1 DocuSign Envelope ID: OA8118ED-D755-4E1E-B1Ag-F4F4328F408B CONTRACTOR. CITY shall not be obligated or required to pay for any items received until such time as CITY has accepted the items in accordance with the order provided to CONTRACTOR. 3.2. CONTRACTOR, upon receipt of an order hereunder, shall immediately notify CITY if it has an issue or question related to the fulfillment of the order or whether there will be any delay in providing the items requested. Failure of CONTRACTOR to so notify CITY will preclude CONTRACTOR from seeking payment of any kind for any items that were delayed in delivery. Upon receipt of notification of the delay, CITY may at its sole option cancel the order and seek the items from any available source. 3.3. It is expressly understood and agreed that the passing, approval and/or acceptance of any swimming pool maintenance and repair services herein by CITY or by any agent or representative as in compliance with the terms of this Contract shall not operate as a waiver by the CITY of strict compliance with the terms of this Contract and the CITY may require the CONTRACTOR replace the accepted swimming pool maintenance and repair services so as to comply with the warranties and specifications hereof 3.4. COMPANY specifically acknowledges that this Contract does not bind or obligate CITY to purchase any minimum quantity of product during the term hereof. ARTICLE 4 — TERM AND TERMINATION 4.1. This Agreement is to become effective upon execution by both parties, and shall remain in effect for a period of two (2) years thereafter, unless terminated or renewed as provided for herein. 4.2. Notwithstanding any other provision of this Agreement, CITY may, upon written notice to CONTRACTOR, terminate this Agreement: a) without cause and for CITY's convenience upon thirty (30) days written notice to CONTRACTOR; b) if CONTRACTOR is adjudged to be bankrupt; c) if CONTRACTOR makes a general assignment for the benefit of its creditors; d) CONTRACTOR fails to comply with any of the conditions of provisions of this Agreement; or e) CONTRACTOR is experiencing a labor dispute, which threatens to have a substantial, adverse impact upon the performance of this Agreement, without prejudice to any other right or remedy CITY may have under this Agreement. In the event of such termination, CITY shall be liable only for the payment of all unpaid charges, determined in accordance with the provisions of this Agreement, for work, properly performed and accepted prior to the effective date of termination. 4.3. Upon mutual Agreement of the parties, this Agreement may be renewed for four (4) additional twelve (12) month terms. Sixty (60) days prior to completion of each extended term of this Agreement, CONTRACTOR may request and the City may consider an adjustment to price based on changes in the Producer Price Index (PPI). 2 DocuSign Envelope ID: OA8118ED-D755-4E1E-B1Ag-F4F4328F408B ARTICLE 5 — PAYMENTS In accordance with the provisions fully set forth in the Contract Documents, CONTRACTOR shall submit an invoice to CITY upon completion of the services and delivery of products to CITY as set forth in the applicable purchase order. CITY shall make payment to the CONTRACTOR for all accepted deliveries and undisputed products delivered and services provided, within thirty (30) calendar days of receipt of the invoice. ARTICLE 6 — DISPUTE RESOLUTION - MEDIATION 6.1. Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to voluntary arbitration or the institution of legal or equitable proceedings by either party. 6.2. The CITY and CONTRACTOR shall endeavor to resolve claims, disputes and other matters in question between them by mediation. 6.3. The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in Clermont, Lake County, Florida, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement Agreements in any court having jurisdiction thereof. ARTICLE 7 — INSURANCE AND INDEMNIFICATION RIDER 7.1. Worker's Compensation Insurance — The CONTRACTOR shall take out and maintain during the life of this Agreement, Worker's Compensation Insurance for all its employees connected with the work of this Project and, in case any work is sublet, the CONTRACTOR shall require the subCONTRACTOR similarly to provide Worker's Compensation Insurance for all of the subCONTRACTOR employees unless such employees are covered by the protection afforded by the CONTRACTOR. Such insurance shall comply with the Florida Worker's Compensation Law. In case any class of employees engaged in hazardous work under this Agreement at the site of the Project is not protected under the Worker's Compensation statute, the CONTRACTOR shall provide adequate insurance, satisfactory to the CITY, for the protection of employees not otherwise protected. 7.2. CONTRACTOR's Commercial General Liabilitv Insurance — The CONTRACTOR shall take out and maintain during the life of this Agreement, Commercial General Liability and Business Automobile Liability Insurance as shall protect it from claims for damage for personal injury, including accidental death, as well as claims for property damages which may arise from operating under this Agreement whether such operations are by itself or by anyone directly or DocuSign Envelope ID: OA8118ED-D755-4E1E-B1Ag-F4F4328F408B indirectly employed by it, and the amount of such insurance shall be as follows: (a) CONTRACTOR's Commercial General Liability, $1,000,000 Each, ($2,000,000 aggregate). Liability Coverages, Bodily Injury Occurrence, & Property Damage Combined Single Limit (b) Automobile Liability Coverages, $1,000,000 Each, Bodily Injury & Property Damage Occurrence, Combined Single Limit Insurance clause for both BODILY INJURY AND PROPERTY DAMAGE shall be amended to provide coverage on an occurrence basis. 7.3. Indemnification Rider (a) To the fullest extent permitted by law, the CONTRACTOR shall indemnify and hold harmless the CITY and its employees from and against all claims, damages, losses and expenses, including but not limited to reasonable attorney's fees, arising out of or resulting from its performance of the Work, provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) , and (2) is caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not such acts are caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right to obligation of indemnity which would otherwise exist as to any party or person described in this Article.; however, this indemnification does not include the sole acts of negligence, damage or losses caused by the CITY and its other contractors. (b) In any and all claims against the CITY or any of its agents or employees by any employee of the CONTRACTOR, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligations under this Paragraph shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the CONTRACTOR or any subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. (c) The CONTRACTOR hereby acknowledges receipt of ten dollars and other good and valuable consideration from the CITY for the indemnification provided herein. 2 DocuSign Envelope ID: OA8118ED-D755-4E1E-B1Ag-F4F4328F408B ARTICLE 8 — NOTICES All notices shall be in writing and sent by United States mail, certified or registered, with return receipt requested and postage prepaid, or by nationally recognized overnight courier service to the address of the party set forth below. Any such notice shall be deemed given when received by the party to whom it is intended. CONTRACTOR: Florida Aqua Group LLC 15323 Royal Tern Blvd Mascotte, FL 34753 Attn: Nicholas Massa OWNER: City of Clermont Attn: Brian Bulthuis, City Manager 685 W. Montrose Street Clermont, FL 34711 ARTICLE 9 — MISCELLANEOUS 9.1. Attorneys' Fees — In the event a suit or action is instituted to enforce or interpret any provision of this Agreement, the prevailing party shall be entitled to recover such sum as the Court may adjudge reasonable as attorneys' fees at trial or on any appeal, in addition to all other sums provided by law. 9.2. Waiver — The waiver by city of breach of any provision of this Agreement shall not be construed or operate as a waiver of any subsequent breach of such provision or of such provision itself and shall in no way affect the enforcement of any other provisions of this Agreement. 9.3. Severability — If any provision of this Agreement or the application thereof to any person or circumstance is to any extent invalid or unenforceable, such provision, or part thereof, shall be deleted or modified in such a manner as to make the Agreement valid and enforceable under applicable law, the remainder of this Agreement and the application of such a provision to other persons or circumstances shall be unaffected, and this Agreement shall be valid and enforceable to the fullest extent permitted by applicable law. 9.4. Amendment — Except for as otherwise provided herein, this Agreement may not be modified or amended except by an Agreement in writing signed by both parties. 9.5. Entire Agreement — This Agreement including the documents incorporated by reference contains the entire understanding of the parties hereto and supersedes all prior and contemporaneous Agreements between the parties with respect to the performance of services by CONTRACTOR. 5 DocuSign Envelope ID: OA8118ED-D755-4E1E-B1Ag-F4F4328F408B 9.6. Assigningnt — Except in the event of merger, consolidation, or other change of control pursuant to the sale of all or substantially all of either party's assets, this Agreement is personal to the parties hereto and may not be assigned by CONTRACTOR, in whole or in part, without the prior written consent of city. 9.7. Venue — The parties agree that the sole and exclusive venue for any cause of action arising out of this Agreement shall be Lake County, Florida. 9.8. Applicable Law — This Agreement and any amendments hereto are executed and delivered in the State of Florida and shall be governed, interpreted, construed and enforced in accordance with the laws of the State of Florida. 9.9. Public Records — Contractor expressly understands records associated with this project are public records and agrees to comply with Florida's Public Records law, to include, to: (a) Keep and maintain public records that ordinarily and necessarily would be required by the CITY in order to perform the services contemplated herein. (b) Provide the public with access to public records on the same terms and conditions that the CITY would provide the records and at a cost that does not exceed the cost provided in this Florida's Public Records law or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (d) Meet all requirements for retaining public records and transfer, at no cost, to the CITY all public records in possession of CONTRACTOR upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. CONTRACTOR shall use reasonable efforts to provide all records stored electronically must be provided to the CITY in a format that is compatible with the information technology systems of the CITY. (e) IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTRACTOR SHALL CONTACT THE CITY'S CUSTODIAN OF PUBLIC RECORDS AT CITY CLERK'S OFFICE, (352) 241-7331. 71 DocuSign Envelope ID: OA8118ED-D755-4E1E-B1A9-F4F4328F408B ARTICLE 10 — AGREEMENT DOCUMENTS The Agreement Documents, as listed below are herein made fully a part of this Agreement as if herein repeated. Document Precedence: 10.1. This Agreement 10.2. Purchase Order / Notice To Proceed 10.3. An applicable Contractor Quote or Statement of Work 10.4. All documents contained in City of Clermont RFB 22-024 and any amendments thereto. 10.5. CONTRACTOR'S June 30, 2022 response to RFB 22-024. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this 1 st day of August 2022 CITY OF CLERMONT DocuSigned by, 1'II � - ,�VIA�t �jU�u,uiS 534781168A394C8... D.S Brian Bulthuis, Ci(y Manager ATTEST: —DocuSigned by: T p44,-.y-� Tracy Ackroyd 7 DocuSign Envelope ID: OA8118ED-D755-4E1E-131A9-F4F4328F408B FLORIDA AQUA GROUP LLC DocuSigned by: M&A S Aso, BY F861 GaF-=94 vAaF=8. (Signature) Print Name: Nicholas Massa Title: Account Man Date: 712 512022 DocuSign Envelope ID: OA8118ED-D755-4E1E-131A9-F4F4328F408B SECTION — C PRICE SCHEDULE NOTE: The quantities shown in the Price Schedule are estimates only. They may vary significantly from the actual quantities ordered by the City. Payment shall be for the units ordered, placed, and accepted by the City. By signing this form, the respondent fully acknowledges that there will be no additional compensation (no overhead, no anticipated profits, etc.) other than the unit price of the items times the number of items authorized, ordered, placed, and accepted by the City. L.N. Description Qty. / Unit Unit Price Extended Price Clermont Arts & Recreation Center 1 Main Pool, Wader Pool, and Spa Maintenance 52 / 550.00 $ 0.00 (Includes 3-full service visits per week, May to Weeks $28,600 October) 2 Splash Park Maintenance (Includes 3-full 521 400.00 $$940 service visits per week, November to April) Weeks 3 As Needed Maintenance for Main Pool, Wader 1 1 Day 120.00 $ 0.00 Pool and Spa (Cost per day maintenance) $120.00 4 As Needed Maintenance for Splash Park 1 1 Day 120.00 ${� 4 (Including emergencies) $ 0 A% 5 Storm Preparation and Post Maintenance 1 1 Hour 120.00 $$0 00 00 Total(items RFB No: 22-024 Page 16 of 32 /6C $49,760.00 DocuSign Envelope ID: OA8118ED-D755-4E1E-131A9-F4F4328F408B SECTION — C PRICE SCHEDULE By signing below, the respondent agrees to all terms, conditions, and specifications as stated in this solicitation, and is acting in an authorized capacity to execute this response. The respondent also certifies that it can and will provide and make available, at a minimum, the items set forth in this solicitation. Company Name (print): Florida Aqua Group, LLC Street Address: 15323 Royal Tern Blvd Mailing Address (if different): Telephone: 1-888-575-7665 Email: Info@FloridaAquaGroup.com Fax:1-866-575-1004 Payment Terms: % days, net FEIN: 83 .4371933 Professional. License No.: Signature: Date: 07/05/2022 Print Name: Nicholas Massa Title: Account Manager Does the respondent accept payment using the City's MASTERCARD? Yes F]No END OF SECTION — C RFB No: 22-024 Page 17 of 32 DocuSign Envelope ID: OA8118ED-D755-4E1E-B1Ag-F4F4328F408B SECTION — B STATEMENT OF WORK The work to be performed consists of providing maintenance, cleaning and repair services including labor and all chemicals required to maintain two (2) swimming pools and one (1) spa located at the Parks and Recreation Department, 3700 S. Hwy. 27, Clermont and one (1) splash park with water features located at Waterfront Park at 100 V Street, Clermont. All work must be coordinated with the Parks and Recreation Department representative. The each location consists of the following: 1. Clermont Arts & Recreation Center • Main Pool — 80,784 gallons • Wader Pool — 2,525 gallons • Spa — 3.950 gallons Contact person: Suzanne O'Shea, 352-708-5998 2. Splash Park • 1,350 gallons Contact person: Maritza Rivera, 352-708-5989 1 — MAINTENANCE POOLS / SPA Maintenance must consist of the following: • Empty debris from all skimmer and pump baskets. • Water chemistry analysis; based on the Langelier Saturation Index and NSPS guidelines. • Check chemical balance and add chemicals as required to meet the health department, the National Swimming Pool Foundation (NSPS) standards. • Provide all chemicals needed to treat the pools/spa under normal conditions and adjust as needed at the time of service. • Monitor chemical levels of pools/spa via the wi-fi enabled chemical automation unit. • If chemical levels are out of acceptable range during the open pool season, they will be adjusted when needed to avoid pool closure. • Check ISO acid and total alkalinity once per week during open pool season, and once per month during off-season. Levels should be adjusted accordingly. • Skim reservoir surface to remove floating matter; • Brush pool/spa walls, and water line tile; RFB No: 22-024 Page 11 of 32 DocuSign Envelope ID: OA8118ED-D755-4E1E-B1Ag-F4F4328F408B SECTION — B STATEMENT OF WORK • Vacuum bottom of pools and spa; • Backwashing/cleaning of DE filters, depending on the pools/spa; • Inspect pool equipment areas and related equipment; • Fill out the Department of Health log book each visit. Log book must remain onsite.\ • Report all required repairs to the city's contact person immediately. 2 — MAINTENANCE OF SPLASH PARK Maintenance must consist of the following: • Maintenance service to the Splash Park must be conducted on Monday, Wednesday, Friday, and Saturday before 9:30 A.M. • Clean all skimmer and pump baskets daily associated with the Splash Park system; • Water chemistry analysis; based on the Langelier Saturation Index and NSPS guidelines; • Check chemical balance and add chemicals as required to meet the health department, the National Swimming Pool Foundation (NSPS) standards; • Provide all chemicals needed to treat the Splash Park system water under normal conditions at the time of service. Chemicals may include liquid chlorine, acid, stabilizer, accolade, and calcium. • Check ISO acid and total alkalinity once per month and adjust accordingly; • Skim reservoir surface to remove floating matter; • Backwashing/cleaning of sand filter system (Pentair TR100C pressure vessels complete with glass media); • Inspect Splash Park equipment areas and related equipment; • Fill out the Department of Health log book each visit. Log book must remain onsite. • Check at each scheduled service the gauges, flow indicator parts, filters, and UV system; • Treat the Splash Park system regularly with "Natural Chemistry Pool Perfect Plus" enzyme treatment based on bathing load; • Maintain and adjust regularly the chemical feeder and clean all probes as needed. RFB No: 22-024 Page 12 of 32 DocuSign Envelope ID: OA8118ED-D755-4E1E-B1Ag-F4F4328F408B SECTION — B STATEMENT OF WORK • Maintain all required repairs to the city's contact person immediately. 3 — STORM PREPARATION AND POST MAINTENANCE PROCEDURES Prior to hurricane or large tropical storm weather preparation procedures: • Prevent contamination from debris and excessive storm water, add a granular pool shock and large dose of pool algaecide to quickly eliminate organic contaminants that may have entered the water. • Wrap the pool pump, time clock, light transformers and electric heaters with waterproof plastic as applicable. Tie wrap securely in place to prevent sand and water from entering the equipment. If flooding is expected, disconnect the equipment's and store them in a dry place. • Circuit breakers at the main electrical panel should be turned off. Pool equipment such as pump motors, pool lighting, chlorinators and heaters must not operational during the storm. Post hurricane or large tropical storm weather preparation procedures: • Removal of excess debris from pools and electrical equipment. • Unwrap equipment and assess damage to pool pump, time clock, light transformers, and electric heaters where applicable. • If all equipment is in working condition, restore electric and pumps to working order. • Restore chemical balance of the pools to regular levels. • Post hurricane cleanup within two days of storm passing. 4 — FILTER CLEANING & SAND REPLACEMENT All sand filters related to the splash park pump system must be cleaned at each scheduled service or as needed as. It is critical for the filter to run in order to maintain clean water, replacement parts for the filters (elements, manifolds, and 0-rings) may be replaced without prior approval as long as they are under $15. There may be more frequent filter cleanings due to bather load, amount of debris, or other conditions beyond owner control. Replace sand in Pentair TR100C pressure vessels complete with glass media based on manufactures specifications and usage of the Splash Park system. Notification of the sand change must be sent to City of Clermont representative or designee with a thirty (30) day notice by email or written notice. 5 — REPAIRS / INSTALLATION RFB No: 22-024 Page 13 of 32 DocuSign Envelope ID: OA8118ED-D755-4E1E-B1Ag-F4F4328F408B SECTION — B STATEMENT OF WORK Installation of items such as Life Rings or any other "Life Safety Items" should be purchased by the city and installed by the contractor. Any and all repairs should be made by the contractor solely. Any repairs should be agreed upon by owner prior to any work being done by the City of Clermont. 6 — CLEANING TIMES AND REQUIREMENTS Clermont Arts & Recreation Pool/Spa maintenance and cleaning must be performed between the hours of 6:30 AM and 8:00 AM at a frequency of three (3) times per week. Adjustments of schedule must be agreed upon by both parties. Splash Park maintenance and cleaning must be performed between the hours of 9:00 AM and 10:00 AM at a frequency of three (3) times per week. Adjustments of schedule must be agreed upon by both parties. 7 — APPURTENANCES Successful respondent will be responsible for all adjustments, above ground leaks, piping and equipment, repairs and/or replacements of all appurtenances to the Splash Park. Such work may be required on either maintenance or an emergency basis according to the needs of the City. 8 — TROUBLE SHOOTING Successful respondent may be contacted to advise the City of Clermont representative or designee of any problems, potential leaks, potential motor breakdown, etc. It is the successful respondent responsibility to report any malfunction of equipment or potential problems immediately to the City of Clermont representative or designee. All repairs must be authorized by the City of Clermont representative or designee. 9 — MSDS Successful respondent shall provide copies of the Material Safety Data Sheets (MSDS) for all chemicals supplied. MSDS shall include information on all ingredients contained in each chemical as well as all poison information including all recommended procedures for antidote in case of accidental ingestion. 10 — RESPONSE TIME A qualified pool technician shall respond within thirty (30) minutes by telephone to emergency calls (seven days per week) and will be expected to be on site within two (2) hours after initial response. If it is not possible to be on site within the time frame specified, RFB No: 22-024 Page 14 of 32 DocuSign Envelope ID: 0A8118ED-D755-4E1E-131A9-F4F4328F408B SECTION — B STATEMENT OF WORK the successful respondent will contact the City of Clermont representative or designee within that time and a mutual agreement will be made. 11 — KEYS AND LOCKS Successful respondent will be issued a set of pool keys during each visit. Successful respondent shall be responsible to see that all doors, locks and accesses used to enter the pool pump area and kept secure and locked after completing the services. A loss of keys by the respondent must be immediately reported to the City of Clermont representative or designee. Loss of keys may require rekeying which will be financial responsibility of the contractor. 12 — EXPERIENCE Successful respondent shall have no less than five (5) years of experience in working with commercial swimming pool maintenance and repair. Respondents shall provide evidence of experience with their response, including but not limited to, maintenance of all records meeting DOH / NSPS requirements and standards. Failure to provide such experience will result in respondent's bid being non -responsive. END OF SECTION — B RFB No: 22-024 Page 15 of 32 DocuSign Envelope ID: OA8118ED-D755-4E1E-B1Ag-F4F4328F408B RWONTCLE Choice of Champions RESPONSE TABULATION RFB 22-024, SWIMMING POOL MAINTENANCE AND REPAIR SERVICES DUE DATE/TIME: JUNE 30, 2022 AT 2:00 P.M. (EST) .. , .. Florida Aqua Group LLC — Mascotte, FL $49,760.00 The Better Pool Guy — Clermont, FL $81,396.00 DocuSign Envelope ID: OA8118ED-D755-4E1E-B1A9-F4F4328F408B CONTRACT APPROVAL FORM TO: BRIAN BULTHUIS, CITY MANAGER EF; FROM: FREDDY SUAREZ, PROCUREMENT SERVICES DIRECTOR SUBJECT: RFB 22-024, SWIMMING POOL MAINTENANCE AND REPAIR SERVICES DATE: JULY 25, 2022 THE PROCUREMENT SERVICES DIRECTOR RECOMMENDS THE FOLLOWING: 1. APPROVE: Agreement between the City of Clermont and Florida Aqua Group LLC, to provide swimming pool maintenance and repair services for the Parks and Recreation Department. The agreement shall take effect on the date of execution by both parties and shall remain in effect for two (2) years, unless renewed or terminated as provided in the agreement. Upon mutual agreement, the agreement may be renewed for four (4) additional twelve (12) month period. 2. Why is this action necessary: In accordance with the City of Clermont Purchasing Policy, the City Manager is authorized to approve contracts under $50,000 that do not require a budget amendment. 3. ADDITIONAL INFORMATION: The Procurement Services Department issued a Request for Bid (RFB) number 22-024 to acquire a qualified respondent to provide swimming pool maintenance and repair services. The RFB was fully competed, advertised, and complies with the City of Clermont Purchasing Policy. Award is being recommended to the low responsive and responsible bidder, Florida Aqua Group LLC, in the annual amount of $49, 760.00. 4. FISCAL IMPACT: The fiscal impact of $49,760.00 is included in the current year approved budget. 5. EXHIBITS: RFB 22-024 Tabulation Agreement APPROVAL AUTHORITY Approved IN Disapproved ❑ Reason/Suggestion (If disapproved) DocuSigned by" :'I � . !�` N�I� s City Manager 7/25/2022 534781168A394C8... Signature Title Date DocuSign Envelope ID: OA8118ED-D755-4E1E-B1A9-F4F4328F408B AGREEMENT NO. 2022-063 FOR SWIMMING POOL MAINTENANCE AND REPAIR SERVICES THIS AGREEMENT, is made and entered into this 1st day of Au ust 2022, by and between the CITY OF CLERMONT, FLORIDA, a municipal corporation under the laws of the State of Florida whose address is: 685 W. Montrose Street, Clermont, Florida, (hereinafter referred to as "CITY"), and Florida Aqua Group LLC, whose address is: 15323 Royal Tern Blvd Mascotte, FL 34753 (hereinafter referred to as "CONTRACTOR"). WHEREAS, the City of Clermont issue RFB 22-024 titled Swimming Pool Maintenance and Repair Services; WHEREAS, CONTRACTOR submitted its response dated June 30, 2022 to RFB 22-024; WHEREAS, CITY desires to award a contract to CONTRACTOR in accordance with the terms and conditions of RFB 22-024 and CONTRACTOR's response thereto; WITNESSETH: That the parties hereto, for the consideration hereinafter set forth, mutually agree as follows: ARTICLE 1— SCOPE OF WORK The CONTRACTOR shall furnish swimming pool maintenance and repair services as described in CITY's RFB 22-024 and CONTRACTOR's June 30, 2022 response thereto, which are expressly incorporated herein and made a part of the Agreement Documents hereto and shall do everything required by this Agreement and the Agreement Documents. Provided, however, that nothing herein shall require CITY to purchase or acquire any items or services from CONTRACTOR. ARTICLE 2 — THE CONTRACT SUM CITY shall pay CONTRACTOR, for the faithful performance of the Agreement as set forth in the Agreement Documents and the Unit Price Schedule an amount in accordance with the compensation schedule set forth in Exhibit "A", attached hereto and incorporated herein. ARTICLE 3 — PROVISION OF SERVICES AND COMPLETION OF WORK 3.1. The CONTRACTOR shall only provide to CITY swimming pool maintenance and repair services upon receipt of an authorized order from CITY and shall provide the requested items in the timeframe and as set forth in RFB No. 22-024 or in the specific purchase order or authorized order submitted by CITY. Nothing herein shall obligate CITY to purchase any specific amount of product from CONTRACTOR or create an exclusive purchase agreement between CITY and 1 DocuSign Envelope ID: OA8118ED-D755-4E1E-B1A9-F4F4328F408B CONTRACTOR. CITY shall not be obligated or required to pay for any items received until such time as CITY has accepted the items in accordance with the order provided to CONTRACTOR. 3.2. CONTRACTOR, upon receipt of an order hereunder, shall immediately notify CITY if it has an issue or question related to the fulfillment of the order or whether there will be any delay in providing the items requested. Failure of CONTRACTOR to so notify CITY will preclude CONTRACTOR from seeking payment of any bind for any items that were delayed in delivery. Upon receipt of notification of the delay, CITY may at its sole option cancel the order and seek the items from any available source. 3.3. It is expressly understood and agreed that the passing, approval and/or acceptance of any swimming pool maintenance and repair services herein by CITY or by any agent or representative as in compliance with the terms of this Contract shall not operate as a waiver by the CITY of strict compliance with the terms of this Contract and the CITY may require the CONTRACTOR replace the accepted swimming pool maintenance and repair services so as to comply with the warranties and specifications hereof. 3.4. COMPANY specifically acknowledges that this Contract does not bind or obligate CITY to purchase any minimum quantity of product during the term hereof. ARTICLE 4 — TERM AND TERMINATION 4.1. This Agreement is to become effective upon execution by both parties, and shall remain in effect for a period of two (2) years thereafter, unless terminated or renewed as provided for herein. 4.2. Notwithstanding any other provision of this Agreement, CITY may, upon written notice to CONTRACTOR, terminate this Agreement: a) without cause and for CITY's convenience upon thirty (30) days written notice to CONTRACTOR; b) if CONTRACTOR is adjudged to be bankrupt; c) if CONTRACTOR makes a general assignment for the benefit of its creditors; d) CONTRACTOR fails to comply with any of the conditions of provisions of this Agreement; or e) CONTRACTOR is experiencing a labor dispute, which threatens to have a substantial, adverse impact upon the performance of this Agreement, without prejudice to any other right or remedy CITY may have under this Agreement. In the event of such termination, CITY shall be liable only for the payment of all unpaid charges, determined in accordance with the provisions of this Agreement, for work, properly performed and accepted prior to the effective date of termination. 4.3. Upon mutual Agreement of the parties, this Agreement may be renewed for four (4) additional twelve (12) month terms. Sixty (60) days prior to completion of each extended term of this Agreement, CONTRACTOR may request and the City may consider an adjustment to price based on changes in the Producer Price Index (PPI). 2 DocuSign Envelope ID: OA8118ED-D755-4E1E-B1A9-F4F4328F408B ARTICLE 5 — PAYMENTS In accordance with the provisions fully set forth in the Contract Documents, CONTRACTOR shall submit an invoice to CITY upon completion of the services and delivery of products to CITY as set forth in the applicable purchase order. CITY shall make payment to the CONTRACTOR for all accepted deliveries and undisputed products delivered and services provided, within thirty (30) calendar days of receipt of the invoice. ARTICLE 6 — DISPUTE RESOLUTION - MEDIATION 6.1. Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to voluntary arbitration or the institution of legal or equitable proceedings by either party. 6.2. The CITY and CONTRACTOR shall endeavor to resolve claims, disputes and other matters in question between them by mediation. 6.3. The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in Clermont, Lake County, Florida, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement Agreements in any court having jurisdiction thereof. ARTICLE 7 — INSURANCE AND INDEMNIFICATION RIDER 7.1. Worker's Compensation Insurance — The CONTRACTOR shall take out and maintain during the life of this Agreement, Worker's Compensation Insurance for all its employees connected with the work of this Project and, in case any work is sublet, the CONTRACTOR shall require the subCONTRACTOR similarly to provide Worker's Compensation Insurance for all of the subCONTRACTOR employees unless such employees are covered by the protection afforded by the CONTRACTOR. Such insurance shall comply with the Florida Worker's Compensation Law. In case any class of employees engaged in hazardous work under this Agreement at the site of the Project is not protected under the Worker's Compensation statute, the CONTRACTOR shall provide adequate insurance, satisfactory to the CITY, for the protection of employees not otherwise protected. 7.2. CONTRACTOR's Commercial General Liability Insurance — The CONTRACTOR shall take out and maintain during the life of this Agreement, Commercial General Liability and Business Automobile Liability Insurance as shall protect it from claims for damage for personal injury, including accidental death, as well as claims for property damages which may arise from operating under this Agreement whether such operations are by itself or by anyone directly or 3 DocuSign Envelope ID: OA8118ED-D755-4E1E-B1A9-F4F4328F408B indirectly employed by it, and the amount of such insurance shall be as follows: (a) CONTRACTOR's Commercial General Liability, $1,000,000 Each, ($2,000,000 aggregate). Liability Coverages, Bodily Injury Occurrence, & Property Damage Combined Single Limit (b) Automobile Liability Coverages, $1,000,000 Each, Bodily Injury & Property Damage Occurrence, Combined Single Limit Insurance clause for both BODILY INJURY AND PROPERTY DAMAGE shall be amended to provide coverage on an occurrence basis. 7.3. Indemnification Rider (a) To the fullest extent permitted by law, the CONTRACTOR shall indemnify and hold harmless the CITY and its employees from and against all claims, damages, losses and expenses, including but not limited to reasonable attorney's fees, arising out of or resulting from its performance of the Work, provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) , and (2) is caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not such acts are caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right to obligation of indemnity which would otherwise exist as to any party or person described in this Article.; however, this indemnification does not include the sole acts of negligence, damage or losses caused by the CITY and its other contractors. (b) In any and all claims against the CITY or any of its agents or employees by any employee of the CONTRACTOR, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligations under this Paragraph shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the CONTRACTOR or any subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. (c) The CONTRACTOR hereby acknowledges receipt of ten dollars and other good and valuable consideration from the CITY for the indemnification provided herein. L DocuSign Envelope ID: OA8118ED-D755-4E1E-B1A9-F4F4328F408B ARTICLE 8 — NOTICES All notices shall be in writing and sent by United States mail, certified or registered, with return receipt requested and postage prepaid, or by nationally recognized overnight courier service to the address of the party set forth below. Any such notice shall be deemed given when received by the party to whom it is intended. CONTRACTOR: Florida Aqua Group LLC 15323 Royal Tern Blvd Mascotte, FL 34753 Attn: Nicholas Massa OWNER: City of Clermont Attn: Brian Bulthuis, City Manager 685 W. Montrose Street Clermont, FL 34711 ARTICLE 9 — MISCELLANEOUS 9.1. Attorneys' Fees — In the event a suit or action is instituted to enforce or interpret any provision of this Agreement, the prevailing party shall be entitled to recover such sum as the Court may adjudge reasonable as attorneys' fees at trial or on any appeal, in addition to all other sums provided by law. 9.2. Waiver — The waiver by city of breach of any provision of this Agreement shall not be construed or operate as a waiver of any subsequent breach of such provision or of such provision itself and shall in no way affect the enforcement of any other provisions of this Agreement. 9.3. Severability — If any provision of this Agreement or the application thereof to any person or circumstance is to any extent invalid or unenforceable, such provision, or part thereof, shall be deleted or modified in such a manner as to make the Agreement valid and enforceable under applicable law, the remainder of this Agreement and the application of such a provision to other persons or circumstances shall be unaffected, and this Agreement shall be valid and enforceable to the fullest extent permitted by applicable law. 9.4. Amendment — Except for as otherwise provided herein, this Agreement may not be modified or amended except by an Agreement in writing signed by both parties. 9.5. Entire Agreement — This Agreement including the documents incorporated by reference contains the entire understanding of the parties hereto and supersedes all prior and contemporaneous Agreements between the parties with respect to the performance of services by CONTRACTOR. 5 DocuSign Envelope ID: OA8118ED-D755-4E1E-B1A9-F4F4328F408B 9.6. Assignment — Except in the event of merger, consolidation, or other change of control pursuant to the sale of all or substantially all of either party's assets, this Agreement is personal to the parties hereto and may not be assigned by CONTRACTOR, in whole or in part, without the prior written consent of city. 9.7. Venue — The parties agree that the sole and exclusive venue for any cause of action arising out of this Agreement shall be Lake County, Florida. 9.8. Applicable Law — This Agreement and any amendments hereto are executed and delivered in the State of Florida and shall be governed, interpreted, construed and enforced in accordance with the laws of the State of Florida. 9.9. Public Records — Contractor expressly understands records associated with this project are public records and agrees to comply with Florida's Public Records law, to include, to: (a) Keep and maintain public records that ordinarily and necessarily would be required by the CITY in order to perform the services contemplated herein. (b) Provide the public with access to public records on the same terms and conditions that the CITY would provide the records and at a cost that does not exceed the cost provided in this Florida's Public Records law or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (d) Meet all requirements for retaining public records and transfer, at no cost, to the CITY all public records in possession of CONTRACTOR upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. CONTRACTOR shall use reasonable efforts to provide all records stored electronically must be provided to the CITY in a format that is compatible with the information technology systems of the CITY. (e) IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTRACTOR SHALL CONTACT THE CITY'S CUSTODIAN OF PUBLIC RECORDS AT CITY CLERK'S OFFICE, (352) 241-7331. G DocuSign Envelope ID: OA8118ED-D755-4E1E-B1A9-F4F4328F408B ARTICLE 10 — AGREEMENT DOCUMENTS The Agreement Documents, as listed below are herein made fully a part of this Agreement as if herein repeated. Document Precedence: 10.1. This Agreement 10.2. Purchase Order / Notice To Proceed 10.3. An applicable Contractor Quote or Statement of Work 10.4. All documents contained in City of Clermont RFB 22-024 and any amendments thereto. 10.5. CONTRACTOR'S June 30, 2022 response to RFB 22-024. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this 1 st day of August 2022 CITY OF CLERMONT DocuSigned byN"s 534781168A394C8... �'^�'• L. S Brian Bulthuis, ATTEST: E DocuSigned by: pa4o.,oc 3AD7F34905B344A... Tracy Ackroyd H Manager 7 DocuSign Envelope ID: OA8118ED-D755-4E1E-B1A9-F4F4328F408B FLORIDA AQUA GROUP LLC DocuSigned by: I,IA,bI,aS Al.ia.SS& BY EG+E ... (Signature) Print Name: Nicholas Massa Title: Account Manager Date: 7/25/2022 DocuSign Envelope ID: OA8118ED-D755-4E1E-B1A9-F4F4328F408B I .. to] ZM" 0 DIM NOTE: The quantities shown in the Price Schedule are estimates only. They may vary significantly from the actual quantities ordered by the City. Payment shall be for the units ordered, placed, and accepted by the City. By signing this form, the respondent fully acknowledges that there will be no additional compensation (no overhead, no anticipated profits, etc.) other than the unit price of the items times the number of items authorized, ordered, placed, and accepted by the City. Clermont Arts & Recreation Center I Main Pool, Wader Pool, and Spa Maintenance 52/ 550.00 $0.00 (includes 3-full service visits per week, May to Weeks 8,6 $200 October) 2 Splash Park Maintenance (Includes 3-full 52/ 400.00 $$9000 service visits per week, November to April) Weeks 3 As Needed Maintenance for Main Pool, Wader I day 120.00 $0.00 Pool and Spa (Cost per day maintenance) $120.00 4 As Needed Maintenance for Splash Park 1 /Day 120.00 'PAL (Including emergencies) 5 Storm Preparation and Post Maintenance 1 / Hour 120.00 $ 0.9p $1 0,00 EMEMMM011EEEEM----' $0.00 RFB No: 22-024 Page 16 of 32 /Ja $49,760.00 DocuSign Envelope ID: OA8118ED-D755-4E1E-B1A9-F4F4328F408B • ANNIEUMr.1 girt] HASTA I In O]01wVAPwkr4�VV 91M Company Name (print): Florida Aqua Group, LLC Street Address: 15323 Royal Tern Blvd Mailing Address (if different): Telephone: 1-888-575-7665 Fax: 1-866-575-1004 Ernail: Info@FloridaAquaGroup.com Payment Terms: days, net FEIN: 83 4371933 Professional. License No.: ry Signature: Date: 07/05/2022 Print Name: Nicholas Massa Title: Account Manager Does the respondent accept payment using the City's MASTERCARD? IVI Yes ONo RFB No: 22-024 Page 17 of 32 DocuSign Envelope ID: OA8118ED-D755-4E1E-B1A9-F4F4328F408B SECTION — B STATEMENT OF WORK The work to be performed consists of providing maintenance, cleaning and repair services including labor and all chemicals required to maintain two (2) swimming pools and one (1) spa located at the Parks and Recreation Department, 3700 S. Hwy. 27, Clermont and one (1) splash park with water features located at Waterfront Park at 100 3rd Street, Clermont. All work must be coordinated with the Parks and Recreation Department representative. The each location consists of the following: 1. Clermont Arts & Recreation Center • Main Pool — 80,784 gallons • Wader Pool — 2,525 gallons • Spa — 3.950 gallons Contact person: Suzanne O'Shea, 352-708-5998 2. Splash Park • 1,350 gallons Contact person: Maritza Rivera, 352-708-5989 1 — MAINTENANCE POOLS / SPA Maintenance must consist of the following: • Empty debris from all skimmer and pump baskets. • Water chemistry analysis; based on the Langelier Saturation Index and NSPS guidelines. • Check chemical balance and add chemicals as required to meet the health department, the National Swimming Pool Foundation (NSPS) standards. • Provide all chemicals needed to treat the pools/spa under normal conditions and adjust as needed at the time of service. • Monitor chemical levels of pools/spa via the wi-fi enabled chemical automation unit. • If chemical levels are out of acceptable range during the open pool season, they will be adjusted when needed to avoid pool closure. • Check ISO acid and total alkalinity once per week during open pool season, and once per month during off-season. Levels should be adjusted accordingly. • Skim reservoir surface to remove floating matter; • Brush pool/spa walls, and water line tile; RFB No: 22-024 Page 11 of 32 DocuSign Envelope ID: OA8118ED-D755-4E1E-B1A9-F4F4328F408B SECTION — B STATEMENT OF WORK • Vacuum bottom of pools and spa; • Backwashing/cleaning of DE filters, depending on the pools/spa; • Inspect pool equipment areas and related equipment; • Fill out the Department of Health log book each visit. Log book must remain onsite.\ • Report all required repairs to the city's contact person immediately. 2 — MAINTENANCE OF SPLASH PARK Maintenance must consist of the following: • Maintenance service to the Splash Park must be conducted on Monday, Wednesday, Friday, and Saturday before 9:30 A.M. • Clean all skimmer and pump baskets daily associated with the Splash Park system; • Water chemistry analysis; based on the Langelier Saturation Index and NSPS guidelines; • Check chemical balance and add chemicals as required to meet the health department, the National Swimming Pool Foundation (NSPS) standards; • Provide all chemicals needed to treat the Splash Park system water under normal conditions at the time of service. Chemicals may include liquid chlorine, acid, stabilizer, accolade, and calcium. • Check ISO acid and total alkalinity once per month and adjust accordingly; • Skim reservoir surface to remove floating matter; • Backwashing/cleaning of sand filter system (Pentair TR100C pressure vessels complete with glass media); • Inspect Splash Park equipment areas and related equipment; • Fill out the Department of Health log book each visit. Log book must remain onsite. • Check at each scheduled service the gauges, flow indicator parts, filters, and UV system; • Treat the Splash Park system regularly with "Natural Chemistry Pool Perfect Plus" enzyme treatment based on bathing load; • Maintain and adjust regularly the chemical feeder and clean all probes as needed. RFB No: 22-024 Page 12 of 32 DocuSign Envelope ID: OA8118ED-D755-4E1E-B1A9-F4F4328F408B SECTION — B STATEMENT OF WORK • Maintain all required repairs to the city's contact person immediately. 3 — STORM PREPARATION AND POST MAINTENANCE PROCEDURES Prior to hurricane or large tropical storm weather preparation procedures: • Prevent contamination from debris and excessive storm water, add a granular pool shock and large dose of pool algaecide to quickly eliminate organic contaminants that may have entered the water. • Wrap the pool pump, time clock, light transformers and electric heaters with waterproof plastic as applicable. Tie wrap securely in place to prevent sand and water from entering the equipment. If flooding is expected, disconnect the equipment's and store them in a dry place. • Circuit breakers at the main electrical panel should be turned off. Pool equipment such as pump motors, pool lighting, chlorinators and heaters must not operational during the storm. Post hurricane or large tropical storm weather preparation procedures: • Removal of excess debris from pools and electrical equipment. • Unwrap equipment and assess damage to pool pump, time clock, light transformers, and electric heaters where applicable. • If all equipment is in working condition, restore electric and pumps to working order. • Restore chemical balance of the pools to regular levels. • Post hurricane cleanup within two days of storm passing. 4 — FILTER CLEANING & SAND REPLACEMENT All sand filters related to the splash park pump system must be cleaned at each scheduled service or as needed as. It is critical for the filter to run in order to maintain clean water, replacement parts for the filters (elements, manifolds, and 0-rings) may be replaced without prior approval as long as they are under $15. There may be more frequent filter cleanings due to bather load, amount of debris, or other conditions beyond owner control. Replace sand in Pentair TR100C pressure vessels complete with glass media based on manufactures specifications and usage of the Splash Park system. Notification of the sand change must be sent to City of Clermont representative or designee with a thirty (30) day notice by email or written notice. 5 — REPAIRS / INSTALLATION RFB No: 22-024 Page 13 of 32 DocuSign Envelope ID: OA8118ED-D755-4E1E-B1A9-F4F4328F408B SECTION — B STATEMENT OF WORK Installation of items such as Life Rings or any other "Life Safety Items" should be purchased by the city and installed by the contractor. Any and all repairs should be made by the contractor solely. Any repairs should be agreed upon by owner prior to any work being done by the City of Clermont. 6 — CLEANING TIMES AND REQUIREMENTS Clermont Arts & Recreation Pool/Spa maintenance and cleaning must be performed between the hours of 6:30 AM and 8:00 AM at a frequency of three (3) times per week. Adjustments of schedule must be agreed upon by both parties. Splash Park maintenance and cleaning must be performed between the hours of 9:00 AM and 10:00 AM at a frequency of three (3) times per week. Adjustments of schedule must be agreed upon by both parties. 7 — APPURTENANCES Successful respondent will be responsible for all adjustments, above ground leaks, piping and equipment, repairs and/or replacements of all appurtenances to the Splash Park. Such work may be required on either maintenance or an emergency basis according to the needs of the City. 8 — TROUBLE SHOOTING Successful respondent may be contacted to advise the City of Clermont representative or designee of any problems, potential leaks, potential motor breakdown, etc. It is the successful respondent responsibility to report any malfunction of equipment or potential problems immediately to the City of Clermont representative or designee. All repairs must be authorized by the City of Clermont representative or designee. 9 — MSDS Successful respondent shall provide copies of the Material Safety Data Sheets (MSDS) for all chemicals supplied. MSDS shall include information on all ingredients contained in each chemical as well as all poison information including all recommended procedures for antidote in case of accidental ingestion. 10 — RESPONSE TIME A qualified pool technician shall respond within thirty (30) minutes by telephone to emergency calls (seven days per week) and will be expected to be on site within two (2) hours after initial response. If it is not possible to be on site within the time frame specified, RFB No: 22-024 Page 14 of 32 DocuSign Envelope ID: OA8118ED-D755-4E1E-B1A9-F4F4328F408B SECTION — B STATEMENT OF WORK the successful respondent will contact the City of Clermont representative or designee within that time and a mutual agreement will be made. 11 — KEYS AND LOCKS Successful respondent will be issued a set of pool keys during each visit. Successful respondent shall be responsible to see that all doors, locks and accesses used to enter the pool pump area and kept secure and locked after completing the services. A loss of keys by the respondent must be immediately reported to the City of Clermont representative or designee. Loss of keys may require rekeying which will be financial responsibility of the contractor. 12 — EXPERIENCE Successful respondent shall have no less than five (5) years of experience in working with commercial swimming pool maintenance and repair. Respondents shall provide evidence of experience with their response, including but not limited to, maintenance of all records meeting DOH / NSPS requirements and standards. Failure to provide such experience will result in respondent's bid being non -responsive. END OF SECTION — B RFB No: 22-024 Page 15 of 32 0 .o Lu . LU cn LU U_ LL cn Q a w o� Qw w " U :� za z� O H N za Q N J O ON d M 0 w Z c O LU H N CO LV LL D wo O CO CEO M w^ O) Tl- 1�31 co J LL O J O U '6 C co O E I � � U I J � Q Z O (� O O Z C Q N _ m _O O LL