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Resolution 048-17RECORD OF RESOLUTIONS Dayton Legal Blank, Inc., Form No. 30045 Resolution No. 48 -17 Passed A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH BILL WADLEY SWIM ACADEMY, LLC FOR THE MANAGEMENT AND ADMINISTRATION OF THE DUBLIN COMMUNITY SWIM TEAM AND SUMMER DOLPHINS SWIM TEAM PROGRAMS ,20 WHEREAS, the Dublin Community Swim Team (DCST) and the summer Dolphins Swim Team (Dolphins) have been highly popular and valued City programs; and WHEREAS, the City of Dublin staff has primarily focused on the recreational components of these programs; and WHEREAS, the programs are in need of coaching expertise, which is a much more specialized aptitude with a more defined scope than is being currently offered; and WHEREAS, the City can provide this level of service through a contractual agreement with a qualified service provider; and WHEREAS, the City solicited and received four proposals for administering the City's swim programs; and WHEREAS, through a collaborative effort among staff, the DCST Boosters Board and other swim team parents, a Committee was formed to evaluate the proposals; and WHEREAS, the Committee unanimously determined that Bill Wadley Swim Academy, LLC was the best fit for the community, the programs and the needs of the swimmers /parents. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Dublin, State of Ohio, r7 of the elected members concurring that: Section 1. The City Manager is hereby authorized to enter into an Agreement with Bill Wadley Swim Academy, LLC for the Management and Administration of the Dublin Community Swim Team and summer Dolphins Swim Team Programs Section 2. This Resolution shall take effect and be in force in accordance with Section 4.04( 'a) of the Dublin Ci Charter. A f Pa sed this d y of 12017 1 Mayor — Pr`d i ng"Officer F ATTEST: Clerk of Council Office of the City Manager 5200 Emerald Parkwayo Dublin, OH 43017-1090 U14"OtvU'f Dublin Phone: 614-410-4400 * Fax: 614-410-4490 Cit 'V To,& Members of Dublin City Council From,: Dana L. McDaniel, City Mana Date,* June 8, 2017 Ini"Uated By,,, Matt Earman, Director of Parks and Recreation Re: Resolution 48-17 - Authorizing the City Manager to enter into an agreemen'll with Bill Wadley Swim Academy, LLC Res. 48-17 — Contract with Bill Wadley Swim Academy LLC June 8, 2017 Page 2 Res. 48-17 — Contract with Bill Wadley Swim Academy LLC June 8, 2017 Page 3 Res. 48-17 — Contract with Bill Wadley Swim Academy LLC June 8, 2017 Page 4 existing funds will be transferred from the respective program accounts into the contractual services account in order to accommodate this modification to the current budget. In summary, execution and implementation of the service agreement with BWSA will reduce the City's costs for the programs by an estimated $21,000 in 2017 and $41,000 for each of thd-' remaining two years. While this result was not the intended objective of the agreement with BWSA, it demonstrates that the outcome favors the City financially. Based on the opportunities, possibilities and positive attributes associated with the direction of these programs, staff recommends approval of Resolution 48-17, authorizing the City Manager to enter into an agreement with Bill Wadley Swim Academy, LLC as contracted service to manage and administer the City of Dublin Community Swim Team and summer Dolphins Swim Team programs. AIL WHEREAS, Dublin desires to engage Service Provider to perform the services as more fully described in the attached Exhibit A (the "Services"), and WHEREAS,, Services Provider desires to perform the Services and desires to be so engage . NOW, THEREFORE, in consideration of the foregoing and of the covenants and agreements herein contained, the parties, intending to be legally bound, agree as follows: Performance of the Servi"ces, Provider shall: Jill I I 11 WWI B. Give prompt notice to Dublin should the Service Provider observe or otherwise become aware of any fault or deficit in the project or any nonconformance with the Agreement, c. Remit to Dublin after the termination of this Agreement, all files and documents pertaining to the project that have been obtained or produced 1. '. including., but not limited to, permits, licenses, appiications., codes, drawings, site plans., photographs and similar materials. Provider shall be entitled to retain copies for Provider's files. A. Assist the Service Provider by placing at its disposal all available information pertinent to the Services for the projec,, B. Use its best efforts to secure release of other data applicable to the project held by others, c. Make all necessary provisions to enter upon public and private property as required to perform the Services. D. Give prompt notice to the Service Provider should Dublin observe or otherwise become aware of any fault or deficit in the project or any nonconformance with the Agreement. Service Provider shall be in an amount not to exceed $170,000 over the term of this agreement which shall be paid as follows-, Non-Professional Liability (General Liability). To the fullest extent permitted by law,. the Service Provider shall indemnify, defend and hold harmless Dublin, its officers, officials, employees or any combination thereof, from and against claims, damages, losses and expenses, including but not W.M. VII,. Insurance,, C. The Service Provider shall secure and maintain, at his/her own expense, General Liability insurance in an amount not less than One Million Dollars ($1,000,000.00) per occurrence, D. Dublin shall be held harmless for any damage to the Service Provider's property and/or equipment during the course of performance under the Contraft, OTT", Service Provider for the work performed under the provision of this contract. All such Certificates, with the exception of those for Worker's Compensation and Errors & Omissions coverage., shall clearly reflect that the City of Dublin is an "Additional Insured". A. Service Provider guarantees that the individuals employed by the Service working on this project are authorized to work in the United States. The Service Provider will upon demand provide Dublin with appropriate documentation (Form 1-9) for any Service Provider employee performing services for Dublin, B. The Service Provider agrees to indemnify Dublin in accordance with Section a * VI of the Agreement for anyissue arising out of the Service Provider's hiring or retention of any individual who is not authorized to work in the United States. IX Taxes. D. The Service Provider shall receive Internal Revenue Service form 1099 from Dublin for income tax reporting purposes, 0 X8 Assignment. Neither party may assign this Agreement without obtaininAll., express, written consent from the other party prior to assignment, XL Entire Agreement / Amendment,, This Agreement constitutes the entire understanding of the parties hereto with respect to the subject matter hereof and supersedes all prior negotiations,, discussions, undertakings and agreements MM- between the partieso This Agreement may be amended or modified only by a writing executed by the duly authorized officers of the parties hereto. It Is understood and agreed that this Agreement may not be changed, modified, or altered except by an instrument,, in writing, signed by both parties in accordance with the laws of the State of Ohio, A. No discrimination for reason of race, color,, national origin,, religion, sex, genetic information, pregnancy, age, ancestry, military status, sexual orientation., gender identity, marital status, veteran's status, or disability shall be permitted or authorized by Dublin and/or Service Provider in connection with the Services, B. Nothing in this Agreement shall require the commission of any act contrary to any law or any rules or regulations of any union, guild, or similar body having Jurisdiction over the Services of Service Provider. Paragraph Headi"ngs. Paragraph headings are inserted in this Agreement for convenience only and are not to be used in interpreting this Agreement, [Signatures appear on following page] Page 5 oob #! M► A► '' Ut IN WITNESS WHEREOF, the parties have executed this Agreement as of the day of 201710 Dana McDaniel, # . Department Director payment, I hereby certify that the funds required to meet the City's obligation,, txpenditure under this Agreement have been lawfully appropriated or authorized for such purpose and are free from any obligation now outstanding. Angel L. Mumma, Director of Finance -Signature Page- M All 1- .. Provide services to holistically manage and administer the City of Dublin Community Swim Team, Dublin Sea Dragons, (DCST) Long Course" that spans from mid-June to early August, and the "Short Course" spanning from September to early June each year; as well as the City of Dublin's summer league swim team program, Dublin Dolphins, (Dolphins) that spans from early June to mid-July each year. 5. Be the only authorized provider to manage and operate the DCST and Dolphins at any City of Dublin location. 6. Appoint and maintain a designee to manage communication with the City of Dublin contract manager. 10. Work collaboratively with the City of Dublin to develop meet and practice schedules and ensure that meet entries are submitted on time for entry qualifications. (I. Adhere to the agreed upon fee structure for the duration of the agreement. Any changes to the participant fee structure must be approved by the City of Dublin prior to discussing it with any members of the team. 12. Independently manage the logistics of team practices for DCST and Dolphins for the assigned scheduled times and maintain any relevant records of actual facility usage by each team for its own financial accounting needs. V Coaches may not play music when other programs are taking place and music must be all- an appropriate level and family friendly, p. Coaches agree to keep designated storage and office area cleaned and organized. Those using the office computer must sign off on IT computer use policy.