3-Year Pool Management

1 REQUEST FOR BIDS (RFB) THREE (3) YEAR (2023, 2024, AND 2025) COMBINED CONTRACT FOR OPERATION AND MANAGEMENT OF THE ORANGE TOWNSHIP, DELAWARE COUNTY, OHIO SWIMMING POOL AND SWIMMING POOL CONCESSION STAND Bids shall be sealed in an opaque envelope bearing on the outside the Bidders’s name and address and clearly marked “Swimming Pool Management Bid”. Please refer to Orange Township website Bid Opportunities www.orangetwp.org for additional information. Bids should be addressed and submitted to: Orange Township Operations Department Orange Township Hall 1680 E. Orange Road Lewis Center, Ohio 43035 Bids will be received until 3pm local time, February 7, 2023. Bids will be opened and read aloud at 3pm local time, February 7, 2023 Orange Township Board of Trustees Ben Grumbles Lisa Knapp Erica Fouss Fiscal Officer Lisa Kraft PUBLIC ANNOUNCMENT-SWIMMING POOL MANAGEMENT AGREEMENT Sealed bids will be received by the

Board of Township Trustees of Orange Township, Delaware County, Ohio (“Board”) at 1680 E. Orange Road, Lewis Center, Ohio 43035, until 3 p.m., local time, on February 7, 2023, for the operation and management of the Board’s swimming pool and concession stand facility at it’s North Orange Park, http://www.orangetwp.org/ 2 located at 7560 Gooding Boulevard, Delaware, Ohio 43015. Bids received will be opened and read aloud immediately thereafter. A pre-bid meeting will be held on, January 23, 2023 at 10am local time, at Orange Township Hall, located at 1680 E. Orange Road, Lewis Center, Ohio 43035. In the sole discretion of the Board, the award of the contract will be made on the basis of lowest and best bid for the basic services stated in the bid documents. The successful Bidder will operate and manage the swimming pool facilities and the concession stand during the 2023, 2024, and 2025 seasons. The bid documents in their entirety can be found on the Orange Township website www.orangetwp.org . Submitted bids shall be enclosed in sealed opaque envelopes addressed to Orange Township Director of Operations, marked: “Bid Documents for Swimming Pool Management Agreement”. Bidders must submit an original plus three (3) copies of their bids. The bid shall be valid until sixty (60) days after the bid opening date although not accepted or rejected. The Township may waive informalities and reject any and all Bids. The award of the contract may be made at any time during that period. The Township may waive any technical requirements and accept any Bid which is deemed by the Orange Township Board of Trustees to be the lowest and best Bid. No Bid will be allowed to be withdrawn for any reason after it has been deposited with the Township. Any Bid received after the time and date specified will not be considered. Each Bidder must submit evidence of their experience in operating and managing facilities of similar size and complexity. The Board intends and requires that services be undertaken by the successful Bidder no later than April 1, 2023. Time is of the essence to this contract. The successful Bidder shall be an equal opportunity employer. Any inquires regarding this announcement should be directed to Silas Bowers, Director of Operations (740) 657-2630; or sbowers@orangetwp.org. By order of the Board of Township Trustees of Orange Township, Delaware County, Ohio. Lisa Kraft, Township Fiscal Officer. http://www.orangetwp.org/ mailto:sbowers@orangetwp.org 3 APPENDIX A BID FORM 4 BID FORM ORANGE TOWNSHIP BOARD OF TRUSTEES DELAWARE COUNTY, OHIO THREE (3) YEAR (2023, 2024, 2025) COMBINED CONTRACT FOR OPERATING AND MANAGEMENT OF THE ORANGE TOWNSHIP, DELAWARE COUNTY, OHIO SWIMMING POOL AND SWIMMING POOL CONCESSION STAND INSTRUCTIONS: 1. Complete all blanks and sign in ink. 2. Bidder should submit a bid for a contact satisfying all specifications. 3. Submit bids in compliance with RFB. BID: Bidders shall submit a single bid for a three (3) year (2023, 2024, and 2025) combined contract for operations and management of the swimming pool and concession stand. Bids shall include an amount of each year of the contract and a combined total amount of all three (3) years of the contact. RESERVATIONS OF RIGHTS: The Board reserves the following rights in relation to any submitted bid and/or the contract. A. The right to disqualify any bid that takes exception to or limits the rights of the Board. B. To refuse any bid not properly submitted in accordance with the requirements of this RFB. C. To reject bids submitted with incomplete bid documents or forms. D. To reject the selected bid and/or any and/or all other bids at any time prior to the Board’s execution of the contract. E. The right to cancel this RFB at any time. F. To reduce the scope of services required herein and to negotiate the price to reflect such change after award of the contract. 5 AWARD: The total bid amount (combined years 2023+2024+2025) is the amount that shall be considered in awarding the contract. The Board shall award the contract to the Bidder deemed to have submitted the lowest and best bid, as determined solely be the Board and/or its representative(s). The Board reserves the right to reject any and/or all bids, or any portion of and/or all bids; to waive informalities or irregularities that do not affect the substance of the specifications and contents of the legal notice, RFB, and the contract and to award the contract in the manner deemed to be in the best interest of the Board, the Township, and the County. 1. BIDDER INFORMTION 1. Name of Bidder/Company: 2. Bidder/Company Address: 3. Trade/Brand Name of Bidder/Company (if incorporated and applicable): 4. Type of Business (i.e. corporation, partnership, etc.): 5. State of Incorporation (if incorporated and applicable): 6 2. PERSON SUBMITTING BID 1. Name of person submitted bid: 2. Title: 3. BIDDER CONTACT INFORMATION 1. Name of contact for Bidder/Company: 2. Contact Address: _______________________________________________________________________________ 3. Contact Telephone Number (Including Area Code): 4 Contact email: 7 4. BID The Bidder agrees that he/she has fully read and understands all the contract documents, including, but not limited to, the Legal Notice, RFB, Contract, and related documents and also agrees that he/she has had the opportunity to and has fully accessed and examined the Aquatic Center, Swimming Pool, Concession Stand, and related facilities, and understanding and being familiar with all of these and all of terms and conditions surrounding the Contract, submits, the following bid to provide the services (Note: There are no alternatives upon with to bid.). YEAR 2023 ______________________________ ______________________________________ NUMERICAL BID AMOUNT WRITTEN BID AMOUNT YEAR 2024 ______________________________ ______________________________________ NUMERICAL BID AMOUNT WRITTEN BID AMOUNT YEAR 2025 ______________________________ ______________________________________ NUMERICAL BID AMOUNT WRITTEN BID AMOUNT 8 TOTAL BID AMOUNT (COMBINED YEARS 2023+2024-2025) ______________________________ ______________________________________ NUMERICAL BID AMOUNT WRITTEN BID AMOUNT The total bid amount (Combined Years 2023+2024+2025) written above shall be the sum of the bid amounts written above for individual years 2023,2024, and 2025 and is the bid amount for performing all of the Services over the course of all three (3) years of the contract combined. The total bid amount (combined years 2023+2024+2025) is the amount that shall be considered in awarding the contract. (NOTE: There are NO alternates upon which to bid.) 5. HISTORY OF BIDDER In the space below, provide a history of the Bidder. If additional space is required, please attach and continue on to another 8 1⁄2 x 11 white sheet of paper or attached additional information. _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ 6. QUALIFICATIONS In the space below, please provide a complete statement of qualifications evidencing the Bidder’s experience in operating and managing facilities of similar size and complexity as the Aquatic Center. Include the name and location of such facilities, the time period within which services were rendered at that facility, and referenced with contact telephone numbers. If additional space is required, please attach and 9 continue on to another 8 1⁄2 x 11 white sheet of paper or attached additional information. _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ 7. MINOR REPAIR AND INSTALLATION CAPABILITIES In the space below, please provide a complete statement of the Bidder’s minor repair and installation capabilities for maintenance and continued operation of a swimming pool and concession stand. Indicate whether the Bidder intends for work to be performed by its employees, a subsidiary, or an affiliate (collectively “in- house”), or by a subcontractor. As to those minor repairs and installations intended to be performed “in-house”, the Bidder shall indicate its experience and service capabilities with such work, whether the Bidder’s regular on-site staff will be performing the work, and the extent of its tools, equipment and parts inventory. If minor repairs and installations are intended to be performed by a subcontractor, the Bidder shall indicate the name and address of the entity or entities intended to perform each minor repair or installation type, their respective experience and service capabilities with such work and the extent of their respective tools, equipment and parts inventories. If additional space is required, please attach and continue on to another 8 1⁄2 x 11 white sheet of paper or attached additional information. _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ 10 _______________________________________________________________________ 8. SUBCONTRACTORS In the spaces below, please a complete listing of all subcontractors, if any, that are to be used for any part of the work under the contact. If additional space is required, please attach and continue on another 8 1⁄2 x 11 white sheet of paper or attached additional information. . ______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ 9. REFERENCES In the spaces below, please list three(3) non-Bidder/Contractor-owned or non- business partner customer references where the Bidder has provided similar services. ______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ 10. ALL SPECIFICATIONS MET: __________YES __________NO 11 If no, please explain which specification are not met: ______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ 11. ANY EXCEPTIONS TO SPECIFICATIONS: _______YES _____NO If yes, please explain exceptions: ______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ _____(initial) Bidder acknowledges Bidder will have access to the Aquatic Center, including the swimming pool and concession stand, as soon as practical following bid award and will fully perform the terms of the contract and complete closing and winterization of these facilities on or before September 30th of each year of this contract. _____(initial) Bidder acknowledges receipt of the following addenda to the RFP: a.________________________________ b.________________________________ c.________________________________ 12 The Bidder agrees that neither the contract documents nor the submission of a bid commit the Board to award a contract, to pay any costs incurred in preparation of a response to the RFB, or to procure or contract for any services. The Bidder understand that the Board reserves the right to modify or cancel, in whole or in part, the scope of this RFB. The Bidder understands and acknowledges that, in the sole discretion of the Board, the award of the contract may be made on the basis of the total bid amount (combined years 2023+2024+2025) stated above. The Board shall award the contract to the Bidder deemed to have submitted the lowest and best bid, as determined solely by the Board and/or its representative(s). The Board reserved the right to reject any and/or all bids, or any portion of any and/or all bids; to waive informalities or irregularities that do not affect the substance of the specifications and contents of the contract documents and to award the contract in the manner deemed to be in the best interest of the Board, the Township, and the County. The bid shall be valid until sixty (60) days after the bid opening date although not accepted or rejected. No Bidder shall withdraw his/her bid except as provided in the RFB. The Bidder certifies that he/she has fully read, understands, and, if his/her bid is accepted, agrees to be bound by all the terms and conditions of contract documents, including, but not limited to, the legal notice, the RFB, the Bid, the Bidders’ submittal, the contact, and all forms, attachments, and/or exhibits to these documents and any addendums to these documents. If awarded the contract, the Bidder, within ten (10) days from the date of the award, agrees to and shall tender to the Board the contract, without modification and signed by the Bidder, and required contract performance bond. The Bidder also agrees to timely tender to the Board any other documents required to be tendered to the Board by the contract documents. The below signed Bidder does hereby agree to be bound by the above and to perform the services in accordance with the contents and terms and conditions of the contract documents and at the bid process stated in this bid. Respectfully Submitted, ________________________________________ ____________________ Signature ( must be in ink) Date ________________________________________ Printed Name/Title/Position 13 ________________________________________ Company Name 14 APPENDIX B NON-COLLUSION AFFIDAVIT 15 NON-COLLUSION AFFIDAVIT State of _________________________) County of ________________________) SS: REQUEST FOR BIDS (RFB) FOR A THREE (3) YEAR (2023,2024, AND 2025) COMBINED CONTRACT FOR OPERATION AND MANAGEMENT OF THE ORANGE TOWNSHIP, DELAWARE COUNTY, OHIO SWIMMING POOL AND SWIMMING POOL CONCESSION STAND Name of Bidder________________________________________________________________ The undersigned, being first duly cautioned and sworn, states that he/she is: _______________________________________ (Position) of the above named Bidder submitting a bid; that such bid is not made in the interest of or on behalf of an undisclosed person, partnership, company, association, organization, or corporation; that such bid is genuine and not collusive or sham; that said Bidder has not directly or indirectly induced or solicited any other Bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any Bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that said Bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of said Bidder or another Bidder, or to fix any overhead, profit or cost element of such bid price, or that of any other Bidder, or to secure any advantage against the agency awarding the contract or anyone interested in the proposed contract; that all statements contained in such bid are true and accurate; and further, that said Bidder has not, directly or indirectly, submitted its bid price or any break-down- thereof, or the contents thereof, or divulged any information or data relative thereto or paid with will not pay any fee in connection therewith, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, or to any other individual except to such person or persons as have a partnership or other financial interest with said Bidder in its general business. Executed this ________day of __________________, 20___. ___________________________________ Signature _______________________________________ Printed Name ________________________________________ Title Sworn to and subscribed in my presence this _________ day of _____________, 20___. _________________________________________ Notary Public My commission expires:________________ 16 APPENDIX C PERSONAL PROPERTY TAX AFFIDAVIT 17 PERSONAL PROPERTY TAX AFFIDAVIT NO DELIQUENT TAX OWED REQUEST FOR BIDS (RFB) FOR A THREE (3) YEAR (2023,2024, AND 2025) COMBINED CONTRACT FOR OPERATION AND MANAGEMENT OF THE ORANGE TOWNSHIP, DELAWARE COUNTY, OHIO SWIMMING POOL AND SWIMMING POOL CONCESSION STAND State of _________________________) County of ________________________) SS: The undersigned, hereby affirms and certifies that they are not charged with delinquent personal property taxes on the general tax list of personal property of Delaware County, Ohio or any other counties containing property in the taxing districts under the jurisdiction of the Auditor of Delaware County, Ohio, nor were they charged with delinquent personal property taxes on the general tax list of personal property of Delaware County, Ohio or any other counties containing property in the taxing districts under the jurisdiction of the Auditor of Delaware County, Ohio at the time this bid was made. Executed this ________day of __________________, 20___. ___________________________________ Signature _______________________________________ Printed Name ________________________________________ Title Sworn to and subscribed in my presence this _________ day of _____________, 20___. _________________________________________ Notary Public My commission expires:________________ In accordance with O.R.C. 57.19.042, a copy of this statement is incorporated into the contract. No payment shall be made with respect to the contract, unless such statement has been so incorporated and the provisions O.R.C. 5719.042 have been complied with and met. 18 PERSONAL PROPERTY TAX AFFIDAVIT DELIQUENT TAX OWED REQUEST FOR BIDS (RFB) FOR A THREE (3) YEAR (2023,2024, AND 2025) COMBINED CONTRACT FOR OPERATION AND MANAGEMENT OF THE ORANGE TOWNSHIP, DELAWARE COUNTY, OHIO SWIMMING POOL AND SWIMMING POOL CONCESSION STAND State of _________________________) County of ________________________) SS: The undersigned, hereby affirms and certifies that they are not charged with delinquent personal property taxes on the general tax list of personal property of Delaware County, Ohio or any other county containing property in the taxing districts under the jurisdiction of the Auditor of Delaware County, Ohio. Name of county(ies) where taxes are due_____________________________________________________ The amount due and unpaid is _______________________________________________________________ Unpaid interest and penalties are in the amount of __________________________________________ Executed this ________day of __________________, 20___. ___________________________________ Signature _______________________________________ Printed Name ________________________________________ Title Sworn to and subscribed in my presence this _________ day of _____________, 20___. _________________________________________ Notary Public My commission expires:________________ In accordance with O.R.C. 57.19.042, a copy of this statement is incorporated into the contract. No payment shall be made with respect to the contract, unless such statement has been so incorporated and the provisions O.R.C. 5719.042 have been complied with and met. 19 APPENDIX D AFFIDAVIT OF AUTHORITY TO SIGN 20 AFFIDAVIT OF AUTHORITY TO SIGN (To be completed and executed if the Bidder/Contractor is a Corporation) REQUEST FOR BIDS (RFB) FOR A THREE (3) YEAR (2023,2024, AND 2025) COMBINED CONTRACT FOR OPERATION AND MANAGEMENT OF THE ORANGE TOWNSHIP, DELAWARE COUNTY, OHIO SWIMMING POOL AND SWIMMING POOL CONCESSION STAND State of _________________________) County of ________________________) SS: ______________________________________, being duly cautioned and sworn, deposes and says that he/she is Secretary of ____________________________________________ a corporation organized and existing under and by virtue of the laws of the state of ______________________, and having its principal offices at: ____________________________________________(street address), ___________________(city),______________________________________(county),_______________________(state). Affiant further says that ___________________________________________________(name of officer), _____________________________________________________________(title) of the corporation is duly authorized to sign the bid and contract for the 2023-2025 Operation and Management of the Orange Township, Delaware County, Ohio North Orange Aquatic Center swimming pool and concession stand for and on behalf of said corporation to such documents by virtue of _______________________________________(state whether provision of by-laws or a resolution of Board of Directors). If by resolution, the number of such resolution is _________ and date of adoption was _____________________________________, 20____. Executed this ________day of __________________, 20___. ___________________________________ Signature _______________________________________ Printed Name ________________________________________ Title Sworn to and subscribed in my presence this _________ day of _____________, 20___. _________________________________________ Notary Public My commission expires:________________ 21 APPENDIX E NON-DISCRIMINATION FORM 22 NON-DISCRIMINATION/EQUAL OPPORTUNITY/CIVIL RIGHTS In the performance of this contract the contractor shall be bound by the following: 1. The contractor shall not discriminate against any employee or applicant for employment because of race, creed, color, religion, gender, age, sexual orientation, national origin, veteran status, or physical or mental handicap. Such actions shall include, but not be limited, to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rate of pay or other forms of compensation; and selection for or training, including apprenticeship. The contractor agrees to post notice in conspicuous places in his/her office(s) and places of work, available to all employees and applicants for employment, the provisions of this non- discrimination/equal opportunity/civil rights clause and/or such similar notices as required by state and/or federal law. 2. The contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, gender, age, sexual orientation, national origin, veteran status or physical or mental handicap. 3. The contractor further agrees that he/she shall incorporate or cause to be incorporated into any subcontract the non-discrimination/equal opportunity/civil rights regulations contained in the contract and herein during the performance of this contract. 4. The contractor agrees to and shall comply with all applicable federal, state, and local laws regarding non-discrimination/equal opportunity/civil rights and will not discriminate. Executed this ________day of __________________, 20___. ___________________________________ Signature _______________________________________ Printed Name ________________________________________ Title 23 APPENDIX F OPERS INDEPENDENT CONTRACTOR/WORKER ACKNOWLEDGEMENT 24 25 26 APPENDIX G FEDERAL W-9 FORM 27 28 29 30 31 32 33 APPENDIX H BID BOND FORM 34 BID BOND (O.R.C. 153.571 and 307.88) Know all persons by these present, that we, the undersigned ___________________ as principal and _________________________________ as sureties, are hereby held and firmly bound unto the Orange Township Board of Trustees, Delaware County, Ohio as oblige in the penal sum of five percent (5%) of the dollar amount of the total bid submitted by the principal to the oblige on_____________________ to undertake the project known as the THREE (3) YEAR (2023,2024, AND 2025) COMBINED CONTRACT FOR OPERATION AND MANAGEMENT OF THE ORANGE TOWNSHIP, DELAWARE COUNTY, OHIO SWIMMING POOL AND SWIMMING POOL CONCESSION STAND. The penal sum referred to herein shall be five percent (5%) of the dollar amount of the principal’s total bid (combined 2023+2024+2025) to the oblige, incorporating any additive or deductive alternate bids made by the principal on the date referred to above to the oblige, which are accepted by the oblige. In no case shall the penal sum exceed the amount of ____________________, being five percent (5%) of the dollar amount of the principal’s total bid. For the payment of the penal sum well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors, and assigns. Signed this _____________day of _________________________________, 20______ the condition of the above obligation is such, that whereas the above named principal has submitted a bid for a three (3) year (2023, 2024, and 2025) combined contract for operation and management of the Orange Township, Delaware County, Ohio swimming pool and swimming pool concession stand. Now, therefore, if the oblige accepts the bid of the principal and the principal fails to enter into a proper contract in accordance with the bid, plans, details, specifications, and bills of material; and in the event the principal pays to the oblige the difference not to exceed ten per cent (10%) of the penalty hereof between the amount specified in the bid and such larger amount for which the oblige may in good faith contract with the next lowest Bidder to perform the work covered by the bid; or in the event the oblige does not award the contract to the next lowest Bidder and resubmits the project for bidding, the principal pays to the oblige the difference not to exceed ten percent (10%) of the penalty hereof between the amount specified in the bid, or the costs, in connection with the resubmission, of printing new contract documents, required advertising, and printing and mailing notices to prospective Bidders, whichever is less, then is obligation shall be null and void, otherwise to remain in full force and effect; if the oblige accepts the bid of the principal and the principal 35 within tend days after the awarding of the contract enters into a proper contract in accordance with the bid, plans, details, specifications, and bills of material, which said contract is made a part of this bond the same as though set forth herein; The said surely hereby stipulates and agrees that no modifications, omissions, or additions, in or to the terms of the said contractor in or to the plans or specifications therefor shall in any wise affect the obligations of said surety on its bond and it does hereby waive notice of any such modifications, omissions or additions to the terms of the contract or to the work or to the specifications. NOTE: IF Contractor is partnership, all partners should execute bond. SIGNED AND SEALED This ___________________ day of _______________________, 20__. _________________________________________ ___________________________________ Principal Surety By:______________________________________ By:________________________________ Attorney-in-Fact Title:____________________________________ SURETY COMPANY ADDRESS: SURETY AGENT’S ADDRESS: __________________________________________ ___________________________________ Street Agency Name __________________________________________ ___________________________________ City State Zip City State Zip 36 APPENDIX I PERFORMANCE BOND FORM 37 PERFORMANCE BOND (O.R.C. 153.571 and 307.88) Know all person by these presents, that we, the undersigned ___________________ as principal and _________________________________ as sureties, are hereby held and firmly bound unto the Orange Township Board of Trustees, Delaware County, Ohio in the penal sum of _________________dollars, being 100% of the total bid (combined 2023+2024+2025), for the payment of which well and truly be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors, and assigns. Signed this _____________ day of _______________________, 20______. The condition of the above obligation is such, that whereas the above named principal did on the ____________day of ________________________, 20____, entered into a contract with the Orange Township Board of Trustees, known as a three (3) year (2023, 2024, and 2025) combined contract for operation and management of the Orange Township, Delaware County, Ohio swimming pool and swimming pool concession stand, which said contract is made a part of this bond the same as though set forth herein; Now, if the said ___________________________ shall well and faithfully do and perform the things agreed by ______________________________________ to be done and performed according to the terms of the said contract; and shall pay all lawful claims of subcontractors, material suppliers, and laborers, for labor performed and materials furnished in the carrying forward, performing or completing of said contract; we agreeing and assenting that this undertaking shall be for the benefit of any materials supplier or laborer having a just claim as well as for the oblige herein; then this obligation shall be void; otherwise the same shall remain in full force and effect; it being expressly understood and agree that the liability of the surety for any and all claims hereunder shall in no event exceed the penal amount of the obligation as herein stated. The said surety hereby stipulates and agrees that no modifications, omissions, or additions, in or to the terms of the said contract shall in any way affect the obligations of said surety on its bond and it does hereby waive notice of any such modifications, omissions or additions to the terms of the contract. NOTE: IF Contractor is partnership, all partners should execute bond. SIGNED AND SEALED This ___________________ day of _______________________, 20__. _________________________________________ ___________________________________ Principal Surety By:______________________________________ By:________________________________ Attorney-in-Fact Title:____________________________________ 38 SURETY COMPANY ADDRESS: SURETY AGENT’S ADDRESS: __________________________________________ ___________________________________ Street Agency Name __________________________________________ ___________________________________ City State Zip City State Zip 39 APPENDIX J 2023-2025 CONTRACT FOR SWIMMING POOL AND CONCESSION STAND OPERATION AND MANAGEMENT 40 2023-2025 CONTRACT FOR SWIMMING POOL AND CONCESSION STAND OPERATION AND MANAGEMENT This 2023-2025 contract for swimming pool and concession stand operation and management (“Contract”) is entered into this ___________________________, 20_______ by and between the Board of Township Trustees, Orange Township, Delaware County, Ohio (“Board”), whose principal place of business is located at Orange Township Hall, 1680 E. Orange Rd., Lewis Center, Ohio 43035 and : _____________________________________________________ Company Name (“Contractor”) Whose principal place of business is located at: _________________________________________________ _________________________________________________ _________________________________________________ _________________________________________________ (individually “Party,” collectively, “Parties”) 1. PURPOSE The purpose of this Contract is to state the covenants and conditions under which the Contractor shall provide all labor, equipment, machinery, vehicles, time, supplies, and materials necessary to provide for the safe, secure, and proper operation and management of the Orange Township, Delaware County, Ohio (“Township”) swimming pool (“Swimming Pool”) and swimming pool concession stand (“Concession Stand”), both at the North Orange Park Aquatic Center (“Aquatic Center”), located at North Orange Park, 7560 Gooding Blvd., Delaware, Ohio 43015, all provided and performed in accordance with the provisions of the Request for Bids (“RFB”) and this Contract (collectively “ Services”). 2. DEFINITIONS 41 Unless otherwise defined in this Contract, capitalized words and phrases shall have the same meanings assigned to them by the RFB. 3. INCORPORATION OF CONTRACT DOCUMENTS This Contract includes all Contract Documents (legal notice, RFB, Bid, Bidder’s submittal) and all forms, attachments, and/or exhibits to these documents. By this reference, the Contract Documents are incorporated into and made a part of this Contract. 4. TERM The term of this Contract shall become effective on and be inclusive of the date the last party signs this Contract and continue through December 31, 2025, unless otherwise terminated as provided in this Contract. 5. RENEWAL Upon signed written agreement of the Parties, this Contract may be renewed for up to two(2) mutually agreed upon additional one (1) year renewals. The parties may agree to any first 1 – year option renewal term no later than September 30, 2025 and may agree to any second 1-year option renewal term no later than September 30, 2026. Renewals shall be subject to the same terms and conditions as provided in this Contract and upon any such terms and conditions as may be specifically agreed upon, added and/or amended in writing by the parties. Any renewal agreements shall become a binding part of this Contract. 6. SCOPE OF SERVICES The following is a general list of services to be provided: • Seasonal opening and closing of the swimming pool and concession stand; • Operation and management of all aspects of the swimming pool and concession stand; • Issuance and processing of Aquatic Center seasonal and daily passes; • Daily rental of poolside shelters; • Operation and management of the swimming pool front office; • Basic daily maintenance, cleaning and sanitation of the swimming pool and concession stand, including, but not limited to, buildings, facilities, furnishings, furniture, decks, grounds, restrooms, and locker room facilities, and all other structures or facilities related to the swimming pool and/or concession stand, including the daily proper emptying of all garbage receptacles and disposal of garbage in the provided dumpster; 42 • Providing swimming lessons by competent, qualified, professional and properly certified/licensed instructors: • At all times when the swimming pool and/or concession stand are open and/or in-use, monitoring weather and other conditions that effect the safe and secure operation of the swimming pool and concession stand, and suspending use or closing the same when appropriate or conditions necessitate or require; • Concession stand operation and management, including, but not limited to, managing, ordering, and maintaining sufficient inventories of food, beverage, and service items, proper and sanitary service of food and beverages, providing and maintain sanitary conditions as required by all applicable laws, rules, and regulations, financial accounting and all other functions necessary to the safe, sanitary, and proper operation and management of the concession stand; • Daily financial accounting, processing, and deposit of moneys received in the operation of the swimming pool and concession stand; • Employing and maintain competent, qualified, professional, and properly certified/credentialed/licensed management and staff to safely, securely, and properly operate, manage, and maintain the swimming pool and concession stand, all in accordance with the Contract Documents and all applicable federal, state, and local laws; • Employing and maintain competent, qualified, professional, properly trained, and properly certified/licensed lifeguards to safely, securely, and properly monitor and guard the swimming pool and its patrons, at all times the swimming pool is open and/or in-use and all in accordance with the Contract Documents and all applicable federal, state, and local laws; • Proper and complete staffing of the swimming pool and concession stand at all times when the swimming pool and/or concession stand are open and/or are in-use; • Maintaining required and proper public swimming pool operations, including, but not limited to, record keeping, records retention, staffing, lifeguards, water quality, chemicals, testing safety, safety equipment, signage, disinfection, sanitation, and maintenance and repair all as required by all applicable federal, state and local laws, rules, and regulations, including, but not limited to, Ohio Administrative Code (“OAC”) 3701-31-04 and Ohio Department of Health (“ODH”) and Delaware General Health District a.k.a. Delaware Public Health District (“DGHD”) rules, regulations, and orders; 43 • Compliance with and enforcement of all federal, state, and local public health rules, regulations, and orders, including but not limited to rules, regulations and orders issued by the ODH and HGHD; • Maintaining required and proper inventories of swimming pool chemicals, supplies, first aid, and safety equipment; • Minor repairs and installations to the swimming pool and concession stand, as needed, for the continued operation and maintenance of the swimming pool and concession stand; • Securing the swimming pool, concession stand and Aquatic Center, including keys, at all times, including when not in operation, so that there is not unauthorized access to such facilities; • All other functions necessary to the safe, sanitary, and proper operation and management of the swimming pool; • At all times having the swimming pool and concession stand ready and meeting all applicable legal and regulatory requirements for any inspection by proper federal, state, and/or local authorities with jurisdiction and having appropriate and competent staff available for such inspections; • At all reasonable times, making appropriate and competent staff available to meet with Township officials or employees; • As requested, making appropriate and competent staff and/or management available to attend Board meetings; and, • All other services needed and/or required to implement and maintain safe, secure, sanitary, and proper conditions for swimming pool and concession stand patrons and the safe, secure, sanitary, and proper use, operation, and management of the swimming pool and concession stand. All services shall be provided and performed in a professional workman like manner and in accordance with all provisions, requirements, and specifications of the Contract Documents. B. TIMING TO BEGIN SERVICES The Board intends and requires that services be undertaken by the Contractor no later than May 10, 2023. Time is of the essence to this Contract. C. ACCESS AND SECURITY The Board will permit the Contractor to have free access to the Aquatic Center. Such free access will be maintained for the term of this Contract, unless and until this Contract is otherwise terminated or the Board, for any reason and in its sole discretion, revokes access. 44 The Contractor shall be responsible for securing the swimming pool, concession stand, and Aquatic Center at all times, including when not in operation, so that there is no unauthorized access to such facilities. This includes, but is not limited to, keeping all doors, gates, and locks to, in, and around these facilities locked at all times and securing keys to the same. D. KEYS Upon signing this Contract, the Board shall provide the Contractor two (2) sets of keys to open any and all locks required to operate the Aquatic Center. One (1) set will be kept in the lock box at the Aquatic Center. The other set will be kept by the Contractor. The Contractor is responsible for and shall maintain control over both sets of keys at all times. Keys shall not be out of the Contractor’s control and shall not be loaned to anyone. No copies of the keys shall be made without the prior written authorization of the Board or its authorized representative. All keys shall be returned to the Board upon demand or termination of this Contract. Any lost key(s) shall be immediately reported to the Director of Operations. Lost keys will require re-keying of the Aquatic Center locks. All charges for re-keying shall be the sole responsibility of the Contractor. If the Board incurs any cost for re-keying , the Contractor shall reimburse the Board for all such costs. E. BOARD OWNERSHIP/ENTRY AND INSPECTION The Board is and shall at all times remain the owner of the Aquatic Center, including the swimming pool, concession stand, and all associated buildings, fixtures, furnishings, furniture, and equipment. The Contractor shall not sell, let, lease, or rent (except the daily rental of poolside shelters) or place or allow liens to be placed against any of the foregoing or attempt to do any of the same. At all times, announced or unannounced, the Board and/or its designee(s) shall have the right to freely enter upon and inspect the Aquatic Center, including the swimming pool, concession stand, and all associated buildings, fixtures, furnishing, furniture, and equipment. 45 F. UTILITIES The Board shall furnish to the Aquatic Center, without cost to the Contractor, the following items, services, and/or utilities: • Water • Electricity • Natural Gas • Garbage Collection Services • Telephone The Board shall provide an operational telephone and telephone service accessible to Contractor’s lifeguards at the swimming pool. This telephone shall only be used for calls related to operation of the swimming pool and concession stand. Except in the case of emergency, such telephone shall not be made available for use by the public. Consistent with DGHD regulations, and for the safety of Aquatic Center patrons, the swimming pool will only be open and/or in-use when the swimming pool telephone is operational. G. FURNISHED ITEMS The Board shall furnish the Aquatic Center, without cost to the Contractor, the following items: • Backboard with appropriate securing material (3 straps/head immobilizer) • Lifeguard stands with umbrellas for each • Shepherds crook • Fiberglass reach pole • First aid kit meeting OSHA stands • AED (at Swimming Pool and/or accessible in Community Room) • Blood-born pathogens kit • Safety goggles and rubber gloves • Fire extinguishers • Computer(s) for season pass holder identification. H. OPENING THE SWIMMING POOL – BEGINNING OF THE SEASON In opening the swimming pool at the beginning of the season, the Contractor agrees to make the swimming pool “ready to swim” by completing the following services: 46 • Participate in pre-license inspection by the DGHD prior to opening. • Reconnect plumbing lines, close drains, and assemble items dismantled for winterization • Drain the swimming pool, pressure wash swimming pool surfaces and deck area, clean stainless steel, tile, slide, and children’s water feature (play structure). • Fill swimming pool, balance water, start filtration and chemical system. • Vacuum swimming pool as needed. • Clean swimming pool enclosure area. • Pressure wash and scrub deck and swimming pool furniture. • Inspect chemical feeders. • Inspect all filtration equipment. • Inspect flow meters, pressure gauges, and valves. • Mount diving boards, guard chairs, and ladders. • Clean and wax slides. • Steam clean bathhouse/restrooms. • Inspect and re-supply water testing supplies. • Install and inspect underwater lights. • Order, store and inject into the swimming pool water all necessary chemicals to establish proper levels in compliance with all existing federal, state and/or local laws, requirements, rules and regulations, including but not limited to those set forth within the Ohio Revised Code and/or Ohio Administrative Code. It is estimated that maintaining the following chemical levels within the swimming pool water while the swimming pool is open and in-use to swimmers, these being within the tolerances of the American Public Health Association and the DGHD, will meet such requirements: o FREE CHLORINE 1.0 TO 3.0 PPM o TOTAL ALKALINITY 80 TO 120 PPM o PH 7.2 TO 7.8 o CALCIUM HARDNESS 150 TO 330 PPM • Test boiler. • Thoroughly clean concession stand, order, store and inventory all necessary food, beverage, food service and other supplies. • Verify that all concession equipment is in good operating condition. • Perform pre-opening inventory for pool area contents and supplies. 47 Contractor’s designated pool manager shall meet with the Director of Operations or his/her designee prior to opening day to develop a list of items needed for operation of the swimming pool and concession stand and to review items identified by the DGHD as deficient. The Contractor shall stand ready, at the Board of its designee’s request, to perform repairs needed for compliance with DGHD regulations. The cost for any non-minor repairs shall be additional to the price of this contract. I. AQUATIC CENTER OPERATION The Contractor has responsibility and shall provide for the safe, secure, and proper operation of the swimming pool and concession stand in compliance with all federal, state, and local laws, requirements, rules and/or regulations, including but not limited to those set forth by the Ohio Revised Code and/or Ohio Administrative Code. The Contractor understands and agrees that the Board is relying upon the technical expertise of the Contractor to provide legally compliant services and personnel. The Contractor shall furnish competent, qualified, professional, and properly credentialed/certified/licensed managers, staff, lifeguards, and other personnel as required to operate and manage the swimming pool and concession stand on the following schedule: SEASON AND DATES / HOURS OF OPERATION: SEASON The Aquatic Center, including the swimming pool and concession stand, shall be open each year according to the following schedule, each season (‘Season”): 2023: May 25, 2023 to September 4, 2023 2024: May 28, 2024 to September 2, 2024 2025: May 24, 2025 to September 1, 2025 STANDARD HOURS OF OPERATION On non-holidays during the season, the Aquatic Center, including the swimming pool and concession stand, shall be open during the following hours: 48 Monday 11 am to 8:00 pm Tuesday 11 am to 8:00 pm Wednesday 11 am to 8:00 pm Thursday 11 am to 8:00 pm Friday 11 am to 8:00 pm Saturday 11 am to 8:00 pm Sunday 11 am to 8:00 pm NIGHT SWIM HOURS OF OPERATION The Aquatic Center, including the swimming pool and concession stand, shall be open 11 am to 10:30 pm on the swim night listed below: 2023 Night Swim Dates: 6/9, 7/21, 8/11 2024 Night Swim Dates: TBD 2025 Night Swim Dates: TBD Additional dates may be added for special events as determined by the Township. ADULT SWIM (REST PERIOD): 49 Once every one (1) hour when the swimming pool is open and in-use the Contractor shall make the swimming pool available for adults only (patrons age 18 and older) for a period of ten (10) minutes. POOL RULES: The Board has established rules for use of the swimming pool and related facilities to be obeyed by all patrons. These rules have been clearly posted by the Board or its designee at several public locations and around the Aquatic center and near the swimming pool conspicuous to users of the swimming pool. These posted rules shall remain in place and are not to be defaced. If the Contractor notices that the rules are missing from any posted location and/or have been defaced, the Contractor shall immediately contact the Director of Operations to obtain a replacement copy of the rules, which Contractor shall then post in the same location as where the missing or defaced rules were located. Upon signing this Contract, the Board or its designee shall provide the Contractor with a set of the posted swimming pool rules. The Contactor is responsible for reading, knowing, and enforcing these rules. The failure of the Board or its designee to post the rules or provide the Contractor with a copy of the rules is no excuse of the Contactor not to know and enforce the rules. NO ALTERATIONS No alterations or additions of any type, nature, or character shall be made to the Aquatic Center premises, including the swimming pool and concession stand, by the Contractor without obtaining the prior written consent of the Director of Operations. PARKING All of the Contractor’s employees and any subcontractors shall park away from the main entrances to the Aquatic Center while working at the Aquatic Center. VACATION OF PREMISES All of the Contractor’s employees shall leave the Aquatic Center each day immediately following Aquatic Center closing and the prompt completion of their duties. DAILY REPORTING SHEETS The Contractor shall provide complete daily reporting sheets regarding the operation of the Aquatic Center, including the swimming pool and concession stand, 50 to the Director of Operations. Such reports shall be on forms developed together by the Director of Operations and the Contractor. The reports shall include information to include daily attendance figures, daily weather reports, daily incident reports, complaint reports, and any other information deemed necessary by the Director of Operations. SEVERE WEATHER AND/OR SWIMMING POOL BREAKDOWN: At all times when the swimming pool and/or concession stand are open and/or in- use, the Contractor shall monitor weather and other conditions that effect the safe and secure operation of the swimming pool and concession stand, if in the Contractor’s reasonable belief, conditions necessitate or require suspension or closure because of a threat to the safety or welfare of patrons and/or swimmers as result of inclement weather, such as thunder, lighting, heavy rain or wind, or hazardous weather advisories, contamination or any other unforeseen circumstance such as equipment failure or breakdown that may require closure. Contractor personnel will reasonably attempt to contact the Director of Operations if it is necessary to close the swimming pool and/or concession stand. J. SEASON AND DAILY PASSES AND POOLSIDE SHELTER RENTAL Patrons will need either a season pass or daily pass to enter the Aquatic Center. The Contractor shall be responsible for issuing these passes at the Aquatic Center patron entrance and verify that all patrons have a valid pass (season or daily) to enter the Aquatic Center. The Aquatic Center also has poolside shelters available for daily rental by patrons. The Contractor shall be responsible for the rental of these shelters. SEASON PASSES: Season passes are annual passes that involve the payment of a fee for unlimited entrance to the Aquatic Center for Orange Township residents for that year’s swimming pool season. Season passes will be in the form of keychain ID-type FOB. The Board shall supply the Contractor with those FOB’s. Two (2) to three (3) weeks in advance of the day the swimming pool is open for the season, the Contractor shall hold at lease three (3) six (6) hour long season pass registration events at the Aquatic Center. Days and hours for these events are to be preapproved by the Director of Operations. All patrons purchasing a season pass shall be given a receipt, if desired by the purchaser. Residents who live within Orange Township are eligible to purchase a season pass.