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2015-44 Agreement for Pool Operations ManagementRESOLUTION 2015 -44 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING AN INDEPENDENT CONTRACTOR AGREEMENT WITH RICHARD E. CAVANAH, INC. FOR MANAGEMENT OF COUNTRY CLUB POOL OPERATIONS AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE THE AGREEMENT ON BEHALF OF THE VILLAGE; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Village Administration is proposing the execution of an Independent Contractor Agreement with Richard E. Cavanah, Inc. ( "Cavanah ") for management of the Country Club pool operations retroactive to June 1, 2015 through August 31, 2015; and WHEREAS, under the terms of the Agreement, the Village shall pay Cavanah the sum of $4,173.50 per month for the overall management of the Country Club pool; and WHEREAS, the Village Council determines that the adoption of this Resolution is in the interests of the public health, safety and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, as follows: Section 1. The foregoing recitals are ratified and are incorporated herein. Section 2. The Village Council approves an Independent Contract Agreement with Richard E. Cavanah, Inc. for the management of Country Club pool operations, a copy of which is attached hereto and incorporated herein, at a total cost of $12,520.50 over the three month term of the Agreement, with funds expended from Account No. A8051 -33491 (Pool — Contractual Services). Section 3. All resolutions or parts of resolution in conflict with this Resolution are hereby repealed to the extent of such conflict. Section 4. This Resolution shall be effective immediately upon adoption. PASSED AND ADOPTED THIS 11TH DAY OF JUNE, 2015. (Village Seal) ATTEST: VILLA E CLERK INDEPENDENT CONTRACTOR AGREEMENT THIS AGREEMENT is made this ) day of June, 2015, by and between the Village of North Palm Beach, Florida, a Florida municipal corporation (hereinafter referred to as VILLAGE) and Richard E. Cavanah, Inc., a Florida corporation (hereinafter referred to as CONTRACTOR), whose mailing address is 100 Fathom Road, North Palm Beach, FL 33408. WHEREAS, the Village wishes to retain the services of CONTRACTOR to manage all Country Club pool operations for a three month period and to train Village employees in both the management of pool operations and the oversight of facilities maintenance to effectuate a transfer of such functions to Village employees at the conclusion of the Agreement; and WHEREAS, CONTRACTOR represents it is capable and prepared to provide such services. NOW, THEREFORE, in consideration of the promises contained herein, the sufficiency of which is hereby acknowledged by both parties, the VILLAGE and CONTRACTOR agree as follows: 1. EFFECTIVE DATE AND TERM The effective date of this Agreement shall be retroactive to June 1, 2015, and this Agreement shall terminate on August 31, 2015, unless otherwise extended by written amendment, or earlier terminated as provided herein. 2. SERVICES TO BE PERFORMED BY CONTRACTOR A. CONTRACTOR shall manage all Country Club Pool operations. Such management includes, but is not limited to on -site supervision of the VILLAGE and CONTRACTOR's employees assigned to the pool during operating hours, appropriate training of Village employees assigned to the pool, oversight of appropriate facilities maintenance to ensure compliance with all applicable health, safety and other standards, budgeting, marketing, promotion, and scheduling of special events and regular activities, and other projects as assigned. B. During the term of this Agreement, CONTRACTOR shall train VILLAGE employees in the management of pool operations and the oversight of facilities maintenance to ensure a smooth transfer of such operations to the VILLAGE at the conclusion of the Agreement. C. CONTRACTOR shall oversee and manage the closing of the Swim Shop and remove all inventory on or before August 1, 2015. D. CONTRACTOR shall spend a minimum of 40 hours per week performing such services on -site, exclusive of any training or coaching directly provided by Richard Cavanah. CONTRACTOR shall ensure the Country Club Pool is open to Village residents and guests in accordance with the following schedule: Page 1 of 11 Monday through Thursday Friday Saturday Sunday Pool Hours 10:00 a.m. to 6:00 p.m. 10:00 a.m. to 10:00 p.m. 10:00 a.m. to 8:00 p.m. 12:00 p.m. to 6:00 p.m. Nothing herein shall prevent the parties from agreeing in writing to a limited pool closure for maintenance, emergencies, safety concerns, or other mutually agreeable reasons. E. All programming and scheduling shall be subject to final approval by the Parks and Recreation Department. F. In addition to the foregoing, the parties agree that the Scope of Services, attached hereto as Exhibit A, are specific responsibilities CONTRACTOR must ensure are accomplished to adequately perform the general duties outlined above. 3. COMPENSATION A. As compensation for providing the services enumerated herein, the VILLAGE shall pay CONTRACTOR a flat rate of $4,173.50 per month for the contract term, payable in equal installments within thirty (30) days' of the VILLAGE's receipt of an invoice from CONTRACTOR. B. The VILLAGE shall retain one hundred percent (100 %) of all daily fees, memberships and pool rental fees, including, but not limited to, college and high school team rentals, scuba rentals, private party rentals, tiki but rentals and summer camp rental fees. C. For compensation payable by the VILLAGE pursuant to Section 3.A above, CONTRACTOR shall submit a detailed invoice on a monthly basis, to the attention of the Village Finance Department. Accordingly, invoices shall be submitted no later than the 5t' of each month and shall cover the prior month's services and accounting of fees. Additionally, each invoice shall indicate CONTRACTOR's tax identification number. D. The Village shall remit payment for each invoice within thirty (30) calendar days of receipt thereof. However, in no event shall payment be made prior to receipt of an invoice. 4. INSURANCE. During the performance of the Services under this Agreement, CONTRACTOR shall maintain the following insurance policies written by an insurance company authorized to do business in Florida: A. General Liability Insurance with each occurrence limits of not less than Five hundred Thousand Dollars ($500,000), personal injury and general aggregate of not less than Page 2 of 11 One Million Dollars ($1,000,000). All policies must include sexual and physical abuse liability coverage. B. Workers' Compensation Insurance in accordance with statutory requirements and Employer's Liability Insurance with limits of not less than One Hundred Thousand Dollars ($100,000) for each accident, not less than One Hundred Thousand Dollars ($100,000) for each disease, and not less than Five Hundred Thousand Dollars ($500,000) aggregate. C. Hired and Non -Hired Vehicles with limits of not less than less than Five Hundred Thousand ($500,000) per incident. D. Deductible amounts shall not exceed five percent (5 %) of the total amount of required insurance in each category. Should any policy contain any unusual exclusion, said exclusions shall be so indicated on the certificate(s) of insurance. E. CONTRACTOR shall furnish the VILLAGE certificates of insurance which shall include a provision that policy cancellation, non - renewal, or reduction of coverage will not be effective until at least thirty (30) days written notice has been made to the VILLAGE. CONTRACTOR shall include the VILLAGE as an additional insured on the General Liability Insurance policy and the Automobile policy required by this Agreement. The above insurance requirements may be waived by the Village Manager, in his or her sole discretion. F. CONTRACTOR shall not commence work under this Agreement until all insurance required as stated herein has been obtained, and such insurance has been approved, or waived by Village Manager. 5. STANDARD OF CARE CONTRACTOR shall exercise the same degree of care, skill, and diligence in the performance of the Services as is ordinarily provided by a comparable professional under similar circumstances. CONTRACTOR warrants that all services shall be performed by skilled and competent personnel to the highest professional standards in the field. 6. INDEMNIFICATION A. To the fullest extent permitted by applicable laws and regulations, the CONTRACTOR shall indemnify and save harmless and defend the VILLAGE, its officials, agents, servants, and employees from and against any and all claims, liability, losses, and /or causes of action arising out of or in any way related to the services furnished by the CONTRACTOR pursuant to this Contract, including, but not limited to, those caused by or arising out of any act, omission, negligence or default of the CONTRACTOR and /or its subcontractors, agents, servants or employees. B. The CONTRACTOR shall not be required to indemnify the VILLAGE, its officials, agents, servants and employees when the occurrence results solely from the wrongful acts or omissions of the VILLAGE, its officials, agents, servants and employees. The terms of Page 3 of 11 this Section shall survive completion of all services, obligations and duties provided for in this Contract as well as the termination of this Agreement for any reason. C. Nothing contained in this Contract shall create a contractual relationship with or a cause of action in favor of a third party against either the VILLAGE or the CONTRACTOR, nor shall this Contract be construed a waiver of sovereign immunity beyond the waiver provided in § 768.28, Florida Statutes. 7. INDEPENDENT CONTRACTOR CONTRACTOR undertakes performance of the Services as an independent contractor and shall be wholly responsible for the methods of performance. 8. COMPLIANCE WITH LAWS In performance of the services, CONTRACTOR will comply with applicable regulatory requirements, including all federal, state, special district, and local laws, rules, regulations, orders, codes, ordinances, criteria, guidelines, directives and standards. The CONTRACTOR shall use standard and reasonably prudent practices in performing its services and work under this Agreement. 9. SUBCONTRACTS VILLAGE reserves the right to accept the use of a subcontractor or to reject the selection of a particular subcontractor. If a subcontractor fails to perform or make progress as required by this Agreement and it is necessary to replace the subcontractor to complete the work in a timely fashion, CONTRACTOR shall promptly do so, subject to acceptance of the new subcontractor by VILLAGE. 10. FEDERAL AND STATE TAXES The VILLAGE is exempt from Federal Tax and State Sales and Use Taxes. CONTRACTOR shall not be exempted from paying sales tax to its suppliers for materials to fulfill contractual obligations with VILLAGE. 11. AVAILABILITY OF FUNDS The obligations of the VILLAGE under this Agreement are subject to the availability of funds lawfully appropriated for its purpose by the Council of VILLAGE. 12. VILLAGE'S RESPONSIBILITIES The VILLAGE shall be responsible for providing existing information required by CONTRACTOR, including existing pool management, policies and procedures, other information as relevant to pool management, and any other information reasonably requested by Page 4 of 11 CONTRACTOR, and other required data that are available in the files of the VILLAGE that CONTRACTOR reasonably needs in order to accomplish the work herein. 13. CONTRACTOR'S STAFFING RESPONSIBILITIES CONTRACTOR shall staff sufficient personnel, whether employees or independent contractors, to ensure the safe and efficient management of the pool and provision of appropriate coaching, training and class -type activities. CONTRACTOR agrees all such personnel, whether employees or independent contractors of CONTRACTOR, shall submit sufficient information to the VILLAGE's Human Resources Department to conduct appropriate criminal background screening. CONTRACTOR shall reimburse the VILLAGE for all such costs associated with obtaining the criminal background screening for all such personnel retained or employed by CONTRACTOR. 14. COUNTRY CLUB POOL MEMBERSHIP CONTRACTOR shall ensure that all patrons of the Country Club Pool maintain the appropriate membership or have submitted all required fees. Additionally, CONTRACTOR shall ensure that all swim team members maintain active membership at the Country Club Pool. 15. TERMINATION OF AGREEMENT A. Termination without cause. This Agreement may be terminated by CONTRACTOR without cause upon sixty (60) days' prior written notice to the VILLAGE. It may also be terminated by the VILLAGE without cause, upon thirty (30) days' written notice to CONTRACTOR. B. Termination with Cause. The VILLAGE may terminate this Agreement with cause immediately. "With cause" is defined as: 1. Material breach of the Agreement by CONTRACTOR; 2. Inappropriate behavior of any of CONTRACTOR's personnel, whether classified by CONTRACTOR as employees or independent contractors, while on duty including, but not limited to, harassment of other employees or customers, violent behavior, or threatening behavior; 3. Conviction of a crime of any of CONTRACTOR's personnel, whether classified by CONTRACTOR as employees or independent contractors, which includes having been found guilty of, regardless of adjudication, or having entered a plea of nolo contendere or guilty, to any offense prohibited under any provision of the Florida Statutes or under any similar statute of another jurisdiction relating to dishonesty, violence, moral turpitude or other offenses that casts disrepute on the Village; 4. Death of key personnel, including Richard E. Cavanah; Page 5 of 11 The VILLAGE's rejection of key personnel changes proposed by CONTRACTOR; and, 6. CONTRACTOR's failure to properly subject its personnel to the required criminal background screening through the VILLAGE's Human Resources Department. C. Effect of Termination. CONTRACTOR shall be paid for Services rendered to VILLAGE'S satisfaction through the date of termination. After receipt of a Termination Notice, and except as otherwise directed by VILLAGE, CONTRACTOR shall: 1. Stop work on the date and to the extent specified. 2. Terminate and settle all orders and subcontracts relating to the performance of the terminated work. 3. Transfer all work in process, completed work, and other material related to the terminated work to VILLAGE. 4. Continue and complete all parts of the work that have not been terminated. 16. UNCONTROLLABLE FORCES A. Neither VILLAGE nor CONTRACTOR shall be considered to be in default of this Agreement if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the nonperforming party could not avoid. The term "Uncontrollable Forces" shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Agreement and which is beyond the reasonable control of the nonperforming party. It includes, but is not limited to, fire, flood, earthquake, storm, lightning, epidemic, war, riot, civil disturbance, sabotage, and governmental action. B. Neither party shall, however, be excused from performance if nonperformance is due to forces which are preventable, removable, or remediable, and which the nonperforming party could have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The nonperforming party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Agreement. 17. GOVERNING LAW AND VENUE The laws of the State of Florida shall govern this Agreement. Any and all legal action necessary to enforce this Agreement will be held in Palm Beach County, and the Agreement will be interpreted according to the laws of Florida. Page 6 of 11 18. NON - DISCRIMINATION CONTRACTOR warrants and represents that all of its employees, if any, are treated equally during employment without regard to race, color, religion, gender, age, or national origin, disability, or any other category protected by law. 19. WAIVER A waiver by either VILLAGE or CONTRACTOR of any breach of this Agreement shall not be binding upon the waiving party unless such waiver is in writing. In the event of a written waiver, such a waiver shall not affect the waiving party's rights with respect to any other or further breach. The making or acceptance of a payment by either party with knowledge of the existence of a default or breach shall not operate or be construed to operate as a waiver of any subsequent default or breach. 20. SEVERABILITY The invalidity, illegality, or unenforceability of any provision of this Agreement, or the occurrence of any event rendering any portion or provision of this Agreement void, shall in no way affect the validity or enforceability of any other portion or provision of the Agreement. Any void provision shall be deemed severed from the Agreement, and the balance of the Agreement shall be construed and enforced as if the Agreement did not contain the particular portion or provision held to be void. The parties further agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 21. ENTIRETY OF AGREEMENT The VILLAGE and CONTRACTOR agree that this Agreement sets forth the entire agreement between the parties, and that there are no promises or understandings other than those stated herein. This Agreement supersedes all prior agreements, contracts, proposals, representations, negotiations, letters, or other communications between the VILLAGE and CONTRACTOR pertaining to the Services, whether written or oral. 22. MODIFICATION None of the provisions, terms, or conditions contained in this Agreement may be added to, modified, superseded, or otherwise altered, except by written instrument executed by the parties hereto. 23. SUCCESSORS AND ASSIGNS The VILLAGE and CONTRACTOR each binds itself and its partners, successors, assigns, and legal representatives to the other party to this Agreement and to its partners, successors, executors, administrators, assigns, and legal representatives. CONTRACTOR shall Page 7 of 11 not assign this Agreement without the express written approval of the VILLAGE via executed amendment. 24. CONTINGENT FEES CONTRACTOR warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for CONTRACTOR, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for CONTRACTOR, any fee, commission, percentage, gift, or any other consideration contingent upon or resulting from the award or making of this Agreement. 25. OWNERSHIP OF DOCUMENTS Any and all documents, records, disks, program design, class curriculum, or other information created during the term of this Agreement shall become the property of VILLAGE for its use and/or distribution as may be deemed appropriate by VILLAGE. 26. ACCESS AND AUDITS CONTRACTOR shall maintain adequate records to justify all charges and costs incurred in performing the Services for at least three (3) years after completion of this Agreement. VILLAGE shall have access to such books, records, and documents as required in this Article for the purpose of inspection or audit during normal working business hours at CONTRACTOR'S place of business. 27. NOTICE A. Any notice, demand, communication, or request required or permitted hereunder shall be in writing and delivered in person or sent by certified mail, postage prepaid as follows: As To VILLAGE: As To CONTRACTOR: Village of North Palm Beach Richard Cavanah 501 US Highway One 100 Fathom Road North Palm Beach, Florida 33408 North Palm Beach, FL 33408 Attention: Village Manager B. Notices shall be effective when received at the addresses as specified above. Changes in the respective addresses to which such notice is to be directed may be made from time to time by either party by written notice to the other party. Facsimile transmission is acceptable notice effective when received; however, facsimile transmissions received (i.e., printed) after 5:00 p.m. or on weekends or holidays will be deemed received on the next business day. The original of the notice must additionally be mailed as required herein. Page 8 of 11 28. CONTRACT ADMINISTRATION Services of CONTRACTOR shall be under the general direction of the Village Manager or designee, who shall act as the VILLAGE'S representative during the term of the Agreement. 29 KEY PERSONNEL CONTRACTOR shall notify the VILLAGE in the event of key personnel changes which might affect this Agreement. Notification shall be made within ten (10) days of said changes. The VILLAGE has the right to reject proposed changes in key personnel. The following personnel shall be considered key personnel: Richard Cavanah. 30. CONFIDENTIALITY No reports, information, computer programs, documentation, and/or data given to or prepared or assembled by CONTRACTOR under this Agreement shall be made available to any individual or organization by CONTRACTOR without prior written approval of the VILLAGE. The parties hereto however, recognize that this Agreement and documents created in the performance of Services hereunder are subject to Florida's Public Records Laws. 31. CONFLICT OF INTEREST A. CONTRACTOR represents that it will not provide any services to anyone else which will either directly or indirectly conflict in any manner with the performance of the Services under this Agreement. Any actual or potential conflict between existing clients and responsibilities under this Agreement shall be immediately brought to the attention of the VILLAGE in writing. B. CONTRACTOR shall promptly notify the VILLAGE in writing of all potential or actual conflicts of interest for any prospective business association, interest, or other circumstance which may influence or appear to influence CONTRACTOR'S judgment or quality of the Services. The notice shall identify the prospective business association, interest, or circumstance and the nature of work that CONTRACTOR wants to undertake and request VILLAGE'S response as to whether the association, interest, or circumstance would, in the opinion of VILLAGE, constitute a conflict of interest if entered into by CONTRACTOR. VILLAGE agrees to notify CONTRACTOR of its opinion within thirty (30) days of receipt of notification by CONTRACTOR. If, in the opinion of VILLAGE, the prospective business association, interest, or circumstance would not constitute a conflict of interest by CONTRACTOR, VILLAGE shall so state in its response, and the association, interest, or circumstance shall not be deemed to be a conflict of interest with respect to the Services. 32. INSPECTOR GENERAL CONTRACTOR is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this Contract, and in furtherance thereof, may demand and obtain records and testimony from Page 9 of 11 CONTRACTOR and its subcontractors. CONTRACTOR understands and agrees that in addition to all other remedies and consequences provided by law, the failure of CONTRACTOR or its subcontractors to fully cooperate with the Inspector General when requested may be deemed by the VILLAGE to be a material breach of the Agreement justifying termination. 33. PUBLIC RECORDS In performing services pursuant to this Agreement, CONTRACTOR shall comply with all relevant provisions of Chapter 119, Florida Statutes. As required by Section 119.0701, Florida Statutes, CONTRACTOR shall: A. Keep and maintain public records that ordinarily and necessarily would be required by the VILLAGE in order to perform the service. B. Provide the public with access to public records on the same terms and conditions that the VILLAGE would provide the records and at a cost that does not exceed the cost provided in this chapter 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 VILLAGE all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the VILLAGE in a format that is compatible with the information technology systems of the VILLAGE. IN WITNESS WHEREOF, VILLAGE and CONTRACTOR have executed this Agreement as of the day and year first above written. (VILLAGE SEAL) ATTEST:: By: i ?G' VILLAGE CLERK VILLAGE: Page 10 of I I ,a APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: VILLAGE ATTORNEY Witnesses: CAVANAH: RICHARD E. CAVANAH, INC., a Florida corporation f By: Pri Name: Title: PR £517PrK 7— Page l l of 11 Exhibit "A" Scope of Services The primary services contemplated by the Agreement is overall management of the Country Club Pool. Management of the Country Club Pool includes supervision and training of pool employees or contractors and directing the work of up to 20 part-time Lifeguards and various Aquatic Professionals. Management of the Country Club Pool also includes management of the operation, maintenance and supervision of the pool facilities and surrounding grounds. Management of the Country Club Pool further requires demonstrated efforts to increase pool patronage through oversight of maintenance of pool facilities, and planning, organizing, supervising and implementing programs, activities and special events. ESSENTIAL SERVICES: The omission of specific statements of certain responsibilities does not exclude them from the classification if the work is similar, related or a logical assignment for this classification. Other duties may be required and assigned. Manages the Country Club Pool and ensures the operations run effectively and efficiently. Ensures the Country Club Pool is open to Village residents and guests in accordance with the schedule set forth Section 2.1) of the Agreement, excluding any mutually agreed upon dates. Set and adjust pay and work hours, maintain production records relating to patronage and participation in Pool and swimming programs, appraise employee productivity and efficiency, discipline employees, manage employee complaints, conduct staff meetings, complete performance appraisals, and plan and apportion work among employees. Hire and fire employees, subject to the Village's policies, code, and Department and Village Manger approval. Determine the most effective techniques, materials, supplies, machinery, equipment or tools to be used in the operation of the Country Club Pool. Provide supervision and technical assistance in the overall administration, technical operation and maintenance of the Country Club Pool, including oversight of the maintenance of the pumps, motors, chlorinators and other standard pool equipment. Provide training the Village employees and personnel regarding the overall administration, technical operation and maintenance of the Country Club Pool to effectuate a transfer of such functions to the Village at the conclusion of the Agreement. Provides on -site supervision of employees and facilities, and is available to Village staff, customers and vendors a minimum of 40 hours per week. When the Country Club Pool is open to Village residents and guests as set forth in Section 2.1) of the Agreement, Richard Cavanah will direct a minimum of 90% of his personal attention to management and will not engage in Page 1 of 2 personal instruction or coaching of various programs or classes that exceed 10% of the hours during which the Country Club pool is open in any given week. Supervise all contractual swim instructors and coaches. Responsible for ensuring on -going positive customer communications and improving customer services. Ensure appropriate responses to customer questions and requests are timely made by the appropriate individual. Manage the overall closing of the Swim Pro Shop. Ensures supervision and enforcement of pool rules, regulations, and related HRS Health Department Codes and ordinances for the safety and convenience of the public through proper staffing and training of subordinates. Organizes and oversees various swimming activities and programs including, but not limited to, group and private lessons, swim clinics, general recreation and public swimming, classes, and special events. Village retains the right offer special events and schedule staff as needed. Prepares, in a timely manner, all communications, memos, letters, invitations, e-mail, usage /revenue reports; documents safety issues; work orders; reports on program activities and accomplishments; proclamations of events and media releases. Ensures appropriate documentation of Pool - generated revenue in compliance with Village processes and systems (Rec Trac) through appropriate selection and training of subordinate staff. ADDITIONAL FUNCTIONS: Assist in determining and publishing hours of operations, and fees and prices for activities, goods and services. Requisitions operating supplies and equipment. Records and deposits money collected. Performs or supervises relevant record keeping and reporting duties. REQUIRED LICENSES AND QUALIFICATIONS: Employees of Contractor must possess and maintain current valid American Red Cross Coach Safety Training Certificate, current Lifeguard Training, CPR/First Aid Certificates, and Certified Pool Operator or equivalent certification in the operation of pools as applicable to the position held. Certifications not held as of the effective date of the Agreement must be obtained within three months of the effective date. Page 2 of 2