2013 POOL MANAGEMENT PROPOSAL SUMMARY PAGE. Neighborhood: Bidding Company:

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1 2013 POOL MANAGEMENT PROPOSAL SUMMARY PAGE Neighborhood: Bidding Company: Yearly Maintenance Charge: Hourly rate for lifeguard services: Hourly rate for gate monitoring services: Hourly rate for pool repair services: Percentage markup on pumps and parts: Trip Charge for pool repair services:

2 2013 Swimming Pool Management Agreement Neighborhood Association This Agreement between (the Company) and (the Customer) is to provide for the operation and management by the Company of the Customer s pool(s) located in County in the State of, in accordance with the specifications, conditions, and terms set forth herein. 1. EFFECTIVE DATE: this Agreement, when executed by both parties, shall be in effect from January 1, 2013 through December 31, Pool shall be permitted, open, and swim ready no later than May 1, 2013 and continuing through September 30, Lifeguards (if applicable) shall be on duty beginning with the Saturday of the Memorial Day weekend, and continuing through Labor Day. Lifeguard hours and pool operating schedule shall be determined by the Customer s Board of Directors (or its designee) and shall be provided to the Company prior to May 1, 2013 (Lifeguard Schedule). 2. ACCESS: The Customer will provide three sets of keys and access to the pool site no later than January 1, The Company shall keep and safeguard keys and release keys only to authorized personnel. If Customer chooses to change locks at the pool during the term of this contract, three new sets of keys shall be provided to Company. 3. UTILITIES: Customer agrees to furnish with no cost to the Company, all of the following: Water Electricity 110 volt outlet in the pump room Receptacles for trash Garbage pick-up service First Aid Kit Telephone Pool operating equipment as required (buoys, test kit, feed pumps, etc.) Written copy of the pool rules 4. TELEPHONE: Customer shall be responsible for providing an operational telephone at least thirty (30) days prior to pool opening. The phone shall be readily accessible to Lifeguards and other personnel. According to Health Department regulations, and for safety reasons, the pool will not be open unless the phone is operational. Company will be responsible for testing the phone at least thirty (30) days prior to opening and immediately report any deficiencies to Customer. 5. FIRST AID KIT: Company shall be responsible for supplying a completely stocked First Aid Kit, the cost of which shall be billed to Customer. The Kit shall be in compliance with local Health Department regulations and shall be in place prior to pool opening. Company shall be responsible for maintaining the supplies in the Kit during the pool season. 6. OPENING: Company agrees to complete all services required to make pool swim ready by May 1, 2013, including without limitation, the following where applicable: Provide a pre-opening Pool Status Report including type of equipment, condition of pool, size of pool in gallons, filter type and status, pump type(s) and

3 status, general condition of pool structure, and electrical equipment type and status. Clean pool (bottom must be visible) Clean pool decking Inspect chemical feed pumps Inspect all filtration equipment Inspect flow meters, pressure gauges, and valves Install guard chairs and ladders if applicable Clean bathhouse Inspect water testing supplies Inspect underwater lights if applicable Clean and store pool cover Order, store, and inject all necessary chemicals to establish proper levels to meet all state, County, City, and other applicable requirements Set out and clean pool deck furniture Perform repair work as need and in compliance with section (17) of this contract Inspect all skimmers Inspect vacuum system Inspect return inlets Inspect pump room valve system 7. VANDALISM: The customer agrees to pay reasonable additional charges to the Company for cleanup required as a result of vandalism. This is subject to prior approval by the customer. 8. PERMITS: The Company will apply for and obtain from the local Health Department or other regulatory agency a swimming pool operation permit for each pool at the customer s location prior to May 1, These permits MUST be in the name of the Customer. Company will pay for, in advance, all fees associated with obtaining the permit. Cost of the permit should then be invoiced to the Customer along with a copy of the permit. The Company shall advise and assist the Customer regarding the permit and will make any necessary repairs required to satisfy Health Department requirements. These repairs will be made in accordance with section (17) of this contract. A copy of the permit MUST BE DELIVERED TO CUSTOMER no later than April 30, Failure to deliver a copy of the permit to Customer by April 30 th will result in an immediate suspension of payments from Customer to Company. THE COMPANY WILL NOT BE PAID FOR EACH DAY BEYOND April 30 th THAT THE POOL DOES NOT HAVE A PERMIT. If the Company does not have the necessary permit within fifteen (15) days, the contract may be terminated by the Customer. ALL PERMITS MUST BE IN THE NAME OF THE CUSTOMER. Permits assigned to the wrong party will not be accepted. 9. MINIMUM SAFETY STANDARDS: The Company shall bring the Customer s pool into compliance with all applicable laws, codes, and regulations, including but not limited to, compliance with minimum standards in the following areas: Safety warning signs on pool deck Tile depth marking at water line and on pool deck Safety equipment ring buoy(s), rescue tube(s), Shepherd s hook(s), first aid kit, and rope with buoys GFI circuit breakers for underwater pool lights Payment for work and equipment to bring customer s pool within minimum standards on the above items shall be the responsibility of the Customer.

4 Note: Company shall have the right to cancel this Agreement if Customer elects to not have the pool brought up to minimum standards as defined above. 10. POOL OPERATIONS: Company agrees to furnish certified lifeguards trained in LGT (Lifeguard Training), Community CPR and First Aid, to operate the pool on a schedule as determined by the Customer s Board of Directors. NO CHANGE IN DATES OF OPERATION OR HOURS OF OPERATION CAN BE ACCEPTED UNLESS WRITTEN AUTHORIZATION IS RECEIVED FROM THE BOARD OF DIRECTORS. At any time when there is no lifeguard on duty, the Company shall ensure that access to the waterslide is closed, locked, and secured and that the slide is not in operation and cannot be activated. Lifeguard assignments shall not include a guard that is a resident of the neighborhood where the pool is located (Customer). 11. WARRANTY: Company represents and warrants that it has specific knowledge of all applicable laws, codes, and regulations, whether State, County, Municipality, or otherwise, regarding the pool(s) operation and maintenance, including, without limitations, providing the required number of properly trained lifeguards, and will ensure that its employees, agents, and other parties follow all applicable laws, codes, and regulations. 12. PERSONNEL: All Company personnel who will work at the Customer s pool in fulfilling the terms of this Agreement, including all lifeguards, shall be employed solely by the Company and be employees of the Company. NO LIFEGUARDS SHALL BE ENGAGED BY THE COMPANY AS AN INDEPENDENT CONTRACTOR TO FULFILL THE TERMS OF THIS AGREEMENT. The Company agrees to pay for all Company employees including all lifeguards, wages, income tax withholdings, social security withholdings, State unemployment insurance, Federal unemployment insurance, and Workman s Compensation insurance. The Company will train personnel. Personnel not performing up to the standards of the Customer will be replaced by the Company upon request. Lifeguards employed by the Company shall have a Basic Life Guarding Certificate, a Lifeguard Training Certificate, or the equivalent, as well as community CPR and First Aid. Personnel employed by the Company shall go through the Company s orientation training, onsite training, and a post Memorial Day guard training review. Personnel will be trained in the area of blood borne pathogens and provided a blood borne pathogen exposure control kit. Lifeguards shall have the authority to discipline swimmers and any and all other persons within the pool facility, using their best judgment and sole discretion, consistent with the published and posted rules of the Customer and minimum safety standards as established herein. Certified Pool Operators (CPO) shall train all management personnel on independent mechanical operation of Customer s facility. Company s full time management staff will supervise personnel. Company supervisors shall inspect the Customer s facilities no less that two (2) times each week to check performance of personnel. Company will typically invest substantial resources to train and convey information concerning operational techniques and management procedures to its employees

5 at Customer s facility and Customer acknowledges that such information and investment is a valuable asset of Company s business. Customer agrees NOT to hire or consult (without the prior written consent of the Company) any employee or former employee of the Company for a period of one (1) year from the date or expiration or cancellation of this Agreement. 13. PERSONNEL RESPONSIBILITIES: Company personnel shall be responsible for performing all duties necessary to comply with all applicable laws, codes, and regulations, including, but not limited to, the following: Life guarding all pools, including but not limited to the main pool, wading pool, baby pool, splash pool, and any water slide entry pool. Checking water chemistry and recording readings a minimum of three (3) times per day. Maintaining chemical balance of pool(s) water. Cleaning tiles around pool(s) edge, Back washing filtration system as needed. Cleaning pump system strainer baskets. Cleaning bathhouse daily and inspecting the same on an hourly basis. Cleaning swimming pool(s) area daily. Vacuuming pool(s) a minimum of two (2) times per week or more often if needed to keep the pool(s) clean. Emptying trash receptacles daily and placing trash containers in the proper location for collection on the appropriate day(s). Straightening and cleaning deck furniture. Replenishing janitorial supplies in the bathhouse. Enforcing Customer and Company rules for the safety and convenience of Customer s members. Assisting Customer is collecting guest fees and monitoring membership, keeping in mind that life guarding and safety are always first priority. Maintain mechanical equipment. Report all medical or disciplinary action to the Company who will make reports available to the Customer upon request. Contacting Customer Board members prior to opening for instructions on Customer s rules and regulations. Lock and secure facility upon closing. In cases where members may swim when no lifeguard is on duty, the lifeguard will make sure that proper signage is in place, announce his or her departure, and secure the facility prior to leaving. Demonstration of safety rescue procedures. Report and document all action that may jeopardize the spirit and content of this Agreement. 14. INCLEMENT WEATHER: On days when there is inclement weather for pools that have lifeguards, the Company shall keep one (1) lifeguard on duty throughout the scheduled lifeguard hours. Closing the pool shall be at the discretion of the Customer through contact with the Board of Directors or its designee. 15. WATER QUALITY: At no time shall the water chemistry cause a failure of permission to operate the pool as granted by the State, County, City, or other applicable regulatory body. In the event permission is revoked to operate the pool due to poor water quality, Customer shall be entitled to a partial refund of the contract price set forth herein. If, in the discretion of the Company, it is determined that the water quality is insufficient to properly operate the pool, the Company shall have the right to close the pool for such period of time as shall be necessary to correct the water quality. Any such closing shall also entitle the Customer to a refund. All of the foregoing not withstanding however, the

6 Company shall be excused from maintaining water quality established herein and the Customer shall not be entitled to a refund in the event of any Act of God, interference by Customer or other circumstances beyond the control of the Company make such maintenance impossible. Any work performed by the Company shall be subject to the conditions in section (17) of this Agreement. 16. CHEMICALS AND SUPPLIES: The Company agrees to supply at its own expense all chemicals for safe and clean pool water throughout the term of this contract, all necessary bathhouse supplies, all typical cleaning supplies, and all normal incandescent light bulbs for the bathrooms, pump room, and lifeguard room. (Note The Customer shall be responsible for all other light bulbs.) The Customer shall be responsible for providing all safety and pool cleaning equipment, as well as proper signage, trash receptacles, Water Test Kit and First Aid Kit. Company agrees to keep the First Aid Kit supplied after the initial acquisition. 17. REPAIR WORK: The Company shall stand ready to perform any repair work necessary during the term of this Agreement. However, Customer shall have the option of using another contractor for repair work. Work shall be billed as follows: Company shall perform minor repairs to the pool and filtration system as part of the service provided. However, the Customer shall pay for parts and/or materials. Any repairs required as the result of error on the part of the Company, shall be paid for by the Company at no cost to the Customer. For repair work, items, or parts where the cost does not exceed $100, the Company shall perform the necessary service and invoice the Customer. For any work or equipment for which the cost is going to exceed $100, the Company shall provide a detailed proposal for the necessary repairs or equipment which must be approved in advance by the Association Manager. Once approved by the Manager, the Company shall perform the necessary actions and invoice the Customer. In the event the Customer elects not to have such work performed, the Company may cancel this Agreement if the failure to have such repair work done interferes with the Company s ability to carry out its responsibilities under the terms of this Agreement. The Company will arrange for repair of plumbing or electrical equipment at the Customer s request. The cost of such repairs shall be invoiced to the Customer by the Company, at cost plus 15%. The Company shall advise the Customer of the need for any major repairs. All invoices for repair work must be completely itemized and received within ninety (90) days of the completion of the repair. If any repair work involves draining and refilling of the pool, the Company must refill the pool using a water hydrant and a hydrant meter, or use a water line that does not have sewer charges attached to it. Failure to do so shall result in the Company being billed for the sewer charges through a deduction on the next payment. There shall be no fuel surcharge for trips to do repair work at the pool. 18. INSURANCE/LIABILITY: The Company shall maintain and keep in full force the following coverages: Worker s Compensation insurance covering all persons engaged on behalf of the Company in the performance of the terms of this Agreement. Commercial General Liability insurance in the amount of $5,000,000 for each accident and $5,000,000 for each person. This may be included in the umbrella portion of the policy.

7 Professional Liability insurance on the lifeguards in the amount of $5,000,000. Company agrees to supply copies of certificates of insurance to the Customer verifying the above-mentioned insurance coverage. Company agrees to list Customer on Company s policies as an Additional Insured of the Company s General Liability insurance. A copy of the current policy showing the above limits and listing both the Customer and Neighborhood Management Associates as additional insured must be delivered to Customer or Customer s Agent at the time this Agreement is executed. 19. MISCELLANEOUS: Customer agrees to allow Company to display a sign on the pool premises in a conspicuous place designating the responsibility to the Company for the pool staff. Customer agrees to communicate any comments, suggestions, or complaints concerning the pool, pool staff, or management service directly to the Company Management as well as the Pool Manager. The Company shall not be liable for pool damages caused by hydrostatic lifting. If there is a change in local, state, or federal laws concerning minimum wage, or concerning any other cost aspect relating to this Agreement, the Company may present a new Agreement to Customer with the additional charges. Customer will have thirty (30) days in which to accept or reject the new Agreement. If the Customer doe not accept the new Agreement within the allotted time, the existing Agreement is voidable at the Company s option. 20. PRE/POST WALK THROUGH: The Company shall invite the Customer to join them in a complete inspection of the Customer s facility prior to opening and after the completion of all closing tasks. It shall be the intention of the Company to provide the Customer with a detailed and specific account of the current condition as well as potential short term and long term needs of the pool. Upon inspection, the Company shall provide a written report to the Customer. At the Customer s request, the Company will perform any repairs listed in the report, in accordance with section (17) of this Agreement. 21. CLOSING: Unless the Customer elects otherwise, the pool will be considered closed to swimmers as of October 1, The Company will perform all the following duties as soon after October 1 st as may be feasible, but in no case any later than November 1, Lower water level below skimmers. Drain all lines and fixtures in the bathhouse. Install Customer s pool cover if applicable. Drain all pumps and lint strainers. Back wash and drain filter tanks. Open all valves to appropriate settings. Clean and store Customer s deck furniture. Remove and store skimmer parts. Coven all skimmers with plastic to prevent a build up of rain water. Remove and store all moveable ladders and lifeguard chairs. Clean and store chemical feeders. Drain and store hoses. Lubricate filter system valves and grease motor bearings. Add winterization chemicals to pool to retard algae growth. Prepare pool and pool plumbing lines for freeze protection. Company agrees to use common and accepted winterization techniques, but assumes no

8 responsibility for freeze damage if all the proper procedures are followed. Company will inject anti-freeze in skimmers and related fixtures. Prepare a Closing Inspection Report. Request a walk-through inspection with the Association Manager. 22. WINTER MAINTENANCE: Company shall for the period of this Agreement, maintain pool no less than one (1) time per week during the months of January through April and October through December. Winter maintenance shall include the checking of water quality, equipment, and general upkeep and cleanliness of the facility. The facility is subject to inspection at any time by the Association Manager. 23. PAYMENTS: The Company hereby proposes to perform the work and services as set forth above by this Agreement, for a price of $ per swim year, upon specifications, conditions, and terms as set forth herein. Payments by Customer to Company shall be made in accordance with the following schedule: Two point five (2.5%) percent on or before January 15, 2013 Two point five (2.5%) percent on or before February 15, 2013 Two point five (2.5%) percent on or before March 15, 2013 Two point five (2.5%) percent on or before April 15, 2013 Five (5%) percent on or before May 15, 2013 Twenty-five (25%) percent on or before June 15, 2013 Twenty-five (25%) percent on or before July 15, 2013 Twenty-five )25%) percent on or before August 15, 2013 Two point five (2.5%) percent on or before September 15, 2013 Two point five (2.5%) percent on or before October 15, 2013 Two point five (2.5%) percent on or before November 15, 2013 Two point five (2.5%) percent on or before December 15, 2013 TOTAL 24. CANCELLATION: The Customer shall have the right to cancel this Agreement with cause immediately upon the commission of an egregious act by the Company, and with or without cause upon thirty (30) days written notice to the Company. Upon termination, the Customer shall be entitled to a refund of any monies paid in advance, computed as follows: A daily portion of the contract price shall be computed by dividing the total contract price by the number of days the pool was to be open to members as determined by this Agreement. This daily price shall be multiplied by the number of days the pool was operated under this Agreement. That amount shall be subtracted from the total amount of the contract price paid to Company by Customer as of termination date. The resulting figures shall be the refund to which the Customer is entitled. Refund shall be paid to Customer within fourteen (14) days of termination. 25. CUSTOMER CONTACT: Please direct all Company communications to the following: Neighborhood Management Associates, Inc. P. O. Box (4125 Atlanta Road, Smyrna, GA 30080) Atlanta, GA Phone: GOVERNING LAW: This Agreement shall be governed by the laws of the State of.

9 27. ENTIRE AGREEMENT, MODIFICATION, AND BINDING EFFECT: This Agreement constitutes the entire agreement of the parties and supersedes any prior agreements, understandings, or negotiations, written or oral. This Agreement may not be modified or amended except in writing, executed by both parties hereto. This Agreement shall be binding upon and ensure to the benefit of the Customer and Company and so their respective heirs, successors, and assigns. 28. SEVERABILITY: If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of any such term or provision to persons or circumstances other than those to which it is held invalid or unenforceable, shall not be affected thereby and each term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. 29. NONWAIVER: Customer and Company agree that no failure to exercise and no delay in exercising any right, power, or privilege under this Agreement on the part of either party shall operate as a waiver of any right, power, or privilege under this Agreement. 30. NO DISCRIMINATION: No action shall be taken by the Declarant, the Customer, the Board of Directors, or the Company which would discriminate against any person on the basis of race, creed, color, national origin, religion, sex, familial status, or disability, including, but not limited to, times of Adult Swim and restricting usage of the pool to anyone over the age of thirteen (13) at any time. 31. INDEMNIFICATION: Company hereby covenants and agrees to indemnify and hold harmless the Customer from and against any and all losses, damages, costs, and expenses, including, without limitation, attorney s fees and court costs, that may be incurred or suffered by Customer as a result of any claim, including, without limitation, a claim for negligence being asserted against Customer by any party which arises from, results from, relates directly or indirectly to, or is in any way whatsoever connected with Company s operation and management of the pool and its obligation and duties under this Agreement. For the Company: Signed and dated the day of, 2012 Company: Tax ID#: Printed Name: Title: Signature: Address: City, State, Zip: Cell Phone: Office Phone: For the Customer: Signed and dated the day of, 2012 Neighborhood Association: Signature: Title: