Ord. No. 10-05-1832ORDWANCENO. 10-05-183
WHEREAS, the Mayor and City Commission of the City of South Miami desire to
execute a professional tennis management and operations agreement for tennis services at the
Dante Fascell Tennis Center ( "the Center "); and
WHEREAS, the city charter at Article II, Section 6 (6) requires the lease of any city
property to occur by ordinance; and
WHEREAS, on April 26, 2004, Request for Proposals No. 2004 -0514, for
Comprehensive Professional Tennis Management and Operation Services at the Center
(the RFP) was issued with a due date for submission of proposals of May 14, 2004; and
WHEREAS, on July 20, 2004, the City Commission accepted the recommendations of
the RFP Evaluation Committee and authorized the City Manager to negotiate and enter into
a contract with Montana/McLean Tennis, Inc. (Contractor), as the most qualified proposer
pursuant to the RFP, to manage and operate the Dante Fascell Tennis Center (the Center); and
WHEREAS, the negotiations have successfully concluded with the terms and
conditions stated herein, as the basis of the agreement for the comprehensive professional tennis
management and operations services at the Center.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. Pursuant to Article II, Section 6 (6), the City of South Miami grants to
the Contractor, Montana/McLean Tennis, Inc., the exclusive right to operate and manage
the City's Dante Fascell Tennis Center, in the management agreement attached and
incorporated by reference into this ordinance as exhibit 1.
Section 2. The City Manager is authorized to execute the attached management
agreement.
Section 3. If any section, clause, sentence, or phrase of this ordinance is for any
reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not
affect the validity of the remaining portions of this ordinance.
Pg. 2 of Ord. No. 10 -05 -1832
Section 4. All ordinances or parts of ordinances in conflict with the provisions of this
ordinance are repealed.
Section 5. This ordinance shall be codified and included in the Code of Ordinances.
Section 6. This ordinance shall take effect immediately upon enactment.
PASSED AND ADOPTED this O,A day of April, 2005.
TTEST:
CLE
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CAMy Documents \Word Documents \OrdinanceTennisContract2.doe
2nd Reading — 4/9/05
COMMISSION VOTE:
5 -0
Mayor Russell:
Yea
Vice Mayor Palmer:
Yea
Commissioner Birts- Cooper:
Yea
Commissioner Sherar:
Yea
Commissioner Wiscombe:
Yea
1•
BE
SECTION
TITLE
PAGE
1
TERM
4
2.
CENTER TO BE MANAGED
5
3.
USE(S)
6
3.1
Public Tennis Facility
6
3.2
Prohibited Activities
6
3.3
Pro Shop Sales
7
3.4
Hurricane Evacuation Plan
7
3.5
City Occupational Licenses
7
4.
FINANCIAL REQUIREMENTS
7
4.1
Performance Bond or Alternative Security
7
4.2
Revenue Collection / Payment to City
8
4.3
Sales and Use Tax
9
5.
MAINTENANCE AND EXAMINATION OF RECORDS
9
6.
INSPECTION AND AUDIT
10
7.
TAXES, ASSESSMENTS, AND UTILITIES
10
7.2
Procedure if Ad Valorem Taxes Assessed
11
8.
EMPLOYEES
11
8.1
Principals
11
8.2
Independent Contractors
11
8.3
Instructor Certification
11
8.4
Uniforms, Identification & Character
12
8.5
Background and Drug Screening Requirements
12
9.
HOURS OF OPERATION & COURT USAGE
12
9.1
Hours of Daily Operations
12
9.2
Change in Hours of Operation
12
9.3
Courts Usage
12
10.
FEES, CHARGES, PROGRAMS & RELATED SERVICES
13
10.1
Hourly Fees and Annual Permits
13
10.2
Professional Tennis Instruction Fees
13
10.3
Establishing/ Posting of Fees
13
10.4
Increased Fees Process
14
10.5
Initial Programs Offering
14
10.8
Approval of Printed Materials
14
11.
ALTERATIONS, MAINTENANCE, REPAIRS & SECURITY
14
11.1
Building and Facilities Alterations
14
11.2
Building(s) and Facilities Maintenance
14
11.3
Courts and Related Facilities Maintenance Standards
15
11.4
Latter, Garbage and Debris Removal
15
11.5
Equipment
15
11.6
Orderly Operation
16
11.7
No Dangerous Materials
16
IWM
SECTION
TITLE
11.8
Security
11.9
Inspection
12.
INSURANCE
13.
INDEMNITY
13.4
Subrogation
13.5
Force Majeure
13.6
Labor Dispute
13.7
Waiver of Loss From Hazards
14.
DEFAULT AND TERMINATION
14.1
Bankruptcy
14.2
Default in Payment
14.3
Non - Monetary Default
14.4
City's Remedies for Contractors Default
14.6
Surrender of Center
15.
ASSIGNMENT
16.
SPECIAL EVENTS
16.2
City Special Events
17.
NO IMPROPER USE
18.
NOTICES
19.
LAWS
19.1
Compliance
19.2
Governing Law
19.3
Equal Employment Opportunity
19.4
No Discrimination
20.
MISCELLANEOUS
20.1
No Partnership
20.2
Modifications
20.3
Complete Agreement
20.4
Headings
20.5
Binding Effect
20.6
Clauses
20.7
Severability
20.8
Right of Entry
20.9
Not a Lease
20.10
Signage
20.11
Conflict of Interest
20.12
Reasonableness
20.13
Procedure for Approvals and/or Consents
20.14
No Waiver
20.15
No Third Party Beneficiary
21.
LIMITATION OF LIABILITY
22.
VENUE
SIGNATURE PAGE
EXHIBITS
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18
19
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1.9
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20
20
20
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22
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24
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29 -47
AGREEMENT BETWEEN
CITY OF SOUTH MIAMI, FLORIDA AND MONTANAIMCLEAN TENNIS, INC.
FOR TENNIS MANAGEMENT AND OPERATIONS SERVICES
AT THE CITY'S DANTE FASCELL PARK TENNIS CENTER
r.
hpi,i
THIS AGREEMENT made this J day of A 7�Q3 84 between the CITY OF
SOUTH MIAMI, a municipal corporation of the State of Florida (hereinafter called "City "),
having its principal address at 6130 Sunset Drive Drive, South Miami, Florida, 33143, and
MONTANA/MCLEAN TENNIS, INC., a corporation of the State of Florida, (hereinafter
called "Contractor').
WITNESSETYI
WHEREAS, on April 26, 2004, Request for Proposals No. 2004 -0514, for Comprehensive
Professional Tennis Management and Operation Services at the Dante Fascell Park Tennis Center
(the RFP) was issued with a due date for submission of proposals of May 14, 2004; and
WHEREAS, on July 20, 2004, the City Commission accepted the recommendations of the RFP
Evaluation Committee and authorized the City Manager to enter into negotiations with
CONTRACTOR, as the most qualified proposer pursuant to the RFP, to manage and operate the
Dante Fascell Tennis Center (the Center); and
WHEREAS, the City Manager and the principals of CONTRACTOR have been meeting to
negotiate the terms of this Agreement; and
WHEREAS, these meetings have successfully concluded with the terms and conditions stated
herein, as the basis of the Agreement for the comprehensive professional tennis management and
operations services at the Center.
NOW THEREFORE, in consideration of the sum of $10.00, the mutual promises and covenants
contained in this Agreement, and for other good and valuable consideration, the receipt and legal
sufficiency of which is acknowledged by both parties, the parties agree as follows:
The City hereby grants to the CONTRACTOR, and the CONTRACTOR hereby accepts from the
City, the exclusive right to operate and manage the Center, as defined herein, in conformance with
the purposes and for the period stated here4 and subject to all the terms and conditions herein
contained.
SECTION 1. TERM
1.1 This Agreement shall be for an initial term of three (3) years, commencing on December 1,
2004 (the "Commencement Date "), and ending on November 30, 2007.
1.2 Notwithstanding subsection 1.1 above, the City shall have the option to terminate this
Agreement at the conclusion of the second year, at its convenience and without cause or penalty.
1.3 The City shall have the right, at its sole option and discretion, and provided further that
CONTRACTOR is in good standing under the Agreement to renew this Agreement for two (2)
additional one -year terms. CONTRACTOR shall provide City with written notice of its intent to
be considered for renewal of the Agreement no earlier than ninety (90) but no later than sixty (60)
days prior to the expiration of the initial term, or any exercised option terry as the case may be;
which renewal shall be at the City's discretion.
In the event of any renewal of this Agreement, the City reserves the right to renegotiate any and
all terms contained herein.
2.1 The City has employed the CONTRACTOR to operate, manage and maintain, and
CONTRACTOR agrees to same, the following recreation facility (hereinafter referred to as the
Center):
That certain City-owned recreational facility commonly known as the Dante Fascell
Tennis Center, located at 8600 SW 57 Avenue. The Center's premises included are
further delineated in Exhibit S' (Site Map of Center), attached hereto.
2.2 CONTRACTOR herein accepts the Center in its "as is" condition with all buildings,
improvements and fixtures, and agrees that the City shall have no obligation to improve, repair,
restore, refurbish, or otherwise incur any expense in improving or changing the condition of the
Center at any time during the term of this Agreement, unless as agreed upon by the City.
Prior to the Commencement Date, City and CONTRACTOR shall coordinate a meeting and site
inspection of the Center to establish a baseline of existing conditions. CONTRACTOR shall
notify the City of any necessary repairs, and the City shall make such repairs if, in its discretion,
it deems necessary.
2.3 This Agreement is subject to all existing utility lines or facilities, rights of way, and ingress
and egress to City - retained areas, and the City's right to replace and/or maintain same, whether
or not such matters have been recorded in the Public Records of Miami -Dade County Florida.
This shall include, but not be limited to, any and all underground and aboveground utilities
located on the Center. The City also reserves the right to construct, install and maintain utilities
that it deems, in its sole discretion, to be necessary or beneficial to the operation of the City.
City agrees to give CONTRACTOR reasonable notice prior to commencing any such
construction, installation, or maintenance of utilities that may result in a temporary closure of a
court or courts, or any other portion of the Center. CONTRACTOR reserves the right to
cancel or otherwise close all other portions of the Center including specific banks of courts,
until such time as the work is completed or the closed Center or portion thereof can be re-
opened, whichever comes first. Any disturbance or damage to City -owned or City- authorized
utilities located on, under, or over the Center, caused as a result of CONTRACTOR'S
negligence, shall be promptly repaired at CONTRACTOR'S expense.
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SECTION 3. USE(S)
The CONTRACTOR is hereby authorized to conduct the following kind(s) of businesses and
provide the following kind(s) of services within the Center, as provided below, all at its sole cost
and expense:
3.1 Public Tennis Facility
CONTRACTOR agrees it will use the Center solely for the operation of a public tennis facility.
This use shall include the operation of the tennis courts and pro shop facilities. Services shall
include those customarily associated with the operation of a public tennis center, including
permitted Special Events (as defined in Section 16) related to such public tennis center activities,
and those specifically included in the Request. for Proposals No. 2004 -0514, Scope of Services,
attached hereto as Exhibit "C ".
No other use and/or business shall be conducted at the Center without the prior written approval
of the City Manager or his designee.
3.1.1 The City and CONTRACTOR agree and acknowledge that the public's use of the
Center is a prime consideration and must be balanced accordingly with the services
to be provided by the CONTRACTOR to the public and the respective financial
remuneration to City and CONTRACTOR, respectively, pursuant to this
Agreement. Accordingly, CONTRACTOR acknowledges and agrees that the
public's right to use the Center shall not be infringed upon by any activity of
CONTRACTOR other than as set forth in this Agreement. Upon execution of the
Agreement, CONTRACTOR acknowledges that the Center is public and as such
its operation may not restrict, or appear to restrict, access to the general public, or
in any way limit the public nature or ambiance of the Center other than as set forth
in this Agreement. CONTRACTOR will conduct its operations so as to maintain a
reasonably quiet and tranquil environment for the adjacent area, and make no
public disturbances.
It is the City's intent, and CONTRACTOR hereby agrees and acknowledges same,
to provide high - quality, affordable tennis services to the City's residents and
visitors; and to progressively upgrade tennis service at the Center.
3.2 Prohibited Activities
CONTRACTOR shall not use the Center for any unlawful purpose and shall comply with all laws
and permitting requirements now in force or hereafter adopted, applicable to the Center, and/or
uses and businesses conducted on the Center. CONTRACTOR agrees not to use the Center for,
or to permit the operation of any offensive, noisy or dangerous activity, nuisance or anything
against public policy. There shall be no living quarters at the Center, nor shall anyone be
permitted to live at the Center. Except as may result from acts of force majeure, CONTRACTOR
agrees that it will not allow the Center to become unoccupied or vacant. CONTRACTOR shall
take appropriate precautions to prevent fire on the Center; maintaining extinguishing equipment at
l�
all times. CONTRACTOR will not permit the outside use of any musical instrument or noise-
making device on the Center that is in violation of the City's established Noise Ordinance.
3.3 Sale of Tennis Pro Shop Related Items and Services.
CONTRACTOR may offer for sale those tennis related items such as tennis balls, tennis racquets,
shoes, shirts, towels, etc., and offer related services such as equipment and ball machine rentals,
racquet restringing, and grip replacement. CONTRACTOR may also offer for sale pre - packaged
food and beverage products to include items such as sodas, water and snack items. At no time
will the CONTRACTOR be permitted to sell alcoholic beverages or any food item that requires
preparation beyond heating in a microwave oven. Prices shall be substantially in accordance with
the price ranges of other similar public tennis centers. A list of all items and services to be offered
for sale, and the respective price ranges for same, must be approved in writing by the City
Manager or his designee, prior to such sales and/or additions being implemented, and updated, as
deemed necessary, at the discretion of the City Manager and/or his designee. All such prices must
be conspicuously posted at the Pro Shop, along with a notice to customers that they must receive
a receipt for their transaction.
3.4 Hurricane Preparation Plan
CONTRACTOR agrees to comply with the City's Hurricane Evacuation Plan and will cooperate
fully with the instructions given by the City's representative to initiate the plan immediately upon
notice of the issuance of a Hurricane Warning by the Miami -Dade County Office of Emergency
Management. CONTRACTOR shall, at a minimum, secure the Center and all related materials in
accordance with the procedures included in the City's Recreation Division Hurricane Preparation
Plan, as included in Exhibit "D" attached hereto.
3.5 Occupational Licenses.
CONTRACTOR shall obtain, at its sole cost and expense, any and all occupational licenses
required by law, as amended from time to time, for all proposed uses contemplated in this
Agreement. Occupational licenses shall also be required and obtained for each individual
professional tennis instructor providing lessons and/or clinics at the Center.
4.1 Performance Bond or Alternative Securiiv.
4.1.1 On or before the Commencement Date, CONTRACTOR shall furnish the City
Manager or his designee with one of the following:
(i) A Performance Bond, in the amount of Fifty Thousand Dollars ($50,000.00),
to secure the faithful performance of this Agreement. A cash deposit,
irrevocable letter of credit, the establishment of a joint trust or certificate of
deposit (collectively, the "Alternate Security ") may also suffice, as determined
by the City in its discretion The form of the Performance Bond or Alternate
Security shall be as required and pre- approved by the City Manager or his
designee. In the event that a Certificate of Deposit is approved, it shall be a
Fifty Thousand Dollar ($50,000.00) one -year Certificate of Deposit in favor of
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the City, which shall be automatically renewed, the original of which shall be
held by City. The CONTRACTOR shall be required to maintain said
Performance Bond or Alternate Security, as accepted by City, in full force and
effect throughout the Term of this Agreement.
(ii) A letter, in a form satisfactory to the City Manager or his designee, from a
federally insured financial institution evidencing, as of the date of the letter,
CONTRACTOR'S ability to provide the necessary funds to perform pursuant
to the Agreement.
The parties agree and acknowledge that the preceding conditions (i) -(n) are intended to be
conditions subsequent to the City's approval of this Agreement. Accordingly, In the event
that CONTRACTOR does not satisfy the aforestated conditions on or before the
Commencement Date, then the City Manager or his designee may immediately, without
further demand or notice, and without liability to the City, terminate this Agreement without
being prejudiced as to any remedies which may be available to him for breach of contract.
4.2 Revenue Collection / Payment to City.
In consideration of the management and operational rights granted the CONTRACTOR pursuant
to this Agreement, and CONTRACTOR'S further agreement and acknowledgement to perform
and furnish the management and operational services, professionally skilled and qualified
personnel, systems, and materials consistent with the management and operations of other first
class public tennis centers, the City and CONTRACTOR herein agree that the CONTRACTOR
shall collect and maintain (in accordance with generally acceptable accounting principles) on
behalf of the City, all revenues, as such term is defined in subsection 4.2.2, generated at and from
the Center including, but not limited to, membership fees, tennis instruction, lessons and clinics,
court rental fees, equipment rental & repair and pro shop sales and services.
All said revenues collected by the CONTRACTOR shall be deposited into an account to be
maintained solely for the purpose(s) of the management, operation and maintenance of said
Center including, without limitation, to pay for all budgeted operational expenses arising from the
management or operation of the Center. Interest accrued in the account shall be part of the
operating income.
CONTRACTOR is authorized to withdraw from such account amounts necessary to pay, or
reimburse CONTRACTOR, for the payment of all budgeted operational expenses arising from the
management and operation of the Center, as set forth in the approved operating budget, as set
forth in 4.2.3, during the term of this Agreement.
CONTRACTOR shall submit, within fifteen (15) days following the close of each month, or as
reasonably prescribed by the City, copies of records and reports related to the receipts and
expenditures with respect to all expenses and revenues generated during such month at the
Center. Such records and reports shall be in a form satisfactory to the City's Finance Director,
and shall include a comparison of revenues and expenses for the two (2) months prior to the
report being submitted as well as copies of court usage schedules (court rentals, lessons, clinics,
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etc.) detailing all activities for the month in question. The City shall review all operating expenses
but shall have no obligation whatsoever to reimburse CONTRACTOR for any cash flow
deficiencies.
CONTRACTOR, upon receipt thereof from the depository bank, shall submit to the City copies
of all deposits, withdrawals, and bank statements concerning the account established for the
Center pursuant to this subsection 4.2. Additionally, there shall be a reconciliation of all
accounting within 30 days following the completion of each Agreement year (September I' —
August 3 V) during the term hereof.
4.2.1 CONTRACTOR shall, without limitation, pay to the City, within fifteen (15) days
following the close of each month during the term of this Agreement, the following
amount: the greater of (i) the percentage of gross revenues for the preceding
calendar month, or (H) the minimum monthly guarantee as set forth in Exhibit "A" to
this Agreement, whichever is greater.
4.2.2 The term "gross revenues" or "revenues, " as used herein, is understood to mean all
income collected or accrued by the CONTRACTOR with respect to the Center
pursuant to this Agreement, excluding amounts of any Federal, State, or City sales
tax, or other tax, governmental imposition, assessment, charge or expense of any
kind, collected by the CONTRACTOR pursuant to this Agreement, and required by
law to be remitted to the taxing or other governmental authority. "Gross revenues"
will also exclude any grants received by CONTRACTOR for specific tennis - related
programs at the Center.
4.2.3 During the term of this Agreement, CONTRACTOR shall prepare and submit to
the City, prior to October V of each fiscal year, or portion thereof, that is within
the term hereof, a proposed, detailed line -item annual operating budget for the
Center, in compliance with a format reasonably requested by the City's Finance
Director. CONTRACTOR shall also prepare and submit, prior to October V of
each fiscal year that is within the term hereof, a cash flow budget, based on its
submitted operating budget for such fiscal year. The operating budget and the cash
flow budget shall be approved by the Finance Director, with such modifications as
the Finance Director shall make.
4.3 Sales and Use Tax.
It is also understood that payment of any required Florida State Sales and Use Tax shall be the
responsibility of CONTRACTOR. It is the City's intent that it is to receive all payments due from
CONTRACTOR (as contemplated in 4.2. 1) as net of such Florida State Sales and Use Tax.
CONTRACTOR shall maintain current, accurate, and complete financial records on an accrual
basis of accounting related to its operations pursuant to this Agreement. Systems and procedures
used to maintain these records shall include a system of internal controls and all accounting
records shall be maintained in accordance with generally accepted accounting principles and shall
be open to inspection and audit, by the City Manager or his designee upon reasonable prior
request and during normal business hours. Such records and accounts shall include a breakdown
of revenues, expenses, and profit and loss statements. CONTRACTOR shall maintain accurate
receipt printing cash registers or a like alternative at the Center which will record and show the
payment for every sale made or service provided on the Center; and such other records shall be
maintained as would be required by an independent CPA in order to audit a statement of annual
revenues and profit and loss statement pursuant to generally accepted accounting principles.
SECTION 6. INSPECTION AND AUDIT
CONTRACTOR shall maintain its financial records pertaining to its operations for a period of
three (3) years after the conclusion of any contract year and such records shall be open and
available to the City Manager or his designee, as deemed necessary by the City Manager or his
designee.
The City Manager or his designee shall be entitled to audit CONTRACTOR'S records pertaining
to its operation as often as it deems reasonably necessary throughout the term of this Agreement,
and three (3) times within the three (3) year period following termination of the Agreement,
regardless of whether such termination results from the natural expiration of the term or for any
other reason. The City shall be responsible for paying all costs associated with such audits, unless
the audit(s) reveals a deficiency of five percent (5 %) or more in CONTRACTOR'S statement of
revenues for any year or years audited, in which case CONTRACTOR shall pay to the City,
within thirty (30) days of the audit being deemed final (as specified below), the cost of the audit
and a sum equal to the amount of the deficiency revealed by the audit, plus interest; provided,
however, the audit shall not be deemed final until CONTRACTOR has received the audit and has
had a reasonable opportunity to review the audit and discuss the audit with the City.
CONTRACTOR shall submit at the end of each contract year, an audited annual statement of
revenues, in a form consistent with generally accepted accounting principles.
It is CONTRACTOR'S intent to stay informed of comments from and suggestions by the City
regarding CONTRACTOR'S performance under the Agreement. Within thirty (30) days after the
end of each contract year, CONTRACTOR and City shall meet to review CONTRACTOR'S
performance under the Agreement for the previous contract year. At the meeting,
CONTRACTOR and City may discuss quality, operational, maintenance and any other issues
regarding CONTRACTOR'S performance under the Agreement.
SECTION 7. TAXES ASSESSMENTS AND UTILITIES
7.1 CONTRACTOR agrees to and shall pay before delinquency all taxes and assessments of any
kind assessed or levied upon CONTRACTOR and with and/or against the Center, except as
provided in subsection 7.2, by reason of this Agreement or by reason of the business or other
activities of CONTRACTOR upon or in connection with the Center. CONTRACTOR will have
the right, at its own expense, to contest the amount or validity, in whole or in part, of any tax
and/or assessment by appropriate proceedings diligently conducted in good faith.
-to-
CONTRACTOR may refrain from paying a tax or assessment to the extent it is contesting the
assessment or imposition of same in a manner that is in accordance with law; provided, however,
if, as a result of such contest, additional delinquency charges become due, CONTRACTOR shall
be responsible for such delinquency charges, in addition to payment of the contested tax and/or
assessment, if so ordered.
CONTRACTOR shall also pay for any fees imposed by law for licenses or permits for any
business or activities of CONTRACTOR at the Center under this Agreement.
The City shall maintain and pay for electricity, water and sewer and trash collection at the Center
during the term of this Agreement. CONTRACTOR shall pay, before delinquency, for any and all
telephone charges associated with the operation of the Center.
7.2 Procedure If Ad Valorem Taxes Assessed.
Notwithstanding Subsection 7.1, the parties agree that the operations contemplated herein are for
public purposes and, therefore, no ad valorem taxes should be assessed by the Miami -Dade
County Tax Appraiser. If, however, said taxes are assessed, City and CONTRACTOR shall use
reasonable efforts to address payment of same.
8.1 Principals
CONTRACTOR agrees that during the Term of this Agreement, Francisco Montana and John
McLean (individually, a "Principal"; collectively, the "Principals ") shall have active, ongoing
direct participation in the day to day operation, maintenance and management of the Center. In
the event that a Principal (or Principals) is no longer associated with CONTRACTOR, or
otherwise ceases to participate in the day to day operation, maintenance, and management of the
Center pursuant to this Agreement, then the City, at its sole option, may terminate this Agreement
for cause pursuant to Section 14. In the alternative, should the City not opt to terminate this
Agreement as provided therein, it shall have prior written approval as to any replacement of a
Principal or Principals subsequently offered by the CONTRACTOR.
8.2 Independent Contractors
In connection with the performance of its responsibilities hereunder, CONTRACTOR may hire its
own employees and/or independent contractors, who will be employees and/or independent
contractors of CONTRACTOR and not of the City. CONTRACTOR shall select the number,
function, compensation, including benefits (if any), and may, at its discretion and at any time,
adjust or revise the terms and conditions relating to such employees and/or independent
contractors.
8.3 Instructor Certification
The CONTRACTOR agrees that the Head Tennis Professionals who are, as of the
Commencement Date, identified as Francisco Montana and John McLean, and all Teaching
Assistants, shall be certified Tennis Professionals by USPTA, USTA or USPTR. The Head
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Tennis Professional, Center Managers, and
experience in tennis instruction and related
maintenance and related activities.
Principals must demonstrate knowledge and
activities, facility management, tennis court
8.4 Uniforms Identification & Character
CONTRACTOR and its employees and/or independent contractors shall wear appropriate
apparel, such that Center patrons can easily identify CONTRACTOR and its employees and/or
independent contractors. All employees and/or independent contractors shall observe all the
graces of personal grooming. The CONTRACTOR shall hire people to work in its operation who
are neat, clean, well groomed and shall comport themselves in a professional and courteous
manner. The CONTRACTOR, and any persons hired by same, shall comply with the pre-
employment requirements and standards as established by the City of South Miami's Human
Resources Department. If CONTRACTOR materially fails to comply with these provisions the
City may send notice of default. The CONTRACTOR shall have an experienced manager or
managers overseeing the Center and related operations at all times Center is open to the general
public.
8.5 Backgrounds and Drug Screening Requirements
The CONTRACTOR, all its employees and/or independent contractors shall undergo a
comprehensive background check and drug screening in accordance with the City's process and
must utilize a City approved agent prior to entering the Center to begin employment and/or
delivery of services. Employment may be contingent upon satisfactory results as determined by
the City. Cost of said tests shall be the CONTRACTOR'S.
9.1 Hours of Daily Operations
The CONTRACTOR shall open and operate the Center for play from 8:00 A.M. to sundown
every day of the year, with the exception of closures due to weather conditions or events of force
majeure, and certain holidays agreed upon by the CONTRACTOR and the City.
9.2 Change in Hours of O rpe ation
Any change in the hours of operation shall be at the City's sole option and discretion, and any
request by CONTRACTOR for an increase or decrease in same shall be subject to the prior
written approval of the City Manager or his designee.
9.3 Court Usage
The CONTRACTOR and the City recognize that in order to provide comprehensive professional
tennis management at the Center, CONTRACTOR must provide services to a wide variety of
tennis patrons (casual recreational play, league play, tournaments and social round - robins, junior
and adult clinics, private lessons, etc.). CONTRACTOR agrees that, in order to properly balance
this variety of court uses, and to ensure court availability for all users, CONTRACTOR will
implement the following schedule:
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Sentember throueh Tune:
Bays
Times
Court Usage Dumber of Courts
M — F
7:30 a.m. to 9:30 a.m.
Recreational Play
4
M - F
9:30 a.m. to 11:30 a.m.
Ladies League & Clinics
4*
M - F
9:30 a.m. to 11:30 a.m.
Recreational Play
2
M — F
11:30 p.m. to 3:00 p.m.
Recreational play
5
M — F
3:00 p.m. to 4:30 p.m.
After- School Clinics Beginners
3
M — F
3:00 p.m. to 4:30 p.m.
Recreational play
3
M — F
4:30 p.m. to 6:00 p.m.
After Schools Clinics Int.-Adv.
3
M — F
4:30 p.m. to 7:00 p.m.
Recreational Play
3
Sat -Sun
7:30 a.m, to 7:00 p.m.
Recreational Play
5
Unless noted otherwise, the remaining courts will be available for private and/or group lessons.
* On match days during season, Ladies League teams will be permitted use of 6 courts.
.Tune throuuh Aueust
Bays
Times
Court Usage plumber of Courts
M — F
7:30 a.m. to 9:30 a.m.
Recreational Play
4
M — F
9:30 a.m. to 3:30 p.m.
Ladies & Junior Summer Camp
5
M — F
9:30 a.m. to 3:30 p.m.
Recreational Play
1
M — F
3:30 p.m. to 8:00 p.m.
Recreational Play
5
Sat -Sun
7:30 a.m. to 8:00 p.m.
Recreational Play
5
Unless noted otherwise, the remaining courts
will be available for private and/or
group lessons.
1 BE P 10R / 1 .t
10.1. Hourly Fees and Annual Permits
Prices charged shall comply with the City s established fees for hourly tennis court play and annual
permits, and shall be in accordance with the information included in Exhibit "E," attached hereto.
10.2 Professional Tennis Instruction Fees
The CONTRACTOR must comply with the fee schedule for the professional tennis instruction
that offers the tennis patron a choice in instructor level and hourly fee commensurate with the
instructor's level, as agreed upon and listed in Exhibit "F ", attached hereto. Any change of this
said fee and instructor levels shall be approved by the City prior to implementation of fees.
10.3 Establishin /Pg ostmg Fees
Fees for hourly court rentals, lessons, clinics, merchandise, equipment rental, racquet stringing or
gripping and any other related items or services to be sold must be prominently posted at the
Center at those location(s) where such fees are normally paid. All fees and charges shall be
competitive with those charged by comparable public tennis centers in Miami -Bade and Broward
Counties. Initial fees for programs, clinics and lessons are set forth in Exhibit "F" attached hereto.
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10.4 Increased Fees Process
The City shall approve in writing, in advance, any increase in fees from those currently set forth in
Exhibit "F ", provided the CONTRACTOR shall have the right to increase fees in an amount equal
to the amount of any sales and use tax increase enacted after the effective date of such exhibit or
schedule without City's consent.
10.5 Initial Program Offerings
The CONTRACTOR agrees to provide the programs and additional services set forth in Exhibit
"F". An implementation schedule of said services shall be provided by the CONTRACTOR
within sixty (60) days of the Commencement Date. Said schedule and any modifications,
additions or deletions to the list are subject to the prior approval of the City.
10.6 The CONTRACTOR shall be authorized to provide courts, free of charge, during
professional tennis demonstrations, promotional events, clinics and lessons being offered to the
public at no charge, subject to the prior written approval of the City.
10.7 The CONTRACTOR will be required to implement court reservation policies in order to
provide proper court scheduling to ensure maximum use of the Center. The court reservation
policies may provide penalties for cancelled or un -used reservations. The court reservation
policies must be submitted in writing and approved by the City Manager prior to implementation
10.8 Approval of Printed Materials
Any print materials prepared by the CONTRACTOR for use of the Center shall have the approval
of the City prior to printing. Materials must include the City designation/logo and appropriate
ADA (Americans with Disabilities Act) disclaimer.
SECTION 11. ALTERATIONS. MAINTENANCE AND REPAIRS & SECURITY
11.1 Building and Facilities Alterations
Without the City's prior written approval, CONTRACTOR may not make alterations or additions
to the Center. In the event of an emergency to prevent injury to persons or property,
CONTRACTOR shall use reasonable efforts to secure the affected area and will immediately
notify the City's Parks and Recreation Department to advise of said emergency. At that time the
City will assess the situation, further secure the area in question, and determine means and method
of repairs. Any other alterations or additions shall be made at the CONTRACTOR'S sole cost
and expense and shall become the property of the City upon termination of this. Agreement unless
otherwise agreed to by the City Manager or his designee in writing. CONTRACTOR shall not
have the right to create or permit the creation of any hen attaching to City's interest in the Center
as a result of any such alterations or additions.
11.2 Buildings) and Facilities Maintenance
The City further acknowledges that the CONTRACTOR shall not be required to improve, repair,
restore, refurbish, or otherwise incur any expense in improving or changing the condition of the
Center if same requires the CONTRACTOR to exceed the threshold amount of $1,000 per
occurrence, without the further participation or contribution of the City. Notwithstanding the
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forgoing, the City shall continue to maintain all major electrical, A/C, plumbing and structural
systems, at its sole cost. For purposes of this Agreement, "occurrence" shall be defined to be a
repair or series of repairs related to the same problem or incident.
CONTRACTOR shall not be responsible for major repairs to roofing, exterior walls, air -
conditioning, plumbing, irrigation system (other than replacement of sprinkler heads), electrical
systems) or foundations. The City will be responsible for those costs in excess of said $1,000.00
per occurrence. Otherwise, CONTRACTOR shall be responsible for the maintenance of all items
located inside the fence line of the Tennis Center as well as the Pro Shop building and the practice
wall.
The City will maintain the grass areas in those portions of Dante Fascell Park surrounding the
Center. In addition, the City will provide twice -daily cleanings of the restrooms located adjacent
to the Tennis Pro Shop. It will be CONTRACTOR's responsibility to inspect and clean the
restrooms as necessary between cleanings by City staff to ensure that the restrooms remain in a
clean and odor -free condition throughout the day. CONTRACTOR shall maintain a supply of
cleaning supplies and tissue paper to re -stock the restrooms as needed.
11.3 Courts and Related Facilities Maintenance Standards
The parties herein acknowledge, and CONTRACTOR agrees to be bound by the Minimum
Maintenance Standards as delineated in Exhibit "G ", attached hereto, which include Tennis Court
Maintenance Standards (collectively, the "Maintenance Standards "). The City shall from time to
time conduct inspections of the Center to determine compliance with Standards and submit its
finding in writing to CONTRACTOR. The CONTRACTOR agrees to promptly respond to the
City's findings in writing, addressing all findings including an action plan and time line for
correcting any discrepancies identified in said findings. It is further understood that upon the
request of the City, CONTRACTOR shall periodically, or upon the City's written request, provide
the City Manager or his designee, with a maintenance report in a format approved by the City.
11.4 Litter, Garbage and Debris Removal
With respect to litter, garbage and debris removal, the CONTRACTOR shall provide, at its sole
cost and expense, receptacles within the confines of the Center and shall provide a sufficient
number of these receptacles for its own use and for the use of the public. Disposal of the contents
of said receptacles and removal of fitter, garbage and debris within the Center, shall be done on a
daily basis, and shall be the sole responsibility of the CONTRACTOR. The CONTRACTOR shall
be permitted to utilize the City s current trash removal procedures.
11.5 Equipment
The CONTRACTOR must provide and maintain, at its own cost and expense, all materials, labor,
and any and all equipment required to operate the Center. CONTRACTOR shall maintain said
equipment during the term of this Agreement. In the event any of the CONTRACTOR'S
equipment or materials are lost, stolen, or damaged, they shall be replaced or repaired at the sole
cost and expense of the CONTRACTOR in no more than five (5) days from date of loss, or if not
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possible, within such time frame, as promptly as reasonably possible; but in no event to exceed
fifteen (15) days.
CONTRACTOR and City agree that CONTRACTOR will be permitted use of existing City -
owned equipment located at the Center at no cost to CONTRACTOR. CONTRACTOR further
acknowledges that said equipment, more fully described in exhibit "H" attached hereto, is being
accepted in an "as is" condition, and that CONTRACTOR will be responsible for the maintenance
and upkeep of said equipment for the duration of this agreement. All City -owned equipment must
be returned to the City at the expiration of this agreement in substantially the same condition as it
was received, with the exception of normal wear and tear.
11.6 OrderlOperation
The CONTRACTOR shall have a neat and orderly operation at all times and shall be solely
responsible for the necessary housekeeping services for the Center. There shall be no living
quarters nor shall anyone be permitted to live within the Center. CONTRACTOR shall make
available all facilities within the Center under its control for examination during hours of operation
by the City Manager or his designee.
11.7 No Dangerous Materials
The CONTRACTOR agrees not to use or permit at the Center the storage and/or use of gasoline,
fuel oils, diesel, illuminating oils, oil lamps, combustible powered electricity producing generators,
turpentine, benzene, naphtha, propane, natural gas, or other similar substances, combustible
materials, or explosives of any kind, or any substance or thing prohibited in the standard policies
of fire insurance companies in the State of Florida. Any such substances or materials found within
the Center shall be immediately removed. Notwithstanding any contrary provisions of this
Agreement, CONTRACTOR, after the Commencement Date, shall indemnify and hold City
harmless from any loss, damage, cost, or expense of the City, including, without limitation,
reasonable attorney's fees, incurred as a result of, arising from or connected with the placement
by CONTRACTOR, alter the Commencement Date, but during the term of this Agreement, of
any hazardous substance, or petroleum products on, under, in or upon the Center as those terms
are defined by applicable Federal and State Statute, or any environmental rules and environmental
regulations promulgated thereunder; provided, however, CONTRACTOR shall have no liability
for any violation arising or damage incurred as a result of the willfiil misconduct or gross
negligence of the City, its agents, servants or employees. The provisions of this Subsection shall
survive the termination or earlier expiration of this Agreement.
11.5 Securitv
The CONTRACTOR shall be responsible for and provide reasonable security measures that may
be required to protect the Center and any of the equipment, materials and facilities thereon.
Under no circumstances shall the City be responsible for any stolen or damaged equipment,
materials and supplies, nor shall the City be responsible for any stolen or damaged personal
property of CONTRACTOR'S patrons, guests, invitees, and/or other third parties.
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11.9 Inmection
The CONTRACTOR agrees that the Center and all facilities, equipment, and operations thereon
may be inspected at any time during hours of operation by the City Manager or his designee, or by
any other Municipal, County, State officer, or agency having responsibilities for inspections of
such operations. The CONTRACTOR hereby waives all claims against the City for compensation
for loss or damage sustained by reason of any interference (which interference, if by the City,
must be reasonable) with the operations by any public agency or official in enforcing its or his
duties or any laws or ordinances. Any such interference (which interference, if by the City, must
be reasonable) shall not relieve the CONTRACTOR from any obligation hereunder.
SECTION 12. INSURANCE
The city shall not be held liable or responsible for any claims which may result from acts, errors or
omissions of CONTRACTOR, subcontractors, suppliers or laborers. In reviewing, approving or
rejecting any submissions or acts of CONTRACTOR, the city in no way assumes responsibility or
liability for the acts, errors or omissions of CONTRACTOR or subcontractors.
CONTRACTOR shall not commence work under this agreement until it has obtained all insurance
required by the city. CONTRACTOR shall defend, indemnify and hold the city harmless from any
and all claims, liability, losses, expenses and causes of action arising solely out of a negligent act,
error, or omission or misconduct of CONTRACTOR, or CONTRACTOR's subcontractors,
suppliers and laborers incident to the performance of CONTRACTOR's services under this
agreement. CONTRACTOR shall pay all claims, losses, fines, penalties, costs and expenses of
any nature whatsoever resulting from its intentional misconduct or negligence.
CONTRACTOR shall maintain during the term of this agreement the following insurance:
A. Comprehensive general liability insurance with broad form endorsement,
completed operations and products liability, contractual liability,
severability of interest with cross liability provision, and personal injury and
property damage liability with at least a combined single limit of
$100,000.00 per person and $200,000.00 per occurrence for bodily injury
and property damage liability. The policy or policies shall name city as
additional insured and shall reflect the hold harmless provision contained
herein.
B. Workers' Compensation insurance in compliance with Chapter 440, Florida
Statutes, as presently written or hereafter amended.
C. The policies shall contain waiver of subrogation against the city where
applicable and shall expressly provide that the policy or policies are
primary over any other insurance that the city may have. The city reserves
the right to request a copy of the required policies for review. All policies
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shall contain a "severability of interest" or "cross liability" clause without
obligation for premium payment of the city.
D. All insurance policies required must be written by a company or companies
rated at least "A" as to management and at least "Class 3i" as to financial
strength in the latest edition of the Best's Insurance Guide, published by
Alfred M. Best Co., Inc., Fulton Street, New York, New York, and
qualified to do business under the laws of the State of Florida.
E. The policy or policies of insurance required shall be written in a manner
such that the policy or policies may not be canceled or materially changed
without 60 days advance written notice to the city. Written notice shall be
sent to Director of Finance, at the above address:
City of South Miami
To the Attention of the Finance Director
6130 Sunset Drive
South Miami, Florida 33143 -5093
F. CONTRACTOR shall furnish certificates of insurance to the city prior to the
commencement of operations. The certificates shall clearly indicate that
instructor has obtained insurance in the type, amount, and classification as
required for strict compliance with this paragraph.
Compliance with the foregoing requirements shall not relieve CONTRACTOR of its liability and
obligations under this agreement.
SECTION 13. INDEMLAITY
13.1 In consideration of a separate and specific consideration of $10.00 and other good and
valuable consideration the receipt and sufficiency of which are hereby acknowledged,
CONTRACTOR shall indemnify, hold harmless and defend the City, its agents, servants and
employees from and against any claim, demand or cause of action of whatsoever kind or nature
arising out of error, omission, or negligent act of CONTRACTOR, its subcontractor(s), agents,
servants or employees in the performance of services under this Agreement unless such claim,
demand or cause of action arises as a result of the City's gross negligence or willfid misconduct.
13.2 In addition, in consideration of a separate and specific consideration of $10.00 and other
good and valuable consideration the receipt and sufficiency of which are hereby acknowledged,
CONTRACTOR shall indemnify, hold harmless and defend the City, its agents, servants and
employees from and against any claim, demand or cause of action of whatever kind or nature
arising out of any misconduct of CONTRACTOR not included in the paragraph in the subsection
above and for which the City, its agents, servants or employees are alleged to be liable.
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13.3 Subsections 13.1 and 13.2 shall survive the termination or expiration of this Agreement.
Subsections 13.1 and 13.2 shall not apply, however, to any such liability, that arises as a result of
the willU misconduct or gross negligence of the City, its agents, servants or employees.
13.4 Subro ation
The terms of insurance policies referred to in Section 12 shall preclude subrogation claims against
CONTRACTOR, the City and their respective officers, employees and agents.
13.5 Force Majeure.
Neither party shall be obligated to perform hereunder and neither party shall be deemed to be in
default if performance is prevented by:
a. Fire which renders at least thirty percent (30 %) of the cumulative facilities
unusable and which is not caused by negligence of CONTRACTOR;
b. Earthquake; hurricane; flood; act of God; civil commotion occurring at the
Center during or in connection with any event; or other matter or condition
of like nature; or
C. Any law, ordinance, rule, regulation or order of any public or military
authority stemming from the existence of economic or energy controls,
hostilities, or war.
The parties hereto acknowledge that CONTRACTOR'S obligations and benefits hereunder may
be negatively affected by an event of Force Majeure. If an event of Force Majeure occurs during
the term of this Agreement, and provided further that CONTRACTOR'S payment(s) to the City
for that contract year is greater than the applicable percentage payment, then the City Manager or
his designee, in his sole discretion, may extend the term of this Agreement for a reasonable period
of time; provided, however, such extension shall take effect only if CONTRACTOR agrees to
such extension.
13.6 Labor Dispute
In the event of a labor dispute which results in a strike, picket or boycott affecting the Center or
operation described in this Agreement, CONTRACTOR shall not thereby be deemed to be in
default or to have breached any part of this Agreement, unless such dispute shall have been
caused by illegal labor practices or violations by CONTRACTOR of applicable collective
bargaining agreements and there has been a final determination of such fact which is not cured by
CONTRACTOR within thirty (30) days.
13.7 Waiver of Loss from Hazards
The CONTRACTOR hereby expressly waives all claims against the City for loss or damage
sustained by the CONTRACTOR resulting from fire, water, natural disasters /acts of God (e.g.
hurricane, tornado, etc.), civil commotion, riot or any other Force Majeure contemplated in
Subsection 13.5 and Labor Dispute in Subsection 13.6 above, and the CONTRACTOR hereby
expressly waives all rights, claims and demands against the City and forever releases and
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discharges the City from all demands, claims, actions and causes of action arising from any of the
aforesaid causes.
SECTION 14. DEFAULT AND TERMINATION
Subsections 14.1 through 14.3 shall constitute events of default under this Agreement. An event
of default by CONTRACTOR shall entitle City to exercise any and all remedies described as
City's remedies under this Agreement, including but not limited to those set forth in Subsection
14 -4. An event of default by City shall entitle CONTRACTOR to exercise any and all remedies
described as CONTRACTOR'S remedies under this Agreement, including but not limited to those
set forth in Subsection 14.5.
14.1 Bankruptcy
If either the City or CONTRACTOR shall be adjudged bankrupt or insolvent, or if any receiver or
trustee of all or any part of the business property of either party shall be appointed, or if any
receiver of all or any part of the business property shall be appointed and shall not be discharged
within sixty (60) days after appointment, or if either party shall make an assignment of its property
for the benefit of creditors, or shall file a voluntary petition in bankruptcy, or insolvency, or shall
apply for reorganization or arrangement with its creditors under the bankruptcy or insolvency
laws now in force or hereinafter enacted, Federal, State, or otherwise, or if such petitions shall be
filed against either party and shall not be dismissed within sixty (60) days after such filing, then the
other party may immediately, or at any time thereafter, and without further demand or notice,
terminate this Agreement without being prejudiced as to any remedies which may be available to it
for breach of contract.
14.2 Default in Payment
In the event CONTRACTOR fails to submit any payment within five (5) days of its due date,
there shall be a late charge of $50.00 per day for such late payment, in addition to interest at the
highest rate allowable by law (currently 12% per annum). If any payment and accumulated
penalties are not received within fifteen (15) days after the payment due date, and such failure
continues three (3) days after receipt of written notice thereof, then the City may, without further
demand or notice, terminate this Agreement without being prejudiced as to any remedies which
may be available to it for breach of contract; and may begin procedures to collect the Performance
Bond or Alternative Security required in Section 4.1 herein.
14.3 Non - Monetary Default
In the event that CONTRACTOR or the City fails to perform or observe any of the covenants,
terms or provisions under this Agreement, and such failure continues thirty (30) days after written
notice thereof from the other party hereto, such non- defauhing party may immediately or at any
time thereafter, and without further demand or notice, terminate this Agreement without being
prejudiced as to any remedies which may be available to it for breach of contract. In the event
that a default is not reasonably susceptible to being cured within such period, the defaulting party
shall not be considered in default if it shall, within such period, commence with due diligence and
dispatch to cure such default and thereafter completes with dispatch and due diligence the curing
of such default, but in no event shall such extended cure period exceed ninety (90) days from the
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date of written notice thereof. In the event a defaulting party cures any default pursuant to this
subsection, it shall promptly provide the other party with written notice of same.
14.4 City's Remedies for CONTRACTOR'S Default
If any of the events of default, as set forth in this Section, by CONTRACTOR shall occur, the
City may, after notice (if required) and the expiration of cure periods, as provided above, at its
sole option and discretion, institute such proceedings as in its opinion are necessary to cure such
defaults and to compensate City for damages resulting from such defaults, including but not
limited to the right to give to CONTRACTOR a notice of termination of this Agreement. If such
notice is given, the term of this Agreement shall terminate upon the date specified in such notice
from City to CONTRACTOR. On the date so specified, CONTRACTOR shall then quit and
surrender the Center to City pursuant to the provisions of Subsection 14.7. Upon the termination
of this Agreement, all rights and interest of CONTRACTOR in and to the Center and to this
Agreement, and every part thereof, shall cease and terminate and City may, in addition to any
other rights and remedies it may have, retain all sums paid to it by CONTRACTOR under this
Agreement, including but not limited to, beginning procedures to collect the Performance Bond or
Alternate Security required in Section 4.1 herein. In addition to the rights set forth above, City
shall have the rights to pursue any and all of the following:
a. The right to injunction or other similar relief available to it under Florida law
against CONTRACTOR; and or
b. The right to maintain any and all actions at law or suits in equity or other
proper proceedings to obtain damages resulting from CONTRACTOR'S
default.
14.5 If any of the events of default, as set forth in this Section, by the City shall occur, the
CONTRACTOR may, after notice (if required) and the expiration of the cure periods, as provided
above, at its sole option and discretion, terminate this Agreement upon written notice to the City
and/or sue for damages. Said termination shall become effective upon receipt of a written notice
of termination by the City, but in no event shall CONTRACTOR specify a termination date that is
less than sixty (60) days from the date of the written termination notice. On the date specified in
the notice, CONTRACTOR shall quit and surrender the Center to City pursuant to the provisions
of Subsection 14.7.
14.6 Surrender of Center
At the expiration of this Agreement, or earlier termination in accordance with the terms of this
Agreement, CONTRACTOR shall surrender the Center in the same condition as the Center was
prior to the commencement of this Agreement, reasonable wear and tear, and City maintenance
and repair obligations, excepted. CONTRACTOR shall remove all its equipment, fixtures,
personal property, etc. upon five (5)- business days written notice from the City Manager or his
designee unless a longer time period is agreed to by the City. The CONTRACTOR'S obligation
to observe or perform this covenant shall survive the expiration or other termination of this
Agreement. Continued occupancy of the Center after termination of the Agreement without the
City's approval shall constitute trespass by the CONTRACTOR, and may be prosecuted as such.
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In addition, the CONTRACTOR shall pay to the City two hundred dollars ($200) per day as
liquidated damages for such breach of this Agreement.
SECTION 15. ASSIGNMENT
CONTRACTOR shall not assign; sublease; grant any concession or license; permit the use of by
any other person other than CONTRACTOR; or otherwise transfer all or any portion of this
Agreement and/or of the Center (all of the forgoing are herein after referred to collectively as
'transfers"), without the prior written consent of the City.
SECTION 16. SPECIAL. EVENTS
16.1 CONTRACTORS proposed uses, as defined in Section 3 herein, contemplates the
production, promotion or sponsorship by the CONTRACTOR of tennis related special events at
the Center. For purpose of this subsection 16.1 only, CONTRACTOR'S "Special Event" shall
mean any event not previously provided for in Exhibit "F ", in which CONTRACTOR shall
dedicate, and close to the general public, 50% or more of the Center's tennis courts. In the event
CONTRACTOR does produce, promote or sponsor a Special Event at the Center, other than
those provided for in this Agreement; it shall abide by the City's Special Events Permit
Requirements and Guidelines. For any use, other than those provided for in this Agreement, a
Special Events Permit may be required, and if required, shall be obtained through the City's Parks
and Recreation Department. The City Manager's authorization must be obtained for any such
Special Event. The City Administration shall evaluate requests for Special Events Permits on a
case by case basis, in accordance with the City's Special Event Permit Requirements and
Guidelines.
16.2 City Special Events
Notwithstanding Subsection 16.1 above, and in the event that the City, at its sole discretion,
deems that it would be in the best interest of the City, the City reserves the right to utilize the
Center for City produced tennis related special events and/or other City- produced special events
productions. In such cases, the City will coordinate with the CONTRACTOR to cooperatively
produce such events. The City shall make its best effort to negotiate with CONTACTOR but if
unsuccessfid the CONTRACTOR shall cease and desist operations during the term of, and in the
area of the special event and/or production. If the CONTRACTOR is not required to close, or
chooses to remain open without interference to the special event and/or production,
CONTRACTOR agrees to cooperate with the City. If the CONTRACTOR is allowed to remain
open during special events and/or productions, the CONTRACTOR may be allowed to have in
operation its normal daily complement of equipment and staff. "Normal" shall be defined as
equipment and staff, approved by the City, that the CONTRACTOR has available for the public
on a normal day, 365 days per year. Such equipment or staff shall not be increased or altered
during special events and/or productions without the prior written permission of the City Manager
or his designee. To the extent that the normal daily complement of equipment and staff is
displaced by the special event and/or production, the CONTRACTOR may reallocate such
Wom
displaced equipment and staff on a pro -rata basis within the Center not being utilized by the
special event.
R"Instwimajugavol"a
The CONTRACTOR will not use, nor suffer or permit any person to use in any manner
whatsoever, the Center or any facilities herein for any improper, immoral or offensive purpose, or
for any purpose in violation of any Federal, State, County, or Municipal ordinance, rule, order or
regulation, or of any governmental rule or regulation now in effect or hereafter enacted or
adopted. The CONTRACTOR will protect, indemnify, and forever save and keep harmless the
City, its agents, employees and contractors from and against damage, penalty, fine, judgment,
expense or charge suffered, imposed, assessed or incurred for any violation, or breach of any law,
ordinance, rule, order or regulation occasioned by any act, neglect or omission of the
CONTRACTOR, or any of its subcontractors, employees or agents. In the event of any violation
by the CONTRACTOR or if the City or its authorized representative shall deem any conduct on
the part of the CONTRACTOR to be objectionable or improper, CONTRACTOR shall be
deemed to be in default of this Agreement should CONTRACTOR fail to correct any such
violation, conduct, or practice to the satisfaction of the City within twenty -four (24) hours after
receiving written notice of the nature and extent of such violation, conduct, or practice.
RO7MITf�3rriil�i C17i�
All notices, consents, waivers, directions, requests or other instruments of communications
provided for under this Agreement, shall be deemed properly given if, and only if, delivered
personally or sent by registered or certified U.S. mail, postage pre -paid, as follows:
IF TO THE CITY:
With copies to
FIX981 l_4_G e"
Maria V. Davis
City Manager
City of South Miami
6130 Sunset Drive
South Miami, Florida 33143
City Attorney
City of South Miami
6130 Sunset Drive
South Miami, Florida 33139
Mr. Francisco Montana, President
Montana/McLean Tennis, Inc.
7150 SW 136 Street
Miami, Florida 33156p
The CONTRACTOR and the City may change the above mailing address at any time upon giving
the other party written notification. All notices under this Agreement must be in writing.
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SECTION 19. LANs
19.1 Comte
CONTRACTOR shall comply with all applicable City, County, State, and Federal ordinances,
statutes, rules and regulations, including but not limited to all applicable environmental City,
County, State, and Federal ordinances, statutes, rules and regulations.
19.2 Governing Law
This Agreement shall be deemed to have been made and shall be construed and interpreted in
accordance with the laws of the State of Florida. In case of any inconsistency between the terms
of this Agreement, and any applicable general or special law, said general or special law shall
prevail.
19.3 Prevailing Party and Attorney's Fees
In the event that it becomes necessary for either party to pursue legal action in order to enforce
the terms of this agreement, the prevailing party shall be entitled to its reasonable attorney's fees
and costs.
19.4 Equal Employment OMortunity
Neither CONTRACTOR nor any affiliate of CONTRACTOR performing services hereunder, or
pursuant hereto, will discriminate against any employee or applicant for employment because of
race, creed, sex, color, national origin, sexual orientation or disability, as defined in Title I or of
ADA or Title VII. CONTRACTOR will take affirmative steps to utilize minorities and females in
the work force and in correlative business enterprises.
19.5 No Discrimination
The CONTRACTOR agrees that there shall be no discrimination as to race, religion, color, sex,
national origin, age, disability, veteran status or sexual orientation in the operations referred to by
this Agreement; and fiirther, there shall be no discrimination regarding any use, service,
maintenance, or operation within the Center. All services offered at the Center shall be made
available to the public, subject to the right of the CONTRACTOR and the City to establish and
enforce rules and regulations to provide for the safety, orderly operation and security of the
Center.
I o
20.1 Independent Contractor
Contractor is furnishing its services as an independent contractor and nothing in this agreement
shall create any association, partnership or joint venture between the parties, or any employer -
employee relationships.
20.2 Modifications
This Agreement cannot be changed or modified except by agreement in writing executed by all
parties hereto. CONTRACTOR acknowledges that no modification to this Agreement shall be
dze
binding on the City unless approved by the Mayor and City Commission except where such
authority has been expressly provided herein to the City Manager or his designee.
20.3 Complete Agreement
This Agreement, together with all exhibits attached hereto, constitutes all the understandings and
agreements of whatsoever nature or kind existing between the parties with respect to the matters
as contemplated herein.
20.4 Headings
The section, subsection and paragraph headings contained herein are for convenience of reference
only and are not intended to define, limit, or describe the scope or intent of any provision of this
Agreement.
20.5 Binding Effect
This Agreement shall be binding upon and inure to the benefit of the parties hereto and their
respective successors and permitted assigns.
20.6 Clauses
The illegality or invalidity of any term or any clause of this Agreement shall not affect the validity
of the remainder of the Agreement, and the Agreement shall remain in full force and effect as if
such illegal or invalid term or clause were not contained herein unless the elimination of such
provision detrimentally reduces the consideration or benefits that either party is to receive under
this Agreement or materially affects the continuing operation of this Agreement.
20.7 Severabiiity
If any provision of this Agreement or any portion of such provision or the application thereof to
any person or circumstance shall be held to be invalid or unenforceable, or shall become a
violation of any local, State, or Federal laws, then the same as so applied shall no longer be a part
of this Agreement but the remainder of the Agreement shall not be affected thereby and this
Agreement as so modified shall remain in full force and effect.
20.8 Ri t of Entry
The City, at the direction of the City. Manager, shall at all times during hours of operation, have
the right to enter into and upon any and all parts of the Center for the purposes of examining the
same for any reason relating to the obligations of parties to this Agreement.
20.9 Not a Lease
It is expressly understood and agreed that no part, parcel, building, facility, equipment or space is
leased to the CONTRACTOR, that CONTRACTOR is a contractor providing management
services for the City and not a lessee; and that the CONTRACTOR'S right to manage and operate
the Center for the City shall continue only so long as this Agreement remains in effect.
20.10 SigM
CONTRACTOR shall provide, at its sole cost and expense, any required signs on the Center. Ail
advertising, signage and postings shall be approved by the City, and shall be in accordance with all
-25-
applicable Municipal, County, State and Federal laws and regulations. Any signage posted by
CONTRACTOR at the Center shall be subject to the prior written approval of the City as to size,
shape and placement of same.
20.11 Conflict of Interest
CONTRACTOR shall perform its services under this Agreement and conduct the professional
tennis management and operations contemplated herein, in a manner so as to show no preference
for other tennis operations /facilities owned, operated, managed, or otherwise controlled by
CONTRACTOR with regard to its responsibilities pursuant to this Agreement.
20.12 Reasonableness
Notwithstanding anything to the contrary in this Agreement., including but not limited to
references to "sole option" or "sole discretion" or words of similar meaning, in each instance in
which the approval or consent or other action of the City Commission or the City Manager or his
designee is allowed or required in this Agreement, such approval, consent or other action shall not
be unreasonably withheld, conditioned or delayed.
20.13 Procedure for Approvals and/or Consents
In each instance in which the approval or consent of the City Manager or his designee is allowed
or required in this Agreement, it is acknowledged that such authority has been expressly provided
herein to the City Manager or his designee by the Mayor and City Commission of the City. In
each instance in which the approval or consent of the City Manager or his designee is allowed or
required in this Agreement, CONTRAC'T'OR shall send to the City Manager a written request for
approval or consent (the "Approval Request "). The City Manager or his designee shall have up to
sixty (60) days from the date of Approval Request to provide written notice to CONTRACTOR
approving of, consenting to or disapproving of the request. However, the City Manager or his
designee's failure to consider such request within this time provided shall not be deemed a waiver,
nor shall CONTRACTOR assume that the request is automatically approved and consented to.
The Subsection shall not apply to approvals required herein by the Mayor and City Commission.
20.14. No Waiver
No waiver of any covenant or condition of this Agreement by either party shall be deemed to
imply or constitute a waiver in the future of the same covenant or condition or of any other
covenant or condition of this Agreement.
20.15 No Third Party Beneficiary
Nothing in this Agreement shall confer upon any person or entity, including, but not limited to
subcontractors, other than the parties hereto and their respective successors and permitted
assigns, any rights or remedies by reason of this Agreement.
Nothing contained in this Agreement is in any way intended to be a waiver of limitation placed
upon the City's liability as set forth in Florida Statutes, Section 768.28.
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SECTION 22. VENUE
This Agreement shall be enforceable in Miami -Dade County, Florida, and if legal action is
necessary by either party with respect to the enforcement of any and all the terms or conditions
herein, exclusive venue for the enforcement of same shall lie in Miami -Dade County, Florida.
CITY AND CONTRACTOR HEREBY KNOWINGLY AND INTENTIONALLY WAIVE
THE RIGHT TO TRIAL BY JURY IN ANY ACTION OR PROCEEDING THAT CITY
AND CONTRACTOR MAY HEREIN AFTER INSTITUTE AGAINST EACH OTHER
WITH RESPECT TO ANY MATTER ARISING OUT OF OR RELATED TO THIS
AGREEMENT OR THE CENTER.
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IN WITNESS WHEREOF, the parties hereto have caused their names to be signed and their
seals to be affixed, all as of the day and year indicating their agreement.
Attest:
CIT �E
(C Lew LL
SECRETARY
Approved as to form and legal sufficiency:
For City:
"A 2 rc
CITY MANAGER
For Contractor:
Montana- McLean Tennis, Inc.
PRESIDENT
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EXHIBIT "A99
MONTHLY PAYMENT TO CITY
1. Initial Investment
CONTRACTOR will make an initial investment of $20,000.00 for equipment, finrnishings,
fixtures, supplies, painting and payroll. If during the first six months of the agreement, the City,
in its sole discretion, determines that CONTRACTOR has made its best effort to fulfill its
obligation towards the initial $20,000.00 investment, and no further improvements can be
realized, then the City may, at its sole discretion, allow CONTRACTOR to set aside any amount
remaining from the initial investment to be used for future capital improvements to the Center.
2. Monthly Payment
CONTRACTOR will pay the greater of the following amounts to the City on a monthly basis as
part of a revenue sharing proposal:
10% of Gross Monthly Revenues
or
$1,750.00 per mouth during year one
$1,500.00 per month during year two
$1,850.00 per month during year three
-29-
Practice WaB
Pm Shop
Restrooms
EXHIBIT 46$199
TENNIS CENTER SITE FLAN
Propany Line
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A. INTENT
The City is seeking proposals from experienced, adequately financed and qualified tennis center
management firms and/or individuals to provide tennis instruction, maintenance and management
at the City's Tennis Center located at Dante Fascell Park (8500 Red Road). Proposers must be a
certified Tennis Professional by USPTA, or USTA, (or other Certified Tennis Agency) or to
become certified within 90 days of the execution of the contract. Proposers must demonstrate
knowledge and experience in tennis instruction and related activities, facility management, tennis
court maintenance and related activities, as well as, knowledge of the legal requirements that are
involved in this type of operation. Additionally, proposers must have a anhitmum of five (5) years
of experience within the last ten (10) years in the management and operations of a similarly
operated tennis center, professional tennis instructor in a similarly operated facility, or other
experiences further delineated in Section H, sub - section C of the RFP.
The selected Proposer is expected to provide the public with tennis services at the Tennis Center
facilities. The selected Proposer may provide related services as approved by the City. All services
and incidental goods provided, together with their price, and hours of operation, must have the
prior approval of the City. Such services, fees and charges may be modified only by written
request of the selected Proposer to the City and approval by the City Manager. Such approval
shall be in writing at least 30 days prior to implementation of the modification. The responsibility
for securing and providing security for any equipment, supplies or resale items, including office
decorations, and displays, will rest with the selected Proposer, as independent contractor. The
City of South Miami shall not accept any responsibility for the Proposer's equipment or supplies
or resale items and shall require Proposer to indemnify the city.
In order to be deemed qualified for consideration, the proposing firm and/ or individuals
must:
1. Have a minimum of five (5) years of experience within the last ten (10) years in
the following tennis related fields:
a. Management and operation of a tennis center of similar quality, facilities
and amenities of the Dante Fascell Park Tennis Center.
b. A minimum of five (5) years of experience within the last ten (10) years in
the provision of professional tennis lessons (private, group, and clinic) for
youth and adults. The City will require the Head Teaching Professional and
all Assistants to be certified Tennis Professional by USPTA or USTA, or
_31:
other Certified Tennis Agency, or to become certified within 90 days of the
execution of the contract. The Head Tennis Professional and/or Center
Manager must demonstrate knowledge and experience in tennis instruction
and related activities, facility management, tennis court maintenance and
related activities, as well as knowledge of the legal requirements that are
involved in this type of operation.
C. Pro shop operations, including tennis lessons, equipment repairs, food and
beverage and merchandise sales.
d. Documented evidence of clay court maintenance experience and
operations.
2. Possess and demonstrate a record of financial responsibility commensurate with
the obligations contemplated under this RFP.
3. Possess a competent record of employment or history of contract service in the
operation of a similar tennis facility business as verified and supported by
references, letters, and other necessary evidence from all employers and/or public
agencies.
The city is seeking a Proposer who will furnish good, prompt and efficient service, adequate to
meet all reasonable tennis related demands, including establishing a minimum tennis lesson
schedule, with identifiable hours of operation for tennis patrons. All schedules shall be subject to
the final approval of the City. The city shall require a minimum service level of:
(1) Provide an operation that will be safe, customer oriented with prompt service,
complaint resolution, effective employee performance and training and timely initiation
and completion of all work.
(2) Require background investigation for all pros, assistants and staff.
(3) Provide, promote and instruct lessons in the game of tennis by certified tennis
professionals to individuals, groups and clinics. The Proposer shall be required to offer
tennis patron's required choice of instructor levels. The hourly fee for lessons shall be
commensurate with the instructor's level of training and skill. The fee and instructor
training levels will be negotiated and agreed upon between the City and the selected
proposer upon award of a contract. Fees for the various levels and types of instruction to
be conducted will either be for a fee or free of charge, depending on mutual advance
agreement of the Tennis Pro and the city.
(4) Provide tennis instruction for the following levels:
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W individual lesson - shall be shared with up to 3 tennis patrons.
(b) Group lesson - shall be shared with up to 5 tennis patrons.
(c) Clinics - shall be groups of no less than 4 and no more that 8 tennis
patrons per instructor.
(5) Provide coaching for tennis teams sanctioned and approved by the City of South.
Miami Parks and Recreation, such services to be provided for a coaching fee or free,
depending on mutual advance agreement of the City.
(6) Offer demonstrations of aspects of the game of tennis in promotion of the Tennis
Center. Such instruction will be defined as a demonstration. Such demonstrations may be
either for a fee or free of charge, depending on mutual advance agreement of the City.
(7) Establish, operate and tabulate tournaments as requested by the City or facility
tennis patrons; including participating in identifying specific needs for individual
tournaments.
(8) Promote junior tennis by establishing a junior tennis team at the Tennis Center
and/or other appropriate City of South Miami facility so that the teams may play and
compete in a league with other Miami -Dade County Tennis Facilities.
(9) Provide advice to the City as to changes, regarding the tennis industry, in general;
tennis rules and regulations; equipment; and promotional methods associated with the
operation of public tennis facilities.
(10) Advise the City of schedules of clinics, tournaments, and seminars on tennis, tennis
merchandising, tennis management and other professional information.
(11) Provide seasonal (three classes, each fall winter and spring) group clinics at low
cost (a per lesson fee for six to eight lessons to be negotiated and approved in advance by
the City) to the community.
(12) Proposer and employees shall be distinctively uniformed or appropriately attired so
as to be easily identified as the Tennis Center instructors and staff.
(13) The selected proposer shall take good care of facilities and shall use the same in a
careful manner and shall at its own cost and expense repair City property and facilities
damaged by proposer's operations.
(14) Overall Tennis Centers Management in accordance with City policy, directives and
established practices, which management shall include, but not be limited to:
a. Tennis court reservation services
b. Facility / court monitoring
C. Tennis lessons reservations
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d. Food and beverage service (if applicable)
e. Pro shop operations
f. Courts /grounds/ buildings maintenance to City specifications
g. Booking of local, regional and state tennis tournaments
h. Marketing, promotion and advertising of the City's Tennis Center to
residents and visitors.
L Must provide summer and specialty camps based on full day Recreational
Division Camp format.
j. Development of programs to encourage participation by all segments of the
community.
k. Tennis professionals must posses and maintain an occupational license.
1. Collection and accounting of all revenues.
m. Payment and accounting of all expenses in a timely manner.
n. Formulation and implementation of operating programs, business plans,
and budgets.
o. Handling of personnel including employment, (including certified
background investigations), training and terminations.
P. Preparation of monthly and annual financial operating statements in a
format acceptable to the City.
q. At minimum comply with industry- accepted court maintenance standards.
(15) Proposer shall prioritize utilization of courts for public usage restricting lesson
courts to not exceed one (1) court during peak hours of play (8:00 AM to 11:00 AM and
4:00 PM to 7:00PM).
It is the intent of the City to provide the best possible service to the public. It is the City's further
intent to gain revenues. However, the City makes no guarantee that the City will act, promote,
approve, assist or cooperate in any manner to assure that this project will be a financial success
for the City of South Miami or the selected Proposer.
K
The City retains responsibility for the following:
1. Administration of all terms and conditions of the Agreement.
2. Approve all fees and other principal tennis center operating policies prior to
implementation.
3. Approval in advance of any alterations to existing facilities.
4. Approval of all tennis tournaments.
5. Approval of time(s) and the number of tennis courts to be used by the tennis
professionals for tennis instructions on a daily basis.
34-
1. Term of Agreement. The City is seeking to enter into an agreement with the selected Proposer
for the exclusive right to provide professional tennis management and operations services for the
Dante Fascell Park Tennis Center, Pro Shop, and related facilities for an initial term of three (3)
years with two (2) one year extensions, renewable at the option of the City Manager.
2. Proposed Payment(s) / Revenue to the City. The selected proposer shall pay the City a rental
sum as a percentage ( %) of gross receipts or a minimum annual guarantee , whichever is greater.
Said percentage payments shall be paid to the City by the 15`' of each month for the preceding
month, and a statement of gross receipts for the preceding month shall accompany said payment.
Any adjustment due to the City as a result of the annual rental guarantee shall take place within
thirty (30) days after the end of each Agreement year. It is the intention of the City that it
receive the rental amount as net, free and clear of all costs and charges arising from or related to
the Tennis Center, and that one - twelfth (1/12) of the minimum annual guarantee or percentage
rent, whichever is greater be paid monthly to the City.
The term "gross receipts" is understood to mean all income collected, accrued, or derived by the
selected proposer under the privileges granted by this Agreement, or other document entered into
with the City, excluding amounts of any Federal, State, or City sales tax, or other tax, collected by
the Proposer from customers and required by laws to be remitted to the taxing authority.
Percentage payments should be based on gross sales including but not limited to all tennis
instruction (Individual, Group or Clinics), court fees including permits and promotional groups, pro
shop, tennis racquet and equipment repairs, sale of food and beverages (if applicable) and the sale
of any other tennis related service or product on a monthly basis. It is also understood that all
applicable taxes on the payments shall be added to the selected proposer's payment and forwarded
to the City as part of the payment.
3. Local Policies. The selected proposer shall operate and keep the tennis center open to the public
on a daily basis. The selected proposer will provide a level of service at least equal to the
standards that exist at surrounding tennis centers of comparable standard and pricing. The tennis
center and all related facilities shall be operated as public facilities in a nondiscriminatory manner.
4. Flours of Operation. The Tennis Center shall be open for play from 8:00 A.M. to sundown
every day of the year, with the exception of closures due to weather conditions, and certain
holidays agreed upon by the selected proposer and the City.
Tennis Center Fees. The City has established fees for hourly tennis court play, annual permits and
other specialized play (see Attachment). Additionally, the selected proposer must develop a fee
schedule for the professional tennis instruction that offers the tennis patron a choice in instructor
level and hourly fee commensurate with the instructor's level. Said fee and instructor levels will be
negotiated and agreed upon between the City and the selected proposer.
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11
1:111N f40'eiDnIM 71". Ifc7 ilil1�'►i
City of South Miami
PURPOSE:
This plan is intended to be a ready reference guide for the Parks and Recreation Department staff and others
who are responsible for dealing with such disasters in our community. Coordinated planning with the other
various departments of the City and other governmental agencies and volunteer groups will assist in providing
safe and effective pie and post hurricane services to the community.
J � • f:. .� . I 1 I
It is expected that ALL Parks and Recreation Department personnel will report to work before and
after the storm as assigned by the Director. All Leaves of Absence will be canceled during this time.
PREPARATION:
1) Review the policy and procedures of the Hurricane Plan. Update the plan annually as needed
prior to May 1. Conduct staff meetings to provide specific information, responsibilities and
procedures.
2) Update employee emergency contact list (retaining a copy of the Human Resources
Department's Emergency Contact fist.)
3) Make sure all supplies are on hand and properly stored.
Two (2) five -gallon gas cans
Two (2) two - gallon gas cans
One (1) chain saw
One (1) extra chain
One case of 2 -cycle oil
One (1) 36 -inch bolt cutters
Two (2) battery operated lanterns
Four (4) cans of fix -a -flat
Five (5) five -gallon bottles of water
One Hundred (100) ft. '/2 inch rope
Six (6) flashlights
One (1) first aid kit
One (1) single blade axe
One hundred (100) ft roll of chain
Six (6) locks
4) Coordinate with the Public Works Department those sites that will be used for debris storage,
staging areas for work crews, etc.
-36-
HURRICANE ALERT:
To permit effective decision- making, it is imperative that the responsible management staff be
provided with a constant flow of current and factual information concerning the emergency or
disaster operations. The Parks and Recreation Department will respond to the Hurricane Plan as
follows:
a F,
The Administration will stay advised to advisories issued by the Emergency Operations Center. All
staff will be advised of the potential for landfall and will be placed on stand -by status. Hurricane
procedures will be reviewed at this time to ensure a smooth operation in the event a Hurricane
Warning is issued. All vacations scheduled for the following two -weeks will be cancelled. All
vehicles will be fully fueled prior to the end of each workday when under a Hurricane Watch. A staff
briefing will be conducted at the end of each workday to provide the latest information to staff
concerning the storm, reporting procedures, duties, etc.
Administration:
1. Stay apprised of official advisories from EOC.
2. Fuel all assigned vehicles and keep them at least half full at all times.
3. Coordinate back up of computers with MIS Manager.
4. Remove items on the floor that may be damaged by water, and store property.
5. Track progress of staff in their preparations.
6. Coordinate with other City Departments in preparations, provide assistance where
possible.
7. Secure windows, doors and any loose items.
Community Center/Tennis Center:
1. Notify all programs and service providers to cancel activities until further notice.
2. Contact staff to report to the Community Center to assist as needed.
Parks Maintenance:
Assemble staff as required (including assistance from Recreation staff and dispatch as
required to perform the following preparations:
A) All America Park
1. Empty all trashcans and store inside Palmer Park batting cages.
B) Brewer Park
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1 Empty all trashcans and store inside Palmer Park batting cages.
2. Turn picnic tables over and chain to secure object.
3. Wrap swings around top of playground and secure.
C) Dante Fascell Park
1. Empty trashcans and store in restrooms.
2. Wrap swings around top of playground and secure.
3. Roll up windscreens on tennis courts and secure to fence.
4. Remove and store benches, tennis nets, brushes, brooms, etc. in restrooms.
5. Turn picnic table(s) over and chain to secure object.
6. Turn off all electric and water; close and lock pro shop and gates.
D) Fuchs Park
1. Empty trashcans and store in restrooms.
2. Wrap swings around top of playground and secure.
3. Turn picnic table(s) over and chain to secure object.
4. Turn off all electric and water; close and lock restrooms.
E) Murray Park/Community Center
1. Empty all trashcans and store inside Mobley building.
2. Turn picnic tables over and chain to secure object.
3. Secure swings on tot -lot.
4. Remove computers and other equipment from the floor, unplug and cover.
5. Coordinate back up of computers with MIS Manager.
6. Turn off all electric and water; close and lock buildings and gates.
F) Palmer Park
1. Empty all trashcans and store inside batting cage.
2. Turn picnic tables over and chain to secure object.
3. Secure all portable bleachers.
4. Roll up windscreens and secure to fence
5. Secure swings on tot -lot.
6. Turn off all electric and water; close and lock buildings and gates.
G) Van Smith Park
1. Empty trashcans and store inside Palmer Park batting cages.
2. Remove and store benches.
1-1) Marshall Williamson Park
1. Empty trashcans and store inside Palmer Park batting cages.
2. Wrap swings around top of playground and secure.
I) Jean Willis Park
1. Empty trashcans and store inside Palmer Park batting cages.
2. Turn picnic tables over and chain to secure object.
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J) Senior Center
1. Coordinate with Miami -Dade County to secure the building.
All staff may be re- assigned to other areas and will remain on site until released by the
Parks and Recreation Director as advised by the EOC.
THE STORM EVENT:
Staff may be required to be on site at the EOC during a storm event in order to respond to
emergency situations immediately following the event.
AFTER THE STORM EVENT:
ALL staff will report to the Recreation Center immediately upon receiving notice that the EOC has
cancelled the Hurricane Warning and issued an "All Clear ". It is the responsibility of each employee
to remain informed as to when to report back to work. Depending on the severity of the storm,
Parks and Recreation Department employees may be assigned to assist the Public Works Department
in the clean up of City streets. If not assigned to assist the Public Works Department, staff will be
directed to restore the City's parks to pre - Hurricane condition in the following order:
I.
Murray Park/Community Center
2.
Dante Fascell Park
3.
Palmer Park
4.
Fuchs Park
5.
Brewer Park
6.
Marshall Williamson Park
7.
Van Smith Park
8.
Jean Willis Park
9.
All America Park
Debris removal will remain the top priority throughout the recovery efforts with secondary
consideration given to restoring parks and programs.
The coordination of large volunteer agencies, i.e. American Red Cross, United Way, etc. will be the
responsibility of the Emergency Operations Center. All volunteers wishing to assist in the clean-up
efforts of the Parks and Recreation Department will be assigned to specific work crews supervised
by experienced team leaders. As a safety precaution, no machinery will be assigned to volunteers;
their main duties will consist of handwork involving debris removal, raking, shoveling, etc.
S&Z
Residents
Daily Fee
Annual Individual Permit
Annual Family Permit
Non - Residents
Daily Fee
Annual Individual Permit
Annual Family Permit
Annual Team Fee
EXHIBIT "E"
DANTE FASCELL PARK TENNIS FEES
Existin,z (includes taxj
$3.00/1-lour
$150.00
$200.00
$4.00/7Hour
$426.00
$532.50
$200.00
Please note that hourly rates and permit fees will remain the same, and that residents have until
Dec. 31, 2004, to join at that rate, without proration, through September 30, 2005. On January 1,
2005, we will re- evaluate these rates, and if necessary, make appropriate adjustments in order to
properly maintain a fair balance of the various court uses.
1
EXHIBIT "F"
PROFESSIONAL TENNIS INSTRUCTION FEES
Programs (Clinics) & Lessons
Private Lesson John McLean
Private Lesson Francisco Montana
Private Lesson other Staff Pros
Adult Clinics (1.5 hour duration)
$60 per hour, $35 per 1/2 hour
$60 per hour, $35 per 1/2 hour
$50 per hour, $30 per 1 /2hour
$18 Residents
$20 Non - Residents
Junior Clinics (Beginners - Intermediates) $90 Residents (for eight (8) 1 hour sessions)
$105 Non - Residents (eight (8) 1 hour sessions) $13
Residents (Casual, one (1) hour rate
$15 Non - Residents (Casual, one (1) hour rate)
Junior Clinics (Advanced, 1.5 hour)
$135 Residents (for eight (8) 1.5 hour sessions)
$155 Non - Residents (eight (8) 1.5 hour sessions)
$18 Residents (Casual, 1.5 hour rate)
$20 Non - Residents (Casual, 1.5 hour rate)
Tournaments $15 to $45 depending on type of even.
41-
EXHIBIT "G"
MINIMUM MAINTENANCE STANDARDS
DAILY COURT MAINTENANCE
By following these procedures, your HAR -TRU tennis court will play and look great. Long term
quality control involves specific daily responsibilities; morning, mid -day and ' evening.
L"1310901044
1. Inspect and repair any surface damage. If baseline areas require divot repair, lute and re -dress
as necessary.
2. Remove any weed growth problems or foreign debris from the surface.
3. Inspect tapes and nails for lifting or shifting.
4. Groom the surface with either an Aussie Clean Sweep or a Drag Brush. Make wide turns
with the drag brush to avoid accumulation of HAR -TRU material. The Aussie Clean Sweep
serves a dual purpose; as a smoothing /leveling tool (with the teeth in the up position) and a
debris remover (with the teeth in the down position).
5. Sweep the line tapes. Ensure that the line tape area beneath the net line has been swept. The
Line Scrub may be required to remove any surface material that adheres to the line tape.
6. Roll the surface if necessary. Avoid twisting and tuning motions that cause surface damage.
As the frequency of rolling is increased, the following results are achieved to a greater extent
up to a point of diminishing return:
1. Moisture is retained in the surface profile for a longer period of time.
2. The surface becomes firmer and faster.
3. The rate at which "dead material' accumulates decreases.
4. The potential for surface erosion decreases.
7. Sweep the line tapes after the surface has been rolled for a cleaner looking line (optional).
8. Ensure that the net and center strap are set correctly.
9. Clean off benches, coolers, cooler stands, etc. that are on or near the tennis court. If these
items are kept on the court during the season, move them and groom the surface below on a
regular basis.
10. Wash out the Tennie Two -Step on daily basis if possible.
11. Inspect windscreens.
12. Ensure that the Line Sweeper, Aussie Clean Sweep and Drag Brush are stored properly and
do not pose a hazard to players.
The main objective of mid -day maintenance is to ensure the tennis courts look and play as well in the
late afternoon as they do in the morning. How this objective is accomplished depends on the
following factors:
1. The time available for completion.
2. The existing and forecast weather conditions; temperature, cloud cover and relative humidity.
3. The amount of moisture in the surface profile.
4. The existing court conditions given the amount of play that morning.
5. The forecast reservation hours for the remainder of the day.
-42-
Those with experience understand how tennis playing conditions could be adversely affected if the
requirements for quality control are not met during a maintenance period on a hot afternoon. Always
forecast and schedule (in advance) adequate time for proper maintenance given existing conditions.
The ideal situation would be for maintenance time to be such that the courts could be brushed, the
lines swept and the surface watered properly, leaving time available for any surface water to drain
before the courts re -open for play. The moisture level in the court profile should remain adequate
until the next maintenance period.
C. EVENING
The main objectives of evening maintenance are adequate brushing and thorough watering to ensure
quality playing conditions for the following day.
1. Brush in alternate directions if possible, particularly around the baseline area, to smooth the
surface prior to watering. Alternate the direction of brushing on a nightly basis.
2. Water the court in a cycling method to accomplish a uniform and thorough watering during
the course of an evening with as little run -off of water as possible. The proper timing of
watering cycles is best determined by observation. The ideal situation would be for the court
profile to retain adequate moisture until the next maintenance period.
WEEKLY COURT EVALUATION/MAINTENANCE
1. Inspect surface material for any build -up that needs to be removed; particularly along the net -
line. A Lute /Scarifier, scoop shovel and a wheelbarrow may be required.
2. Inspect the court surface for any types of algae, grass, lichens, moss or weed problems that
may require physical removal or chemical treatment. Total algae control is best achieved by
the following guidelines A through G:
A. Agitate all low play areas of the tennis court periodically with the Proline Steel Drag Mat,
a Lute /Scarifier or the LEE Tow Scarifier. Do not pull these tools over the line tapes.
B. If a growth appears, a surface treatment of dissolved soluble spa chlorine (Di- Cloro -S)
should be applied. A solution of one cup of spa chlorine mixed with forty gallons of
potable water should be prepared. Wait five to ten minutes, then re -mix the solution. This
solution should be sprayed on a dry court, and the growth area should be sprayed heavily.
Spray four to eight feet beyond any visible growth.
C. If a sprayer is unavailable, granulated chlorine, or a pre- emergent herbicide (Treflan) can
be applied over the areas of growth and watered in by hand.
D. Allow 24 hours for the chlorine to kill the growth problem. Follow up by scraping the
dead growth off the court and disposing of the growth properly.
E. Stay on top of growth problems by constant observation and preventive maintenance
practices.
F. Consult the county agricultural cooperative extension agent prior to the purchase
and application of any chemicals.
G. Always read the entire label and follow any safety precautions prior to chemical
applications.
3. Periodic leveling/smoothing of the court surface may be required, particularly in areas of
heavy play. The LEE Proline Drag Mat is designed to deliver a super leveling effect when
used in conjunction with either the Aussie Clean Sweep or the Proline Drag Brush. The best
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time of day for smoothing the surface is during the afternoon. Do not pull the drag mat over
the line tapes.
4. Periodic observation of the irrigation heads while the system is running is the best preventive
measure to ensure thorough and even water distribution.
IIAR TRU SURFACE RECONDITIONING
The main objectives of surface reconditioning are to remove and replace the worn and weathered
surface material while maintaining the properly established slope of your IIAR. -TRU court. The
requirements for quality control will be met when reconditioning is accomplished properly and in the
following sequence:
1. Ensure that the court surface is firth enough to accommodate foot and light equipment traffic
before you begin the reconditioning process. Those with experience know the benefits of
proper timing, as well as the costs associated with trying to open a tennis court too early.
2. Remove any foreign debris such as branches, leaves and weeds from the court surface.
3. Brush and roll the court surface repeatedly until the surface is smooth and firm.
4. Lute into piles and remove the "dead material' that may have accumulated since last season.
The "dead material' is that amount of loose surface material that has fallen out of prescribed
gradation as a result of wind and water erosion and tennis play. This portion of the surface
material is lighter in color and are the larger particle sizes of the mixture. A Lute /Scarifier,
flat scoop shovel and a wheel barrow or cart are needed for this task.
5. Brush the entire surface repeatedly to re- distribute and re -level the retraining topdressing.
6. Identify and patch any low areas of the court surface. Those areas immediately behind and in
front of the baseline where most of the play takes place will be the most obvious in need of
particular attention. These areas are easily identified by observation after a rainfall and
stretching a masons line over and marking the perimeter of the low areas. New IIAR. -TRU
can then be applied and leveled with the straight edge of the LEE Drag Brush/Lute or an
aluminum extension ladder.
7. Experience has shown that hand luting the alley, center, base and service line areas with
enough new topdressing to fill the old nail holes and level the surface prior to topdressing is
very beneficial.
8. Topdress the entire court surface with IIAR -TRU using a spreading device that ensures an
even application of surface material throughout. The amount of HAR -TRU required is unique
to each site and generally depends on the average depth of surfacing present. Ensure that the
topdressing is applied at a rate of not more than one ton per application.
9. Immediately begin brushing the new topdressing before moisture migrates up from beneath
the existing surface and adversely affects the smoothing/leveling process. Depending on
climatic conditions preceding reconditioning, the court surface may have an amount of
moisture that requires immediate brushing after each pass of the topdressing spreader. As a
general rule, better results are obtained when working with a surface that is as dry as possible
during reconditioning, followed by a light overhead watering, a waiting period and then
rolling.
10. Irrigate the surface by hand with a shower that is as gentle and as thorough as possible.
11. Stay off the newly resurfaced court for at least 24 hours. Allowing the topdressing to absorb
moisture and become firm is an essential element of long term quality control.
MEE
12. Continue the smoothing and leveling process by slowly brushing the surface in two directions
making wide turns at the end of each run.
13. Roll in a back and forth method without turning sharply.
14. Continue alternating steps 12 and 13 until the desired results of smoothness and firmness are
achieved.
15. The surface should be in playable condition before proceeding with the final tennis court
preparation.
THE APPLICATION OF HERBICIDES FOR WEED CONTROL
The main objective of herbicide use on the tennis court is to apply the proper chemical in the correct
manner to achieve an adequate level of weed control. For the most part, weed growth becomes a
problem on the areas of the tennis court where the least amount of traffic occurs, around the inside
perimeters and along the net line. A basic understanding of herbicides is essential before one makes
any decisions involving the purchase, mixing and application an herbicide. Herbicides used on the
tennis court surface fall into 2 general categories, Pre - emergent and Post - emergent.
1. A Pre - emergent herbicide provides a measure of weed control if applied properly by forming
a chemical barrier on the court surface that interferes with the germination process of a weed
seed. The weed seed actually germinates, absorbs the chemical through the emerging root,
then dies. DowElanco's Surflan is a widely used pre- emergent herbicide in this category.
2. A Post - emergent herbicide provides a measure of weed control if applied properly over the
leaf surface. The chemical is absorbed by the leaves and in most cases is trans- located
throughout parts of the plant before the weed dies. Post- emergent herbicides are classified as
either SELECTIVE, meaning that they control only certain broadleaf weeds or NON-
SELECTIVE, meaning that they control everything that they are applied to.
3. The most popular selective herbicide would be a lawn use herbicide from Ortho. The most
popular non - selective herbicide is Roundup from the Monsanto Corp.. Roundup is the safest
and most widely used non - selective herbicide in this category for weed control.
4. A combination of both pre - emergent and post- emergent herbicides can be employed very
effectively to accomplish both objectives of controlling existing weeds and weeds that have
not yet germinated. However, only certain herbicides are compatible, meaning they can be
safely mixed together. Roundup and Surflan are examples of compatible herbicides and this
combination is used extensively throughout the United States.
5. Always read and understand the entire label on any chemical before use and always consult
with the county extension agent for advise on any weed problem.
6. A pre- emergent herbicide for the control of grass -type weeds should be applied on the court
surface along the fence -line and along the net -line before the court opens for the season if the
surface is weed -free. If any broadleaf weeds remain on the surface after reconditioning, an
application of Surflan + Roundup should be made. Read both herbicide labels before making
subsequent applications.
7. The method of herbicide application is the key to quality control. The most popular method
employs a polyethylene hand pump sprayer capable of holding between 2 `/z and 5 gallons of
water.
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The mixture is then applied by maintaining constant pressure and agitation, a constant walking pace
and by keeping the spray nozzle at a constant height above the ground. This method ensures that an
evenly distributed band width of chemical has been applied correctly.
1!111311!
EXHIBIT "H"
CITY -OWNED EQUIPMENT TO REMAIN ON SITE
Cushman 3 -wheel Scooter
Court Roller
Court Broom
Line Sweeper
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