03-15-05 Item 14CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER - OFFICE MEMORANDUM
To: Honorable Mayor, Vice Mayor &
City Commission
From: Maria V. Davis
City Manager '
ORDINANCE
Date: March 15, 2005
South Miami
bAd
2001
Agenda Item #
Authorizing the Cit Manager to enter
into an agreement for the management
and operation of the Dante Fascell Park
Tennis Center
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA, RELATING TO LEASE OF CITY PROPERTY; PROVIDING FOR
LONG -TERM MANAGEMENT AGREEMENT WITH MONTANA/MCLEAN TENNIS, INC.
FOR TENNIS SERVICES AT DANTE FASCELL PARK; PROVIDING FOR
SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE.
BACKGROUND AND ANALYSIS
As you will recall, in July 2004 the City Commission adopted Resolution #110-04-11889
authorizing the City Manager to negotiate and enter into a contract'with Montana /McLean
Tennis Inc. for the management and operation of the tennis center at Dante Fascell Park
(see attached). Following the adoption of the resolution, a contract was completed and
Montana /McLean began operating the tennis center on the City's behalf. Montana /Mclean
has staffed, maintained and operated the facility in accordance with the agreement since
the contract was completed. In addition, all of the monthly payments required by the
agreement have been made by Montana /McLean in a timely manner. These monthly
payments will guarantee that the City nets over three times more revenue this fiscal year
than the previous six fiscal years combined (see attached tennis revenue history).
During the time that Montana /McLean has been operating the tennis center on the City's
behalf, we realized that this contract falls under Article II, Section 6 (6) of the City Charter,
and requires City Commission approval through the adoption of an ordinance as opposed
to the previously used resolution. We are, therefore, re- submitting the request, via
ordinance, to authorize the City Manager to enter into a contract with Montana /McLean
Tennis, Inc. for the operation of the Tennis Center at Dante Fascell Park for an initial three-
year term.
RECOMMENDATION
We recommend that the City Manager be authorized to enter into the agreement with
Montana /McLean Tennis Inc. for the maintenance and operation of the Dante Fascell Park
Tennis Center.
SOLUTION NO. 110-04-11889
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO
NEGOTIATE AND ENTER INTO A CONTRACT N WITH
OPERATION OF THE
AICLEA TENNIS MANAGEMENT FOR THE
TENNIS CENTER AT DANTE FASCELL PARK; PROVIDING AN
EFFECTIVE DATE
WHEREAS, the City of South Miami's Dante Fascell Park Tennis Center has recently
undergone court renovations; and
WHEREAS, it is in the. City's best interest to continue to upgrade all of its facilities and
programs and to derive the maximum amount of revenue possible from these facilities; and
WHEREAS, in an effort to increase revenues at the Dante Fascell Park Tennis Center, the
Parks and Recreation Department advertised a Request For Proposals to provide comprehensive
tennis management and operations services for the Dante Fascell Park Tennis Center; and .
WHEREAS, Montana McLean Tennis Management was the highest ranked proposal
submitted in response to the Tennis Center RFP.
NOW,, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH 1VIIAMI:
Section 1. That the "City Manager is authorized to negotiate and execute a
contract with Montana McLean Tennis Management for the provision of comprehensive
tennis management and operations services for the Dante Fascell Park Tennis Center.
Section 2. This resolution shall take effect immediately upon execution.
PASSED AND ADOPTED this 20tday of JulY 2004:
ATTEST: APPROVED:
Opp
Y CLE OR
Commission Vote: 5-0.
READ AND APPROVED AS TO FORM: Mayor Russell: Yea
Vice Mayor Palmer: - Yea
Commissioner Birts - Cooper: Yea
Commissioner Sherar: Yea
r Commissioner Wiscombe: Yea
CIT ORNEY
4
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�t o Rio CITY OF SOUTH MIAMI
INTER- OFFICE MEMORANDUM 2001
To: Honorable Mayor, Vice Mayor & Date: July 20, 2004
City Commission
From: Maria V. Davis ' Subject: Agenda Item 4—ff
City Manager Authorizing the City Manager
to negotiate a contract for the
operation of Dante.Fascell
Tennis Center
RESOLUTION
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI,
FLORIDA, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND ENTER INTO
A CONTRACT WITH MONTANA MCLEAN TENNIS MANAGEMENT FOR THE
OPERATION OF THE TENNIS CENTER AT DANTE FASCELL PARK; PROVIDING AN
EFFECTIVE DATE
BACKGROUND AND ANALYSIS
For many years, the Tennis Center at Dante Fascell Park has been operated by the City"
of South Miami through a contractual employee. This contractual employee has had the
responsibility to maintain the courts, schedule reservations and lessons, collect
revenues for deposit with the City and generally operate the Tennis Center on the City's
behalf. Over the past few years, revenues derived from the 'operation of the Tennis
Center have continued to decline. Total revenues less expenses for the contractual
employee and other various maintenance costs have resulted in net revenues of less
than $4, 000.00 annually. Additionally, until the recent tennis court renovations were
completed, maintenance of the courts began to suffer. We believe that the right
management firm will increase the City's revenues substantially while providing a more
professional product to our residents and visitors.
In an effort to improve the tennis experience for patrons who utilize the newly
constructed courts, the Parks and Recreation Department advertised a Request For
Proposals (RFP) to provide ` comprehensive tennis management and operations
services for the Tennis Center. A copy of the Scope of Services section of the RFP is
attached for reference. The RFP was advertised in the Miami Business Review and
notices were sent to area firms and individuals that had expressed an interest in the
Tennis Center operations.
A mandatory pre - proposal conference conducted on May 4 was attended by 14
potential proposers. Four responsive proposals were received by the deadline
established in the RFP. An evaluation committee was ` established to review and
evaluate the proposals and to make a recommendation concerning the most- qualified
proposal. The evaluation committee consisted of Patricia Perry, Parks and Recreation
Director for the City of Miami_ Springs, George Parrado, a Regional Parks and
Recreation Manager for Miami -Dade County and City staff Alan Ricke, Charles Blazek
and Kathy Vazquez. The committee met on June 3 to evaluate the proposals and
unanimously ranked Montana McLean Tennis Management as the number one
proposal. We have attached a copy of the proposal from Montana McLean and an
evaluation form summarizing all of the proposal scores.
The attached resolution would authorize the City Manager to negotiate and enter into a
contract with Montana McLean Tennis for the operation of the Tennis Center at Dante
' Fascell Park. The contract will require the operator to provide complete supervision,
maintenance and operation of the Tennis Center on the behalf of the City, contract
will include language requiring that the operator provide adequate insurance and
indemnification, payment by the operator -to the City, maintenance and operation
standards, etc.
RECOMMENDATION
We recommend that the City Manager be authorized to negotiate and enter into a
contract with Montana McLean Tennis Management to provide comprehensive tennis
management and operations services for the Dante Fascell Park Tennis Center.
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CD
I ORDINANCE NO.
2
3 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
4 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO LEASE OF CITY
5 PROPERTY; PROVIDING FOR LONG -TERM MANAGEMENT
6 AGREEMENT WITH MONTANA/MCLEAN TENNIS, INC. FOR TENNIS
7 SERVICES AT DANTE FASCELL PARK; PROVIDING FOR
8 SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE
9 DATE.
10
11 WHEREAS, the Mayor and City Commission of the City of South Miami desire to
12 execute a professional tennis management and operations agreement for tennis services at the
13 Dante Fascell Tennis Center ( "the Center "); and
14
15 WHEREAS, the city charter at Article II, Section 6 (6) requires the lease of any city
16 property to occur by ordinance; and
17
18 WHEREAS, on April 26, 2004, Request for Proposals No. 2004 -0514, for
19 Comprehensive Professional Tennis Management and Operation Services at the Center
20 (the RFP) was issued with a due date for submission of proposals of May 14, 2004; and
21
22 WHEREAS, on July 20, 2004, the City Commission accepted the recommendations of
23 the RFP Evaluation Committee and authorized the City Manager to negotiate and enter into
24 a contract with Montana /McLean Tennis, Inc. (Contractor), as the most qualified proposer
25 pursuant to the RFP, to manage and operate the Dante Fascell Tennis Center (the Center); and
26
27 WHEREAS, the negotiations have successfully concluded with the terms and
28 conditions stated herein, as the basis of the agreement for the comprehensive professional tennis
29 management and operations services at the Center.
30
31 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
32 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
33
34 Section 1. Pursuant to Article II, Section 6 (6), the City of South Miami grants to
35 the Contractor, Montana /McLean Tennis, Inc., the exclusive right to operate and manage
36 the City's Dante Fascell Tennis Center, in the management agreement attached and
37 incorporated by reference into this ordinance as exhibit 1.
38
39 Section 2. The City Manager is authorized to execute the attached management
40 agreement.
41
42 Section 3. If any section, clause, sentence, or phrase of this ordinance is for any
43 reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not
44 affect the validity of the remaining portions of this ordinance.
45
I Section 4. All ordinances or parts of ordinances in conflict with the provisions of this
2 ordinance are repealed.
3
4
Section 5.
This ordinance shall be codified and included in the Code of Ordinances.
5
6
Section 6.
This ordinance shall take effect immediately upon enactment.
7
8
PASSED AND ADOPTED this day of April, 2005.
9
10
ATTEST:
APPROVED:
11
12
13
CITY CLERK
MAYOR
14
15
1St Reading —
16
2nd Reading —
17
18
COMMISSION VOTE:
19
READ AND APPROVED AS TO FORM Mayor Russell:
20
Vice Mayor Palmer:
21
Commissioner Birts - Cooper:
22
CITY ATTORNEY
Commissioner Sherar:
23
Commissioner Wiscombe:
24
EXHIBIT I
AGREEMENT BETWEEN MONTANA/MCLEAN
TENNIS, INC. AND THE CITY OF SOUTH MIAMI TO
PROVIDE PROFESSIONAL TENNIS MANAGEMENT
AND OPERATIONS SERVICES AT DANTE FASCELL
PARK
INDEX
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
33
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
Litter, Garbage and Debris Removal
15
11.5
Equipment
15
11.6
Orderly Operation
16
11.7
No Dangerous Materials
16
-2-
SECTION
TITLE
PAGE
11.8
Security
16
11.9
Inspection
17
12.
INSURANCE
17
13.
INDEMNITY
18
13.4
Subrogation
19
13.5
Force Majeure _
19
13.6
Labor Dispute
19
13.7
Waiver of Loss From Hazards
19
14.
DEFAULT AND TERMINATION
20
14.1
Bankruptcy
20
14.2
Default in Payment
20
14.3
Non - Monetary Default
20
14.4
City's Remedies for Contractors Default
21
14.6
Surrender of Center
21
15.
ASSIGNMENT
22
16.
SPECIAL EVENTS
22
16.2
City Special Events
22
17.
NO IMPROPER USE
23
18.
NOTICES
23
19.
LAWS
24
19.1
Compliance
24
19.2
Governing Law
24
19.3
Equal Employment Opportunity
24
19.4
No Discrimination
24
20.
MISCELLANEOUS
24
20.1
No Partnership
24 ,
20.2
Modifications
24
20.3
Complete Agreement
25
20.4
1 Headings
25
20.5
Binding Effect
25
20.6
Clauses
25
20.7
Severability
25
20.8
Right of Entry
25
20.9
Not a Lease
25
20.10
Signage
25
20.11
Conflict of Interest
26
20.12
Reasonableness
26
20.13
Procedure for Approvals and /or Consents
26
20.14
No Waiver
26
20.15
No Third Party Beneficiary
26
21.
LIMITATION OF LIABILITY
26
22.
VENUE
27
SIGNATURE PAGE
28
EXHIBITS
29 -47
-3-
AGREEMENT BETWEEN
CITY OF SOUTH MIAMI, FLORIDA AND MONTANA/MCLEAN TENNIS, INC.
FOR TENNIS MANAGEMENT AND OPERATIONS SERVICES
AT THE CITY'S DANTE FASCELL PARK TENNIS CENTER
THIS AGREEMENT made this day of , 2005, 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').
WITNESSETH
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 herein, and subject to all the terms and conditions herein
contained.
SECTION I. TERM
1.1 This Agreement shall be for an initial term of three (3) years, commencing on April 1, 2005
(the "Commencement Date "), and ending on March 31, 2008.
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.
-4-
SECTION 3. USE(S)
The CONTRACTOR is hereby. authorized to conduct the following (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 Tennishacity
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 these customarily associated with the operation of a public tennis center, including
permitted Special Events (as de . , in Section 16) related ,td such public tennis center activities,
and those specifically included in the Request for Proposals Igo. 213134- 13514; Scope of Services,
attached hereto as Exhibit "C'z
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 aprime consideration and must be-balanced accordingly with the services
to be prodded 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 Might to use the Center. , shall not be infringed upon by -any. activity of
I
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
ire, 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 sane,
to provide high-quality, affordable tennis services to the City's residents and
sitars; and to progressively upgrade tennis service at the Center.
3,2 Prohibited Activities
CONTRACTOR shall. Wt. 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 far,
or to permit the operation of any offewive; tnoisy .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 wild not allow the Center to become unoccupied or vacant. CONTRACTOR shall
take appropriate precautions to prevent fire on the Center; maintaining extinguisbingequipment at
6-
_7e
the City, which shall to 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
ePPect throughout the Term of this Agreement.
(ii) A letter, in a form satisfactory to the City Manager or his designee, from
federally insured financial institution evidencing, as of the date of the letter;
CONTRACTORS abif ty to provide the necessary funds to perforrn pursuant
to the Agreement.
The parties agree and acknowledge that the preceding conditions (r) =(ig°) 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
ut
er 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 ther CONTRACTOR pursuant
to this Agreement, and CONTRACTOR'S- further agreement and acknowledgement to perform
and wish 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
shah 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.
Aft` .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
nianagerr►ent 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 'aunts 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 terns 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 Cites 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,
-8-
records shall be maintained in accordance with generally accepted accounting principles: and shad
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 sly maintain accurate
receipt printing cash registers or a like alternative at the Center which will record and show the
payment for every sale made .car service provided on the enter; 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 AL IT
CONTRACTOR shall maintain its financial records pertaining t€� its. operations for a period of
I p � p
three (3) years after the conclusion of any ,contract year and stitch 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 CONTRACTORS 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 ran. The City shall be responsible for paying all costs associated with such audits, mess
the audit(s) reveals a deficiency of five percent, (5 %) or more in CONS CTOR S statement of
revenues for any. year or years audited, in which case CO T ALTO 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 star equal to the amount of the deficiency revealed by the audit, plus interest; provided,
how =e ver, the audit shall not be deemed finnal until CONTRACTOR has received the audit and has
had a reasonable opportunityy to review . the audit and discuss the audit ' with the City.
!
TRACTOR O shall + .� 4 T t + f
CON ksa�i�,'a � �aaiaall :,seTbiaaiaL° at the Brad. ok each contract year,: a�^i. a:ud�Led annual staLe_">neYa� �a _
in rcaiicsr ii Laa consL+nt i4h gcncraay evi.jt d u:s€st yriaialaS,
It is CONTRACTORS intent to stay informed of conirnments, from and suggestions by the City
f4 TTl3 A T'[�� "o «. . ,1,... t ..4 5IPa4ti.' 4Z 'vi.: fBf1l 3_ys �? �. 1-
rcjgard9rag x.r0.e1NIRS"�i.rk �..i.A�>.s }rc�.kd�a�.aianec 'tiered a €c Agrc ,Fn cr.e.... vx as.ase�i.� La�airt X30 mays c` f1c 1121
end. of each contract y ear CONTRACTOR CTO and City. .shaft meet to review CONIRA.C` O 'S
a : , s , ,,. �, .n. ..
�ri�ri"'Ti P�caaa.,i. "ia,Lca a.�ss: r��k'�:ia €c�.t iv"'i3 is pae�iv s:>�:3�:�'c�€�t ��..c3.:. ran ;€aaJ aii€�C�.Ing,
CO WT ��1I and $guy may discuss quality, operational, i iten�n€ e and any other issues
g a .3... 6'�CITiT'$'€B A i'!"�T'F'�Y'�i£'� f dcr the A 4 ..
r�. a�" a:.. av k���.� k �..rkti � �rk�.�aiaa�sa�c� ti:ac�e�k Lana: s-s�,ae..��iaas�EaL.
€�.#iTa N. . A A � V S, '1',.L_3SEQ,k�.7.� €-jai sae .t�.i"9 €# l J € a � •€ € -CAU -
7.1 CONTRACTOR agrees to and _shall pay before delinquency all taxes and assessments of any
ir`..... .� .. �n�. ' ... 7 l"•f'kA %'-L ", A ';.$' and' .$ S4 .43 ..«.. .. 4
w, ealak tass.cssed 'or 1c Vic. upon �..�Vk`€ a kL['S\'.. k Van, caaad wit 'aS €—1 or. t3&.€.l�L U.C. 6 crft
provided in subsection ? 2, by reason of this Agree ent or by reason of the busine s or other
aa a aaaa. , 3k L et -§i -3i 3 • : • ar-r ACT"' 1 a_
c4 44;. -r1 fn Arrs al -L r_-4 upon o or. o 3ec4on. W fv WLU
UAYil
the. right, at its ow expense, to contest the amount or v tid y, i—n whole, or in part, 'of any tax
� oo t' and/or a'sc a% —ill t appropriate r ;a d gs s 4 ice.
if) e
CONTRACTOR may refrain from paying a tax or assessment to the extent it is contesting t
#. *'.
a
„
,ff.... Te
for cause pursuant to Section 14. In the alternative, should the City not opt' to terminate t
Agreement as provided there4 it shall have prior written approval as to any replacement of
Principal 'fi 'tr subsequently offered 1' CONTRACTOR.
In connection with the performance of its responsibilities hereunder, CONTRACTOR may hire it
Own {',• " and/or independent contractors, who will be employees and/or ?Ill- i-
contractors of CONTRACTOR and not of the City. CONTRACTOR shall select the number
function, con7pensation, including benefits any), and may, `. discretion , l i at any
adjust or - the term and conditions relating to such employees and/or II:i.e f'qs
contractors.
-i1-
Tennis Pro ssional, Venter M- miagers, aid Prsneipal—s €psi e'�?�r�C` €rake �r4�vtj��c��re aa�c�
- -° �-
wR3viEa.�.it4ti.� dLt• lsFid -2 F.af t:dSlt Cd6rdti.ft$. E55tL! t6.+- dta!$.;€a c?E;rll Y3lEL°j tLa!✓tf3if EE35.��1 ?Eiflt26.%!, - tt.%EtE $i€t uEl
a ainntenairce and related activities,
8.4 Un?fnrms Identification & Character
E"If� \i'1'€�!!f'"5'f'e�3 tnu..p uu:n4 contract-Ors sRtnd ,v,ai u,propriatc . . .
affnUel, such that Center patrons can easLIy identify CO RACT R and its ej i�, e andlor
3 i€tmFeri % ca4 aoi4aalors . AM 11 employ-acs and/or teutpc gslai tt vis4tactors saEU8t 1 :bs€am, ilul 4—
itEa.
graces of personal grdcn-p-h?g. Tlie C-ONI RAC°TCR shall hire people to ivvork in its operation who
ar lr a shall <4 dl, .4,.. r
Gait 3t%iai, etcctdt, YY$dd r a IM -ls.! 3 :€a Mau i�alt'a��iia! tde- a4+birc `su is g_roicssiomm and courtcous
an er. The CON'I`F- CTOR, and any persons hired by same, shall comply with. the pre-
r t"il riv €ttepit r tpiddietata plt and Scat` axarus as tsasa€Ftdsdtv€a by €!te 't! a31 .iaauada t sBcataEaa ssalttt '
Resources Department. If CONTRACTOR material y fails 'to conrply with these provision. the
City =w sio_€,l ii4d.ea is il GTr:sap iais . a se .fN! sA T lti s a 8
hia "vi, a:.'E %x�:.w,asc a°s.e�i�s istEaeE :ova or
managTers overseeitg the Center and related operations at all times Center is open to the .geaerA
. u, Iic
.5 Barkgrounds. and Drum Scree- Requirer -ents
- *-r as • f --a-OR 1 a a ....z ;.,.n4n ,��
sdtir ��issEti� imss , an its tst �tv;}�ccs anud or indcp cn acut contractors,
s ��tsxEi i3ta'scrgv a
comprehensive background cl>ec . and drug., screen; in accordance with the City's process a_l d
ttsac�a €iltEd t ca a t€ rx as t v ee a s tea �,ttvr i s It ±:xtd' uti� Cc t cr', ; to e'er gir c i2 io.— t"umt- and/or
delivery of services. Employment may be contiigent upon satisfactory results as deterniined by
s 1 3 1. – the 101,
3 3� % e^ d f � 39:€�
Ltta� 1 d €•y. a, ost vs sad a sI sh adt !rte taa� s1� a s4r �r. s : ss> a.
aF.a:rE:.aB.ixte .F.aer�rt,• i€s:s.t.�c-s.aEt.�z, e,.,g.,.ys�g:.s.a.�r�...e:s "FTC A
9-1. Boors Qf Da=ily Operations
s-„-_ S% ,$- s... 4:%�. s"+_ -s 4,,.. Tom, ._- 1) AA n' A�sT- ;.3�.,,,, -L
a dta viw say. d� t Avt shads v ii' am'd :�pc a €c ltta �..e atc for play 1&011t €8,v€r r -ml. `o, sundown,
eatery day of the year, with the exception of closures due to weather :conditions or events of force.
• 'E-,. uli ays a ter b ,
the T'i" R .� {"t'i"`d' eTS .3 l City. €:
Ap3ca a�%eie , and aad" iniit aac?tiuea s castio d is i eaE tip !-0:e �`O wdsL s� s -e Fsa cati� ttte,
€ 2 Clnge in Hours ofperatpn
tatty}' :✓aerie sEr. Ltdae i3v .CiR E:s.•. i3 ,3�«tLS ;1 +€E .:i €dC'!Ed �3ir UL. 'WC �•ily s sole 4.i#ptivo2l an $3.,1s7✓3:LE$i-n � C?ny
request by,, CONTRACTOR for an increase or decrease in .same _shard be subject to the prior
,writfcu approval EiYZai V.f ti V i icpn3�a_gc or his ul sbgncc.
9.3; Court itsae
^2 nr �3 ., .�;a y the s ate, ?_ 1� ,s
9r�,w 'i 31*�I it i £isA. an the i. in : +v$. ognis E -c ttdaL in i3f ESl Lei akYi.) b idc +c*+3�ti 3Z t�.- �tdirs3:RBy -c PS43 €aSslonalj
Iem,:,S Mal-ragenient at the Center, CGINT ACTOR must provide sen ces to a wide variety of
tcnnt'ds p aulons (casuals aa- C-Ma- tionall stay, lC a�,s€�: play', .v€!!_tca�`t�a't S .watts j iaa rGIUst� -d'ub -ins tuE'dsva
and adult clinics, private lessons, etc.). CONTRACTOR agrees that, in order to properly balance 11 a� Lttd adt�,€ vs . i ud€ a€sie ,:.a tta ! C i sidEi ��s -l–bi — s€ai ada i gam, i +. i fs c €,s vs will'
ttttp3tietttiEEE! 4ddL tA3ldE. lfE*tidg sltt.s€F €SdB.:
September through June:
Days
Times
Court Usage Number of ou
M—F
7:30 am. to 9:30 am.
Recreational Play 4
9:30 ,,.m to ri am.
Ladies , . , ,
M-F
9:30 a.m. to 11:30 a.m.
Recreational Play 2
i p.m. to 101,
Recreational play 5
3:00 p.m. . ) 1 p.m.
i o i . Beginners
M—F
3:00 p.m. to 4:30 p.m.
Recreational play 3
M—F
4:30 p.n-L to 6-00 p.m.
After Schools Clinics Int.-Adv. 3
1 p.m. to 7:00 p.1n
Recreational a °'' °-
sat-sun
7:30 am. to 7,00 p.m.
Recreational Play 5
Unless noted otherwise, the remaining courts will be available for private and/or group lessons.
On match
days during season, Ladies League teams will be permitted use of 6 courts.
June through
August
Days
Times'
Court Usage ..
.1' to 1 .; iii
Recreational r
9:30 a.m. to 3:30 p.m.
Ladies & Junior Summer Camp 5
9:30 ii.i to J p am
Recreational Play
1 p.m. to 8:00 p.m.
Recreational Play 5
1 a.m. to f'1) m
Recreational Play 5
Unless noted •i .) - the remaining courts be available for private and/or group - .o
SECTION 10. TEW FEES, CHARGES AND ._
�f ;�' PROVIDED
WRV
10.4 sncreased Fees Process
�r> __ Y t , st
T 'xc oialiaa#.rya • g �xY , .i. ...�� }�-�� 6i�� 1
3` �.+g. 4i�10, aP_ `�`.` &$.cal= q i8 Ca4.cg8dE1R.,i,, X13' jU.HA�s.�S%' HI IU °+ H"Jill caav:3V VU--I U iv, J16t !vacli'!3a
Ey -hihoit 4 " , .pro v ided the CONTRACTOR sW, Thave the right to hr crease .fees n amount e-qual .
$ v t se aliira aati as€ y' s�alc sail use :gin t { i ct . a ys fsl a'Wl>i sa v 1 e` at%, vi SUOU a,` Uas: ias
�+L+Bte>Lac11Sr 4�tidliiE.lLa _'sty J.
0.5 Lnitial Program O erings
I f'V-.T? r;3 A O'rfNrs
=a�a ,.� €� sxyRa.iscs3 s'7 �.ar��s�aar taic., �,rsv�sa�xls caslca €ts€aisva.� s€�a:�si.'i�� 5t,ti €tr3t#s sib a1�,as3ess�
Fps "_ A im le entati€ n schedule Of said. services shall provided by the CONT CTO
;t. ��. t4M A-_,, 4P �t_,� f �.�,,.,..,.. -- 4- � ;non cam <,? t_n,4..:t_n ,1 � inns- _
a itafi6p sway dery ca gy era C1S4 c •vssasaae as� a 1aa:aac s asat%: Lscalu s•Caa;+•u uC s�aaaca. is r� .:ta3ap«:amC atsyslS,
€',:.6.l,:atSi}1a3 va aaIUMvs15 cG tsae,, ssae raac, Susj,:; avr saw jasva agFys0vea.a. ass asap,.: Uafy,
10. The t, IN'T"RACiOR::shall authorized to provide courts, ee of e e,, durina
EM14 U LlUnS �.• p t - t r �� �t .
B.kS V'€tv3�t�!!$cad ti✓aiE $Fl 6C4t$ #tv$S,�ta 6atav1a:1 8,'a liaaa4.?4IvIn al ; vCNES, C'na' -dc's Mind 'IcssS is U%'Uay', tFa}.11.e 4,4.1 t`.3 1116.
" 4. ai aiv 6.sUU. A61, suuj4,c.,t t6.a ua., J.L c;ai 'v`rra:$e:te.�s c�g,��ie�`vaa�: va ta16i 6..r #ty.
1 .? The CC ' At,T OR gill required to i plement court reservatio policies ih order tc
pro ide, prea�:cr e.ou t si�l ed- Judmiing to cnsurc m ai.'i i:tula.us Of u � uCaa`a�a. 1 1C Cour, re.sCrV atiora
polic es may provide penalties for, cancelled .ter wn used reservations.' `fhe :.court reservation
t<_ ; .. 1— t �__9� na ,x16 tt , rS�a , �_� 1r • t .s
v#a4,s4.� s$'sizsi s :tsslaitt4�6a a 1 ruiatlaa �ad r +a c.t vy° thc., City zdan age ��ae3i X43 ua gisiraa4sl�.sa3.d16ia�
1 Q.8 Anproval cf printed materials
ray pslgR a16&6ia slls, pstcparcud ,iy Lse.. CIt n CTIO ia_s .c.sw . v}ttaC Cei- icr..sla' Favc th ,spp+val
cf the City prior to printing. materials must include the City designatio-tijloao and appropriate
a r,,t�, t t s. t •a : .N
r-3.: A (s-a €s cricans � tE as a a Asa u�saa ac � r�i i � tas3a s�aa€aaa, a .
. ' a = k; . _� stS ter XF € a�Tar
xT av s daSS.e., x a.sa 2 a eA €: 14TAa.e E i=ns.@ €I tea.€ S€:ee. aroma
11.1 a ldinna and Facilities Alterations
risa3iiaai aaii; _a ° rsii . vvaa tSii ca ra 3`.c€i3 +W a�— caE �vi� asi'la Mt aiauaKc €sric l- ataOns ids �i�.€RIVIES
to the Center. In the event of an emergency t€z prevent i_r�ju_ry to persons cr property,
6 v €v i a ACI € u €� sasc ii $Zap rs aaav�lae4Fae c1loias to SCCu c iali� sta€e a ea ®a Para %a ci sa a YYaa1 %ar`a aicCe#aaa ay
notiafy the City's Park and Recreation Department to advise of said. emergency. M that time th€ .
ity `6+iff ass 3 t c situ ation, iri t-h r Sc c - mc- im`,ia in quc tioaa, and dsitmi—I alai €ire csiaa.i sas Ud
of rep airs. Any other alterations or additions shall he m de at the CO TRI AC l OR S sole Cost
hha OCC +rah lL : �•LIU, 8 ♦. @t..s _ • ^.'F -:• !4 t tie
r't81u 614�.r6,,i1�4,' asaic:ssa€xsr v6a4<t!1Sia:, €as+.; i+z7at�y 678 CaS4r �,,i €� ia�.�e7at a�asazsisaztai711 i7# isa$� cagz+va�assC;,ie, i°siasc.SS
other se ag eed to by the Cit Manager dr '_pis designee in writi . CONI FACTO ♦ Aall not
S-a , u +i- tv •t 4-?s a: • i- •• ?- }v.:wE •.a sa 4.v 4 ••. • ,1 • -iu, 3 ",•wi -xt-.
aa43. 6✓ to #8.. list iv &24rE;.l6; 171 p+:,a Sa13t 111%, 111%l ai J.VJI VI 4�U .8116,11 C tat[ IIHIS„ LV %—ILY �ZZ 8iii;4.e+6s�c dla i#S4j.
fas a 5,6,rsult (A taU SilC11 'aUtt -U— t#41aLY O da6.c4.;at €ViL3. .. -
11.,E . B }gilding; s) and Facilities Maintenance
•. ,v•s.£•-a 3 3, t_a 4.h 4- i-•?.� .l i 95£! fi l+_ � 3 i 8-3 f- 11 £ L_ c+ • s ti•
€ sa6°t i its ittt tlivi �w-uav VV IC a_s s t1#(i 1sa R✓V1 1 t i+ txv a v1k 3aasasa, rsera . v4 16 tis e 6a c�� u1l�tai7 v °s", r49p a€r ,
restore, reflurbish, or tithe vise incur any expense in irnprm ins or ehangirag the condition of the
• ti fi ..+vim s g. �,E • z a ♦ 9-ye E..d a t f E� 4}
�...etar�..i,:€ 5 .rite.. iti€, :. tale: 611+.7 ...: ,.a .. gt.e.., s.:a' � - e,�n .�s`:i�U LLD, taast`Isaava�€ eae�aasa.issa.. 01 .grg,tie�.rFr
4 i• tse-.+v'{ Ali .• • --ILICI:LUVi 4s-a- %'••3 -x: St •£3-.
t��= #4ait21S4>, saatsia t aiic ±itSCitirl ssaatls111 aasai €vi1 or %C7ast11trcata4t 1 i7a taa4 6_ #�Y. sxvev±�aca#>si€eae 1a� xi v
-15-
possible, Ekithin srlch time frame, as promptly as reassembly possible, -but in no event to exceed
CONTRACTOR O and City agree that CONTRACTOR iNill be permitted use- of existing C ;tv-
COW 'SKi4� 6.+q uIPITlLfAt iER*✓23E4'siE at t K, '.X4 uc at. liER- &,OSt to 'E, V21' l "€'s�'iE.1 I CpIL CON g €L21iei %J €i dA.i141ft.:5
e` ckI nnowledgyes that -said equi'_pvp ent, more flafly described in exhibit "W' attached- - hereto; is being
"i•rsr$ ° il— f8 &iS) f.'R !!! bE 6� •Y9 ah4r_ ia9a
Gtvlr5s 41utt itd an -a-- i� a4. llultio 1, artcl ttla'A S.:�i,.R2tl 18V A-C t ` l'_ Will �UC res�RfxrLSID.H., 1 1 HIC 111E 42Lf„ iC5.ff4ti, -
and upkeep of said equipment for the duration of this agreement- All Cit1- -owned equipment must
SZ - f:asi -c -wr 4 -s . ra'F i-. �,x 4 a. ais 4-e 4'z <ra 9-.is rssa °.E
V_- PAL11iltfi.t SO ULU ,,IV at Lli� LK.t/SfaLIVgi 4,)3.L= a"EU- "'MC— TAt.itt S"U'u- SLa7utttaiaJ� drjZ Su41AidL iss.;..°it.434lor. s it
i-. .as--,rx s:rxx -..
Was P6�W6.eLH'6. =S3.y. 'with LttV LrA4sCIR 1012 oil HO lia-H A' Car C4ll:.L EtFLL +. .
's..ra:.r. as aa,x�'{x. }q rm<> { ..e
€ 3i4s S�+Vt .4 t- 1t'4L' i '� VL Jtl£Eit iti2.adL lA'n.!ia4• ¢1Lku U1:4.11 -11Y V l%:iL7AlVii. CEC- [til Ed}.31R:3 and �' writ De✓ JiA #9•rfl�' .
responsible- for. the necessary housekeeping services for the Center. There shall be no living
i4srx @�`r:ax }rn:... 0 3 ly •^-` Qip %a Trra
L uir- i-crs, nor �shunal uan -yone, iR4 �ROri d'1i CA.iA.. 4,o ii c Y48Eiliii if1l, i.i.:il4ssi.� �FLllY €�d®i"i�
available all facilifes Nvithan the Center under its control for examination during hours of operation
i.+y 11H, -Ity 1Yita#tarp'l Vs ttt,9 U-51 '1H.X.
11 !
No Dangerous Materials
• %11— i i-,+.a, Sax a. ,s.xr
diS_r'i..t.•'I S.ldi ua M4.J riot tv i.LJ4i V ,�39rLILUL at LUV '4irlSt��1..,41A0.r stfkAGa�,'c aati.Et kl1 6SJ!k••.4Ad g asolluv,
fhel oils, diesel, iflurninnatingoils, oil lamps', combustible powered electricity producing generators,
4x sa.vsrxxs4- a<-ars .hrxaa,- v.- .a-ary }a44 -arx 4-atr a4 S.EZrxs+ ` ai:xx. 4a,aiallrm.ve+ +aa ara_aBS Yrs
Li4dtRLlitAidw, a.+�;:li�a�i :�., ilagRfi421tE� grlv}saily, ii€'s.4+.41tts Via, aai iiEla�.t sslililt3d �aivsctui�.,a„a4 iiiiilvuaESUI�
materials, car. explosives of anx kind, dr any substance €�r thing prohibited in the standard: policies
the } -yg,!4 ° Aa h 9- .,aS.aweaea,+ 4eax- .mr.3eeFrs rs
4.1i til tl,e tbt:F481:.tifd3.itr t iElllAes 111. he OLaSL%l VI € Ai l_1JUai:.. t-Ufy ,r'1.aaULIU ;jUU,-PLaLx',v..z, vS. ill aLt iiad,1. I0MCL VYdtilAtl
�.awa
the Center - shall be immediately removed. Notwithstanding any contrary provisions, of this
n 4 f { { fm s.r� �• i <. +ir.. i<,ai� : eras- a- .x<.atxs - a' s''•:e -x>
1'i 'dS,r$13226riit,.- tst311:Ad�..t'14.:.1 i.if1ly.. .Lai4Lf, tti+.z !rtl=171CLEI UMIL4if1L €.!Latta,. 81dr3d1 H3L4itriittlif.�' .:ai lu" 114RiL4 %.,Ity
harmless fi'ora any loss, damage; cost, or expense of the City, • including, AN ithout limitation,
t &as1Rtffi&$9 A, a tt6.flEd�I ?.'l:df:r4�.� UTALUl:S,v:U as Ga 17CSUEt 01, a lsirig id4X €l4 or li4.n ii+k!'mc. -w—all. U-I", 'g.St6H6.rE.-ult,Itl
by CONTRACTOR, Ater the Co e ce ent Date, but during, the tern. of this Agreement, of
tgAl gecs ai%{'q'p "q�+'. JLiustaric +4, 0' 1..f4+t101 +1AAd1 p1Ls4.€taQ.cts i,Rtd,,.. 8.92lacl-, H-1 OF .,4.PR011 -.US, i.hrdiMird as tIlvau Mirllfii9
ae defined by applicable Federal and State Statute, or any, environmental rules and environmental
}.rxa.r a; „era a 'lex.ra9aai.rcx: s e'a ", a s x xl ahavrx e.>e1fa,
64'ridlktl4Ri l�-;€4't%!L t4.l�t444.r41 CtHLrd l.41!$tS&a!'a.RB 4%'Y 6titt, . AH4.t'�VYAeVl, 9...:4.f'tV 1 P \tRS�, dl:l�t'1. a�. licEti ltLtC4 Siii iica4R!litW
for any violation, arising or damage incurred as a result of the willf-1 misconduct -or grass
i+ti $€ i Hl +�:tiRS'
e tatti a.Htyti i4s La ,C.iyEa, iii d or viHfrRdvyc'tis d lit., yfRH RYi icons o ..!'Lis a,ubriti.i: nor, sh a#t
4 s _
:SttE l'd4.4. 'Uhu,. tE-:Hdliii. ,Ell. n or 't,hpri a,. on, Of t #'9i� tA ^B:t.•4•ftilet.�„-
ii S
iR A D,
a•., -S + <{a3 --a = a a a a - 4 -ra -`fie {-
9f$; 3.fif'34..il .L J. #:1 ## De, 5,,3..1.,.:, ##13 #!R #4.r "..R1 aa83°.t }R#1rb34.M`v 14.,aasorlaER #!✓.)°.,Ltd. ftm� if3casui i that #� wj(
be re wired to protect the Center and any of the e Wp ent, materials and facilities thereon.
a �•a --s:x n a
$.. Jr 6.tL.•B iHf„ E l i.f lsS35.;•...ai ?.: -io• Tlfall '}.lit,+.' �. -ate LIL:•..li.�+.RE.A3 '�ad4RHti LC3i. S ti �' ,9..8, it.�8l E.RE dS,2,a.Ht ay tea...
materials and supplies., nor shall the City be responsible for any: stolen `or damaged personal
mf {! K
l.!40 jJt..`Ld Ei• ?13, ;4LI' M31:, iF fav'S4LE✓.°., :8.4#"..SIUL %JLLR,1 U1 itf g.R iLit a.
-17-
shO contain a_ "se erabi ity of intereet. or "cross liability" clause without
Faa r4xB a zg�r a�^e =aaxa a
rxsa <.gdEre°s:� lA
�LBm Rr vst �i% graa isttLetrr L. e a ysr6 z °vj ,
D. i_l sinmce -policies re aired must be written by a eom.parLy or comes
"Ca 4 U-YE g'a4 : '4 ai3 ?YiS4S:'5 g I S+ .1_%`U. L_ a §!_ � _,k n •i1 £� cla,
zss�cE -2-1 re t L as %ia traLi s.�sta sL acs r astxL a as oS rs u� % s a- gs%s�tcLL
strength M_ the latest edition of the Besf s'llp—suraince Guide, blis e ` by
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u1%.T9 F3 a Fla Fkyal a4? 4J_M S� I-A '?RtzB F 6 fbY4!*3 ;'3ST O _�a'ES94*a T C+ 4'!SYL854
sica�LS t�€ t Laa� wrs u Paz tta•ra•a t€Y€oe tt€s U.", tiar��s€a t. us rrri�arca a a lets _®eta.
t out 60 days advance. mitten notice to the city, Written - notice. &hail h
ss. i
to assn: 4s..OVC WUu.ess:
City of South Miami i
To lic Attcmics -Al Laic. € a °€ sus t €ag
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CONTRACTOR shall'�urn�sh' certificates of ;nsurance to the cit y prior to the
C. EBBf:F$S A.,4E0,•tY,AFLC.:SAL EP3 CBPCTL:t5Gn &. t .Be C-C1 LEdd6..ELC..�S S1EL.6A C,BL..La l]9 .Stte4Ca a @tlat.
ig?st mctot has obtained insurance ;n Y e t; e _ �rrs��, PA- and classification 35 S
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Compllame vk-th the fh ago g re ' tire.ments shall not relieve CONTRACTC-IT4 of its liphi_lity-, €`€std
s sr a�ev a ass deseseig� ea_L1 .'
13-1 In consideration,ofa separate and specific consideration of $10,00 and other good a nd
YEk €LS;.;:LtEC,• Cw- G°,WhIl:lafi E. Life rue �fa.BC d.°Sd °d Suf5cle SC,,:y 011 4ke =Sa arc, SSt:•e GZF� :�C,•E� sets tR'st,u,.9�vg.
COWRIACTOR s Jl indem-nifty, hold harmless and dxknd the City, its agents, servants and
a ... ;..:. ,.
1111- M€BYOC%S ddOM a Ea c3�L3'tYSyi. allj' C.IM Y.g acll Ea -a Or LrQ.:.- i3S L9..irLdor. LPi. VYdiatsoc cr dlLddtt Cat TialuCic
arising out of error, ommissiong or negligent act of Ce'D?ad � ACTOR, its suk- ontractf o 'i _ '), agents,
�e Fi %asEe3 isi i tEEg�A L't.s at ums - 3 ,sae i€sa ed €iti i:e s i a z Laluca ani � a�i i€ati•aEe Sass€ s� � €� a. a ic€lM,
C.C,dd,d6aiiu vie CrSk.usc CBd C3CJ.ivii CLF d74,J as LL csulL CBd t1 c C. It sJ •L',L LT�J Ede, jry2'�aiS S.:C�. tit 41V11SSLii
13.2 era€tiot?, it?narztet €€iE?€separate and S?z'az cni€'eetra2i r3 0.00 and other
6CBV% -- C -SCS V aLUaLIE -_V1 €a'2U4_SCLLECBd un-, t4C.'CrdEJL Witt :'sCiB Eli at.i SL, 4! tit vVim,1€ at%, ftZ Cs BY:. :::C.ElidCl4^`LC.Cr�C, CLg
COIN is �� ; a� snail indempify, hold hanniess 'n
nd :sprenri ame City, ite aggentc, servants and
i d �;J 1v °: aL�J - 5i Ali td :$t3�5. �3: ".L31�S L K''i EY vSG2'Si;a.. � :•rdiSLLtku v, '.. ttzm, Lai LLL•t iv it vS- :9' €iauvvt t. �.ESde tBd HaL Cif 'v
arising out of atEt rC?€`C` Palici GVT COP ipy sv- ► ' not invP�2 c4 in The an #t cat se si€sr
ar,C, c E.ni a EC 3T wl- ik:,€S LLdC.• k L V 'S L:F ax �C.t 4 "t.,` >:;aT VS� L fL�SC.a YC.C.S :.$tCr �S #C��,:; C,". Let
I� -
discharges the City from all demands, claims, actions and causes of action arising from any of the
aforesaid cases:
0 # K ' " JIM M111, W11 MINIMMIsue`MN
tTustee of all or part of - business property of either party shall be appointed, "'i 1 if any
receiver of all or any part of the business property shall be appointed and shall not be discharged
for $ "1'. "i. of creditors, or shall file a voluntary !` , i. in bankruptcy, F *insolvency, or shall
apply for reorganization or arrangement with its creditors under the bankruptcy or insolvency
laws now mi force or hereinafter enacted, Federal, State, or otherwise, or if such petitions shall be
aflgc - r E .r.+ 1 {-
for breach of !
', i _! . A `A ,' #° :# t 'i # "r. i is • '. .
-20-
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 D fMdt
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 13ond 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, futures,
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.
_21_
In addition, the CONTRACTOR shall pay to the City two hundred dollars ($200) per day as
liquidated damages for such breach of this Agreement.
4
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 afl%r referred to collectively as
'transfers"), without the prior written consent of the City.
SECTION 16. SP'ECUL 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 Parrs
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
unsuccessful 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 rein
open during special events and/or productions, the CONTRACTOR may be alloyed to have in
operation its normal daily complement of equipment and staff "Normal" shall be defined as
equipment and staf, 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 nornnal daily complement of equipment and staff is
displaced by the special event and/or production, the CONTRACTOR may reallocate such
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displaced equipment and staff' on a pro -rata basis within the Center not being utilized by the
special event.
SECTION 170 NO IMPROPER USE
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 erect or hereafter enacted or
adapted. 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 violations, 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 CONTACTOR. fait 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.
SECTION 18. NOTICES
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 TBE CITY: Maria V. Davis
City Manager
City of South Miami
6130 Sunset Drive
South MiamL Florida 33143
With copies to: City Attorney
City of South Miami
6130 Sunset Drive
South Miami, Florida 33139
IF TO CONTRACTOR; Mr. Francisco Montana, President
Montana/McLean Tennis, Inc.
7150 SW 136 Street
Miami, Florida 33156p
The CONTRACTOR and the City may change the above maffing 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. LAWS
19.1 Com�iia�ce
CONTRACTOR shall comply with all applicable City, County, State, and Federal ordinances,
statutes, rules and regulations, including but net "limited to all applicable environmental City,
County, State, and Federal ordinances, statutes, sales 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 than Agreement, and any applicable general or special law, said general or special lave shall
prevail
19,3 Prevailing.Par ty 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 FAual F ployi e OpPqrtum
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
AIWA or Title V11. CONTRACTOR will take affirmative sups 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 statics or sexual. orientation in the operations referred to by
this Agreement; and finrther, 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.
SECTION 20. MISCELLANEOUS
OUS
20.1 Independent Contractor
Contractor is furnishing its services as an independent contractor and nothing in this agreement
shalt 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
-24`
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 dune, limit, or describe the scope or intent of any provision of this
Agreement.
20.5- Binding Effrect
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 Severab' '
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 laves, 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 Ei t of End
The City, at the direction of the City Manager, shall at all tunes during hours of operation, have
the right to eater 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 lessees 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 Sigggge
CONTRACTOR shall provide, at its sole cost and expense, any required signs on the Center. All
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 shalt 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 awned, 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 Esther 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 AWrovals and/or Consents
In each instance in which the approval or consent of the City meager 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 instancee in which the approval or consent of the City Manager or his designee is allowed or
required in this Agreement, CONTRACTOR shall send to the City Manager a written request for
approval or consent (the "Approval Request')- The City Manager or his designee shalt have up to
sixty (60) days from the date of Approval Request to provide written notice to CONTRACTOR
approving of j consenting to or disapproving of the request. However, the City Manager or his
designee's Failure to consider such request within this tine provided shall not be deemed a waiver,
nor shall CONTRACTOR assume than 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 parry 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 Fariy BOLflciW
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
assign,; any rights or remedies by reason of this Agreement.
SECTION 21, LIMITATION OF LUBILITY
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 sane shall lie in Miami-bade County, Florida.
CITY AND CONTRACTOR HEREBY KNOWINGLY AND INTENTIONALLY WAIVE
THE RIGHT TO TRIAL BY JURY IN ANY ACTION OR PROCEEIDING 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.
SIGNATURE PAGE TO FOLLOW
-27-
IN WITNESS `HE OF, the pies hereto have caused their names to be signed and their
seals to be affixed, all as of the day and year indurating their agreement.
Attest: For City:
CITY CLEF CITY MANAGER
For Contractor.
Montana-McLean Tennis, Inc.
SECRETARY ; PRESIDENT
Approved as to form and legal s eieney:
City Attorney
C/MyDowmentMoad DocumentslTenreis�ontract34YontNYci can iaal
-28-
E+ ffiIT "A:"
MONTHLY PAYMENT TO CITY
1. Initial Investment
CONTRACTOR will make an initial investment of $20,000.00 for equipment, furnishings,
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 inWal $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 ftnetat
CONTRACTOR will pay the greater of the following amounts to the City on a monthly basis as
part of a avenue sharing proposal:
10% of Gross Monthly Revenues
or
$1,750.00 per month during year one
$1,800.00 per month during year two
$1,850.00 per month during year three
-29-
EXMIT "B
TENNIS CENTER SITE PLAN
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x
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,EXHIBIT "C"
RFP SCOPE OF SERVICES
A. INTENT
ENT
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 Faseell Park (3500 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 minimum 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.
B. REQUIREMENTS AND SERVICES T4 BE PROVIDED
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.
MINIMUM REQUIREMENTS / QUALIFICATIONS
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 mfijhnuan 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 bust demonstrate kno wledge and cxTerience in tennis instruction
and related activities, facility management, tennis court maizitenance 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, egmpment 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 lam.
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.
D. TENNIS INSTRUCTION AND RELATED SERVICES
The city is seeking a Proposer who will fairish good, prompt and efficient service, adequate to
meet all reasonable tennis related demands, including establishing a minimum tennis lessors
schedule, with identifiable hours of operation for tennis patrons.. All schedules shall be subject to
the dial 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 initiations
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 shill.. The fee and instructor
trai�ii g 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 instr=uction for the following levels:
-32-
(a) Individual lesson - shall be shared with up to 3 tennis patrons.
(b) Group lesson - shall be shared with tap to 5 tennis patrons.
(c) Clinics shall be groups of no less than 4 and no more that g 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) C$'er 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 ina league with other rle huni -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 sears on tennis, tennis
merchandising, tennis management and other professional information.
(11) Provide seasonal (three classes, each fall winter and spring) group clinics at Iow
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 tape good care of facilities and shall use the same in a
careful mamer 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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I 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.
L Tennis professionals must posses and maintain an occupational license.
1. Collection: and accounting of all revenues.
In. Paymicnt and accounting of all expenses in a timely manner.
n. Formulation and implementation of operating programs, business plus,
and budgets.
o. Dandling 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 7:00P1),
E. OTHER SERVICE MENTS
It is the intent of the City to provide the best possible service to the public. It is the City's flirther
intent to gain revenues. However, the City snakes no guarantee that the City will act, promote,
approve, assist or cooperate in any mamer to assure that this project will be a financial success
for the City of South Miami or the selected Proposer.
F. CITY'S RESPONSIBILITIES
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 tour.
5; Approval of time(s) and the number of tennis courts to be used by the tennis
professionals for tennis instructions can a daily basis.
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G. TERMS OF PROPOSAL
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 Dark 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) f Revenue to the City. The selected proposer shall pay the City a rental
sum as a percentage Clo) of gross receipts or a minimum annual guarantee , whichever is greater.
Said percentage payments shall be paid to the City by the 15'b 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 (1l12) of the minimum annual guarantee or percentage
rent, whichever is greater be paid monthly to the City.
The term "gross receipts" is understosad 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. Hours of Operation. The Tennis Center shall be open for play from 8:04 AM. to sundown
every day of the. year, with the exception of closures due to weather conditions, and certain
holidays agreed capon 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 conunensurate with the it structor's level. Said fee and instructor levels will be
negotiated and agreed upon between the City and the selected proposer.
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EXHIBIT 66D9'
HURRICANE PREPARATION PLAN
City of South Mami
Parma and Recreation Department
HURRICANE PREPAREDNESS PLAN AND PROCEDURE
PURPOSE:
This plan is intended to be a ready reference guide for the pariks and Recreation Departrnmt 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 cornmunity.
THESE P OCEDU S SHOULD REMAIN IN THE POSSESSION OF ALL
ADMINISTRATIVE REPRESENTATIVES OF THE DEPARTMENT AT, ALL TIMES
DURING THE HURRICANE SEASON.
HURRICANE PERSO EL POLICY:
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 ofAbsence will be canceled during this time,
PREPARATION:
1) Review the policy and procedures of the Hurricane Plan. Update the plan annually as named
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
Departmerrt's Emergency Contact Est.
3) Make sure all supplies are on hand and properly stored.
Two (2) five - gallop gas scans Five (5) five-gallon battles of water
Two (2) two - gallon gas cans One Hundred (100) ft. l2 inch rope
One (1) chain saw Six (6) flashlights
One (1) extra chain One (1) first aid kit
One case of 2 -cycle oil One (I) single blade axe
One (1) 36 -inch bolt cutters One hundred (100) fl roll of chain
Two (2) battery operated lanterns Six (6) locks
Four (4) cans of fh -a -flat
4) Coordinate with the Public Works Department those sites that tiadl be used for debris storage,
staging areas for work crews, etc.
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HURRICANE ALERT:
To permit effective decision-making, it is irnperative 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:
H CANE ATCHe
The Administration wrill 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.
CANE WARNING:
Administration:
1. Stay apprised of official. advisories. from EOC.
2. Fuel all assigned vehicles and beep then. at least half full at all tinges.
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_
b. Coordinate with other City Departments in preparations, provide assistance where
possable.
7. Secure windows, doors and any loose items.
Cormamily 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) AR 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.
Q Dante l~ascell Park
1. Empty trashcans and store in restroonas.
2. Wrap swings around top of playground and secure.
3. Roll up windscreens on tennis courts and secure to fence.
4. Remove and stare benches, tennis stets, brushes, brooms, etc, in restrooms.
5. Turn picnic table(s) over and chain to secure object.
6. Turn off aff 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. Tura picric table(s) over and chain to secure object.
4. Turn off all electric and water; close and lock restroor s.
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 egaipment 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.
Palmer Park
1. Empty all trashcans and store inside batting cage.
2. Turn picnic tables over and chain to secure abject.
3. Secure all portable bleachers.
4. Ball up windscreens and secure to fence
5. See-are swings on tot -lot:
6 Turn off all electric and water; close and lock buildings and gates.
G) Jan Smith Park
L empty trashcans and stare inside Palmer Park batting cages.
2. Remove and store benches.
M Marshall. Williamson Park
1. Empty trashcans and store inside Palmer Park batting cages.
2. Wrap smogs around top of playground and secure.
1) Jean Millis Park
1. Empty trashcans and store ride Paper Park bang cages.
2. Turn picnic tables over and chain to secure object.
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J) Senior Center
1. Coordinate with li?Iiami -lade County to secure the building.
AD staff may be re-assigned to other areas and will remain on site until released by the
Parks and recreations 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.
AF" TER 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 Gear ". 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 Pascell Park
3. Palmer Park
4. Fuchs Park
5. Brewer Park
6. Marshall Williamson Park
7. Van Smith Park
& 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 b- the
res onsa'bili of the Emergency orations Center.
p g y Op 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.
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EXCMIT "E"
DANTE I+ASCEL 1 PARK TENNIS FEES
Residents Existin (includes Lay,
Day Fee $3.00/Hour
Anne Individual Peru $150.00
Annual Family Permit $200.00
Non-Residents
Day Fee $4.00/Hour
Annual: Individual Permit $425.00
Annual Family Permit $532.50
Annual Team Fee $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 Main a fair balance ofthe various eon lases.
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EXHEBIT "F"
PROFESSIONAL TENNIS INSTRUCTION PEES
Prams (Climes) & Lessons
Private Lesson John McLean
$60 per hour, 35 per 1/2 hour
Private Lesson Francisco Fontana
$60 per hour, $35 per 1/2 hour
Private Lesson other Staff Pros
$50 per hour, $30 per 1/2hour
Adult Clinics (1.5 hour duration)
$19 Residents
$20 Non-Residents
Junior Clinics (Beginners-intermediates)
$90 Residents (for eight (8) 1 hour sessions)
$105 Dion - Residents (eight (8) 1 hour sessions) $13
Residents (Casual, one (1) hour rate
$15 Non- Residents (Casual, one (1) hour rate)
Armor 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)
Toumaments
$15 to $45 depending on type of even.
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DAY COURT MAINTENANCE
By following these procedures,- your HAR- TRU tennis court will play and look great. Long terns
quality control involves specific daily responsibilities; morning, mid -day and evening.
A. MORNING
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 mails for lifting or shi ing,
4. Groom the surface with either an Aussie Clean Sweep or a brag Brush. Make wide tarns
with the drag brush to avoid accumulation of H 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 lime tapes. Ensure that the fine tape area beneath the net line has been swept. The
Line Semb may be required to remove any suave material that adheres to the line tape. ,
6. Roll. the surface if necessary. Avoid twisting and turning motions that cause surface damage.
As the frequency of rolling is increased, the following results are achieved to a greater extent
dap to a point of diminishing return:
1. Moisture is retained in the surface profile for a longer period of time.
2. The surface becomes Winer and faster.
3. The rate at which "dead materiar accumulates decreases.
4. The potential for surface erosion decreases.
7. Sweep the lime tapes after the surface has been rolled for a cleaner looking line (optional).
&. 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 kepi on the court during the season, move them and groom the surface below on a
regular basis.
10. Wash out the Tennie Two on daily basis if possible.
11 Inspect windscreens.
12. Ensnare that the Line Sweeper, Aussie Clean Sweep and Drag Brush are stored properly and
do not pose a hazard to players.
B. -IAA
The main objective of .raid -day maintenance is to ensure the tennis courts loop and play as well in the
late afternoon as they do ffi the morning. Hove 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.
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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 at$emoon. Always
forest 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.
Ca EVENING
The main objectives of evening maintenance are adequate brushing and thorough watering to ensure
quality playing conditions for the following day.
I. Brush in alternate directions if possible, particularly around the baseline area, to smooth the
surface prior to watering. Alternate the direction of brushing can a nightly basis.
2. dater the court in a cycling method to accomplish a uniform and thorough watering during
the course of an evening with as little rah -off of grater 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
I . Inspect surface material for any build -up that needs to be removed; particularly along the net-
fine. 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 lour }play areas of the tennis court periodically with the Proline Steel Drag M4
a. Lute /Scarifier or the LEE Tow Scarifier. Do not pull these tools over the line tapes.
B. If a groves appears, a. surface treatment of dissolved soluble spa: chlorine (lei- Cloro -S)
should be applied. A solution of one crap of spa chlorine mixed with forty gallons of
potable water should be prepared. Wait five to ten aninutes, 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.
Ca If a sprayer is unavailable, granulated chlorine, or a pre - emergent herbicide (Tretlan) can
be applied over the areas of growth and watered in by hand.
D. Allow 24 hours for the chlorine to kill the growth problen, hollow 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.
E. Consult the county agricultural cooperative extension agent prior to the purchase
and application of any chemicals.
Go 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
time of day for smoothing the surface is during the afternoon. Teo 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.
HAR TRU SURFACE RECONDITIONING
The Win. objectives of surface reconditioning are to remove and replace the worn and weathered
surface material while in a?iiiiig the properly established slope of your -"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 firm enough to accommodate foot and light equipment traffic
before you begin the reconditioning proem. 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. Thrush 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 mace last season.
The "dead material is that amount of loose surface material that has fallen out of prescribed
gradation as a result of grind 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,
Mat scoop shovel and a wheel barrow or cart are needed for this Task.
5. Thrush the entire sauce repeatedly to re- distribute and re- level the remaining 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 tapes place will be the most obvious in need of
particular attention. These areas are easily identified by observation after a ramM and
stretching a masons line over and marking the perimeter of the low areas. New HAR TR U
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 HAR- TTtZE..T using a spreading device that ensures an
even application of surface. material throughout. The amount of 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 tarn per application.
9. Immediately begin brushing the new topdressing before moisture migrates up from beneath
the existing surface and adversely affects the smoothinglleveft process. 'Depending can
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 in absorb
moire and become firm is an essential elerment of long term quality control.'
i'
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12. Continue the smoothing and leveling process by slowly brushing the surfice in two directions
making wide turns at the end of each rte.
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 sure should be in playable condition before proceeding with the final tennis court
preparation.
THE APPLICATION OF HERBICEDES 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 geed 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 und erstanding of herbicides is essential before one makes
any decisions involving the purchase, mixing and application an herbicide. Herbicides used on the
Stennis court surface fall into 2 general categories, Pre - emergent and Post- emergent.
1. A Pre- emergennt 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 geed seed actually germinates, absorbs the chemical through the emerging root,
then dies. DowElanco's Surflatn is a widely used pre - emergent herbicide in this category.
1 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 frown. 4rtho. 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 Surf bn 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 ahvays consult
with the county extension agent for advise on any geed 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 -lime 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 rnalmg
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 /2 and 5 gallons of
water.
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The mhcture is then applied by makt=mg 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.
4.6