04-09-05 Special Item 7South Miami
AN- Awficaft
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER - OFFICE MEMORANDUM 2001
To: Honorable Mayor, Vice Mayor & Date: April 9, ; 2005` r
City Commission
From: Maria V. Davis l Agenda Item #
City Manager 3 Authorizing the City Manager to enter
into an agreement for the management
and operation of the Dante Fascell Park
Tennis Center
ORDINANCE
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.
RESOLUTION NO. 110 - 0 4 -118 8 9
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
MCLEAIV TENNIS 1VIANADGAENME FA SEL LPARK;P THE
ROVIDINGAN
TENNIS CENTER AT
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 MIAMI:
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 20thay of July , 2004:
ATTEST: APP4OR
Y CLE
Commission Vote:
5 -0.
READ AND APPROVED AS TO FORM: Mayor Russell:
Yea
Vice Mayor Palmer:
Yea
Commissioner Birts - Cooper:
Yea
Commissioner Sherar:
Yea
s��t Commissioner Wiscombe:
Yea
CITY OF SOUTH MIAMI
INTER- OFFICE MEMORANDUM
To: Honorable Mayor, Vice Mayor &
City Commission
From: Maria V. Davis
City Manager '
RESOLUTION
Date: July 20, 2004
South Miami
hAd
I11141i rieaCily
1..F
2001
Subject: Agenda Item #__F
Authorizing the City Manager
to negotiate .a contract for the
operation of Dante ,Fascell
Tennis Center
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, The 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.
n D
O v
C m
m
v
M Co
Z
O C
D m
z
m
x
v
O A�
� n
m -v
x m
- -1
CD M
N
CD
Z
N y.
O n
CD
-s
W,
O
-ti
0
C
rt
3
00
0
Z
K
m
z
cc
K
Z
cc)
co
�m
m
�
0
m �
I
m
Dm
v'�-°m
—I
r
cD
X
Z
z
n
D
z
r,—v
r
;U0CD
0
0
n
-a
m
�
<
"1
r—
m
m
m
m
m
Z
Z
z
z
CO
c
m
m
m
—I
ca
ca
-69
<0
N
.1h-
O
O
.4,
.P
P
O
O
O
O
O
C)
O
00
0
0
O
O
C)
O
O
O
CD
O
�P
—1
0)
W
O
N
0
W
Lfl
0)
�'�'
�
CD
O
N
--4
O
CD
cn
N
W
cn
w
OOO
ccnn
W
O
CO
-69
-69
.69
N
�
N
CO
CO
-d
N
W
W
N
41-
N
co
4
-,1 '
co
W
Cn
co
P
co
N
O
O
CO
Cb
CO
O
4
Cn'
O
N
N
O
N
O
N
O°
?1
-69
-0%
49
-61
W
O
N
W
Cn
�l
O
0
O
=y
W
co
W
4-
'-
hO
m
Ct
CD
N
ID
W
000
4
-0P
C-n
ffl
N
-69
N
-],
N
-p
co
CO
W
OD
00
CO
O
OD
O
0
�
N
O
0
00
n
4
I
Cn
"
O
-"
-A
—
CO
0
O
OD
-ice
O
W
W
C"
00
O
j
CO
W
4
co
"
O
N
O
N
N
fl
-69
N
i
W
O
O
C)
W
CO
Co
W
Cn
N
-OP
cn
N
O
CO
O
O
—!
W
W :CO
Cn
O
-N
O'',O
CO
N
Cn
�I
co
O
00 im
;
-W
N
-U)
K)
3
s
N
W
00 'Cn
O
0)
Co
W
�l
W
O
0
O
O
N
0)
0o
W `Cn
-P
O
-WP
O
w
m
CO
CD
o
m
000
O
.0 1
O I
O'
v
O A�
� n
m -v
x m
- -1
CD M
N
CD
Z
N y.
O n
CD
-s
W,
O
-ti
0
C
rt
3
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 MONTANAIMCLEAN 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
IS WHEREAS, the city charter at Article II, Section 6 (6) requires the lease of any city
16 property to occur by ordinance; and
17
1.8 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
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
Section 4. All ordinances or parts of ordinances in conflict with the provisions of this
ordinance are repealed.
Section 5. This ordinance shall be codified and included in the Code of Ordinances.
Section 6. This ordinance shall take effect immediately upon enactment.
PASSED AND ADOPTED this _ day of April, 2005.
ATTEST: APPROVED:
CITY CLERK MAYOR
CITY ATTORNEY
I" Reading —
2 °d Reading —
COMMISSION VOTE:
Mayor Russell:
Vice Mayor Palmer:
Commissioner Birts- Cooper:
Commissioner Sherar:
Commissioner Wiscombe:
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
PARIS
-1-
SECTION
l \I
TITLE
PAGE
1
TERM
4
2.
CENTER TO BE MANAGED
5
3.
USE(S)
6
3.1
Public Tennis. Facility
6
3.2
Prohibited Activities
6
3.3
Pro Shop Sales
7
3.4
Hurricane Evacuation Plan
7
3.5
City Occupational Licenses
7
4.
FINANCIAL REQUIREMENTS
7
4.1
Performance Bond or Alternative Security
7
4.2
Revenue Collection / Payment to City
8
4.3
Sales and Use Tax
9
5.
MAINTENANCE AND EXAMINATION OF RECORDS
9
6.
INSPECTION AND AUDIT
10
7.
TAXES, ASSESSMENTS, AND UTILITIES
10
7.2
Procedure if Ad Valorem Taxes Assessed
11
8.
EMPLOYEES
11
8.1
Principals
11
8.2
Independent Contractors
11
8.3
Instructor Certification
11
8.4
Uniforms, Identification & Character
12
8.5
Background and Drug Screening Requirements
12
9.
HOURS OF OPERATION & COURT USAGE
12
9.1
Hours of Daily Operations
12
9.2
Change in Hours of Operation
12
9.3
Courts Usage
12
10.
FEES, CHARGES, PROGRAMS & RELATED SERVICES
13
10.1
Hourly Fees and Annual Permits
13
10.2
Professional Tennis Instruction Fees
13
10.3
Establishing/ Posting of Fees
13
10.4
Increased Fees Process
14
10.5
Initial Programs Offering
14
10.8
Approval of Printed Materials
14
11.
ALTERATIONS, MAINTENANCE, REPAIRS & SECURITY
14
11.1
Building and Facilities Alterations
14
11.2
Building(s) and Facilities Maintenance
14
11.3
Courts and Related Facilities Maintenance Standards
15
11.4
Litter, Garbage and Debris Removal
15
11.5
Equipment
15
11.6
Orderly Operation
16
11.7
No Dangerous Materials
16
_2_
SECTION
TITLE
11.8
Security
11.9
Inspection
12.
INSURANCE
13.
INDEMNITY
13.4
Subrogation
13.5
Force Majeure
13.6
Labor Dispute
13.7
Waiver of Loss From Hazards
14.
DEFAULT AND TERMINATION
14.1
Bankruptcy
14.2
Default in Payment
14.3
Non- Monetary Default
14.4
City's Remedies for Contractors Default
14.6
Surrender of Center
15.
ASSIGNMENT
16.
SPECIAL EVENTS
16.2
City Special Events
17.
NO IMPROPER USE
18.
NOTICES
19.
LAWS
19.1
Compliance
19.2
Governing Lave
19.3
Equal Employment Opportunity
19.4
No Discrimination
20.
MISCELLANEOUS
20.1
No Partnership
20.2
Modifications
20.3
Complete Agreement
20.4
Headings
20.5
Binding Effect
20.6
Clauses
20.7
Severability
20.8
Right of Entry
20.9
Not a Lease
20.10
Signage
20.11
Conflict of Interest
20.12
Reasonableness
20.13
Procedure for Approvals and/or Consents
20.14
No Waiver
20.15
No Third Party Beneficiary
21.
LIMITATION OF LIABILITY
22.
VENUE
SIGNATURE PAGE
EXHIBITS
-3-
PAGE
16
17
17
18
19
19
19
19
20
20
20
20
21
21
22
22
22
23
23
24
24
24
24
24
24
24
24
25
25
25
25
25
25
25
25
26
26
26
26
26
26
27
28
29 -47
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 1. 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-
1.3 The City shall have the right, at its sole option and discretion, and provided further that
CONTRACTOR is in good standing under the Agreement to renew this Agreement for two (2)
additional one -year terms. CONTRACTOR shall provide City with written notice of its intent to
be considered for renewal of the Agreement no earlier than ninety (90) but no later than sixty (60)
days prior to the expiration of the initial tern, or any exercised option term, as the case may be;
which renewal shall be at the City's discretion.
In the event of any renewal of this Agreement, the City reserves the right to renegotiate any and
all terms contained herein.
SECTION 2. CENTER TO BE MANAGED
2.1 The City has employed the CONTRACTOR to operate, manage and maintain, and
CONTRACTOR agrees to same, the following recreation facility (hereinafter referred to as the
Center):
That certain City-owned recreational facility commonly known as the Dante Fascell
Tennis Center, located at 8600 SW 57 Avenue. The Center's premises included are
further delineated in Exhibit V (Site Map of Center), attached hereto.
2.2 CONTRACTOR herein accepts the Center in its "as is condition with all buildings,
improvements and fixtures, and agrees that the City shall have no obligation to improve, repair,
restore, refurbish, or otherwise incur any expense in improving or changing the condition of the
Center at any time during the terra of this Agreement, unless as agreed upon by the City.
Prior to the Commencement Date, City and CONTRACTOR shall coordinate a meeting and site
inspection of the Center to establish a baseline of existing conditions. CONTRACTOR shall
notify the City of any necessary repairs, and the City shall make such repairs it in its discretion,
it deems necessary.
2.3 This Agreement is subject to all existing utility lines or facilities, rights of way, and ingress
and egress to City - retained areas, and the City's right to replace and/or maintain same, whether
or not such matters have been recorded in the Public Records of Miami :Dade County Florida.
This shall include, but not be limited to, any and all underground and aboveground utilities
located on the Center. The City also reserves the right to construct, install and maintain utilities
that it deems, in its sole discretion, to be necessary or beneficial to the operation of the City.
City agrees to give CONTRACTOR reasonable notice prior to commencing any such
construction, installation, or maintenance of utilities that may result in a temporary closure of a
court, or courts, or any other portion of the Center. CONTRACTOR reserves the right to
cancel or otherwise close all other portions of the Center including specific banks of courts,
until such time as the work is completed or the closed Center or portion thereof can be re-
opened, whichever comes first. Any disturbance or damage to City -owned or City- authorized
utilities located on, under, or over the . Center, caused , as a result of CONTRACTOR'S
negligence, shall be promptly repaired at CONTRAC'TOR'S expense.
-5-
SECTION 3. USE(S)
The CONTRACTOR is hereby authorized to conduct the follo kind(s) of.busiesses and,
IWIM9
provide the following kind(s) of services within the Center, as provided below, all at its sole cost
and expense:
3.1 Public Tennis liacility
CONTRACTOR agrees it will use the Center solely for the operation of a public tennis facility.
This use shall include the operation of the tennis courts and pro shop facilities.. Services shall
include those customarily associated with the operation of a public tennis center, including
permitted Special Events (as defined °in Section I related to, such public. tennis center activities,
and those specifically included in the Request for Proposals No. 2004-0514, Scope of Services,
attached hereto as Exhibit "C".
No other use and/or business shall be conducted at the Center without the prior written approval
of the City Manager or his designee.
3.1.1 The .City and CONTRACTOR agree and acknowledge that the public's use. of the
Center is a prime consideration and must be balanced accordingly with the services
to be provided by the CONTRACTOR to the public and the respective financial
remuneration to City and CONTRACTOR, respectively, pursuant - to this
Agreement. - Accordingly,. CONTRACT-OR acknowledges and agrees - that - the
Public's right to use the Center shall not be iriffinged upon by - any.. activity of
CONTRACTOR other than as set forth in this Agreement. Upon execution of the,
Agreement, CONTRACTOR acknowledges that the Center is public and as such
its operation may not restrict, or. appear to restrict, access to the general public, or
in any way limit the public ,nature or ambiance of the Center other than as set forth
in this Agreement CONTRACTOR will conduct its operations so as t - o 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 acktiowledges same,
to provide high - quality; affordable tennis services to the CAYs residents and
visitors; and to progressively upgrade tennis service at the Center.
3.2 - Prohibited Activities
CONTRACTOR shall, not use the Center for any unlawful purpose and shall. comply with alt laws -
and per mining rcquirementsmow in force or. hereafter adopted,. applicable to the Center,. and/or
uses andbusinesses conducted owthe Center.. CONTRACTOR agrees not to use the Center 7for,
or to permit the operation of any offensive, noisy. or dangerous activity; nuisance or anything
against public policy. There shall be no living quarters at the Center, nor shall anyone be
permitted to live at the Center. Except as may result (corn acts of force majeure,.CONTRACTOR
agrees that it will not allow the. Center to become unoccupied or vacant.. CONTRACTOR shall
take appropriate precautions to prevent fire on the Center; maintaining a equipment At
9 M.
all tunes. CONTRACTOR will not permit the outside use of any musical instrument or noise -
making device on the Center that is in violation of the City`s established Noise Ordinance.
3.3 Sale of Tennis Pro Shop Related Items and Services.
CONTRACTOR may offer for sale those tennis related items such as tennis balls, tennis racquets,
shoes, shirts, towels, etc., and offer related services such as equipment and ball machine rentals,
racquet restringing, and grip replacement. CONTRACTOR may also offer for sale pre - packaged
food and beverage products to include items such as sodas, water and snack items. At no time
will the CONTRACTOR be permitted to sell alcoholic beverages or any food item that requires
preparation beyond heating in a microwave oven. Prices shall be substantially in accordance with
the price ranges of other similar public tennis centers. A list of all items and services to be offered
for sale, and the respective price ranges for same, must be approved in writing by the City
Manager or his designee, prior to such sales and/or additions being implemented, and updated, as
deemed necessary, at the discretion of the City Manager and/or his designee. All such prices must
be conspicuously pasted at the Pro Shop, along with a notice to customers that they must receive
a receipt for their transaction.
3.4 hurricane Preparation Plan.
CONTRACTOR agrees to comply with the City's Hurricane Evacuation Plan and will cooperate
fully with the instructions given by the City's representative to initiate the plan immediately upon
notice of the issuance of a Hurricane Warning by the Miami -Dade County Office of Emergency
Management. CONTRACTOR shall, at a minimum , secure the Center and all related materials in
accordance with the procedures included in the City's Recreation Division Hurricane Preparation
Plan, as included in Exhibit "D" attached hereto.
3.5 Occupational Licenses.
CONTRACTOR shall obtain, at its sole cost and expense, any and all
rewired by lave, as amended from time to time, for all proposed uses
Agreement. Occupational licenses shall also be required and obtained
professional tennis instructor providing lessons and/or clinics at the Center.
SECTION 4 FINANCIAL REQUIREMENTS
occupational licenses
contemplated in this
for each individual
4.1 Performance Bond or Alternative Security.
4.1.1 On or before the Commencement Date, CONTRACTOR shall furnish the City
Manager or his designee with one of the following:
(i) A Performance Bond, in the amount of Fifty Thousand Dollars ($50,000.00),
to secure the faithful performance of this Agreement. A cash deposit,
irrevocable letter of credit, the establishment of a joint trust or certificate of
deposit (collectively, the "Alternate Security") may also suffice, as determined
by the City in its discretion. The form of the Performance Bond or Alternate
Security shall be as required and pre - approved by the City Manager or his
designee. In the event that a Certificate of Deposit is approved, it shall be a
Fifty Thousand Dollar ($50,000.00) one -year Certificate of Deposit in favor of
-7-
the City, which shall be automatically renewed; the original of which shad be
held by City.. The CONTRACTOR shall be required to -maintain said
Performance Bond or Alternate Security, as accepted by City, in full force and
effect throughout the Term of this Agreement.
(fi) A letter, in a form satisfactory to the City Manager or his designee, from a
federally insured financial institution evidencing, as of the date: of the letter,
CONTRACTOR'S ability to provide the necessary fi mds to perform pursuant
to the Agreement.
The parties agree and acknowledge that the preceding conditions (Ij -(h) are intended to be
conditions subsequent to the City`s approval of this Agreement. Accordingly,. In the event
that CONTRACTOR does not satisfy the aforestated conditions on or before the
Commencement Date, then the- City Manager or his designee may immediately, without
further demand or notice, and without liability to the City; terminate this Agreement without
being prejudiced as to any remedies which may be available to him for breach of contract.
4.2 Revenue Collection l Payment to Citv.
In consideration of the management and operational rights granted the• CONTRACTOR pursuant
to this Agreement, and CONTRACTOR'S- further agreement and acknowledgement to perform
and finish the management -and operational services, professionally skilled and qualified
personnel, systems, and materials . consistent with the management and operations of other first
class public tennis centers, the City and CONTRACTOR herein agree that the CONTRACTOR
shall collect and maintain (in accordance with generally acceptable accounting principles) on
behalf of the City, all revenues, as such term is defined in subsection 4.2.2, generated at and from
the Center including, but not limited to, membership fees, tennis instruction, lessons and clinics,
court rental fees,: equipment rental & repair and pro shop sales and services.
All .said. revenues collected by the CONTRACTOR shall be deposited into an account to be
maintained solely for the purpose(s) of the management, operation and maintenance of r said
Center including, without limitation, to pay for all budgeted operational expenses arising fsorn the
management or operation of the Center. Interest accrued in the account shall be part of the
operating income.
CONTRACTOR is authorized to withdraw from such account amounts necessary to pay, or
reimburse CONTRACTOR, for the payment of all. budgeted operational expenses arising from the
management and operation of the Center, as set forth in the approved operating budget, as set
forth in 4.2.3, during the term of this Agreement.
CONTRACTOR shall submit, within fifteen (15) days following the close. of each month, or as
reasonably prescribed . by the City, copies of records and . reports related to the receipts and
expenditures with respect to all expenses and revenues generated during such month at the
Center. Such records and reports shall be in a form satisfactory to the City's Finance Director,
and shall include a comparison of revenues and expenses for the two (2) months . prior to the
report being subznitted as well as copies of court usage schedules (court rentals, lessons, clinics,
-9-
etc.) detailing all activities for the month in question. The City shall review all operating expenses
but shall have no , obligation whatsoever to reimburse CONTRACTOR for any cash flow
deficiencies.
CONTRACTOR, upon receipt thereof from the depository bank, shall submit to the City copies
of all deposits, withdrawals, and bank statements concerning the account established for the
Center pursuant to this subsection 4.2. Additionally, there shall be a reconciliation of all
accounting within 30 days following the completion of each Agreement year (September 1' —
August 31 ") during the term hereof.
4.2.1 CONTRACTOR shall, without limitation, pay to the City, within fifteen (15) days
following the close of each month during the term of this Agreement, the following
amount: the greater of () the percentage of gross revenues for the preceding
calendar month, or (ii) the minimum monthly guarantee as set forth in Exhibit "A" to
this Agreement, whichever is greater.
4.2.2 The term "grass revenues" or "revenues, " as used herein, is understood to mean all
income collected or accrued by the CONTRACTOR with respect to the Center
pursuant to this Agreement, excluding amounts of any Federal, State, or City sales
tax, or other tax, governmental imposition, assessment, charge or expense of any
kind, collected by the CONTRACTOR pursuant to this Agreement, and required by
law to be rexuitted to the taxing or other governmental authority. "Gross revenues"
will also exclude any grants received by CONTRACTOR for specific tennis - related
programs at the Center.
4.2.3 During the term of this Agreement, CONTRACTOR shall prepare and submit to
the City, prior to October 1' of each fiscal year, or portion thereof that is within
the term hereof;. a proposed, detailed line-item annual operating budget foi the
Center, in 'compliance with a format reasonably requested by the City's Finance
Director. CONTRACTOR shall also prepare and submit, prior to October V of
each fiscal year that is within the term hereof, a cash flow budget, based on its
submitted operating budget for such fiscal year. The operating budget and the cash
flow budget shall be approved by the Finance Director, with such modifications as
the Finance Director shall make.
4.3 Sales and Use Tax.
It is also understood that payment of any required Florida State Sales and Use Tax shall be the
responsibility of CONTRACTOR. It is the City's intent that it is to receive all payments due from
CONTRACTOR (as contemplated in 4.2. 1) as net of such Florida State Sales and Use Tax.
SECTION 5. MAINTENANCE AND EXAMINATION OF RECORDS
CONTRACTOR shall maintain current, accurate, and complete financial records on an accrual
basis of accounting related to its operations pursuant to this Agreement. Systems and procedures
used to maintain these records shall include a system of internal controls and all accounting
-9-
records shall be maintained in accordance with generally accepted accounting principles and shall
be open to inspection and audit, by the City Manager or his designee upon reasonable prior..,
request and during normal business hours. Such records and accounts shall include a break-down
of revenues, expenses, and profit and loss statements. CONTRACTOR shall maintain accurate
receipt printing cash registers or a like alternative at the Center which %Till record. and show the
payment for every sale made . or service provided on the Center; and such other records shall be
maintained as would be required- by an independent CPA in order to audit a statement of annual
revenues and profit and lass statement pursuant to generally accepted accounting principles.
CONTRACTOR shall maintain its financial records pertaining to its operations for a period of
three - (3) years after the conclusion of any 'contract year and such records shah be open and
available to the City Manager or his designee; as deemed necessary by the City Manager or his
designee.
The City Manager or his designee shall be entitled to audit CONTRACTOR'S records pertaining
to its operation as ol%n 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 terra or for any
ether reascin. The City shall be responsible for paying all costs associated with such audits, unless
the audit(s) reveals a deficiency of five percent. (5 °gym) or more in CONTRACTOWS statement of
revenues for any. year or years audited, in which case CONTRACTOR; shall pay to the City,
wi h —in thirty (30) days of the audit being deemed (as especified, below), the cast of the audit
and a sun equal to the amount of the deficiency revealed by the audit, plus interest; pro ride
however, the audit shall not be deemed final until CONTR:ACT'OR has received the audit and
had, a reasonable opportunity to review . the audit and discuss the audit with the City.
CONTRACTOR shall submit ' cat, the and of each contract year, can audit
saPea?€PBTUis statement of
. rc —vjcs, m a fiorm caiisis+s, PPt with gcncraully acccptcd accotiriting: principles.
It is CONTIL ACTOWS intent to stay informed of comments from 'and suggestions- by the City
rcgarding CONT�. ,CT'OR`S perfoimPPaancc .undcr Laic Ag'recir- fenat. 'Wittahin t si y (a '0) days allcr t Pi
end: of each contract year CONTRACTOR -and City 'shall meet to review CONTIRACTOR'S
per ormY,af.cc unuu'gf the Agre^cmcnt V,r the pre vious contract ycar. At' `'thc !Tiding,
CONTRACTOR and City may discuss quality, operational, maintenance and any other tssUes
. cgs. Iding f'{g'iT.ZIT A i"'F'-�'.f R'S per ....... d-cr ILLI � A .,........•.. crit - ..
F••••••• !. ill 4t.1'?d: dVbt tY tr.4 €ViPPis�triCr uaPU.c.rP ESPi: rA�s, L+.:PPPfirPPt. .
. OIL $ EN -PIN.. 1 e i +3s LAS f�7 a.91 �i� ��ai� 3S i� 4i z�L L t3
7.1 CONTMALCTOR agrees to and shall pay before delllinquency all taxes and assessments of any
E .'esaG asse'sse'd Of 1evicd'uptpiP CON"!.atAti.,•,e OIR.' and ith,arsPdt`or.«ggai�:!�e hc - Qcn €cra .c4,- -ccp,: as
provided in subsection 7.2, by reason of this Agreement or by reason of the business or other
4:= :. , ' l�l eAT i';3 A : t'i f 4ii s:... `t th fl— I..,... flr%kT'. a3 A f'UPOJ3 J: 1..- V,-
acti# 3tics o- Y..OI i 2 ii3'S.0 3 lads upon or. • '�?3. onnii9�iiSili.&. wiuP ti. i�4i33Li✓3 . L'1.f2C i 3'saC1Es 31;331 VY 3PC3 V L
the. right, at its own expen_, to contest the amount or validity, in whole or in part, of any tax
aaP eryr uss%$asP'PCaat by fp�r1rprl tc } *ZCha t ds s s` it -9 %Pth �srufi,�e °t'Paf -,A =iP , r d s� PU&
20
CONTRACTOR may refrain from paying a tax or assessment to the extent it is contesting the
assessment or imposition of same in a manner that is in accordance with law; provided, however,
W, as a result of such contest, additional delinquency charges become due, CONTRACTOR shall
be responsible for such delinquency charges, in addition to payment of the contested tax and/or
assessment, if so ordered.
CONTRACTOR shall also pay for any fees imposed by law for licenses or permits for any
business or activities of CONTRACTOR at the Center under this Agreement.
The City shall maintain and pay for electricity, water and sewer and trash collection at the Center
during the term of this Agreement. CONTRACTOR shall pay, before delinquency, for any and all
telephone charges associated with the operation of the Center.
8.1 Principals
CONTRACTOR agrees that during the Term of this Agreement, Francisco Montana and John
McLean (individually, a ` Trincipar'; collectively, the "Principals') shall have active, ongoing
direct participation in the day to day operation, maintenance and management of the Center. In
the event that a Principal (or Principals) is no longer associated with CONTRACTOR, or
otherwise ceases to participate in the day to day operation, maintenance, and management of the
Center pursuant to this Agreement, then the City, at its sole option, may terminate this Agreement
for cause pursuant to Section 14. In the alternative,;; should the City not opt to terminate this
Agreement as provided therein, it shall have prior written approval as to any replacement of a
Principal or Principals subsequently offered by the CONTRACTOR.
8.2 Independent Contractors
In connection with the performance of its responsibilities hereunder, CONTRACTOR may hire its
own employees and/or independent contractors, who will be employees and/or independent
contractors of CONTRACTOR and not of the City. CONTRACTOR shall select the number,
function, compensation, including benefits (if any), and nay, at its discretion and at any time,
a4juust or revise the terms and conditions relating to such employees and/or independent
contractors.
8.3 Instructor Certification
The CONTRACTOR agrees that the Head Tennis Professionals who are, as of the
Commencement Date, identified as Francisco Montana and John McLean, and all 'Teaching
Assistants, shall be certified Tennis Professionals by USPTA, USIA or USPTR. The Mead
-11-
Tennis ProLession Center Managers, and
cxPerience in. tc-mm- hinstr-adtion and
maintenance and related activities.
Principals-, tnust• de-monstrate knoxvleige, Eind
actdvift--S Ea-Cilluity 1MrWgC-LfYMt., ✓rMiA_ court
8.4 Ur LjT_nm,_q ider.-tl:&atic..n-&C-b.--xac.ter
f-I xTrP13 A f"'Prl' .3 --A :4-
iU5 cn�plkmyccs andvor indAcpcindpent contractLors Sh-aff WCar approprWC
apparel, such that Center patrons can easily identi' CONTRACTOR- and its enTloyees and/or
Hy
ind&F-cadcrit con.41:1-a-dWors. ALIHI cm—FlOyCes ard"or indcpcnd1cr,4, cG-111.1amators S11-11 obscr-irc, 0-M, L11%,
graces of personal grooming. The CONMI ACTOR shall hire people to work in its operation who
—4. 1 11
-ll 1m'-- 1 arc Uv'at., ccan, . goomicl and' Shai compoAthcm11.v,s In a prof and courtcous
manner- The CONTRACTOR, .,and any persons hired by same, shall comply wiffi the pre-
1CquirQUE-1cl-It's Md standards* as cAtabli&I-rcal by-Affic Cab- of SdulLuMiarrd's Hurron-,
Y
Resources Department. If CONTRACTOR materially fails -to comply with these
h- provsions the
Fiji may s-nd not cc of df6atil, 1- CONTIRACT01, s�-" .vc an cpcncmcd n,=- bvr or
manag
.,ers overseeing the Center and related operations at all tomes Center is open to the general
8.5 Bgg-kgrou-nads and Drug Scree-nin-Re Au: rements
Tj-
IC PI1 A _TG
i D -11 -i —1-_ andlor indicy-cndcit, contractors sibmall mulcrgo a
71A- L , an 1ES _UW_iGyC%.,S auLV01
comprehensive back-ground check and drug screening in accordance -%dth the City's process and
nrust utij'_-jz_c a Qibf !" * vcd qgcrq�r' - , t' qi#0rj:0g ` Centar 4,-.o and "or
appm L,, Prior LV W% . .. ....
delivery of services. Employment may be contingent upon satisf-actory results as determined by
4.1-• 1_1 f'1r%'kTr' D A f'1-rnD'Q
LLI%W-.tf-. %.'VaL of said tcsts shaff bcthC It-WIN ISXX a_*._
SA"
y I E I T 10 N 9. H 0 LT 1 tS , - OF F ( If P E R,",,. LP 19% - IYINI Sk (.3. % OUT, TS US! A G E
9-1 flours ofDQy Operations
,
-11 - 041A A A A-
I Wc shaUll opcm andd-operetc ILLIC C�atmr- lfbir -I--- BUIOM O.VV. T'_1VJ_ to suadown
every day of the year, with the exception of closures :due to weather conditions or events of force -
majcarc, and ccrtairt 111011idd-a— agrecd upon by t1hc COIN11 I lr.T3 and Vac City.
L1QAL-1V1%. auu
9.2 Change in Hours of Operation
A :_ thc 1___ .9
, 'Y.0 J. rx all bc- Ia-t option and d
-,6r S 0 Lilt, %_iL so ULL lu anf
LU DULLY. ope. Lion shuall Y a J.%, VFL_ ri, all 7
requests by CONTRACT OR for an increase or decrease in same shall' be subject to the prior
,wn;ff,cn approv.-I ofthe City Managcr or hiss d1csigacc.
9.3 Court Usage
-M__ fV'Vkj'V'D A 4 4— in ord— to provid1c colms— pro `
I IN, N.AJ _N kjux- all LIN., k_ny M.Cognizc that U" BOSSIVILILL
tens management at the Center, C014TR-ALCTOR nmust provide services to a wide -kwiieety of
tc patrom (casual rml-Ca—do-Mul plffiay, Haag guic pla t41F.d1matkrPA4iP S and. sj oicia-1 (muvi
and adult comics, private lessons, etc.). , CONTRACTOR agrees that, in order to properly bailanoe
"y -P-- -11 wrinia
Y GL %vuLut uaLN auu Ltp vvuit avaa-Bla-b-mmy LVj. au ua%�Xa'
L LVUV
- Il. -
September through h
Days
Times
M—F
7:30 am. to 9:30 am.
M-F
9:30 a.m. to 11:30 am.
M-F
9:30 a.m. to 11:30 a.n-L
M—F
11:30 p.m. to 3:00 p.m.
M—F
3:00 p.m. to 4:30 p.m.
M—F
3:00 p.nL to 4:30 p.m.
M—F
4:30 n.m. to 6:00 p.m.
Court Usage Number of Courts
Recreational Play
4
Ladies League & Clinics
4*
Recreational Play
2
Recreational play
5
After-School Clinics Beginners
3
Recreational play
3
After Schools Clinics Int.-Adv.
3
M—F 4:30 p.m. to 7:00 p.m Recreational Play 3
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 Number of Courts
M—F
7:30 a.m. to 9:30 a.m.
Recreational Play
4
M—F
9:30 a.m. to 3:30 p.m.
Ladies & Junior Summer Camp
5
M—F
9:30 am. to 3:30 p.m.
Recreational Play
1
M—F
3:30 p.m. to 8:00 p.m.
Recreational Play
5
Sat-Sun
7:30 am. to 8:00 p.m.
Recreational Play
5
Unless noted otherwise, the remaining courts will be available for private and/or group lessons.
TO BE PROVIDED
10.1. Hourly Fees and Annual Permits
Prices charged shall comply with the City's established fees for hourly tennis court play and annual
permits, and shall be in accordance with the information included in Exhibit "E," attached hereto.
10.2 Professional Tennis Instruction Fee
The CONTRACTOR must comply with the fee schedule for the professional tennis instruction
that offers the tennis patron a choice in instructor level and hourly fee commensurate with the
instructor's level, as agreed upon and listed in Exhibit "F, attached hereto. Any change of this
said fee and instructor levels shall be approved by the City prior to implementation of fees.
10.3 EggWkhin L_Ooging Fe
Fees for hourly court rentals, lessons, clinics, merchandise, equipment rental, racquet stringing or
gripping and any other related items or services to be sold must be prominently posted at the
Center at those location(s) where such fees are normally paid. All fees and charges shall be
competitive with those charged by comparable public tennis centers in Mmmt Dade and Broward
Counties. Initial fees for programs, clinics and lessons are set forth in Exhibit "F" attached hereto.
-13-
10.4 Increased Fees Process
T11-1C Uz y Jai IR apUl -GVC M -a164 III au V — Mu C
c sY.0 :_ i
it;U6 Pd vi-ti Luvat., QtAk7licrifliv sct fo-l-
� 7 , lEn
"F", provided the CONTRACTOIRK, shall have the -right to increase, fees mi an an-nount equal
-4-- 4-t— _XY—A., -
amount o4faruy salCS am-ld usc; tax • inazasc. c alilul EDC %,_MCLr%7C uJaW 0117SUch cXlu?v'i`L OF
schcUALM. YY atal4J UL --ity z kAJALUSUILL.
10-5 Initial PrograrnOfferings
agrccs to VI-0-4-
- vidi, the p-ogarns and adclitio sen-kcs, zo-t fu-tu-, In j_,XJnv.&t
T", An implementation schedule of said -services shlaff bie- provided by the CONTRACTOR
A— _r �U_ 1"A 0-:A __ - L
VVILILLUL -4-1- __A
SiAll- UIU-�MIVLLZ�,
Y kDU) GayS 01 Elm, 1-0111111CMICCEMUL LAWC. Nalld SchcuLuc cuid. any M&
aul_ULXVllZ Ul UA-11,LLVUZ LU LUC UAL arc sulijko't tv U1%, FXlV.L vat G.L Lilv'k-IL.Y.
10.6 The CONTRAICIFOR-s-hall be authorized to provide courts, free. of ch-parge, duringg
1E Ci3fv3sAtlFdL:d A--
tcu-n:.1. dimaonstations, Promotional CVCI]tS,
dcS --A ljjCSSor6 I.0
'ing offi-
'r
ed tv U.Ml.
PUU-15, aL no Cli=Vl, aulvj%," 10 UP- P1101 vyl- ILECIII applu Val 01 LLIC Uny.
110.7 The CONTRACTOR will be required to implement court reservation policies in order to
jrLov cc proper court schIculuHng to cnsurc nmximurn. use of tl,-,c - C
CrAC11% LiA., coUrt reser-vatiort
policies may provide penalties for, cane-effled or m-used reservations' ' The court reservation
policies maAL be submillcd mi wriltinig and q-iprovod I--- thc Gq V p: W lcmcmallon
VY -
10-9 Amroval of Printed Materials.
4-u- -94-1— 1"1
Anny p:.-;at mel-criabs prcparcd,by UjXl C'021,4TRACT O]DR. f9bor usic of thc Ccnitcr:shall havc thm-approval
of the City prior to printing. Materials must include the City designatiormlogo an d appropriate
9
AIA " I --c:* Act) disc
I _1_L.Fj_X k2un
si n -Withu Disabbiluitics I il is I
-rV
MSLjAA!JP%ATlONQ , CV A AlTD Vp A IrR
01 MIALINITEINTAUNT . "0 P-
X� Xim, ly
11.1 Building and Facilities .iterations
t ZUE-MULIGnS Or a�=10.-FIS
to the, Center. - In the event of an emergency to prevent injury* to persons or property,
sla, use rcasor CTO-LLs to sccurc Cain: ancUtca arca and -Wil irrm-acudiat'Cly
notify the Citys Parks and Recreation Department to advise of said ernergempy. M. that tirne the.
Civy. thic saluatwin, furIfficir scciurc thc.arca in qucstiuri, an'd dd cmn 1"Urcca-MIS and -111CIULID-C!
of repairs. Any other alterations or additions shall be made at the CONTRACTORS'sole cost..
.%4_ 4. . .. — - A
and aadslin bcc---;, tbc Fropcmy ofUhic LEF-01-1
AF UUM, Lill.. L IGIM Wn OIL tMS AjFCOMIUCI-Al U=Ss
othermse agreed to by the City ,Manager or "his designee in writing' TONTRUACTOR shall not.
ilays.t. U.&C.L.1gut 1.0 cicm%, %ji FUJIM LlIQ QDauull vi duy iwn atLa4vilUIS LV %-ILy •ZF lLHlLlLZPL All Ujk%,
as a rcstdlt ol airy such mWLLaLlVL=P V1 aUUILLU!"
11.2 - BuildiingCs) and Facilities Maintenance
7 _iZc 4z 7---1 ".-MM I A Y--
U-JaL r-M V
BE 1.11C.1 aCILLIG VYlCdg-ZS t M-C'.Ut I -Al 1% - I UK shah' -110t lu-C utiricud LE) Wtil
restore, reftirbish, or otherwise incur any expense in irnprovi-%- or changing the condition of the
"i
-.1-- ;-.1MM —M. A
sarric rcquircs div CONIRACICPA. m CK Ld ldhIC' t-k-FICS'l-IGILd aj-Ul%'AU-U4L_ Of :D8,1 VV - yLd:
occ=n c ... . .. - .. .. . - -
.1 & PUL a
Ilk Lllt� jLLU Uffil Mvlp UVII VL t_,VjULLlUULL%jU Vi tut, Ull,
forgoing, the City shall continue to maintain all major electrical, A/C, plumbing and structural
systems, at its sole cost. For purposes of this Agreement, "occurrence" shall be defined to be a
repair or series of repairs related to the same problem or incident.
CONTRACTOR shall not be responsible for. major repairs to roofing, exterior walls, air-
conditioning, plumbing, irrigation system (other than replacement of sprinkler heads), electrical
system(s) or foundations. The City will be responsible for those costs in excess of said $1,000.00
per occurrence. Otherwise, CONTRACTOR shall be responsible for the maintenance of all items
located inside the fence line of the Tennis Center as well as the Pro Shop building and the practice
wall.
The City will maintain the grass areas in those portions of Dante Fasceli Park surrounding the
Center. In addition, the City will provide twice -daily cleanings of the restrooms located adjacent
to the Tennis Pro Shop. It will be CONTRACTOR's responsibility to inspect and clean the
restrooms as necessary between cleanings by City staff to ensure that the restrooms remain in a
clean and odor -free condition throughout the day. CONTRACTOR shall maintain a supply of
cleaning supplies and tissue paper to re- stuck the restrooms as needed.
11.3 Courts and Related Facilities Maintenance Standards
The parties herein acknowledge, and CONTRACTOR agrees to be bound by the Minimum
Maintenance Standards as delineated in Exhibit "G", attached hereto, which include Tennis Court
Maintenance Standards (collectively, the "Maintenance Standards "). The City shall from time to
time conduct inspections of the Center to determine compliance with Standards and submit its
finding in writing to CONTRACTOR. The CONTRACTOR. agrees to promptly respond to the
City's findings in writing, addressing all findings including an action plan and tinge line for
correcting any discrepancies identified in said findings. It is further understood that upon the
request of the City, CONTRACTOR shall periodically, or upon the City`s written request, provide
the City Manager or his designee, with a maintenance report in a format approved by the City.
11.4 Litter. Garbage and Debris Removal
With respect to litter, garbage and debris removal, the CONTRACTOR shall provide, at its sole
cost and expense, receptacles within the confines of the Center and shall provide a sufficient
number of these receptacles for its own use and for the use of the public. Disposal of the contents
of said receptacles and removal of litter, garbage and debris within the Center, shall be done on a
daily basis, and shall be the sole responsibility of the CONTRACTOR. The CONTRACTOR shall
be permitted to utilize the City`s current trash removal procedures.
11.5 EgLfipment
The CONTRACTOR must provide and maintain, at its own cost and expense, all materials, labor,
and any and all equipment required to operate the Center. CONTRACTOR shall maintain said
equipment during the term of this Agreement. In the event any of the CONTRACTOR "S
equipment or materials are lost, stolen, or damaged, they shall be replaced or repaired at the sole
cost and expense of the CONTRACTOR in no more than five (5) days from date of loss, or if not
_15-
possible-, within such time frame, as promptly as reasonably possible, but in no event to exceed
CONTRACTOR and City agree that CONTRACTOR will be permitted use of existing City-
--M as4 -.se4 •aa4 aa4 -:av ,a4 as 4 4 :a 3`�..i � }S f i [ -.D d = 8 3 £J A E "i 6 ii8 •F +a,S- s:ax.
0"-", tt UI2P1'36,1LE SVcaL4,LL aL LIA, %A 1iLLf .ti. P1V itlst LLS sk-UN 22L. -OL f L1iL. Ukhn f 253!!114.1
ackno- wFledges that said equipment,: more fully described in exhibit "'IT' attached hereto, s being
4a,}° ` • `•4 0 l i 4u+aa4 s 'e s`s.,`e s: e.w n e i a ae� MA V%. `UAW . 411%,
K25J4t4'�1.ft4A,.t LSt s'E3F t'Gi.? .4T, iiliLl4tdtFVA1, 'cf1'Ltt tLFCti L.r -Rlll 220t�E.wi Vf\ YV d1i L'ta F3,J�.Ril1AJLit2Fd 2.V1 i1A4 EA.'AEiLt22L21€3.fFVx,
and upkeep of said equipment for the duration of this agreerr?e'nt: All City-owned equipment must
b,- •.4a ,.a8 41. $ 4i-.a. :{ ti+v +s4 as -_'FS- 3/s ffs azz3:4s,
L,P,.' x%,ttulmu LV tn%, L.isy a.L LLAL: %,ApldsiaMn 01 1111B 'a1r'_ ,i- ain-tAL 3s2 ."isiv�sctLAt.esiLL i11e� SME Mrk, €O- MUMIGIA a-a AL
VVa-1 F1_,46f1LYrt4, VIAM Lt1lr LA4E:p 1V61 Ut. 11V1111a vv%, a1 iulu Lisp.
ILA- Orderly. Operation
s ° "riis.ira }= n.i ' i riffs ila :" haaa a.. t a' . :a`,arly . i-a,... L U L111 ..-a .+i. 4a.i'a �..aa
1LPLs C,rL+P if`S.t°rLf LffL. JSfQ33 -dLf.3 +1W L1i<GLL - L1L.2i.L V1.5.3LPt3' Lf li:1a€dVdP !LL- r. }w 41t1PLJ ¢a.it43 -' Jd36t3f £J&.r. J4F1111Y
re Ponsible fdr- the necessary housekeepin services for the Center. There shall be no living
i'e i•.:,. - '" a i' +. ,:+•e -,.� i -`o..a e'-`. i- .,.,.. ^•e a e'e3 is •'�`i ae�. • •a 's<..
4.¢lltS f. itel.7 fdlfl 'SYdG1dL affy VAty tl4 F%,L11nLMU R WALAFE1L IPdL lrLtdl4L .• 4i./11 itF.f�- 1'v2if'3A JLPi@di Mak.4
available all facilities within the Center under its control for examination during hours of operation
Ley Lim, i. -Ly Fnaiaita iji V1 13}� uLLa iiiv.
11.7 loo Danwrous Materials
i o-„a s •i aieT 6. IJ .R a 9 -MD 4 f -4 ti-'e4,. a ^,:4.t,,,,n ' et :,
2111 L. V2 A i 2Lt2.ie 2 LJ2L asx v"S LWL tlf 4LJV 6!1 pOsP312'it 4At RSAL.< t�irdtlLf..1.ti4 sE4l1 fE�.,,L.r .E= 6:i.t1LR1 CC34. .111 IMV,
%el oils, diesel, ?lluminatin oils oil lamps; combustible powered electricity producing generators,
1.i1FC+t+t.1U%1. , tL:LILLtE i ptVpaLfc."L"a+4l . A16a.-,, il V4!Sa'.4,+.t s, • sFL MLraStECz, dPisJ, sis+ ataia,
6sVlfavS.i.SL1tltL
materials, or explosives o€ any kind, or any substance or thin; prohibited in the standard policies
If date lL1SeEancc Con- w -anics Au Lire. }'•,dRaW Vl l 10rid a. c- s'ta`y SUC.1'1 SUDSE'anUCS.Of. 111a Wilma vUna ITLIAaut '
the Center shall be immediately removed. Notwithstanding any contrary - provisions of this
R a,s.as+t t 'i ii `�` 9 15 £ S S ri.6 t4•eaae 4ea+ 8 f 4 --,, faaa 3 + Q:sas +a•e<ES • i ia,a -i d;4_1
YL�'f LLdtiLltiy t,�.i11 V.1Lt14::.f LJt1y .Sa1,lLi iddL 4.eViSliii4.,iPiiisl emit DaLe, sAdtdiA PLtacinAiw and
1147132 1LSty
harmless. from any toss, damage; cost, or expense of the City, - including,• Without limitation,
,Z„ `� a it t � a+,.«..+ • `4i, i -'s... 'ea +,.a,..•.
16 OU.)VII"GA, aLf.0111!!, ' .l EE'vte,?+, dLt6�t#2.t.4 it 6 3 tGt tOe;fUIL iy'L, GLlfs3d ..iS tRtity, 'Vt Gll1t6P9.,6iR6Jtt {'7Sltt ltt4 FACL0.rlrif16:3t&
by CONTRACTOR., after the Commencement Date, but during the term ? of this Agreement, of
ally 11CiiiUVU.5 SUL1JLaL1%A,, V1 {1isl1VSLLuit. pi V4Sf.2aLa Vii, ID. lutl1, tff Vt UI FVlt tiff!, %-- ,dtLLf a3. UWZ, L%Af La
are defined by applicable Federal and State Statute, or any environmental rtes and environITme.ntal
reguitIll24 5SJ ptil3tIUIr4LLisi2 LL0111L LULlSLd,- PI 0.f VIUL tl, flu YY\r Nf.1l, i.�O t- A \f-L. t OR .1. AlGEt! 1 avc no LltlE�dis O
for any violation, arising or damage incurred as a result 'of the "illful .-misconduct. or gross
rt -ta t.. i,+s ,e.,+e. 6•a, + i- MIS E,+iss.,a,MA-3wa -t
ttil✓�fi�Li2i,4 e.. -t71 t311 VFt�yy, ilJ t7.�y1. 421J, a`uS.,i VL'12L3 fJ1V221�.iEt3 j�'i. -6 ]. 13SL j.}lJYlsfiJ£t) ill LLti3 L7:.LLIJLL €3tf34JL4ti33
ssir "YdBis
4iL4 tis•AitMIaittltl !71 Carl, _t,f ! _% #Fl zt LV %F tiff GLtls ! L l 4LBlGF
11.8 Secur?.
r "-riff. -""` s n e •• a its • `° ` 'ss's --. " ` i..'}a '4a.
L SSL i..•Ll2`i i iL1Z•.✓ A k+3L j='�'.all L16.+.1'_SL 'V1Is' -U2L 3.:1 at na j1MVSLEL 1i:;3.20ML12L SCA'Ut 2t }r IL2L,�USLUS.:S €2313€ Ilay
be required to protect the Center and any of the equipment, materials and facilities thereon_
L..•'L2Et4,t ![ €!. 6sllirL,LLitsC.,`R�rii,rt..•S S22CL26 ttd4 LrlC LlL rEs pilP7l:"It.• 'lux arty zCi1tLEf Vi 134Lt2�:-W `• LLi 11LUILiL
materials and supplies, nor •shall the City be responsible for a=ny stolen ;or, damaged personal
;:ifii r.-i!y V! 4_•VSY 1'14t7LitJ 4L t3 xf.' Li GMIS,!4.s.'a..ASJ in" 2LC : aE2421[21 OEF311 1333242. }tat LI -Q6.
-16-
11.9 Infection
The CONTRACTOR agrees that the Center and all facilities, equipment, and operations thereon
may be inspected at any time daring hours of operation by the City Manager or his designee, or by
any other Municipal, County, State officer, or agency having responsibilities for inspections of
such operations. The CONTRACTOR hereby waives all claims against the City for compensation
for loss or damage sustained by reason of any interference (which interference, if by the City,
must be reasonable) with the operations by any public agency or ofcial in enforcing its or his
duties or any laws or ordinances. Any such interference (which innterference, if by the City, must
be reasonable) shall not relieve the CONTRACTOR from any obligation hereunder.
SECTION 12. INSURANCE
The city shall not be held liable or responsible for any claims which may result from acts, errors or
omissions of CONTRACTOR, subcontractors, suppliers or laborers. In reviewing, approving or
rejecting any submissions or acts of CONTRACTOR, the city in no way assumes responsibility or
liability for the acts, errors or omissions of CONTRACTOR or subcontractors.
CONTRACTOR shall not commence work under this agreement until it has obtained all insurance
required by the city. CONTRACTOR shall defend, indemnify and hold the city harmless from any
and all claims, liability, losses, expenses and causes of action arising solely out of a negligent act,
error, or omission or misconduct of CONTRACTOR, or CONTRACTOR's subcontractors,
suppliers and laborers incident to the performance of CONTRACTOR's services under this
agreement. CONTRACTOR shall pay all claims, dosses, fines, penalties, costs and expenses of
any nature whatsoever resulting from its intentional misconduct or negligence.
CONTRACTOR shall maintain during the term of this agreement the following insurance;
B. Workers' Compensation Insurance in compliance with Chapter 440, Florida
Statutes, as presently written or hereafter amended.
C. The policies shall contain waiver of subrogation against the city where
applicable and shall expressly provide that the policy or policies are
primary over any other insurance that the city may have. The city reserves
the right to request a copy of the required policies for review. All policies
-17-
shall contain a "sever- abilitV of fnteresf' or "cross iiabiliV` clause without
roas.'ESSfe-�:1 �t.'a �g0�••F•-ratttt2- vlFxs xte•saf23 A=
it me v+ai-iF
,. } }.�;:a g.r �iiiLtiss A�e:._yais�•saL s�
D. Al uirm'ce policies required must be written by .a. company or- companies
� tE fi •aa t : 2 s ff f'St 1�T!. A • S
f3c5!< 31'1 422f1 ?YdSSY335t3 3142ft 3A'_ _ Ts'• £ "?f\ TSft?}S!l.t413
i S,bb4d48 !6 i�+'.•A �L :dil LL+ •ee•'• %ee:,tyyLili�iiL t•.7�fO.i a! L %. YU_ L L+-Mas 11 "a? LV -= 'f'- •i•..•T.'�
stren h in the West edition 6f the Besfs urwnce Guide, . published by
A [ t [ "6k iS`1. J_1%1 :6 1'.q 11A. -- Vu - p . -
ltuM � cct. L- 4,-V4: ,EVLR_ 1- qt,,,v L -VI.A. 6 ld
Vis'°•feet f� t EI-V .3 i ws of me ., i liS d a
. LLL-01 VI tAM T
F: The pub c'y or policies of insuran requi d shah he Witten in a manner
#1 32f13 3A® vy, f14+ 4ldlft(+53_ 4'3^.Ff4F f'4 /1% Al'04'11.363!t f'}. 6ta2 xf• eF M_A_.'}!ta —U
a�,i.�:sa LtiG:,L Lti6. �:!irai�} cra {..ASSiiaaim.•o t.Aicxy aaV€ ��a.• o:€�:tae..�a•ae�.t. vE sii€�ee:aaas,;.a4 `:Ti..eia;�e�*�.
tho t 60 days advance Witten notice to the' city. r tten notice shall be
v''L✓'.'F.C,.'O 1- 111.�dS E01.0.1 4'1tL:2o'At+°fr',,at Lot, auE'lE'%,
City of Swath is ni
— s ;ffi �a t_tnt cs a cia' rg.� Fs .tfi
61 30 Sunset !give
g•a...f°a rH°�. :.. . 4.. . i`faI wa cs
t7Vutu ldic rd, '.
Ct?NTR 4C.TO_R shall Jh int aerti eates of ins ance to the city prior to t he
al •[-KYXA Yar+ w.f•e9ia.as9 -r,� ca.•n-
C,•udt�etA'si•eAa:•L•ItAB.,•!!t C:t CtfdL• €L:AAas[ea. GSA►. C'.•L•S6StIL• @LE,'3 �:IL'.tA C,•dCrtiiG)F 1[CiEa;QLt.• Le3^L
instrjeto£ has uhtained insurance irk the type, amox_1 !t; and classificat?un as
4'ui.. ui'A %-u tut s S .Paut cominpllA3, roc Wash, L S3s pa'.,A.nagr 87li1. .
A
ConplianFe xNith the foregoing requirements shall not relieve CONTRA R Qf tIs l ability and
.; ltd.'..t1V1.•aS E.'•..€ACd}w£ L1 TS.7 GI�Lii,•8: S6a�S£L.
F eel 6 — 8 �i
vs,e�aavie za, r.
13.1 in consideration, of a separate and. specific con ideation cf $10.00 and other ;cod and
va LiL`:C is cEES. iL crzit:ust L11C. :. reccipt altt•.2 SL:l i.tCd4,•![C.'}` O . illi , L arc. LL.'t GCf �. it ,•6!d [lf tRYdW{l.j�' �y
CONTRAC'1OR shall indemnify, hold ha mess and defen€1 the Cit3, it's agents, servants and
�.:.fa.al ..,n� -
BSftJ2VyftstrJ 11.VLIi gl.I%t agati[�j.' an f✓Y�tE t;ly L.tL4!'tEiI Ft1 u! 1:E3.4S.Sti FJl L'8 °.: LtEl21 Vl. iN3ditLSVt+V E.t Mill L t1t 11aLLU%j
arising o-lat of error, omission, or negligent act of CONTRACT R, its subcontracto£(s), agents,
S%0_f %'OA1L:1 uE `•11Aj kgLJF Y`%A,•3 l.t LAAC,• FL,11VILISL i[LL• V& Z2%1L VMA1,A L•ulu%,t Llua 1ZYt::Ltd 6L•StL LUA[L'S3 SUCIr %Aaiitty
C;.t,manu Vt •a✓23.'I a%., Ut diAtu. -I a iscs as a dt..su.1t Vt MIC, City'S g-s- !l - --- �Lti:ai., Vt YV Tldi EAt lETtST✓Vt1CL4,1L: t.
13.! [n addition, in cons'derati6n" of a separate and specifiz consideration of $! 0.00 and other
600'.1. MiCi !'aivaEf L t=•Vt2a�At.¢tA ELL!"it Lt t6.• IL•F.,i.•F¢lt ant.! 1Lt11PL•!L,•11t�C ut VY1111%•11 at4 In't atl Y� `F,rsf..
E .0 q,q G R ! OR• s3'71 _' -'�.1 'ES9P,S'YFt7n s nf"'.1.,*l„ ha?mless- and uPfF'nC7. TFlP CiTiF, 7Ps agiP,nSsy sP3j`S7a3iTv and
L'!'. .310 YSatr3 -nuxil :uiu ag-aaunitsL .:rC -aiait A.. acmnarid ut v:Lum V!- C3.i.Ltutt Vi YYL1^.L•v VL! A111U VF naattu%,
arASi?t u� t � 2l mi Cunauci of 4 J Kf$ i E�1' nQt iriClride i?2 LrE� sas a ai?i? 4?i tE� r S?Cts_4nn
aRL3ilV:, 1LL fE3t YYtAAE.:tR L1tC, t <E Y. u:7 a ..may -,%P ralua Eft' LtllAd!CJ!`I.�J at4 tati.j_S:.L... tc, tic -i 11-`1,
tR
13.3 Subsections 13.1 and 13.2 shall survive the termination or expiration -of this Agreement.
Subsections 13.1 and 13.2 shall not apply, however, to any such liability, that arises as a result of
the willful misconduct or gross negligence of the City, its agents, servants or employees.
13.4 Subrogation
The terms of insurance policies referred to in Section 12 shall preclude subrogation claims against
CONTRACTOR, the City and their respective officers, employees and agents.
13.5 Force Ma�eure.
Neither party shall be obligated to perform hereunder and neither party shall be deemed to be in
default if performance is prevented by:
a.. Fire which renders at least thirty percent (30 %) of the cumulative facilities
unusable and which is not caused by negligence of CONTRACTOR;
b. Earthquake; hurricane; flood; act of Clod; civil comm tion occurring at the
Center during or in, connection with any event; or other natter or condition
of like nature; or
C. Any law, ordinance, .rule, regulation or .order of any public or military
authority stemming from the existence of economic or energy controls,
hostilities, or war.
The parties hereto acknowledge that CONTRACTOWS obligations and benefits hereunder may
be negatively affected by an event of Force Majeure. if an event of Force Majeure occurs during
the term of this Agreement, and provided further that CONTRACTOR'S payment(s) to the City
for that contract, year is greater than the applicable percentage payment, then the City Manager or
his designee, in his sole discretion, may extend the term of this Agreement for a reasonable period
of tune; provided, however, such extension shall take effect only if CONTRACTOR agrees to
such extension.
13.6 Labor Dispute
Fn the event of a labor dispute which results in a strike, picket or boycott affecting the Center or
operation described in this Agreement, CONTRACTOR shall not thereby be deemed to be in
default or to have breached any part of this Agreement, unless such dispute shall have been
caused by illegal labor practices or violations by CONTRACTOR of applicable collective
bargaining agreements and there has been a final determination of such fact which is not cured by
CONTRACTOR,Nithin thirty (30) days.
13.7 Waiver of Loss from Hazards
The CONTRACTOR hereby expressly waives all claims against the City for loss or damage
sustained by the CONTRACTOR resulting from fire, water, natural disasters/acts of God (e.g.
hurricane, tornado, etc.), civil commotion,, riot or any other Force Majeure contemplated in
Subsection 13.5 and Labor Dispute in Subsection 13.5 above, and the CONTRACTOR hereby
expressly waives all rights, claims and demands against the City and forever releases and
-14-
discharges the City from all demands, claims, actions and causes of action arising from any of the
aforesaid causes.
SECTION 14. DEFAULT AND TERMINATION
Subsections 14.1 through 14.3 shall constitute events of default under this Agreement. An event
of default by CONTRACTOR shall entitle City. to exercise any and all remedies described as
CAys remedies under this Agreement, including but not limited to those set forth in Subsection
14 -4. An event of default by City shall entitle CONTRACTOR to exercise any and all remedies
described as CONTRACTOWS remedies under this Agreement, including but not limited to those .
set forth. in Subsection 14.5.
14.1. Ba�ptcv .
If either the City or CONTRACTOR shah be adjudged bankrupt or insolvent, or if any receiver or
trustee of all or any part of the business property of either party shall be appointed., or if any
receiver of all or any part of the business property shall be appointed and shall not be discharged
within sixty ( ) days after appointment, or if either party shall make an assignment of its property
for the benefit of creditors, or shall file a voluntary petition in bankruptcy, or insolvency, or shall
apply for reorganization or arrangement with its creditors under the bankruptcy or insolvency
laws now in force or hereinafter enacted, Federal, State, or otherwise, or if such petitions shall be
filed against either party and shall not be dismissed within sixty (60) days after such filing, then the
other party may immediately, or at any time thereafter, and without further demand or notice,
terminate this Agreement without berg prejudiced as to any remedieswhich may be available to it
for breach of contract.
14.2 Default. in Payment
In the event CONTRACTOR fatils to submit any payment within five (5) days of its due date,
there shall be a late charge of $50.00 per day for: such late payment, in addition to interest at the
highest rate allowable by law (currently 121/a per annum). If any payment and accumulated
penalties are not received within fifteen (15) days after the payment due date, and such failure
continues three (3) days after receipt of written notice thereof then the City may, without further
demand or notice, terminate this Agreement without being prejudiced as to any remedies which
may be available to it for breach of contract; and may begin procedures to collect the Performance
Bond or Alternative Security required in Section 4.1 herein.
143 Nog: Monetary Default
In the event that CONTRACTOR or the City fails to perform or observe any of the covenants,
tens or provisions under this Agreement, and such failure continues thirty (30) days after written
notice thereof from the other party hereto, such non - defaulting party may immediately or at any
time thereafter, and without further demand or notice, terminate this Agreement without being
prejudiced as to any remedies which may be available to it for breach of contract. In the event
that a default is not reasonably susceptible to being cured within such period, the defaulting party
shall not be considered in default .if it shall, within such period, commence with due diligence and
dispatch to cure such default and thereafter completes with dispatch and due diligence the curing
of such default; but in no event shall such extended care period exceed ninety (90) days from the
-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 Defaulfi
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 defamlts, including but not
limited to the right to give to CONTRACTOR a notice of termination of this Agreement. If such
notice is given, the term of this Agreement shall terminate upon the date specified in such notice
from City to CONTRACTOR. On the date so specified, CONTRACTOR shall then quit and
surrender the Center to City pursuant to the provisions of Subsection 14.7. Upon the termination
of this Agreement, all rights and interest of CONTRACTOR in and to the Center and to this
Agreement, and every part thereof, shall cease and terminate and City may, in addition to any
other rights and remedies it may have, retain all sums paid to it by CONTRACTOR under this
Agreement, including but not limited to, beginning procedures to collect the Performance Bond or
Alternate Security required in Section 4.1 herein. In addition to the rights set forth above, City
shall have the rights to pursue any and all of the following:
a. The right to injunction or other similar relief available to it under Florida law
against CONTRACTOR; and or
b. The right to maintain any and all actions at law or suits in equity or other
proper proceedings to obtain damages resulting from CONTRACTOR'S
default.
14.5 If any of the events of default, as set forth in this Section, by the City shall occur, the
CONTRACTOR. may, after notice (if required) and the expiration of the cure periods, as provided
above, at its sole option and discretion, terminate this Agreement upon written notice to the City
and/or sue for damages. Said termination shall become effective upon receipt of a written notice
of termination by the City, but in no event shall CONTRACTOR specify a termination date that is
less than sixty (60) days from the date of the written termination notice. On the date specified in
the notice, CONTRACTOR shall quit and surrender the Center to City pursuant to the provisions
of Subsection 14.7.
14.6 Surrender of Center
At the expiration of this Agreement, or earlier termination in accordance with the terms of this
Agreement, CONTRACTOR shall surrender the Center in the same condition as the Center was
prior to the commencement of this Agreement, reasonable wear and tear, and City maintenance
and repair obligations, excepted. CONTRACTOR shall remove all its equipment, fixtures,
personal property, etc. upon five (5)- business days written notice from the City Manager or his
designee unless a longer time period is agreed to by the City. The CONTRACTOR'S obligation .
to observe or perform this covenant shall survive the expiration or other termination of this
Agreement. Continued occupancy of the Center after termination of the Agreement vdthout 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.
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 (ail of the forgoing are herein after referred to collectively as
'transfers "), without the prior written consent of the City.
SECTION 16. SPEC UL EVENTS
16.1 CONTRACTOR'S 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, CONTRACTOWS "Special Event" shall
mean any event not previously provided for in Exhibit '7% in which CONTRACTOR shall
dedicate, and close to the general. public, 501% 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 tends 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 remain
open during special events and/or productions, the CONTRACTOR may be alloyed to have in
operation its normal daily complement of equipment and star "Normal" shall be defined as
equipment and std 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 Pager
or his designee. To the extent that the normal daily complement of equipment and staff is
displaced by the special event and/or production, the CONTRACTOR may reallocate such
-22-
displaced equipment and staff on a pro -rata basis within the Center not being utilized by the
special event.
SECTION 17. 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 effect or hereafter enacted or
adopted. The CONTRACTOR will protect, indemnify, and forever save and keep harmless the
City, its agents, employees and contractors from and against damage, penalty, fine, judgment,
expense or charge suffered, unposed, assessed or incurred for any violation, or breach of any law,
ordinance, rule, order or regulation occasioned by any act, neglect or omission of the
CONTRACTOR, or any of its subcontractors, employees or agents. In the event of any violation
by the CONTRACTOR or if the City or its authorized representative shall deem any conduct on
the part of the CONTRACTOR to be objectionable or improper, CONTRACTOR shall be
deemed to be in default of this Agreement should CONTRACTOR. fail to correct any such
violation, conduct, or practice to the satisfaction of the City within twenty- -four (24) hours after
receiving written notice of the nature and extent of such violation, conduct, or practice.
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 THE CITY:
With copies to:
Maria V. Davis
City Manager
City of South Nfiami
6130 Sunset Drive
South Miami, Florida 33143
City Attorney
City of South Miami.
6130 Sunset Drive
South Murry, 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 mailing address at any time upon giving
the other party written notification. All notices under this Agreement must be in writing.
-23-
SECTION 19. LAWS
19.1 Con piiance
CONTRACTOR shall comply with all applicable City, County, State, and Federal ordinances,
statutes, rules and regulations, including but not limited to all applicable enviromnental City,
County, State, and Federal ordinances, statutes, rules and regulations.
19.2 Governing Law
This Agreement shall be deemed to have been made and shall be construed and interpreted in
accordance with the laws of the State of Florida. In case of any inconsistency between the tens
of this Agreement, and any applicable general or special law, said general or special lave shall
prevail.
19.3 Prevailing. i<arty and Attomev's Fees
In the event that it becomes necessary for either party to pursue legal action in order to enforce
the tens of this agreement, the prevailing party shalt be entitled to its reasonable attorney's fees
and costs.
19.4 Equal pIwMe% Qpportu�rity
Neither CONTRACTOR nor any affiliate of CONTRACTOR performing services hereunder, or
pursuant hereto, will discriminate against any employee or applicant for employment because of
race, creed, sex„ color, national origin, sexual orientation or disability, as defined in 'Title I or of
ADA or Title VIi. CONTRACTOR will take e steps to utilize minorities and females in
the ,work force and in correlative business enterprises.
19.5 No Mcritnination
The CONTRACTOR agrees that there shall be no discrimination as to race, religion, color, sex,
national origin, age, disability, veteran status or sexual orientation in the operations referred to by
this Agreement;. and further, there shall be no discrimination regarding any use, service,.
maintenance or operation within the Center. All services offered at the Center shalt 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
20.1 Independent Contractor
Contractor is fimushing its services as an independent contractor and nothing in. this agreement
shall create any association, partnership or joint venture between the parties, or any employer -
employee relationships.
20.2 Modifications
This Agreement cannot be changed or modified except by agreement in writing executed by all
parties hereto. CONTRACTOR acknowledges that no modification to this Agreement shall be
-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 Lager or his designee.
20.3 Conmlete 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 utters
as contemplated herein.
20.4 Ileadin�s
The section, subsection and paragraph headings contained herein are for convenience of reference
only and are not intended to define, limit, or describe the scope or intent of any provision of this
Agreement.
20.5 B ding Effect
This Agreement shall be binding upon and inure to the benefit of the parties hereto and their .
respective successors and permitted assigns.
20.6 Clauses
The illegality or invalidity of any term or any clause of this Agreement shall not affect the validity
of the remainder of the Agreement, and the Agreement shall remain in full force and effect as if
such illegal or invalid term or clause were not contained herein unless the elimination of such
provision detrimentally reduces the consideration or benefits that either party is to receive under
this Agreement or materially affects the continuing operation of this Agreement.
20.7 Severability
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 Right ofELfty
The City, at the direction of the City Manager, shall at all times during hours of operation, have
the right to enter into and upon any and all parts of the Center for the purposes of examining the
same for any reason relating to the obligations of parties to this Agreement.
20.9 Not a Lease
It is expressly understood and agreed that no part, parcel, building, facility, equipment or space is
leased to the CONTRACTOR, that CONTRACTOR is a contractor providing management
services for the City and not a lessee; and that the CONTRACTOWS right to manage and operate
the Center for the City shall continue only so long as this Agreement remains in effect.
20.10 Signage
CONTRACTOR shall provide, at its stale 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, Mate and Federal laws and regulations. Any signage posted by
CEO TRACTOR at the Center shall be subject to the prior written approval of the City as to size,
shape and placement of same.
20.11 Conflict of Interest
CONTRACTOR shall perform its services under this Agreement and conduct the professional
tennis management and operations contemplated herein, in a manner so as to show no preference
for other tennis operations/facilities owned, operated, managed, or otherwise controlled by
CONTRACTOR with regard to its responsibilities pursuant to this Agreement.
20.12 lZeasonableiess
Notwithstanding anything to the contrary in this Agreement., including but not limited to
references to "sale option" or "sole discretion" or words of sib meaning, in each instance in
which the approval or consent or other action of the City Commission or the City Manager or his
designee is allowed or required in this Agreement, such approval, consent or other action shall not
be unreasonably withheld, conditioned or delayed.
20.13 Procedure for Approvals andlor Consents
In each instance in which the approval or.consent of the City Mager or his designee is allowed
or required in this Agreement, it is acknowledged that such authority has been expressly provided
herein to the City Manager or his designee by the Mayor and City Commission of the City. In
each instance in which the approval or consent of the City 14nager 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 shall have up to
sixty (60) days from the date of Approval Request to provide written notice to CONTRACTOR
approving of, consenting to or disapproving of the request. However, the City Manager or has
designee's failure to consider such request within this tine provided shall not be deemed a waiver,
nor shall CONTRACTOR- assume that the request is automatically approved and consented to.
The Subsection shall not apply to approvals required herein by the Mayor and City Commission.
20.14. No
No waiver of any covenant or condition of this Agreement by either party shall be deemed to
imply or constitute a waiver in the future of the same covenant or condition or of any other
covenant or condition of this Agreement.
20.15 No Third Rarty Beneficiarry
Nothing in this Agreement shall confer upon any person or entity,' including, but not limited to
subcontractors, other . than the parties hereto and their respective successors and permitted
assigns, any rights or remedies by reason of this Agreement.
SECTION 21. LIMITATION OF LIABILITY
Nothing contained in this Agreement is in any way intended to be a waiver of limitation placed
upon the Citys liability as set feed-, in Florida Statutes, Section 768.25.
-26-
SECTION 22. VENUE
This Agreement shall be enforceable in Mmm Dade County, Florida, and if legal action is
necessary by either party with respect to the enforcement of any and all the terms or conditions
herein, exclusive venue for the enforcement of same shall lie in N iami -Dade County, Florida.
CITY AND CONTRACTOR HEREBY KNOWINGLY AND INTENTIONALLY WAIVE
THE RIGHT TO TRIAL BY JURY IN ANY ACTION OR PROCEEDING THAT CITY
AND CONTRACTOR MAY HEREIN AFTER INSTITUTE AGAINST EACH OTHER
WITH RESPECT TO ANY MATTER ARISING OUT OF OR RELATED TO THIS
AGREEMENT OR THE CENTER.
SIGNATURE PAGE TO FOLLOW
-27-
m wmms WHEREOF, the parties hereto have caused their names to be sued and their
seals to be axed, all as of the day and year indicating their agreement.
Attest: For City:
CITY CLERK
SECRETARY
Approved as to form and legal sufficiency:
CITY MANAGER
For Contractor:
Montana-McLean Tennis, Inc.
PRESIDENT
City Attorney
C:/My DowmenWWoad DocumenasfTennisContrac tVYonti+Bod inai
-29-
I+ XiEBIT "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,
I
n its sole discretion., determines that CONTRACTOR has made its best effort to fuM its
obligation towards the initial $20,000.00 investment, and no further improvements can be
realized, then the City may, at its sole discretion, allow CONTRACTOR to set aside any amount
remaining from the initial investment to be used for future capital improvements to the Center.
2. Monthly Payment
CONTRACTOR. will pay the greater of the following amounts to the City on a monthly basis as
part of a revenue sharing proposal:
10®x® of Gross Monthly Revenues
or
$1,750.00 per month during year one
$1,$00.00 per mouth during year two
$1,850.00 per month during year three
-29-
m
m
s
a
P
L7
pm Shop
R
E IT "B"
TENNIS CENTER SITE PLAN
pfqmrw une
-30-
EXHIBIT 66C99
RFP SCOPE OF SERVICES
A. INTENT
The City is seeking proposals from experienced, adequately financed and qualified tennis center
management firms and/or individuals to provide tends instruction, maintenance and management
at the City's Tennis Center located at Dante Fascell Park (8500 Red Road). Proposers must be a
certified Tennis Professional by USPTA, or USTA, (or other Certified Tennis Agency) or to
become certified within 90 days of the execution of the contract. Proposers must demonstrate
knowledge and experience in tennis instruction and related activities, facility management, tennis
court maintenance and related activities, as well as, knowledge of the legal requirements that are
involved in this type of operation. Additionally, proposers must have a 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. RE!2UIREMENTS AND SERVICES TO 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 iat 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:
MR4IMUM REQUIREMENTS / QUALMCATIONS
In order to be deemed qualified for consideration, the proposing firm and / or individuals
most:
1. Have a minimum of five (5) years of experience within the last ten (10) years in
the following tennis related fields:
a. Management and operation of a tennis center of similar quality, facilities
and amenities of the Dante Fascell Park Tennis Center.
b. A minimum of five (5) years of experience within the last ten (10) years in
the provision of professional tennis lessons (private, group, and clinic) for
youth and adults. The City will require the Head Teaching Professional and
all Assistants to be certified Tennis Professional by USPTA or USTA, or
-31-
other Certified. Tennis Agency, or to become certified within 94 days of the
execution of the contract. The Head Tennis Professional and/or Center
Manager must demonstrate knowledge and experience in tens instruction
and related activities, facility management, tends court maintenance and
related activities, as well as knowledge of the legal requirements that are
involved in this type of operation..
C. Pro slop operations, including tens lessons, equipment repairs, food and
beverage and merchandise sales.
d. Documented evidence of clay court maintenance experience . and
operations.
2. Possess and demonstrate a record of lcial responsibility commensurate with
the obligations contemplated under this RFP-
3. Possess a competent record of employment or history of contract service in the
operation of a similar tennis facility business as verified and supported by
references, letters, and other necessary evidence from all employers and/or public
agencies.
D. TENNIS INSTRUCTION AND RELATED SERVICES
The city is seeking a Proposer who will fnsh good, prompt and efficient service, adequate to
nit all reasonable tennis related demands, including establishing a minfinum tennis lesson
schedule, with identifiable hours of operation for tens patrons. All schedules shall: be subject to
the final approval of the City. The city shall require a minimum service level of
(1) Provide an operation that will be safe, customer oriented with prompt service,
complaint resolution, effective employee performance and training and timely initiation
and completion of all work.
(2) Require background investigation. for all pros, assistants and staff
(3) Provide, promote and instruct lessons in the game of tennis by certified tennis
professionals to individuals, groups and clinics. The Proposer shall be required to offer
tennis patron's required choice of instructor levels. The hourly fee for lessons shall be
commensurate with the instructor's level of training and skill.. The fee and instructor
training levels will be negotiated and agreed upon between the City and the selected
proposer upon award of a contract. Fees for the various levels and types of instruction to
be conducted will either be for a fee or flee of charge, depending on mutual advance
agreement of the Tennis Pro and the city..
4j Provide tennis instruction for the following levels :.
-32-
(a) Individual lesson - shall be shared with up to 3 tennis patrons.
(b) Group lesson - shall be shared with up to 5 tennis patrons.
(c) Clinics shall be groups of no less that 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) Offer demonstrations of aspects of the game of tennis in promotion of the Tennis
Center. Such instruction will be defined as a demonstration. Such demonstrations may be
either for a fee or free of charge, depending on mutual advance agreement of the City.
(7) Establish, operate and tabulate tournaments as requested by the City or facility
tennis patrons; including participating in identifying specific needs for individual
tournaments.
(g) Promote junior tennis by establishing a junior tennis team at the Tennis Center
and/or other appropriate City of South Miami facility so that the teams may play and
compete in a league with other Miami -Dade County Tennis Facilities.
(9) Provide advice to the City as to changes, regarding the tennis industry, in general;
tennis rules and regulations; equipment; and promotional methods associated with the
operation of public tennis facilities.
(10) Advise the City of schedules of clinics, tournaments, and seminars on tennis, tennis
merchandising, tennis management and other professional information.
(11) Provide seasonal (three classes, each fall winter and spring) group clinics at 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 take good care of facilities and shall use the same in a
careful manner and shall at its own cost and expense repair City property and facilities
damaged by proposer's operations.
(14) Overall Tennis Centers Management in accordance with City policy, directives and
established practices, which management shall include, but not be limited to:
a. Tennis court reservation services
b. Facility / court monitoring
C. Tennis lessons reservations
-33-
I Food and beverage service (if applicable)
e. Pro shop operations
£ 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 bust 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.
I 'Tennis professionals nrust posses and maintain an occupational license.
L Collection and accounting of all revenues.
In. Payment and accounting of all expenses in a timely manner.
IL Formulation and implementation of operating programs, business plans,
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 11:04 AM and
4:00 PM to 7 :00PM).
It is the intent of the City to provide the best possible service to the public. It is the City's further
intent to gain revenues. However, the City makes no guarantee that the City will act, promote,
approve, assist or cooperate in any manner to assure that this project will be a financial success
for the City, of South Mami or the selected Proposer.
F. CITY'S RESPONSIBILITIES
The City retains responsibility for the following:
1. Administ�on of all terms and conditions of the Agreement.
2. Approve all fees and other principal tennis center operating policies prior to
implementation.
3. Approval in advance of any alterations to existing facilities.
4. Approval of all tennis tournaments,
5: Approval of time(s) and the number of tennis courts to be used by the tennis
professionals for tennis instructions on a daily basis.
-34-
C. '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 Park Tennis Center, Pro Shop, and related facilities for an initial term of three (3)
years with two (2) one year extensions, renewable at the option of the City Manager.
2. Proposed Payment(s) / Revenue to the City. 'The selected proposer shall pay the City a rental
sun as a percentage ( %) of gross receipts or a minimum annual guarantee , whichever is greater.
Said percentage payments shall be paid to the City by the 151h 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 alter the end of each Agreement year. It is the intention of the City that it
receive the rental amount as net, free and clear of all costs and charges arising from or related to
the Tennis Center, and that one - twelfth (1 /12) of the minimum annual guarantee or percentage
rent, whichever is greater be paid monthly to the City.
The tern "gross receipts is understood to mean all income collected, accrued, or derived by the
selected proposer under the privileges granted by this Agreement, or other document entered into
with the City, excluding amounts of any Federal, State, or City sales tax, or other tax, collected by
the proposer from customers and required bylaws 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 8:00 A.M. to sundown
every day of the year, with the exception of closures due to weather conditions, and certain
holidays agreed upon by the selected' proposer and the City.
Tennis Center Fees. The City has established fees for hourly tennis court play, annual permits and
other specialized play (see Attachment). Additionally, the selected proposer must develop a fee
schedule for the professional tennis instruction that offers the tennis patron a choice in instructor
level and hourly fee commensurate with the instructor's level. Said fee and instructor levels will be
negotiated' and agreed upon between the City and the selected proposer.
-35-
EXHIBIT I'D"
HURRICANE PREPARATION PLAN
City of South tai
Parlo and Recreation Department
_ _ 1 , , ,. HE
This plan is intended to be a ready reference guide for the Parks and Recreation Department staff and others
who are responsible for dealing with such disasters in our community. Coordinated planning with the other
various departments of the City and other governmental agencies and volunteer groups will assist in providing
safe and effective pie and post hurricane services to the community.
THESE PROCEDURES SHOULD REMAIN IN THE POSSESSION OF ALL
ADMINISTRATIVE REPRESENTATIVES OF THE DEPARTMENT AT ALL TIMES
DUNG THE HURRICANE SEASON.
H CAN' PERSONNEL 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 heaves of Absence will be canceled during this time.
1) Review the poky and procedures of the Hurricane Plan. Update the plan annually as needed
prior to May 1. Conduct staff meetings to provide speck information, responsibilities and
procedures.
2) Update employee emergency contact list (retaining a copy of the Duman. Resources
Department's Emergency Contact list.)
3) h4ake sure all supplies are on hand and properly stored.
Two (2) five - gallon gas cans
Two (2) two - gallon gas cans
One (1) chain. saw
One (1) extra chain
One case of 2 -cycle oil
One (1) 36 -inch bolt curers
Two (2) battery operated lanterns
Four (4) cans of fix -a flat .
Five (5) five - gallon bottles of water
One Hundred (100) -ft. l2 inch rope
Six (6) flashlights
One (1) first aid kit
One (1) single blade axe
One hundred (100) ii roll of chain
Six (6) lochs
4) Coordinate with the Public Works Department those sites that will be used for debris storage,
staging areas for work crews, etc.
-36-
HURRICANF, ALERT:
To permit effective decision -fig, it is imperative that the responsible management staff he
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:
. WATCH:
The Administration will stay advised to advisories issued by the Emergency Operations Center. All
staff will be advised of the potential for landfall and will be placed on stand -by status. Hurricane
procedures will be reviewed at this time to ensure a smooth operation in the event a Hurricane
Warning is issued. All vacations scheduled for the following two -weeks will be cancelled. All
vehicles will be fully fueled prior to the end of each workday when under a Hurricane Watch. A stair
briefing will be conducted at the end of each workday to provide the latest information to staff
concerning the storm, reporting procedures, duties, etc.
Administration:
1. Stay apprised of official advisories from EOC.
2. Fuel all assigned vehicles and keep them at least half full at all tunes.
3. Coordinate back up of computers with MIS Mager.
4. Remove items on the floor that may be damaged by water, and store property.
5. Track progress of staff in their preparations.
6. Coordinate with other City Departments in preparations, provide assistance where
possible.
7. Secure windows, doors and any loose items.
Community Center /Tennis Center:
1. Notify all programs and service providers to cancel activities until further notice.
2. Contact staff to report to the Community Center to assist as needed.
Parks Maintenance:
Assemble staff as required (including assistance from Recreation staff) and dispatch as
required to perform the following preparations:
A) All America Park
1. Empty all trashcans and store inside Palmer Park batting cages.
E} Brewer Park
-37-
I . Empty all trshcans and store inside Palmer Park batting cages.
2. Turn picnic tables over and chain to secure object.
3. Wrap swings around top of playground and secure.
C) Dante Fascell Park
1. Empty trashcans and store in restrooms.
2. wrap swings around top of playground and secure.
3. Roil up windscreens on tennis courts and secure to fence.
4. Remove and store benches, tennis nets, brushes, brooms, etc.. in restrooms.
5. Turn picnic table(s) over and chain to secure object.
6. Turn off nU electric and water; close and lack pro shop and gates.
D) Fuchs Park
1. Empty trashcans and store in restrooms.
2. Wrap swings around top of playground and secure.
3. Turn picnic table(s) over and chain to secure object.
4. Turn off all electric and water; close and lock re&ooms.
E) Murray Park/Community Center
1. Empty all trashcans and store inside Mobley building.
2. Turn picnic tables over and chain to secure object.
3. Secure swings on tot -lot.
4. Remove computers and other equipment from the floor, unplug and cover.
5. Coordinate back up of computers with MIS Manager.
6. Turn off all electric and water; close and lock buildings and gates.
F) Palmer Park
1. Empty all trashcans and store inside batting. cage.
2. Turn picnic tables over and chain to secure object.
3. Secure all portable bleachers.
4. Roll up windscreens and secure to fend;
5. Secure swings on tot -lot:
6. Turn off all electric and water; close and lock buildings and gates.
O) 'fan. Soh Park
1. Empty trashcans and store inside Palmer Parr baiting cages.
2. Remove and store benches.
} larshallWilson bark
1. Empty trashcans and store inside l'almer Park batting cages.
2. Wrap swings around top of playground and secure.
1) Jean Willis Park -
1. Empty trashcans and store inside Palmer Park bating cages.
2. Turn picnic tables over and chain to secure object.
-38-
J) Senior Center
1. Coordinate with N iami -Dadde County to secure the building.
All staff may be re- assigned to other areas and will remain on site until released by the
Parks and Recreation Director as advised by the E ®C.
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 fallowing the event.
AFTER THE STORM EVENT:
ALL staff will report to the Recreation Center immediately upon receiving notice that the EDC has
cancelled the hurricane darning and issued an "All Clear ". It is the responsibility of each employee
to remain informed as to when to report back to work. Depending on the severity of the storm,
Parks and Recreation Department employees may be assigned to assist the Public Works Department
in the clean up of City streets. If not assigned to assist the Public Works Department, staff will be
directed to restore the City's parks to pre - Hurricane condition in the following order:
1.
Murray Park/Community Center
2.
Dante Fascell Park
3.
Palaver Park
4.
Fuchs Park
5.
Brewer Park
6.
Marshall Williamson Park
7.
Van Smith Park
g.
Jean Willis Park
9.
All America Park
Debris removal will remain the top priority throughout the recovery efforts with secondary
consideration given to restoring parks and programs.
The coordination of large volunteer agencies, i.e. American Red Cross, United Way, etc. will be the
responsibility of the Emergency Operations Center. All volunteers wishing to assist in the clean -up
efforts of the Parks and Recreation Department will be assigned to specific work crews supervised
by experienced team leaders. As a safety precaution, no machinery will be assigned to volunteers;
their main duties will consist of handwork involving debris removal, raking, shoveling, etc.
-39-
Residents
Daily Fee
Annual Individual Permit
Annual Family Permit
Non-Residents
Daily Fee
Annual Individual Permit
Annual Family Permit
Annual Team Fee
E19Eg IT 66E+ l
DANTE I+ASC LL PARK TENNIS FEES
EAi� (includes taxi
$3.00/Hour
$1 §0.00
$200.00
$4.00/Hour
$426.00
$532.50
$200.00
Please note that hourly rates and permit fees will remain the same, and that residents have until
Dec. 31, 2004, to join at that rate, without proration, through September 30, 2005. On January 1,
2005, we will re- evaluate these rates, and of necessary, make appropriate adjustments in order to
properly maintain a fair balance of the various court uses.
-40-
EXHIBIT "F"
PROFESSIONAL TENNIS INSTRUCTION FEES
Proms (Clinics) & Lessons
Private Lesson John McLean $60 per hour, $35 per 1/2 hour
Private Lesson Francisco Montana. $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) $18 Residents
$20 Non - Residents
Junior Clinics (Begimers- Intermediates) $90 Residents (for eight (g) 1 hour sessions)
$105 Non-Residents (eight (8) 1 hour sessions) $13
Residents (usual, one (1) hour rate
$15 Nan - Residents (Casual, one (1) hour Taste)
Junior Clinics (Advanced., 1.5 hour) $135 Residents (for eight (8) 1.5 hour sessions)
$155 Non-Residents (eight (g) 1.5 hour sessions)
$19 Residents (Casual, 1.5 hour rate)
$20 Non - Residents (usual, 1.5 hour rate)
Tournaments $15 to $45 depending on type of even.
-41-
EXHIBIT "G"
MINIMUM MAINTENANCE STANDARDS
DAILY COURT MAINTENANCE
By following these procedures, your HAR TRU tennis court will play and look great. Long term
quality control involves specific daily responsibilities; morning, mid -day and evening.
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 nails for lifting or shifting. .
4. Groom the surface with either an Aussie Clean Sweep or a Brag Brush. Make wide turns
with the drag brush to avoid accumulation of IAR -TRU material. The Aussie Clean Sweep
serves a dual purpose; as a smoothing/leveling tool (with the teeth in the up position) and a
debris remover (with the teeth in the down position).
5. Sweep the line. tapes. Ensure that the line tape area beneath the net line has been swept. The
Line Scrub may be required to remove any surface materiall that adheres to the lime 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
up to a point of diminishing return:
1. Moisture is retained in the surface profile for a longer period of time.
2. The surface becomes firmer and faster.
3. The rate at which "dead material" accumulates decreases.
4. The potential for surface erosion decreases.
7. Sweep the line tapes after the surface has been rolled for a cleaner looking line (optional).
g. 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 cow during the season, move them and groom the surface below on a
regular basis.
10. Wash out the Tenuie Two -Step on daily basis if possible.
11. Inspect windscreens.
12. Ensure that the Line Sweeper, Aussie Clean Sweep and Brag Brush are stored properly and
do not pose a hazard to players.
B. -DAY
The main objective of mid -day maintenance is to ensure the tennis courts look and play as well in the
late afternoon as they do m the morning. How this objective is accomplished depends on the
following factors:
1. The time available for completion.
2. The existing and forecast weather conditions; temperature, cloud cover and relative humidity.
3. The amount of moisture in the surface profile.
4. The eydsting court conditions given the amount of play that morning.
5. The forecast reservation hours for the remainder of the day.
-42-
Those with experience understand hovel tennis playing conditions could be adversely affected if the
requirements for quality control are not met during a maintenance period on a hot afternoon. Always
forecast and schedule (in advance) adequate time for proper maintenance given existing conditions.
The ideal situation would be for maintenance time to be such that the courts could be brushed, the
lines swept and the surface watered properly, leaving time available for any surface water to drain
before the courts re -open for play.. The moisture level in the court profile should retain adequate
until the next maintenance period.
C. EVE1G
The main objectives of evening maintenance are adequate brushing and thorough watering to ensure
quality playing conditions for the following day.
1. brush in alternate directions if possible, particularly around: the baseline area, to smooth the
surface prior to watering. Alternate the direction of brushing on a nightly basis.
2. Water the court in a cycling method to accomplish a uniform and thorough watering during
the course of an evening with as little run-off of water as possible. The proper timing of
watering cycles is best detennined by observation. The ideal situation would be for the court
profile to retain adequate moisture until the next maintenance period.
WEEKLY COURT EVALUATIONIMAINTENANCE
1. Inspect surface material for any build -up that needs to be removed; particularly along the net -
line. A Lute/Scarifier, scoop shovel and a wheelbarrow may be required.
2. inspect the court surface for any types of algae, grass, lichens, moss or weed problems that
may require physical removal or chemical treatment. Total algae control is best achieved by
the following guidelines A through G:
A. Agitate all low Islay areas of the tennis court periodically with the Proline Steel Drag Mat,
a Lute /Scarifier or the LEE Tow Scarifier. Do not pull these tools over the lane tapes.
B. If a growth appears, a surface treatment of dissolved soluble spa chlorine (Di Cloro -S)
should be applied. A solution of one cup of spa chlorine mixed with forty gallons of
potable water should be prepared. Wait five to tea minutes, then re-mix the solution. This
solution should be sprayed: on a dry court, and the growth area should be sprayed heavily.
Spray four to eight feet beyond any visible growth.
C. If a sprayer is unavailable, granulated chlorine, or a pre - emergent herbicide (Trees) can
be applied over the areas of growth and watered in by hand.
D. Allow 24 hours for the chlorine to kill the growth problem. Follow up by scraping the
dead growth off the court and disposing of the growth properly.
E. Stay on top of growth problems by constant observation and preventive maintenance
practices.
F. ' Consult the county agricultural cooperative extension agent prior to the purchase
and application of any chemicals.
G. Always read the entire label and follow any safety precautions prior to chemical
applications.
3. Periodic leveling/smoothing of the court surface may be required, particularly in areas of
heavy play. The LEE Proline Drag Mat is designed to deliver a super leveling effect when
used in conjunction with either the Aussie Clean Sweep or the Proline Drag Brush. The best
-43-
time of day for smoothing the surface is during the afternoon. Do not pull the drag gnat 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 main . objectives of surface reconditioning are to remove and replace the worn and weathered
surface material while maintaining the properly established slope of your HAR-TRU court. The
requirements for quality control will be net when reconditioning is accomplished properly and in the
following sequence:
1. Ensure that the court surface is fired enough to accommodate foot and light equipment traffic
before you begin the reconditioning process. Those with experience know the benefits of
proper tinning, 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. Brash and roll the court surface repeatedly until the surface is smooth and firm.
4. Lute into p-Hes and remove the "dead material" that may have accumulated since last season.
The "dead material" is that amount of loose surface material that has fallen out of prescribed
gradation as a result of wind and water erosion and tennis. play. This portion of the surface
material is lighter in color and are the larger particle sizes of the mixture. A Lute /Scarifier,
fiat scoop shovel and a wheel barrow or cart are needed for this task.
5. Brush the entire surface repeatedly to re- distribute and re -level the remaking topdressing.
6. Identify and patch any low areas of the court surface. Those areas immediately behind and in
fr€nm of the baseline where most of the play takes place will be the most- obvious in need of
particular attention. These areas are easily identified by observation after a rainfall and
stretching a masons line over and marking the perimeter of the low areas. New HAR -TRU
can then be applied and leveled with the straight edge of the LEE Drag Brush/Lute or an
aluminum extension ladder.
7. Experience has shown that hand hating 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.
9. Topdress the entire court surface with HAIL -TRU using a spreading device that ensures an
even application of surface material throughout. Time amount of III TRU required is unique
to each site and generally depends on the average depth of surfacing present. Ensure that the
topdressing is applied at a rate of not more than one ton per application.
9. Immediately begin brushing the new topdressing before moisture migrates up from beneath
the existing surface and adversely erects the smootbiag4eveling process. Depending on
climatic conditions preceding reconditioning, the court surface may have an amount of
moisture that requires immediate brushing after each pass of the topdressing spreader. As a
general rule, better results are obtained when working with a surface that is as dry as possible
during reconditioning, followed by a light overhead watering, a waiting period and then
rolling.
10. Irrigate the surface by hand with a shower that is as gentle and as thorough as possible.
11. Stay off the newly resurfaced court for at least 24 hours. Allowing the topdressing to absorb
moisture and become firm is an essential element of long term quality control.
-44-
12. Continue the smoothing and leveling process by slowly brushing the surface in two directions
making wide turns at the end of each run.
13. Roll in a back and forth method without turning sharply.
14. Continue alternating steps 12 and 13 until the desired results of smoothness and firmness are
achieved.
15. The surface should be in playable condition before proceeding with the final tennis court
preparation.
THE APPLICATION OF HERBICIDES FOR WEED CONTROL
The main objective of herbicide use on the tennis court is to apply the proper chemical in the correct
manner to achieve an adequate level of weed control. For the most part, weed growth becomes a
problem on the areas of the tennis court where the least amount of traffic occurs, around the inside
perimeters and along the net line. A basic understanding of herbicides is essential before one makes
any decisions involving the purchase, mixing and application an herbicide. Herbicides used on the
tennis court surface fall into 2 general categories, Pre - emergent and Post- emergent.
1. A Pre - emergent herbicide provides a measure of weed control if applied properly by forming
a chemical barrier on the court surface that interferes with the germination process of a weed
seed. The weed seed actually germinates, absorbs the chemical through the emerging root,
then dies. DowElanco's Surflan is a widely used pre - emergent herbicide in this category.
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, moaning that they control everything that they are applied to.
3. The most popular selective herbicide would be a lawn: use herbicide from Ortho. The most
popular non - selective. herbicide is roundup from the Monsanto Corp.. roundup is the safest
and most widely used non. - selective herbicide in this category for weed: control.
4. A combination of both pre - emergent and post - emergent herbicides can be employed very
effectively to accomplish both objectives of controlling existing weeds and weeds that have
not yet germinated. however, only certain herbicides are compatible, meaning they can be
safely mixed together. Roundup and Surflan are examples of compatible herbicides and this
combination is used extensively throughout the United States_
5. Always read and understand the entire label on any chemical before use and always consult
with the county extension agent for advise on any weed problem..
6. A pre - emergent herbicide for the control of grass -type weeds should be applied on the court
surface along the fence -line and along the net -line before the court opens for the season if the
surface is weed -fie. If any broadleaf weeds rend on the surface after reconditioning, an
application of Surf an + Roundup should be made. read both herbicide labels before rnaldng
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 I2 anal 5 gallons of
water.
- 45-
The mbcture is then applied by maintaining constant pressure and agitation, a constant waMmg pace
and by beeping the spray nozzle at a constant height above the ground. This method ensures that an
evenly distributed baud width of chemical has been applied correctly.
-46-
Cushman 3 -wheel Scooter
Court Roller
Lie Sweeper
-47-
P l