X007 3

GREENSQUARE INC
AGREEMENT TO PROVIDE
PROFESSIONAL TENNIS
MANAGEMENT AND OPERATIONS
SERVICES AT THE CITY
S FLAMINGO
PARK AND NORTH SHORE TENNIS
CENTERS
 INDEX

SECTION TITLE PAGE

1 TERM 5
2 CENTER 6
3 S
USE 7
1
3 Public Tennis Facility 7
2
3 Prohibited Activities 8
3 Food and 8
Beverage
4
3 Pro Shop Sales 10
5
3 Hurricane Evacuation Plan 10
6
3 City Occupational Licenses 10
4 FINANCIAL REQUIREMENTS 10
1
4 Performance Bond or Alternative Security 10
2
4 Minimum Guarantee 11
3
4 Sales and Use Tax 13
5 MAINTENANCE AND EXAMINATION OF RECORDS 13
6 INSPECTION AND AUDIT 13
7 TAXES ASSESSMENTS AND UTILITIES 14
2
7 Procedure if Ad Valorem Taxes Assessed 14
8 EMPLOYEES 15
1
8 Principals 15
2
8 Independent Contractors 15
3
8 Professional Tennis Instructor Certification 15
4
8 Uniforms Identification Character 15
5
8 Living Wage Requirements 16
9 HOURS OF OPERATION COURT USAGE 16
1
9 Hours ofDaily Operations 16
2
9 Change in Hours of
Operation 16
3
9 Courts Usage 16
10 TENNIS FEES CHARGES AND PROGRAMS RELATED SERVICES I7
1
10 Prices for Hourly Tennis Fees Annual Permits and Youth Play 17
2
10 Contractor Professional Tennis Instruction Fees 17
3
10 Establishment Posting of All Fees 17
4
10 Increased Fees Process 17
5
10 Initial Programs Offering as Stipulated by Contractor 17
6
10 Prices for Promotional Events Clinics and Lessons 17
7
10 Approval of Printed Materials 17
11 ALTERATIONS MAINTENANCE REPAIRS SECURITY 17
1
11 Building Alterations 17
2
11 sand
Building Facilities Maintenance 18
3
11 Courts and Related Facilities Maintenance Standards 18
4
11 Litter Garbage and Debris Removal 18
5
11 Equipment 19
6
11 Orderly Operation 19
7
11 No Dangerous Materials 19
8
11 Security 19
9
11 Inspection 20
SECTION TITLE PAGE
12 INSURANCE 20
13 INDEMNITY 21
1
13 City Indemnification 21
2
13 City Employee Indemnification 21
3
13 Misconduct 21
4
13 Subrogation 22
5
13 Force Majeure 22
6
13 Labor Dispute 22
7
13 Waiver of Loss From Hazards 22
14 DEFAULT AND TERMINATION 23
1
14 Bankruptcy 23
2
14 Default in Payment 23
3
14 Monetary Default
Non 23
4
14 s Remedies for Contractor
City s Default 24
5
14 Termination of Agreement 24
6
14 Suspension of Agreement Due to Closure of Center 24
7
14 Surrender of Center 24
15 ASSIGNMENT 25
16 SPECIAL EVENTS 25
2
16 City Special Events 26
17 NO IMPROPER USE 26
18 NOTICES 27
19 LAWS 27
1
19 Compliance 27
2
19 Governing Law 27
3
19 Equal Employment Opportunity 27
4
19 No Discrimination 28
20 MISCELLANEOUS 28
1
20 No Partnership 28
2
20 Modifications 28
3
20 Complete Agreement 28
4
20 Headings 28
5
20 Binding Effect 28
6
20 Clauses 28
7
20 Severability 29
8
20 Right of Entry 29
9
20 Not a Lease 29
10
20 Signage 29
11
20 Conflict of Interest 29
12
20 Reasonableness 29
13
20 Procedure for Approvals or Consents
and 29
14
20 No Waiver 30
15
20 No Third Party Beneficiary 30
21 LIMITATION OF LIABILITY 30
22 VENUE 31
Signature Page 31
EXHIBITS

A1 Site Map of Flamingo Park Tennis Center 32

A2 Site Map of North Shore Park Tennis Center 34
B List of Prohibited Items to be sold by CONTRACTOR 36
C CONTARCTOR
Slist of food and beverages to be sold 41
D Parks and Recreation
s Hurricane Plan 43
E Parks and Recreation
s Approved Fees 47

S Fees
F CONTRACTOR Description of classes 49
G Maintenance Standards 52

4
 AGREEMENT BETWEEN

CITY OF MIAMI BEACH FLORIDA AND GREENSQUARE INC

FOR TENNIS MANAGEMENT AND OPERATIONS SERVICES
S FLAMINGO PARK AND NORTH SHORE TENNIS CENTERS
AT THE CITY

THIS AGREEMENT made the th day

j of X2007 between the CITY OF MIAMI

BEACH a municipal corporation of the State of lorida hereinaftercalled City having its

principal address at 1700 Convention Center

Drive Miami
Beach Florida 33139 and

GREENSQUARE INC a corporation of the State of Florida with offices at 4500 Royal
Palm Avenue Miami Beach Florida 33140 hereinafter called CONTRACTOR

W ITNESSETH

WHEREAS on October 31 2006 the

City issued Request for Proposals 07
06 for
7
No
Comprehensive Professional Tennis Management and Operation at the City
s Flamingo
Park and North Shore Tennis Centers the RFP with a due date for submission of

proposals of December 5 2006 and

WHEREAS January 17 2007 pursuant to Resolution No

on 21432 the Mayor and
2007
City Commission accepted the recommendations of the City Manager and authorized the
Administration to enter into negotiations with CONTRACTOR as the most qualified
proposer pursuant to the RFP to manage and operate the Flamingo Park and North Shore
Tennis Centers the Centers and

WHEREAS the Administration 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 comprehensive professional tennis
management and operations services at the Centers

NOW THEREFORE in consideration of the and the mutual covenants and

premises
conditions herein contained and other good and valuable
consideration the receipt and
adequacy of which are hereby conclusively acknowledged it is agreed by the parties
hereto as follows

The City hereby grants to the CONTRACTOR and the CONTRACTOR hereby accepts
from theCity the exclusive right to operate and manage the Centers 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 This Agreement shall be for initial term of three

an 3 years commencing on

Commencement
the
j Date and ending on
Tj 15 2oiQ
2
1 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 yearterms CONTRACTOR shall provide City
with written notice of its intent to be considered for renewal of the Agreement no
earlier than ninety 90 but no later than sixty 60 days prior to the expiration of the
initial term or any exercised option term as the case may be which renewal shall

s sole and absolute discretion

be at the City

In the event of any renewal of this Agreement the City reserves the right to

renegotiate any and all terms contained herein

3
1 Notwithstanding any term contained in this Section whether in the initial term or a
renewal term
s as the case may be the CONTRACTOR acknowledges that the
City intends to develop a schedule of capital improvements for the Flamingo Park
Tennis Centerwhich during the Term of this Agreement may entail a closure of all
or a portion of the Flamingo Park Tennis Center In the event that the City closes

down the Flamingo Park Tennis Center for the purpose of undertaking any capital

improvements then the parties agree that this Agreement may be terminated or
suspended by the City without cause andor its convenience and without liability to
the City as to the Flamingo Park Tennis Center but shall continue in full force as it

pertains to tennis management and operation services for the North Shore Tennis
Center In the event that the City determines to close the Flamingo Park Center as

provided herein it shall as a courtesy provide at least ninety 90 days priorwritten

notice to CONTRACTOR of CONTRACTOR as a result of the closure of the
same

Flamingo Park Tennis Center provided herein shall upon receipt of notice from
as

the City coordinate and concentrate its full efforts on the management and

operation of the North Shore Tennis Center and shall be prohibited from engaging
in outside sources of income that may hinder the North Shore Tennis Center

operations

4
1 Notwithstanding any other provision of this Section 1 and
for the Agreement the

City shall have the option to terminate this Agreement and its sole discretion and
without cause or penalty at the conclusion of any year throughout the Term herein
without cause and for its convenience upon sixty 60 days written notice to
CONTRACTOR such notice to be given priorto the expiration of any yearwithin the
initial Term or an exercised option Term as the cause may be

SECTION 2 CENTERS TO BE MANAGED

1
2 The City has contracted with CONTRACTOR to operate manage and maintain and
CONTRACTOR agrees to same the following City recreational facilities
hereinafter
also referred to as the Centers

1
2 That certain City recreational facility commonly known
owned
as the Flamingo Park Tennis Center located at 11
h Street and
Jefferson Avenue Miami Beach Florida together with all
buildings improvements and fixtures located thereon The
s
Center premises arefurther delineated in Exhibit A1 Aerial
Map of attached hereto
Center

1
2 That certain City recreational facility commonly
owned known
as the North Shore Tennis Center located at 501 72 Street
 Miami Beach Florida together with all buildings
and fixtures located thereon The Center
s
improvements
in Exhibit A2 of
premises are further delineated Aerial Map
Center attached hereto

2 CONTRACTOR herein accepts the Centers as well as all

buildings improvements
and fixturesthereon in their as is where is condition and agrees that the City
shall have no obligation to improve repair restore refurbish or otherwise incurany

expense in improving or changing the condition of the Centers at any time during
the Term of this Agreement
1 Prior to the Commencement Date City and CONTRACTOR shall
2
conduct a site inspection of the Centers to establish a baseline of existing
conditions CONTRACTOR shall notifythe City of any necessary repairs and
the City shall make such repairs if in its sole discretion it deems necessary
The City shall also notify the CONTRACTOR of any necessary maintenance

issues such as lack of clay on courts and the CONTRACTOR shall make
such repairs within 30 days from notice

3
2 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 or around the
Centers 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 ormaintenance of utilities that may result in a

closure of court courts or any other portion of the Centers
temporary a or

CONTRACTOR the
right to cancel or otherwise close all other portions of
reserves

the Centers including specific banks of courts until such time as the work is
completed or the closed Centers or portion thereof can be re opened whichever
comes first Any disturbance or damage to Cityowned or authorized utilities
City
located on under or over the Centers caused as a result of CONTRACTOR
S
negligence shall be at S
CONTRACTOR expense
promptly repaired

SECTION 3 USE S1

The CONTRACTOR is hereby authorized to conduct the following kind

s of businesses
and provide the following kind
s of services within the Centers as provided below all at its
sole cost and expense

1
3 Public Tennis Facility
CONTRACTOR agrees it will use the Centers solely for the operation of a public
tennis
facility This use shall include the operation of the tennis courts pro shop
food and beverage concession facilities the extent that such concessions do not
to
infringe on sthe
City current vending machine contract as shall be approved by the
City and CONTRACTOR Services shall include those customarily associated with
the operation of a public tennis center including permitted Special Events
as
defined in Section 16 related to such public tennis center activities No other use
or business shall be conducted at the Centers without the
and priorwritten approval

7
 of the City Manager or his designee

1
3 The City and CONTRACTOR agree and acknowledge that the

public use
s of the Centers 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 remunerations to City and
CONTRACTOR respectively pursuant to this Agreement Accordingly
CONTRACTOR acknowledges and agrees that the public s right to use the
Centers shall not be infringed upon by any activity of CONTRACTOR other
than as set forth in this Agreement Additionally the CONTRACTOR agrees

s Parks and Recreation programs will have use of two 2 courts

that the City
at each Center twice per week for two 2 hours per use on and agreed

upon schedule with the CONTRACTOR to be determined upon execution of

the Agreement provided further however that CONTRACTOR shall

cooperate fully with City and shall not unreasonably deny City
s scheduling
sCONTRACTOR acknowledges that the Centers are public and
request
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
Centers CONTRACTOR will conduct its operations so as to maintain a

reasonably quite and tranquil environment for the adjacent areas and make
no public disturbances

It is the
City intent and CONTRACTOR hereby agrees and acknowledges
s
same to provide highquality affordable tennis services to the City s
residents and visitors to meet the demands of its hotel communityfor access
to high quality tennis facilities within Miami Beach and to progressively

upgrade tennis service at the Centers

2
3 Prohibited Activities
CONTRACTOR shall not use the Centers for any unlawful purpose and shall

comply with all laws and permitting requirements now in force or hereafter
adopted applicable to the Centers and or uses and businesses conducted
on the Centers CONTRACTOR agrees not to use the Centers for nor to

permit thereon the operation of any offensive noisy or dangerous activity

nuisance anything against public policy There shall be no living quarters
or

at the Centers nor shall anyone be permitted to live at the Centers Except
as may result from acts of force majeure CONTRACTOR agrees that it will
not allow the Centers to become unoccupied or vacant CONTRACTOR shall
take to
appropriate precautions prevent fire on the Centers maintaining
existing fire detection devices and extinguishing equipment at all times
CONTRACTOR will not permit the outside use of any musical instrument

making device
noise s live entertainment andlor any other activity ieson
the Centers that are in violation of the City
s Noise Ordinance as some may
be amended from time to time

3 Food and Beveraoe Service

1
3 The CONTRACTOR may prepare or cause to be prepared for sale within

approved locations within the Centers such cooked prepared and

City or
prepackaged foods and such non
alcoholic items approved by the
as City
 Manager or his designee and which shall not under any event conflict with
those certain beverages offered by the City
svending machine contractor a
list of food and the prohibited items is attached as Exhibit B hereto

2
3 All food and beverage services to be offered must have the prior written
authorization of the City The City Manager or his designee shall approve in

writing the types of food and beverages and prices for same to be sold at
the Centers prior to such sale and shall further approve any changes
whether as to type of food and beverages to be sold or as to changes in

prices in writing prior to implementing a change Prior to the

Commencement Date or if later prior to the sale of any food and beverages
at the Centers CONTRACTOR shall submit a written list or menu indicating
the types of food and beverages to be sold and prices for same which list
will be attached and may be periodically updated as Exhibit C to this

Agreement CONTRACTOR shall be solely responsible for updating and

maintaining a current list and an updated Exhibit C of all food and
beverages and prices for same throughout the Term of this Agreement

3 All food and beverages sold at the Centers will be properly prepared and
served in compliance with all applicable health and sanitary standards The
quality of food food costs and service shall be comparable to other
municipal tennis centers in the Miami
Dade County area All food and
facilities shall be approved by the City and shall be
beverage dispensing
maintained in a clean and sanitary manner All food and beverages sold will
be intended for consumption on the Centers premises and shall be
dispensed from inside the Centers Food and beverage containers for items
permitted to be taken outside approved dispensing facilities will be subject to
regulation by the CONTRACTOR for the purpose of controlling and
preventing litter

4
3 Food and beverage services shall be offered to patrons at all times
during
Shours of
CONTRACTOR operation as set forth in this Agreement All
required licenses permits and other certifications necessary to provide food
and beverage services must be obtained and maintained by the
CONTRACTOR at its sole cost

5
3 At least supervisory employee of CONTRACTOR must possess a Food
one

Service Management Certification issued by a County Public Health

Department in Florida as required bylaw In addition CONTRACTOR must

obtain all licenses required by the Florida Department of Business

Regulation Division of Hotels and Restaurants the Department of

Agriculture and
or as may further be required by State law and as required

by corresponding agencies to sell the food or beverages that CONTRACTOR

is authorized to sell

6
3 The City Manager or his designe s may allow cooking and heating at the
Centers but only for Special Even as defined in Section otherwise
s 16 or

upon CONTRACTOR obtaining t ie prior written consent of the City For

purposes of this subsection 3
6 cooking and heating shall not include a

9
 prohibition against food that is prepared or heated in
re a microwave or
and
hot beverages such as coffee and tea

4
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
Prices shall be substantially in accordance with the price ranges of pro shops in
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 or
and updated as deemed necessary at the discretion of the City

Manager and or his designee

5
3 Hurricane Evacuation 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 Centers and all related materials and assist in removal and
reinstallation of windscreens in accordance with the procedures included in the

s Recreation
City Division Hurricane Evacuation Plan as included in Exhibit D
attached hereto

6
3 Occupational Licenses Background Checks
CONTRACTOR shall obtain at its sole cost and expense any and all occupational
licensesrequired by law and have all current and new employees go through a

background check if not already done as approved by the City as amended from
time to time for all proposed uses contemplated in this Agreement Occupational
licenses and background checks shall be required and obtained for each individual
tennis instructor providing lessons and
or clinics at the Center No individual shall
be permitted to work as an employee subcontractor or volunteer prior to the

completion and results of the required background check process is complete

which requirements are further set forth in Section 8 hereof

SECTION 4 Financial Requirements

1
4 Performance Bond or Alternative Security
1
4 On or before the Commencement Date CONTRACTOR shall furnish
the City Manager or his with of the
designee one
following

i A Performance Bond in the amount of Twenty Five Thousand Dollars

000
25 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

approved by the City Manager or his designee In the event that a

pre
Certificate of Deposit is approved it shall be a
Twenty Five Thousand

10
 Dollar 000
25 year Certificate of Deposit in favor of the City
one
which shall be automatically renewed the original of which shall be
held by City required to maintain said
The CONTRACTOR shall be
Performance Bond or Alternate Security as accepted by City in full
force and effect throughout the Term of this Agreement or

ii A letter in a form City Manager or his designee

satisfactory to the
from a federally insured financial institution evidencing as of the date
Sability to provide the necessary funds
of the letter CONTRACTOR
to perform pursuant to the Agreement

The parties agree and acknowledge that the preceding subsections iii 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 the City for breach of contract

2
4 Payment of Expenses City
s Minimum Guarantee Pavment to Contractor
of the
In consideration management and operational rights granted the
CONTRACTOR pursuant to this Agreement and CONTRACTOR
S further

agreement and acknowledgement to perform and furnish the management and

operational services professional skills 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
3 generated at and from the Centers including but not limited to all tennis
2
4
instruction lessons and clinics court rental fees sales equipment rental pro shop
sales and the sale and operation of food and beverage concessions

All said revenues collected by the CONTRACTOR shall be deposited into an

account of the City and CONTRACTOR established pursuant to this
Agreement
and to be maintained solely for the purpose
sof the management operation and
maintenance of said Centers including without limitation to pay for all budgeted

operational expenses arising from the management or operation of the Centers

Interest accrued in the account shall be part of the operating income

Except as provided in subsection 4

2 CONTRACTOR is authorized to withdraw
from such account amounts necessary to pay or reimburse CONTRACTOR forthe

payment of all operational expenses arising from the management and operation of
the Centers including its management feeofficers payroll expenses

CONTRACTOR shall submit within twenty

five 25 calendar days following the
close of each month copies of records and reports related to the receipts and
expenditures with respect to all expenses and revenues generated during such
month at the Centers Such records and reports shall be in a form satisfactory to the

s Chief Financial Officer and shall include a comparison of revenues and

City

11
expenses for the two 2 months prior to the report being submitted 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 Centers pursuant to this subsection 4
2 Additionally
there shall be reconciliation of all within fifteen 15 business days
a accounting
the completion of each Agreement year during the Term hereof
following

1
2
4 Notwithstanding anything to the contrary in this subsection 4 2 the
shall without limitation withdraw be paid from the established
City or

bank account on the last business day of each month during the
Term of this Agreement the following amounts 1 On a monthly
basis a fixed payment of 3 250 per month for the first 600 000
of yearly tennis only revenue collected for both Centers Plus 5 of all
concession gross sales food and beverage as approved by the
City Any amount of tennis
only gross revenue over the 600
000
threshold will be subject to a 10 payment to the City or 3
250
whichever is greater in that particular month plus the 5 of all
concession gross sales for that month

2
4 S
CONTRACTOR right to make withdrawals of its management
officers payroll expenses from the City
fee CONTRACTOR account
as set forth in this subsection 4
2 shall be subject to the withdrawal

rights of the s payment

City as set forth in subsection 4
1
2
CONTRACTOR shall not make any withdrawals from the City account
for its management fee
officers payroll expenses if such withdrawal
would result in a balance in the City account that is
CONTRACTOR
equal to or less than the monthly amount the City is entitled to
withdraw that month pursuant to this subsection

3
2
4 The term gross revenues or revenues as used herein is
understood to mean all income collected or accrued by the
CONTRACTOR with respect to the Centers
pursuant to this
Agreement excluding amounts of any Federal State or City sales
tax or other tax governmental imposition assessment charge or
expense of any kind collected by the CONTRACTOR pursuant to this
Agreement and required by law to be remitted to the taxing or other
governmental authority

2
4 During the Term of this
Agreement CONTRACTOR shall prepare and
submit to the City prior to October 1St of each City fiscal year or
portion thereof a City fiscal year being defined as the one year period
from October 1St to September 30th that is within the Term hereof a

proposed detailed item annual

line operating budget for the Center
in compliance with format
a reasonably requested by the City Chief
s
Financial Officer CONTRACTOR shall also prepare and submit prior
to October 1St of each fiscal year that is within the Term hereof a

12
 cash flow based on its submitted
operating budget for such
budget
shall
City fiscal year The operating budget and the cash flow budget
be approved by the City s Chief Financial Officer with such
modifications as the Chief Financial Officer shall make and
or request

5
2
4 In the event that the Flamingo Park Tennis Center closes completely
renovations then will be 1
6 25 per month
for monthly payments
of for North Shore Tennis Center plus 5 of all
50 250
3
concession gross sales for that month IfFlamingo Park Tennis
Center remains open with fewer courts a prorated payment will be
assessed

3
4 Sales and Use Tax
It is also understood that payment of any required Florida State Sales and Use Tax
sintent that it is to receive
shall be the responsibility of CONTRACTOR It is the City
all payments due from CONTRACTOR contemplated in 4
as 1 as net of such
2
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 records shall be maintained in accordance with generally accepted
accounting principles and shall be open to inspection and audit but not photocopying by
the City Manager or his designee upon reasonable prior request and during normal
business hours Such records and accounts shall include breakdown of revenues a

expenses and profit and loss statements CONTRACTOR shall maintain accurate receipt

printing cash registers or a like alternative at the Centers which will record and show the

payment for every sale made or service provided at the particular Center and such other
records shall be maintained as would be required by an independent CPA in orderto audit
a statement of annual revenues and profit and loss statement pursuant to generally
accepted accounting principles

SECTION 6 INSPECTION AND AUDIT

CONTRACTOR shall maintain its financial records pertaining to its operations for a period
of three 3 years after the conclusion of the Term of this Agreement and such records
shall be open and available to the City Manager or his designee as deemed necessary by
the City Manager or his designee but shall not be subject to photocopying

CONTRACTOR shall maintain all such records at its principal office currently located at
4500 Royal Palm Avenue Miami Beach Florida or if moved to another location outside
the City of Miami Beach all such records shall be relocated at SCONTRACTOR expense
to a location in Miami Beach within ten 10 days written notice from the City
The City Manager or his designee shall be entitled to audit but not photocopy
Srecords
CONTRACTOR pertaining to its operation as often as it deems reasonably
necessary throughout the Term of this Agreement and three 3 times within the three 3

13
year period following termination of the Agreement regardless of whether such termination
results from the natural expiration of the Term or for any other reason The City shall be

responsible forpaying all costs associated with such audits unless the audit
s reveals a
deficiency of five percent 5 or more in CONTRACTOR
S statement of revenues for any
year or years audited in which case CONTRACTOR shall pay to the City within thirty 30

days of the audit being deemed final as specified below the cost of the audit and a sum
equal to the amount of the deficiency revealed by the audit plus interest provided
however the audit shall not be deemed final until CONTRACTOR has received the audit
and has had a reasonable opportunity to review the audit and discuss the audit with the
contained within this Section shall preclude the s audit rights for
City Resort
City Nothing
Tax collection purposes CONTRACTOR shall submit at the end of each contract year an
audited annual statement of revenues in a form consistent with generally accepted

accounting principles

It is CONTRACTOR
Sintent to stay informed of comments from and suggestions by the

City regarding Sperformance under the

CONTRACTOR Agreement Within thirty 30
after the end of each contract year CONTRACTOR and City shall meet to review
days
Sperformance under the Agreementforthepreviouscontractyear At the
CONTRACTOR
CONTRACTOR and City may discuss quality operational maintenance and any
meeting
other issues regarding CONTRACTOR performance under the Agreement
S

SECTION 7 TAXES ASSESSMENTS AND UTILITIES

1
7 CONTRACTOR agrees to and shall pay before delinquency all taxes including but
not limited to Resort Taxes and assessments of any kind assessed or levied upon
CONTRACTOR and with and or against the Centers except as provided in
subsection 2 by
7 reason of this Agreement or by reason of the business or other
activities of CONTRACTOR upon or in connection with the Center CONTRACTOR
will have the right at its
expense to contest the amount or validity in whole or
own

in part of any tax and

or assessment by appropriate proceedings diligently
conducted in good faith

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

withlaw provided however if as a result of such contest additional delinquency
charges become due CONTRACTOR shall be responsible for such delinquency
charges in addition to payment of the contested tax and
or assessment if so
ordered

CONTRACTOR shall also pay for any fees imposed law for licenses
by or permits
for any business or activities of CONTRACTOR at the Centers under this
Agreement

2
7 Procedure If Ad Valorem Taxes Assessed

Notwithstanding Subsection 7
1 the parties agree that the operations contemplated
herein are for public
purposes and therefore no ad valorem taxes should be
assessed by the Miami
Dade County Tax Appraiser If however said taxes are
assessed CONTRACTOR shall be responsible for payment of same

14
SECTION 8 EMPLOYEES AND INDEPENDENT CONTRACTORS

1
8 CONTRACTOR agrees that during the Term of this Agreement Jim Bollettieri Tom

Mar and Victor Weithorn individually a Principal collectively the Principals

shall haveactive ongoing direct participation in the day to day operation
maintenance and management of the Centers 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
Centers 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

2
8 In connection with the performance of its responsibilities hereunder CONTRACTOR

may hire its own employees and

or independent contractors who will be employees
or independent contractors of CONTRACTOR and not of the City and who will
and
be subject tobackground check at the expense of the CONTRACTOR
a

CONTRACTOR shall select the number function qualifications compensation

including benefits if any and may at its discretion and at any time adjust or revise
the terms and conditions relating to such employees and or independent
contractors

3
8 The CONTRACTOR agrees that the Head Tennis Professional who is as of the
Commencement Date identified as James Bollettieri and all Teaching Assistants
shall be certified Tennis Professionals by USPTA or USTA USPTR The Head
Tennis Professional Center Managers and Principals must demonstrate
knowledge
and experience in tennis instruction and related activities facility management
tennis court maintenance and related activities

4
8 CONTRACTOR and its employees or
and independent contractors shall wear
appropriate apparel such that Center patrons can easily identify CONTRACTOR
and its employees or
and independent contractors All employees andor
independent contractors shall observe all the graces of personal grooming The
CONTRACTOR shall hire people to work in its operation who are neat clean well

groomed and shall comport themselves in a professional and courteous manner

and be in conformity with the City Customer Service standards Ifthe

s City deems it
appropriate the CONTRACTOR and its staff may be asked to attend a Customer
Service training as conducted by the City The CONTRACTOR and any persons
hired by same shall comply with employment requirements
pre and standards as

established by the City of Miami s

Beach Human Resources Department
S failure to
CONTRACTOR comply with these provisions shall be deemed a

material default under this Agreement The CONTRACTOR shall have an

experienced manager or managers overseeing the Centers and related operations

at all times during the hours of operation as set forth by this Agreement
The CONTRACTOR and its employees and or independent contractors shall

undergo a comprehensive background check and drug screening in accordance

15
 with theCity process and must utilize a City approved agent prior to entering the
s
Centers to begin employment and or delivery of services Employment may be
contingent upon satisfactory results as determined by the City Cost of said tests
shall be the CONTRACTOR
S

5
8 LIVING WAGE REQUIREMENT
Pursuant to the City of Miami Beach
s Living Wage Ordinance as codified in

Chapter 2 Division 6 Sections 2

407 thru 410 of
2 the Miami Beach Code as
some may be amended from time to time all service groups or individuals entering
into a contract with the City shall pay to all its employees a living wage of not less
than 56
8 an hour with health benefits living wage
or a of not less than g
81 an
hour without health benefits For a covered employer to group of individual with the

wage provision by choosing to pay the lower wage scale hour

living 56 when a
8
covered employer also provides health benefits such health benefits shall consist of

payment of at least 25 per hour toward the

1 provision of health benefits for
covered employees and their dependants

SECTION 9 HOURS OF OPERATION COURTS USAGE

1
9 The CONTRACTOR shall open and operate the Centers for play from 7
30 AM to
00 P
9 M every day of the year with the exception of closures due to weather
conditions or events of force majeure and certain holidays agreed upon by the
CONTRACTOR and the City

2
9 Any change in the hours of operation shall be at the City s sole option and
discretion and any request by CONTRACTOR for an increase or decrease in same
shall be subject to the prior written approval of the City Manager or his designee

3
9 The CONTRACTOR acknowledges and agrees to prioritize utilization of courts for
public usage by restricting lesson courts not to exceed four 4 courts during peak
hours of play 730 AM to 11 00 AM and 4 00 PM to 7 00 PM subject to a
percentage based revision if Flamingo Park Tennis Center goes under a phased
construction and only some courts remain open Additional court usage for lessons

programs and clinics during peak hours shall be subject to the approval of the
non
City At no time shall more than 50 of all courts be utilized for private lessons or
other specialized tennis programs until ten 10 minutes after any non peak hour
and there are no tennis patrons waiting for a court without the priorwritten approval
of the City Manager his
designee Additionally the CONTRACTOR agrees that
or

the City
s Parks and Recreation programs or co
sponsored programs will have use
of two 2 courts for up to eight 8 hours per week at each Center CONTRACTOR

will as approved and agreed to by City and CONTRACTOR on a case by case

basis provide free instructional lessons to the Parks and Recreation Department
s
after school participants Such lessons will be on a limited basis and shall not
interfere or distract from S
CONTRACTOR normal course of business Monthly
lessons a minimum of four
4 hours perfacility per month each fiscal year can be
broken down at S
CONTRACTOR discretion The City on occasion may deem to
award scholarships to those children that qualify CONTRACTOR will for purposes
of specialized programming such as year round clinics and summer camps honor
without payment one 1 scholarship for every ten 10
registered participants for

16
 each Tennis Center from the s Parks
City and Recreation s
Department programs

SECTION 10 TENNIS FEES CHARGES AND PROGRAMS RELATED SERVICES TO

BE PROVIDED

1
10 Prices s established fees for hourly tennis court
charged shall comply with the City
play annual permits other specialized play and the youth tennis policy and shall be
in accordance with Exhibit E attached hereto

2
10 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
the City prior toimplementation of fees
by

3
10 Fees for hourly court rentals lessons clinics merchandise equipment rental racket
stringing or gripping and food and beverage sales and any other related items or
services to be sold must be prominently posted at the Centers at those location
s
where such fees are normally paid All fees and charges shall be competitive with
those charged by comparable public tennis centers in Miami
Dade and Broward
Counties Initial fees for programs clinics and lessons are set forth in Exhibit F
attached hereto

4
10 The City shall approve in writing in advance any increase in fees from those
currently set forth in Exhibits E F provided the CONTRACTOR shall have the
right to increase fees in an amount equal to the amount of any sales and use tax
increase enacted after the effective date of such exhibit or schedule without City
s
consent

5
10 The CONTRACTOR agrees to provide the programs and additional services set
forth in Exhibit F An implementation schedule of said services shall be provided

by the CONTRACTOR within sixty 60 days of the Commencement Date Said

schedule and any modifications additions or deletions to the list are subject to the

prior approval of the City

6
10 The CONTRACTOR shall be authorized to provide courts free of charge during
professional tennis demonstrations promotional events clinics and lessons being
offered to the public at no charge subject to the prior written approval of the City

7
10 Any print materials prepared by the CONTRACTOR related to the Centers and
or
use at the Centers shall have the approval of the City prior to printing Materials
must include the City designation logo and appropriate ADA Americans with
Disabilities Act disclaimer

SECTION 11 ALTERATIONS MAINTENANCE AND REPAIRS SECURITY

1
11 Building and Facilities Alterations
Without the s priorwritten approval
City CONTRACTOR may not make alterations
or additions to the Centers In the event of an emergency to prevent injury to

17
 persons or property CONTRACTOR shall use reasonable efforts to secure the
Division to
affected area and will immediately notifythe City
s Property Management
advise of said emergency At that time the City will assess the situation further
secure the area in question and determine means and method of repairs

Any other alterations or additions shall be made at the CONTRACTOR

Ssole cost
and expense and shall become the property of the City upon termination of this
Agreement unless otherwise agreed to by the City Manager or his designee in
writing CONTRACTOR shall not have the right to create or permit the creation of

any lien attaching to City

s interest in the Centers as a result of any such alterations
or additions

2
11 sand Facilities Maintenance
Building
The City further acknowledges that the CONTRACTOR shall not be required to
improve repair restore refurbish otherwise incur any expense in improving or
or

changing the condition of the Centers except for regular daily maintenance and

janitorial services as agreed by both

parties and daily upkeep ofthe tennis courts to
include surface clay purchase and
daily maintenance Notwithstanding the forgoing
the City shall continue to maintain all electrical HVAC plumbing and structural

systems at its sole cost The City is responsible for repair or replacement caused
by normal and regularwearand tearofthat machinery equipment and real property
supplied to CONTRACTOR in the regular course of business CONTRACTOR will
be deemed responsible for such repairs if repairs or replacement are necessary and
caused by negligent use misuse or use not in the regular course of business of
operations of a tennis center

CONTRACTOR shall not beresponsible for repairs to sports lighting roofs exterior
conditioning plumbing electrical system
walls air s or foundations

The City will maintain the grass areas in those portions surrounding the Centers but
not within the court surfaces The CONTRACTOR is responsible for servicing the

grass area both at the Flamingo Park Tennis Center and North Shore Tennis
Center

3
11 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 CONTRACTOR also agrees to comply with minimum standards
set forth for underground watering systems as set forth by the general contractors
of the Centers Welch Tennis at North Shore and builder TBD at Flamingo Park
and shall attend all training necessary as required to accomplish this The City shall
from time to time conduct inspections of the Center to determine compliance with
Maintenance Standards and submit its finding in writing to CONTRACTOR The
CONTRACTOR agrees to promptly respond to the City s findings in writing
addressing all findings including an action plan and time line for correcting any
discrepancies identified in said findings It is further understood that upon the
request of the City CONTRACTOR shall periodically or upon the City s written
request provide the City Manager his with maintenance
or designee a report in a
format approved by the City

18
4
11 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 Centers
and shall provide a sufficient number of these receptacles for its own use and for
the of the of the contents of said receptacles and removal of
use public Disposal
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 s currenttrash removal procedures The amount of trash
the City

being picked up shall be evaluated within 120 days of the Commencement Date
and if at that time it is found to exceed the level currently being disposed on the

Center the CONTRACTOR shall be assessed and agrees to pay as an operating

expense the actual cost of the disposal process including labor and dumping The
dumping or disposal of any refuse discards trash orgarbage generated by or as a
result of the operations on the Centers into any of the Miami Beach trash
receptacles located within the Centers by the CONTRACTOR including its staff and
employees shall be strictly prohibited unless previously agreed to by the City
Manager or his designee

5
11 Equipment
The CONTRACTOR must provide and maintain at its own cost and expense all
materials labor and any and all equipment required to operate the Centers such as
for clay water coolers cable TV ball caddies show water trays sheds tennis

racquets and balls and minor landscaping maintenance in and around the Tennis
Centers CONTRACTOR shall maintain said equipment during the Term of this

Agreement In the event any of the CONTRACTOR

Sequipment 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 possible within such time frame as promptly as reasonably possible but in no
event to exceed fifteen 15 days The City is responsible for repair or replacement
caused by normal and regularwear and tear of that machinery equipment and real

property supplied to CONTRACTOR in the regular course of business

CONTRACTOR will be deemed responsible for such repairs if repairs or

replacement are necessary and caused by negligent use misuse or use not in the
regular course of business of operating the Tennis Centers

6
11 Orderly Operation
The CONTRACTOR shall have neat and
a orderly operation at all times and shall
besolely responsible for the necessary housekeeping services for the Centers to
include bathroom supplies at interior bathrooms Exterior bathroom will be
maintained by the City There shall be no living quarters nor shall anyone be
permitted to live within the Centers CONTRACTOR shall make available all
facilities within the Centers under its control for examination hours of
during
operation by the City Manager or his designee

7
11 No Dangerous Materials
The CONTRACTOR agrees not to use or permit at the Centers the storage and or
use of gasoline fuel oils diesel
illuminating oils oil lamps combustible powered
electricity producing generators turpentine benzene naphtha propane natural

19
 gas or other similar substances combustible materials or explosives of any kind
orany substance or thing prohibited in the standard policies of fire insurance
companies in the State of Florida Any such substances or materials found within
the Center shall be immediately removed

any contrary provisions of this Agreement CONTRACTOR after

Notwithstanding
the Commencement Date shall indemnify and hold City harmless from any loss

damage cost or expense of the City including without limitation reasonable

s fees
attorney incurred as a result of arising from or connected with the

placement by CONTRACTOR after the Commencement Date but during the Term
of this Agreement of any hazardous substance or petroleum products on under
in upon the Center as those terms are defined by applicable Federal and State
or

Statute or any environmental rules and environmental regulations promulgated

thereunder provided however CONTRACTOR shall have for any
no liability
violationarising damage or incurred as a result of the willful misconduct or gross
negligence of the City its agents servants oremployees The provisions of this
Subsection shall survive the termination or earlier expiration of this Agreement

8
11 Security
The CONTRACTOR shall be responsible for and provide reasonable security
measures that may be required to protect the Centers and any of the equipment
materials and facilities thereon Under no circumstances shall the City be
responsible for any stolen supplies nor shall
ordamaged equipment materials and
theCity be
responsible for
damaged personal property of any stolen or

Spatrons guests invitees and

CONTRACTOR or other third parties

9
11 I nsgection
The CONTRACTOR agrees that the Centers and all facilities equipment and

operations thereon may be inspected at any time during hours of operation by the
City Manager or his designee or by any other Municipal County State officer or
agency having responsibilities for inspections of such operations The
CONTRACTOR herebywaives all claims againstthe City for compensation forloss
or damage sustained by reason of any interference which interference if
by the
City must be reasonable with the operations by any public agency or official in
enforcing its or his duties or any laws or ordinances Any such interference which
interference if by the City must be reasonable shall not relieve the
CONTRACTOR from any obligation hereunder

SECTION 12 INSURANCE

CONTRACTOR shall maintain at its

sole cost and expense the following of
types
insurance coverage at all times throughout the Term of this Agreement

a Comprehensive General Liability in the minimum amount of One Million

Dollars 000
000 per occurrence
1 for bodily injury and property damage
This policy must also contain coverage for Center operations products and
contractual liability

b Workers Compensation Insurance underthe Laws of the State of

as required

20
 Florida

Automobile Insurance shall be provided covering all owned leased and

hired vehicles and ownership liability for not
non less than the following
limits

Bodily Injury 000

0
1 00 per person
Bodily Injury 000 per
1
000 accident

Property Damage 000

1
000 per accident

The policies of insurance referred to above shall not be subject to cancellation or change
except upon at least thirty 30 days prior written notice to theCity and then only subject to
the prior written approval of the City Manager or his designee Priorto the Commencement
Date CONTRACTOR shall provide City with a Certificate of Insurance for each such
policy ALL POLICIES SHALL NAME THE CITY OF MIAMI BEACH FLORIDA AS AN
ADDITIONAL NAMED INSURED All such policies shall be obtained from companies
authorized to do business in the State of Florida with an M Best Insurance Guide
A latest
edition rating acceptable City
s to the Risk Manager and any replacement or substitute
company shall also be subject to the prior written approval of the City
s Risk Manager
Should CONTRACTOR fail to obtain maintain or renew the policies of insurance referred
to above in the required amounts the City may at its sole discretion obtain such
insurance and any sums expended by City in obtaining said insurance shall be repaid by
to
CONTRACTOR City plus ten percent 10 of the amount of
premiums paid to
compensate City for its administrative costs If CONTRACTOR fails to repay City s
expenditures within fifteen 15 days of demand the total sum owed shall accrue interest at
the rate of twelve percent 12 until paid and such failure shall be deemed an event of
default hereunder

SECTION 13 INDEMNITY

1
13 Inconsideration of a separate and specific consideration of 10
00 and other
good
and valuable consideration the
receipt and sufficiency of which are hereby
acknowledged CONTRACTOR shall indemnify hold harmless and defend the City
its agents servants and employees from and against any claim demand or cause
of action of whatsoever kind or nature arising out of error omission or negligent act
of CONTRACTOR its subcontractor
sagents servants or employees in the
performance of services underthis Agreement unless such claim demand orcause
of action arises as a result of the City
s gross negligence or willful misconduct

2
13 In addition in consideration of a separate and specific consideration of 10
00 and
othergood and valuable consideration the receipt and sufficiency of which are
hereby acknowledged CONTRACTOR shall indemnify hold harmless and defend
the City its servants and employees from and against any claim demand or
agents
cause of action of whatever kind or nature
arising out of any misconduct of
CONTRACTOR not included in the paragraph in the subsection above and for
which the City its agents servants or employees are alleged to be liable

3
13 Subsections 1 and
13 2 shall survive the termination
13 expiration of this
or

Agreement Subsections 13
1 and 2 shall not
13 apply however to any such

21
 of the
liability that arises as a result of the willful misconduct or gross negligence
City its agents servants or employees

4
13 Subrogation
policies referred to in Section 12 shall preclude subrogation
The terms of insurance
claims against CONTRACTOR the City and their respective officers employees
and agents

5
13 Force Majeure
Neither party shall be obligated to perform hereunder and neither party shall be
deemed to be in default if performance is prevented by

a fire which renders at least thirty percent 30 of the cumulative

facilities at a Center unusable and which is not caused by negligence
of CONTRACTOR

b Earthquake hurricane flood act of God civil commotion at

occurring
a Center during or in connection with any event or other matter or

condition of like nature or

c Any law ordinance rule regulation or order of any public or military

authority stemming from the existence of economic or energy
controls hostilities or war

The parties hereto acknowledge that CONTRACTOR

Sobligations 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 furtherthat
Spayment
CONTRACTOR sto the City for that contract year is greater than the
applicable percentage payment then the
City Manager or his designee in his sole
discretion may extend the Term of this Agreement for a reasonable period of time
provided however such extension shall take effect only if CONTRACTOR agrees
to such extension

6
13 Labor Dispute
In the event of a labor
dispute which results in a strike picket or boycott affecting
the Centers or the operations described in this
Agreement CONTRACTOR shall not
thereby be deemed to be in default to have breached any part of this
or
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 final determination of such fact which is not cured
a
by CONTRACTOR within
thirty 30 days

7
13 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
actsof God e
disasters g hurricane tornado etc civil commotion riot or any
other Force Majeure contemplated in Subsection 13
5 and Labor Dispute in
Subsection 6 above and the CONTRACTOR hereby expresslywaives all
13
rights
claims and demands against the City and forever releases and the
discharges City

22
 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 3 shall constitute events of default underthis Agreement An
14
event of default by CONTRACTOR shall entitle City to exercise any and all remedies
described Agreement including but not limited to those set
as s remedies
City under this
4 An event of default
forth in Subsection 14 by City shall entitle CONTRACTOR to
exercise any and all remedies described as S remedies under this
CONTRACTOR

Agreement including but not limited to those set forth in Subsection 14

5

1
14 Bankruptcy
If either the City or CONTRACTOR shall be adjudged bankrupt or insolvent or if
any receiver or trustee of all or any part of the business property of either party shall
be appointed or if any receiver of all or any part of the business property shall be
appointed and shall not be discharged within sixty 60 days after appointment or if
either party shall make an assignment of its property for the benefit of creditors or
shall file voluntary petition
a 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 eitherparty and shall not be dismissed within sixty
after such filing then the other
60 days 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

2
14 Default in Payment
In the event CONTRACTOR fails to submit any payment within five 5 days of its
due date there shall be a late charge of 50 00 per day for such late payment in
addition to interest at the highest rate allowable by law currently 12 per annum If
and accumulated not received within fifteen
any payment penalties are 15 days
after the payment duedate and such failure continues three after
3 days 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

3
14 Monetary Default
Non
In the event that CONTRACTOR the
City fails to perform or observe any of the
or

covenants terms or provisions under this Agreement and such failure continues
thirty 30 days after written notice thereof from the other party hereto such non
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
defaultis 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

23
 event shall such extended period exceed ninety 90 days from the date of
cure

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
4
14 s Remedies for CONTRACTOR
City SDefault
If any of the events of default as set forth in this Section by CONTRACTOR shall
occur the City may after notice if required and the expiration of cure periods as

provided above at its sole option and discretion institute such

proceedings as in its
opinion are necessary to cure such defaults and to compensate City for damages

resulting from such defaults including but not limited to the right to give to
CONTRACTOR a notice of termination of this Agreement If such notice is given
the Term of this Agreement shall terminate upon the date specified in such notice
from City to CONTRACTOR On the date so specified CONTRACTOR shall then

quit and surrender the Centerto 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 underthis 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 rightto maintain any and all actions at law or suits in equity or
other proper proceedings to obtain damages resulting from
Sdefault
CONTRACTOR

5
14 If any of the events of default asset 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 or
and 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

6
14 Closure of the Flamingo Park Tennis Center
The CONTRACTOR acknowledges that the City intends to develop a schedule of

capital improvements for the Flamingo Park Tennis Center which may entail a
closure of all or a portion of the Center at the City
s sole discretion The City
agrees at its sole discretion to evaluate the option of making available alternative
City owned tennis courts located in various parks to be utilized by the
CONTRACTOR See Paragraph 4 5 for payment requirements once
2
Flamingo
Park Tennis Center is closed

7
14 Surrender of Center
At the expiration of this Agreement or earlier termination in accordance with the

24
 terms of this Agreement CONTRACTOR shall surrender the Centers in the same

condition as prior to the Commencement Date of this Agreement

the Center were

reasonable wear and tear and City maintenance and repair obligations excepted
CONTRACTOR shall remove all its equipment fixtures personal property etc
upon five 5business days written notice from the City Manager or his designee
unless a longer time period is agreed to by the City The CONTRACTOR
S

obligation to observe or perform this covenant shall survive the expiration or other
termination of this Agreement Continued occupancy of the Center after termination
of the Agreement without the City s approval shall constitute trespass by the
CONTRACTOR and may be prosecuted as such 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

Except as otherwise provided in this subsection 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 Centers all of the forgoing are herein after referred to collectively as transfers
without the prior written consent of the City which consent shall not be unreasonably
withheld

If there is a in control of CONTRACTOR then any such change in control shall

change
constitutetransfer for purposes of this Agreement and shall be approved by the City
a

Commission prior to consummation of such change in control Change in control for

purposes hereof shall mean a change of the ownership directly or indirectly of greater
than 10 of the voting or ownership interest or right to profits in such CONTRACTOR by

means of one or more transfers sales mergers consolidations dissolutions orotherwise

Any change of the ownership directly or indirectly of 10 or less of the

voting or
ownership interest or right to profits in such CONTRACTOR a Minor Change by means
of one or more transfers sales mergers consolidations dissolutions or otherwise shall
also be subject to the approval of the City Manager or his designee

CONTRACTOR shall notify the City ofany proposed transfer and shall notify the City
Manager or his designee of any proposed Minor Change prior to consummation of same
and the City or the City Manager or his shall respond within
designee as applicable thirty
30 days In the event that any such transfer or Minor Change is approved the transferee
shall agree to be bound by all the covenants of this Agreement required of the transferor
hereunder Any transferor Minor Change made without complying with this Section shall
be null void and of no effect and shall constitute an act of default under this Agreement
Notwithstanding any such consent or any permitted transfer or Minor Change under any
provision of this Section unless expressly released by the City CONTRACTOR shall
remain jointly and severally liable along with each approved transferee who shall
automatically become liable for all obligations of the transferor hereunder with respect to
that portion of the Agreement so transferred and the City shall be permitted to enforce the

provisions of this Agreement directly against CONTRACTOR or any transferee of the

CONTRACTOR without proceeding in any way against any other person

25
SECTION 16 SPECIAL EVENTS

1
16 Sproposed uses
CONTRACTOR as defined in Section 3 hereof contemplate the

production promotion or sponsorship by the CONTRACTOR of tennis related

special events at the Centers For

purpose of this subsection 16
1 only
SSpecial
CONTRACTOR Event shall mean any event in which CONTRACTOR
shall dedicate general public 50 or more of a Center
and close to the stennis
courts In the event CONTRACTOR does produce promote a sponsor or a Special
s Special Events Permit Requirements
Event at a Center it shall abide by the City
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
s Office of Arts Culture and Entertainment The City Manager
the City 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

s Special Event Permit Requirements and Guidelines

accordance with the City

2
16 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 Centers for City produced tennis related special events and
or
other produced special
City 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 chooses to remain open without interference to the
or special event and
or

production CONTRACTOR agrees to cooperate with the City If the

CONTRACTOR is allowed to remain open during special events and
or productions
the CONTRACTOR may be allowed to have in operation its normal daily

complement of equipment and staff Normal shall be defined as equipment and

staff approved by the City that the CONTRACTOR has available for the public on a
normal day 365 days per year Such equipment or staff shall not be increased or
altered during special events and
or productionswithoutthe prior written permission
of the City Manager or his designee

SECTION 17 NO IMPROPER USE

The CONTRACTOR will not use nor suffer or permit any person to use in any manner

whatsoever the Centers or any facilities thereon 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
and keep harmless the its agents employees and contractors from and
save City against
damage penalty fine judgment expense or charge suffered imposed assessed or
incurred for any violation or breach of any law ordinance rule order or regulation
occasioned by any act neglect omission of the CONTRACTOR or any of its
or

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

26
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 withintwenty
four24 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 Robert C Middaugh

Assistant City Manager
City of Miami Beach
1700 Convention Center Drive
Miami Beach Florida 33139

With copies to Kevin Smith Director

Parks and Recreation
2100 Washington Avenue
Miami Beach Florida 33139

IF TO CONTRACTOR Mr Tom Mar President

Green Square Inc
O Box 615
P
Miami Beach Florida 33119

With copies to which shall Louis R Montello Esquire

Not constitute notice Montello Kenney P
A
777 Brickell Avenue Suite 1070
Miami Florida 33131

The CONTRACTOR and the the above address at anytime upon

City may change mailing
giving the other party written notification All notices under this Agreement must be in
writing

SECTION 19 LAWS

1
19 Comaliance
CONTRACTOR shall comply with all applicable City County State and Federal
ordinances statutes rules and regulations including but not limited to all applicable
environmental City County State and Federal ordinances statutes rules and
regulations

2
19 Governing Law
This Agreement shall be deemed to have been made and shall be construed and
interpreted in accordance with the laws of the State of Florida In case of any
inconsistency between the terms of this Agreement and any applicable general or
special law said general special law shall prevail

27
3
19 Egual Employment Opportunity
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 and disability as defined in Title I of ADA

4
19 No Discrimination
The CONTRACTOR agrees that there shall be no discrimination as to race sex
sexual orientation color creed national origin familial status religion or handicap
in the operations referred to by this Agreement and
in its employment practices or

further there shall be no discrimination regarding any use service maintenance or

operation within the Centers All services offered at the Centers shall be made
available to the public subject to the right of the CONTRACTOR and the City to
establish and enforce rules and regulations to provide for the safety orderly

operation and security of the Centers

Pursuant to Sections 62
90 and 62 of Chapter 62 of the Miami Beach City
91
Code entitled Human Relations CONTRACTOR by executing this Agreement
certifies that it does not discriminate in its membership or policies based on race
color national origin religion sex sexual orientation familial status or handicap

SECTION 20 MISCELLANEOUS

1
20 No Partnership

Nothing contained in this Agreement shall constitute or be construed to be or create

a partnership or joint venture between the City and CONTRACTOR

2
20 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 binding on the City unless approved by the Mayor and
City Commission except where such authority has been expressly provided herein
to the City Manager or his designee

3
20 Complete Agreement
This Agreement together with all exhibits attached hereto constitutes all the

understandings and agreements of whatsoever nature or kind existing between the

parties with respect to the matters as contemplated herein

4
20 Headings
The section subsection and paragraph contained herein for
headings are

convenience of reference only and are not intended to define limit or describe the
scope or intent of any provision of this Agreement

5
20 Binding Effect
This Agreement shall be upon and inure to the benefit of the parties hereto
binding
and their respective successors and permitted assigns

28
6
20 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

7
20 Severability
If any provision of this of such provision or the application
Agreement or any portion
thereof to any person or circumstance shall be held to be invalid or unenforceable
or shall become a violation of any local State or Federal laws then the same as so

applied shall no be a partof this Agreement but the remainder of the

longer
Agreement shall not be affected thereby and this
Agreement as so modified shall
remain in full force and effect

8
20 Right of Entry
The City at the direction of the City Manager shall at all times during hours of
operation have the right to enter into and upon any and all parts of the Center for
the purposes of examining the same for any reason relating to the obligations of

parties to this Agreement

9
20 Not a Lease
It isexpressly understood and agreed that no part parcel building facility
equipment or space is leased to the CONTRACTOR that CONTRACTOR is a
contractor providing management services for the City and not a lessee and that
the CONTRACTOR
Sright to manage and operate the Centers for the City shall
continue only so
long as this Agreement remains in effect

10 Sianage
20
CONTRACTOR shall provide at its sole cost and expense any required signs on
the Centers All advertising signage and postings shall be approved by the City
and shall be in accordance with all applicable Municipal County State and Federal
laws and regulations Any signage posted by CONTRACTOR at the Centers shall
be subject to the prior written approval of the City as to size shape and placement
of same

11 Conflict of Interest
20
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

12 Intentionally Omitted
20

13 Procedure for Approvals and

20 or Consents
In each instance in which the approval or consent of the City Manager or his
designee is allowed or required in this Agreement it is acknowledged that such

29
 authority has been expressly provided herein to the designee by
City Manager or his
the City
and Commission of the City In each instance in which the approval
Mayor
or consent of the City Manager or his designee is allowed or required in this

Agreement CONTRACTOR shall send to the City Manager a written request for
approval or consent the Approval Request The City Manager or his designee
shall have up to sixty 60 days from the date of Approval Request to provide written
notice to CONTRACTOR approving of consenting to or disapproving of the request

However the City Manager or his designee

sfailure to consider such request within
this time provided shall not be deemed a waiver nor shall CONTRACTOR assume
that the request is automatically approved and consented to This Subsection shall
not apply to approvals required herein by the Mayor and City Commission

14 No Waiver
20
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

15 No Third Party Beneficiary

20

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

The City desires to enter into this Agreement placing the operation and management of the
Center in the hands of a private management entity only if so doing the City can place a
limit onliability for any cause of action for breach of this Agreement so that its liability
its
for any such breach never exceeds the sum of 10 00 CONTRACTOR hereby
000
expresses its willingness to enter into this Agreement with a 1000 limitation on
000
recovery for any action for breach of contract Accordingly and in consideration of the
separate consideration of 10
00 the receipt of which is hereby acknowledged the
000
City shall not be liable to CONTRACTOR for damages to CONTRACTOR in an amount in
of 00 for any action
000
10 for breach of contract out of the
excess arising performance
ornon of any obligations imposed upon the City by this Agreement Nothing
performance
contained in this paragraph or elsewhere in this Agreement is in any way intended to be a
waiver of limitation placed upon the City
s liability as set forth in Florida Statutes Section
28
768

SECTION 22 VENUE

This Agreement shall be enforceable in Miami

Dade County Florida and if legal action is
necessary by either party with respect to the enforcement of any and all the terms or
conditions herein exclusive venue for the enforcement of same shall lie in Miami
Dade
County Florida CITY AND CONTRACTOR HEREBY KNOWINGLY AND
INTENTIONALLY WAIVE THE RIGHT TO TRIAL BY JURY IN ANY ACTION OR
PROCEEDING THAT CITY AND CONTRACTOR MAY HEREIN AFTER INSTITUTE
AGAINST EACH OTHER WITH RESPECT TO ANY MATTER ARISING OUT OF OR
RELATED TO THIS AGREEMENT OR THE CENTER

30
 IN WITNESS WHEREOF the parties hereto have caused their names to be signed and
their seals to be affixed all as of the day and year first above written
indicating their
agreement

n For City
Atte ll
V
CITY CLERK
Jt
M OR
Robert Parcher Matti H Bower

For Contractor
Gr ua nc

Signature
ARY P Signature
DENT

1C
D2
i Print Name
r f
Print ame

APPROVED AS TO
FORM 8
ANGUAGE
4
1 FO
XECUTIOh

IL @7
a

tb
KS
RCM
JMG
rcpaAgreements
F
Resolutions
OTheresa
Previous
ALL Commisssion Items 8
Greensquare Agmt
Memos Revised December 2007
doc

31
m
PARKS AND RECREATION DEPARTMENT

EXHIBIT A1
AERIAL VIEW OF FLAMINGO
PARK TENNIS CENTER
FLAMINGO PARK TENNIS CENTER
r

t y N

16 i
T
m
PARKS AND RECREATION DEPARTMENT

EXHIBIT A2
AERIAL VIEW OF NORTH
SHORE TENNIS CENTER
NORTH SHORE TENNIS CENTER
m
PARKS AND RECREATION DEPARTMENT

EXHIBIT B
LIST OF PROHIBITED ITEMS TO SELL
BROTHERS VENDING AGREEMENT ITEMS
 Reduced Fat or Low Calorie

Zero 85
1 oz

Hershe Smart Zone Peanut Butter 76 oz

1

Hershe Smart Zone Peanut Butter 1

7 6 oz
Low Fat Strawber Grain Yo
Nutri urt Bar 30 oz
7
Low Fat Vanilla Nutri
Grain Yo urt Bar 1
3 0 oz
Low Fat A le Cinnamon Bar 30 oz
1
Low Fat Strawberr Grain
Nutri Bar 30 oz
1
La s Li ht Re ular Potato Chi s 00 oz
1
La s Li ht Doritos Nacho Tortilla Chi s 38 oz
1
s
Gardetto Reduced Fat Snack
ens Flavor Pretzel 1
6 5 oz
s
Gardetto Low Fat Mustard Flavor Pretzel Mix 65 oz
1
Famous Amos Low Fat Gin ers Sna s Ba 75 oz
1
Reduced Fat Toastchee 38 oz
1
Reduced Fat Cream Cheese Chives on Wafer 37 oz
1
Reduced Fat Nekot 75 oz
1
Kraft 100 Calorie Cheese Ni s 74
0 oz

Kraft 100 Calorie Chi s Aho Cookies 81 oz

0
Kraft 100 Calorie Oreo Cookies 0
8 1 oz
Kraft 100 Calorie Wheat Thins 74 oz
0

Low Carb

Low Carb Mint Patt y

p p oz
Low Carb Toffee S wares
00 oz
1
Low Carb Pecan Delite 00
1 oz

Low Carb Milk Chocolate 80 oz

0
Low Carb Chocolate with Almonds 80 oz
0
Low Carb Chocolate Wafer 00 oz
1
Low Carb Chocolate Mousse 25 oz
1
Low Carb Dark Chocolate 80 oz
0
Low Carb Peanut Butter Bar 1
0 0 oz
Low Carb Peanut Butter Cu s 20 oz
1
Carb Fix Pretzel Nibbler 25 oz
2

Fat Free

Rold Gold Fat Pretzel Twist

25 oz
2
Fat Free Pretzel Thins
00 oz
1
Fat Free Mini Pretzels
50 oz
1
Fat Free Butter Sourdou h Pretzels 50 oz
1
Fat Free Sourdou h Nibbler Pretzels 25 oz
2
Nabisco Fat Free Fi Newtons 10 oz
2
99 Fat Free Lemon Cake
3
0 0 oz
Fat Free Strawber Fruit Snack 25 oz
2
Fat Free Cherr Fruit Snack 50 oz
2
Fat Free Mixed Berries Fruit Snack 50 oz
2
 Sugar Free

Su ar Free Pecan Cluster 1 00 oz

Golden Batch Su ar Free Chocolate Cream Wafers 75

1 oz

Golden Batch Su ar Free Vanilla Cream Wafers 1 75 oz

Golden Batch Su ar Free Peanut Butter Cream Waters 75

1 oz

Golden Batch Su ar Free Strawber Cream Wafers 1 75 oz

Golden Batch Su ar Free Reduced Fat Vanilla Cream Wafers 75

t oz

Golden Batch Su ar Free Reduced Fat Chocolate Gream Wafers 1 75 oz

Sugar Free Spearmint Rolls 65

0 oz

Su ar Free Pe ermint Rolls 65

0 oz

Carofree Su arless S earmint Gum 6 sticks

Carefree Su arless Bubble Gum 6
sticks
Breath Savers Su ar Free Pe ermint Roll Cand

Breath Savers Su ar Free Winter reen Roll Cand

Snacks

Donna Pork Skins Re ular 1 20 oz

Tro ical Cassava Chi s p0

y oz

Tro ical Plaintains 1 2D oz

Tuna Salad Kit 1 52 oz

Cheetos Crunch 1 QO oz

Cheetos Puffs 1 00 oz

poritos Cool Ranch 00 oz

1
Doritos Nacho Cheese 1 00 07

Fun ons 1 00 oz

La s KC Master iece 1 00 oz

La s Re ular 1
0 0 oz

La s Salt Vine ar 00
1 oz

La s Munchies 00
1 0

Gold
Rofd Tin Twist Pretzels 00
1 oz

Ruffles Re ular 1 00 oz

Ruffles Ched
CR
SR 1 00 oz

Smart Cheddar Po corn

1 00 oz

Po corn Act 11
Microwave 20
1 oz

Hot Fries And Ca 00

1 oz

Nutri Grain Bar A le 13

2 oz

Cream Cheese Ca t
on
Wafer 1
3 8 oz

Nekot Peanut Butter 50

1 oz

7oastchee 25
1 oz

O unch Vanilla
Van
L 50 oz
1
Combos Nacho Cheese 1
3 2 oz

Combos Pizzeria 32
1 oz

Mix N Yo urt UnsEilted 00

2 oz

Trail Mix Small 00

2 oz

Mini Oreo Cookies

05 oz
1
Planter Salted Peanuts 1 OS az

Ru er Chocolate Wafer 2 10 oz

er Vanilla Water
Rur 2 10 oz
 Price

Candies Employee
Areas Youth General Public
Centers

Skittles Ori final 17 oz

2 75
50 75
0
Skittles Tro ical 17 oz
2 75
0 75
0
Skittles Wildber 17 oz
2 75
50 75
0

Skittles California 17 oz
2 75
30 75
0
Skittles Ori final 07 oz
2 75
S0 75
0
Lifesaver 5
Flavor 72 oz
0 50
0 50
0
Runts Che 72 oz
0 50
0 50
0
Ooublemint Gum Vend 80 oz
80 oz
0 50
0 50
U
Juic fruit Gum Vend 80 oz
0 50
30 0
5 0
S earmint Gum Vend 80 oz
0 50 50
0

Price

Chocolates Employee
Areas Youth General Public
Centers

Almond Jo 75
50 75
0
Hershe s Milk Chocolate 55 oz
1 75
50 75
0
Kit Kat SS oz
1 75
0 75
0
Mr Goodbar 55 oz
1 75
0 75
0
sPeanut Butter Cu
Reese 53 oz
1 75
50 75
0
S Pieces
SP
RAP 53 oz
1 75
0 75
0
York Mints 55 oz
1 75
50 75
0
M8M Peanut 74 oz
1 75
G
75
50
M Plain
69 oz
1 30
75 75
0
Snickers 07 oz
2 75
0 75
0
Twix Caramel Crunch 00 oz
2 75
0
75
0
Bab Ruth 00 oz
2 75
0 75
0
Butter Fin er 10 oz
2 75
0 75
50
s
Nestle Caramel Crunch
52 oz
1 75
30 75
0
s
Nestle Crunch 55 oz
1 75
30 75
0

Price

Cookies and Pastries Employee

Areas Youth General Public
Centers

Bi Cookie Chocolate Chi

80 oz
2 65
0 65
0
Rich Che Chocolate Chi Cookie OD oz
1 65
0 65
U
Bi A le Claw
86
13 oz
75
0 0
7 5
Hone Bun Glazed Jumbv 1 1
00 oz 75
0 75
0
FOA Powdered Gem Donut
02 oz
1 75
30 75
30
 U

to to to t0 to to to to 4A l0 t1 ui to J
a to fi tq US to N to N N to
h N h N h N h N h N h N h N h N h N h N h N h N h N N h N h N h N N N N N
N
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a O O O O O O O O O OO O O O O r o r r
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9 Eft cfl
E Eft 69 Eft fft Eft E
3 Eft N Eft FR Ef Eft Ef E9 Eft Eft Eft Efl fft Ef EN Ef
U
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N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N
O O O O O O O O O O O C O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0
N O N O N O N O N O N C N O N O N O N O N O N O N O N O N 0 0 0
N O N 0 0
N N N
N N N N N N N N
r r r r r r r r

N N N r N r
N N N N N

Y
C

0
d N Q1 G1
pce m m
0 0 0 0
m aEi m m
J J J J

L t otj oEJ ot ojS

J J O

QI y

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c c m m
ro ro m

D
c c
m
a 4 m m ro a c
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aroi ai a a
a E E in in in E c cca
u
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m m E E
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c c 3
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J J
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ai ro 0 0 0 0 O
O O N 0 O O 4 0 c6 Rf t9 0 d O O O O
m N N Y Y U U c c O O
7 7 O O i Q Q L rY X
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U U U U O o C n in c c
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U U U U D O cn cn D Q a u LL u c7 c7
LL z z z z a a a a
PARKS AND RECREATION DEPARTMENT

EXHIBIT C
S LIST OF FOOD AND
CONTRACTOR
BEVERAGES TO BE SOLD
 NNIS COURTS
TF

FOOD AND I3EVEKAGF INVEN

RY AND PRICE LIST
I

PRICE PER 11
EM

BANANAS pU
I
POWER CRUNCH BURS UU
2
FRUIT BY THE TOOT SU
PRETZELS U
ros
EE
CI so

AYS
I SU
DORITOS so
NATURE VALLEY TRAIL MIX BAR 50
NATURE VALLEY OATS N HONEY BAR So
RITL CRACKERS AND CHEESE SU
COMBOS SNACK I Up
oREO cooKlES oo
I
FAMOUS AMOS COOKIES UU
I
TAMTN WATER
VI SU
I
SUNNY DELIGI
IT 00
I
S CHOCOLATE MILK
HERSHEY I UU
RISUN JUICES
CAI SU
RED B
L
I UU
2
ENERGY DRII
TK 0p
2
FRAPPUCCINO Up
SIMPLY FIT DRINK 00
2
SLUSHPtJPPIE DRINK 00
STONYFIELD FARM YOGURT 50
I
m
PARKS AND RECREATION DEPARTMENT

EXHIBIT D

PARKS AND RECREATION

HURRICANE PLAN
 DATE ISSUED Page 1 SECTION

2007
28
11 3
Of

PARKS RECREATION DEPARTMENT SUBJECT

RECREATION DIVISION SHURRICANE PROCEDURES
EMPLOYEE

POLICY The Parks and Recreation Department requires the following procedures in case

of a hurricane watch or a hurricane

PROCEDURES

1 HURRICANE WATCH PROCEDURES

A All Staff
1 If a Hurricane Watch is issued while you are on at your and
duty stay facility
call your immediatesupervisor for instruction
2 Allemployees must make sure that the Department and the immediate
supervisor have at least two 2 telephone numbers where the employee can
be reached
3 If you are not on
duty and a Hurricane Watch is issued call your immediate
supervisor for instructions
4 You may be called to your facility to follow hurricane and may be
procedures
assigned to assist anywhere help is needed

B All Supervisors
1 All supervisors are to report to Division office at 21St Street Recreation
2 Each supervisor will instruct their staff at each facility to carry out safety
procedures

C All Tennis Center Managers

1 All Tennis Center to report to your Tennis Center
Managers are

2 Notify your immediate supervisor that you are on duty

3 Follow safety procedures

D All Pool Managers

1 All Pool Managers are to report to your pools
2 Notify your immediate supervisors that you are on duty
3 Follow safety procedures

All personnel are not to leave their site until permission is given by your supervisor

ll PROCEDURE TO SECURE FACILITIES

A Tennis Centers
1 Tennis Personnel must report to work immediately if off duty
2 Clip wires and take down windscreens Roll up tightly by sections and store
all nets
3 Remove all maintenance e brooms rakes etc and store in
i
equipment a
safe place
4 Tie down benches to posts
5 Store all trash cans in locker rooms

6 Remove all seats ie bleachers chairs etc and store as instructed

7 Secure all loose objects computers and all miscellaneous items in the
pro
shop
8 Turn off all power at the main panel box
 DATE ISSUED Page
2007
28
11 3
Of

PARKS RECREATION DEPARTMENT SUBJECT

RECREATION DIVISION S
EMPLOYEE HURRICANE PROCEDURES

Do not leave the facility until fully secured

B Playgrounds and Youth Centers

1 Remove everything on the first floor that can be damaged by water

2 Remove all objects away from window

3 Turn off power at the main panel switch
4 Bring in all trashcans and store in a safe place
5 Tie all benches and swings securely
6 Be sure that all sports equipment is stored in a safe place
7 Cover and unplug all electrical equipment with plastic i
e computers
printers copy machine TV
s etc

Do not leave the facility until fully secured

C Swimming Pools
1 Take down all canvas on deck sun shelters umbrellas etc roll up and store
in safe place
2 Clear the decks and store all movable items in the deck storage room

3 Lower the water in the pool about two 2 feet youth center lower three 3
feet
4 Stack off the floor that can be water
things damaged by
5 Lock all windows and doors
6 Shut off electricity to pumps chlorinator etc
7 Turn off power at main switch

Ill POST HURRICANE PROCEDURES

A All Staff
1 All staff is to callCity Hall Employee Hotline 604
City and their immediate
supervisor if possible as soon as possible and wait for further instructions
2 All staff will be assigned work locations to begin cleanup of all storm damage
so that normal services to the public can be resumed as soon as
possible
3 All staff must report to work when notified by their supervisor unless
unforeseen circumstances prohibit otherwise

B All Supervisors
1 All Supervisors are to report to City Hall I t
don know about this we
one

usually report to our sites as soon as possible

2 Coordinate the damage assessment and clean up procedures
3 Immediately upon reporting back to work a damage report must be turned in

to the Recreation Assistant Director

4 Assign staff to each facility

C All Tennis Center Managers

1 All Tennis Center Managers are to report to their Tennis Centers as soon as

possible
2 Prepare a written damage report of their facility
3 Assign staff to cleanup procedures
 DATE ISSUED Page 3 SECTION
1 1 28
2007 Of 3

PARKS RECREATION DEPARTMENT SUBJECT

RECREATION DIVISION SHURRICANE PROCEDURES
EMPLOYEE

D All Pool Managers

1 All Pool Managers are to reports to their Pool as soon as possible
2 Prepare a written damage report of their facility
3 Assign staff to cleanup procedure
PARKS AND RECREATION DEPARTMENT

EXHIBIT E

RECREATION FEES
RESOLUTION 2003
25306
 a
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m
PARKS AND RECREATION DEPARTMENT

EXHIBIT F

GREENSQUARE FEES
DESCRIPTION OF CLASSES
GSI Bollettieri

Hours of Operation Fees Annual Pass 10

O1 30
09
Monday Friday 00 a
8 m 9
0 0p
m Adult 185 res 375 non
res
Saturday 00 a
8 00 p
8 Senior 65 150 250 non
Sunday m m res res
Court Fees hr res h
4 8 r non
res Family 400 700 non
res
res
Light Fee for night play 1
50 Fee for 5
1 0
Light night play

Monthly Jr Afterschool Tennis

Pee Wee Ages 4

6
Monday Friday 4
00 pm 5 m North Shore Park
30 p

Tuesday Thursday 0
4 0 3
5 0
m
p m Flamingo Park
p
20 per class

Junior Ages 7
18
Monday Friday 4
00 pm 530 p
m North Shore Park

Tuesday Thursday 4
00 p
m 5 m Flamingo Park
30 p
All levels are welcome

20 per class
10 discounts offered patrons who
are to purchase 10 or more classes in advanced

Academy Ages 7
18
20 per class

10 discounts offered
are to patrons who purchase IO or more classes in advanced

Private Glasses All Ages

60 per hour for all GSI Bollettieri Staff Professionals
75 per hour for James Bollettieri Tom Mar and Victor Weithorn

JUNIOR MATCH TOUGH 20 p

c lass
SATURDAY SUPERVISED JUNIOR MATCHES 10 class
p
a supplement program to the JBTA Junior Traveling Team

JBTA JUNIOR TRAVELING TEAM

Tuesday Thursday Saturday and Sunday 550 mo

p

GSI BOLLETTIERI MINI CAMP

Pee Wee Jr Academy half day 52 day

half
p
Pee Wee Jr Academy full day 90 p
full lay
Pee Wee Jr Academy half day week 215 h
p alf wk
day
Pee Wee Jr Academy full day week 375 full wk
p
day
 half
day 52 day
half
p
Academy
Academy full day 90 day
full
p
Academy half day week 215 p alf wk
day
h
Academy full day week full wk
375 day
p
After Care 3
0 0 to 5
00 PM 10 p
d
c hild
ay

JAMES BOLLETTIERI
S TENNIS 8 SURF CAMP

Pee Wee Jr Academy half day 52 day

h
p alf
Pee Wee Jr Academy full day 90 full
p
day
Pee Wee Jr Academy half day week half wk
215 day
p
Pee Wee Jr Academy full day week full wk
375 day
p
Academy half day 52 day
half
p
Academy full day 90 day
full
p
Academy half day week half wk
215 day
p
Academy full day week 375 day
full wk
p
After Care 00 to 5
3 00 PM 10 p
d
c hild
ay

ADULT CLINIC 20 class

p
MATCH TOUGH 20 p
class
TENNIS LADDER 20 season
p

JBTA ADULT ACADEMY

2 Day
1 95
One Day 175
One Session 3 days 485
Two Consecutive Sessions 6 DAYS 727
m
PARKS AND RECREATION DEPARTMENT

EXHIBIT G

WELSH
MAINTENANCE STANDARDS
 lch I
1Nc lis C
Y uurts ISTER I Slt
RE d Ifd

282
0
8
1
4415
1f U r 1
C
l
tt
0
1
t1I114
111
tE

a lovcm
Fr er 3G NCO

The ing procedures

follo are offered guidelines far maintaii7ing
as the court although there ma be variations in frequenc due
reather conditions amount
toy of play and ph
sical location

1 The court should be brushed at the ei7d of Flay each rith all indentations and scuff marks smoothed out The
drag day
court may be drag brushed at other times as required to smooth the surface

The Flaying lines should be brushed clean before rand

pla as required during Flay

3 The court should be rolled if it becomes soft or if thepla lines should become loose It is not necessan to roll the
ing
court on a regular basis and gi
en frequent pla on the court rolling grill Probably be required only on rare occasions

The court should be observed Periodically follo

ing rain to see if any areas birdbaths drain mare slo
4 rly than the rest of
the court Any such areas arhich occur most frequently just behind the baselines should he checked with a straight edge or
string line to determine if a rspot has formed If the
la area is determined to be
lo then it should he Patched by ing
scarifij
F material in the arith hand a
placing ne area eling
le a straight edge ratering and coi7
pacting

b Approximately once a month the net should be remo

red and the court reral times in a lengthavise pattern
drag brushed se
If any excess material r
rhich has collected in the net line remains ring this brushing it should be scraped le
folloti el rith the
adjacent area and removed

6 The HydroCourt s stem is installed rith continual system acti

ation that ides
pro a constantly maintained rater rel for
le
each cell This alloy
rs moisture to more by capillary action from the crushed stone base to the ctile cloth hich
geote ers
co
it and through the tile
geotex to the stone screenings and Hydroblend surface

If an area of the court becomes

rely dry then the float ral
relati re in the corresponding control box located outside the court
should be slightly adjusted to raise the rater lerel This is accomFlished by plugging the outlet Pipe to the cell rith the
cap
Plug ifound in the box abser
ing
r the current rater el
le on the control box ruler turnii7g the ralve adjusting knob in a

clockvrise direction so that the r

rater level is raised and then removing the plug This should be done in small increments of

eighth inch or less i

one each comFlete turn of the knob is approximately one quarter inch It is ad isable to v rait se
reral days
to observe the result before making further adjustments 5rhich might raise the yyater le el too high Jaturally should either
one zone or the entire court become too et then the rater le el should be adjusted dog rard in the same incremental
n
manner
 lch
W
c
1
isnr Courts
OU
1
4415
282
4TElCj1
t
111
U111
N11IlIti

sC
Fn remter 2C7
c
r

1 Brushing Brush in the morning before play brush in the afternoon and if staffing permits brush in the rening after play is
e
over Brushing is most effective hen the court is
dry DO PJOT brush in circles if
ihen pulling broom
a behind a cart
alking
4
v
the broom alloavs for a better and mare thorough job Brush from fei7ce to fence

2 Watering The nighttime watering is the most important Try to ater as much as possible tivith out ha ring the courts too
oust in the
morning 4 latering times ran depending on the time of the ear
humidity etc It is important to adjust times
almost on a daily basis The afternoon atering is to prepare the court for later afternoon and a ening play Because of the
wind and sun it is difficult towater e
renly 4
rater as late as pcssihle in the afternoon if ou hare a lot of evening play It is not
necessary to brush after the afternoon ratering but yrou should clean the lines Brooming at this time of day wvill just dr out
the courts

3 Rolling On the average roll the courts once

very v
e t o reeks This may be more if they are soft Rolling also presses the
material back in to the surface on material
saving usage Roll the perimeter of the court as ell as inside the
excess course

lii7es The perimeter usually needs rolling i77cre than the

il used areas
17ea

4 Patching The mare

play a court gets the more it avill need netiv material added to the baseline area and ser
ice boxes
Then
b observe the last areas to This ill indicate lo
v
ratering dn on a vindy da
non areas of the surface that need new

material added

5 sing
Dre
Top rice a year the courts should he cleaned of excess dead material and top
Ttir dressed with one to tons of
new material hJev4 material is atered in then rolled each day for the first couple of v
eeks to insure that it bonds to the

existing surface
 I1
IC ItlllS Utiifti
TE i I
I
RED Y IFi
800 4 1 B
1
aril tt
in
cc
elcllkenniy

laintaining a fast dr
t claytennis court does net rE
uire any gnat Effort er exFErience n
does u r ire continual obser aticn
cambinEd ith Frei entive ma intenan ce
itha bas is u n der
measures ta nding o f the n ature c f the
certain conditions ccn
mon sense can cc u rt a nd ho it reacts to
Fre ide a guideline fcrthcsE maintEnan
cE Procedures

he ccurtccnsists efthrEe main

cnenta
cem a Perimeter curt hich Ents
Fre erosion and holds the court
stone base hich act as both
in Place a
a drainage area and moisture rESer cir and the
fast dry Flaying urfacE
Far someone
taking ca rE
e f a F r

reFErh co nstru ctEd fast dry court th E first tc elements sh cu id ra reh if

considered he fast surface
E Er need tc bE
dr itself is the Fart cfthE court hich
FuirES regular attention
rE

Faster enal
1a
i

e correctly carEfora fastdr

court it is imFortanttc understand a fE basicfacts
abcutfastdr4 surfacing material It is an
extrEmeha hard basafticreck hich has occurred in a
naturalf green calerEd dEFcsit
F his rcci is then
finely graded Particles ith the smaller dust si
E Particles ground into a range of
acting as a echoer E material hen moist and the
Providing drainage hE fast dr surface is larger Farticfe3
Preserved in a firm unified layer b the Presence cf
rhen rEuired of moisture and the application
compaction

General Dail nce

9ainten
P

fast dn clay tennis court rE

yuirES rtigularcarE Other than
the times of inclement Bather ar hen a court has CEEn
inter this n
Ear Bait closed for
irrigation and maintenance Even ifthe court has nc
irrigation and maintenance should still t E done he
Primar daily maintEnanca acti rt brush Eslare
IEd for Flay
rig and3tilling
hE ideal sEauencE for
maintaining
a court is t
rushing attiring and rclling
atEring is done his is freauent
ydifficuttto dc since most
during the night
and nc cnE
ma bEavailablEtc Crush the court atthE End afthE
HoEver if Passib this order of Previous da s Flay
actions is best etcausE
surface ti
BtEr ilitEnd tc sEtthES imperfections brushing hEIFs iEvEland fill in imperfections in the fast
ifthEy are not corrected Ise a damF court is dry court
surface granular cn to fill in indentations hardertc redistribute
er lE EI small File3 of
fast dr

Brushing

It is
impcrtanttc notethat brushing
may be done ith several
differentpiECes ofeyuipment depending
surface condition and the desired en
Haying surface
hEtraditicnaltce is a s EvEn feet
theExisting court
ide drag brush
stiffness He
YE Ef drag mats of GGUrt ith bn
tlea cf ing
ar
f8ke3 m8 8lsc bE Used a
rEling
ie and ing devices
grcan
he drag brush is
usuallya en good tcclto use cn
overhead irrigated tom
klerscourts
r
spr
have minima excess surface hESE courts are IikEttitc
dampness Earh in the hen brushing is fre
morning uentfL don and
good amount of IccsE granular additional generate
rnaterialsimPh fram pla On subsurface irrigated court a

tc bECCmEClegged ith hctvEvEr the dreg brush tend

damp surfacEmaterial andthGbrushthen looses its may
bristled brushes are Prcneto thi result abilit to prcFert
Elthecourt lien stiff
E

Generally the harder and

smoother a fast dr surface is the
shou ld ha stifferthE brush er cthertccl should l u
e a thin IayEr of IecsE E llfast dr courts
grams lar materia I en the su rfacE ft is this
and it also provides texture IcesE materia I that allc
s a p layer s fe ct to
hich affects the bounce of s IidE
thetennis bail
 26432
20x7
RESOLUTION NO

A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH
FLORIDA ACCEPl
ING THE RECOMMENDATION OF THE CITY MANAGER PERTAINING TO
THE RANKING OF PROPOSALS PURSUANT TO REQUEST FOR PROPOSALS RFP NO 07

06107 FOR COMPREHENSIVE PROFESSIONAL TENNIS MANAGEMENT AND OPERATIONS

AT THE S FLAMINGO AND NORTH SHORE TENNIS CENTERS AUTHORIZING THE
CITY
ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH THE TOP RANKED PROPOSER

GREENSQUARE INC AND SHOULD THE ADMINISTRATION NOT BE SUCCESSFUL IN

NEGOTIATING AN AGREEMENT WITH THE TOP RANKED
PROPOSER AUTHORIZING
NEGOTIATIONS WITH THE SECOND RANKED PROPOSER FRANCISCO MONTANA 8 SON
AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN
AGREEMENT UPON CONCLUSION OF SUCCESSFUL NEGOTIATIONS BY THE
ADMINISTRATION

WHEREAS Request for Proposals No 07 06 for Comprehensive Professional Tennis

7

Management and Operations at the s Flamingo and North Share Tennis Centers was issued
City
on October 31 2006 with an
opening date of December 5 2006 the RFP and

WHEREAS the RFP requested proposals from experienced and qualified tennis center

management groups or individuals for the exclusive right to provide comprehensive professional
tennis management and operations services to the two City owned tennis centers pro shops and
related facilities and

WHEREAS apre
proposal conference was held on November 17 2006 and

WHEREAS BidNet issued bid notices to fifteen 15 prospective proposers RFP Depot
issued bid no
ices to 43 prospective proposers and 42 proposers were notified via mail a
mail
and fax circulation all which resulted in the submittal of five 5 proposals and

WHEREAS the City Manager via Letter to Commission LTC No 229 2006 appointed an

Evaluation Committee the Committee consisting of the following individuals

Cynthia Casanova Park Manager North Shore Park Youth Center

Dolores Hirsh Resident North Shore Park Tennis Center Patron Ladies Tennis Team

Captain North Shore Park

Terry Jonas Resident and Tennis Center Patron
Andrew Plotkin Park Manager Flamingo Park
Pons Resident and Member of the Parks
Cesar Garcia Recreational Facilities Board
Anna Cecilia Velasco Asset Manager
Raj Verma Junior Management
Consultant Miami Beach Resident USTA Rated Tennis
Player Tennis Center Patron and

WHEREAS on December 21 2006 the Committee convened to rank the proposers and

WHEREAS the Committee members were provided with general information on the scope
of services Performance Evaluation Surveys and Risk Assessment Plans for all the proposers
being evaluated and
 WHEREAS the Committee members were provided with presentations from four 4 of the
prospective proposers 1 Francisco Montana 8 Son d bla M S Tennis Services 2 Albert
Mora 3Greensquare Inc and 4 The Tennis Group and

sTennis Academy
WHEREAS atricio Apey was deemed responsive because
non it failed
to provide cost information and

WHEREAS it was the Committee

soveraN opinion that it would be in the best interest of
the City to select one 1 group or individual to manage both City tennis centers and

WHEREAS the Committee discussed the proposers respective qualifications experience

and competence and ranked the firms as follows I Greensquare Inc 2 Francisco Montana
Son 3 Albert Mora and 4 The Tennis Group and

WHEREAS the City Manager concurs with the s rankings

Committee and would
recommend that the City Commission authorize the Administration to negotiate with the top ranked
proposer Greensquare lnc and if not successful in negotiations with Greensquare further
recommend that the Administration negotiate with the second ranked proposer Francisco Montana
Son and

WHEREAS the City Manager would further request that in the event of successful
negotiations that the Mayor and City Commission further approve and authorize the Manager and
City Clerk to execute an Agreement with the successful proposer

NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF

THE CITY OF MIAMI BEACH FLORIDA that the Mayor and City Commission hereby accept the
recommendation of the City Manager pertaining to the ranking of proposals pursuant to Request
for Proposals RFP No 07 06 for Comprehensive Professional Tennis Management and
Operations at the s Flamingo and North Shore Tennis Centers Authorize the Administration to
City
enter into negotiations with the top ranked proposer Greensquare and should the Administration
not be successful in negotiating an agreement with the top ranked proposer authorizing to

negotiate with the second ranked proposer Francisco Montana Son and further Authorize the
Mayor and City Clerk to execute agreerent upon conclusion of successful negotiation by the
Administration

PASSED AND ADOPTED THIS 17th DAY OF January 2007

Y
ATTEST

CITY CLERK
Robert Parct
er
IAGENDA Tennis Management
T
06
07
20071jan17071ConsentlRFP doc
Resolution

AS TO
AppRpVED
FARM K UAdFE
Nr
 COMMISSION IIHrA SUMMARY

Accept the s Recommendation Pertaining to the Ranking of Proposals Pursuant

City Manager
Request For Proposals No
06107 For Comprehensive Professional Tennis Management And
07
Operations At The City
s Flamingo and North Shore Tennis Centers Authorizing to Enter Into
Negotiations with the Top Ranked proposer Greensquare Inc and Should the Administration Not 8e
Successful In Negotiating An Agreement with the Top Ranked Proposer Authorizing to Negotiate with
the Second Ranked Proposer Francisco Montana Son and Authorizing the Mayor and City Clerk to

5ha11 the City Commission approve the s recommendation

Gity Manager

item

On October 11 2006 the Mayor and City Commission approved the issuance of Request for
Proposals
RFP No 07 07for Comprehensive Professiona Tennis Management and Operations at the City
06 s
Flamingo and North Shore Tennis Centers

RFP No 7
06107 was issued on October 31 2006 with an opening date of December 5 2006 Apre

praposalconference to provide information to contractors submitting a response was held on November

17 2006 BidNet issued bid notices to 15 prospective proposers RFP Depot issued bid notices to 43
prospective proposers and 42 proposers were notified via mail a
mail and fax circulation which resulted
in the receipt offive 5 proposals

The City Manager via Letter to Commission LTC No 229

2006 appointed an Evaluation Committee the
Committee that convened on December 21 2006

ttwas the Committee

soverall opinion to be in the best interest of the City to select one 1 group or
individual to manage both tennis centers The Committee discussed their individual perceptions of tt
e
squalifications
contractor experience and competence and ranked the firms accordingly and
unanimously recommended Greensquare Inc

ACCEPT

Financial Information

Source of Amount Account Approved

Funds

3
4
OBPI Total

Financial Impact Summary

0ffs
Sign
Dep mant Director Assistant City Manager City Manager

GL KS PDW JMG

20
I
T AGENDA 17o71ConsentlRFP
7yan 06
07 Tennis Management Summary
doc

AOEAtaA i7E1N

r DATE IO
m MIAMIBEACH
City of Miami Beecfi 1700 Convention Cerrtar Drive Miami Beach Florida 33139 www
gav
miamiheachfl

COMMISSION MEMORAN
UM

TO Mayor David Dormer and Members of the City Commission

FROM Jorge M Gonzalez City Manager

DATE January 17 2007

SUBJECT A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF

MIAMI BEACH FLORIDA ACCEPTING THE RECOMMENDATION OF THE
CITY MANAGER PERTAINING TO THE RANKING OF PROPOSALS
PURSUANT TO REQUEST FOR PROPOSALS
RFP NO 07
Q7 FOR
06
COMPREHENSIVE PROFESSIONAL TENNIS MANAGEMENT AND
OPERATIONS AT THE S FLAMINGO AND NORTH SHORE TENNIS
CITY
CENTERS AUTHORIZING THE ADMINISTRATION TO ENTER INTO
NEGOTIATIONS WITH THE TOP RANKED PROPOSER GREENSQUARE INC
AND SHOULD THE ADMINISTRATION NOT BE SUCCESSFUL IN
NEGOTIATING AN AGREEMENT WITH THE TOP RANKED PROPOSER
AUTHORIZING THE ADMINISTRA710N TO NEGOTIATE WITH THE SECOND
RANKED PROPOSER FRANCISGO MONTANA 8SON D
AM 8 S TENNIS
B
AND FURTHER AUTHORIZING THE MAYOR AN
CITY CLERK TO EXECUTE
AN AGREEMENT UPON CONCLUSION OF SUCCESSFUL NEGOTIATIONS BY
THE ADMINISTRATION

ADMINISTRATION RECOMMENDATION

Adopt the Resolution

ANALYSIS

On October 11 2006 the Mayor and City Commission approved the issuance of Request for
Proposals RFP No 07
06107 for Comprehensive Professional Tennis Management and
Operations at the s Flamingo and North Shore Tennis Centers The RFP requested
City
proposals from experienced and qualified tennis center management groups or individuals
for the exGusive toprovide comprehensive professional tennis management and
right
operations services to the two City of Miami Beach Tennis Centers Pro Shops and related
facilities currently owned by the City

The executed agreement will remain in effect for a period of three 3 years The City of
Miami i3each has the option to renew the contract at its sole discretion for an additional two
2 year period on a year
tobasis Such option will be exercised if at all only when it is
in the best interest of the City

The services to be provided The operation of a public tennis facilities use shall include the
operation of the tennis courts pro shop a food and beverage concessions as determined
by the City but which shall not under any event conflict with those certain food and

beverages offered by the City

s exclusive vending machine concessionaries and other
tennis related operations as approved by the City Services shall include those customarily
associated with the operation of a publictennis center and permitted special events related
to the tennis center activities
Commission Memorandum RFP
06
07

January 17 2007

Page 2 of 7

RFP No 07
06 was issued on October 3i 2006 with an opening date of December 5
7
2006 Apre
proposal conference to provide information to contractors submitting a response
was held on November 17 2006

BidNet issued bid notices to 15 prospective proposers RFP

Depot issued bid notices to 43
prospective proposers and 42 proposers were notified via mail a
mail and fax circulation
which resulted in the receipt of following five 5 proposals

1 FRANCISCO MONTANA SONS dba M S TENNIS SERVICES

2 ALBERT MORA
3 GREENSQUARE INC
4 THE TENNIS GROUP
5 PATRICIO APEY
STENNIS ACADEMY

The City Manager via Letter to Commission No 229

2006 appointed Evaluation
LTC an

Committee the Committee consisting of the Following individuals

Cynthia CasanovaPark Manager North Shore Park Youth Center

Dolores
Hirsh Resident North Shore Park Tennis Center Patron Ladies Tennis
Team Captain North Shore Park
Terry Jonas Resident and Tennis Center Patron
Andrew Plotkin Park Manager Flamingo Park
Cesar Garcia
Pons Resident and Member of the Parks Recreational Facilities
Board
Anna Cecilia Velasco Asset Manager
Raj Verma Junior Management Consultant Miami Beach Resident USTA Rated
Tennis Player Tennis Center Patron

On December 21 2006 the Committee convened and a quorum was attained The
Committee
unanimously nominated Cesar Garcia
Pons as Chair of the Committee

Kevin Smith Parks and Recreations Director addressed the Committee and provided
general information
the scope of services The Committee members were also provided
on

with Performance Evaluation Surveys and Risk Assessment Plans for all the groups and
individuals being evaluated The Committee members were also
provided with presentations
by four
4 of the
prospective proposers 1 Francisco Montana
Son dba M S Tennis
Services 2 Albert Mora 3 Greensquare Inc and 4 The Tennis Group Patricio Apeys
Tennis Academy was deemed non
responsive because it failed to provide cost information

The following Evaluation Criteria was used to evaluate and rank the groups or individuals

1 Qualifications of the Group or individual or Team 15 points

2 Qualifications of the Individuals 20 points
3 Risk Assessment Plan for ensuring quality of work 20 points
4 Past performances based on number and quality ofthe Performance Evaluation
Surveys 20 points
5 Interview of Group or individual personnel 15 points
6 Fee proposal 10 points
 Commission Memorandum 06
07
RFP

January 17 2007
Page 3 of 7

The method of ranking the groups and individuals utilized by the Committee was the

fallowing The group individuals with more than 50 of the Committee Members first
place
votes will be deemed the top
ranked contractor subsequent contractors or contractors not
receiving the majority of the Committee Member
sfirst place votes wilt be ranked based on

the total low aggregate ranked score

twas the Committee

s overall opinion to be in the best interest of the City to select one 1
group individual
or to manage both tennis centers The Committee discussed their individual
perceptions ofthe s
contractor qualifications experience and competence and ranked the
firms accordingly and unanimously recommended Greensquare Inc The final scoring was

as follows

CQN4PStEtiENBCYf
PROiF SSIONAL
lf
Tlc
Cesar Anna tOW
A Cynthia Dalares Terry Andrew Garcia Cecilia Raj AGGREGATE
S
QPEItATtOl Casanova Hirsh Jonas Plotkin Pons Velasco Verma TOTALS TOTALS
i

Ff2ANCI SC0 j
MONTANA 85 2 74 2 76 2 69 2 94 2 67 2 75 4 540 I 16

I I
ALBERT MORA B7 f3 61 4 3
67 91 4 64 3 76 2 483 22
573
GREENSQUARE 100
INC 94 1 91 1 1 86 96 1 90 1 80 1 637 7
1i
THE TENNIS
GROUP fi3 4 fi4 3 56 4 57 4 92 3 53 4 75 3 460 25

Committee members determined the rank order although the scoring was identical

F
RE 7
0B
tl s 1 s 2 s 3 s 4

FRANCISCO
MONTANA 6 1

ALBERT MORA 1 4 2

GREENSQUARE INC 7

THE TENNIS GROUP 3 4

FINAL RANKING URDER

i GREENSQUARE INC
2 FRANC15C0 MONTANA SONS dlb
aM S TENNIS
3 ALr3ERT MORA

4 THE TENN15 GROUP

Commission Memorandum 07
RFP
06
January 97 2007

Page 4 of 7

It should also be noted that Greensquare is the

currently managing City Tennis
s Centers
and have in most instances received very positive feedback from our resident customers

day players and tourists Included in the Greensquare RFP response was seven 7 Fetters
of reference as well as a
petition signed by 165 Miami Beach tennis patrons expressing their
satisfaction with customer service programming and developing programs
orwomen men
and children Additionally 72 Evaluation Performance Surreys were received which totaled
an average score of 9
96 for Greensquare Please see summary sheet attached

In addition to the ranking recommendation based on information obtained during the

presentations of the proposers the Committee also suggested the following points be
discussed and considered when negotiating the agreement

The development of a wheelchair

tennis program at the centers
The development of a webpage by
the management company to keep members
advised of events activities closures etc and if possible this link be added to the
Parks Recreation Department
s webpage
Further development of the Junior Tennis Program
The development of the refinement of the polices and procedures manual for the
Centers operation
Staff uniforms with identification
badges name tags
The sate of a healthy foods beverages selection intended to promote better nutrition
and reduce obesity
The of service fees with clear
posting expectations of service levels and the use of
banners when possible to advise residents of tennis special events programs and
activities
The development of special events such as a
Family Tennis Day intended to
expose the entire family to the game oftennis or a Breakfast at Wimbledon activity
that will attract residents and guests to visit the tennis centers

The development and implementation of a FREE clinic half day on a

workshop
weekend on
aquarterly or annual basis for
bi underprivileged Miami Beach children
to have a chance to be exposed to the sport

CONCLUSION

The Administration recommends that the and

City Commission accept the
Mayor
recommendation of the City Manager pertaining to the
ranking of proposals pursuant to
Request for Proposals RFP No 06
7
07 for Comprehensive Professional Tennis
Management and Operations at the s Flamingo and North Shore Tennis Centers
City
Authorize the Administration to enter into negotiations with the top ranked proposer
Greensquare Inc and should the Administration not be successful in negotiating an

agreement with the top ranked proposer authorizing the Administration to negotiate with the
second ranked proposer Francisco Montana Son d
aM 8 S Tennis and further
b
Authorize the Mayor and City Clerk to execute agreement upon conclusion of successful
negotiation by the Administration

AGENDA120071jan17071ConsentlRFP Management
T
07Tennls
06
07 doC
Memo
 Commission Memorandum 06
07
RFP
January 17 2007
Page 5 of 7

PERFORMANCE EVALUATION SURVEY SUMMARY SHEET FOR GREENSGlUARE

Survey Criteria
1 Ability to
effectively manage a tennis facility 1
10
2 Ability to provide private lessons youth clinics summer camps and year round clinics 1
10
3 Rate the quality of customer services 1 10
4 Rate the professionalism and abilities as it relates to tennis knowledge of the tennis pros and Pro Shop staff 1
10
5 Rate the management style 1 1 0
6 Rate the cleanliness of the facility and the maintenance of the courts and surrounding areas 10
1
7 Ability to operate efficient Pro
an Shop 1
10
8 tiow would ou rate the overall service rovided 10
1

Survey Crltaria Avg Totat

Company Name Client Providin g Surve y sCO
p
Per
Score
1 2 3 4 5 B 7 8 SuNey
Marlene Tenreiro 10 10 10 10 10 10 10 10 10
Lynda Mariano 10 10 10 10 10 10 10 10 10
Adriana Davis 10 10 10 10 10 10 10 10 10
Jo ce Weaner 10 10 9 10 9 8 10 9 9
Mimi Siegel 10 10
10 10 10 10 10 10 10
Romen Jolezhel 10 10 10 10 10 10 10 10 10 87
9
GREEN
SQUARE Parke Lutter 10 10 10 10 10 10 1D 10 10
Jose h Slaver 10 10 10 10 10 10 10 10 10
Frank Ferrara 9 10 9 10 10 5 9 8 9
James 8 Monica Goldsmith 10 10 10 10 10 8 10 10 1D

Mati Deutsch 14 10 10 10 10 10 14 10 10
Maril n Sheffman 10 10 10 10 10 10 10 10 10
Nanc Schein 10 10 10 10 10 10 10 10 10
Giselle Trainor 10 10 10 10 10 8 10 10 10
Dolores Hirsh 10 10 10 10 10 10 10 10 10
L nda Mariano i
10 10 10 10 10 10 10 0
1 10
Dana Turken 10 10 10 10 10 10 10 10
10
Ste hen R Ma ort 10 10 10 10 10 14 10 10 10
Ja Kivsb or 10 10 10 10 10 10 10 10 1D
Jimm Resnik 10 10 10 10 10 10 10 10 10
4
Artic Ice Cream 10 10 10 i 10 10 10 10 10 10
tJni ue S oils Products nla nla a
n 10 nla a
n a
n nla 10
Rochelle McCartne 10 10 9 10 10 10 10 14 875
9
USA Tennis
SET 10 10 10 10 10 10 10 10 10

S Ivan M
Schatz D 10 10 10 10 10 10 10 10 10
 Commission Memorandum 06
07
RFP

January 17 2007
Page ti of 7

Survey Criteria

1 Ability to effectively manage a tennis facility 1

10
2 Ability to provide private lessons youth clinics summer camps and year round clinics 10
1
3 Rate the quality of customer services 1
10
4 Rate the professionalism and abilities as it relates to tennis knowledge of the tennis pros and Pro Shop staff 1
10
5 Rate the management style 1
10
6 Rate the cleanliness of the facility and the maintenance of the courts and 10
1
surrounding areas

7 Ability to operate an cient Pro

e Shop 1
10
8 How would ou rate the overall service rovided 10
1

Survey Criteria Score Total Avg

Company Name Client Providing Survey
Per Score
1 2 3 4 6 6 T t3 Surve

Si Cola
Pe a
n a
n a
n a
n nJa a
n a
n 10 10

David Lifshultz 10 10 10 10 10 9 10 10 88
9
Sarah I Deben 10 10 10 10 10 10 10 10 10
Joelle Kheel 1D nJa 10 a
n 1D 10 10 10 10
Eva Dalda 10 10 10 10 10 10 10 10 1 p

Paul Kilrain 10 10 10 10 10 10 10 10 10

ortia
P Harcus 10 10 10 10 10 10 10 10 10

GREEN
SQUARE Marls Gumbel 10 10 nJa 7 nla 9 10 8 9 total score

in prior
Harve Katz 10 10 10 10 10 10 10 10 10 page
Damelle Firn on 10 10 10 10 10 10 10 10 10
Daine Petine 10 1D 10 10 10 10 10 10 10
Anne Shatas 10 10 10 10 10 10 10 10 1 D

Yvonne Ke le 9 10 5
9 10 5
9 9 10 10 63
9
Dion Williams 10 10 10 10 9 9 10 10 75
9
Mark Gratt 1D 10 10 10 10 10 10 10 10
Jimm Resnik 10 10 10 10 10 10 10 10 10
Ana Arau o Es final 10 10 10 10 10 10 10 10 10
Susan Glass 10 10 10 10 10 10 10 10 10
ary Shinbaum 9 10 9 10 10 9 8 9 25
9
Marsha Bil in 10 1D 10 10 10 8 a
n 10 71
9
Fabio Manna 10 10 10 10 10 10 10 10 10
Ciel Torres 10 10 110 10 10 10 10 10 10
01 a Kuzenkov 10 10 10 10 10 10 10 10 10

Jason Bloom 10 10 10 10 10 i 10 10 10 10

Survey Criteria
 Commission Memorandum 06
07
RFP

January Z 7 2007
Page 7 of 7

1 Ability to effectively manage a tennis facility 1

10
2 Ability to provide private lessons youth clinics summer camps and year round clinics 1
10
3 Rate the quality of customer services 1
10
4 Rate the professionalism and abilities as it relates to tennis knowledge of the tennis pros and Pro Shop staff 1
10
5 Rate the management style 1
10
fRate the cleanliness of the facility and the maintenance of the courts and surrounding areas 10
1
7 Ability to operate an efficient Pro Shop 1
10
S How would ou rate the overall service rovided 1
10

Avg
Survey Criteria Score Total Avg
Company Name Client Providing Survey Per Score
t 2 3 4 5 6 7 i3 Sunre
Charles Heilbrunn D
M 9 10 9 9 9 8 9 9 9
Amanda Paul
Kleidermacher 10 10 10 10 10 10 10 10 10
Harlan Daar 9 10 9 10 9 9 9 9 25
9
ABC Movin Inc 10 10 10 10 10 10 10 10 10
Leo Urzula Mazzini 10 10 10 10 8 7 7 8 75
8

T fer Kaohl 10 10 10 10 10 10 10 10 10
Isaac Siama 10 10 10 10 10 10 10 10 10
GREEN
SQUARE Samantha Loeb 10 10 10 10 10 10 10 10 10 total score

in first
Vick Peratico 10 10 10 10 10 9 10 10 88
9 page
Adriana Chen 10 10 10 10 10 10 10 10 10

Warren Te er 8 10 9 10 8 8 9 9 88
8
J River 10 10 10 10 10 10 10 10 10
Liliana Palavelino 10 10 10 10 10 10 10 10 10
Thubault Villenance 10 10 10 10 10 10 10 10 10
Maxine Cohn 10 10 10 10 10 10 10 10 10

Linda Altmon 10 10 10 10 10 10 10 10 10

Donald H Altmaxi 10 10 10 10 10 10 10 10 10
Carrie Shoemaker 10 10 10 10 1 p 10 10 10 10

John G eland 10 10 10 10 10 10 10 10 10

Elisabeth Sin avsk 10 10 10 10 10 10 10 10 10

Julia Sin avsk 10 10 10 10 10 10 10 10 10
Jessica Palettes 10 10 10 10 10 10 10 10 10

Gil 10 1Q 10 0 10 10 10 10 10
Zrir
 KEY POINTS OF GREENSQUARE PROPOSAL
SUBJECT TO NEGOTIATIONS

Greensquare for the past five years has been operating with the City ofMiami Beach under the terms of a minimum
000 per month or 10 of gross revenues which ever is mare for North Shore and Flamingo Park
guarantee of 4
Tennis Centers

000 per month for both clubs specifically

In contrast for the new RFP Greeensquare proposes a guarantee of 4

000 far
2 North Shore Tennis Center and 0
2 00 for Flamingo Park Tennis Center and 10 of Grass Revenues at
040 and above
800

Existing Greensquare programs

Junior Programs

Academy After School Program advanced ages 8 to 18

Junior Academy After School Program beginners to intermediate ages 8
advanced to 16
Pee Wee After Scholl Program beginners to intermediate ages 4 to 7
James Bollettieri Academy mini Camps all levels ages 8 t ol9

James Bollettieri Tennis and Surf Camp

Adult Programs

Beginner Intermediate and Advance Clinics 18 years of age and up

Parent After School Clinic all levels
sleague tennis
Men and women all levels
5 players and above
Match tough 4
Tennis ladder

Scholarships and Donations

Greensquare namely fom Mar James Bollettieri and Victor Weithorn in the past five years have helped many
level tennis training through scholarships and donations from Greensquare
kids experience high

Future Programs
Adult Academy intenmediate and up
Corporate Events Executive Retreats
Junior Match Tough advanced
Junior Traveling Team tournament players
Free Senior Clinics beginners only

Future Projects
Food and Beverage
Improvements on our Racket Stringing Services
Greensquare Information Website

Financials
Our actual gross revenues during the first four years of our contract were as follows

2002 72
326
2003 137
508
2004 639
811
2005 443
657
for the next three follows
years of our contract is
as
Our projected gross revenue 3

2007 443
907
2008 443
0
1 57
2009 157
1
443
 REQUEST FOR PROPOSALS
COMPREHENSIVE PROFESSIONAL TENNIS MANAGEMENT AND OPERATIONS
AT THE CITY
S FLAMINGO AND NORTH SHORE TENNIS CENTERS
RFP 06
07

RFP DUE DATE December 5 2006 at 3

00 P
M

Gus Lopez CPPO Procurement Direcfor

PROCUREMENT DIVISION
1700 Convention Center Drive Miami Beach FL 33139

miam
www gov
ibeachfl

IPURCI07
F
071RFP
S106
ALL1MarialRFP doc
06

m MIAMIBEACH RFP No D6l07

07

1 of 53
m MIAMIBEACH
City of Miami Beach 1700 Convention Center Drive Miami Beach Florida 33139 gov
miamibeachfl
www

PROCUREMENT DIVISION PUBLIC NOTICE

Tel 305
7490 Fax 305
673 7851
673

Comprehensive Professional Tennis Management and Operations at the s Flamingo

City
and North Shore Tennis Centers

Request for Proposals RFP No 07

06107

This Request for Proposals RFP seeks to receive from

experienced and qualified tennis
proposals
center management groups or individuals for the exclusive
right to provide comprehensive
professional tennis management and operations services to the two City of Miami Beach Tennis
Centers Pro Shops and related facilities currently owned by the City Pursuant to the City Key
Intended Outcome to Increase Satisfaction with Recreational Programs the City s Parks and
Recreation Department is in need of a best value solution

The services to be provided The operation of a public tennis facilities use shall include the

operation of the tennis courts pro shop a food and beverage concessions as determined by the
City but which shall not under any event conflict with those certain food and beverages offered by
the City
s exclusive vending machine concessionaries and as specifically described in Exhibit
more

A hereto page 37
40 and other tennis related operations as approved by the City Services shall
include those customarily associated with the operation of a public tennis center and permitted
special events related to the tennis center activities

Sealed proposals will be received until 3

00 PM on December 5 2006 at the following address

City of Miami Beach

City Hall
Procurement Division Third Floor
1700 Convention Center Drive
Miami Beach Florida 33139

Any response received after 3

00 PM on December 5 2006 will be returned to the group or
individual unopened The
responsibility for submitting proposals before the stated time and date is
solely the responsibility of the group or individual

The City will not be responsible for delays caused by mail courier service including S Mail
U or

any other occurrence

A Pre Submission Meeting

Proposal is scheduled for November 17 2006 at 9
00 a
m at the

following address

City of Miami Beach

City Hall
City s
Manager Large Conference Room 4th Floor
1700 Convention Center Drive
Miami Beach Florida

October 31 2006
RFP No 07
06
of Miami Beach
City 2of53
The City of Miami Beach is using RFP Depot a central notification system which provides bid
notification services to interested vendors RFP Depot allows for vendors to register online and
receive notification of new bids amendments and awards Vendors with Internet access should
review the registration options at the following website com
rfpdepot
www

If you do not have Internet access please contact the RFP svendor support group
Depot at 800
9339 or 801
990 9245
765

Attendance in person or via telephone to this Pre

Proposal submission meeting is encouraged
and recommended as a source of information but is not mandatory Groups or individuals interested
in participating in the Proposal
pre submission meeting via telephone must follow these steps

1 Dial the TELEPHONE NUMBER 800 Toll

1
8704
915 free North America

2 Enter the MEETING NUMBER 2659980 note that number is preceded and followed by the
star key

Groups or individuals who are interested in participating via telephone please send an mail to
a
govexpressing
mestevez@miamibeachfl your intent to participate via telephone

The City of Miami Beach reserves the right to accept any proposal deemed to be in the best interest
of the City of Miami Beach or waive any informality in any proposal The City of Miami Beach may
also reject any and all proposals

YOU ARE HEREBY ADVISED THAT THIS REQUEST FOR PROPOSAL IS SUBJECT TO THE
FOLLOWING ORDINANCES
RESOLUTIONS WHICH MAY BE FOUND ON THE CITY OF MIAMI
BEACH WEBSITE asp
bidintro
purchase
depts
newcity
gov
miamibeachfl
www
http

CONE OF SILENCE ORDINANCE NO 2002

3378
CODE OF BUSINESS ETHICS RESOLUTION NO 2000
23879
DEBARMENT PROCEEDINGS ORDINANCE NO 2000
3234
PROTEST PROCEDURES ORDINANCE NO 2002
3344
VENDOR CAMPAIGN ORDINANCES No
3389
2003 3446
2004
LOBBYIST REGISTRATION AND DISCLOSURE OF FEES ORDINANCE NO 2002
3363
LIVING WAGE REQUIREMENT
ORDINANCE NO 3301 2001 Pursuant to City of Miami
Beach Living Wage Ordinance as codified in Chapter 2 Division 6 Section 2
407 thru 2
410 ofthe Miami Beach Code all service groups or individuals entering into a contractwith
the city shall pay to all its employees a living wage of not less than 8
56 an hour with
health benefits or a living wage of not less than 9
81 an hour without health benefits For a
covered employer to group or individual with the living wage provision
by choosing to pay
the lower wage scale hour
56 when a covered employer also provides health benefits
8
such health benefits shall consist of
payment of at least 1
25 per hour toward the provision
of health benefits for covered employees and their dependents
EQUAL BENEFITS ORDINANCE ORDINANCE NO 2005
3494 Please see Exhibit E

Sincerely

Gus Lopez CPPO

Procurement Director
October 31 2006
RFP No 06
07
City of Miami Beach
3of53
m MIAMIBEACH

City of Miami Beach 1700 Convention Center Drive Miami Beach Florida 33139 www
gov
miamibeachFl

PROCUREMENT DIVISION NOTICE TO PROSPECTIVE BIDDERS

7490 Fax 305
Tel 305
673 7851
673

NO B1D

If not submitting a bid at this time please detach this sheet from the bid documents

complete the information requested and return to the address listed above

NO BID SUBMITTED FOR REASON

S CHECKED ANll
OR INDICATED

Our firm does not handle this type of product

service

We cannot meet the specifications nor provide an alternate equal product

Our firm is simply not interested in bidding at this time

Due to prior commitments I was unable to attend proposal

pre meeting

OTHER Please specify

We do do not want to be retained on your mailing list for future bids for the type or

product and
or service

Signature

Title

Firm

Note Failure to respond either by submitting a bid or this completedform may result in your firm being
from the s
removed City bid list

October 31 2006 RFP No 07

06
City of Miami Beach
4af53
m MIAMIBEACH
City of Minmi Beath 1700 Convention Center Drive Miami Beach Florida 33139 ww
w
gov
miamibeachfl

PROCUREMENT DIVISION
Tel 7490 Fax
673
305 7851
673
305

TABLE OF CONTENTS
Page

REQUEST FOR QUALIFICATIONS OVERVIEW AND REPONSE

PROCEDURES
A Introduction
Analysis 6
B Purpose 6
C RFP Time Table 6
D Qualification Submission 6
E Proposal Submission Meeting
Pre 7

F Contact Person 7

I1 SCOPE OF SERVICES 10
9

lil PROPOSAL FORMAT 12

11

IV MINIMUM REQUIREMENTS QUALIFICATIONS 13

V SELECTION PROCESS
EVALUATION 14

CRITERIA FOR EVALUATION

VI LEGAL TERMS AND CONDITIONS I INSURANCE 19

15

VII QUALIFICATION DOCUMENTS TO BE COMPLETED AND

RETURNED TO CITY 30
20
Insurance Check List 20
Cost Information 11
Organizational Chart
Risk Assessment Plan
Acknowledgment of Addenda 22
Declaration 23
Sworn StatementlSection 133
287 Florida Statutes Public Entity Crimes
a
3 25
24
Questionnaire 30
26

VII DOCUMENTS TO BE COMPLETED BY CUSTOMERS OF THE

RESPONDENTS 33
32

Performance Evaluation Letter 32

Performance Evaluation Survey 33
Declaration Nondiscrimination in Contracts and Benefits 53
51

October 31 2006
RFP No 06107
07
City of Miami Beach
5of53
SECTION I OIVERVlEW

A INTRODUCTION BACKGROUND

This Request for Proposals RFP seeks to receive proposals from experienced adequately
financed and qualified tennis center management groups or individuals for the exclusive right to

provide comprehensive professional tennis management and operations services to the two City of
Miami Beach Tennis Centers Pro Shops and related facilities currently owned by the City
Pursuant to the City Key Intended Outcome to Increase Satisfaction with Recreational Prograrns
the City Parks and Recreation
s Department is in need of a best value solution

B PURPOSE

It is the intent of this RFP is to use the Best Value Procurement process to select a group or

qualifications the ability capability and capacity and proven

individual with the experience and

past successful performance in providing comprehensive professional tennis management and

s tennis centers located at Flamingo Park 11th Street and
operations services at the two 2 City
Jefferson Avenue and North Shore Park located at 501 72d Street

Proposers must be a certified Tennis Professional by USPTA or USPTR

and and 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 or
operations of a similarly operated tennis center professional tennis instructor in a similarly operated
facility or other experiences further delineated in Section IV of the RFP

C RFP TIMETABLE

The anticipated schedule for this RFP and contract approval is as follows

RFP to be issued October 31 2006

Proposal
Pre Conference November 17 2006
Deadline for receipt of questions November 24 2006
Deadline for of responses
receipt December 5 2006 3
0 0 p
@ m
Evaluation committee meetings December 2006
Commission approval January 2007
authorization of negotiations
Contract negotiations 2007
January
Projected award date March 2007

Projected contract start date April 2007

D PROPOSALS SUBMISSION

An original and ten 10 copies of Group or individuals proposal will be received until 0
3 0 p
m on
December 5 2006 at the following address

City of Miami Beach

City Hall

Procurement Division Third Floor

1700 Convention Center Drive
Miami Florida 33139
Beach
The original and all copies must be submitted to the Procurement Division in a sealed envelope or
container stating on the outside the Group or individual
s name address telephone number RFP
number and title and due date No facsimile or a
m ail responses will be considered
October 31 2006
RFP No 06107
07
City of Miami Beach
6of53
The responsibility for response to this RFP to the Procurement Division on or before
submitting a

the stated time and date will be solely and strictly that of the group or individual The City will in no

way be responsible for delays caused by the U

S Post Office or caused by any other entity or by
any occurrence Responses received after the RFP due date and time will not be accepted and will
not be considered

E PROPOSAL SUBMISSION MEETING

PRE

A pre
Proposal submission meeting is scheduled for November 17 2006 at 9
00 a
m at the

following address
City of Miami Beach
City Hall
City s
Manager Large Conference Room 4th Floor
1700 Convention Center Drive

Miami Beach Florida

Attendance in person or via telephone is encouraged and recommended as a source of

information but is not mandatory Groups or individuals interested in participating in the pre
RFP
submission meeting via telephone must follow these steps

1 Dial the TELEPHONE NUMBER 915

800 Toll
1
8704 free North America

2 Enter the MEETING NUMBER 2659980 note that number is preceded and followed by
the star key

Group or individual who are interested in participating via telephone please send an a
m ail to
the contact person listed on the next page expressing your intent to participate via telephone

CONTACT PERSON

The contact person for this RFP is Maria Estevez Procurement Coordinator Ms Estevez may be
reached by phone 305
7490 fax 305
673 7851 or a
673 Mail gov
mestevez@miamibeachfl

The s Procurement Director is authorized by the City

City s Cone of Silence Ordinance to have oral
communications with prospective Groups or individuals relative to matters of process or procedures

only Requests for additional information or clarifications must be made in writing to the
Procurement Director Facsimile or amail requests are acceptable Please sent all questions to

gov and
mestevez@miamibeachfl copy the City Clerk
soffice RobertParcher gov
miamibeachfl
a

The Procurement Director will issue replies to inquiries and additional information or amendments
deemed necessary in written addenda which will be issued prior to the deadline for responding to
this RFP

Groups or individuals should not rely on representations statements or explanations other than
those made in this RFP or in any addendum to this RFP

Groups or individuals are advised that oral communications between the Groups or individuals or

their representatives and the Mayor or

City Commissioners and their respective staff or members
of the City
s administrative staff to include the City Manager and his staff or evaluation committee
members is prohibited

G TERM OF CONTRACT

This contract shall commence the day specified in the contract as a result of negotiations and
remain in effect for a period of three 3 years
October 31 2006 RFP No 07
06

of Miami Beach
City 7of53
The City of Miami Beach has the option to renew the contract at its sole discretion for an additional
two 2 year period on a year basis
to Renewal of the contract is a
City of Miami Beach

Prerogative not a right of the group or individual Such option vrill be exercised if at all only when
it is in the best interest of the City of Miami Beach

beyond the term herein provided it shall only be from a

In the event that the contract is held over

to
month basis only and shall not constitute an implied renewal of the contract Said month
to month extension shall be upon the same terms of the contract and at the compensation and
payment provided herein and shall not exceed six 6 months

Option to Renew Adjustment to Contract Amount In the event the City of Miami Beach exercises
its option to renew beyond the initial three 3 year contract the contract prices and any other terms
the City may choose to negotiate will be reconsidered for adjustment prior to renewal due to
increases or decreases in labor costs but in no event will the prices be increased or decreased by
a percentage greater than the percentage change reflected in the Consumer Price Index All
Urban Areas U as published by the U
CPI S Department of Labor The City of Miami Beach
reserves the right to accept the renewal adjustment or to allow the contract to terminate and re

advertise for bids whichever is in the best interest of the City

October 31 2006
RFP No 06
07
City of Miami Beach
Bof53
SECTION II SCOPE OF SERVICES

A Premises to be managed owned Flamingo Tennis Center located at

The City 11th Street
and Jefferson Avenue and North Shore Tennis Center located at 501 d
72 Street together
with ali buildings improvements and fixtures located thereon Please see Exhibit B

page 41 for an overview of facilities

B Services to be provided The operation of a public tennis facilities use shall include the
operation of the tennis courts pro shop a food and beverage concession as determined by
the City but which shall not under any event conflict with those certain food and beverages

s exclusive vending machine concessionaries and as more specifically

offered by the City
described in Exhibit A hereto page 37 40 facilities and other tennis related operations as
approved by the City Services shall include those customarily associated with the operation
of a public tennis center and permitted special events related to the tennis center activities
Services shall include but not be limited to

Provide promote and instruct lessons in the game of tennis by certified

and licensed tennis professionals to individuals groups and clinics
Said service shall offer the tennis patron a choice of instructor levels
and hourly fee commensurate with the instructor
s level

Coach tennis teams sanctioned and approved by the City

s Parks and
Recreation Department such services to be provided for a coaching fee
or free depending on mutual advance agreement of the City

Offer demonstrations and instruction on all aspects of the game of

tennis in promotion of the Center Such demonstrations may be either

for a fee or free of charge depending on mutual advance agreement of
the City

Establishment and management of tournaments as requested by the

City or facility tennis patrons including participation in establishing
specific needs for individual tournaments

Promote junior tennis by establishing a junior tennis team or s

league

Provide advice to the City of changes regarding the tennis industry in

general tennis rules and regulations equipment and promotional

methods associated with the operation of public tennis facilities

Provide Seasonal group clinics to the community

Overall Tennis Centers Management in accordance with City directives

and policies including but not limited to

a Tennis court reservation services

b Facility court monitoring
c Tennis lessons reservations
d Food and beverage concession service acceptable to the City
and subject To condition in Exhibit A
e Pro shop operations
f Daily and routine maintenance of the buildings facilities
courts
grounds as determined by the City
g Booking of local regional and state tennis tournaments
October 31 2006 06
07
RFP No
City of Miami Beach 9of53