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2002-24715 Reso RESOLUTION NO. 2002-24715 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING, IN PART, THE RECOMMENDATION OF THE CITY MANAGER PERTAINING TO THE PROPOSALS RECEIVED IN RESPONSE TO REQUEST FOR PROPOSAL (RFP) NO. 8-00/019 FOR COMPREHENSIVE PROFESSIONAL TENNIS MANAGEMENT AND OPERATIONS SERVICES AT THE CITY'S FLAMINGO AND NORTH SHORE PARK TENNIS CENTERS; AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH THE TOP RANKED FIRM OF GREEN SQUARE, INC., TO MANAGE AND OPERATE THE FLAMINGO PARK TENNIS CENTER; AND AUTHORIZING THE ADMINISTRATION TO NEGOTIATE WITH THE PROPOSER, RICHARD JOHNSTON, TO MANAGE AND OPERATE THE NORTH SHORE PARK TENNIS CENTER. WHEREAS, on June 19, 1996, the Mayor and City Commission approved the General Obligation (GO) Bond Parks Master Plan for the restoration of the City's Parks System and on November 2, 1999, the citizens of Miami Beach approved the 1999 GO Bond Program; and WHEREAS, in light of the impending substantial improvements to the City's Tennis Centers, a group of resident tennis players recommended that the City acquire via a competitive selection process for professional tennis management and operation services for the City's Tennis Center's at Flamingo Park and North Shore Park, respectively; and WHEREAS, on March 7, 2001, the residents' recommendation was discussed by the members of the Parks and Recreational Facilities Board ("the Board"); the Board concurred with the residents' recommendation; and WHEREAS, on April 18, 2001, the City Commission referred the issuance of a Request for Proposal (RFP) to a joint meeting of the Community Affairs Committee and the Finance and Citywide Projects Committee; and WHEREAS, on May 14, 2001, a joint meeting of the Community Affairs and Finance Citywide Projects Committees was held which resulted in the joint Committees recommending the issuance of an RFP for professional tennis management and operation services for the City's Tennis Centers at Flamingo Park and North Shore Park, respectively; and WHEREAS, the Mayor and City Commission, at its May 16, 2001 meeting, accepted the Committees' recommendation; and i WHEREAS, on June 8, 2001, RFP No. 8-00/01 for professional tennis management and operation services for the City's Tennis Center's at Flamingo Park and North Shore Park, respectively was issued with a due date for submission of proposals of July 17, 2001; and WHEREAS, the City solicited sealed proposals for the exclusive right to provide professional tennis management and operations services for the two Tennis Centers, pro shops, and related facilities; and WHEREAS, on August 24, 2001, 11 responsive proposals were received from professional individuals/firms to manage and operate the Flamingo and/or North Shore Park Tennis Centers; and WHEREAS, On November 15, 2001, an Evaluation Committee appointed by the City Manager held its initial meeting and discussed the following: Cone of Silence Ordinance; Government in the Sunshine Law; RFP requirements; project overview; evaluation criteria; results of reference checks; conflicts of interest; and shortlisting of firms; and WHEREAS, the Committee evaluated and scored each proposal and decided that the top six ranked firms should be invited to give oral presentations and question and answer sessions; and WHEREAS, on November 30, 2001, the Committee convened and listened to 15- minute oral presentations from each of the six (6) firms; and WHEREAS, the Committee then deliberated and scored the firms as follows: (1) Green Square and Richard Johnston, Inc. (tied); (2) DM Tennis; (3) Mark Townsend; (4) Tennis Management; (5) Patricio Apey; and WHEREAS, inasmuch as there was a tie between Green Square and Richard Johnston, the Committee discussed various options for breaking the tie, and decided that the firm with the most first place votes should be the top ranked firm; Green Square had four (4) first place votes, and Richard Johnston had two (2) first place votes; and WHEREAS, the Committee's final recommendation relative to the ranking of firms is as follows: Flamingo Park Tennis Center: Green Square Top Ranked Richard Johnston Second Ranked North Shore Tennis Center: Richard Johnston Top Ranked DM Tennis Second Ranked; and 2 WHEREAS, based on the extensive experience and qualifications of Green Square's key staff, as well as the various programs and services that will benefit the citizens of Miami Beach, it is the City Manager's recommendation that the Mayor and City Commission authorize the Administration to enter into negotiations with Green Square to manage and operate the Flamingo Park Tennis Center; and WHEREAS, additionally, the City Manager recommends that the City Commission -reject all proposals received relative to the North Shore Tennis Center due to renovations and construction commencing in February/March 2002. NOW THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, THAT THE MAYOR AND CITY COMMISSION accept, in part, the recommendation of the City Manager pertaining to the proposals received in response to Request for Proposals (RFP) No. 8- 00/01, for comprehensive professional tennis management and operations services at the City's Flamingo and North Shore Park Tennis Centers; authorizing the Administration to enter into negotiations with the top ranked firm of Green Square, Inc., to manage and operate the Flamingo Park Tennis Center; and authorizing the Administration to negotiate with the proposer, Richard Johnston, to manage and operate the North Shore Park Tennis Center. PASSED and ADOPTED this �h day of Jrewze / , 2002. ATTEST: : i INCORP ORATED_: I PPROVED A CITY LERI ,,, , A S TO FORM &LANGUAGE 26" &FOR EXECUTION T:\AGENDA\2002\jan0902\REGULAR\Reso Tennis Anyone.doc � ity' torney to 3 CITY OF MIAMI BEACH COMMISSION ITEM SUMMARY Condensed Title: Selection of Green Square to Manage and Operate the Flamingo Park Tennis Center; Authorize the Administration to Enter Into Negotiations with Green Square; and Approve the Rejection of All Proposals for the North Shore Tennis Center. Issue: Shall the Administration be authorized to negotiate with Green Square as the most qualified firm as determined by the Evaluation Committee, to operate the Flamingo Tennis Center, and shall the proposals received for the North Shore Tennis Center be rejected. Item Summary/Recommendation: Based on the extensive experience and qualifications of Green Square's key staff, as well as the various programs and services that will benefit the citizens of Miami Beach, it is the Administration's recommendation that the Mayor and City Commission adopt the attached resolution which authorizes the Administration to enter into negotiations with Green Square to manage and operate the Flamingo Park Tennis Center, and also rejects all proposals received relative to the North Shore Tennis Center. Advisory Board Recommendation: Parks and Recreational Facilities Board; Finance/Citywide Projects Committee; and Community Affairs Committee review, modification and approval of RFP. Financial Information: Amount to be expended: Source of Amount Account Approved Funds: 1 2 3 4 Finance Dept. Total Sign-Offs: Department Director Assistant 'ty Manager City Ma ager GL KS RM Gus Lopez (GL) a iddaugh (RM) Kevin Smith (KS) F:I CMGRIAGENDA120021JAN09021REGULARISummaryTennisAnyone.doc AGENDA ITEM R7D DATE /f OO�- CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH,FLORIDA 33139 www.ci.miami-beach.fl.us COMMISSION MEMORANDUM To: Mayor David Dermer and Date: January 9, 2002 Members of the City Commission From: Jorge M. Gonzalez City Manager Subject: A RESOLU ON OF THE MAYOR AND CITY COM ION OF THE CITY OF MIAMI BEACH, FLORIDA,ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER PERTAINING TO THE PROPOSALS RECEIVED IN RESPONSE TO REQUEST FOR PROPOSALS(RFP) NO.8- 00/01, FOR COMPREHENSIVE PROFESSIONAL TENNIS MANAGEMENT AND OPERATIONS SERVICES AT THE CITY'S FLAMINGO AND NORTH SHORE PARK TENNIS CENTERS; AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH THE TOP RANKED FIRM OF GREEN SQUARE, INC., TO MANAGE AND OPERATE THE FLAMINGO PARK TENNIS CENTER; AND APPROVING THE REJECTION OF ALL PROPOSALS RECEIVED RELATING TO THE NORTH SHORE PARK TENNIS CENTER. ADMINISTRATION RECOMMENDATION Adopt the Resolution. ANALYSIS As a result of concerns expressed about the operation of the City's Tennis Centers, the administration undertook the development of an RFP for management of the two Tennis Centers. In developing and refining the RFP, the administration met with the following to review the document and to receive input. On March 7, 2001, the residents' recommendation was discussed by the'members of the Parks and Recreational Facilities Board ("the Board"). The Board concurred with the residents' recommendation. On April 9, 2001, a meeting was held with the City Manager and the residents tennis group to discuss the Tennis Center operations at Flamingo Park. At this meeting, the residents were provided with a draft copy of the proposed scope of service, and asked to review said scope of services and provide the Administration with their comments. On April 10, 2001, the Parks and Recreational Facilities Board members were also provided with a copy of the scope of services, and were requested to review and make comments. On April 18, 2001, the Mayor and Members of the City Commission referred the issuance of the RFP to a joint meeting of the Community Affairs Committee and the Finance and Citywide Projects Committee. Commission Memorandum Tennis RFP January 9, 2002 Page 2 of 8 On May 14, 2001,a joint meeting of the Community Affairs and Finance Citywide Projects Committees was held which resulted in the joint Committees recommending the issuance of the RFP. The Mayor and City Commission at its May 16, 2001 meeting accepted the Committees' recommendation. On June 8, 2001, the RFP was issued with a due date for submission of proposals of July 17, 2001. The RFP was forwarded to DemandStar by Onvia to issue notices to all prospective professional tennis management and operations individuals/firms. Additionally, the Procurement Division in an attempt to maximize the number of responses, supplemented DemandStar's mailing list, and advertised said RFP in the Miami Herald, Daily Business Review, and Florida Tennis Magazine. During the RFP review process, several concerns were also raised about the current management structure and agreements to manage the Tennis Centers. At the May 14, 2001 joint meeting of the Finance and Community Affairs Committees, several changes to the agreements were endorsed by the Committees that have been subsequently incorporated by the administration. Among the issues raised and addressed were the flow and City control of Tennis Center revenues and defining a specific share of lesson revenues between the City and the Tennis Center operators. RFP OVERVIEW The City solicited sealed proposals for the exclusive right to provide professional tennis management and operations services for the two City of Miami Beach Tennis Centers, Pro Shops, and related facilities currently owned by the City. The Flamingo Park Tennis Center is located at 11th Street and Jefferson Avenue and the North Shore Park Tennis Center is located at 350 73rd Street. Proposals were allowed to be submitted for the management and operations services of both tennis centers or a single center. The Flamingo Park Tennis Center is currently a moderate quality 19 clay court regulation- size facility including the Holtz Stadium, office, pro shop and locker rooms. North Shore Park Tennis Center is currently a moderate quality 15 court (6 clay + 9 hard surface) regulation size facility including an office, pro shop and locker rooms. Plans to renovate both Tennis Centers are currently in process. The schedule at this time anticipates the North Shore Tennis Center closing for construction in the spring of 2001. The renovations for the North Shore Tennis Center include a new pro shop/locker rooms, reconstruction of 12 courts (10 clay/HydroGrid system courts and 2 hard surface), new lighting, fencing and support facilities. At this time it is projected that it will take approximately 12 months for this work. Commission Memorandum Tennis RFP January 9, 2002 Page 3 of 8 The current contract for construction of the North Shore Center only includes funding for 8 tennis courts. While additional CDBG funds were recently appropriated by Commission and could be used to allow the additional 4 courts to be built, the Commission will need to provide that direction at an upcoming C.I.P. workshop, scheduled for January 14th, 2002. The Flamingo Tennis Center will undergo renovations as soon as the North Shore Tennis Center is reopened. Improvements at the Flamingo Tennis Center at this time include the reconstruction of 17 courts (15 clay/HydroGrid system courts and 2 hard surface), new fencing, landscaping, and lighting. No final scope of construction or time line has been finalized for the Flamingo Tennis Center at this time. INTENT OF RFP In soliciting proposals, it is the intent of the City of Miami Beach to provide high-quality, affordable tennis services to the resident population, to meet the demands of its hotel community for access to high quality tennis facilities within Miami Beach and to progressively upgrade service at the tennis facilities. The award will be made to the most qualified proposer who will, as determined by the Mayor and City Commission, operate, maintain and provide the quality level of service for the tennis centers and related facilities that is in the best interest of both the City and the public. The City solicited proposals from tennis center management firms and/or individuals to provide tennis instruction, maintenance and management at the City's two (2)tennis centers located at Flamingo Park 11 th Street and Jefferson Avenue and North Shore Park located at 350 73rd Street. Proposers were required to be a certified Tennis Professional by USPTA, and/or USPTR, 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. RFP PROCESS On June 29, 2001, a pre-proposal conference was held with all prospective proposers. At the pre-proposal conference, numerous requests for additional information and clarification were received. As a result, Addendum No. 1 was issued to extend the deadline for receipt of proposals from July 17, 2001 to August 10, 2001 (see Attachment 1). On August 2, 2001, Addendum No. 2 was issued to all firms and individuals that had received a copy of the RFP. Said addendum provided answers to more than 50 questions, and also provided clarification and additional information as requested by prospective proposers (see Attachment 2). As a result of the voluminous additional information, the deadline for receipt of proposals was extended to August 24, 2001. On August 24, 2001, the City received 11 responsive proposals from professional individuals/firms to manage and operate the Flamingo and/or North Shore Tennis Centers. Commission Memorandum Tennis RFP January 9, 2002 Page 4 of 8 EVALUATION COMMITTEE On October 12, 2001, Letter to Commission (LTC) No. 231, appointed the following Evaluation Committee members: • Larry Herrup, CPA, Committee Chair, Miami Beach Resident, and Member of the Budget Advisory Committee. • Alkareem Azim, Executive Director of the Miami Beach Police Athletic League and Miami Beach Police Officer. • Tim Byrnes, Regional Manager, Miami-Dade County Parks and Recreation Department. • Dona Fales, Executive Director of the Greater Miami Tennis Foundation. • Leonore Fernandez, Miami Beach Resident. • Ramiro Inguanzo, Chief of Staff, City Manager's Office. • Kathleen O'Neil, Miami Beach Resident Alternates: • Terry Griffin, Assistant Director of Parks and Recreation, City of Miami. • Michael Hannau, Miami Beach Resident. COMMITTEE PROCESS On November 15, 2001, the Evaluation Committee ("the Committee") held its initial meeting and discussed the following: • Cone of Silence Ordinance; • Government in the Sunshine Law; • RFP Requirements; • Project Overview; • Evaluation Criteria; • Results of Reference Checks; • Conflict of Interest; and • Shortlisting of firms. During the Committee discussion of the results of reference checks, Ms. Dona Fales stated that her non-profit organization currently employs one of the individuals (Ms. Kim Sands) who responded to the RFP. The Procurement Director asked for a recess of the Committee meeting, and requested advice from the City Attorney's Office. The City Attorney's Office advised that Ms. Fales has a conflict of interest and should therefore recuse herself from the Committee. The Committee meeting re-convened and Ms. Fales informed everyone that she was recusing herself from the process. Commission Memorandum Tennis RFP January 9, 2002 Page 5 of 8 The Committee set the following dates for future Committee meetings: 1) shortlisting of firms on November 26, 2001; and 2) oral presentations, questions and answers, and recommendations on November 30, 2001. The scheduled dates resulted in Committee member Ramiro Inguanzo not being able to participate as a result of schedule conflicts. Mr. Inguanzo could not be replaced by another staff member and Ms.Fales was replaced by the approved alternate, Terry Griffin. On November 26, 2001, the Committee discussed each proposal in detail and asked questions of staff, and the Chair as advised by the City Attorney's Office, exercised his discretion and allowed for public comment. The Committee then proceeded to assign a score to each firm based on the evaluation criteria as enumerated in the RFP: 1. The proposer's qualifications and experience in the management, operations, and maintenance of a tennis center of similar quality, facilities and amenities of the Flamingo or North Shore Tennis Centers ( 20 POINTS). 2. The qualifications and experience of the proposer's personnel that will be assigned to the Tennis Centers (15 POINTS). 3. Proposer's references documenting successful prior performance in providing similar services as contained in the Scope of Services Section of this RFP (15 POINTS). 4. Minimum monthly rental and percentage of payments based on gross monthly sales (20 POINTS). 5. Financial Capability (10 POINTS). 6. Proposed operational plan and service delivery approach (20 POINTS). Using the aforementioned evaluation criteria, the Committee evaluated and scored each proposal as follows: 1. Richard Johnston, Inc. 514 2. Green Square, Inc. 470 3. DM Tennis 424 4. Tennis Management 374 5. Mark Townsend 369 6. Patricio Apey 348 7. SAAD Tennis 329 8. Daley & Associates 329 9. Arcadier 319 10.McDonald Group 314 11.Kim Sands 265 Commission Memorandum Tennis RFP January 9, 2002 Page 6 of 8 The Committee decided that the top six ranked firms should be invited to round 2 -- oral presentations and question and answer sessions. On November 30, 2001, the Committee convened and listened to 15-minute oral presentations from each firm, and participated in a 15-minute question and answer session with each firm. Prior to the Committee vote, the Chair allowed for public comment. The Committee then deliberated and scored the firms as follows: Green Square 499 Richard Johnston, Inc. 499 DM Tennis 481 Mark Townsend 376 Tennis Management 371 Patricio Apey 270 Inasmuch as there was a tie between Green Square and Richard Johnston, the Committee discussed various options for breaking the tie, and decided that the firm with the most first place votes should be the top ranked firm. Green Square had four (4)first place votes, and Richard Johnston had two (2) first place votes. Since the RFP allowed for firms to submit proposals for one or both tennis centers, and Green Square only submitted a proposal for the Flamingo Park Tennis Center, the Committee's recommendation relative to the ranking of firms is as follows: Flamingo Park Tennis Center: Green Square Top Ranked Richard Johnston Second Ranked North Shore Tennis Center: Richard Johnston Top Ranked DM Tennis Second Ranked With Green Square not offering a proposal for the North Shore Center, Richard Johnson and DM Tennis were the resulting first and second ranked proposers. The City Manager was provided with the Committee's recommendation and as part of his review of the Committee's recommendations requested that the following information be furnished from the top three firms, prior to his recommendation to the Mayor and City Commission: • A three-year detailed cash flow analysis showing all cash receipts and disbursements by month. Commission Memorandum Tennis RFP January 9, 2002 Page 7 of 8 • An explanation of any negative cash flow with support documents detailing where the cash would come from to offset negative cash flow. Support documents must include letters from the lending party or party who will contribute the funds indicating their willingness to do so; • A proposed fee schedule for the various programs that were proposed; and • How will each firm or proposed team operate during the period time that each center is under construction? Firms were asked to provide requested information by Friday, December 14, 2001. All three firms submitted the requested information by the due date. The additional information provided by the top three firms were reviewed by the City's Administrative staff and recommendations were made to the City Manager. The City Manager reviewed the proposals from the top three firms, the Evaluation Committee recommendation, the additional information provided, and the video-taped presentations, and recommends Green Square as the most qualified firm to manage and operate the t Flamingo Tennis Center. As it relates to the North Shore Tennis Center, the City Manager determined that it was in the City's proposals s best interest to reject all received since the North Shore Tennis Center will be closed for approximately one year for renovations commencing in February/March 2002. Additionally, the firms being considered for the North Shore Tennis Center failed to provide documentation from a lending party to offset the negative cash flow at the inception of the contract (e.g. first 12 months no cash flow due to closure of North Shore facility), and how will their proposed team operate during the period time that the facility is under construction. When the proforma was reviewed, it also did not adequately address all expenses, which caused concern about the financial stability of the proposal. The rejection of the North Shore proposals will also allow the City to appropriately address tennis services for the construction period for both Flamingo and the North Shore Centers. The proposal for continuing tennis operations for Flamingo during its construction period anticipated use of several different neighborhood venues. Staff assessment is that this proposal will be problematic. A better course that they can follow will be to have the Flamingo tennis operations performed at the North Shore Center upon it's completion and then returned to Flamingo when the center is completed. When both centers are completed, approximately late 2003, the City can then reassess how to provide tennis services at North Shore. At that point the City can request proposals for contracted operations and will also have the operational knowledge and experience from the Greensquare contract as background. Commission Memorandum Tennis RFP January 9, 2002 Page 8 of 8 Issues raised during process During the RFP evaluation process and the City Managers subsequent review, several issues were raised by Mr. Harold Rosen representing one of the proposers, Tennis Management (Mr. Howard Orlin principal). In a letter dated November 28, 2001 Mr. Rosen informed the City Manger that at the November 26 Committee meeting, the Chair allowed for members of the public to make comments that adversely affected his client. Mr. Rosen's concerns were forwarded to the City Attorney's Office for legal advice. Mr. Rosen met with Attorneys Raul Aguila and Jean Olin relative to his concerns. In the opinion of the City Attorney's Office, since the Committee's meeting is a duly noticed public meeting, the Chair of the Committee may exercise his/her discretion relative to public comment. The Chair, Mr. Larry Herrup, acted within his discretion to allow public comment. Mr. Rosen submitted a second letter to the City Manger on December 26, 2001 expressing nine points of concern with the RFP process. The staff response to this letter will be provided as a supplement prior to the Commission Meeting. A majority of the nine points raised were deemed to be of no consequence and none of the points raised were deemed to be of sufficient concern to warrant the entire process being voided. Both Mr. Rosen's November 28 and December 26 letters are attached. Based on the extensive experience and qualifications of Green Square's key staff, as well as the various programs and services that will benefit the citizens of Miami Beach, it is the Administration's recommendation that the Mayor and City Commission adopt the attached resolution which authorizes the Administration to enter into negotiations with Green Square to manage and operate the Flamingo Park Tennis Center, and also rejects all proposals received relative to the North Shore Tennis Center. :RM:KS:GL C M G R\AG E N DA\20021)AN 0 90218 E G U LAR\Te n n i sAn yo n e 1.d o c REQUIREMENTS AND SERVICES TO BE PROVIDED (Attach. 1) The selected proposer is expected to provide the public with tennis services at the Tennis Center facilities. The selected proposer may provide related services as approved by the City. All services and incidental goods provided, together with their price, and hours of operation, must have the prior approval of the City. Such services, fees and charges may be modified only by written request of the selected proposer to the City and approval by the City Manager. Such approval shall be in writing at least 30 days prior to implementation of the modification. The responsibility for securing and providing security for any equipment, supplies or resale items, including office decorations, and displays, will rest with the selected proposer and the City of Miami Beach will not accept any responsibility for the proposer's equipment or supplies or resale items. TENNIS INSTRUCTION AND.RELATED SERVICES Proposers must furnish good, prompt and efficient service, adequate to meet all reasonable demands, including established minimum schedule and hours of operation for tennis patrons, subject to the approval of the City. Minimum service levels will be: Provide an operation that will be safe, customer oriented with prompt service, complaint resolution, effective employee performance and training and timely initiation and completion of all work. Require background investigation for all pros, assistants and staff. Provide and promote instruction and lessons in the game of tennis by certified tennis professionals to individuals, groups and clinics. Said service shall offer the tennis patron a choice of instructor level and hourly fee commensurate with the instructor's level. Said fee and instructor levels will be negotiated and agreed upon between the City and the selected proposer. Such instruction will be defined at minimum as: • Individual lesson - shall be shared with up to 3 tennis patrons. • Group lesson - shall be shared with up to 5 tennis patrons. • Clinics - shall be groups of no less than 4 and no more that 8 tennis patrons per instructor. Fees for the various levels and types of instruction to be conducted will either be for a fee or free of charge, depending on mutual advance agreement of the Tennis Pro and the City. Coach existing tennis teams and/or team sanctioned and approved by the City. Such services may be provided for a coaching fee or free, depending on mutual advance agreement of the City. Offer demonstrations of aspects of the game of tennis in promotion of the Center. Such instruction will be defined as a demonstration. Such demonstrations may be either for a fee or free of charge, depending on mutual advance agreement of the City. Establishment, operation and tabulation 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 at each center, teams will play in a league with other Miami Beach or Miami-Dade County Tennis Facilities. 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. Advise the City of schedules of clinics, tournaments, and seminars on tennis, tennis merchandising, tennis management and other professional information. Provide Seasonal (six to eight classes, each fall, winter, spring, and summer) group clinics at low cost (a per lesson fee for six to eight lessons to be negotiated and approved in advance by the City) to the community. The selected proposer and employees shall be distinctively uniformed or appropriately attired so as to be distinguishable as the proposer. The selected proposer shall take good care of facilities and shall use the same in a careful manner and shall at its own cost and expense repair City property and facilities damaged by its operations under this Agreement. In addition to professional tennis instructions the scope of services required of the proposer under terms of the agreement will also include but not necessarily be limited to: 1. Overall Tennis Centers Management in accordance with City policy, directives and established policies. a. Tennis court reservation services b. Facility/ court monitoring c. Tennis lessons reservations d. Food and beverage service (if applicable) e. Pro shop operations f. Courts /grounds/ buildings maintenance to City specifications g. Booking of local, regional and state tennis tournaments h. Marketing, promotion and advertising of the City's Tennis Centers to residents, day guests and Miami Beach hotels. i. Must provide summer and specialty camps based on full day Recreational Division Camp format. j. Must adhere to all City of Miami Beach established tennis center rules (to be jointly developed by the City and selected proposer.) k. Tennis professionals must posses and maintain an occupational license. 2. Collection and accounting of all revenues. 3. Payment and accounting of all expenses in a timely manner. 4. Formulation and implementation of operating programs, business plans, and budgets. 5. Handling of personnel including employment, (including certified background investigations), training, and terminations. 6. Preparation of monthly and annual financial operating statements in a format acceptable to the City. 7. Operate the facility in accordance with a City of Miami Beach Tennis Centers Policy Manual to be jointly prepared by the selected proposer and the City. At minimum comply with the existing facility and courts maintenance standards as delineated in the attached Tennis Centers Maintenance Specifications. When the courts are renovated, selected proposer will negotiate and mutually agree to Tennis Centers' maintenance specifications for the new courts. 8. The City retains responsibility for the following: 1. Administration of all terms and conditions of the Agreement. 2. Approve all fees and other principal tennis center operating policies prior to implementation. 3. Approval in advance of any alterations to existing facilities. 4. Approval of all tennis tournaments. 5. Approval of time(s) and the number of tennis courts to be used by the tennis professionals for tennis instructions on a daily basis. Attach. 1 Proposal Summary/Attach. 2 PROGRAMS: The Bollettieri (Green Square, Inc.) proposal stated that they will pay the greater of the two to the City as part of a revenue sharing proposal; Gross Revenues Percentage of Revenues $500,000 or less 10% + $500,000 to $1 million 15% + $1 million 18% or a minimum monthly fee of$4,000 for the Flamingo Park tennis center. The Bollettieri Tennis System is based on a universal philosophy that every individual is unique. No two individuals think or act the same. As a result, each student is trained through a custom made program that is specifically designed to highlight their strengths as weapons and improve their weaknesses to eliminate vulnerability. By collaborating with many different coaches and top players over the years, Nick Bollettieri has developed a system that any player could benefit from. For years, Bollettieri programs were primarily used to train world class players, but now the system has been broken down and simplified to work for any level, juniors and adults alike. This style of teaching requires the instructors to be well rounded in all aspects of the game. All of Green Square's Tennis Professionals are trained under the Bollettieri system. Also, they must all have the playing ability to demonstrate and communicate every different style of strokes and types of games. JUNIOR AFTER SCHOOL Programs (ages 9-18, M-TH, 3:30-7:30) The junior after school programs will offer kids the opportunity to learn all aspects of the game such as: stroke technique, footwork, mental and physical toughness, strategy, match play and court awareness. As mentioned before, the emphasis of the junior program will be on developing weapons and improving weaknesses. Even the professional players in today's game are judged based on their weapons since they all have very few weaknesses to begin with. This style of teaching, which was inspired by the many champions that came out of the Bollettieri Academy, will be offered to juniors of Flamingo Park. Green Square will give the Miami Beach community an opportunity to experience what the best players in the world has. All classes will include the latest teaching techniques and equipment. i TINY TOTS PROGRAM (ages 5-8, M-Th, 2:30-3:30) The objectives of the Tiny Tots program is to first introduce the child to tennis and exercise. Then Green Square will teach them basic tennis skills such as grips, strokes and basic footwork. But most importantly- make it fun! Green Square's goal is to give them a basic foundation to the game of tennis and create a spark so the child wants to continue (not the parent) to the next level. ADULT PROGRAMS Lady's clinics will be available on Mondays and Wednesdays from 9:30 a.m. to 11:00 a.m.. Classes will include live ball warm-ups, stroke production drills, simulated games and doubles match play. Clinics will focus on basic fundamentals and are available to all levels. Men's clinics will be offered on Thursday evenings from 7:00 p.m. to 8:30 p.m. These classes will include much the same as the ladies clinics with more emphasis on match play and games. Women's league practices will be held on Mondays & Wednesdays and Tuesdays & Thursdays for A and B/C teams respectively). Practice sessions will include everything that the clinics have with greater emphasis on doubles match play and strategy. Men's league practices will mainly be an organized singles and doubles Round Robins. Practices will be held on Saturdays from 1:00 p.m. to 3:00 p.m. Players are not required to be on the team. Day care will be available in the mornings to accommodate the ladies' clinics and the women's league practices. SUMMER MINI-CAMPS Before there was a Nick Bollettieri Tennis Academy, there used to be many Nick Bollettieri Tennis Camps all over the world. The longest and the most successful of the camps was the Nick Bollettieri Tennis Camp at Deerfield, MA. The Tennis Camp Director for the last 15 years of its existence was James Bollettieri. James Bollettieri will be running all the summer and mini camps at Flamingo Park. He will implement the identical programs he used at the Deerfield camp. All summer camp programs will be identical to the programs offered at the Bollettieri Academy. Programs include drilling, live ball drills, mental toughness sessions, video analysis, weight training, other sports and plenty of fun (non-sports related) activities. TOURNAMENTS This is one of the key elements to the success of Flamingo Park. Green Square's short- term goal is to bring in USTA sanction tournaments at least six times a year. To attract top players to Flamingo Park, we will try and get tournaments with at least a super series rating. Green Square's long-term goal is to try and get a National or a World Junior event like the Jr. Orange Bowl. In addition, Green Square will also establish an annual Exhibition Pro Tournament or a Pro Celebrity/Model tournament. All tournaments would be scheduled with the full consideration of the residents and City of Miami Beach. SOCIAL ACTIVITIES A variety of activities will be designed primarily for the enjoyment of residence and members such as: A. Friday night round robins. B. Tennis birthday parties. C. Free beginner clinics. D. Challenge courts. E. A tennis network website. A. Friday night round robins will be scheduled from 7 p.m. to 9 p.m. The evenings will include music, food, beverage, tennis balls, rackets and lots of fun doubles play. B. Tennis Birthday parties where first thought up as a great way for tennis kids to celebrate their birthdays while doing something they enjoy. Adults can also enjoy organized tennis parties. Green Square will supply all the tennis equipment and organize the party. C. Green Square understands that most people will not start something new in their lives unless they have an incentive. Green Square will give residents the incentive by not charging them for introducing them to a new game. Free beginner clinics will be offered on a weekly basis. D. Green Square will provide people with courts (depending on the demand) solely for challenge matches. Initially, we will start the program by having a pro available to play with the members. E. For those who do have the time to call others for matches, Green Square will provide them with a network of players via the Internet. COMMUNITY SERVICE PROGRAMS Because the City has some residents who may not be able to afford to take tennis lessons, there will be a variety of programs that will be designed to benefit those residents. Programs such as free clinics for children, the handicapped, and senior citizens. In addition, scholarships will also be available. Nick Bollettieri stated that he has provided in the past 10 years more than $200,000 in scholarships to Miami Beach children. And he is currently working with Governor Bush to bring more scholarship funds to each high school in the State of Florida. INNOVATIONS Nick Bollettieri was one of the first to incorporate fitness programs into the players' regular tennis training. The Bollettieri Academy is famous for innovations. As part of Green Square's programs, all participants of will get the special opportunity to experience the same world- class training like the Bollettieri Tennis Academy. SUPPLEMENTAL PROGRAMS To accommodate all the travelers visiting Miami Beach, day, week and weekend programs will be available. Programs will include morning drill sessions, video analysis, mental toughness sessions (classroom) and match play. Because kids are so diversified these days and are easily bored, a variety of sport programs will be incorporated into the regular tennis program. Kids will get the opportunity to play other sports during match play sessions if they choose. All the sports offered are chosen specifically as cross-training for tennis (i.e. golf and basketball). As a supplement to the Tiny Tots Program, one-hour clinics will be made available for the parents who are waiting for their children to finish. It will not be a requirement to have a child in the Tiny Tots program to participate. A professional day care service will be available during mornings and early afternoons to accommodate parents who are participating in programs. EXPERIENCE AND QUALIFICATIONS OF GREEN SQUARE'S TEAM Nick Bollettieri will be the Center's Chief Tennis Advisor. As such Mr. Bollettieri will be available to assist management of Green Square in all aspects of operating, managing and marketing the Center. Mr. Bollettieri is President and the founder of Bollettieri Academy, regarded by many as the preeminent tennis academy in the world. He has coached and/or trained many of the world's top tennis professionals including Andre Agassi, Martina Hingis, Boris Becker, Mary Pierce, Jim Courier and Venus and Serena Williams. Mr. Bollettieri has authored numerous books, magazine articles, videos and audio CD's on tennis and motivational subjects. Most recent awards and recognitions include being named by Tennis magazine in 2000 as the 16th (out of 50) most influential person in tennis, receiving the International Tennis Hall of Fame Tennis Educational Merit Award in 1999, being named by The Sporting Life magazine in 1999 as the 19th (out of 25) most influential person in tennis in the past century and being named the United States Olympic Committee National Coach of the Year for Tennis in 1999. Mr. Bollettieri is a resident of Bradenton, Florida. James T. Bollettieri will be the Center's Tennis Director. As such Mr. Bollettieri will be responsible for designing and coordinating the various programs to be offered, establishing the training regiment for each program and overseeing maintenance of the Center. From 1989 to present, Mr. Bollettieri has offered private lessons, group lessons and clinics as well as coached students competing at amateur, tournament and professional levels. In addition, from 1970 to 2000, he has been a staff member of Bollettieri Academy, the preeminent tennis academy in the world. From 1999 to 2000, Mr. Bollettieri was the Student Services Activity Coordinator at Bollettieri Academy's facility in Bradenton, Florida. From 1980 to 1998, Mr. Bollettieri was Director of IMG N.B.S.A Camps, with operational responsibility for the summer camp program at Bollettieri Academy's facility in Deerfield, Massachusetts (1980-1989), and Mount Holyhoke, Massachusetts (1990-1998). In addition, from 1986 to 1989, he was one of two Bollettieri Academy traveling team coach, training and coaching Bollettieri Academy's players on the ATP Tour, including Jim Courier, David Wheaton, Mark Knowles, Chris Garner and others. By virtue of his experience as Director of IMG N.B.S.A Camps, Mr. Bollettieri has over 10 years of experience maintaining both clay (red and Hard True) and hard surface tennis courts. He received a Bachelor of Arts degree in Fine Arts from the University of Miami, Coral Gables, Florida, in 1984. Mr. Bollettieri is a resident of Miami Beach, Florida. Thomas Jo Mar will be the Center's Operations Director. Mr. Mar will be responsible for overall administration and management of the Center, hiring and supervising all personnel, including tennis personnel, and designing and implementing the Center's marketing and promotion campaigns. From December 1999 to present, Mr. Mar has been a Financial Advisor with AXA Advisors in connection with which he recommends, offers, implements and manages a variety of financial products for clients, including securities, life insurance, annuities and financial plans. From December 1999 to present, he has also served as an independent tennis profession assistant offering private lessons, group lessons and clinics to private students. From 1993 to December 1999, Mr. Mar was the Head Pro and Jr. Tennis Programs Director at the Michael Ann Russell JCC, North Miami Beach, Florida, where he directed, designed, implemented and supervised junior tennis programs attended by over 50 children daily, supervised a staff of 10 tennis professionals and conducted private lessons, group lessons and tennis clinics. From 1990 to 1993, he was Head Pro at Montana Tennis Club, Kendall, Florida, where he directed the club's tennis program, coordinated and conducted clinics, lessons, tournaments, club socials, singles and doubles leagues and round robins, supervised a staff of 4 tennis professionals, was responsible for maintenance of the tennis facility and developed and implemented promotional programs for the club. From 1985 to 1990, Mr. Mar was a co-owner of James Thomas Advertising, San Jose, California, in connection with which he served as account executive for all clients, was responsible for the agency's marketing activities including presentations for potential clients and created advertising campaigns and coordinated projects with the agency's art director. From 1983 to 1985, he was Assistant Head Pro at Decathlon Club, Santa Clara, California, where he conducted private lessons, group lessons and tennis clinics and assisted in summer camps and mini-camps with juniors. From 1976 to 1983 Mr. Mar was Tennis Fitness Director and a Tennis Pro at the Bollettieri Academy in Bradenton, Florida, in connection with which he was responsible for designing, initiating and implementing fitness programs for tennis, served as an associate tennis pro conducting private lessons, group lessons and tennis clinics and was the personal tennis fitness trainer for Jimmy Arias, Mike De Palmer Jr., Paul Anacone, Carling Bassett and others. He received a Bachelor of Science degree in Marketing, and Bachelor of Arts degree in Advertising, from San Jose State University, San Jose, California, in 1979 and 1985, respectively. Mr. Mar is a resident of Miami, Florida. Gregory Se Yocum will be the Center's Head Tennis Professional. As such, Mr. Yocum will be responsible for administering the Center's tennis program, coordinating and conducting clinics, lessons, tournaments, socials, singles and doubles leagues and round robins. From January 2000 to present, he has been Assistant Tennis Professional at The Jockey Club, North Miami, Florida, with responsibility for Assistant Director of Tennis with responsibility for all tennis club functions, conducting group and private lessons, assisting in summer camp with children 8-16 years old and coordinating monthly round-robin tournaments. From July 1998 to July 1999, Mr. Yocum was Director of Tennis at Horseshoe bend Country Club, Roswell, Georgia, where he directed the tennis program for the exclusive private country club in suburban Atlanta, administered a highly successful junior program attended by over 50 children daily, arranged tennis socials for members, managed the club's pro shop and was responsible for the maintenance of clay courts. From February 1994 to July 1998, he served as Director of Tennis for the Fontainebleau Hilton Resort, Miami Beach, Florida, during which time he directed the resort's tennis program, coordinated and conducted clinics, lessons, tournaments, club socials, singles and doubles leagues and round robins, purchased merchandise for pro shop and organized and coordinated tournaments for numerous conventions such as IBM, Sony, and Coca-Cola. From September 1991 to January 1994, Mr. Yocum was Assistant Director at Bollettieri Chang Tennis Center, Middleton, Massachusetts, where he was involved in all aspects of the center's operation including private and group lessons for all levels of play and age groups and served as junior team coach. From May to August in 1990 to 1992, he was as a private tennis coach in Turino, Italy, at which time he coached one of the top Italian junior players, Nicola Bolaffi, which involved extensive travel throughout Europe while fulfilling coaching responsibilities. He received a Bachelor of Arts degree with a major in Communications and Journalism/Public, and a Minor in Business, from Shippensburg University of Pennsylvania, Shippensburg, Pennsylvania in 1990. Mr. Yocum is a resident of Miami Beach, Florida. Attach. 2 HAROLDROSEN ROBERT L SWITKES 407 LINCOLN ROAD NEIL H. LEVINSON PENTHOUSE SOUTHEAST CARLOS D. CABRERA MIAMI BEACH, FLORIDA 33139-3008 TELEPHONE (305) 534-4757 SPECIAL CONSULTANT TELEFAX (305) 538-5504 HOWARD GROSS EMAIL mall @rosenandswltkes.com NOT A MEMBER OF THE FLORIDA BAR November 28, 2001 Mr. Jorge Gonzalez City Manager City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 RE: TEAWS MANAGEMENT SELECTION COMMITTEE MEETING OF NOVEMBER 26, 2001 Dear Mr. Manager: "Finis Origine Pendet, the end hangs on the beginning." This shall serve -to inform you what transpired at the meeting of the Tennis Management Selection Committee of November 26, 2001, in which the Selection Committee was supposed to cull the list of responses to the RFP regarding Tennis Management Selection. A serious violation took place at this meeting. The Chairman allowed members of the public to taint the process. He should not have allowed anyone to speak in favor or against any aspect of the current, past or future tennis centers. These speakers have been vocal as to their criticism of the current tennis pro at previous meetings. They have an ax to grind and have repeated their outrageous and unfair mischaracterization of Howard Orlin, who has been at Flamingo Park for the past two (2) decades. Mr. Orlin has hundreds**of supporters, and he has not asked one to appear on his behalf. To do so, at this time, would be a violation of the cone of silence ordinance. r I am requesting that the administration address what took place, and correct the situation, so that, all bidders that presented their credentials be given the same fair evaluation without anyone speaking to any of the selection committee members privately or publicly during their deliberations. Anything else should be unacceptable. I believe that this Committee has already been influenced by the remarks made this past Monday, November 26, 2001. Thank you for your consideration. I await hearing further,word as to what action has been taken. Oral presentations are scheduled for Friday, Nov ember'30, 2001 and I believe that a correction must be prior to the Friday meeting. Cordially yours, HARO SEN cc: Murray Dubbin, City Attorney Gus Lopez, Procurement Director - r f ,Q HAROLD ROSEN ROBERT L. SWITKES 407 LINCOLN ROAD NEIL H. LEVINSON PENTHOUSE SOUTHEAST CARLOS D. CABRERA MIAMI BEACH, FLORIDA 33139-3008 TELEPHONE (305) 534-4757 SPECIAL CONSULTANT iELEFAX (305) 538-5504 HOWARD GROSS EMAIL: mail@rosenandswltkes.com NOT A MEMBER OF THE FLORIDA BAR December 26, 2001 t.1L I "Aager V/. %-16� �Jl 1 1141111 L/V�V1j George Gonzalez 1700 Convention Center Drive 4`" Floor Miami Beach, FL 33140 Re: RFPOS-00-1 TEiVIVIS VIANAGEitiIEYVT CO,VTR�4CT Dear Vir. N4ana2er, I represent Tennis Management Services Inc., one of the companies that answered the above RIP. I am not asking you to elevate my clients in this selection. I want to bring to your attention several flaws and possible illegal aspects of the appointment of the selection committee, the manner in which it the selection committee conducted its evaluations and in general the selection committee process that the City is using today. The sole purpose of this letter is to recommend and ask you to void the entire process that was used in selecting the companies for negotiations, re: RFP08-00-1. t he reasons are as follows: 1. There wasn't one member on the,selection committe from the City:administration. 2. There wasn't a member of Miami Beach City parks or Recreation Department on the committee. J. Two of the members were from Dade County and one stated during the process "if the current tennis manager at Flamingo Park was doing a good job, the City would not have sent out an RFP". The other, gave two newspaper reporters his analysis of some of the written proposals as well as his rankings following the first meeting. it 4. Two of the members on the selection committee, in my opinion, should have been conflicted out, as one had a child who had been receiving lessons from one bidder and the other had taken lessons and played tennis with two of the bidders. 5. One of the members gave a twelve to a bidder when the highest score was a ten in a certain category. Thus, the total was incorrect. It was never picked up by anyone. 6. The cone of silence rule was neither published nor noticed as per section 2-486 of the Miami Beach Code. 7. Pursuant to section 2-430 Miami Beach City Code regulations and procedures, the procurement director did not adopt any regulations and procedures, with the written approval of the City Manager. This section mandates the procurement director to adopt regulations and procedures and should be given to the selection committee and/or other committees prior to their meeting so that the said committees would be governed by uniform regulations and procedures. S. During the selection committee meetings, the Chairman allowed people that were there to voice there feelings regarding the bidders. Traditionally, selection committees when convened, only allowed the applicants or their representatives to speak. If this committee was going to allow public comment, it should have been advertised as a public hearing. This selection committee, for this RFP, has set a new precedent where bidders can have people speak on their behalf and have other speakers against competitive bidders during Mlle selection process. 9. We have information from the Florida Department of State, Division of Corporations that Richard Johnson, Inc., a Florida Corporation, one of the finalists, was dissolved on September 21, 2001. Please check this out. Mr. Manager, let your principles for doing the right thing guide you. Don't allow expediency, to drive this unfair, biased and flawed bidding procedure. I would further appreciate to be on the speakers list when this item comes up, I believe, on January 9, 2002. Sincerely, arold Rosen HR/mqm cc: City Clerk City of Miami Beach I