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Greensquare, Inc. AgreementX007- ~~ ~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. USE(S) ................................................................................................... ....7 3.1 Public Tennis Facility .............................................................................. ....7 3.2 Prohibited Activities ................................................................................ ....8 3.3 Food and Beverage ................................................................................ ....8 3.4 Pro Shop Sales ............................................................................ ..10 3.5 Hurricane Evacuation Plan .......................................................... ..10 3.6 City Occupational Licenses .................................................. ..10 4. FINANCIAL REQUIREMENTS ............................................................... ..10 4.1 Performance Bond or Alternative Security ................................... ..10 4.2 Minimum Guarantee .................................................................... ..11 4.3 Sales and Use Tax ..................................................................... ..13 5. MAINTENANCE AND EXAMINATION OF RECORDS .......................... ..13 6. INSPECTION AND AUDIT ..................................................................... ..13 7. TAXES, ASSESSMENTS, AND UTILITIES ........................................... ..14 7.2 Procedure if Ad Valorem Taxes Assessed .................................. ..14 8. EMPLOYEES ......................................................................................... ..15 8.1 Principals ............................................................................................... ..15 8.2 Independent Contractors ............................................................. ..15 8.3 Professional Tennis Instructor Certification ................................. ..15 8.4 Uniforms, Identification &Character ............................................ ..15 8.5 Living Wage Requirements ......................................................... ..16 9. HOURS OF OPERATION & COURT USAGE ........................................ ..16 9.1 Hours of Daily Operations ............................................................ ..16 9.2 Change in Hours of Operation ..................................................... ..16 9.3 Courts Usage ............................................................................... ..16 10. TENNIS FEES, CHARGES AND PROGRAMS & RELATED SERVICES I7 10.1 Prices for Hourly Tennis Fees, Annual Permits and Youth Play.. ..17 10.2 Contractor Professional Tennis Instruction Fees ......................... ..17 10.3 Establishment/ Posting of All Fees .............................................. ..17 10.4 Increased Fees Process .............................................................. ..17 10.5 Initial Programs Offering as Stipulated by Contractor .................. ..17 10.6 Prices for Promotional Events, Clinics and Lessons ................... ..17 10.7 Approval of Printed Materials ....................................................... ..17 11. ALTERATIONS, MAINTENANCE, REPAIRS & SECURITY .................. ..17 11.1 Building Alterations ..................................................................... ..17 11.2 Building(s) and Facilities Maintenance ....................................... ..18 11.3 Courts and Related Facilities Maintenance Standards ................ ..18 11.4 Litter, Garbage and Debris Removal ........................................... ..18 11.5 Equipment ................................................................................... ..19 11.6 Orderly Operation ....................................................................... ..19 11.7 No Dangerous Materials 19 11.8 Security ....................................................................................... ..19 11.9 Inspection ................................................................................... ..20 SECTION TITLE PAGE 12 INSURANCE ................................................................................. ...........20 13 INDEMNITY ................................................................................... ...........21 13.1 City Indemnification ............................................................ ...........21 13.2 City Employee Indemnification ........................................... ...........21 13.3 Misconduct ......................................................................... ...........21 13.4 Subrogation ........................................................................ ...........22 13.5 Force Majeure .................................................................... ...........22 13.6 Labor Dispute ..................................................................... ...........22 13.7 Waiver of Loss From Hazards ............................................ ...........22 14 DEFAULT AND TERMINATION .................................................... ...........23 14.1 Bankruptcy .......................................................................... ...........23 14.2 Default in Payment ............................................................. ...........23 14.3 Non-Monetary Default ........................................................ ...........23 14.4 City's Remedies for Contractor's Default ............................ ...........24 14.5 Termination of Agreement .................................................. ...........24 14.6 Suspension of Agreement Due to Closure of Center .......... ...........24 14.7 Surrender of Center ............................................................ ...........24 15. ASSIGNMENT ............................................................................... ...........25 16. SPECIAL EVENTS ........................................................................ ...........25 16.2 City Special Events ............................................................. ...........26 17. NO IMPROPER USE .................................................................... ...........26 18. NOTICES ...................................................................................... ...........27 19. LAWS ............................................................................................ ...........27 19.1 Compliance ......................................................................... ...........27 19.2 Governing Law .................................................................... ...........27 19.3 Equal Employment Opportunity .......................................... ...........27 19.4 No Discrimination ............................................................... ...........28 20. MISCELLANEOUS ........................................................................ ...........28 20.1 No Partnership .................................................................... ...........28 20.2 Modifications ....................................................................... ...........28 20.3 Complete Agreement .......................................................... ...........28 20.4 Headings ............................................................................ ...........28 20.5 Binding Effect ..................................................................... ...........28 20.6 Clauses ............................................................................... ...........28 20.7 Severability ......................................................................... ...........29 20.8 Right of Entry ...................................................................... ...........29 20.9 Not a Lease ........................................................................ ...........29 20.10 Signage .............................................................................. ...........29 20.11 Conflict of Interest ............................................................... ...........29 20.12 Reasonableness ................................................................. ...........29 20.13 Procedure for Approvals and/or Consents .......................... ...........29 20.14 No Waiver ........................................................................... ..........30 20.15 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'S list of food and beverages to be sold ....... .......41 • "D" Parks and Recreation's Hurricane Plan ................................. .......43 • "E" Parks and Recreation's Approved Fees ................................. .......47 • "F" CONTRACTOR'S Fees & 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 AT THE CITY'S FLAMINGO PARK AND NORTH SHORE TENNIS CENTERS THIS AGREEMENT made the j~th day 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 No.7-06/07, for 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, on January 17, 2007, pursuant to Resolution No.2007-21432, the Mayor and 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 premises and the mutual covenants and 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 the City, 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. 1.1 This Agreement shall be for an initial term of three (3) years, commencing on ~j~~~~~(the "Commencement Date'), and ending on Tj 15~ 2oiQ 1.2 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 be at the City's sole and absolute discretion. In the event of any renewal of this Agreement, the City reserves the right to renegotiate any and all terms contained herein. 1.3 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 and/or 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 same. CONTRACTOR, as a result of the closure of the Flamingo Park Tennis Center, as provided herein, shall upon receipt of notice from 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. 1.4 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: 2.1 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): 2.1.1 That certain City-owned recreational facility commonly known 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 Center's premises are further delineated in Exhibit "A1" (Aerial Map of Center), attached hereto. 2.1.2 That certain City-owned recreational facility commonly known as the North Shore Tennis Center, located at 501 72 Street, Miami Beach, Florida, together with all buildings, improvements and fixtures located thereon. The Center's premises are further delineated in Exhibit "A2" (Aerial Map of Center), attached hereto. 2.2 CONTRACTOR herein accepts the Centers (as well as all buildings, improvements and fixtures thereon) 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. 2.2.1 Prior to the Commencement Date, City and CONTRACTOR shall 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. 2.3 This Agreement is subject to all existing utility lines or facilities, rights of way, and ingress and egress to City-retained areas, and the City's right to replace and/or maintain same, whether or not such matters have been recorded in the Public Records of Miami-Dade County, Florida. This shall include, but not be limited to, any and all underground and aboveground utilities located on 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, or maintenance of utilities that may result in a temporary closure of a court or courts, or any other portion of the Centers. CONTRACTOR reserves the right to cancel or otherwise close all other portions of 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 City-owned or City-authorized utilities located on, under, or over the Centers, caused as a result of CONTRACTOR'S negligence, shall be promptly repaired at CONTRACTOR'S expense. 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: 3.1 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 (to the extent that such concessions do not infringe on the City's 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 and/or business shall be conducted at the Centers without the priorwritten approval 7 of the City Manager or his designee. 3.1.1 The City and CONTRACTOR agree and acknowledge that the public's use 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 that the City's Parks and Recreation programs will have use of two (2) courts 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 request(s)). CONTRACTOR acknowledges that the Centers are public and as such its operation may not restrict, or appear to restrict, access to the general public, or in any way limit the public nature or ambiance of the 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's intent, and CONTRACTOR hereby agrees and acknowledges same, to provide high-quality, 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. 3.2 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 or anything against public policy. There shall be no living quarters 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 appropriate precautions to 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, noise-making device(s), live entertainment, andlor any other activity(ies) on the Centers that are in violation of the City's Noise Ordinance, as some may be amended from time to time. 3.3 Food and Beveraoe Service 3.3.1 The CONTRACTOR may prepare, or cause to be prepared, for sale within City-approved locations within the Centers, such cooked, prepared, and/or prepackaged foods and such non-alcoholic items, as approved by the City Manager or his designee, and which shall not, under any event, conflict with those certain beverages offered by the City's vending machine contractor a list of food and the prohibited items is attached as Exhibit "B", hereto. 3.3.2 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. 3.3.3 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 beverage dispensing facilities shall be approved by the City and shall be 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. 3.3.4 Food and beverage services shall be offered to patrons at all times during CONTRACTOR'S hours of 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. 3.3.5 At least one supervisory employee of CONTRACTOR must possess a Food 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. 3.3.6 The City Manager or his designe Centers but only for Special Even upon CONTRACTOR obtaining t purposes of this subsection 3.3.6, s may allow cooking and heating at the s, as defined in Section 16, or otherwise ie prior written consent of the City. For "cooking and heating" shall not include a 9 prohibition against food that is prepared or re-heated in a microwave, and/or hot beverages such as coffee and tea. 3.4 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, and/or updated, as deemed necessary, at the discretion of the City Manager and/ or his designee. 3.5 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 City's Recreation Division Hurricane Evacuation Plan, as included in Exhibit "D," attached hereto. 3.6 Occupational Licenses/ Background Checks. CONTRACTOR shall obtain, at its sole cost and expense, any and all occupational licenses required 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 4.1 Performance Bond or Alternative Security. 4.1.1 On or before the Commencement Date, CONTRACTOR shall furnish the City Manager or his designee with one of the following: (i) A Performance Bond, in the amount of Twenty Five Thousand Dollars ($25,000), to secure the faithful performance of this Agreement. A cash deposit, irrevocable letter of credit, the establishment of a joint trust or certificate of deposit (collectively, the "Alternate Security") may also suffice, as determined by the City in its discretion. The form of the Performance Bond or Alternate Security shall be as required and pre-approved by the City Manager or his designee. In the event that a Certificate of Deposit is approved, it shall be a Twenty Five Thousand 10 Dollar ($25,000) one-year Certificate of Deposit in favor of the City, which shall be automatically renewed, the original of which shall be held by City. The CONTRACTOR shall be required to maintain said Performance Bond or Alternate Security, as accepted by City, in full force and effect throughout the Term of this Agreement or (ii) A letter, in a form satisfactory to the City Manager or his designee, from a federally insured financial institution evidencing, as of the date of the letter, CONTRACTOR'S ability to provide the necessary funds to perform pursuant to the Agreement. The parties agree and acknowledge that the preceding subsections (i)-(ii) 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. 4.2 Payment of Expenses/ City's Minimum Guarantee/ Pavment to Contractor. In consideration of the management and operational rights granted the CONTRACTOR pursuant to this Agreement, and CONTRACTOR'S further agreement and acknowledgement to perform and furnish the management and operational services; 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 4.2.3, generated at and from the Centers including, but not limited to, all tennis 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(s) of 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 4.2.2, 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 fee/officers 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 City's Chief Financial Officer, and shall include a comparison of revenues and 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 a reconciliation of all accounting within fifteen (15) business days following the completion of each Agreement year during the Term hereof. 4.2.1 Notwithstanding anything to the contrary in this subsection 4.2, the City shall without limitation withdraw or be paid from the established 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. 4.2.2 CONTRACTOR'S right to make withdrawals of its management fee/officers' payroll expenses from the City/CONTRACTOR account, as set forth in this subsection 4.2, shall be subject to the withdrawal rights of the City's payment, as set forth in subsection 4.2.1. 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/CONTRACTOR account that is equal to or less than the monthly amount the City is entitled to withdraw that month pursuant to this subsection. 4.2.3 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. 4.2.4 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 line-item annual operating budget for the Center, in compliance with a format reasonably requested by the City's Chief 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 budget, based on its submitted operating budget for such City fiscal year. The operating budget and the cash flow budget shall be approved by the City's Chief Financial Officer, with such modifications as the Chief Financial Officer shall make and/or request. 4.2.5 In the event that the Flamingo Park Tennis Center closes completely for renovations, then monthly payments will be $1,625 per month (50% of $3,250) for North Shore Tennis Center, plus 5% of all concession gross sales for that month. If Flamingo Park Tennis Center remains open with fewer courts, a prorated payment will be assessed. 4.3 Sales and Use Tax. It is also understood that payment of any required Florida State Sales and Use Tax shall be the responsibility of CONTRACTOR. It is the City's intent that it is to receive all payments due from CONTRACTOR (as contemplated in 4.2.1) as net of such Florida State Sales and Use Tax. SECTION 5. MAINTENANCE AND EXAMINATION OF RECORDS CONTRACTOR shall maintain current, accurate, and complete financial records on an accrual basis of accounting related to its operations pursuant to this Agreement. Systems and procedures used to maintain these records shall include a system of internal controls and all accounting 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 a breakdown of revenues, 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 CONTRACTOR'S 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, CONTRACTOR'S records pertaining to its operation as often as it deems reasonably necessary throughout the Term of this Agreement, and three (3) times within the three (3) 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 for paying all costs associated with such audits, unless the audit(s) reveals a deficiency of five percent (5%) or more in CONTRACTOR'S statement of revenues for any year or years audited, in which case CONTRACTOR shall pay to the City, within thirty (30) days of the audit being deemed final (as specified below), the cost of the audit and a sum equal to the amount of the deficiency revealed by the audit, plus interest; provided, however, the audit shall not be deemed final until CONTRACTOR has received the audit and has had a reasonable opportunity to review the audit and discuss the audit with the City. Nothing contained within this Section shall preclude the City's audit rights for Resort 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'S intent to stay informed of comments from and suggestions by the City regarding CONTRACTOR'S performance under the Agreement. Within thirty (30) days after the end of each contract year, CONTRACTOR and City shall meet to review CONTRACTOR'S performance under the Agreementforthepreviouscontractyear. At the meeting, CONTRACTOR and City may discuss quality, operational, maintenance and any other issues regarding CONTRACTOR'S performance under the Agreement. SECTION 7. TAXES ASSESSMENTS AND UTILITIES 7.1 CONTRACTOR agrees to and shall pay before delinquency all taxes (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 7.2, by reason of this Agreement or by reason of the business or other activities of CONTRACTOR upon or in connection with the Center. CONTRACTOR will have the right, at its own expense, to contest the amount or validity, in whole or in part, of any tax and/or assessment by appropriate proceedings diligently conducted in good faith. CONTRACTOR may refrain from paying a tax or assessment to the extent it is contesting the assessment or imposition of same in a manner that is in accordance with law; provided, however, if, as a result of such contest, additional delinquency charges become due, CONTRACTOR shall be responsible for such delinquency charges, in addition to payment of the contested tax and/or assessment, if so ordered. CONTRACTOR shall also pay for any fees imposed by law for licenses or permits for any business or activities of CONTRACTOR at the Centers under this Agreement. 7.2 Procedure If Ad Valorem Taxes Assessed. Notwithstanding Subsection 7.1, the parties agree that the operations contemplated herein are for public purposes and, therefore, no ad valorem taxes should be assessed by the Miami-Dade County Tax Appraiser. If, however, said taxes are assessed, CONTRACTOR shall be responsible for payment of same. 14 SECTION 8. EMPLOYEES AND INDEPENDENT CONTRACTORS 8.1 CONTRACTOR agrees that during the Term of this Agreement, Jim Bollettieri ,Tom Mar, and Victor Weithorn (individually, a "Principal"; collectively, the "Principals") shall have active, 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. 8.2 In connection with the performance of its responsibilities hereunder, CONTRACTOR may hire its own employees and/or independent contractors, who will be employees and/or independent contractors of CONTRACTOR and not of the City, and who will be subject to a background check, at the expense of the CONTRACTOR. 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. 8.3 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. 8.4 CONTRACTOR and its employees and/or independent contractors shall wear appropriate apparel, such that Center patrons can easily identify CONTRACTOR and its employees and/or independent contractors. All employees and/or independent contractors shall observe all the graces of personal grooming. The CONTRACTOR shall hire people to work in its operation who are neat, clean, well groomed and shall comport themselves in a professional and courteous manner and be in conformity with the City's Customer Service standards. Ifthe 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 pre-employment requirements and standards as established by the City of Miami Beach's Human Resources Department. CONTRACTOR'S failure to 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 the City's process and must utilize a City approved agent prior to entering the 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. 8.5 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 2-410, of 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 $8.56 an hour with health benefits, or a living wage of not less than $g.81 an hour without health benefits. For a covered employer to group of individual with the living wage provision by choosing to pay the lower wage scale ($8.56/hour) when a covered employer also provides health benefits, 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 dependants. SECTION 9. HOURS OF OPERATION & COURTS USAGE 9.1 The CONTRACTOR shall open and operate the Centers for play from 7:30 A.M. to 9:00 P.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. 9.2 Any change in the hours of operation shall be at the City's sole option and discretion, and any request by CONTRACTOR for an increase or decrease in same shall be subject to the prior written approval of the City Manager or his designee. 9.3 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 (7:30 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 non-peak hours shall be subject to the approval of the 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 or his designee. Additionally, the CONTRACTOR agrees that 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 CONTRACTOR'S normal course of business. Monthly lessons (a minimum of four (4) hours perfacility per month each fiscal year) can be broken down at CONTRACTOR'S 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 City's Parks and Recreation Department's programs. SECTION 10. TENNIS FEES. CHARGES AND PROGRAMS & RELATED SERVICES TO BE PROVIDED 10.1 Prices charged shall comply with the City's established fees for hourly tennis court play, annual permits, other specialized play and the youth tennis policy, and shall be in accordance with Exhibit "E," attached hereto. 10.2 The CONTRACTOR must comply with the fee schedule for the professional tennis instruction that offers the tennis patron a choice in instructor level and hourly fee commensurate with the instructor's level, as agreed upon and listed in Exhibit "F", attached hereto. Any change of this said fee and instructor levels shall be approved by the City prior to implementation of fees. 10.3 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. 10.4 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. 10.5 The CONTRACTOR agrees to provide the programs and additional services set forth in Exhibit "F". An implementation schedule of said services shall be provided by the CONTRACTOR within sixty (60) days of the Commencement Date. Said schedule and any modifications, additions or deletions to the list are subject to the prior approval of the City. 10.6 The CONTRACTOR shall be authorized to provide courts, free of charge, during professional tennis demonstrations, promotional events, clinics and lessons being offered to the public at no charge, subject to the prior written approval of the City. 10.7 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 11.1 Building and Facilities Alterations Without the City's priorwritten approval, 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 affected area and will immediately notifythe City's Property Management Division to advise of said emergency. At that time the City will assess the situation, further secure the area in question, and determine means and method of repairs. Any other alterations or additions shall be made at the CONTRACTOR'S sole cost and expense and shall become the property of the City upon termination of this Agreement unless otherwise agreed to by the City Manager or his designee in writing. CONTRACTOR shall not have the right to create or permit the creation of any lien attaching to City's interest in the Centers as a result of any such alterations or additions. 11.2 Building(s) and Facilities Maintenance The City further acknowledges that the CONTRACTOR shall not be required to improve, repair, restore, refurbish, or otherwise incur any expense in improving or changing the condition of the 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 be responsible for repairs to sports lighting, roofs, exterior walls, air-conditioning, plumbing, electrical system(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. 11.3 Courts and Related Facilities Maintenance Standards The parties herein acknowledge, and CONTRACTOR agrees to be bound by the Minimum Maintenance Standards as delineated in Exhibit "G", attached hereto, which include Tennis Court Maintenance Standards (collectively, the "Maintenance Standards"). The 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 or his designee, with a maintenance report in a format approved by the City. 18 11.4 Litter, Garbage and Debris Removal With respect to litter, garbage and debris removal, the CONTRACTOR shall provide, at its sole cost and expense, receptacles within the confines of the Centers and shall provide a sufficient number of these receptacles for its own use and for the use of the public. Disposal of the contents of said receptacles and removal of litter, garbage and debris within the Center, shall be done on a daily basis, and shall be the sole responsibility of the CONTRACTOR. The CONTRACTOR shall be permitted to utilize the City's current trash removal procedures. The amount of trash 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. 11.5 Equipment The CONTRACTOR must provide and maintain, at its own cost and expense, all materials, labor, and any and all equipment required to operate the 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'S equipment or materials are lost, stolen, or damaged, they shall be replaced or repaired at the sole cost and expense of the CONTRACTOR in no more than five (5) days from date of loss, or if not 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. 11.6 Orderly Operation The CONTRACTOR shall have a neat and orderly operation at all times and shall be solely 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 during hours of operation by the City Manager or his designee. 11.7 No Dangerous Materials The CONTRACTOR agrees not to use or permit at the 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, or any substance or thing prohibited in the standard policies of fire insurance companies in the State of Florida. Any such substances or materials found within the Center shall be immediately removed. Notwithstanding any contrary provisions of this Agreement, CONTRACTOR, after the Commencement Date, shall indemnify and hold City harmless from any loss, damage, cost, or expense of the City, including, without limitation, reasonable attorney's fees, incurred as a result of, arising from, or connected with the placement by CONTRACTOR, after the Commencement Date, but during the Term of this Agreement, of any hazardous substance, or petroleum products on, under, in or upon the Center as those terms are defined by applicable Federal and State Statute, or any environmental rules and environmental regulations promulgated thereunder; provided, however, CONTRACTOR shall have no liability for any violation arising or damage incurred as a result of the willful misconduct or gross negligence of the City, its agents, servants or employees. The provisions of this Subsection shall survive the termination or earlier expiration of this Agreement. 11.8 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 ordamaged equipment, materials and supplies, nor shall the City be responsible for any stolen or damaged personal property of CONTRACTOR'S patrons, guests, invitees, and/or other third parties. 11.9 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 types of insurance coverage at all times throughout the Term of this Agreement: a. Comprehensive General Liability in the minimum amount of One Million Dollars ($1,000,000) per occurrence for bodily injury and property damage. This policy must also contain coverage for Center operations, products and contractual liability. b. Workers Compensation Insurance as required underthe Laws of the State of 20 Florida. Automobile Insurance shall be provided covering all owned, leased, and hired vehicles and non-ownership liability for not less than the following limits: Bodily Injury $1,000,000 per person Bodily Injury $1,000,000 per accident Property Damage $1,000,000 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 the City, 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 A.M. Best Insurance Guide (latest edition) rating acceptable to the City's 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 CONTRACTOR to 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 13.1 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(s), agents, 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. 13.2 In addition, in consideration of a separate and specific consideration of $10.00 and other good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, CONTRACTOR shall indemnify, hold harmless and defend the City, its agents, servants and employees from and against any claim, demand or cause of action of whatever kind or nature arising out of any misconduct of CONTRACTOR not included in the paragraph in the subsection above and for which the City, its agents, servants or employees are alleged to be liable. 13.3 Subsections 13.1 and 13.2 shall survive the termination or expiration of this Agreement. Subsections 13.1 and 13.2 shall not apply, however, to any such 21 liability, that arises as a result of the willful misconduct or gross negligence of the City, its agents, servants or employees. 13.4 Subrogation The terms of insurance policies referred to in Section 12 shall preclude subrogation claims against CONTRACTOR, the City and their respective officers, employees and agents. 13.5 Force 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 occurring at 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'S obligations and benefits hereunder may be negatively affected by an event of Force Majeure. If an event of Force Majeure occurs during the Term of this Agreement, and provided furtherthat CONTRACTOR'S payment(s) to the City for that contract year is greater than the applicable percentage payment, then the City Manager or his designee, in his sole discretion, may extend the Term of this Agreement for a reasonable period of time; provided, however, such extension shall take effect only if CONTRACTOR agrees to such extension. 13.6 Labor Dispute In the event of a labor dispute which results in a strike, picket or boycott affecting the Centers or the operations described in this Agreement, CONTRACTOR shall not thereby be deemed to be in default or to have breached any part of this Agreement, unless such dispute shall have been caused by illegal labor practices or violations by CONTRACTOR of applicable collective bargaining agreements and there has been a final determination of such fact which is not cured by CONTRACTOR within thirty (30) days. 13.7 Waiver of Loss from Hazards The CONTRACTOR hereby expressly waives all claims against the City for loss or damage sustained by the CONTRACTOR resulting from fire, water, natural disasters/acts of God (e.g. hurricane, tornado, etc.), civil commotion, riot, or any other Force Majeure contemplated in Subsection 13.5 and Labor Dispute in Subsection 13.6 above, and the CONTRACTOR hereby expresslywaives all rights, claims, and demands against the City and forever releases and discharges the 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 14.3 shall constitute events of default underthis Agreement. An event of default by CONTRACTOR shall entitle City to exercise any and all remedies described as City's remedies under this Agreement, including but not limited to those set forth in Subsection 14.4. An event of default by City shall entitle CONTRACTOR to exercise any and all remedies described as CONTRACTOR'S remedies under this Agreement, including but not limited to those set forth in Subsection 14.5. 14.1 Bankruptcy If either the City or CONTRACTOR shall be adjudged bankrupt or insolvent, or if any receiver or trustee of all or any part of the business property of either party shall be appointed, or if any receiver of all or any part of the business property shall be appointed and shall not be discharged within sixty (60) days after appointment, or if either party shall make an assignment of its property for the benefit of creditors, or shall file a voluntary petition in bankruptcy, or insolvency, or shall apply for reorganization or arrangement with its creditors under the bankruptcy or insolvency laws now in force or hereinafter enacted, Federal, State, or otherwise, or if such petitions shall be filed against either party and shall not be dismissed within sixty (60) days after such filing, then the other party may immediately, or at any time thereafter, and without further demand or notice, terminate this Agreement without being prejudiced as to any remedies which may be available to it for breach of contract. 14.2 Default in Payment In the event CONTRACTOR fails to submit any payment within five (5) days of its due date, there shall be a late charge of $50.00 per day for such late payment, in addition to interest at the highest rate allowable by law (currently 12% per annum). If any payment and accumulated penalties are not received within fifteen (15) days after the payment due date, and such failure continues three (3) days after receipt of written notice thereof, then the City may, without further demand or notice, terminate this Agreement without being prejudiced as to any remedies which may be available to it for breach of contract; and may begin procedures to collect the Performance Bond or Alternative Security required in Section 4.1 herein. 14.3 Non-Monetary Default In the event that CONTRACTOR or the City fails to perform or observe any of the covenants, terms or provisions under this Agreement, and such failure continues thirty (30) days after written notice thereof from the other party hereto, such non- defaulting party may immediately or at any time thereafter, and without further demand or notice, terminate this Agreement without being prejudiced as to any remedies which may be available to it for breach of contract. In the event that a default is not reasonably susceptible to being cured within such period, the defaulting party shall not be considered in default if it shall, within such period, commence with due diligence and dispatch to cure such default and thereafter completes with dispatch and due diligence the curing of such default, but in no 23 event shall such extended cure period exceed ninety (90) days from the date of written notice thereof. In the event a defaulting party cures any default pursuant to this subsection, it shall promptly provide the other party with written notice of same. 14.4 City's Remedies for CONTRACTOR'S Default If any of the events of default, as set forth in this Section, by CONTRACTOR shall occur, the City may, after notice (if required) and the expiration of cure periods, as provided above, at its sole option and discretion, institute such proceedings as in its opinion are necessary to cure such defaults and to compensate City for damages resulting from such defaults, including but not limited to the right to give to CONTRACTOR a notice of termination of this Agreement. If such notice is given, the Term of this Agreement shall terminate upon the date specified in such notice from City to CONTRACTOR. On the date so specified, CONTRACTOR shall then quit and surrender the 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 right to maintain any and all actions at law or suits in equity or other proper proceedings to obtain damages resulting from CONTRACTOR'S default. 14.5 If any of the events of default, 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 and/or sue for damages. Said termination shall become effective upon receipt of a written notice of termination by the City, but in no event shall CONTRACTOR specify a termination date that is less than sixty (60) days from the date of the written termination notice. On the date specified in the notice, CONTRACTOR shall quit and surrender the Center to City pursuant to the provisions of Subsection 14.7. 14.6 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 4.2.5 for payment requirements once Flamingo Park Tennis Center is closed. 14.7 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 the Center were prior to the Commencement Date of this Agreement, reasonable wear and tear, and City maintenance and repair obligations, excepted. CONTRACTOR shall remove all its equipment, fixtures, personal property, etc. upon five (5)-business days written notice from the City Manager or his designee unless a longer time period is agreed to by the City. The CONTRACTOR'S obligation to observe or perform this covenant shall survive the expiration or other termination of this Agreement. Continued occupancy of the Center after termination of the Agreement without the City's approval shall constitute trespass by the CONTRACTOR, and may be prosecuted as such. 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 change in control of CONTRACTOR, then any such change in control shall constitute a "transfer" for purposes of this Agreement and shall be approved by the City 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 of any 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 designee, as applicable, shall respond within 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 16.1 CONTRACTOR'S proposed uses, 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, CONTRACTOR'S "Special Event" shall mean any event in which CONTRACTOR shall dedicate, and close to the general public, 50% or more of a Center's tennis courts. In the event CONTRACTOR does produce, promote a sponsor or a Special Event at a Center; it shall abide by the City's Special Events Permit Requirements and Guidelines. For any use, other than those provided for in this Agreement, a Special Events Permit may be required and, if required, shall be obtained through the City's Office of Arts, Culture and Entertainment. The City Manager's authorization must be obtained for any such Special Event. The City Administration shall evaluate requests for Special Events Permits on a case by case basis, in accordance with the City's Special Event Permit Requirements and Guidelines. 16.2 City Special Events Notwithstanding Subsection 16.1 above, and in the event that the City, at its sole discretion, deems that it would be in the best interest of the City, the City reserves the right to utilize the Centers for City produced tennis related special events and/or other City-produced special events productions. In such cases, the City will coordinate with the CONTRACTOR to cooperatively produce such events. The City shall make its best effort to negotiate with CONTACTOR but if unsuccessful the CONTRACTOR shall cease and desist operations during the Term of, and in the area of, the special event and/or production. If the CONTRACTOR is not required to close, or chooses to remain open without interference to the special event and/or production, CONTRACTOR agrees to cooperate with the City. If the CONTRACTOR is allowed to 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 save and keep harmless the City, its agents, employees and contractors from and against damage, penalty, fine, judgment, expense or charge suffered, imposed, assessed or incurred for any violation, or breach of any law, ordinance, rule, order or regulation occasioned by any act, neglect or omission of the CONTRACTOR, or any of its subcontractors, employees or agents. In the event of any violation by the CONTRACTOR or if the City or its authorized representative shall deem any conduct on the part of the 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-four (24) hours after receiving written notice of the nature and extent of such violation, conduct, or practice. SECTION 18. NOTICES. All notices, consents, waivers, directions, requests or other instruments of communications provided for under this Agreement, shall be deemed properly given if, and only if, delivered personally or sent by registered or certified U.S. mail, postage pre-paid, as follows: IF TO THE CITY: With copies to: IF TO CONTRACTOR: With copies to (which shall Not constitute notice: Robert C. Middaugh Assistant City Manager City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 Kevin Smith, Director, Parks and Recreation 2100 Washington Avenue Miami Beach, Florida 33139 Mr. Tom Mar, President Green Square, Inc. P.O. Box 615 Miami Beach, Florida 33119 Louis R. Montello, Esquire Montello & Kenney, P.A. 777 Brickell Avenue, Suite 1070 Miami, Florida 33131 The CONTRACTOR and the City may change the above mailing address at anytime upon giving the other party written notification. All notices under this Agreement must be in writing. SECTION 19. LAWS 19.1 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. 19.2 Governing Law This Agreement shall be deemed to have been made and shall be construed and interpreted in accordance with the laws of the State of Florida. In case of any inconsistency between the terms of this Agreement, and any applicable general or special law, said general, special law shall prevail. 27 19.3 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. 19.4 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 its employment practices or in the operations referred to by this Agreement; and 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 62-91, of Chapter 62, of the Miami Beach City 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 20.1 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. 20.2 Modifications This Agreement cannot be changed or modified except by agreement in writing executed by all parties hereto. CONTRACTOR acknowledges that no modification to this Agreement shall be binding on the City unless approved by the Mayor and City Commission except where such authority has been expressly provided herein to the City Manager or his designee. 20.3 Complete Agreement. This Agreement, together with all exhibits attached hereto, constitutes all the understandings and agreements of whatsoever nature or kind existing between the parties with respect to the matters as contemplated herein. 20.4 Headings The section, subsection and paragraph headings contained herein are for convenience of reference only and are not intended to define, limit, or describe the scope or intent of any provision of this Agreement. 20.5 Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns. 28 20.6 Clauses The illegality or invalidity of any term or any clause of this Agreement shall not affect the validity of the remainder of the Agreement, and the Agreement shall remain in full force and effect as if such illegal or invalid term or clause were not contained herein unless the elimination of such provision detrimentally reduces the consideration or benefits that either party is to receive under this Agreement or materially affects the continuing operation. of this Agreement. 20.7 Severability If any provision of this Agreement or any portion of such provision or the application thereof to any person or circumstance shall be held to be invalid or unenforceable, or shall become a violation of any local, State, or Federal laws, then the same as so applied shall no longer be a part of this Agreement but the remainder of the Agreement shall not be affected thereby and this Agreement as so modified shall remain in full force and effect. 20.8 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. 20.9 Not a Lease It is expressly understood and agreed that no part, parcel, building, facility, equipment or space is leased to the CONTRACTOR, that CONTRACTOR is a contractor providing management services for the City and not a lessee; and that the CONTRACTOR'S right to manage and operate the Centers for the City shall continue only so long as this Agreement remains in effect. 20.10 Sianage 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. 20.11 Conflict of Interest CONTRACTOR shall perform its services under this Agreement and conduct the professional tennis management and operations contemplated herein, in a manner so as to show no preference for other tennis operations/facilities owned, operated, managed, or otherwise controlled by CONTRACTOR with regard to its responsibilities pursuant to this Agreement. 20.12 Intentionally Omitted 20.13 Procedure for Approvals and/or Consents In each instance in which the approval or consent of the City Manager or his designee is allowed or required in this Agreement, it is acknowledged that such 29 authority has been expressly provided herein to the City Manager or his designee by the Mayor and City Commission of the City. In each instance in which the approval or consent of the City Manager or his designee is allowed or required in this Agreement, 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's failure to consider such request within this time provided shall not be deemed a waiver, nor shall CONTRACTOR assume that the request is automatically approved and consented to. This Subsection shall not apply to approvals required herein by the Mayor and City Commission. 20.14 No Waiver No waiver of any covenant or condition of this Agreement by either party shall be deemed to imply or constitute a waiver in the future of the same covenant or condition or of any other covenant or condition of this Agreement. 20.15 No Third Party Beneficiary Nothing in this Agreement shall confer upon any person or entity, including, but not limited to subcontractors, other than the parties hereto and their respective successors and permitted assigns, any rights or remedies by reason of this Agreement. 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 on its liability for any cause of action for breach of this Agreement, so that its liability for any such breach never exceeds the sum of $10,000.00. CONTRACTOR hereby expresses its willingness to enter into this Agreement with a $10,000.00 limitation on recovery for any action for breach of contract. Accordingly, and in consideration of the separate consideration of $10,000.00, the receipt of which is hereby acknowledged, the City shall not be liable to CONTRACTOR for damages to CONTRACTOR in an amount in excess of $10,000.00, for any action for breach of contract arising out of the performance ornon-performance of any obligations imposed upon the City by this Agreement. Nothing 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 768.28. 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. Atte~~~ V`^"ll ~~~ n For City: CITY CLERK ^.(„~/Jt~-\--- M OR Robert Parcher Matti H. Bower ARY/Signature 1/ (C~i~D2 ~/,~ r ~f~~ Print Name For Contractor: Gr ua nc, P (DENT/Signature Print ame APPROVED AS TO FORM 8~~4~ANGUAGE 1& FO~'~XECUTIOh IL ~ @7 a JMG/RCM/KS/tb F:\rcpa\$ALL\Previous\OTheresa\Resolutions, Agreements, Commisssion Items 8 Memos\Greensquare\Greensquare Agmt Revised December 2007.doc 31 m PARKS AND RECREATION DEPARTMENT EXHIBIT "A1" AERIAL VIEW OF FLAMINGO PARK TENNIS CENTER FLAMINGO PARK TENNIS CENTER r ~z ~~. _ _ ~~ t ~ ., ~ ~y, ~~,. N 16~~ ~!T"i ~,~ - ~ .~ .~~~' 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 1.85 oz Hershe Smart Zone Peanut Butter 1.76 oz Hershe Smart Zone Peanut Butter 1.76 oz Low Fat: Strawber Nutri-Grain Yo urt Bar 7.30 oz Low Fat: Vanilla Nutri-Grain Yo urt Bar 1.30 oz Low Fat: A le Cinnamon Bar 1.30 oz Low Fat: Strawberr Nutri-Grain Bar 1.30 oz La s Li ht Re ular Potato Chi s 1.00 oz La s Li ht Doritos Nacho Tortilla Chi s 1.38 oz Gardetto's Reduced Fat Snack-ens Flavor Pretzel 1.65 oz Gardetto's Low Fat Mustard Flavor Pretzel Mix 1.65 oz Famous Amos Low Fat Gin ers Sna s Ba 1.75 oz Reduced Fat Toastchee 1.38 oz Reduced Fat Cream Cheese. & Chives on Wafer 1.37 oz Reduced Fat Nekot 1.75 oz Kraft 100 Calorie: Cheese Ni s 0.74 oz Kraft 100 Calorie: Chi s Aho Cookies 0.81 oz Kraft 100 Calorie: Oreo Cookies 0.81 oz Kraft 100 Calorie: Wheat Thins 0.74 oz Low Carb Low Carb Mint Patt y.pp oz Low Carb Toffee S wares 1.00 oz Low Carb Pecan Delite 1.00 oz Low Carb Milk Chocolate 0.80 oz Low Carb Chocolate with Almonds 0.80 oz Low Carb Chocolate Wafer 1.00 oz Low Carb Chocolate Mousse 1,25 oz Low Carb Dark Chocolate 0.80 oz Low Carb Peanut Butter Bar 1.00 oz Low Carb Peanut Butter Cu s 1.20 oz Carb Fix Pretzel Nibbler 2.25 oz Fat Free Rold Gold Fat Pretzel Twist 2.25 oz Fat Free Pretzel Thins 1.00 oz Fat Free Mini Pretzels 1.50 oz Fat Free Butter Sourdou h Pretzels 1.50 oz Fat Free Sourdou h Nibbler Pretzels 2.25 oz Nabisco Fat Free Fi Newtons 2.10 oz 99 % Fat Free Lemon Cake 3.00 oz Fat Free Strawber Fruit Snack 2.25 oz Fat Free Cherr Fruit Snack 2.50 oz Fat Free Mixed Berries Fruit Snack 2.50 oz Sugar Free Su ar Free Pecan Cluster 1 .00 oz. Golden Batch Su ar Free: Chocolate Cream Wafers 1.75 oz. Golden Batch Su ar Free: Vanilla Cream Wafers 1 .75 oz. Golden Batch Su ar Free: Peanut Butter Cream Waters 1.75 oz. Golden Batch Su ar Free: Strawber Cream Wafers 1 .75 oz. Golden Batch Su ar Free: Reduced Fat Vanilla Cream Wafers t.75 oz. Golden Batch Su ar Free: Reduced Fat Chocolate Gream Wafers 1 .75 oz. Sugar Free Spearmint Rolls 0.65 oz. Su ar Free Pe ermint Rolls 0.65 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 y.p0 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 1.00 oz. Doritos Nacho Cheese 1 _00 07. Fun ons 1 .00 oz. La s KC Master iece 1 .00 oz. La s Re ular 1.00 oz. La s Salt & Vine ar 1.00 oz. La s Munchies 1.00 0~. Rofd/Gold Tin Twist Pretzels 1.00 oz. Ruffles Re ular 1 .00 oz. Ruffles, Ched/SR/CR 1 .00 oz. Smart Cheddar Po corn 1 .00 oz. Po corn, Act 11 Microwave 1.20 oz. Hot Fries. And Ca 1.00 oz. Nutri Grain Bar, A le 2.13 oz. Cream Cheese on Ca t Wafer 1.38 oz Nekot, Peanut Butter 1.50 oz. 7oastchee 1.25 oz. Van-O-Lunch, Vanilla 1.50 oz. Combos. Nacho Cheese 1.32 oz. Combos, Pizzeria 1.32 oz. Mix N' Yo urt, UnsEilted 2.00 oz. Trail Mix, Small 2.00 oz. Mini Oreo Cookies 1.05 oz. Planter Salted Peanuts 1 .OS az. Ru er Chocolate Wafer 2 10 oz Rur~er Vanilla Water 2 10 oz Price Candies Employee Areas & Youth Centers General Public Skittles. Ori final 2.17 oz. 50.75 $0.75 Skittles, Tro ical 2.17 oz. $0.75 $0.75 Skittles, Wildber 2.17 oz. 50.75 $0.75 Skittles, California 2.17 oz. 30.75 $0.75 Skittles, Ori final 2.07 oz. S0.75 $0.75 Lifesaver, 5-Flavor 0.72 oz. $0.50 $0.50 Runts Che 0.72 oz. $0.50 $0.50 Ooublemint Gum Vend 80 oz. 0.80 oz. $0.50 $U.50 Juic fruit Gum Vend 0.80 oz. 30.50 $0.50 S earmint Gum Vend 0.80 oz. 50.50 $0.50 Price Chocolates Employee Areas & Youth Centers General Public Almond Jo 50.75 $0.75 Hershe 's Milk Chocolate 1.55 oz. 50.75 $0.75 Kit Kat 1.SS oz. $0.75 $0.75 Mr. Goodbar 1.55 oz. $0.75 $0.75 Reese's Peanut Butter Cu 1.53 oz. 50.75 $0.75 RAP.SP.'S Pieces 1.53 oz. $0.75 $0.75 York Mints 1.55 oz. 50.75 $0.75 M8M Peanut 1.74 oz. 50.75 $G.75 M&M Plain 1.69 oz. 30.75 $0.75 Snickers 2.07 oz. $0.75 $0.75 Twix Caramel Crunch 2.00 oz. $0.75 $0.75 Bab Ruth 2.00 oz. $0.75 $0.75 Butter Fin er 2.10 oz. $0.75 50.75 Nestle's Caramel Crunch 1.52 oz. 30.75 $0.75 Nestle's Crunch 1.55 oz. 30.75 $0.75 Price Cookies and Pastries Employee Areas & Youth Centers General Public Bi Cookie Chocolate Chi 2.80 oz. $0.65 $0.65 Rich &Che Chocolate Chi Cookie 1.OD oz. $0.65 $U.65 Bi A le Claw 13.86 oz. $0.75 $0.75 Hone Bun, Glazed Jumbv 1 1.00 oz. $0.75 $0.75 FOA, Powdered Gem Donut 1.02 oz. 30.75 30.75 _U a, N to h O to N to h O t0 N ~ h O to N to h O to N to h O ~ N 4A h O ~ N ~ l0 h ~ N t1') h u i N ~ ~ h ~ N ~ ~ h to N ~ ~['J h ~ N to h ~ N ~ ~fi h tq N ~ ~ N ~ US h to N - N h to N ~ h ~ N N N ~ N N N to N N flt fft (~ F!t Eft !f3 69 Efl 4t3 Ef3 Eft (n O ffl fft O Eft Eft O Ef3 (!~ O E9 (fl O Eft Kt O EA EA D ffl Eft ffl O ff) ' (ft O Eft fft O Eft ~ to (!~ fll Eft d U C N ~ a t ~.~°-~, o ~n ~n O o ~n co $ ~n co g ~n a g ~n a r~ ~n a S ~n co O o ~n co O o a cn o o ~n co o 0 .n 0 O o ~n m O o ~n cc O O O a ~ co o o ~n cn O o ~n co O 0 g ~ ° 0 g „~ a N ~ U O Ef) to O Efl Ef> O f!t tft O tfi tft O Eft Ff3 O E+9 Eft O cfl EFt O Eft Eft O 69 Eft O fft Eft O E!3 Eft O N Eft O FR Ef) Eft O Ef) E9 O Eft r Eft o Eft +- Efl fft r Ef) EN r Ef) W N Q N O N O N O N O N O N O N O N O N O N O N O N C N O N 0 N 0 N 0 N 0 N 0 N 0 N 0 N 0 N 0 N 0 N 0 N 0 N 0 N 0 N 0 N 0 N 0 N 0 N 0 N 0 N 0 N 0 N 0 N 0 N r O N. N *- O N N +- O N N r O N N r O N N r- C N N ~- O N N r O N N r O N N r O N N ~- O N N r O N N '- O N N ~ N +- O N N r O N N r 0 N 0 N 0 N 0 N 0 N .Y. C / 0 ~ ~ d c-pe 0 N ~ 0 Q1 m 0 G1 m 0 L t m J otj aEi J oEJ m J ot$ m J ojS 'D c 'D c ~ m 41 m m J y ro J N ro ~- ~ ~ QI 21 m y .O m .a ro ~ C a O J c y m c, u ~ a~ m aroi m ai m m a~ a~ a~ ~ a D E o E c ° E c ° E ~ ~ a 4. in in in ~ o E o~ c cca v> m N ~ N N O Y O Y O U O U N 'c ,0. 'c O O O O ~4 7 [0 7 c c6 O c Rf O 3 t9 i ~ ~0 al Q _d Q a~ J L °' J r i n J Y a i J .X ro ~ a~ ~ O a~ ~ N 0 O U 0 O U 0 O U 0 O U ¢ ~ ~ '00 ~ ~ O -p U ~, 0 U ~, 0 U ~, 0 U ~, 0 O U ~ o V ~ ro = m ro . cco ~, ~ ` ~ v cn ~ ¢ ~ o~ ¢ ~ 'S C ro c ( ro c ro c ~°. c n m c in m c a~ E ~ S ~ ~ ~ ~ c a ~ c a ~ O ~ m ct ~ ro ¢ ~ ca Y v ro ~ m ro a~ m ro m `~ R m o ro m 0 c~ m 0 ro a`, 0 U U U U . D O > > cn cn . D ~ Q a a ro ro ro ro ro w . ~ ~ ~ ~ a i LL u. LL u. ~ ~ c7 c7 ~ ~ ~ z z z z a a a a ~~ PARKS AND RECREATION DEPARTMENT EXHIBIT "C" CONTRACTOR'S LIST OF FOOD AND BEVERAGES TO BE SOLD TF,NNIS COURTS FOOD AND I3EVEKAGF. INVEN~I'()RY AND PRICE LIST PRICE PER 11'EM BANANAS $ I,pU POWER CRUNCH BURS 2.UU FRUIT BY THE TOOT .SU PRETZELS ,~U CI-~EE"ros .so I:AYS .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 I.oo FAMOUS AMOS COOKIES I.UU VI"TAMTN WATER I.SU SUNNY DELIGI-IT I.00 HERSHEY'S CHOCOLATE MILK I _UU CAI'RISUN JUICES .SU RED B[!I_L 2.UU ENERGY DRII~TK 2.0p FRAPPUCCINO ~,Up SIMPLY FIT DRINK 2.00 SLUSHPtJPPIE DRINK ?.00 STONYFIELD FARM YOGURT I.50 m PARKS AND RECREATION DEPARTMENT EXHIBIT "D" PARKS AND RECREATION HURRICANE PLAN PARKS & RECREATION DEPARTMENT RECREATION DIVISION DATE ISSUED: Page: 1 SECTION: 11/28/2007 Of:3 SUBJECT: EMPLOYEE'S HURRICANE PROCEDURES 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 duty, stay at your facility and call your immediate supervisor for instruction. 2. All employees 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 procedures and may be 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 Managers are to report to your Tennis Center. 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 equipment i.e. brooms, rakes, etc. and store in a safe place. 4. Tie down benches to posts. 5. Store all trash cans in locker rooms. 6. Remove all seats i.e. 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: 11/28/2007 Of:3 PARKS & RECREATION DEPARTMENT RECREATION DIVISION SUBJECT: EMPLOYEE'S 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 things off the floor that can be damaged by water. 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 call City 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 don't know about this one...we 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 RECREATION DIVISION SUBJECT: EMPLOYEE'S HURRICANE PROCEDURES 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] •-°: ~_„ ~ 6 a. ~ ~ w a ,~., ''~ s 8 a i ~ ~ .a 6 ° ~E ~ ca ~ 8 .°a ~ as ~ a a ~ a. E ~ ~° ~ o s emu. ~a ~ ° ~ '~ ~oooo$ ~,.-•~ o ~ ea~ ~ ~ `r~--~ ,o~, ~ o rte-' ~ 3 4 ac ~ a°a~ o ~ `~ o ~ ~ ~n cn csr ~ i ~ L r~r ~ v: ~ ~, ~ 7G E -~! +~ ~ cn cn ~ cs, o c. :~ ~ F. ~ ~ ~ ~ °o°oc°OOC~ °~ ~ ~ E ~ '"~ ° a.. O ~ Q ~ :C O ~`: N CV ~ b9 NA Eft ~} fi? ENS- i.~g ~ • $ iS '~ 7 ~ O O O O N ~ .__. t/? !fl 6e4 6A ~ ~ _ Q ~ '~ ~ ~ 2 o ~-° `~ ~- 7 F' s ~~ ~, ~z ... cs.. J ~ ~ ..z: `vim. C..) ~ [~ ~C ~ :~ `~ "~ °- •~ ~'~ c,... ~ :.o x Q it m PARKS AND RECREATION DEPARTMENT EXHIBIT "F" GREENSQUARE FEES & DESCRIPTION OF CLASSES GSI Bollettieri Hours of Operation /Fees Monday -Friday 8:00 a.m. - 9:00 p.m. Saturday & Sunday 8:00 a.m. - 8:00 p.m Court Fees: $4/hr res. ($8/hr. non-res.) Light Fee for night play: $1.50 Annual Pass 10/O1 - 09/30 Adult: $185 res. ($375 non-res.) Senior (65+): $150 res. ($250 non-res.) Family: $400 res. ($700 non-res.) Light Fee for night play: $1.50 Monthly Jr. Afterschool Tennis *Pee Wee (Ages 4-6) Monday -Friday 4:00 p.m. - 5:30 p.m. (North Shore Park) Tuesday & Thursday 4:00 p.m. - 5:30 p.m. (Flamingo Park) $20 per class *Junior (Ages 7-18) Monday -Friday 4:00 p.m. - 5:30 p.m. (North Shore Park) Tuesday & Thursday 4:00 p.m. - 5:30 p.m. (Flamingo Park) All levels are welcome. $20 per class 10% discounts are offered to patrons who purchase 10 or more classes in advanced. *Academy (Ages 7-18) $20 per class * 10% discounts are offered 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/class SATURDAY SUPERVISED JUNIOR MATCHES $10 p/class (a supplement program to the JBTA Junior Traveling Team) JBTA JUNIOR TRAVELING TEAM: Tuesday, Thursday, Saturday and Sunday $550 p/mo GSI BOLLETTIERI MINI CAMP: Pee Wee / Jr. Academy half -day $52 p/half-day Pee Wee / Jr. Academy full - day $90 p/full lay Pee Wee / Jr. Academy half -day week $215 p/half-day wk Pee Wee / Jr. Academy full - day week $375 p/full-day wk Academy half -day $52 p/half-day Academy full- day $90 p/full-day Academy half -day week $215 p/half-day wk Academy full- day week $375 p/full-day wk After Care - 3:00 to 5:00 PM $10 p/day/p/child JAMES BOLLETTIERI'S TENNIS 8~ SURF CAMP: Pee Wee / Jr. Academy half -day $52 p/half-day Pee Wee / Jr. Academy full -day $90 p/full-day Pee Wee / Jr. Academy half -day week $215 p/half-day wk Pee Wee / Jr. Academy full -day week $375 p/full-day wk Academy half -day $52 p/half-day Academy full -day $90 p/full-day Academy half -day week $215 p/half-day wk Academy full -day week $375 p/full-day wk After Care - 3:00 to 5:00 PM $10 p/day/p/child ADULT CLINIC $20 p/class MATCH TOUGH $20 p/class TENNIS LADDER $20 p/season JBTA ADULT ACADEMY: 1/2 Day $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 1Nc~lch `I'~Y~~lis C'uurts 1-8~0-282-4415 })1f U r! tt`l'~C~1tE't1I114,1'0111 RE~~ISTER I Slt;~~d Ifd Fr~a}~, ~~lovcm~er 3G, NCO? The follo~+~ing procedures are offered as guidelines far maintaii7ing the court although there ma~~~ be variations in frequenc.~,• due toy+reather conditions amount of play and ph~~;~sical location 1. The court should be drag brushed at the ei7d of Flay each day ~~+rith all indentations and scuff marks smoothed out The court may be drag brushed at other times as required to smooth the surface. ~ The Flaying lines should be brushed clean before pla~~r and as required during Flay 3 The court should be rolled if it becomes soft or if the pla~;~ing lines should become loose It is not necessan; to roll the 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~4~~ing rain to see if any areas (birdbaths; drain mare slo+~rly than the rest of the court Any such areas ~;a+rhich occur most frequently just behind the baselines; should he checked with a straight edge or string line to determine if a la~~+r spot has formed If the area is determined to be lo+~+~ then it should he Patched by scarifij~ing placing ne+F~ material in the area le~~:eling ~arith a straight edge. hand a+ratering and coi7~pacting b Approximately once a month the net should be remo~~red and the court drag brushed se+reral times in a lengthavise pattern If any excess material ~r~rhich has collected in the net line remains folloti+ring this brushing it should be scraped le+;el ~+rith the adjacent area and removed 6 The HydroCourt s stem is installed ~~+rith continual system acti~~~ation that pro~ides a constantly maintained ~~+rater le+rel for each cell This alloy+rs moisture to more by capillary action from the crushed stone base to the geote~ctile cloth ~~+;hich co~~~ers it and through the geotex~tile to the stone screenings and Hydroblend surface If an area of the court becomes relati+rely dry then the float ~~ral~~re in the corresponding control box located outside the court should be slightly adjusted to raise the ~~+rater le+rel This is accomFlished by plugging the outlet Pipe to the cell ~+rith the cap Plug ifound in the box; abser~r~ing the current ~~+rater le~~;el 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 one-eighth inch or less i;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+;n~~+rard in the same incremental manner W~~lch'1'cnr~is Courts 1-$OU-282-4415 111;t()~~:~4TElCj1(N11IlIti.(~U111 Fn~s~~, r;c~remter'C. 2C7? ~ : ~ :.. 1. Brushing: Brush in the morning before play brush in the afternoon and if staffing permits. brush in the e••rening after play is over Brushing is most effective ~,~~hen the court is dry DO PJOT brush in circles if`a+ihen pulling broom behind a cart 'v"4'alking 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 ha+re 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 e+very t+,vo ~~+reeks This may be more if they are soft. Rolling also presses the excess course material back in to the surface saving on material usage Roll the perimeter of the court as ~;•;ell as inside the lii7es The perimeter usually needs rolling i77cre than the 17ea+;il~•; used areas 4. Patching: The mare play a court gets the more it avill need netiv material added to the baseline area and ser,ice boxes b"Then ~+ratering observe the last areas to dn,~ on a non-~,vindy da~•; This ~~+;ill indicate lo~,v areas of the surface that need new material added 5. Top-Dre$sing: Ttir~rice a year the courts should he cleaned of excess dead material and top-dressed with one to tons of new material hJev4 material is ~,~atered in then rolled each day for the first couple of v;eeks to insure that it bonds to the existing surface. ~~IC~I ~1~~'ItlllS ~~Utiifti 1-800-~$~ -4•~' 1 B aril ~:~±:tt~elcllkenniy.cc-in RED=_:I~=TE= i ~I~~!Y IFi "'he ccurtccnsists efthrEe main cem;,cnenta: a Perimeter curt;- „hich Fre•:Ents erosion and holds the court in Place: a stone base- ~,. hich act= as both a drainage area and moisture rESer: cir: and the fast dry Flaying =urfacE. Far someone taking ca rE e f a F reFErh r co nstru ctEd fast dry court, th E first t•,~: c elements sh cu id ra reh; . if E•: Er, need tc bE considered. -he fast dr,~ surface itself is the Fart cfthE court •::hich rE~FuirES regular attention. Faster, i`:~1a~enal '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}F green calerEd dEFcsit-his rcci; is then ground into a range of finely graded Particles •,•, ith the smaller dust si~E Particles acting as a echoer: E material „hen moist and the larger Farticfe3 Providing drainage. -hE fast dr}~ surface is Preserved in a firm, unified layer b}~ the Presence cf moisture and the application. ~~rhen rE~uired, of compaction. General Dail}~ P,9ainten,~nce ++. fast dn~ clay tennis court rE-yuirES rtigularcarE. Other than times of inclement •,~ Bather ar ,:•hen a court has CEEn closed for the ~,°; inter, this n~~Ear,, Bait}" irrigation and maintenance. Even ifthe court has nc irrigation and maintenance should still t;E done. -he Primar}~ daily maintEnanca acti: rt Eslare brush rig and3 tilling. IEd for Flay. "'hE ideal sEauencE for maintaining a court is t: rushing. •,•; attiring and rclling.'his is freauent)y difficuttto dc. since most ~,•~ atEring is done during the night and nc cnE ma;; bEavailablEtc Crush the court atthE End afthE Previous da;~ s Flay. Ho',. Ever, if Passib~. this order of actions is best t:ecausE brushing hEIFs iEvEland fill in imperfections in the fast dry court surface. ~.~°ti~BtEr',': ilitEnd tc sEtthES° imperfections ifthEy are not corrected. .Ise. a damF court is hardertc redistribute surface granular cn to fill in indentations er lE°: EI small File3 of fast dr;: Brushing It is impcrtanttc notethat brushing may be done ~, ith several differentpiECes ofeyuipment. depending en theExisting court surface condition and the desired Haying surface.'hEtraditicnaltce! is a s.EvEn feet •,-: ide drag brush ~,~ ith bn?tlea cf •:ar~~ing stiffness. He'~YE': Ef, drag mats of GGUrt f8ke3 m8}' 8lsc bE Used a~ ie•rEling and grcan~ing devices. -he drag brush is usuallya ~; en~ good tcclto use cn overhead irrigated ~.spr~r,klers;;=tom; courts.'hESE courts are IikEtti~tc have minima! excess surface dampness Earh; in the morning ~•,"~ hen brushing is fre;uentfL• don. and additional!; generate a good amount of IccsE granular rnaterialsimPh~ fram pla;~. On subsurface irrigated court?. hctvEvEr, the dreg brush may tend tc bECCmEClegged •,°.ith damp surfacEmaterial, andthGbrushthen looses its abilit;: to prcFert}~!E•:Elthecourt lien stiff bristled brushes are Prcneto thi= result Generally, the harder and smoother a fast dr}~ surface is. the stifferthE brush er cthertccl should l; E. u.ll fast dr~~ courts shou ld ha •: e a thin IayEr of IecsE grams lar materia I en the su rfacE. ft is this IcesE materia I that allc',•;s a p layer s fe ct to s IidE, and it also provides texture •,~ hich affects the bounce of thetennis bail t.laintaining a fast dr}~ claytennis court does net rE~uire any gnat Effort er exFErience. n does r~uire continual obser, aticn cambinEd :~: ith Frei. entive ma intenan ce measures..~~ith a bas is u n der=ta nding o f the n ature c f the cc u rt a nd ho',": it reacts to certain conditions, ccn~mon sense can Fre~: ide a guideline fcrthcsE maintEnan.cE Procedures. RESOLUTION NO. 20x7-26432 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 CITY'S FLAMINGO AND NORTH SHORE TENNIS 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 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. 7-06!07 for Comprehensive Professional Tennis Management and Operations at the City's Flamingo and North Share Tennis Centers was issued 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 • 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; 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; (3}Greensquare, Inc; and {4) The Tennis Group; and WHEREAS, °atricio Apey's Tennis Academy was deemed non-responsive because it failed to provide cost information; and WHEREAS, it was the Committee's overaN 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 Committee's rankings, 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. 07-06/07, for Comprehensive Professional Tennis Management and Operations at the City's Flamingo and North Shore Tennis Centers; Authorize the Administration to 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: ~ ~- ~y ~~ CITY CLERK Robert Parct-er T:IAGENDA~20071jan17071ConsentlRFP-07-06-07 Tennis Management - Resolution.doc AppRpVED AS TO FARM >°K ~Nr~"UAdFE COMMISSION IIHrA SUMMARY Accept the City Manager's Recommendation Pertaining to the Ranking of Proposals Pursuant Request For Proposals No.07-06107, For Comprehensive Professional Tennis Management And 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 I n 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 Gity Manager's recommendation? ~ item On October 11, 2006, the Mayor and City Commission approved the issuance of Request for Proposals (RFP) No. 07-06!07 for Comprehensive Professiona! Tennis Management and Operations at the City'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 of five {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. tt was the Committee's overall 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 contractor's qualifications, experience, and competence, and ranked the firms accordingly and unanimously recommended Greensquare, Inc. ACCEPT Financial Information: Source of Amount Account Approved. Funds: ~ 2 3 4 OBPI Total Financial Impact Summary: Sign-0ffs: Dep mant Director Assistant City Manager City Manager GL KS PDW ~~ JMG T:IAGENDA\20~7yan 17o71ConsentlRFP-07-06-07 Tennis Management - Summary.doc /~ ~ ~ ~~~ ~ AOEAtaA i7E1N ~~- r ~, DATE I'"I ~~O m MIAMIBEACH City of Miami Beecfi, 1700 Convention Cerrtar Drive, Miami Beach, Florida 33139, www.miamiheachfl.gav 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. 07-06/Q7, FOR COMPREHENSIVE PROFESSIONAL TENNIS MANAGEMENT AND OPERATIONS AT THE CITY'S FLAMINGO AND NORTH SHORE TENNIS 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 8~ SON D!B!A M 8~ S TENNIS; 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 City's Flamingo and North Shore Tennis Centers. The RFP requested proposals from experienced and qualified tennis center management groups or individuals for the exGusive 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. 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-to-year basis. 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-07-06/07 January 17, 2007 Page 2 of 7 RFP No. 7-06!07 was issued on October 3i, 2006 with an opening date of December 5, 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'S TENNIS ACADEMY 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 • 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 on the scope of services. The Committee members were also provided 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 Apey's 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 of the Performance Evaluation Surveys (20 points). 5. Interview of Group or individual personnel (15 points). 6. Fee proposal {10 points). Commission Memorandum - RFP-07-06/07 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's first-place votes wilt be ranked based on the total low aggregate ranked score. !t was the Committee's overall 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 the contractor's qualifications, experience, and competence, and ranked the firms accordingly and unanimously recommended Greensquare, Inc. The final scoring was as follows: CQN4PStEtiENBCYf PROiF~ SSIONAL , Tlc~lf~~ _ ;' ~ : ~~~~ A-!!~~ Cesar Anna tOW : Cynthia Dalares Terry Andrew Garcia- Cecilia Raj AGGREGATE QPEItATtOl~S Casanova Hirsh Jonas Plotkin Pons Velasco Verma TOTALS TOTALS Ff2ANCI SC0 i j ------ MONTANA 85 2 74 2 76 2 69 2 94 2 67 2 75 4 "' 540 I 16 ~ ' ALBERT MORA B7 f3) I 61 4 67~3~ _ 573 * 91 4 64 3 76 2 483 I 22 GREENSQUARE, 100 INC 94 1 91 1 1 i ! 86 {1 96 1 90 1 80 1 637 7 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. RE`F ~ tl~-0B-~7 #'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/a M & S TENNIS 3. ALr3ERT MORA 4. THE TENN15 GROUP Commission Memorandum -RFP-07-06/07 January 97, 2007 Page 4 of 7 It should also be noted that Greensquare is currently managing the City's Tennis 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 posting of service fees with clear 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 of tennis or a "Breakfast at Wimbledon" activity that will attract residents and guests to visit the tennis centers. • The development and implementation of a FREE workshop/clinic (half day on a weekend} on aquarterly or bi-annual basis for underprivileged Miami Beach children to have a chance to be exposed to the sport. CONCLUSION The Administration recommends that the Mayor and City Commission accept the recommendation of the City Manager pertaining to the ranking of proposals pursuant to Request for Proposals {RFP) No. 7-06/07, for Comprehensive Professional Tennis Management and Operations at the City's Flamingo and North Shore Tennis Centers; 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/b/a M 8 S Tennis; and further Authorize the Mayor and City Clerk to execute agreement upon conclusion of successful negotiation by the Administration. T-~AGENDA120071jan17071ConsentlRFP-07-06-07Tennls Management -Memo.doC Commission Memorandum - RFP-07-06/07 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 (1-10) 6) Rate the cleanliness of the facility and the maintenance of the courts and surrounding areas (1-10) 7) Ability to operate an efficient Pro Shop {1-10) 8 tiow would ou rate the overall service rovided 1-10 Company Name Client Providin Surve .Survey Crltaria Avg. sCO~ Totat g y 1 2 3 4 5 B 7 8 Per SuNey p ~'. Score 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 9.87 GREEN SQUARE Parke Lutter 10 10 10 10 10 10 1 D 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 1 D 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 1~0 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 1 D ___ __ Jimm Resnik _ ____ ~ _ 4 10 10 10 10 10 10 10 10 __ 10 Artic Ice Cream 10 10 10 i 10 10 10 10 10 10 tJni ue S oils Products nla nla n/a 10 nla n/a ' n/a ~ nla 10 _ Rochelle McCartne 10 10 9 10 10 10 10 14 9.875 SET-USA Tennis 10 10 10 10 10 10 10 10 10 S Ivan Schatz,M. D 10 10 10 10 _ 10 10 10 10 10 Commission Memorandum - RFP-07-06/07 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 (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) 6} Rate the cleanliness of the facility and the maintenance of the courts and surrounding areas (1-10) 7} Ability to operate an e~cient Pro Shop (1-10) 8 How would ou rate the overall service rovided 1-10 Company Name Client Providing Survey Survey Criteria Score Total Avg. 1 2 3 4 6 6 T t3 Per Surve Score Pe~Si Cola n!a n/a n/a n/a nJa n/a n/a 10 10 David Lifshultz 10 10 10 10 10 ' 9 10 10 9.88 Sarah I. Deben 10 10 10 10 10 10 10 10 ~ 10 Joelle Kheel 1D nJa 10 ' n/a 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 _ P_ortia_ 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 ~_ Harve Katz 10 10 10 10 10 10 10 10 10 in prior page Damelle Firn on 10 10 10 10 10 10 10 10 10 Daine Petine 10 1 D 10 10 10 10 10 10 10 Anne Shatas 10 10 10 10 10 10 10 10 1 D Yvonne Ke le 9 10 9.5 10 9.5 _ __ 9 _ 10 _ 10 9.63 Dion Williams 10 10 10 10 9 9 10 10 9.75 Mark Gratt 1 D 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 Shinbaum ~a ry 9 10 9 10 10 9 8 9 9.25 . Marsha Bil in 10 ' 1D 10 10 10 8 n/a 10 9.71 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 - RFP-07-06/07 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) f) Rate the cleanliness of the facility and the maintenance of the courts and surrounding areas (1-10) 7) Ability to operate an efficient Pro Shop (1-10) S How would ou rate the overall service rovided 1-10 Company Name Client Providing Survey Survey Criteria Avg. Score .Total Avg. S t 2 3 4 5 6 7 i3 Per Sunre core . Charles Heilbrunn M.D 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 9.25 ABC Movin Inc. 10 10 10 10 10 10 10 10 10 Leo ~ Urzula Mazzini 10 10 10 10 8 7 7 8 8.75 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 Vick Peratico ~ 10 10 10 10 10 9 ~ 10 10 9.88 in first page Adriana Chen 10 10 10 10 10 10 10 10 10 Warren Te er 8 10 9 10 8 8 9 9 8.88 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 Zrir~_ ___-___-_~ 10 - ', 1Q 10 '0 10 10 10 10 10 KEY POINTS OF GREENSQUARE PROPOSAL SUBJECT TO NEGOTIATIONS Greensquare for the past five years has been operating with the City of Miami Beach under the terms of a minimum guarantee of $4,000 per month or 10% of gross revenues (which ever is mare) for North Shore and Flamingo Park Tennis Centers. In contrast, for the new RFP, Greeensquare proposes a guarantee of $4,000 per month for both clubs {specifically $2,000 far North Shore Tennis Center and $2,000 for Flamingo Park Tennis Center) and 10% of Grass Revenues at $800,040 and above. Existing Greensquare programs: Junior Programs • Academy After School Program (advanced ages 8 to 18) • Junior Academy After School Program {beginners to advanced-intermediate ages 8 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) • Men and women's league tennis (all levels) • Match tough {4.5 players and above) + Tennis ladder Scholarships and Donations Greensquare (namely "fom Mar, James Bollettieri and Victor Weithorn} in the past five years have helped many kids experience high-level tennis training through scholarships and donations from Greensquare. 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 $326,72$ 2003 $508,137 2004 $639,811 2005 $657,443 Our projected gross revenue for the next three (3) years of our contract is as follows: 2007 $ 907,443 2008 $1,057,443 2009 $1,157,443 REQUEST FOR PROPOSALS COMPREHENSIVE PROFESSIONAL TENNIS MANAGEMENT AND OPERATIONS AT THE CITY'S FLAMINGO AND NORTH SHORE TENNIS CENTERS. RFP # 07-06/07 RFP DUE DATE: December 5, 2006 at 3:00 P.M. Gus Lopez, CPPO, Procurement Direcfor PROCUREMENT DIVISION 1700 Convention Center Drive, Miami Beach, FL 33139 www.miam ibeachfl.gov F:IPURCI$ALL1MarialRFP'S106-071RFP 07-06-07.doc m MIAMIBEACH RFP No: 07-D6l07 1 of 53 m MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov PROCUREMENT DIVISION PUBLIC NOTICE Tel: 305-673-7490, Fax: 305-673-7851 Comprehensive Professional Tennis Management and Operations at the City's Flamingo and North Shore Tennis Centers. Request for Proposals (RFP) No. 07-06107 This Request for Proposals (RFP) seeks to receive 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 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 more specifically described in Exhibit 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 U.S. Mail, or any other occurrence. 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 Manager's Large Conference Room, 4th Floor 1700 Convention Center Drive Miami Beach, Florida. October 31, 2006 City of Miami Beach RFP No: 07-06/07 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: www.rfpdepot.com If you do not have Internet access, please contact the RFP Depot's vendor support group at 800- 990-9339 or 801-765-9245. 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 pre-Proposal submission meeting via telephone must follow these steps: (1) Dial the TELEPHONE NUMBER: 1-800-915-8704 (Toll-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 a-mail to mestevez@miamibeachfl.gov expressing 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: http://www.miamibeachfl.gov/newcity/depts/purchase/bidintro.asp • 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.2003-3389 & 2004-3446 • LOBBYIST REGISTRATION AND DISCLOSURE OF FEES -- ORDINANCE NO. 2002- 3363. • LIVING WAGE REQUIREMENT--ORDINANCE NO. 2001-3301. 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 contract with 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 ($8.56/hour) when a covered employer also provides health benefits, 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 City of Miami Beach RFP No: 07-06/07 3of53 m MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachFl.gov PROCUREMENT DIVISION NOTICE TO PROSPECTIVE BIDDERS Tel: 305-673-7490, Fax: 305-673-7851 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 pre-proposal 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 completed form, may result in your firm being removed,from the City's bid list. October 31, 2006 City of Miami Beach RFP No: 07-06/07 4af53 m MIAMIBEACH City of Minmi Beath, 1700 Convention Center Drive, Miami Beach, Florida 33139, w~ww.miamibeachfl.gov PROCUREMENT DIVISION Tel: 305-673-7490, Fax: 305.673-7851 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. Pre-Proposal Submission Meeting 7 F. Contact Person 7 I1. SCOPE OF SERVICES 9-10 lil. PROPOSAL FORMAT 11-12 IV. MINIMUM REQUIREMENTS /QUALIFICATIONS 13 V. EVALUATION/SELECTION PROCESS/ 14 CRITERIA FOR EVALUATION VI. LEGAL TERMS AND CONDITIONS I INSURANCE 15-19 VII. QUALIFICATION DOCUMENTS TO BE COMPLETED AND RETURNED TO CITY 20-30 -Insurance Check List 20 -Cost Information 11 -Organizational Chart -Risk Assessment Plan -Acknowledgment of Addenda 22 -Declaration 23 -Sworn StatementlSection 287.133(3)(a), Florida Statutes -Public Entity Crimes 24-25 -Questionnaire 26-30 VII. DOCUMENTS TO BE COMPLETED BY CUSTOMERS OF THE RESPONDENTS 32-33 - Performance Evaluation Letter 32 -Performance Evaluation Survey 33 -Declaration: Nondiscrimination in Contracts and Benefits 51-53 October 31, 2006 City of Miami Beach RFP No: 07-06107 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's Parks and Recreation 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 individual with the experience, and qualifications; the ability; capability, and capacity; and proven past successful performance in providing comprehensive professional tennis management and operations services at the two (2) City's tennis centers located at Flamingo Park 11th Street and Jefferson Avenue and North Shore Park located at 501 72~d Street. Proposers must 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. 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 Pre-Proposal Conference Deadline for receipt of questions Deadline for receipt of responses Evaluation committee meetings Commission approval/ authorization of negotiations Contract negotiations Projected award date Projected contract start date October 31, 2006 November 17, 2006 November 24, 2006 December 5, 2006 @ 3:00 p.m. December, 2006 January, 2007 January, 2007 March, 2007 April, 2007 D. PROPOSALS SUBMISSION An original and ten (10) copies of Group or individuals' proposal will be received until 3:00 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 Beach, Florida 33139 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-mail responses will be considered. October 31, 2006 RFP No: 07-06107 City of Miami Beach 6of53 The responsibility for submitting a response to this RFP to the Procurement Division on or before 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. PRE-PROPOSAL SUBMISSION MEETING 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 Manager's 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: 1-800-915-8704 (Toll-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-mail 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: 305.673.7490; fax: 305.673.7851; or a-Mail: mestevez@miamibeachfl.gov. The City's Procurement Director is authorized by the 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 a-mail requests are acceptable. Please sent all questions to mestevez@miamibeachfl.gov and copy the City Clerk's office RobertParcher a(~,miamibeachfl.gov. 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 City of Miami Beach RFP No: 07-06/07 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-to-year basis. 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. In the event that the contract is held over beyond the term herein provided it shall only be from a month-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 (CPI-U) as published by the U.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. 07-06/07 City of Miami Beach Bof53 SECTION II -- SCOPE OF SERVICES A. Premises to be managed: The City-owned Flamingo Tennis Center located at 11th Street and Jefferson Avenue, and North Shore Tennis Center located at 501 72"d 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 offered by the City's exclusive vending machine concessionaries and as more specifically 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 league(s). • 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 RFP No: 07-06/07 City of Miami Beach 9of53 h. Marketing, promotion and advertising of the City's Tennis Centers to residents, day guests and Miami Beach hotels. i. Provision of summer and specialty camps based the established Recreation Division format. j. Must adhere to all City of Miami Beach established tennis center fees, regulations and rules. k. Tennis professionals must posses and maintain an occupational license. I. Collection and accounting of all revenues. m. Payment and accounting of all expenses in a timely manner. n. Formulation and implementation of operating programs, business plans, and budgets. o. Handling of personnel including employment, (including certified background investigations), training, and terminations. p. Preparation of monthly and annual financial operating Statements in a format acceptable to the City. q. Operate the tennis centers facilities as determined by established professional tennis management best practices and the City. r. At minimum comply with the City's facility and courts. maintenance standards as established by the City and the tennis courts manufacturer's standards and guidelines for hydro-courts or other tennis court systems to be installed. Should there be a need for a refund the City will provide the successful proposer with a "bank" of ten (10) dollars in cash for each managed tennis center. The successful proposer will distribute refunds due to any malfunction of the Vending Machines being provided by Brother's Vending, Inc. An itemized refund list, including the amounts and names of the persons the funds were refunded to, will be maintained by the successful proposer and will be presented to the City's Contract Administrator when the bank at either center is reduced by 80%, at that point the City (Asset Management) will replenish the bank the expended amount to bring the balance back to ten (10) dollars. C. Fees Structure: The Group or individual will collect all revenues generated at the Flamingo and North Shore Tennis Centers on behalf of the City and deposit them into an account established by the City. The City will then pay the Group or individual a negotiated percentage of the revenue from said account for the services stipulated in the Agreement. The City will be guaranteed and shall retain its negotiated percentage of gross receipts / revenue for both tennis facilities. The agreed upon percentages may be adjusted if addressed at the time of the initial the agreement negotiation for the period of time the Flamingo Park Tennis Center is closed for construction and remain in effect until the Flamingo Tennis Center is reopened. (This section is subject to revision). D. Term: Three (3) years, with two (2) one-year extensions on a year to year basis at the City's option. Additionally, the City shall have the option to terminate this Agreement at the conclusion of the second year at its convenience and without cause and/ orany time at the City's convenience and without cause with sixty (60) days written notice to the Group or individual It shall also be the City's option to suspend the terms and conditions of this Agreement during the period the Flamingo Tennis Center is under construction and resume it when the Center reopens, with no impact to the City or Group or individual. E. Customer Service Standards: All City employees have been trained and are expected to perform to the City of Miami Beach's customer service standards. All vendors and contractors that are partnered with the City are also expected to perform and comply with October 31, 2006 RFP No: 07-06/07 City of Miami Beach 10 of 53 these customer service standards. The customer service standards are provided below and are segmented based on different forms of customer interactions. Information is also provided on how these customer standards are monitored. Telephone • Telephones will be covered at all customer-contact points during normal business hours answering within the third ring. • Phone messages received will be responded to (if requested) in a timely manner, two business days, even if just to acknowledge receipt. An estimate of time to resolve the problem to be given if applicable. • Calls coming from external sources will be answered with a consistent greeting such as "Good morning, City of Miami Beach, John Smith, may I help you?" • Employee will take responsibility for providing a solution and/or options to the customer's request. • Request permission from the caller before transferring a call, provide the caller with the name and number of the person being transferred to, and stay on the line to announce the caller to the person receiving the transfer. If the transfer cannot be accomplisher (busy, no answer or the person is unavailable), the employee will reconnect with the caller and ask if they want to leave a message. • Voice mail messages will include employee's full name, working hours, and optional phone number to call. When employee is away for an extended period of time, the voice mail message will communicate such absence and offer an option for the caller. • Thank the customer for calling and ask if further assistance is needed prior to concluding the call Written Correspondence • Correspondence start with a greeting • E-mail signatures (e-mail} will include the name, title, department, division, and contact number. • Activate the a-mail Out-of Office Assistance when away from the office for and extended period of time. • Acknowledge a-mails and faxes that require a response within two business days. • Respond to letters within 10 business days. • Use correct spelling and grammar, including accurate name and address. • Provides complete, accurate, and precise information regarding their inquiry. • Fax cover sheets will be legible and include name, telephone number, and the name and fax number of the receiver. Personal Contact • Respond to customers in a courteous manner... the customer is not always right, but always deserves to be treated with respect. October 31, 2006 City of Miami Beach RFP No: 07-06/07 11 of 53 • Provide accurate and understandable solutionsloptions to customer requests or directs the customer to the appropriate person who may have knowledge in the subject matter. • Average or maximum wait time without an appointment should be no longer then 30 minutes or scheduled for a mutually convenient time. • Counter will be staffed during business hours. • Employees will dress in attire that is professional, tasteful, appropriate and consistent with the individual departmental policies. Monitoring our Standards • Our customer service team will oversee all customer service standards. • If we do not meet our standards, we will implement an action plan to improve our service. • We will listen and do all we can to resolve issues. • For questions and/or concerns, contact the Answer Center at 305-604-CITY. October 31, 2006 RFP No: 07-06/07 City of Miami Beach 12 of 53 SECTION I!I -PROPOSAL FORMAT Proposals must contain the following documents, each fully completed, and signed as required. If any items are omitted, Groups or individuals must submit the documentation within five (5) calendar days upon request from the City, or the proposal shall be deemed non-responsive. The City will not accept cost information after deadline for receipt of proposal. Table of Contents Outline in sequential order the major areas of the proposal, including enclosures. All pages must be consecutively numbered and correspond to the table of contents. 2. Proposal Points to Address: Proposer must respond to all minimum requirements listed below. Proposals which do not contain such documentation may be deemed non-responsive. a) Introduction letter outlining the Group or individuals professional specialization, provide past experience to support the qualifications of the submitter. Interested Group or individuals should submit documents that provide evidence as to the capability to provide comprehensive professional tennis management and operations. b) Cost Information: Cost information must be submitted using "Exhibit C" on page 42, and if selected as successful group or individual, cost will be negotiated. c) Client Survey: Please provide your client with the Performance Evaluation Letter and Survey attached herein on pages 35 and 36, and request that your client submit the completed survey to the contact person listed on page 7. d) Past Performance Information: Past performance information will be collected on all groups or individuals. Groups or individuals are required to identify and submit their best projects. Groups or individuals will be required to send out Performance Evaluation Surveys to each of their clients. Groups or individuals are also responsible for making sure their clients return the Performance Evaluation Surveys to the City. The City reserves the right to verify and confirm any information submitted in this process. Such verification may include, but is not limited to, speaking with current and former clients, review of relevant client documentation, site-visitation, and other independent confirmation of data. Surveys must be submitted directly by clients. If surveys are received from the proposers, it will not be accepted. e) Qualifications of Groups or individual: Provide an organizational chart of all personnel and consultants to be used on this project and their qualifications. Aresume of each individual, including education, experience, and any other pertinent information shall be included for each team member to be assigned to this project f) Risk-Assessment Plan (RAP): All groups or individuals must submit a Risk-Assessment Plan. The Risk- Assessment Plan must not be longer than two pages front side of page only. The RAP should not include any information that would identify the group or individual or marketing material (product manufacturer names, etc.) It will be included in a separate envelop along with the group or individual's proposal. Please see "Exhibit D" on pages 43-46 for Risk Assessment Plan Guide and Risk Assessment Plan October 31, 2006 RFP No: 07-06/07 City of Miami Beach 13 of 53 Format. The RAP should address the following items in a clear and generic language: (1) What risks the project has. (Areas that may cause the group or individual not to finish on time, not finish with budget, cause any change orders, or be a source of dissatisfaction with the owner). (2) Explanation of how the risks will be avoided/minimize. (3) Propose any options that could increase the value of this project. (4) Explain the benefits of the Risk Assessment Plan. Address the quality and performance differences in terms of risk minimization that the City can understand and what benefits the option will provide to the user. No brochures or marketing pieces. 3. Acknowledgment of Addenda: (IF REQUIRED BY ADDENDUM) and Proposer Information forms (Pages 20-30); October 31, 2006 City of Miami Beach RFP No 07-06107 14 of 53 SECTION IV -MINIMUM REQUIREMENTS !QUALIFICATIONS In order to be deemed qualified for consideration, the proposing group or individual must: Have a minimum of five (5) years of experience within the last ten (10) years in the following tennis related fields: a. Management and/or operation of a tennis center of similar quality, facilities and amenities of the Flamingo or North Shore Tennis Centers. b. A minimum of five (5) years of experience within the last ten (10) years in the provision of professional tennis lessons (private, group, and clinic) for youth and adults. The City will require the Head Teaching Professional to be certified Tennis Professional by USPTA and/or USPTR. Alf assistants must demonstrate a knowledge and experience in tennis instruction and related activities. The Head Tennis Professional and/or Center Manager(s) must demonstrate knowledge and experience in tennis instruction and related activities, facility management, tennis court maintenance and related activities, as well as, knowledge of the legal requirements that are involved in this type of operation. c. Pro shop operations, including tennis lessons, equipment repairs, food and beverage and merchandise sales. Documented evidence of tennis (hard surface, hydro-court and/ or clay) courts maintenance experience and operations. Possess and demonstrate a record of financial responsibility commensurate with the obligations contemplated under this RFP. Possess a competent record of employment or history of contract service in the operation of a similar tennis facility business as verified and supported by references, letters, and other necessary evidence from all employers and/or public agencies, including but not limited to disclosure of all non contract renewal for management and/or operation of tennis facilities. A Performance Bond or irrevocable Letter of Credit in the amount of $25,000 shall be required prior to the final execution of the Agreement October 31, 2006 RFP No: 07-D6/D7 City of Miami Beach 15 of 53 SECTION V -EVALUATION/SELECTION PROCESS The procedure for response evaluation and selection will be as follows: • RFP issued. • Receipt of responses. • Opening and listing of all responses received. • An Evaluation Committee, appointed by the City Manager, shall meet to evaluate each response in accordance with the requirements of this RFP. If further information is desired, respondents may be requested to make additional written submissions or oral presentations to the Evaluation Committee. • The Evaluation Committee will recommed to the City Manager the response(s) which the Evaluation Committee deems to be in the best interest of the City by using the following criteria for selection: 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 of the Performance Evaluation Surveys (20 points). 5. interview of Group or individual personnel (15 points). 6. Fee proposal (10 points). • The City may request, accept, and consider proposals for the compensation to be paid under the contract only during competitive negotiations. • After considering the recommendation(s) of the Evaluation Committee, the City Manager shall recommend to the City Commission the response or responses acceptance of which the City Manager deems to be in the best interest of the City. The City Commission shall consider the City Manager's recommendation(s) in light of the recommendation(s) and evaluation of the Evaluation Committee and, if appropriate, approve the City Manager's recommendation(s). The City Commission may reject City Manager's recommendation(s) and select another response or responses. In any case, City Commission shall select the response or responses acceptance of which the City Commission deems to be in the best interest of the City. The City Commission may also reject all proposals. • Negotiations between the selected respondent and the City take place to arrive at a contract price. If the City Commission has so directed, the City may proceed to negotiate a contract price with a respondent other than the top ranked respondent if the negotiations with the top ranked respondent fail to produce a mutually acceptable contract price within a reasonable period of time. A proposed contract or contracts are presented to the City Commission for approval, modification and approval, or rejection. October 31, 2006 City of Miami Beach RFP No 07-06/07 16 of 53 If and when a contract or contracts acceptable to the respective parties is approved by the City Commission, the Mayor and City Clerk sign the contract(s) after the se{ected respondent(s) has (have) done so. Important Note: By submitting a response, all contractors shall be deemed to understand and agree that no property interest or legal right of any kind shall be created at any point during the aforesaid evaluation/selection process until and unless a contract has been agreed to and signed by both parties. October 31, 2006 City of Miami Beach RFP No, 07-06/07 17 of 53 SECTION VI -LEGAL TERr11S AND CONDITIONS /INSURANCE A. MODIFICATIONIWITHDRAWALS OF SUBMITTALS A group or individual may submit a modified response to replace all or any portion of a previously submitted response up until the RFP due date and time. Modifications received after the RFP due date and time will not be considered. Responses shall be irrevocable until contract award unless withdrawn in writing prior to the RFP due date or after expiration of 120 calendar days from the opening of responses without a contract award. Letters of withdrawal received after the RFQ due date and befcre said expiration date and letters of withdrawal received after contract award will not be considered. B. RFP POSTPONEMENTICANCELLATION/REJECTION The City may, at its sole and absolute discretion, reject any and all, or parts of any and all, responses; re-advertise this RFP; postpone or cancel, at any time, this RFP process; or waive any irregularities in this RFP or in any responses received as a result of this RFP. C. COST INCURRED BY FIRMS All expenses involved with the preparation and submission of responses to the City, or any work performed in connection therewith, shall be the sole responsibility of the group or individual (s) and not be reimbursed by the City. D. EXCEPTIONS TO RFP Group or individuals must clearly indicate any exceptions they wish to take to any of the terms in this RFP, and outline what alternative is being offered. The City, after completing evaluations, may accept or reject the exceptions. In cases in which exceptions are rejected, the City may require the consultant to furnish the services or goods originally described, or negotiate an alternative acceptable to the City. E. SUNSHINE LAW Firms are hereby notified that all information submitted as part of a response to this RFP will be available for public inspection after opening of responses, in compliance with Chapter 286, Florida Statutes, known as the Florida Government in the Sunshine Law. NEGOTIATIONS The City may award a contract on the basis of initial offers received, without discussion, or may require consultants to give oral presentations based on their responses. The City reserves the right to enter into negotiations with the selected consultant, and if the City and the selected consultant cannot negotiate a mutually acceptable contract, the City may terminate the negotiations and begin negotiations with the next selected consultant. This process may continue until a contract has been executed or all responses have been rejected. No consultant shall have any rights in the subject project or property or against the City arising from such negotiations. October 31, 2006 RFP No: 07-06/07 City of Miami Beach 18 of 53 G. PROTEST PROCEDURES Firms that are not selected may protest any recommendation for selection of award in accordance with City of Miami Beach Ordinance No. 2002-3344, which establishes procedures for protesting the City Manager's recommendation. Protest not timely pursuant to the requirements of Ordinance No. 2002-3344 shall be barred. H. RULES; REGULATIONS; AND LICENSING REQUIREMENTS Firms are expected to be familiar with and comply with all Federal, State and local laws, ordinances, codes, and regulations that may in any way affect the services offered, including the Americans with Disabilities Act, Title VII of the Civil Rights Act, the EEOC Uniform Guidelines, and all EEO regulations and guidelines. Ignorance on the part of the consultant will in no way relieve it from responsibility for compliance. DEFAULT Failure or refusal of a consultant to execute a contract upon award by the City Commission, or untimely withdrawal of a response before such award is made and approved, may result in forfeiture of that portion of any surety required as liquidated damages to the City; where surety is not required, such failure may result in a claim for damages by the City and maybe grounds for removing the consultant from the City's vendor list. J. CONFLICT OF INTEREST All consultants must disclose with their response the name(s) of any officer, director, agent, or immediate family member (spouse, parent, sibling, and child) who is also an employee of the City of Miami Beach. Further, all consultants must disclose the name of any City employee who owns, either directly or indirectly, an interest of ten (10%) percent or more in the consultant or any of its affiliates. K. COMPLIANCE WITH THE CITY'S LOBBYIST LAWS All Proposers are expected to be or become familiar with all City of Miami Beach Lobbyist laws, as amended from time to time. Proposers shall ensure that all City of Miami Beach Lobbyist laws are complied with, and shall be subject to any and all sanctions, as prescribed herein, in addition to disqualification of their Proposals, in the event of such non-compliance. L. CONSULTANT'S RESPONSIBILITY Before submitting responses, each consultant shall make all investigations and examinations necessary to ascertain all conditions and requirements affecting the full performance of the contract. Ignorance of such conditions and requirements resulting from failure to make such investigations and examinations will not relieve the successful consultant from any obligation to comply with every detail and with all provisions and requirements of the contract documents, or will be accepted as a basis for any claims whatsoever for any monetary consideration on the part of the consultant. M. RELATION OF CITY It is the intent of the parties hereto that the successful consultant be legally considered to be an independent consultant and that neither the consultant nor the consultant's employees and agents shall, under any circumstances, be considered employees or agents of the City. N. PUBLIC ENTITY CRIME (PEC) A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crimes may not submit a bid on a contract to provide any goods or services October 31, 2006 RFP No: 07-06/07 City of Miami Beach 19 of 53 to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a firm, supplier, sub-firm, or consultant under a contract with a public entity ,and may not transact business with any public entity in excess of the threshold amount provided in Sec. 287.017, for CATEGORY TWO ($25,000.00) for a period of 36 months from the date of being placed on the convicted vendor list. O. ASSIGNMENT The successful consultant shall not enter into any sub contract, retain consultants, or assign, transfer, convey, sublet, or otherwise dispose of this contract, or of any or all of its right, title, or interest therein, or its power to execute such contract to any person, firm, or corporation without prior written consent of the City. Any unauthorized assignment shall constitute a default by the successful consultant. P. INDEMNIFICATION The successful consultant shall be required to agree to indemnify and hold harmless the City of Miami Beach and its officers, employees, and agents, from and against any and all actions, claims, liabilities, losses and expenses, including but not limited to attorneys fees, for personal, economic or bodily injury, wrongful death, loss of or damage to property, in law or in equity, which may arise or be alleged to have arisen from the negligent acts or omissions or other wrongful conduct of the successful consultant, its employees, or agents in connection with the performance of service pursuant to the resultant Contract; the successful consultant shall pay all such claims and losses and shall pay all such costs and judgments which may issue from any lawsuit arising from such claims and losses, and shall pay all costs expended by the City in the defense of such claims and losses, including appeals. R. TERMINATION FOR DEFAULT If through any cause within the reasonable control of the successful consultant, it shall fail to fulfill in a timely manner, or otherwise violate any of the covenants, agreements, or stipulations material to the Agreement, the City shall thereupon have the right to terminate the services then remaining to be performed by giving written notice to the successful consultant of such termination which shall become effective upon receipt by the successful consultant of the written termination notice. In that event, the City shall compensate the successful consultant in accordance with the Agreement for all services performed by the consultant prior to termination, net of any costs incurred by the City as a consequence of the default. Notwithstanding the above, the successful consultant shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the Agreement by the consultant, and the City may reasonably withhold payments to the successful consultant for the purposes of set off until such time as the exact amount of damages due the City from the successful consultant is determined. S. TERMINATION FOR CONVENIENCE OF CITY The City may, for its convenience, terminate the services then remaining to be performed at any time without cause by giving written notice to successful consultant of such termination, which shall become effective thirty (30) days following receipt by consultant of such notice. In that event, all finished or unfinished documents and other materials shall be properly October 31, 2006 RFP No. 07-06107 City of Miami Beach 20 of 53 delivered to the City. If the Agreement is terrriinated by the City as provided in this section, the City shall compensate the successful consultant in accordance with the Agreement for all services actually performed by the successful consultant and reasonable direct costs of successful consultant for assembling and delivering to City all documents. No compensation shall be due to the successful consultant for any profits that the successful consultant expected to earn on the balanced of the Agreement. Such payments shall be the total extent of the City's liabili±y to the successful consultant upon a termination as provided for in this section. T. INSURANCE Successful Consultant shall obtain, provide and maintain during the term of the Agreement the following types and amounts of insurance as indicated on the Insurance Checklist which shall be maintained with insurers licensed to sell insurance in the State of Florida and have a B+ VI or higher rating in the latest edition of AM Best's Insurance Guide. Name the City of Miami Beach as an additional insured on all liability policies required by this contract. When naming the City of Miami Beach as an additional insured onto your policies, the insurance firms hereby agree and will endorse the policies to state that the City will not be liable for the payment of any premiums or assessments. Any exceptions to these requirements must be approved by the City's Risk Management Department. FAILURE TO PROCURE INSURANCE: Successful consultant's failure to procure or maintain required insurance program shall constitute a material breach of Agreement under which City may immediately terminate the proposed Agreement. U. CONE OF SILENCE Pursuant to Section 2-486 of the City Code, entitled Cone of Silence, you are hereby advised that the Cone of Silence requirements listed herein shall apply. V. DEBARMENT ORDINANCE Proposers are hereby advised that this RFQ is further subject to City of Miami Beach Ordinance No. 2000-3234 (Debarment Ordinance). Proposers are strongly advised to review the City's Debarment Ordinance. Debarment may constitute grounds for termination of the contract, as well as, disqualification from consideration on any City of Miami Beach RFP, RFQ, RFLI, or bid. X. CODE OF BUSINESS ETHICS Pursuant to Resolution No.2000 23879 each person or entity that seeks to do business with the City shall adopt a Code of Business Ethics ("Code") and submit that Code to the Procurement Division with your bid/response or within five days upon receipt of request. The Code shall, at a minimum, require your firm or you as a sole proprietor, to comply with all applicable governmental rules and regulations including, among others, the conflict of interest, lobbying and ethics provision of the City Code. Y. AMERICAN WITH DISABILITIES ACT Call 305-673-7490/VOICE to request material in accessible format; sign language interpreters (five days in advance when possible), or information on access for persons with October 31, 2006 RFP No; 07-06/07 City of Miami Beach 21 of 53 disabilities. For more information on ADA compliance please call Heidi Johnson Wright, Public Works Department, at 305-673-7080. Z. ACCEPTANCE OF GIFTS, FAVORS, SERVICES Proposers shall not offer any gratuities, favors, or anything of monetary value to any official, employee, or agent of the City, for the purpose of influencing consideration of this proposal. Pursuant to Sec. 2-449 of the City Code, no officer or employee of the city shall accept any gift, favor or service that might reasonably tend improperly to influence him/her in the discharge of his/her official duties. October 31 2006 City of Miami Beach RFP No D7-O6/D7 22 of 53 INSURANCE CHECK LIST XXX 1. Workers' Compensation and Employer's Liability per the statutory limits of the state of Florida. XXX 2. Comprehensive General Liability (occurrence form), limits of liability $ 1,000,000.00 per occurrence for bodily injury property damage to include Premises/ Operations; Products, Completed Operations and Contractual Liability. Contractual Liability and Contractual Indemnity (Hold harmless endorsement exactly as written in "insurance requirements" of specifications). XXX3.Automobile Liability - $1,000,000 each occurrence -owned/non-owned/hired automobiles included. 4.Excess Liability - $ . 00 per occurrence to follow the primary coverage. XXX 5. The City must be named as and additional insured on the liability policies; and it must be stated on the certificate. 6. Other Insurance as indicated: _ Builders Risk completed value $ . 00 Liquor Liability $ . 00 Fire Legal Liability $ . 00 _ Protection and Indemnity $ . 00 Employee Dishonesty Bond $ . 00 XXX Professional Liability $1,000,000 .00 XXX 7.Thirty (30) days written cancellation notice required. XXX 8.Best's guide rating B+: VI or better, latest edition. XXX 9.The certificate must state the Quote number and title VENDOR AND INSURANCE AGENT STATEMENT: We understand the Insurance Requirements of these specifications and that evidence of this insurance may be required within five (5) days after Proposal opening. Vendor October 31, 2006 City of Miami Beach Signature of Vendor RFP No 07-06/07 23 of 53 SECTION VII -DOCUMENTS TO BE COMPLETED AND RETURNED TO CITY October 31, 2006 City of Miami Beach RFP No- 07-06/07 24 of 53 REQUEST FOR PROPOSALS NO. 07-06/07 ACKNOWLEDGMENT OF ADDENDA Directions: Complete Part I or Part II, whichever applies. Part I: Listed below are the dates of issue for each Addendum received in connection with this RFP: 07-06/07 Addendum No. 1, Dated Addendum No. 2, Dated Addendum No. 3, Dated Addendum No. 4, Dated Addendum No. 5, Dated Part II: No addendum was received in connection with this RFP. Verified with Procurement staff Name of staff (Firm -Name) (Signature) Date (Date) October 31, 2006 City of Miami Beach RFP No' 07-06/07 25 of 53 DECLARATION TO: City of Miami Beach City Hall 1700 Convention Center Drive Procurement Division Miami Beach, Florida 33139 Submitted this day of , 2006. The undersigned, as consultant, declares that the only persons interested in this proposal are named herein; that no other person has any interest in this responses or in the Contract to which this response pertains; that this response is made without connection or arrangement with any other person; and that this response is in every respect fair and made in good faith, without collusion or fraud. The consultant agrees if this response is accepted, to execute an appropriate City of Miami Beach document for the purpose of establishing a formal contractual relationship between the consultant and the City of Miami Beach, Florida, for the performance of all requirements to which the response pertains. The consultant states that the response is based upon the documents identified by the following number: RFP No.07-06/07 SIGNATURE PRINTED NAME TITLE (IF CORPORATION) October 31, 20D6 RFP No: 07-D6107 City of Miami Beach 26 of 53 SWORN STATEMENT UNDER SECTION 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted to By [Print name of public entity] [Print individual's name and title] For [Print name of entity submitting sworn statement] Whose business address is and (if applicable) its Federal Employer Identification Number (FEIN) is (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: 4. I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any business with any public entity or with an agency or political subdivision of any other state or of the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 5. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. 6. I understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means: 1) A predecessor or successor of a person convicted of a public entity crime; or 2) An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. October 31, 2006 City of Miami Beach RFP No' 07-06/07 27 of 53 5) I understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 6) Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. [Indicate which statement applies.] Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members or agents who are active in management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. [Attach a copy of the final order] I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM [Signature] Sworn to and subscribed before me this Personally known day of , 2006 OR Produced identification Notary Public -State of (Type of Identification) My commission expires (Printed typed or stamped Commissioned name of Notary Public) October 31, 20D6 City of Miami Beach RFP No: 07-06/07 28 of 53 QUESTIONNAIRE Consultant's Name: Principal Office Address: Official Representative: Individual Partnership (Circle One) Corporation If a Corporation, answer this: When Incorporated: In what State: If a Foreign Corporation: Date of Registration with Florida Secretary of State: Name of Resident Agent: Address of Resident Agent: President's Name: Vice-President's Name: Treasurer's Name: Members of Board of Directors October 31, 2006 RFP No: 07-06107 City of Miami Beach 29 of 53 Questionnaire (continued) If a Partnership Date of organization: General or Limited Partnership*: Name and Address of Each Partner: NAME ADDRESS * Designate general partners in a Limited Partnership I. Number of years of relevant experience in operating A/E business: 2. Have any agreements held by Consultant for a project ever been canceled? Yes() No() If yes, give details on a separate sheet. 3. Has the Consultant or any principals of the applicant organization failed to qualify as a responsible Bidder, refused to enter into a contract after an award has been made, failed to complete a contract during the past five (5) years, or been declared to be in default in any contract in the last 5 years? If yes, please explain: October 31, 2006 RFP No: 07-06107 City of Miami Beach 30 of 53 Questionnaire (continued) 4. Has the Consultant or any of its principals ever been declared bankrupt or reorganized under Chapter 11 or put into receivership? Yes () No ( ) If yes, give date, court jurisdiction, action taken, and any other explanation deemed necessary on a separate sheet. 5. Person or persons interested in this bid and Qualification Form have ( )have not ( ) been convicted by a Federal, State, County, or Municipal Court of any violation of law, other than traffic violations. To include stockholders over ten percent (10%). (Strike out inappropriate words) Explain any convictions: 6. Lawsuits (any) pending or completed involving the corporation, partnership or individuals with more than ten percent (10%) interest: A. List all pending lawsuits: B. List all judgments from lawsuits in the last five (5) years: C. List any criminal violations and/or convictions of the Consultant and/or any of its principals: 7. Conflicts of Interest. The following relationships are the only potential, actual, or perceived conflicts of interest in connection with this proposal: (If none, state same.) May 19, 2006 RFP No 23-05/06 City of Miami Beach 31 of 53 Questionnaire (continued) 8. Public Disclosure. In order to determine whether the members of the Evaluation Committee for this Request for Proposals have any association or relationships which would constitute a conflict of interest, either actual or perceived, with any Consultant andlor individuals and entities comprising or representing such Consultant, and in an attempt to ensure full and complete disclosure regarding this contract, all Consultants are required to disclose all persons and entities who may be involved with this Proposal. This list shall include public relation firms, lawyers and lobbyists. The Procurement Division shall be notified in writing if any person or entity is added to this list after receipt of proposals. May 19, 2006 RFP No: 23-05106 City of Miami Beach 32 of 53 Questionnaire (continued) The Consultant understands that information contained in this Questionnaire will be relied upon by the City in awarding the proposed Agreement and such information is warranted by the Consultant to be true. The undersigned Consultant agrees to furnish such additional information, prior to acceptance of any proposal relating to the qualifications of the Consultant, as may be required by the City Manager. The Consultant further understands that the information contained in this questionnaire may be confirmed through a background investigation conducted by the Miami Beach Police Department. By submitting this questionnaire the Consultant agrees to cooperate with this investigation, including but not necessarily limited to fingerprinting and providing information for credit check. WITNESS: IF INDIVIDUAL: Signature Signature Print Name Print Name WITNESS: IF PARTNERSHIP: Signature Print Name of Firm Print Name Address By: General Partner Print Name WITNESS: IF CORPORATION: Signature Print Name of Corporation Print Name Address By: President (CORPORATE SEAL) Attest: May 19, 2006 RFP No. 23-05106 City of Miami Beach 33 of 53 SECTION VIII -BEST PERFORMANCE PROCUREMENT INFORMATION DOCUMENTS TO BE COMPLETED BY CUSTOMERS OF THE RESPONDENT May 19, 2006 RFP No: 23-05/06 City of Miami Beach 34 of 53 m MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Flarida 33139, www.miamibeachfl.gov PROCUREMENT DIVISION Tel: 305.673.7490 ,Fax: 305.673.7851 October 31, 2006 To: Phone: Fax: E-mail: Subject: Performance Evaluation of Number of pages including cover: 2 To Whom It May Concern: The City of Miami Beach has implemented a process that collects past performance information on various groups or individuals that perform comprehensive professional tennis management and operations. The information will be used to assist City of Miami Beach in the procurement of comprehensive professional tennis management and operations to various tennis centers. The group or individual listed in the subject line has chosen to participate in this program. They have listed you as a past client that they have done work for. Both, the group or individual and City of Miami Beach would greatly appreciate you taking a few minutes out of your busy day to complete the accompanying questionnaire. Please review all items in the following attachment and answer the questions to the best of your knowledge. If you cannot answer a particular question, please leave it blank. Please return this questionnaire to Maria Estevez by Tuesday, December 12, 2006 by fax: 305.673.7851; or a-mail mestevezCa~miamibeachfl.gov Thank you for your time and effort. ~' Gus Lopez, CPPO Procurement Director May 19, 2006 RFP No: 23-05/06 City of Miami Beach 35 of 53 m MIAMIBEACH City of Miomi Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, vnvw.miamibeachfl.gov PROCUREMENT DIVISION Tel: 305.673.7490, Fax: 305.673.7851 PERFORMANCE EVALUATION SURVEY Group or individual Name: Point of Contact: Phone and Please evaluate the performance of the group or individual (10 means you are very satisfied and have no questions about hiring them again, 5 is ifyou don't know and 1 is ifyou would never hire them again because of very poor performance). NO CRITERLA UNIT I Ability to manage the project cost (minimize change orders) (1.10) 2 Ability to maintain project schedule (complete on-time or early) (1-10) 3 Quality of workmanship (1-10) 4 Professionalism and ability to manage (includes responses and (1 10) rom t a meats to su Hers and subcontractors Close out process (no punch list upon turnover, warranties, 5 as-built, operating manuals, tax clearance, etc, submitted (1-10) rom tl 6 Communication, explanation of risk, and documentation 1 construction interface com leted on time ( 10) Ability to follow the users rules, regulations, and requirements 7 (housekeeping, safely, etc, ..) (1-10) Overall customer satisfaction and hiring again based on 8 performance (comfort level in hiring group or individual again) (1-]0) Overall Agency or Contact Reference Business Contact Name: Contact Phone and a-mail: Date of Services: Dollar Amount for Services: PLEASE FAX THIS QUESTIONAIRE TO MARIA ESTEVEZ AT 305.673.7851 May 19, 2006 RFP No: 23-05/06 City of Miami Beach 36 of 53 EXHIBIT "A" The City of Miami Beach is currently a party to a contract with Brother's Vending Inc. approved by the City Commission pursuant to Resolution No. 2005-25966, which grants to Brother's Vending, Inc the exclusive right (during the terms of said contract) to operate vending machine concessions, within certain City-owned property which includes the Flamingo Park Tennis Center and North Shore Tennis Center. Accordingly, in addition to that portion of the RFP relative to the provision of a food and beverage concession at the aforementioned tennis centers, proposers shall not be permitted to offer for sale (i) any food and/or beverage products sold by the City's vending machine concessions, as set forth in this Exhibit "A", or (ii) in any food and/or beverage product that are commercially comparable to the food and beverage products set forth in Exhibit "A" (By example, if the vending machines at the tennis centers sell "Coca-Cola", the successful proposers to this RFP would not be permitted to offer `Pepsi-Cola" for sale). NOTWITHSTANDING THE PRECEDING, THE CITY, IN ITS SOLE JUDGEMENT AND DISCRETION, SHALL MAKE THE FINAL DETERMINATION AND APPROVAL AS TO THE TYPE AND QUALITY OF FOOD AND BEVERAGES TO BE SOLD BY THE SUCCESSFUL PROPOSER. Reduced Fat or Low Caierifa camera May 19, 2006 RFP No: 23-05/06 City of Miami Beach 37 of 53 l.ow Ca~rb Fait Free cc~~ Sugar Free May 19, 2006 RFP No: 23-05/06 City of Miami Beach 38 of 53 Snacks cw,to~: Ch ocolat~s May 19, 2006 RFP No: 23-05106 City of Miami Beach 39 of 53 bookies snd PB~st~ies ~roy® Areae ~ YG Camllai ~~1 ~ ~g Celrs4e~rs May 19, 2006 City of Miami Beach RFP No: 23-05/06 40 of 53 EXHIBIT "B" OVERVIEW OF FACILiTIF.S -RFP-07-06/07 The Flamingo Park Tennis Center is a moderate quality 19 clay court facility with locker rooms, a pro-shop and offices with parking near by. There is also a tennis stadium that is in poor condition and it is anticipated to be demolished in the near future. Several of the courts were refurbished approximately one year ago due to extensive damage after Hurricane Wilma. It is anticipated the City may close the Flamingo Tennis Center at some point in the agreement period to rebuild it. The North Shore Tennis Center is a lighted 12 court (10 clay -Hydro courts + 2 hard surface) facility opened in 2004. The facility included locker rooms; a pro shop and office. It also has a covered deck over looking the courts and parking near by. May 19, 2006 RFP No: 23-05/06 City of Miami Beach 41 of 53 EXHIBIT "C" COST PROPOSAL -RFP-07-06/07 Fr•ivate I,essor~s Head Frofessional Hour '/z Hour RetsuleTrts $ Non-1esidents $ $ Juniors $ $ Lesson Series Discount Availability Yes No Package Hours Package Price Private l:essorts Assistant Frtofessional Hour '/z Hour Resident Level 1 Pro $ $ Resident Level 2 Pro $ $ Resident Level 3 Pro $ $ Resident Level 4 Pro $ $ Non-Residents $ __ $ Juniors Level 1 Pro $ _ $ Juniors Leve12 Pro $ __ $ Juniors Lcvcl 3 Pro $ $ Juniors Level 4 Pro $ _ $ Lesson Series Discount Availability Yes No Package Hours Package Price C Additional Programs Description and Schedules Fees A~ay 19, 2006 RFP No: 23-O5/D6 City of Miami Beach 42 of 53 EXHIBIT "D" Risk Assessment Plan Guide Introduction The purpose of the Risk Assessment Plan (RAP) is to capture the vendor's ability to preplan (identify the risks on a future project in terms of cost ($), time, and client expectation of quality and performance). The RAP is used to: 1. Assist the client in prioritizing group or individuals based on their ability to understand the risk of a project. 2. Provide high performing vendors the opportunity to differentiate themselves due to their experience and expertise. 3. Giving the competitive edge to experienced companies who have done the type of work before, who can see the job from beginning to end, and who know how to minimize the risk. 4. Provide a mechanism for the high performers to regulate the low performers by ensuring that if they are not selected, the selected company will minimize the risk and provide the client with a comparable performance. Vendors should keep in the mind that the RAP is only one step in the selection process. If all the RAP's are the same, the RAP will have little impact in the selection (other factors, such as past performance and interview will dictate the selection). The RAP will become part of the contract. RAP Plan Format The format for the RAP is attached. The RAP should clearly address the following items in a non- technical manner: 1. List and prioritize major risk items or decisions to be made that are unique to this project. This includes items that may cause the project to not be completed on time, not finished within budget, generate any change orders, or may be a source of dissatisfaction for the owner. Attach a cost ($), time extension, or quality differential for every risk. 2. Explain how the vendor will avoid /minimize the risk. If the vendor has a unique method to minimize the risk, it should be explained in non-technical terms. 3. Propose any options that could increase the value (expectation or quality) of their work. List any value or differential that the vendor is bringing to the project. 4. Attach a schedule with up to six major milestones and weeks of each major task. No names!!! - In order to minimize any bias by the evaluation committee, the RAP must not contain ANY names (such as contractor, manufacturer, or designer names, personnel names, project names, product names, or company letterhead). The RAP should not contain any marketing information. Length -The client's goal is to make the selection process as efficient as possible. Efficiency is to minimize the effort of all participants, especially those who will not get the project. Therefore, the RAP should be a brief, well organized and concise. The RAP must not exceed 2 pages. Font size -The font should be no smaller than 12 point. Organization -Outline format. The attached format is only a sample. May 19, 2006 City of Miami Beach RFP No: 23-05/06 43 of 53 Impact of Risks Risks are any items that you should be concerned with throughout the entire project. They are the most critical items that can impact the cost, time, or quality expectation of the client. Think through the project. What would bother the client? Why would you have to communicate with the client? What would make someone call the client's representative and cause them stress? The risks should be prioritized, or listed in order by the greatest risks at the top to the lowest risk in descending order. Each risk should have a cost and/or time concern. If the risk has cost implications, the actual estimated cost should be listed. If it has time concerns, the number of days should be listed. Rating of Risk Assessment Plans The RAP will be rated by the Evaluation Committee assigned to this project. Rating criteria will be: 1. The understanding and minimization of risks. 2. Contractor's differentiation of their value. 3. Schedule. Checklist for Risk Assessment Plan 4. Are all names removed from the RAP: personal, project, or company names? 5. Does every risk have a cost or time attached to it? 6. Are risks listed, high impact risks? (Do not list risks that you can easily handle unless you perceive others are not doing it) 7. Does the RAP include all service, quality control processes; documentation that you do that your competition does not. 8. Are you including PR risks such as interfacing with project managers, users of the facility, or audiUinspection personnel? 9. Do you have a simple schedule with major milestones? 10. Do you understand that anything you list becomes a part of your contract? 11. Does your RAP plan differentiate you? By how much? 12. Can your RAP plan make anon-technical person comfortable with hiring you? 13. Did you number the pages of the risk assessment plan? 14. Did you make 11 copies of your RAP? If all items are checked, your risk assessment plan is ready to submit. May 19, 2006 RFP No; 23-05/06 City of Miami Beach 44 of 53 Risk Assessment Plan Format Please prioritize the risks (list the greatest risks first). Indicate the potential impact to project cost (in terms of $), and/or schedule (in terms of calendar Days). You may add/delete the risk tables below as necessary. Maior Risk Items Risk l: _.~ ._N._._..~__. ------ Impact: Schedule (Days) Solution: Risk 2: _ Impact: Cost ($) Solution: Risk 3: ____ Impact: Cost ($) Solution: Risk 4: Impact: Cost ($) Solution: Risk 5: Impact: Cost($)~_ Solution: Risk 6: _._..... Impact: Cost ($) Solution: Risk 7: Impact: Cost ($) Solution: Risk 8: Impact: Cost ($) Solution: Risk 9: Impact: Cost ($) Solution: Risk 10: -- _ .._.. Impact: Cost ($) Solution: May 19, 2006 City of Miami Beach __ _ _ Schedule (Days) Schedule (Days) Schedule (Days) __ Schedule (Days) Schedule (Days) Schedule (Days) (Days) Schedule (Days) Schedule (Days) RFP No: 23-05106 45 of 53 Value Added Options or Differentials (what you will do that the others do not) Vendors should identify any value added options or differentials that they are proposing, and include a short description of how it adds value to the project. Identify if the items will increase or decrease project schedule, cost, or expectation. You may add/delete the value tables below as necessary. Item 1: 1 mpact: Item 2: Impact: Item 3: Impact: 1 tem 4: Cost ($) Schedule (Days) Cost (~) _ _____ Schedule (Days) Cost ($) _~______~_____~~______ Schedule (Days) Milestones (start, finish, no of workdays) Total number of workdays May 19, 2006 RFP No: 23-05/06 City of Miami Beach 46 of 53 EXHlI3IT "E" Equal Benefits Ordinance Bidders are advised that this Bid and any contract awarded pursuant to this procurement process shalt be subject to the applicable provisions of Ordinance No. 2005-3494, entitled "Requirement for City Contractors to Provide Equal Benefits for Domestic Partners (the "Ordinance")." The Ordinance applies to all employees of a Contractor who work within the City limits of the City of Miami Beach, Florida; and the Contractor's employees located in the United States, but outside of the City of Miami Beach limits, who are directly performing work on the contract within the City of Miami Beach. All bidders shall complete and return, with their bid, the "Declaration: Non- discrimination in Contracts and Benefits" form contained herein. The City shall not enter into any contract unless the bidder certifies that such group or individual does not discriminate in the provision of Benefits between employees with Domestic Partners and employees with spouses and/or between the Domestic Partners and spouses of such employees. Contractors may also comply with the Ordinance by providing an employee with the Cash Equivalent of such Benefit or Benefits, if the City Manager or his designee determines that the successful bidder Contractor shall complete and return the "Reasonable Measures Application" contained herein, and the Cash Equivalent proposed. It is important to note that bidders are considered in compliance if bidder provides benefits neither to employees' spouses nor to employees' Domestic Partners. Following this page please find a Q & A of the major points of the proposed Ordinance. Additionally, the following documents need to be returned to the City with your bid: • Declaration: Nondiscrimination in Contracts and Benefits Form • Reasonable Measures Application Form PROPOSED EQUAL BENEFITS ORDINANCE SUMMARY The foregoing analysis provides a summary of the major points of the proposed Ordinance: 1) What is the intent of the Ordinance? The proposed Ordinance will require certain contractors doing business with the City of Miami Beach, who are awarded a contract pursuant to competitive bids, to provide "Equal Benefits" to their employees with Domestic Partners, as they provide to employees with spouses. May 19, 20D6 RFP No 23-05106 City of Miami Beach 47 of 53 2) How are "Equal Benefits" defined and what kind of "Benefits" does the Ordinance cover? "Equal Benefits" means that contractors doing business with the City who are covered by the Ordinance shall be required to provide the same type of benefits that they offer to employees and their spouses, to employees with Domestic Partners. The type of "Benefits" defined by the Ordinance and which may be offered by a contractor include: sick leave, bereavement leave, family medical leave, and health benefits. The "Benefits" defined in the Ordinance are the same type of benefits that the City provides to Domestic Partners of City employees, pursuant to Section 62-128 of the City Code]. Notwithstanding the definition of "Benefits" in the Ordinance, to comply with the Ordinance a Contractor is not required to provide all the above-described benefits. Contractors are only required to offer the same type of Benefits they offer to their employees with spouses, to employees with Domestic Partners. Additionally, a Contractor who offers no benefits to employees or their spouses, would not be required to offer any benefits to employees with Domestic Partners (and would still be in compliance with the Ordinance).] 3) Who is considered a "Domestic Partner" under the Ordinance? A `'Domestic Partner" shall mean any two (2) adults of the same or different sex who have registered as domestic partners with a government body pursuant to state or local law authorizing such registration, or with an internal registry maintained by the employer of at least one of the domestic partners. 4) What type of Contracts and/or which Contractors are covered by the Ordinance? The Ordinance only applies to the following: • Competitively bid City contracts (bids, RFP's, RFQ's, RFLI's, etc.). • Contracts valued at over $100,000. • Contractors who maintain 51 or more full time employees on their payrolls during 20 or more calendar work weeks in either the current or the preceding calendar year. • Contractors covered by the Ordinance are only required to comply as to employees who: 1) either work within the City limits of the City of Miami Beach; or 2) the contractor's employees located in the United States, but outside of the City limits, only if those employees are directly performing work on the City contract (covered by the Ordinance). 5) In what cases does the Ordinance not apply? The provisions of the Ordinance do not apply where: • The City contract has been has been entered into prior to the effective date of the Ordinance (including renewal terms contained in such contracts). • The City contract is not competitively bid. • The City contract is valued at less than $100,000. • The contractor has less than 51 employees. May 19, 2006 RFP No 23-05!06 City of Miami Beach 46 of 53 The contractor does not provide Benefits either to employees' spouses or to employees' Domestic Partners. The contractor is a religious organization, association, society or any non profit charitable or educational institution or organization operated, supervised or controlled by or in conjunction with a religious organization, association or society. The contractor is another government entity. The following City contracts are not covered by the Ordinance: • Contracts for sale or lease of City property. • Development Agreements. • Contracts/grants for CDBG, HOME, SHIP, and Surtax funds admiriistered by the City's Office of Community Development • Cultural Arts Council grants • Contracts for professional A/E, landscape A/E, or survey and mapping services procured pursuant to Chapter 287.055, Florida Statutes ("The Consultants Competitive Negotiation Act". • Contracts for the procurement of life, health, accident, hospitalization, legal expense, annuity insurance, or any and all other kinds of insurance for the officers and employees of the City and their dependents, from a group insurance plan. The Ordinance provides, upon written recommendation of the City Manager, that the City Commission may, by 5/7ths vote, waive application of the Ordinance for the following: Emergency contracts. Contracts where only one bid response is received. Contracts where more than one bid response is received, but none of the bidders can comply with the requirements of the Ordinance. The City's ability to apply the Ordinance may also be preempted in instances where the Ordinance impacts health, retirement, or pension program which fall within the jurisdiction of the Employee Retirement Income Security Act (FRIBA), and may under certain circumstances be held invalid under Federal preemption. 6) How is the Ordinance enforced by the City? City contracts that are covered by the Ordinance shall notify potential bidders/proposers of the Ordinance and its requirements in the issued bid documents. At the time of entering into the contract with the City, the proposed City contractor shall certify to the City that it intends to provide Equal Benefits, along with the description of its employee benefits plan, which needs to be delivered to the Procurement Director prior to entering into the contract. The City has the ongoing right toinvestigate/audit contracts for compliance with the provisions of the Ordinance. May 19. 2006 RFP No 23-05/D6 City of Miami Beach 49 of 53 The contractor is required to post notice to its employees at its place of business that it provides Equal Benefits. 7) Is there another way for a Contractor who does not provide Equal Benefits to comply with the Ordinance? If a contractor covered by the Ordinance has made a reasonable yet unsuccessful effort to provide Equal Benefits, it can still comply with the Ordinance by providing an employee with the "Cash Equivalent" of the similar benefit(s) offered to the contractor's employees and their spouses. 8) What are the penalties for non compliance? Failure of a contractor to comply with the requirements of the Ordinance may result in the following: • Breach/default under the contract. • Termination of the contract. • Monies due under the contract may be retained by the City until compliance is achieved. Debarment of contractors from City work, as prescribed by the City Code. May 19, 2006 City of Miami Beach RFP No 23-05/06 50 of 53 ~, t~~i!) ~~a t~~1 CITY OF MIAMI BEACH DECLARATION: NONDISCRIMINATION IN CONTRACTS AND BENEFITS Section 1. Vendor Information Name of Company: Name of Company Contact Person: Phone Number: Fax Number: Vendor Number (if known): Federal ID or Social Security Number: Approximate Number of Employees in the U.S.: (If 50 or less, skip to last page, date and sign) Are any of your employees covered by a collective bargaining agreement or union trust fund? _Yes_No Union name(s): Section 2. Compliance Questions Question 1. Nondiscrimination -Protected Classes A. Does your company agree to not discriminate against your employees, applicants for employment, employees of the City, or members of the public on the basis of the fact or perception of a person's membership in the categories listed below? Please note: a "YES" answer means your company agrees it will not discriminate; a "NO" answer means your company refuses to agree that it will not discriminate. Please answer yes or no to each category. ~ Race _Yes _ No ~ Sex _Yes _ No Color _Yes _ No Sexual orientation _Yes _ No 1 Creed _Yes _ No Gender identity (transgender status) _Yes _ No r Religion _Yes _ No -Domestic partner status _Yes _ No i National origin _Yes _ No Marital status _Yes _ No i Ancestry _Yes _ No Disability _Yes _ No Age _Yes _ No ~ AIDS/HIV status _Yes _ No Height _Yes _ No Weight _Yes _ No B. Does your company agree to insert a similar nondiscrimination provision in any subcontract you enter into for the performance of a substantial portion of the contract you have with the City? Please note: you must answer this question, even if you do not intend to enter into any subcontracts. _Yes_No May 19, 2006 RFP No: 23-05106 City of Miami Beach 51 of 53 Question 2. Nondiscrimination -Equal Benefits for Employees with Spouses and Employees with Domestic Partners Questions 2A and 2B should be answered YES even if your employees must pay some or all of the cost of spousal or domestic partner benefits. A. Does your company provide or offer access to any benefits to employees with spouses or to spouses of employees? _ Yes _ No B. Does your company provide or offer access to any benefits to employees with (same or opposite sex) domestic partners* or to domestic partners of employees? _ Yes _No *The term Domestic Partner shall mean any two (2) adults of the same or different sex, who have registered as domestic partners with a government body pursuant to state or local law authorizing such registration, or with an internal registry maintained by the employer of at least one of the domestic partners. A Contractor may institute an internal registry to allow for the provision of equal benefits to employees with domestic partner who do not register their partnerships pursuant to a governmental body authorizing such registration, or who are located in a jurisdiction where no such governmental domestic partnership exists. A Contractor that institutes such registry shall not impose criteria for registration that are more stringent than those required for domestic partnership registration by the City of Miami Beach If you answered "NO" to both Questions 2A and 26, go to Section 4 (at the bottom of this page), complete and sign the form, filling in all items requested. If you answered "YES" to either or both Questions 2A and 2B, please continue to Question 2C below. Question 2. {continued) C. Please check all benefits that apply to your answers above and list in the "other" section any additional benefits not already specified. Note: some benefits are provided to employees because they have a spouse or domestic partner, such as bereavement leave; other benefits are provided directly to the spouse or domestic partner, such as medical insurance. BENEFIT Yes for Employees with S ouses Yes for Employees with Domestic Partners No, this Benefit is Not Offered Documentation of this Benefit is Submitted with this Form Health ^ u _ Dental a ~, Vision ~ ~~ u Retirement (Pension, 401 k ,etc. ~ ~ ^ ~ Bereavement ~ ^ ~ ^ Famil Leave ~ -, ~ -, Parental Leave ~ ~ ^ ~ Employee Assistance Pro ram ~ , ^ ^ Relocation & Travel ^ ^ ^ Company Discount, Facilities & Events Credit Union ~ ~, u Child Care ~_ ~ u Other ^ -, ^ ^ May 19, 2006 City of Miami Beach RFP No 23-05/06 52 of 53 Note: If you can not offer a benefit in a nondiscriminatory manner because of reasons outside your control, (e.g., there are no insurance providers in your area willing to offer domestic partner coverage) you may be eligible for Reasonable Measures compliance. To comply on this basis, you must agree to pay a cash equivalent, submit a completed Reasonable Measures Application with all necessary attachments, and have your application approved by the City Manager, or his designee. Section 3. Required Documentation YOU MUST SUBMIT SUPPORTING DOCUMENTATION to verify each benefit marked in Question 2C. Without proper documentation, your company cannot be certified as complying with the City's Equal Benefits Requirement for Domestic Partner Ordinance. For example, to document medical insurance submit a statement from your insurance provider or a copy of the eligibility section of your plan document: to document leave programs, submit a copy of your company's employee handbook. If documentation for a particular benefit does not exist, attach an explanation. Have you submitted supporting documentation for each benefit offered? _Yes _ No Section 4. Executing the Document I declare under penalty of perjury under the laws of the State of Florida that the foregoing is true and correct, and that I am authorized to bind this entity contractually. Executed this day of , in the year , at City State Signature Mailing Address Name of Signatory (please print) City, State, Zip Code Title May 19, 2006 RFP No. 23-05/06 City of Miami Beach 53 of 53 m MIAMIBEACH CaPy eat P/lits~vi BedstNs, 170t? Convention Center Drive, Miami Beach, Narida 33139, svvvw.micrrnibeocl~A.~~ov P~Oi::iJ??E±~?~:~:1 Division Tei: 305-b,'• 3-7490, fnx: 305-573-7851 REQUEST FOR PROPOSALS (RFP} NO. 07-06!07 ADDENDUM NO. 1 November 13, 2006 COMPREHENSIVE PROFESSIONAL TENNIS MANAGEMENT AND OPERATIONS AT THE CITY `S FLAMINGO AND NORTH SHORE TENNIS CENTERS is amended as follows: In response to questions and requests for additional information received by prospective Companies or Individuals and the Administration's additional review of the requirements set forth in the RFP, the RFP is hereby amended as follow: 1. The location for the Pre-Proposal Submission Meeting has been changed. The Pre- proposal Submission Meeting is scheduled for November 17, 2006 at 9:00 at the following address: City of Miami Beach City Hall Mayor's Conference Room, 4th Floor 1700 Convention Center Drive Miami Beach, Florida 2. The Word format forthe Client Performance Evaluation Survey form, pages Nos. 32 and 33 of the RFP, will be made available per request. Please send your requests to mariaestevezC~miamibeachfi.gov. 3. Memberships between both facilities are transferable and useable at either site. Fee schedule relative to hourly court-fees and type of membership currently offered by the facilities have been uploaded to the procurement website. Please visit }~,',.~.ritiv~,r~ti~r.rrian~t;~r:ac;t7fl.gcti~~newci~fdepts/gurchasefbidintra.asp The yearly Income Statement Summary extracted directly from the current service provider's tax returns and the current contracts between the City of Miami Beach and Green Square, Inc for Flamingo and North Shore Tennis Centers have also been posted in the Procurement website Companies or Individuals are required to acknowledge this Addendum on proposal Page 22, "Acknowledgement of Addenda", or the proposal may be considered non-responsive. CITY OF MIAMI BEACH ~,- Gus Lopez, CPPO Procurement Director F,IPURCI$ALL1MarialRFP S\06-07\RFP 07-06-07 -Comprehensive Professional Tennis Management and Operations\Onginal RFP Documents and Addendums\RFP-08-06-07A1 doc ~ MIAMIBEACH CAFE/ pf MiQA»A B~CICfY, 1 J00 (:orvertion Center Drive, Miarni BeacF., Florida 3:3 i 39; ~.v~.vsv.miarnibeac.llfl.~~ov PR<_){=13??E~?;c\i Division Tai: 305-X73-?4 r0, Fix: 305.6?3-?85i REQUEST FOR PROPOSALS (RFP) NO. 07-06/07 ADDENDUM NO. 2 November 20, 2006 COMPREHENSIVE PROFESSIONAL TENNIS MANAGEMENT AND OPERATIONS AT THE CITY `S FLAMINGO AND NORTH SHORE TENNIS CENTERS is amended as follows: In response to questions and requests for additional information received by prospective groups, teams, or Individuals during the Pre-Proposal Submission of November 17, 2006 and the Administration's additional review of the requirements set forth in the RFP, the RFP is hereby amended as follow: The Client Performance Evaluation Survey has been revised. Please see attached. The Word format for the Client Performance Evaluation Survey form will be made available per request. Please send your requests to mariaestevez;eD_miamibeachfl.gov. 2. Cost Proposal shall include total fees and be combined to include both facilities. However, if desired, proposal can further specify a breakdown for each facility The Declaration: Nondiscrimination in Contracts and Benefits (last page, page No. 53) does not require notary certification. 4. Miami-Dade County Administrative Order 3-12, which establishes restrictions on travel and transactions of business with firms doing business with Cuba, does not apply to any City of Miami Beach project, including this RFP. 5. The following task has been added to Section II entitled "Scope of Services": At the expense of the groups or individuals, all groups and individuals, including officers, directors, executives, partners, shareholders, employees and tennis pros must submit to a background and fingerprinting prior to commencement of the contract and prior to commencement of any employee or tennis pro. All files are to be readily available to the City of Miami Beach designated official and to the City's Human Resources office for review. Any and all new employees and tennis pro's must submit to such test prior to beginning employment Companies or Individuals are required to acknowledge this Addendum on proposal Page 25, "Acknowledgement of Addenda", or the proposal may be considered non-responsive. CITY OF MIAMI BEACH ~~ <': - Gus Lopez, CPPO Procurement Director _._,. ~ed ~ p, - ~,c a.:,. _ _ ..,r.-.~ _ acre~y ~~ •r- r.-.^ r- r`~ y ".,~ v ca . ~~snr _ r.^, .- FIPURCISALLdMaria\RFP'S10&-07\RFP 07-06.07 -Comprehensive Professional Tennis Management and Operationsl0riginal RFP Documents andAddendumslRFP-07-O6- 07A2.doc ~ MIAMIBEACH City of FAiami Brach, i 700 Convention Center Grive: ,4hiami Leach; Florida 33139, wv~v~.miamiF~eachA.gov FROCU~tErk1FNT ~IVISIC3N Tel: 305.673.7490 ,Fax: 305.673.7851 November 20, 2006 To: Phone: Fax: E-mail: Subject: Performance Evaluation of Number of pages including cover: 2 To Whom It May Concern: The City of Miami Beach has implemented a process that collects past performance information on various groups or individuals that pertorm comprehensive professional tennis management and operations. The information will be used to assist City of Miami Beach in the procurement of comprehensive professional tennis management and operations to various tennis centers. The group or individual listed in the subject line has chosen to participate in this program. They have listed you as a past client that they have done work for. Both, the group or individual and City of Miami Beach would greatly appreciate you taking a few minutes out of your busy day to complete the accompanying questionnaire. Please review all items in the following attachment and answer the questions to the best of your knowledge. If you cannot answer a particular question, please leave it blank. Please return this questionnaire to Maria Estevez by Tuesday, December 12, 2006 by fax: 305.673.7851; ore-mail mesteveza(").miamibeachfl.aov Tha,/nk you for your time and effort ~ ~~ ~. . Gus Lopez, CPPO Procurement Director m MIAMIBEACH Cite of Miami ~eaeh, 1700 Corvertion Center Drive, Miami Qeach, Flcricla 33139; wtivav.m!amibeachfl.gcv i~lzocu~~r~~~~~ olvlsloly Tel: 305.673.7490, Fax: 305.673.7851 Group or individual Point of Contact: Phone and PERFORMANCE EVALUATION SURVEY Please evaluate the pertormance of the group or individual (10 means you are very satisfied and have no questions about hiring them again, 5 is if you don't know and 1 is if you would never hire them again because of very poor performance). NO CRITERIA UNIT 1 Abilit to effective) mana e a tennis facilit 1-10 2 Ability to provide private lessons, youth clinics, summer cam sand ear round clinics (1-10) 3 Rate the quality of customer service (1-10) 4 Rate the professionalism and abilities as it relates to tennis knowled a of the tennis ros and Pro Sho staff ( ) 1-10 5 Rate the mana ement st le 1-10 6 Rate the cleanliness of the facility and the maintenance of the courts and surroundin areas (1-10) 7 Abilit too erate an efficient Pro Sho 1-10 8 How would you rate t?~e c~.~erall service provided (1-10) Overall Agency or Contact Reference Business Name Contact Name: Contact Phone and a-mail: Date of Services: Dollar Amount for Services: PLEASE FAX THIS QUESTIONAIRE TO MARIA ESTEVEZ AT 305.673.7851 ;¢. ~~ i ~ o r-, tip' ~ i ~~ ~~ ~ ~ti ~ I- ~ ] ~ .I(... ~ ~~ . ~ I - 'i - '~ ~__ ~~ . i f ~ r f: "~? •~~ t~r~ '~ Gus ~ePez, CPPO, Procurement- €7irector PFC~'~JREti,EI~lT DFVIsIC~d i7~~t0 tiorraertior~ Center <JF,; N~irym~ ESeach, PL __<si39 •~.^+~vr. miamioeuehTi. cav TABLE OF CONTENTS Page I. BACKGROUND 1-2 II. EXECUTIVE SUMMARY 2 III. MINIMUM REQUIREMENTS 2 IV. USPTA CERTIFICATIONS 2_3 V. INSURANCE 3 VI. PERFORMANCE BOND 3 VII. COMPLIANCE WITH OTHER CITY REQUIlZEMENTS 3 VIII. ALTERNATIVE FEE STRUCTURE 3-4 IX. ALTERNATIVE CONTRACT TERMS 4 X. PRINCIPAL'S BIOGRAPHY 4_7 XI. OPERATIONAL PLAN 7_g XII. PROGRAMS IMPLEMENTED 8-10 XIII. SCHOLARSHIl'S AND DONATIONS 10-11 XIV. FUTURE PROGRAMS 11-12 XV. OTHER FUTURE PROGRAMS 13 XVI. FUTURE PROJECTS 13 XVII. INNOVATIONS 14 XVIII. MARKETING AND PROMOTIONS 14 XIX. AWARDS AND RECOGNITIONS 14 XX. FINANCIALS 15 XXI. PHOTOS OF JUNIOR AND ADULT PROGRAMS -EXHIBIT "A" 16-17 XXII. INSURANCE -EXHIBIT "B" 18-24 XXIII. PERFORMANCE BOND -EXHIBIT "C" 25-26 XXIV. LETTERS OF RECOMMENDATION AND PETITIONS EXHIBIT "D" 27-50 XXV. QUALIFICATION DOCUMENTS TO BE COMPLETED AND RETURNED TO THE CITY 5 l -66 PROPOSAL TO THE CITY OF MIAMI BEACH BACKGROUND The Bollettieri name has been synonymous with World-Class tennis for over four decades. There have been a number of great future and former Hall of Fame Players who have come through the Bollettieri system, such as, Andre Agassi, Jim Courier, Maria Sharapova, Venus and Serena Williams, just to name a few. Headquartered in Bradenton, Florida, the world- renowned IMG-Bollettieri Tennis Academy has its roots in South Florida. Nick Bollettieri (founder of IMG-Bollettieri), while attending law school at the University of Miami, started his illustrious career teaching tennis at various Miami Dade County public tennis courts like Victory Park in North Miami Beach, Author Snyder Tennis Center better known as "the Spanish Monastery" (also in North Miami Beach) and ironically, Flamingo Park Tennis Center. James Bollettieri (Son of Nick Bollettieri) and Tom Mar (Jim's childhood friend), both grow up playing tennis at those very same courts where Mr. Bollettieri got his start. As true disciples of Nick Bollettieri, James and Tom have continued to follow in Nick's footsteps here in South Miami. As former Directors of Nick Bollettieri Tennis Academy, James and Tom together have more than 40 years of experience teaching and programming under the Bollettieri system. Presently, Tom Mar, James Bollettieri and Victor Weithorn are the incumbent management team (Greensquare Inc.) managing both Miami Beach tennis facilities (Flamingo Park and North Shore Tennis Center). Despite their optimum locations and exceptional facilities, the City of Miami Beach tennis centers did not have a noteworthy recreational tennis program prior to their arrival. But in the past five years, Tom, James and Victor, operating as Greensquare Inc., have converted these two centers into two of the hottest Tennis Clubs in South Florida (see Awards and Recognitions). Previously, between both clubs, there were only 4 to 5 employees, a handful of programs for adult players such as a tennis ladder, a couple of clinics run by one Pro, an occasional club tournament and nothing more than private lessons for kids. Since then, Greensquaze employs 21 staff members and 3 principals, implemented 12 adult clinics and 9 junior programs that accommodate approximately 7,200 players for each program totaling more than 15,000 attendees per year of all levels and ages from all over the world. Greensquare has also implemented, during the year, a variety of Junior and Adult USTA tournaments, ladders, club championships on a quarterly bases, a half dozen corporate tournaments/executive retreats, special guest clinics (offered during the Sony Ericsson Open, formally the Nasdaq Open) that feature world-renowned coaches and former players like Nick Bollettieri, Roy Emerson and Guillermo Vilas. In addition, in coordination with the City of Miami Beach Parks & Recreation Department, Police Athletic League, Boys and Girls Clubs of Miami Beach and various other charitable organizations, Greensquare has reached out to give children, who are less fortunate, the opportunity to experience world-class tennis training through scholarships and donations (see Scholarships and Donations). The Bollettieri brand name incorporated together with the City of Miami Beach has proved to be a very successful partnership. The complimentary partnership between Greensquare and the City of Miami Beach has created name recognition and increased participation at both facilities. We are confident that by continuing the same innovative and exciting programs that the residents of Miami Beach and their visitors have experienced in the past five years will continue to show positive benefits for the City of Miami Beach for many more years to come. Furthermore, Greensquare intends to grow and improve upon what we have started (see future programs and projects). EXECUTIVE SUMMARY Tom Mar, James Bollettieri and Victor Weithorn through Greensquare Inc. propose to continue to operate at Flamingo Park and North Shore Tennis Center as the Tennis Management Team for the City of Miami Beach. Greensquare hopes to continue the energy and excitement created by offering existing and new programs at both facilities. Greensquare hopes to continue its on going goal by positioning both City of Miami Beach tennis facilities as premier tennis clubs in South Florida. For continued growth, Greensquare proposes to do the following: 1) Provide potential visitors another incentive to select the City of Miami Beach as a destination of choice. Greensquare plans on working closely with a few Miami Beach hotels and members of the city's hospitality/convention industry to offer Bollettieri Tennis Programs globally (see Future Programs). 2j In order to provide more services and convenience to our patrons, Greensquare plans on making improvements on all existing programs and services (see Future Projects). 3) Promote more civic involvement by introducing a few new programs to encourage kids to participate in higher-level tennis programs and seniors to get out and exercise (see Future Programs). No other group will have the qualifications, experience, enthusiasm and, most importantly, name recognition to match that of the principals and management skills of Greensquare, namely, Tom Mar, James Bollettieri and Victor Weithorn. MINIMUM REQUIREMENTS For the past five years as the incumbent Professional Tennis Management Team operating out of both Miami Beach tennis facilities (North Shore and Flamingo Park Tennis Center), all minimum requirements/qualifications are met. All records for verification purposes are available upon request. USPTA CERTIFICATIONS All Tennis Pros who are qualified to teach private and group lessons are certified by USPTA or USPTR and obtained occupational licenses. All other tennis staff members such as Tennis Counselors and Ball Feeders will also become certified when they are promoted to Tennis Professional status. To assure continuity and high quality instruction, Greensquare does not promote any staff member to the Tennis Professional status until they are sufficiently trained under the Bollettieri system. Only Tom Mar or James Bollettieri has the authority to determine if any staff member will assume the Tennis Professional Status. All certifications will be kept on file and will be promptly available for verification upon request. All occupational licenses are posted at the Tennis Clubs (North Shore Tennis Center and,'or Flamingo Park Tennis Center). INSURANCE (see Exhibit "B") All Tennis Professionals are automatically covered for $4 million of Liability insurance through their USPTA memberships. The USPTA also extends the coverage ($4 million) to the Tennis Facilities (North Shore and Flamingo Park Tennis Center) managed by Greensquare Inc. In addition, we have a commercial general liability policy with Nautilus Insurance Company for general aggregate limit of $2 million, personal and advertising injury limit of $1 million, each occurrence limit of $1 million and a variety of minor coverage's (see policy attached). PERFORMANCE BOND (see Exhibit "C") Incompliance to our previous responsibility to meet minimum requirements/qualifications, a Performance Bond for the amount of $25,000 (good through 2007) is being held at the Miami Beach Sun Trust Bank (verification is available upon request). COMPLIANCE WITH OTHER CITY REQUIlZEMENTS In connection with the operation and management of the centers (North Shore and Flamingo Park Tennis Center), Greensquare will adhere to all city policies and directives. In addition, Greensquare will comply with City of Miami Beach Ordinance No. 2000-3234 (Debarment ordinance) and Ordinance No. 2001-3301 (Living Wage Ordinance) in determining compensation levels for their employees at North Shore and Flamingo Park Tennis Center. Accordingly, Greensquare will pay employees that receive health benefits no less than $8.56 per hour and employees without health benefits no less than $9.81 per hour. Greensquare will conduct background checks for all prospective employees prior to hiring. Certified Tennis Professionals can teach private and group lessons and lead clinics. If Greensquare's proposal is accepted, the shareholders of Greensquare namely, Tom Mar, James Bollettieri and Victor Weithorn, are prepared to assure the City of Miami Beach that Greensquare Inc. possesses the financial responsibility commensurate with their obligations to operate and manage the centers. ALTERNATIVE FEE STRUCTURE With overall success, Greensquare for the past five years has been operating with the City of Miami Beach under the terms of a minimum guarantee of $4,000 per Month or 10% of gross revenues (which ever is more) for North Shore and Flamingo Park Tennis Centers. However, at certain periods of time during the previous contract (i.e. getting started, long rain period's, the damage caused by Hurricane Wilma, transitions between Summer to Fall seasons), there have been very lean moments. The result was delays on progress due to a lack of funds for starting new programs and consistently promoting existing programs. Many new programs (see Future Programs and Projects) that were designed to benefit the City of Miami Beach and their residences both economically and socially was put on hold due to a lack of funds. In contrast for the new RFP, Greensquare proposes a guarantee of $4,000 per month for both clubs (specifically $2,000 for North Shore Tennis Center and $2,000 for Flamingo Park Tennis Center) and 10% of Gross Revenues at $800,000 and above. This fee structure benefits all parties namely the City of Miami Beach, Miami Beach residents and Greensquare for the following reasons: 1) Frees up funds to be used to start, promote and market new and existing programs (see Future Programs). 2) Provides residents, neighboring cities, and potential visitors with more adult and junior programs (see Future Programs) that will encourage higher-level of tennis by increasing and sustaining participation. 3) Promotes the City of Miami Beach globally as a tennis destination (see Adult Academy and Corporate Events/Executive Retreats under Future Programs) and gives visitors from abroad another reason to choose Miami Beach over other vacation spots. 4) Allows Greensquare to invest back into the operation to provide existing customers with better services and more options (see Future Projects). ALTERNATIVE CONTRACT TERMS Previously, our contract was based on three (3) years plus two (2) one (1) year renewals. At the time, this seemed like an adequate contract term due to the fact that both parties did not know each other and were approaching completely new territories. Although we faced many challenges that ultimately were solved through trials and tribulations, in hindsight, two (2) one (1) year renewals was much too short. In retrospect, we are confident that the principals of Greensquare (Tom Mar, James Bollettieri and Victor Weithorn) and the representatives for the City of Miami Beach have worked out most of kinks during the first five years to undergo longer renewals. Therefore, Greensquare proposes the new contract terms to be three (3) years plus two (2) three (3) year renewals. PRINCIPAL'S BIOGRAPHY Tom Mar, President and Director of Marketing, Promotions and New Programming In addition to being completely hands-on with teaching lessons and directing clinics, Tom is also involved with many other activities such as, designing and implementing new programs, marketing, promoting and overseeing all existing programs (see Implemented Programs). Since March of 2002 to present, Tom Mar has been one of the principals and is the President of Greensquare Inc., a tennis management company. Greensquare for the past five years has been managing Flamingo Park and North Shore Tennis Center. As President, during the first two years (March'02 -June `04), Tom spent most of his time setting up the foundation of the operation at Flamingo Park Tennis Center including finding the right staff, creating and implementing programs and finally, marketing and promoting them. Later (2004), the City of Miami Beach Parks and Recreation Department awarded the new North Shore Tennis Center to Greensquare to manage as well. Tom moved over to the new club shortly after acquiring it then proceeded to implement all the programs as he previously did at Flamingo Park. As a result, North Shore Tennis Center has become equally successful as Flamingo Park Tennis Center both financially and in terms of participation. From 1993 to 2000, Tom was the Head Pro at the Michael Ann Russell JCC (Jewish Community Center) in North Miami Beach, Florida. As the Head Pro, Tom introduced and implemented the Bollettieri system creating an academy style program to the JCC. Since the inception of Tom's Academy program, the JCC Tennis program has grown into a reputable training facility for high-level players from all over the world. From 1990 to 1993, Tom was the Tennis Director at Montana Tennis Club in Kendall, Florida. As Director, Tom implemented, coordinated and conducted tennis programs that included junior after-school programs, summer camps, adult clinics, socials, leagues and tournaments. Other duties included teaching, coaching, managing a staff of 10 pros, and performing administrative and personnel duties. From 1985 to 1990, Tom co-owned an advertising agency in Santa Clara, California called JamesThomas Advertising. Tom's responsibilities included client relations, new account sales and creative direction. The agency consisted of 5 employees with billings over a $1,000,000. The Agency specialized in mostly print advertising such as brochures, flyers, newspaper ads and business collateral. Tom also worked closely with the media coordinator purchasing advertising space with newspapers, magazines and radio stations. From 1975 to 1983, Tom worked for Nick Bollettieri as the Fitness Director and Tennis Coach at the Nick Bollettieri Tennis Academy at the Colony Beach Tennis Resort in Sarasota, Florida and later moved to the new Academy in Bradenton, Florida. Tom worked directly with players like Jimmy Arais (former #4 player in the world), Mike De Palmer Jr. (# 1 ranked boys 18 and top 20 player in the world), Paul Anacone (former coach to Pete Sampras and top 15 player in the world) and Carling Bassett (former top ranked junior and top 20 player on the tour). During these impressionable years, Tom spent a lot of time with Nick Bollettieri watching and learning the Bollettieri system. In 1975 and 1985, respectively, Tom received a Bachelors of Science Degree from the Business Administration Department specializing in Marketing and a Minor in Photography. Later, Tom received aPost-Graduate Degree from the School of Journalism, specializing in Advertising. Both degrees were received from San Jose State University, San Jose, California. Other credentials include: USPTA Certified Pl rating, a Series 6 Financial Planner certification. James Bollettieri, Principal, Vice President and Tennis Director/Head Pro Since March of 2002 to present, as the Tennis Director and Head Pro, James is responsible for establishing the training regimen for each program implemented. He will spend the majority of his time on the court making sure that all the programs meet the Bollettieri standards. James, a true kid at heart and workhorse like his dad, participates in as many clinics as he physically can as Feeder {as opposed to roaming around as a Director). Periodically to keep things new and exciting, James and Tom will visit Jim's father (Nick Bollettieri) to keep abreast on the latest innovations in tennis training methods and trends. Initially, James spent the first three years (March'02 -June `OS) working closely with Tom setting up all the tennis programs at both facilities (Flamingo Park and North Shore Tennis Center). Currently, James splits his time at both facilities teaching private lessons and clinics so that tennis patrons participating in our programs at both clubs can benefit from his expertise. From 1970 to 2000, Jarnes was one of the original staff members at the Nick Bollettieri Tennis Academy. From 1999 to 2000, he was the Student Services Activity Coordinator. From 1980 to 1998, he was the Director of LMG NBSA(Nick Bollettieri Summer Academy} Camps with operational responsibility for the summer camp program at the Bollettieri Academy facility in Dee~eld, Massachusetts. In addition, from 1986 to 1989, he was one of two Bollettieri Academy Traveling Team Coaches to Bollettieri Academy players on the ATP tour, including Jim Courier (former # 1 in the World and a Hall of Fame player), David Wheaton, Mark Knowles, Chris Garner and Martin Blackman. By virtue of his experience as Director of IMG NBSA Camps, James is only second to his father in terms of experience in running Bollettieri style camps and academies. In 1984, James received a Bachelor of Arts degree in Photography from the University of Miami, Coral Gables, Florida. James, who is also an established photographer, photographed players for decades from the era of Borg, Connors, and McEnroe to Sampras, Agassi and Chang and now photographing Federer and everyone else. James also holds a USPTA P 1 rating certification. Victor I. Weithorn, Principal, Chief Financial Officer and Senior Tennis Proffessional Since March of 2002 to present, Victor Weithorn has been one of the principals and CFO to Greensquare Inc. Victor is responsible for all business related activities such as the daily posting of receipts and disbursements to venders. He is also in charge of all purchases relating to the tennis centers, including tennis racquets, balls, accessories, clothing, food and beverages. In addition, Victor is also responsible for the company's payroll (24 employees including principals). As our key Liaison to the various City of Miami Beach departments, other duties include the following: monthly financials to the City of Mivni Beach, monthly sales tax to the Florida Department of Revenue and daily communications with the varied city departments, such as, Parks and Recreation, Property Management and the City's Controllers Office. He is also in charge of managing the daily activities of all the employees of the company including: maintenance personnel, office personnel (Pro Shop Attendants, Cashiers, Stringers etc. ), and tennis staff (Pros, Fitness Trainers, Ball Feeders and Counselors). As a true lover and historian of the game of tennis, Victor will get out on the courts any chance he can to share his knowledge. Like Tom and James, Victor Weithorn is first and foremost a Tennis Pro! Besides his other duties, Victor also contributes on the courts during the After School Programs at both clubs and teaches private tennis lessons as well. 6 From 1966 to 1971, Victor graduated from Long Island University in New York, with a Bachelors of Science Degree in Accounting. He worked for Touch Ross and Company, one of the Big Eight Accounting firms at the time. From 1995 to 2000, Victor honed his skills in the business world when he was a partner in a wholesale company called Khameleon Products that merchandised healthcare related items. This experience gave Victor the opportunity to learn wholesale and retail skills that greatly helps him today. Victor has played tennis for 30 years and has taught tennis for over 20 years. He has been a USPTA P1 certified professional since 1992. Victor has been very fortunate in that his passion for tennis has also led to his profession in the sport. "If you do what you love success always follows." Nick Bollettieri, James Bollettieri's father and mentor Besides being James' Dad, Nick Bollettieri has been a mentor to James and Torn as well. As such Nick has always made himself available to assist James, Tom and Victor in all aspects of developing, managing and promoting their operation. From time to time, he has made personal appearances in Miami Beach to help conduct special clinics and offer private lessons to Miami Beach Residents. Like James, Nick loves being on the court no matter where he is. As they say, "the apple doesn't fall far from the tree". Nick Bollettieri is the President and founder of the IMG-Bollettieri Academy, Bradenton, Florida, "The" preeminent tennis academy in the world. He has coached more top world ranked players than anyone in the world, including Brian Gottfried, Jimmy Arias, Aaron Krickstein, Andre Agassi, Martina Hingis, Monica Seles, Boris Becker, Mary Pierce, Jim Courier, the Williams sisters, Tommy Haas and Maria Sharapova just to name a few. Nick Bollettieri has authored numerous books, magazine articles, video and audio recordings mostly on tennis and motivational subjects. Most recent awards and recognitions include being named Top 50 (16th) Most Influential Person in tennis by Tennis Magazine in 2000, receiving the International Tennis Hall of Fame Tennis Educational Merit Award in 1999, named by The Sporting Life Magazine as the Top 25 (19th) 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. OPERATIONAL PLAN Ironically, solely his talents did not create Nick Bollettieri's career. There have been many coaches who have accomplished what he has, in terms of developing great players, but have not reached the heights Nick has in his career. What sets Nick Bollettieri apart from all the other tennis coaches has been his uncanny ability to promote himself and surround himself with seasoned business people to keep him afloat. 7 Tom Mar, James Bollettieri and Victor Weithorn have formed a similar combination that confirms this formula to be a successful one. Greensquare Inc. consists of three passionate career Tennis Professionals who have additional skills in areas that compliment each other, but not overlapping, culminating into a powerful and successful tennis management team. James Bollettieri (an accomplished tennis coach himself) mirrors his father in teaching style and philosophy. James, not only brings a wealth of knowledge, he also creates instant recognition and credibility to the Parks (Flamingo and North Shore Tennis Centers}. His legendary sur name opens many doors for unique opportunities that will help create successful tennis programs, special events and local activities, thus benefiting the City of Miami Beach by opening new markets and ultimately increasing park participation. Tom, a true disciple of Nick Bollettieri, has a very similar tennis background as James. However, Tom's other expertise is marketing. Like Nick Bollettieri, Tom understands the importance of marketing. In business, according to Tom, "being good at what you do is only half of what you need to succeed; the other half is really the key, and that's communicating how good you are to the right people". Tom spent over 21 years involved in some form of marketing; 4 years as an undergraduate marketing student, 2 years as a graduate advertising student, 5 years as a co-owner of an Advertising Boutique, another 5 yeazs working in various marketing and advertising jobs and 5 years promoting Greensquare, Inc. Victor Weithorn, a former Accountant, maintains the business side of the operation and acts as the liaison between Greensquare and the City of Miami Beach. Like Nick's team, he's the "seasoned business person" that keeps Greensquare afloat. Together, the Principals of Greensquare has formed a complimentary team that simulates the formula that has helped Nick Bollettieri succeed in his endeavors. PROGRAMS IMPLEMENTED (see photos in Exhibit A} The Bollettieri Tennis System is based on a universal philosophy that every individual is unique. No two individuals think or act alike. 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. For years, Nick Bollettieri programs were targeted primarily at World Class players, but now, through a collaboration of many coaches and top players, Greensquare has broken down and simplified the Bollettieri system to benefit all levels, juniors and adults alike to establish programs specifically designed to complement the Miami Beach Parks and Recreation Department programs and ultimately, provide World Class Tennis Training to the residents of Miami Beach and it's visitors. For the past five years through trial and error, Greensquare has accomplished their goal to successfully offer a variety of programs to accommodate all levels and ages. Existing Greensquare programs include the following: Junior Programs Academy After School Program (advanced ages 8 to 18) -Modeled after Nick Bollettieri's world famous tennis academy in Bradenton, Florida, this program is designed to prepare young players for competitive tennis by focusing on customized programs emphasizing fitness, tactics and strategy, developing weapons, eliminating vulnerabilities and most importantly, identifying player styles (i.e. baseliners, aggressive baseliners, serve and volley and/or all around players). Offered during the fall and Winter School Semester Monday through Friday from 4 to 6 PM. Cost $SO per class or $200 per week. Note: This program is directed by James Bollettieri and offered only at North Shore. Junior Academy After School Prog am (beginners to advanced-intermediate ages 8 to 16) - Focused on technique in stroke production and footwork, this program's objective is to provide the player with sound fundamentals to allow them to excel to the next level. Offered during the fall and Winter School Semester Monday through Friday at North Shore Tennis Center and Tuesday and Thursday at Flamingo Park Tennis Center from 4 to S: 30 PM. Cost $IS per class ifpaid by the month or $20 per individual class. Pee Wee After School Program (beginners to intermediate ages 4 to 7) -This program is designed to introduce toddlers to tennis as a fun sport by combining innovative motor skill activities and basic fundamental tennis drills. Offered during the fall and Winter School Semester Monday through Friday at North Shore Tennis Center and Tuesday and Thursday at Flamingo Park Tennis Center from 4 to S: 30 PM. Cost $1 S per class ifpaid by the month or $20 per individual class. James Bollettieri Academy Mini Camps (all levels ages 8 to 18) -This program is modeled after the original Nick Bollettieri Summer Camp in Beaver Dam, Wisconsin. Kids from all over the world can experience the original Bollettieri style Camps that includes the famous high intensity tennis training that made Nick famous. Campers will experience on and off court activities that include drills, match play, fitness, cross-training activities, classroom sessions, video analysis and more. Offered during Holidays and extended school breaks Monday through Friday from 9:30 AMto 3:00 PM. Cost $300 per week or $72 per day for Pee Wee/Junior players and $375 per week or $90 per day for Academy players. Includes lunch. James Bollettieri Tennis and Surf Camp -This program is identical to the James Bollettieri Academy Mini Camps, except it offers surfing instruction as one of the cross-training activities. The James Bollettieri Tennis and Surf camp gives players the option to surf in the afternoons instead of playing other optional cross-training sports (i.e. soccer, baseball, basketball, etc.). Instructed by James Bollettieri and Tom Mar, this program has created quite a following in just two years. Offered during the summers Monday through Friday from 9: 30 AM to 3: 00 PM. Cost $300 per week or $72 per day for Pee Wee/Junior players and $37S per week or $90 per day for Academy players. Includes lunch. Adult Programs (see photos in Exhibit A on pages _ to _} 9 Adult Programs Beginner, Intermediate and Advanced Clinics (18 years of age and up) -One of our most popular programs, the Adult Clinic is a direct result of a revised Bollettieri program customized to accommodate players of all levels. This program includes all the elements originated from Nick Bollettieri tennis programs used to train top international juniors and ATP Professionals. The program includes, a brief stretch and warm-up followed by the famous high intensity Bollettieri tennis drills, serve and return practice and finally, point play competition. Offered year round Monday through Thursday nights from 7:30 to 9 PM, Monday, Wednesday mornings from 9:30 to 11 AMand Saturday mornings from 10:30 to Noon at Flamingo Park Tennis Center. Monday, Wednesday nights from 7:30 to 9 PM, Monday, Wednesday mornings from 9:30 to I1 AMand Saturday mornings from 10:30 to Noon at North Shore Tennis Center. Cost $20 Parent After School Clinic (all levels) -Identical to our Adult Clinics, this program is scheduled at the same time as our After School program to accommodate parents who prefer to participate as opposed to being a spectator. Cost $20 Men and women's league tennis (all levels) -Like most other tennis clubs, leagues are a main staple to establishing camaraderie amongst tennis patrons. Therefore, since taking over as the City's new tennis management team, Greensquare has made great efforts to encourage and establish new leagues that James Bollettieri and Tom Mar have coached and directed themselves. Match tough (4.5 players and above) -This program was created to encourage high-level players to participate with other tennis patrons at the same level. This program starts with an extended warm-up by using a live ball practice developed by coaches from the IMG Nick Bollettieri Summer Academy Camps in Dee~eld, Massachusetts. Following a 30-minute live ball practice, players participate in a round robin tournament that includes a handful of Greensquare teaching pros and top ranked juniors. The prize for the winner is no charge for the class and bragging rights until the next week. This class was temporarily canceled, class will resume during the spring season of '07 at North Shore Tennis Center from 4 to 6 PM. Cost $20 Tennis ladder -Established before Greensquare arrived, this program is available for intermediate to advanced players to meet other players socially and an opportunity to compete against other players outside of their regular partners. Players must register at Flamingo Park, but can. play anywhere they choose to play. SCHOLARSHIPS AND DONATIONS Following Nick Bollettieri's footsteps doesn't stop with just the programs and the teaching philosophies. Nick, throughout his illustrious career, has always helped kids who had talent and were just good all around kids, but didn't have the money to train (i.e. Brian Gotfi-ied and Jimmy Arias former top ten players in the world). Greensquare (namely Tom Mar, James Bollettieri and Victor Weithorn) in the past five years have helped many kids experience high-level tennis training through scholarships and donations from Greensquare. The 10 recipients have been a wide range of kids spanning from local neighborhood kids, to sons and daughters of staff members, to former students of our teaching Pros and to former students from lower level classes that have the ability to advance but can't afford the training. In addition, thanks to the Miami Beach Parks and Recreation Department, the PAL (Police Athletic League) and other non-profit organizations, many of the local kids living near North Shore Tennis Center and Flamingo Park have had the opportunity to experience world class Bollettieri Tennis Training. FUTURE PROGRAMS Adult Academy (Intermediate and up) -Based on the Adult Academy at the IMG-Bollettieri Tennis Academy at Bradenton, Florida (see www.imgacademies.com), this program gives adults all over the world the same opportunity to "train like a pro" in Exotic Miami Beach, Florida. All tennis training will be held at the North Shore Tennis Center. If needed, hotel accommodations will be at the Miami Beach Resort and Spa (see www.luxuryresorts.com). Future Hotels may include the Eden Roc Resort and Spa, Canyon Ranch and the Loew's Hotel. Players who choose to stay at the Miami Beach Resort will be shuttled to North Shore Tennis Center. Shuttle services provided by the City of Miami Beach Parks and Recreation department. The program includes, fitness training and stretching by Professional Fitness Trainers, the famous Bollettieri tennis drills, simulated match play, video analysis, and supervised match play sessions with Bollettieri trained tennis coaches. (Scheduled to start in January 2007) Schedule: 7:30 a.m. 8:00 - 8:30 a.m. 8:30 - 9:00 a.m. 9:00 - 10:30 a.m. 10:30 - 10:40 a.m. 10:40 - 11:30 a.m. 11:30 - 12:00 noon 12:00 - 12:30 p.m. 12:30 - 1:00 noon 1:00 - 2:00 p.m. 2:00 - 2:30 p.m. 2:30 - 3:30 p.m. 3:30 - 4:00 p.m. 4:30 p .m. Cost: Shuttle service to the courts Stretching w/ the Fitness Trainer Evaluation and live-ball warm-up On court drilling Fresh fruit and water break Simulated Match Play Workout w/Fitness Trainer and video analysis Lunch Free play On court drilling Serve & return practice Supervised match play Free play or private lesson Shuttle service back to the hotel Five-day: (Monday through Friday) In-season - $985.00 (Nov. -Apr.) Out-of-season - $885.00 (May -October) Three-day: (Monday through Wednesday): In-season - $625.00 (Nov. -Apr.) Out-of-season - $565.00 (May -October) One_day: (Any day Monday through Friday) In-season - $235.00 (Nov. -Apr.) Out-of-season - $210.00 (May -October) Half-day $120.00 (Nov. -Apr.) $110.00 (May -Oct. ) Corporate Events/Executive Retreats -The Corporate Tennis package is designed to make corporate outings and executive retreats fun, challenging and healthy! Corporate groups can choose our standard package or customize their own event. Our standard package includes; a stretching and warm-up session with an MBW-Bollettieri Certified Fitness Trainers (20 minutes), an extended tennis warm-up clinic called Match Tough (see Match Tough under Implemented Programs) and a round robin tournament coordinated by a Tennis Director. Shuttle services, refreshments, lunch, trophies, balls and prizes are included in the tennis package. Hotel accommodations, meeting rooms, additional meals, spa treatments etc. are available at the Miami Beach Resort and Spa. (Scheduled to start January 2007) Schedule: 9:00 a.m. 9:30 - 9:50 a.m. 10:00 - 11:00 a.m. 11:00 - 11:30 a.m. 11:30 - 12:30 p.m. 12:30 - 1:30 p.m. 1:30 - 3:00 pm 3:00 - 3:30 pm 3:30 - 4:00 p.m. 4:30 p.m. Cost: 20 players or less - $1625 21 to 30 players - $2195 31 to 40 players - $2925 41 to 50 players - $3650 Shuttle service to the courts Stretching and warm-up w/ the Fitness Trainer Match Tough practice Round Robin Orientation and Fresh fruit & water break Round Robin begins Lunch Round Robin Resumes Finals and trophy presentation Free play or private lesson Shuttle service back to the hotel 50 or more please call for a quote. 12 OTHER FUTURE PROGRAMS Junior Match Tough (Advanced} -This program exclusively for juniors is identical to the adult match tough program. This program as well as the following junior programs is designed to encourage juniors to participate in more sport activities during the weekends and less consumption of TV, computers and video games. Junior Traveling_Team (Tournament Players) -Inspired by James Bollettieri's past experience as the IMG Bollettieri Academy Traveling Team Coach, players from our Academy program will be encouraged to travel to other clubs and tournaments to compete against other junior tennis players. Free Senior Clinics (beginners only) - as managers of public tennis facilities, we feel that it is our civic responsibility to accommodate all citizen groups, that includes seniors, therefore, Greensquare, will offer free clinics for seniors to encourage exercise and good health. FUTURE PROJECTS Food and Beverage To stay in line with the decision the Public School Board made in regards to what types of food and beverages are offered our children, Greensquare has decided to remove all food and beverages that are deemed unhealthy and will be replaced with healthy all natural snacks and drinks. Surveys will be distributed to all parents and adult members for suggestions. Improvements on our Racket Stringing Services As a convenience to our tennis patrons, Greensquare intends to improve our racket stringing services by providing the following: 1. To ensure more consistency, a customer database will be started that includes information such as, name, contact information, type of player (i.e. beginner, intermediate or advance), last strings and tensioned used. 2. Offer a larger variety of strings. 3. Invest in automatic stringing machines for more precise tensions and faster turnaround. 4. Offer discount cards rewarding good customers. Greensquare Information Website Greensquare will create a new website that will provide more services and convenience to tennis patrons by offering the following: 1) be able to register and pay for programs on-line. 2) Offer easy access to club/program information and be able to print marketing materials on- line. 3) provide patrons a quarterly newsletter that gives information about current and upcoming events. 4) As an added service, have links to other sites associated to Greensquare, like, nickbollettieri.com, miamibeachfl.gov, luxuryresorts.com, etc. 13 INNOVATIONS Nick Bollettieri for decades has been the first to do many things in tennis just by virtue of evolution. He was the first to incorporate fitness as a major part of a player's training, which as a result has changed the game forever. He was the first in being effective with mass training that ended up producing three Hall of Fame players at the same time namely, Jim Courier, Andre Aggasi and Monica Seles. Nick Bollettieri and IMG Bollettieri Academy is famous for creating new innovations, and by association, all participants of Greensquare programs will get the special opportunity to experience the many new and old innovations created by arguably the greatest tennis coach in the history of the game. MARKETING AND PROMOTIONS The way we have achieved all of our goals as mentioned previously, we believe, has been greatly attributed to a thorough, consistent and a well thought out advertising and marketing campaign. A variety of mediums have been used such as; Florida Tennis for our local markets, Tennis Magazines to advertise our summer camps abroad and brochures, direct mailers and flyers to target specific markets such as placing brochures at the concierges in all the main Hotels on Miami Beach. A website was designed to provide people with general information about our business and create credibility. This also has allowed prospective customers to receive brochures and book reservations to our programs via online. Initially, many press releases were sent out to various news media headlining James Bollettieri independently following his father's footsteps. Luckily, several articles were published in Florida Tennis, Tennis Magazine, Miami New Times, Sun Post, the Miami Herald Neighbors section and a variety of local tabloids. In addition, we also plan on becoming members of the Miami Beach Chamber of Commerce and will participate in same of their gatherings and events. This will help our operation tremendously by creating exposure to travelers from all over the world visiting Miami Beach. There are many more avenues to help our business grow that we have yet to explore, particularly through Adult and Corporate programs. I hope that we will get that opportunity in the near future by continuing a business partnership with the City of Miami Beach. AWARDS AND RECOGNITIONS Since Greensquare took over at Flamingo Park Tennis Center on March 4~' 2002, despite the inherited conditions of the facility, Newtimes Best of Miami issue selected Flamingo Park Tennis Center as the "Best Tennis Club" in South Florida for it's many programs offered. Later, in 2004 and 2006 North Shore Tennis Center won "Best Tennis Courts" in both the Newtimes and the Sun Post Best of Miami issue comparing North Shore Tennis Center to many of the elite clubs around the world. 14 FINANCIALS Our actual gross revenues during the first four years of our contract were as follows: 2002 $326,728 2003 $508,137 2004 $639,811 2005 $657,443 In 2001 we projected that by the end of our contract gross revenues would total $721,900, In retrospect our actual numbers reflected our projections. Due to Hurricane Wilma, we lost eight weeks of revenues from Flamingo Park. Flamingo Park Tennis Center, on the average, grossed approximately $33,000 per month, if not for the hurricane, we would have had total gross revenues of $723,433 (i.e. $657,443 from 2005 plus $66,000 revenues loss) leaving us off our projections by only $1,533 over. Our projected gross revenues for the next three (3}years of our contract is as follows: 2007 $907,443 (OS' revenues at $657,443 plus estimating five (5) Adult Academy students per week is $250,000 per year). 2008 $1,057,443 (OS' revenues at $657,443 plus estimating eight (8) Adult Academy students per week is $400,000 per year). 2009 $1,157,443 (OS' revenues at $657,443 plus estimating Ten (10) Adult Academy student per week is $500,000 per year). We are confident that for the next three years of our contract, with the implementation of our new programs (see Future Programs) our gross revenues should exceed $1 million. 15 Exhibit "A" Programs Implemented Exhibit "A" continued INSURANCE -EXHIBIT "B" 18 WORKERS GOi~PEfVSATi(]Id AAI® EPi~RLOYERS UAF31LtTY (NSJf~Ah!CE Pt7L.1CY iI~IFORMA:TION P~O,E COMPANY "LEMTH I:NSUR,M'CE COMPANY NCCI COMPANY N0. - 13145 t. INSURED AND MAILING ADDRESS CiRFEN SQUARE, INC;. P.O. BOX bI5 MIAMI, FI. 33 t 19 PHYSICAL ADDRESS 501 72ND ST. i1~[IAMI BEACH., FL 33140 OTHER WORKPLACES NOT SHOWN ABOVE: See Extension of Information Page. POLICY NUMBER t 067489902 EC PRIOR POLICY NUMBER 2067489901 Entity FEIN Board File No. Group Reference Corporation 02-05487 ] 5 0913823 8 i 2. The policy period is from : 07/1 I/06 t2:Ot a.m. to 07/t 1/07 i2:Ofi a.m. standard time at the insured's mailing address. 3. A. Workers Compensation insurance: Part One of the policy applies to the Workers Compensation Law of the states listed here; Florida B. Employers Liability Insurance: Part Two of the policy applies to work in each state listed 'in item 3A. The limits of our Liability under Part Two are: Bodily Injury by Accident $ Bodily Injury by Disease $ Bodily Injury by Disease $ 100,000 Each Accident 100,000 Each Employee 500,000 Policy Limit C. Other States Insurance: Part Three of the policy applies to the states, if any, listed here: All states except states listed in item 3A and North Dakota, Ohio, Washington, West Virginia, Wyoming D. This policy includes these endorsements and schedules: See Extension of Information Page. 4. The premium for this policy will be determined by our Manuals ofi Rules, Classifications, Rates and Rating Plan. ?;ll information required below is subject to verification and change by audit. See Extension of Information Page. Total Estimated Premium $ 7,602 Deposit Premium $ Minimum Premium $470 Interim Adjustment of Premium Shall Be Made ANNUALLY Interim Payment of Premium Shall Be Made MONTHLY PAYROLL REPORTING For Policy information Call: PRODUCER PAYCHEX AGENCY, INC. WC OPERATIONS i i7~ Jt)tIN STREET Countersigned by: WEST' HENRIETTA, NY i45£sb-9199 gate: Authorized Representative (S00) 472-0072 024-09I770A 1(10 SERVICING OFFICE F.(~. Box 9055, fan Nuys, CA 91.409, Ph: (8C10j 333-6445 VYC-00-00-01 A Inc]!ides eupyrigh: material o(!he Na!ional Coutx ii !m <:omi;cnsaoou Insurance used with rC1 permissron. Copyngbt i99! National Cswncii on C:om{x•n~a@on h+surance- f ~ F.f ~,s~ ~ \ i;.dnr ~ ~ ~ i' ~ r! L,A ~""c~ c~ ~ C ~ t'tr" f ~ L ~k~a F ~~ ~' F J „2~'. ~Q'~x rya ~ _ ~.. _. ~,•,TyF lk{tikflDLT/:~t/~~~/•,n. W ..._....W..-- •--_-~ ~......._..._. .~_.- PRpCLicea ~ THIs CERTIFICATE !S ISSUL-J /iS 6l NIAT E'ER OF INFQRIt4,U.TlQN Eli'tc'~(~:,KIRVFrStOb'1?~t7C, i ONL.Y AND GONFE%S NO fttGY,iS EJPt}N TFiF CEF2TtF!CATE 2 Alhambra i-laza Suite ,iCQO ~ IiQLi3ER. THIS CERTIFICATE GO[S NQT AMIENG, EXTEND OR RLTFR THE COVERAGE AFFORLIED 8Y THE POLICIES t3ELOirll. . ...... Corgi! ~~at:iss, FL ''? i 3~'-52U~ - ---•.-___._~. MNSURERS AFF©fti.111d{'a C+DVIrRAGE I tvAIC # +NSUaeG Grer'~nsyuare, !rrc. INSUKeRA. Nautilus Irsi.ra~c:: t;cm an t-~ ~ ~---- _ _ _ ~ ~.__----__ _r~a,u.rz C!0 Tom #v9ar ' s:dsLU2ER ?. P 2J 3ox G15 ~ -- ---- ___ ._ _ - _-- - -- IF75LRF.R C --~-_ ' t~iiarni t3eaCn, r'!_ 331?~i oysuREti. r, --------- ------- - _ Iti9 JREA. F ~- ~--"~i (:hVFRAs:FS '~~~ I THE Pdi{CIES QF ittSURAtJCE Li5TrD C:,tLOiJ'l HAVE SEEN ISSiJEFi TO THE IIJSUl2ED NAA.9Ed ABOVE FG, ' R Ti§E + OLlCY' PERiQ!] INCiCATED NOTWI HStAND;: S -, . • C, A9~3Y f?EQi,uRF`L§ENT, TERPitf OR i,L`Nt71YtLZRd OF AA7Y LGIJTRACT Ci2 dTHER bpCL'R4CNT '.'Y"TH ftFSPEG[ 3'O ifi1Ft£wH THIS CERTIFICFl7G ! 9AY 3 S h E IS ilE(] C)F j tdln.Y PE(iTA.iN, T:1E IYf,URAPIC,L= P.FF01~7Dc"_d BY THc i~OL6CIES DES%Fi?BEE1 ~lEREIN A5 SLiB~FCT Td A!.t TF7E TE!?fv1S kY,;:LUSIdNS gNfi ;"Oro;?I'CION5 O ti Pf)LiG1ES .A(ziREG.ATF LI~IfTS SHOsMJ MP.Y HkifE 6Ef'N F?EOUCEp BY PAIG CLAItYtB. . , . F Su H { 1NSF 4DP'l,+ I ( POLICY EFFECTIVE POGCY EXP+aATiGN - LTR N3'Lr POLICY NUR9RER ' ^ { , - PE INSUP.Ah . - _~_.~E t: _~ ,.,,~~ GATEjR1M't3p/ ~ - GATE (Mfi1Cv7:1'~ LIf91T9 A X ~ GENcRALCfA81L[iY NC551437 { G6t221Q~ ! , T _," __ 06l221G7 rcl- ccs-:f=zRF!veE ! ~ '" ' 1 raQQ GOQ .~{. Cpldt.9l.FiC,;t,L. ~EtdERkt. L!AHlL1T; ! . F -- -_ . . _ . .... 7 f h .:. " 1 V iT1 P[.r) °I Lt§ ~ES { $ . , 1_ ._.. 5 j I t ~clcc~rnn _ej - - (}spp~ - ~ tiLAi~SS MfAGF h~ i7G~il r - _ .... t ^DEkf~,.•,ni•rne AC+rs:u~i 5 T,(}Q~I. F'i~'R!:.ttMl & ATV IN.:ilf.' i ~ '~ (~~(~ ~~-. _- re a=RAI. A~caa;cr.•r `s 2 OOO D~~ I c rV'i .!,(C;'n( A_ L ;?Jlt FF .IE :i PLii; . - r-F 7,,l.li:'. L (,'nFIC'( ACr $ , , '! 4 t't:, - _~ _l. _. ALiT0410RiLf LIABILITY -~--- _.. __.-..._._,~ - ~ .CM93iNEa Sits..^,3. E' ~ IR9iT .~,. ~ ANY AUTCi 1-e 3:..tacWrt<I A _._-._._ 5G11=.!_ l1l.cU til:'~ i);'. ~' I ! lGRf garcon) ~' { I I aV N ?J ' ' ~C 3Ciat1" INJ11R`! ^ f . D -O :S I {f NEO U i w (ecctrlnnl; ~ - i ! PhUPERTY DA,L4a.eE ~ - i LUH SAGE LAAeiiL7TY .__"'- _----t---_~-_~.__ ~ <iCfTO Q*!i-;' 7~A, nG:JIL:EPfT ! $ "-~ J _. _ -. i ALTLJ Ofi2~. _ -~._..,.. -----T { E.7CESSiUMBRELLA LIAUILRY '' __ _ (~ hG.`! pC ;UF<I2:~Nf,F j ~ . ~-..____ ~JMUP. :al::tdS tAAL)E ! . ~ 4 A, i I E CiA._- _. _.----- _ DcilllL;aH'-`" j I I a ~_RETEr~rTIL`N 4 E ! -- -~` ~..._ _-.__ _.._"'_~.."._ --_. ~ .. .. __ ~ YJORKERS CpeAfENSA7IGN AWp ~ - ___.~.-.. _~.--•r ~,.l.ki. ----, ~ 9~K'Ji 'p'url- ~ ~T__ ...... EA7PLGYEaS'L1LB!I.ITY ! .J=S.31~.Y.LI]~iT;L!_ ;._tR ! " a PR•'.'R:L7OF;PARTtKER'F KLiJ :i?;._~ r.i. F.,+:.H 4;; ~IJ@!~T 8 j O~I"I:fG ~~E..REXCLLtGEb? __.._.._ - __._. _. ! 1 •s. U..,. ~. u: a1nr ~ DtSr ASF ~':A Ef W1t~.::YEEi S ... V•S . taS : sow .._.-_ _ _~ ~ E. i:..EkS -n^UcY'LIWSt' 5 ~ _ ~ ~ UTRFR . .......~._..._ f .~_-..._..._._.~..... _~____, i 1 G£SCRIPTION OF fJPERA.Ti0i:5!LOCA"*IGRSrVEYICLESi E%CEUSIGNS AODEG BY FNUCR6Et!ENT!$PECIAL Pr'tOV15 IONS ! -"- --'~ TENNIS C~NT~RC- F~Y:tl41PJG~ PARK & NC}M f N S6-!C)f;E cFi~rlFtcnr>^ Win, rt=>* -- - ---~ ._.. ---? ..._..-r.~ ~~.. t I~,~ _ 5ND11LD AHY OF THE ARDYE DESCRiEJEG PpLJC7E9 SE CANCELLED BEFORE TF!E EXPIRATIaN ~.+`!'rnj1"ryY OF fVliAPI: I~~AC. cH TC[~ UATE 7HEKEOF, TtiE !<.SUING R,SUAET•. VJi LL. EtQGEAYOR TO ~AA71 "_ ;O GAY$ WRITTEN I t!y C~CN ifl.I~ITfCN CEN 7 Lt0 NCT{CE 76/T~1E~fp'FcTIfICL7E HOLDER NA?dED Tt? YYE LEF=T, 8U7 FAIL'3RE 7G Dfi SH L ~ti !A~! R~AC~, NI_ J3~! 3q ; lMP'ASE H4 4$1X ATIDIt/pR Lir.s+LJI''(~1P 4fiY ~ND UPON YNE IN~~{pRC-R, ;Tg AGF_N7~OR , ~~ ~ Stock ~ol~~~~~. CQl1l~iV~~~CiAL LI~~ ~L~ ~° THIS POLICY 1S NOT OBTAINED PR1l1ll,~aRILY FO€~ I=~EE~SON~~L~ FA~+11LY OR HOUSEHOLD PURPOSES. THIS POLICY CONSISTS OF: - Declarations; -Common Policy Conditions; and - One or more Coverage Parts. A Goverage Par# consists o#: - One or more Coverage Forms; and - Applicable Forms and Endorsements. in Witness Whereof, we have caused this policy to be executed and attested, and, if reWuired by state law, this policy shat! not be valid unless countersigned by our authorized representative. Secretary 7233 E. Butherus Drive Scottsdale, Arizona 852B0 --.._. ----President an C .Q ~----__._..-- Telephone {4sOj 957 -0~[j5 Facsimile i;480j 95 ; -9738 A 13F.R.KI F'Y CClMFA14'YF: i ~-:-1 ~~fr S944J (G4!05) COMMERRCIAL LINES POLICY -GAMMON POLICY DECLARATIONS Scottsdale, Arizona Transaction Type: Renewal Renewal of Policy # NC459388 _.-~_ __. inspection Ordered: Revrrite of Folicy # T____~ i~ Yes ^ No Crass Rei. Policy # ~_____ _ ___________ Named Insured and Mailing Address (No., Street, gown of Gity, County: State, Zip Code) GREENSQi;A?2E, INC. ~~ / o Tc~t I~AR PO BOX 61S NIIAPhI BEACH F'L :33115- Agent and Mailing Address Agency No_ GG92G - GG (No., Street, Town or City, County, Stata, Zip Code) Enrig}it ~ Wilson, Inc- 5555 Hollywood Blvd., Suite 200 Hollywood, FL 33021 Policy N~. ~V~55~ ~~? Surplus Lines Agent: Thomas P. Enright 5555 Hollywood Blvd., STE 200, Hollywood, FL 33021 License #: A077937 Producing Agent: Larry Stowe, Elliott Mckiever & Stowe, 2222 Ponce De Leon Blvd., 4th Floor, Coral Gables, FL 33134 THIS INSURANCE IS ISSUED PURSUANT TO THE FLORIDA SURPLUS LINES LAW. PERSONS INSURED BY SURPLUS ONES CARRIERS DO NOT HAVE THE PROTECTION OF THE FLORIDA INSURANCE GUARANTY ACT TD THE EXTENT OF ANY RIGHT OF RECOVERY FOR THE OBLIGATION OF ANY INSOLVENT UNLICENSED INSURER. NO FLAT CANCELLA`T'ION Policy From or;/22 /2006 to U6I22/2GO7 at 12:01 A.M. Standard Time at ourmaiiin address shown above. Period: Y 9 Business Description: OPERATES TENNIS CENTER FOR CITY OF MIAA';I IIEACH Tax State FL Form of Business: ^ Individual ^ Partnership ^ Joint Venture ^ Trust ^ Limited Liability Company (LLC) ~`-1C, Organization, including a Corporation (but not including a Partnership, Joint Venture or LLC) IN RETURN FOR THE PAYMENT OF THE PREMIUM, ANp SUBJECT TO ALL THE TERMS OF THIS POLICY, WE AGREE WITH YOU TO PROVIDE THE INSURANCE STATED IN THIS POLICY. THIS POLICY CONSISTS OF THE FOLLOWING COVERAGE PARTS FOR WHICH A PREMIUM IS INDICATED. THIS PREMIUM MAY BE SUBJECT TO ADJUSTMENT. PREMIUM Ccmmerci.al General Liability Coverage Part $ 13,737-GU $13,737-00 $135.00 $ + $?,7.74 v ;$-5.9.3_u.E_Q $ - t t { ~ -} _ i ___.- 1 ~_ @@ .p TaX & Fee Schedule TOTAL ADVANCE PREMIUM $ 1 3 , '73-7 - OG POLICY F'EE ' ~ 35 -GO Minimum 8~ Deposit SURPLUS i,INES TA}: 693.6G SERVICE FEE 27 .74 TOTAL TAXES & FEES $ 856.34 ~ INSPECTION FEE i0~i.00 ~ TOTAL $ 14,593.34 I Farl m(s) and Endorsement{s} made a part of this po4icy at time of issue: Refer to S9o2 Schedule of Forms and Endorsements. l Surplus Lines Agent: Thomas P. Enright ~/"~ License Number: AC77937 ~OUnterSigned: Ho 1 ?. ywood , FL gy / --~,. U 6 / 1512, C 06 DL Countersignature or Authorized Rep errtative, whichever is applicable DH THESE DECLARATIONS TOGETHER WITH THE COMMON POLICY CONDITIONS, COVERAGE PART DECLARATIONS, COVERAGE PART COVERAGE FORM(S) AND FORMS ANO ENDORSEMENTS, IF ANY, ISSUER T() FORM A PART THEREOF, CO['JIPLETE 7HE A80VE NUMBERED POLICY. Includes copyrighted material of Insurance Services Office, inc. with its permission. sA4a c,o~o4) oRIG1NAL NAUTILUS INSURANCE CQPViPAN'`~ Poiiey Number: NC55143~' [C1SUred: GREENSQUARE , INC . C/O TOM MAfi SGI-9E~l~LE CAF F®RMS AND EN®QR~EfViEN~`S 5944) (04/05) Nautilus Policy Jacket IL,COl'] (11/99) Common Policy Conditions 11,0021 (07/02] Nuclear Energy Liao Exclusion 5013 (12/UO`r Mi7iimum Earned Premium Endt 5020 (04/05) Service of Suit S15U ('10/04} CGI, Coverage Part Declarations CG0001 (lU/Oi) Comml General Liability Cvg Form CG0052 (12/021 briar Liability Exclusion CG2144 (U7/9B) Lmt of Cvg to Designated Premise CG2146 (07/98) Excl - Abuse or MoiesT.ation CG 7.160 (09/98) Excl-Y2K Computer-Other Related CG2175 (12/02) Excl of Cert & Other Acts Terror SGO1 {U7/D4) Amendment of Premium Candition.s 5007 (Ol/9Bj Contractual Liabili*_y Limitation SU16 (09/03) Professional Liability Endt 5022 {09/03) Dcd Liab Ins - Incl Cost & Exp 8025 (04/99) Exclusion - Tanning Booths 505G (04/99) Exclusion - Voluntary I,abcr S051 {09/03) Additional F,xclusions & Conds 5066 (09/03} Excl.-Unsched Activities & Events S076 (U4/99} Exclusion - Communicable Disease S091 (04/99} Exclusion - Lead Contamination 5092 (04/99) Limitation of Coverage Si52 (Cl/G4) Additional Insured Endorsement 5261 {U8/03) Asbestos Exclusion 5262 (08/03} 8i.lica Exclusion CGO1,20 (12/04) Florida Changes-Cancel./Nonrenew Ali Qther Forms and Endorsements of this Policy Remain Unchanged. S902 (12/98) Page 1 of 2 >~AUT{LllS {{VSURANCE COMPANY ~C~f~t~}ERCt~L ~E~IER.~L Lt~EtLtTY C®~fER~~E P~FiT' Dt=GL~F~e~l,~'IC~t~l~ POLICY NUMBER: NC551~437 ^ Extension of Declarations is attached. Effective Date: 05,22,%zooE 12:01 A. M. Standard Time LIMITS O_F INSURANCE ^j if box is checked, refer to form 5132 for Limits of insurance. _ _______ _ General Aggregate Limit (Other Than Products/Completed Operations) $ ?, cr~~~aoo ~ 'u Products/Completed Operations Aggregate Limit $ INCLUnEt? _ Personal and Advertising Injury Limit $ _1, ODO _OQO _ Any One Person Or Organization t Each Occurrence Limit $ _~ , ooo, aoci Damage To Premises Rented To You Limit $ ____ 50 , ooa_ Any One Premises Medical Expense Limit $ 1, o0o Any One Person RETROACTIVE DATE {CG 00 02 ONLY) ---~_~_~.~_____., ___._ ~ __ .~____ `____ This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" which occurs before the Retroactive Date, if any, shown here: (Enter Date ar "NONE" if na Retroactive Date applies) BUSWESS DESCRIPTION AND LOGATION OF PREMISES ~~ BUS{NESS DESCRIPTION: aFERATES TENNIS CENTER FOR CITY OF MIAMI. BEACH ~ u LOCATION OF ALL PREMISES YOU OWN, RENT, OR OCCUPY: ^ Location address is same as mailing address. 1. 1~TH STREET & JEFFERSON AVE. MIAMI BEAC"rI FL 3 313 9 - 2. 5C1 72ND STREET MIAMI i3EACIf FL 33139- Additional locations (if any) wit! be shown on form 5170. LOCATION OF JOB SITE (If Designated Projects are to be Scheduled): PREMIUM P RATE W ' ADVANCE CODE # - F A ~ Y CLASSIFICATION ~~ ~ ~ ~i3ASiS _ PRJCU A!I_0_ the-r--~-- PREMIUM 44315 -Health and Exercise Clubs or Facilities - S 640, 00o I INCLtJ>7ED ~` i :tl„CLUDED with equipment ~ I 21 . 07., f 13 , 487 I 1 -Additions! Insured -See form S152 I ' I j ~ I ~ X50 i , ' I I ~ I I * PREMIUM BA51S SYMBOLS + =Products/Completed Operations are subject to the General Aggregate Limit a =Area (per t,000 sq. ft. of area) o =Total Operating Expenses s =Gross Sales (per $1,000 of Gross Sates) c Tota! Cost (per $1,000 of Total Cost) (per $1.000 Tota! Operating Expenditures) t -See Classification rn =Admissions (per t,D00 Admissions) _` p =Payroll (per $1,000 of Payroll) v =Units (per unit] __ _ __ __ ___ _ PREMIUM FOR TM1S COVERAGE PART $ _ 13 , 73 ~ FORMS_AND_E_N_DORSEMENTS _(other than applicable Forms and Endorsements shown else~rhere in the policy) Forms and Endorsements applying to this Coverage Part and made part of this policy ai time of issue: ~ Refer to S902 Schedule of Farms and Endorsements T W.FG~ rlF(~I ARfl7{(InIC nnG ono-r nc -r~ .r nn. ~~. ~_._-.~. -- - - - - - ~ ~-~ ~ ~ ~~- ~ .~~~~. * vct.varv~ i rviv~ t,urv ~ Atiwrvta ~ Nt NAr/~E OF rHE INSURED AND THE POLICY PERIOD. Includes copyrighted material of Insurance Services Office, Inc. with its permission. St50 (10j0Qj Copyright tS0 Prcperties, Inc., 2000 PERFORMANCE BOND -EXHIBIT "C" 25 F: -,... € r ~.:. ~.. ! ~~~ ,E. tr. ~ is i;,.~ .. i.ll!k: [.Ir f Tt:E~ti S,F _ 1='.E t~ I: i (~1_(t'iP_k;' 4~`::,t;~J[~t~;~g i.~'j E iii i:tj;~} ~}±I:.!': ~J'a r~jt) 3 t'; f•IEi;°f".F{'~ WfiF-r,?G~}_t.a r=1`:~ I• ll(..[_4:t(~{'=~: ~s'i~: elC>hiE I'ti'3' ziE~. ~1:.5t:si•!F }:tt.~r? :t'ti:l;_:l:1_I..F~;`l.i.-i~t,i:~lfxt;~:: I.li::~~i~.:fi ,~t_11.1~ =:~t. :~~~~'?, [,iH[d_[~ i~iiZt-; k~~C.[:~MI-'•-. [111 i F;i~fl? i,tt~:i.f_i. [:~~ -: ~ 1. ~: LS [ ~ i5t.1 7rr~'tF~. I r; I~~ r;.'~~t". t',f 1"j F: C'° ~l; t,ti:~ •i l~ti E_. t~k c.,; c'i.~i3 ~. :yl. t'+'~Fi}W is 'f l~ktt'i' ;;d~.?l;> t. ["tl'd[:?:S ! i C;~~+'-. 't.'t_.i`if~:i ;~d ~ td~f.:i-iAl'?1:~1: i~: •}~L}~.~ :~T~F~~~~.';tf~;a~i ~:•_ 1_~E;,.'3~("~€~ 'Et:t '[k-li~ t_lP:~4i~d;}~C4 ~'lJ~:'((1i~?t'. ~gJ~; ~~?Yi`~~(t;E- I°(?}? 1.1}1l.`~jhll~ E~ (ii f''r d. i E i.~.t ! ~ , t ~,.":~ itt ~.'? i [:~E~ ? r'v l i E:i';i`~ ! it~t•?r'~:. f_ li€~fii.3h tat t..f~j;;=jF ~'(F r'i_F;t ! ; ~'t i:i1~~ ....±~. fir~; F'I t.' ':i I_ii`k 1.•I!i~;F?k l'F i<~i .Lf.~ ~_~f P l=.d. l „ '-1 f °~ fi ~4 j ' "'~, ~ r r LETTERS OF RECOMMENDATION AND PETITIONS - "D" 27 ~~~~~~~~ '~3. . '.moo , Jimmy Resnick November 28, 2006 City of Miami Beach, Procurement Division: By way of introduction, my name is Jimmy Resnick, a lifelong resident of Miami Beach and an avid tennis player for as many years. It is with great pleasure that I write this letter of recommendation for Greensquare Inc., the tennis management company currently in charge of our public courts at Flamingo Park and North Shore. Over the last four and a half years it has been exciting to see the tennis programs at both facilities grow to a level of excitement created by extensive participation of Miami Beach residents. This is especially true in regards to the junior programming. Four years ago, the tennis programs offered for children at both parks were limited at best. Now, just about every afternoon, I take pleasure seeing the courts filled with children learning to play a sport that will last them a lifetime. The same can also be said of the various adult programs and tennis ladders. With programs geared toward every age and ability, any player can learn the finer points of the game, enter tournaments of any level, or find a steady doubles game. In closing, I have visited tennis resorts and clubs alI over the world, and am not afraid to say that Greensquare Inc. provides a level of professionalism and teaching that is on par with the best. In fact, many of my friends from out of town now consider taking a tennis lesson at Flamingo Park a must on their list of activities. I consider Greensquare Inc. to be a fine asset to our great city. Sincerely, J' Resnick OFFICE: (305) 673-4981 FAX: (305) 673-6054 1228 ALTON ROAD MIAMI BEACH, FL 33 139 ... !=tf~r: 8~~~,~~s,~t'i ~e.':~~ri e¢ ~et~at~(s ~-r. ~;t)'-", t-j{ i::i31~)~i ~''•.i'1~:7E;[: j:iiiF7~fi:?:~i;itl=f~,(~i`.>iiKalf?i;liu~s?S='?''°.(=";i~I~ EC`s; i'ii3Vti!"(.jE'i'C?1~.i'G)iiii3F1lI~.1C'.:~C:fl`~.~(~J° ~ia_''p~L".'~:a ti01IELj'.IE'i.R J:.~lC:C7~ .,fi ~F'.!li-Ei,. r . t t i `:~ ?;71t .<.'iS1 Ill ]sPt:• i.T`f)I2i 1:'Oi%u' (3{ t tIE'. ~11ti~7.t'y.ii°t.' s:3~sfi. P]Iw~2t. ~]t• i~t~t? i ao~1 .f~snist~ i31FS~~;I:i~ ,31ST} \R'~?c: t?lfig~. At37]}T'('S:~t'f3i V4'1].~I YEil1i" lIi*':751i'P134'~z: ~:3llf~ 1_I~'~?t ~1E1;~ti"~.E?(~ 1'f?9 ~lr?? (:.(?i'i2I??BFI?E~ O~ fifii? :i3i't'~.111ry! 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Milt:' ~ Vt't)iPt(~ 1'r ~•s`E~(;fi:f~(ltl~ styli 'S'(`i; t0 ,'l~jt}Wl% T~ZPl71 Lt3 ~:i=._a ~;'?t'(?.li si_ris'+e~.t'l' .t}F-t2i i?~E~(~' ?;ti)If~~i-:: ~:i~f,E° i f~~)t'lI' ~l i'~j. ~:E'Tlli ()~ (yj3 3i70IYT.~] ~ F3:~_j3l ~ f? ~•_ ~.;].z': 'iLI7r'., BPS iltl 4`eiS~jl~IllT3eidb ~~'It~;) fl;1fi idi,fi'[`P1fif?(~ ~1'i51i~.:~f'(sPt3t< <..P3f~Z •'1~.])l~P' 1"f.'lill:~~ Vt'll.:' ~ ,~ n Y . ?.8> •;v :j j,llE! ~Eif L? i'f'~;'al~ iT ti'). ~'r~II(,`~3 j,~l(`. i~tiljjC'j-j:iE'J''3.11ii?)(' i;= ~]C'3{~, ,~;lli~ ~ L;i3'1? ~12I'£' >~<fi `; Lt ;i: i ji;'E'..'''.~;7ri ('lA ~I',('('f';5;~'t.ij,e:7)1C~ 1'C?:'!)~.31If~f'i~ P(;E3J1IC I]i~lS?(' 1I1 1`l~l(! j.f'Yl.T1}G, 1~rt)T'~C~'!ai)C~t'i' ~ i2:` . , `z~' + :;+~'"f'?l=f'i3~, t?~ f, ", c~f3ilE~c ..C}~ 6 I:1,?.f ~I lt~ j 4_ IZP7 :e ..2 _ .. t ~.[3 _y5._:. ,-31 a f'e 'Pi ~ , S F j ~ !it ?~;ji ,.~ r~ ~.i]? 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Ia~.'rfz+i, jzr`.~ ~fi:~2;3f ti _;11L;%i t_'1k2 iI'9f' ~.3- a.~ :'+'b~K~1~:r=~,j;A'`'( i Q~li L l~l L 5i ~~cereiy Sis R.al~h and Lady Laura Haii~ern H«}neowners X17 Eas#. Diiicio Drive Miami 5each 33139 cell 305 300 9G63 "Cuesday, t)ctober !U, 2()+~6.Atneric~ C?nline: CsREENSQt.7A1~~IN(~' Miami Beach, November 13th 2006. TO WHOM MAY CONCERN The present letter is giving as recommendation for James Bollettieri Tennis Academy at North Shore. That way you understand the reasons we would like to keep these phenomenal coaches in our son's training. My husband Oscar and I have been married for 20 years. We both are doctors from Venezuela. He is Radiologist and I'm Pediatrician. We were trained in US as fellows between 93-97in UMASS and SUNY-NY. We have 2 sons and a daughter. Mariano 18y/o, Andrea 16 y/o and Thomas 11 y/o. Thomas is an American citizen. He was born in Worcester, Massachusetts during are training at UMASS Med Center in 1995. He has developed great tennis skills started at age of 6. However, in Venezuela there are no Tennis Academies with International level of competition. For that reason, In May 2005, we decided to bring our dearest Tommy to Miami Beach to trained in James Bollettieri Tennis Academy and enroll in North Beach Elementary School to give him the chance. James, Tom and Victor have made up a successful tennis weekly plan for Thomas, so he did great last year descending in the 12 y1o USTA ranking from number 1660 to 79 between October and June, with only 10 years old. Analyzing that success we went forward deciding to leave him training with Jimmy for at least two years more. While my husband along my other two children are in Venezuela. Jimmy, Tom and Victor make people fell home at North Shore. They stand by their students improving their tennis performance as well as their confidence. From the bottom of our heart we want to thanks Jimmy and his team for giving Tommy the opportunity to catch his dream. Best regards. Marlenne Tenreiro (Thomas~nreiro's mother). cell 786-2226144 ~ v- - -- - Subj: Reference Letter Date: 11/612006 12:Oi:16 PM Eastern Standard Time From: ~at~V~arL-z~~exr_.n ~uvNeart.c~,m To: ~.e reE; ~sG+~arei~~c,~aci.c;~rn Dear Tam, 1 wanted to take the time to thank you for the Last 5 years of service at North Shore Tennis Center. I am writing this fetter as a recommendation that greensquare retain the contract for Flamingo and North Shore Tennis Facilities. !have been playing tennis at both facilities far over 10 years and t have never seen a better run program since your organization has taken over the tennis facilities. The increase in activity and programs has brought a much needed outlet for tennis players of ali ages. I have seen an increase in the number of high quality players as wetl. Most impressive are the programs you have for the kids of Miami Beach. The surf and tennis academy is a winner and you can see it in the kids eyes how much they Love the program. As Captain of the Miami Mavericks Tennis Club, we are proud to call North Shore our home practice facility. The courts are in great shape and you are always accommodating and always make us feel welcome. Please let me know what else we can do to help spread the word. Sincerely, Charlie Alvarez Captain Miami Mavericks and Miami Beach Resident fop:~,'~~2.,~4v~.~isreart.corz; NOTICE: This communication may contain legally privileged or other confidential information, and is sent in trust, for the sole purpose of delivery to the intended recipient. If you are not the intended recipient, or believe that you have received this communication in error, please do not print, copy, etransmit, disseminate, or otherwise use the information. Please immediately notify the sender by reply email, or at 866-744-4677, and delete this message and any attachments, if any. Copyright C 2006 Physician Diagnostic Services, Inc. Ail rights reserved. PDS, PDSHEART, Physician Diagnostic Services, WebHotter and 'The Company You Deserve" are trademarks of Physician Diagnostic Services, Inc. Monday, November 06, 2006 America Online: GR~~NSQtJAI~INC lMBEf~ & C~f~PA~IY 1031 North Miami Beach Boulevard North Miami Beach, Nofioa 33162 Certified Public Accountants Phone: (305) 949-8361 (800) 829-3279 Fax: (305) 956-5131 Email: imber@imberandcompany.com November 6, 2006 Re: Tom Mar, 3ames Bollettieri, Victor Weitthorn Greensquare, lnc. To Whom It May Concern: I have known the above-referenced gentlemen far approximately five years or more and also have been playing at North Shore since inception and playing at Flamingo for years prior to when Greensquare took over. I must say that these gentlemen are highly professional people who run a really smooth tennis center. Flamingo is much more organized and runs a lot smoother, in my opinion, than prior to Greensquare taking over. The courts at North Shore are maintained to a high degree. The facilities are clean and well-run. It would be my recommendation that these gentlemen continue running tlae tennis facilities. Very truly yours, IMB, & CGM~AN /~ ~ i Barry A. ber Certified Public Accountant BAI:rcl Member of American Institute of Certified Public Accountants Member of Fiorlda institute of Certified Public Accountants 1 Ct~G ! l/i t SuI,1~ Fw: Flarningeltllortlt Shore Parks C~~+b~ fi~;,I)/2C~C'>r 9:~~:C?~ ~fih Eastern! l]ayfightTime t ~. __._ Jriginai P~iessage -~---- F.o~~: ~Q:: Sent: lNonday, ©ctat3er g~; 20©6 $'3S I'+1/i S~ab;es:t: FlamingoltVo-th 5f~ore Parks Dear Simon, l ho,;e the copy of my book, The Colonial Spanish American City, got to yon:- l left it a couple of months ago with one of the sfiaff outside your office. Simon, 3 wras told today aboi+f the meeting on Wednesday when a proposal will be submitted by Greensquare #o waive the competitive bidding process for a new ~-year contract to operate tl~+e tennis iscilities and programs at both Flamingo and North Shore Parks. ! am not sure that i can attend the meeting. About a month ago I became Editor-in-chief of The Encyclopedia of Latin American History and Culture, to be published in 2D08. k have been working day and night airing editors and finding authors. Things will ease up soon, but Wednesday will be difficult. So, l would like to tell you that these people have run excellent facilifies anti provided exceptionally fine programs for our youth and our adults. They should be given another contract. 3 would be glad to provide further comment. Son sa}udas, Jay ~~'~zes~ia~t~; C~ctrsl~e.r It?; ?t1~6 r~imerioa i 3n.liae~ GR~~?~~S(~L)i~?~EYi~~ t,Tnti.tled Sunday,Novenber 19,24Q6 To Whom it may consern: By this letter,I would like to stress how Importan Greensquare is to the Tennis academy at North Shore and its menbers. We moved here about a year ago and our son Thibault 14 was starting A new yeas in a totally new Country with a totally new language and way of living han he has been used to. ~1e were looking for an activity for him to do after school and to imenrse him more in this new multicultural area were reffered to the Academy by the Soccer Coach. Thibault decided to try it out even thought he had never played tennis before . This was love at first sight. Since then he has been taking lesson very seriously and thanks to the encouragement and guidance from all the coaches they have made tremendous progress and now even participates in matches all over Dade and Broward counties I m so glad we found this center and that it was managed by Greensquare, This academy has become more than just a place to practice tennis i.t s a second home where Thibault can evolve both within the tennis program but also on a more personal level. Tom,Jimmy,Victor have the ability to form a tremendous relationship with all the members and their family which only brings the best out of everyone. I would like to stress also something you may not be aware of :Mr.Bolletieri 's name has a world wide recognation that should not be ignored, and Mr.Bolletieri s already efficient management can only bring fame and prestige to this academy and therefore Miami Beach. i would love to see my son to keep on benefiting from this marvelous team that Greensquare have there. North shore `s Tennis Academy°s image could never be brighter under any one else's management. Thanks to Greensquare for all you have donne for my son.Iie has not Page 1 Untitled only dicovered his passion,thanks to you but also made some very good friendships with all the This is more than we could haver ever hoped and i the only one touched by heir way of being and managing the Academy. Respectufully yours, Christine Sastit Cel1:305 X89 9827 fi` ,~, ~' ~ (Thibault 's Mother) coaches and menbers. know my f amp, ly i s no Fage 2 Yehhon tc weep green 3qu~e at rian~tnge art1 r~ertr. ~ncre ra~s•~s ~ en~c~n rage F cr Home j Sign a Petition j Create a Petition i vJe, ti1~ ~F1uEiSi~I'iEu, zrlttOiS@ ii G fCtiaii+l~y ~;etitii/r:: T~.•ra.-.t. M1.1 Fi: r... -. r.~ `~1'.r `viiirmir~~vii~r.- `il.. .'.f ll.iuiii~ v~u~ii :yam,,. s..~ u~< <z~ ,_ ~ .r ., v}v ~Svi: vCivi cS iiirSii Treen ~r~u~Ce's c.~mtr~act with the t`ity c~fTvti:tmi Reach tc~ ~~»erite the tennis y 1 ~Q4111t1fi1 cIt 11ai.1+1111~t; Giffu 1rt;i fll ~,[1~r1G r ta[n~ G;~~ri:Gj iii 1~ici1 C+1f ir1 :_.cn;;, n1..e1 c1~.~~....,o o ~• _ ..,iyila%u1 c5. a r_~~i • snn SEe Full Fe t d ~ .:, Thank you, Susan! You signed this petition at: 7:37 AM PD7, Aug 25, 2006 If this is not you, please iog ouz. View Signatures: I ~ < 38 > i I'CLiIIf)II i:3 i~GGi.7 <JiGGff Jlj'L6i~.fG uE i fiiftiff~'f1 "cff`.I i'~ifSf!.if :,ff()IG ri~fti3 ;-:,f3LiCiff I"r;SG L :3i L i~~~i~ion '[4 Keep ~r~~n ~Cltj~re ~~ r°i~~~ne~~ ~na~ i~~r~r~ ~~~r~ ~_ _~_ - - rc~ ~tE~ 'v11e, the undersigned, are citizens of Miami Beach and neighborino cities wha urge the CGnmisSioners r r'~ity of Miami RParh *n a!_t in thQ pact intPractc of itg riti7Pnc by m~intainin~ C;CPart ~nlfarP ac the n~~r a~i."...a.: ii"~v furili ati ~.rs ahi~yvnd i!"~iur~.ii "O'if iv v? a~liii ~ ~~~~~..~~..Ya..v.~ ~~~ .r.~.~..r'iitiw~. :iJ lis i°~ N'~i.~iviia'..i i:ri...s!..`~, I ili~I l ICYGI Uf SCI YiI.CS i](CCi i 3i.jUGI C I IOJ UCCA UCiI YCl ii Ili W i ill.f l i iG YC I I iGUC l1 iC I'IiGf i ll OCGI..f i lCI ll1{J cif UL envy cif surrounding communities. i~ve also know ttlat Green 5quere nas aceompiisnec fcr more than i predecessors in developing tennis programs for warren, men and children enjoyed by many local resit To the TopjSign Petitian Email this petition to your friends Note: This Petitian to Keep Green Square at Flamingo and North Share Parks petition was submitted by L)cililres i-lirst~ ThePetitionSite.com is a free service provided to help concerned citizens rally support for issues they believe in. The r expressed by this petition do not necessarily reflect the views and opinions of ThePetitionSite.com or Care2.com. The express or implied endorsement of this petition nor any newsletter offers (except those from Care2.com) by Care2.cc ThePetitionSite.com, or our sponsors. If you believe this system is being abused, please cnnr~cr ceesrnmer ~.~mnnrr. questions about this petition? Contact the petition sponsor: Uaiores Nirsn. Questions about thePetitionSite.com? Visit our FAO Page. !-lama i r'raara a Dotirin.n I r?Ilacrinne I r'nrrart i Tarmc of Sar:~era i ! a~rn Nnw to ['nnlriheita Mnra Powered by Care2_com, Inc., p 2006 ~ We are anon-partisan organization, dedicated to providing you a voice to the world. View Signatures:, ~ 38 > >! ~~- ~r~~ t~ar~ cu+.:ctie yutrtanc3ry and Action petitioned for j Green Square's contract with the City of Miami beach to operate the tennis facilities at I Flamingo and North Short Parks expires in March of X007. We, the undersigned, are citizens of Miami Beach and neighboring cities who urge the commissioners of the City of Miami Beach to art in the best interests of its citizens by maintaining Green Square as the operator of these twa facilities beyond March of 2pfl7 with no interruption in services. We have personal knowieiige of the high ieve! of services Green Square has been delivering which have made the Miami Beach tennis program the envy of surrounding communities. V'Je also knova that Green Square has accomplished far more than its predecessors in developing tennis programs far women, men and children enjoyed by many local residents. ,lU~ /r142 U'~~I 0 ~ l~Sd ,~/G i= f ~ _~.. -, .- ,, ~~ !vI _ r J -N J__G~ ~ ~,~~ /~~~(a~ ^ 4 I `^ ~~~~~tn ~ ~ ~ 4 ~ ~ --- ~ 1,1~ ~~`2 ~~~ ~ , ~ L ~~"~ P~ ~ `~" f W ~-- ~~ ~ ~ i ~ A ~~~ -- b ~°l~' ~Y ~- iv ~.~ r ,,, l-"~!c ~- , //f ~/ I ~ ~~~ 1i ~/'~~ -____- ~/~Y ~ /'L ~ 2~ ~-C( ~ z~ ~~~~~~~~ f~ ~~ r~~r~ ~qc~~r~ ~~ ~~~i~ ~ ~ ~ ~d ~r~. Petition summary and background 3 Green Square's contract with the City of Miami Beach to orate the tennis facilities at Flamingo and North Shore Parks expires in March of 2007. Action petitioned for We, the undersigned, are citizens of Miami Leach and neighboring cities w -- commissioners of the City of Miami Beach to act in the best interests of its c~it~uer~ns by maintaining Green Square as the operator of these two facilities beyond March of zG07 with no interruption in services, We have personal knowledge of the high level of services Green Square has been delivering which have made the Miami Beach tennis program the envy of surrounding communities. We also know that Green Square has accomplished far mare than its predecessors in developing tennis programs for -vornen - men and children enjoyed by many local residents, i , tC`~~~ 0 C~h~ ~~ .i'ti ~ A ~ ~ ~ ---_.._ F ~, ~'"~~ ~t'Y~/ e F r- ~ ~/~~~OL~ ._ ..LL. ~%/~/~~ Il'=~~Q~e' ~y /~ ~s~~,~~ "G 8 /G ~~ ~ y ~~ ~~~ ~~ ~~ ~ ~ d ~~ ~~ ~ v r~.~ d I ~ ~~~a~ ~~ ~~ ~ ..- ~~~~t~~ ~~ ~~ r~e~ ~r~~~r~ ~~ ~~~~~r~~~ ~~d or~~ ~~~~-~ ~~r~~ t T «~~~~ ~.,~~«~rary anu ~acKgrauna j careen Square's contract with the City of Miami Beach to operate the tennis facility se at Flamingo and North Shore Parks expires in March of 2007. Action petitioned far ~ We, the undersigned, are citizens of Miami Beach and neighboring cities who urg to he commissioners of the City of Miami Beach to act in the best interests of its citizens by maintaining Green Square as the operator of these two fadiities beyond March of 2007 with no interruption in services. We have personal knowledge of the high level of services Green Square has been delivering which have made tite Miami Beach tennis program the envy of surrounding communities. We also know that Green Square has accomplished far mare than its predecessors in developing tennis programs for women, men and children enjoyed by many focal residents. i ~s, ~ ~U:~ rt r~-,~ ce; ~ /~ ~c~ ~ # r7~Gq ,~~i4n ~:~ ~htG - ---~ ._~...: 1- ~~~1', -----" a ~' ~'' ,, :-~ _,_v ~ ~ ~,o ~,-,e'f ~,~C ~' Poi /~ ~~ ,~f',- ~ 3 ~' /l ~~ ~~ ~g~ ~r i ~ -- ~ ' ~ ,~/~ ~-; a~~o1u~'~, , ~ ~ ~ ~~~c~a~ ~~ ¢-~ ~ ~ o.~ 1 !!~~ j~O ~'(~.~n~, ~ --fit - ~~` - ~~ ( V ~ '~~ 1 tQ ~ .1 ---~~~ ! g~ _ C~ G . ~~~it~~~ ~~ ~~~~ r~~ri ~+~u~re ~~ ~t~t~g~~ ~~t~ ~~h Sh~r~ 1~~rk~ Pet's~on summary and background 'Green Square's contract with the City of Miami Beach to operate the tennis facilities at W Flamingo and North Shore Parks expires in March of 2C'fl7. Action petitioned for We, the undersigned, are citizens of Miami Beach and neighboring cities ~rhe ge the ~ commissioners of the City of Miami Beach to act in the best interests of its citizens by maintaining Green Square as the operator of these two facilities beyond March of 2007 with no interruption in services. We have personal knowledge of the high levei of services Green Square has been delivering which have made the Miami Beach tennic program the envy of surrounding communities. VtiJe also know that Green Square has accomplished far more than its predecessors in developing tennis programs for women, men and children enjoyed by many local residents. 0 .~, ~ ~~t 'Mt «-r ~~~ f e ~, ~c~,~ot~,~. ti lorry ~~ tic~S~~~l(~ ~~~ ~~~ ~~~ l~ >rGw ~~~~ 7 /~ fJ 1`7 __..~,.._..w,.....„..,. _. -- _. _- _ ff > .~ ~.~.. __ ~~~ ~~ ~~ ....~..,~ ~ .. ~ _..~..~.~~ ~ ~ C,°ri < ..~Z, 'rte. ~~~~ l ~.S~L f~ ate- . _._, ~ ~, ~ r~ ~~,,. ~ ~ r , '! ~ ~ ~ ~~ ~ ~ ~ ~.. -, ~~s~ Q~ d Y 1.~ ~~ .c 3 - -~ - - -G~ Z g.~ 3 ~r r ~-~.2.1( ~i -- ~ ~ ~~-r~ ~~ rk~ Petition summary and background ~ Green Square's contract with the City of Miami Beach to operate the tennis facilities at ~ i=iamingo and t~ori:h Shore Parks expires in March of 2007. Ackion petitioned for { We, the undersigned, are citizens of Miami Beach and neighboring cities who urge the commissioners of the City of Miami Beach to act in the best interests of its citizens by (maintaining Green Square as the operator of these two facilities beyond March of 20017 with no interruption in services. We have personal knowledge of the high level of services Green Square has been delivering which have made the Miami Beach tennis ,program the envy of surrounding communities. We also know that Green Square has accomplished far more than its predecessors in developing tennis programs for women, men and children enjoyed by many loco[ residents. Printed Name Signature Address Comment Date ~ LLcav //1 ~ . ~~ 22 t7 iv • MKS 1/ C? }11 Tc~ 0~- 3~~ ~'I ~r ~y~~/ f~~/ ___. __ ~X ~~~'R'~ `T3~ I~R.Dtd~r . ~G! rLN q~po aoN ~ .rJ",T,T to//iKr~ ~!~ .io ~•~~, )e..r5 3 ~ l~t..it3 i ~ S ~-y~y ~~ ~S ?3 ~ U- ~o ~ ~l4" ~ ~ ! /~ .-- ;` ,.1-- ,~ ~ ,, ~ ~, ~t~~ ~~ ~fd ('JR'y~ ~ L .S ~. l ~~~J }tef~ _ i v ~~ G, ~ r~~~a ~J~ s ~' _ ~~~ ~ , _j ' `~ I ~ (~ a. r e ~, ~ ~~ ~ --~.--, dY~ -ter ~- ~ ~- ~ __ ~~ ~~1~~~ ~~r~~ Petition surrrmary and backgrou do Green Square's contract with the City of Miami Beach too Aerate t,+e tennis facilities at Flamingo and North Shore Parks expires in March of X007. Action ~titioned for We, the undersigned, are cit#zens of Miami Beach and neighboring cities ,,,~,}~ u commissioners of the City of Miami Beach to act in the best interests of its citizens ay maintaining Green Square as the operator of these two facilities beyond March of 2007 with no interruption in services. We have personal knowler~ge of the high Ievei of j sen+ices Green Square has been delivering which have made the Miami Beach tennis program the envy of surrounding communities. We also know that Green Square has accomplished far more than its predecessors in developing tennis p~-ograrn~ for ~,y~enj men and children enjoyed by many #ocal residents. f ~~ {~ ~ c~0 .~p IIG~fiG~ ~ ~ ~ ~ ~~o ~~e ~Frs~ coil I-~~CG CD Gc~~t __ ..w. ~x~~ ~~ ~~ ~~1~ ~~ i~ ,~ ~ ,,._. y ~sYi ;~~: ~ ,~ ~.. i ~ ~J ~ ~~ 152 ~ ~~~~ ~ >~t~ ~ ;~ - I ~ ~s ~ I - -__._.._..... _ .. . e ~ ~- ~~~ ~- ~ ~ ~ ~~ ~ ~'S -(, 6 ~~ ~,~. ~ ~~/ (ii< ~ ~ S J ~: i l ~,J~ . ~ l~ 0 ~~1~ Ct~ Q ~~~ l~~ ~~ ~1~~~~~ summary and background ~ Green Square's contract with the City of Miami Bey to operate the tennis facilities at Flamingo and North Shore Parks expires in March of 2007, Action petitioned for ~ We, the undersigned, are citizens of Miami Beach and nei -`~ commissioners of the City of Miami Beach to act in the best +~eregsts of its t~itize s by maintaining Green Square as the operator of these two facilities be with no interruption in services, We have personal knowledge of the~high jevei of Z0G7 services Green Square has been delivering which have made the Miami Program the envy of surrounding communities. We also know that Green~Ch tennis Square has accomplished far more than its predecessors in developing tennis programs #t~r worr-en men and children enjoyed by many focal residents -_ c> ~ ~t~t~~~ t~ ~~~ r~~~ ~~~~~~ ~t ~~~~~r~~ a~~~ art ~~~~-~ ~~ rk~ summary and background I Green Square's contract with the City of Miami Beach to operate the tennis facilities at _^ Flamingo and North Shore Parks expires in March of 2Ut?7. Action petitioned for We, the undersigned, are citizens of Miami Beach and neighboring cities who urge the commissioners of the City of Miami Beach to act in the best interests of its citizens by maintaining Green Square as the operator of these two facilities beyond March of 2007 with no interruption in services. We have personal knowledge of the high level of services Green Square has been delivering which have made the Miami Beach tennis program the envy of surrounding cornmunities. V`Je also know that Green Square has accomplished far more than its predecessors in developing tennis programs for women, j men and children enjoyed by many iota! residents. Jam!' /IJ~ ~~ r~ U~ C A ~, ~~' ;`~ ~~ ~ ?,~. ~t ~~~~ Pte. ~~-, ~• R~pv~r ~~-T~rcr~ ~ u~~ ~3o/c,~Lci~us ~~ ~- ~. ~ - - ~4 ~~--,.`~~ SYLt...~ A t-{~,,` fir` ~ . Q t ~ ~~ir S~ 6 S' it ti/ ~i~Airt~c.l~ C .i:t,t~~ I~ v ~-~.? -mac ~/14~~v c ~- ~f/Z 2 /~ e -~ 5 " Cl ~ - ~~- v6 L J (~~ Petition to Keep green Stiuare at Fiami~ o and N 9 orth Shore Parks Petition summary and background Green Square's contract with the City of Miami Beach to operate the tennis facilities at Flamingo and North Share Parks expires in March of 2007. Action petitioned for We, the undersigned, are citizens of Miami Beach and neighboring cities who urge the commissioners of the City of Miami Beach to act in the best interests of its citizens by maintaining Green Square as the operator of these two facilities beyond March of 2007 with no interruption in services, We have personal knowledge of the high level of services Green Square has been delivering which have made the Miami Beach tennis program the envy of surrounding communities. We also know that Green Square has accomplished far more than its predecessors in developing tennis program for women, rnen and children enjoyed by many local residents. Printed Name na#ure Address Comment Date ~ -t' 1 Y' !~ ~ j A -_ ,7 Q til~c~ lac' !~ ~ L (i~ ^ tL~-SCE ' /~ 7 Z~~I ~ r ~v~~0 `,~~ ~ ~ .3~'t x`35 ~ t5 v /Z ~33f~ ~, - -. ~, , ~ , _ ,~ ~-_.h- .,~_` _'/ lei. ~v r, ~ - _ ~- C ~~ _ ,/~ ~ ~~~ . ~~' ~ ~ '~ ~.~~ 7;'30 ~-~-~. ~ ~ ~ ~/i ~ o r C~~~. P of {~~ ~ ~~~ Petition to >~Ceep Green Square at Flamin o and 9 Forth Shore Parks ~~~~«v~ ~ Summary and uackground Green Square's contract ~ h ~h~ wit the Gty of Miami Beach to operate the tennis facilities at Flamingo and North Shore Parks expires in March of 2007. Action petitioned for We, the undersigned, are citizens of Miami Beach and neighboring cities wh commissioners of the City of Miami Beach to act in the best interests of its c tizens by maintaining Green Square as the operator of these two facilities beyond March of 2007 with no interruption in services. We have personal knowledge of the high level of services Green Square has been delivering which have made the Miami Beach tennis program the envy of surrounding communities. We also know that Green Square has accomplished far more than its predecessors in developing tennis programs for women, men and children enjoyed by many local residents. ~~Z~Za~ i~r1i(-,fit ~~~~~ :c `L ~~ ~~~ ~-~c~-~' I ~ ;~ ~~; ~ ~ ~~ ~~ j~~ n !lJc~~ l~n`q~'~ ~~ ~~ ~~~ t~~~n ~~,~5 (oaj7 Coll+r~s /~„e ~ gG~' Cxc~~~.t ~lt~ ~~~~; ,e.~ i - ~~e~~v~~ Seri; ~_/~t~_-~~~; ~ ~~ti~~ // F~re~ .Se:~ , ~~ _ _ ~ ~, , Sf4-~~~T 3~. ~' ~^~~^a ~ °l l 7 w ~~ws -~ - c~-zt 1 ~ M V - ~' ~ « `~ ~. F ~ Co,,(~1~ ,~~# Sc 18tj0 &~~- (~ ~rbo~,r tLls ~ % _ G~ ~ ZU` 1 PY~~ ~ ~,,~,~rtT~, ~t~, / ~~51 ~~ ~~-'X~ ~1~~ t~~ ~-i-a~- - ~ _~- _ tR ias _ , .. ~3`. .: ~C. .=i-l -..~fs.<, _'aiia t.{.r +~c~l .. -_ s,t~ ...., .. ~i-.rig. } '~. _ ii :.. -iii (r•' .l ~.: i•.[ .! `!.` 9 4cc:~. '. ..i, Isi ir~Fi~ .tS(Ft ~~~ ~,'t~~ i~.lt s - _.. - ;.. . ~ i ._~'•l;: (i' C`'~>~!"t t: ~~t?r3t.' ?th; fJ.,'ttf?i'rih,S C`t tf 'sf''1i ~('i#F' :.i r€ r ;JS r< .<_ t:; ?_tlc- f~~.- :„ ,~~s~~ , ~3c:; i..,f -:' r:- ~~t, .~... ~ >, .. , ,_ ; ., .. .. 1t - ~ tt., ';t ::!~it?f i -. 3r i ,, 'ri fly.. ~ !• +f t E ` f - ~ - - _ ~?:il i1"-.i`34 ~Ci/Z~~°,v't(G.(C' _ 1t. +F~ ::!tfc') " 'ti! .__ ?t't:'i'r '"Sl<l,,r'x (';a. I'tc;~, tft~'ti ,~[t F ~.; .. p,.. - tr... s .,.i lr=. 1 ~:^ I !t'. j;,.i jtr., .(rL i'f1G.i' i7i~'.ti„ i ~_~1?r1i E1_;t.isSy? i.:llr.' _.f.~.''y: i~4' ~iti.iSSli;~;!tl.~ _.;i:ai . e ,P~', l~i~ eil~ sfi~CLti ltiJ? is ~ , ,.-y is,~ is 5:.:,~~ i.:.. ~}l C~i" i'~' ~' -: } ! u 1. !lt '~ clfl~S +'~'PIE(~ify4f i_F'!~`4'"':~ ii` Il?dil} i.J. ~~; 1E'-.IF~t_'y t:: .._ .t.. iY ~._ ~ , r ~.. ?: __,.~_ r... i .. .. 1 C -_ i ~ ~ ! .. ~ ~ f' . ~ ~ ~ . e ~ ~t F.% --' E.. ` . r. . ,~ J. Ir ! .: .... - ~, _. ... ,;~~ , _ ._ _ t € ''• .-. t, ~, ... E t- ~_ra ,_ ~ - ~ ! f° ~~ .... ~4 ! $ y/ f ? ~'x7 d..~ ~_ _ ~-t .~ ~`ir, 11 _,ii~~ ~'~1~; dd x `"- t .}. 1 t ~ i _, t ~ f ., ... ,- , _ . .. w.. .. 1. ~,- ,i t ~ ~; c' . i i4 ~ : 4 ._ ~ it b ~ , ~ 1 n ~;E ._ t i ~ ~. ~,} T! ~S_ . { ~..~ ~ ~ ! ;, ~~ ~ ~~.~ 1; ~ ~ ~r ~~~ ,. ,. i.~Y+r 1. '. ir,~ 1 ~ i~~--. - ~~ , S ~ f t. ~:' _ ~. J f. r~ ~: i r 1 ~ ~ t~ .. fit.' ..~ ~`' .~,,, ~ •~~ ~d r_ -rf 4r y. f_... .j. .'.~.~ _ c. e - +.r-~~. ~ a.• i -.r -.y r I-j ~ L. ~4...-. _. /~''+^+ ~~.`. Sp ////ten .~. (~,~y ~l .TG! ~ t/~~ -l t !!/// ~/ r 11 J !1 6, ~//!1 ,~ . . _. n; r QiJALIFICATION DOCUMENTS TO BE COMPLETED AND RETURNED TO THE CITY -EXHIBIT "E" 51 IN~uRaNCE cl-tEC~c LIST XXX 1. Workers' Compensation and Employer's Liability per the statutory limits of the state of Florida. XXX 2 Comprehensive General Liability (occurrence form), limits of liability $ ~ ,000,000.00 per occurrence for bodily injury property damage to include Premises/ Operations; Products, Completed Operations and Contractual Liability. Contractual Liability and Contractual Indemnity (Hold harmless endorsement exactly as written in "insurance requirements" of specifications}. XXX3.Automcbile Liability - $9,000,000 each occurrence - ownedlnon-owned/hired automobiles included. 4.Excess Liability - $ . 00 per occurrence to follow the primary coverage. XXX 5. The City must be named as and additional insured on the liability policies; and it must be stated on the certificate. 6. Other insurance as indicated: _ Builders Risk completed value $~. 00 T Liquor Liability $ . 00 Fire Legal Liability $ . 00 Protection and Indemnity $ . 00 i Employee Dishonesty Bond $ . Op XXX Professional Liability $1,000,000 .00 XXX 7.Thirty (30) days written cancellation notice required. XXX 8.Best's guide rating B+: Vl or better, latest edition. XXX 9.The certificate must state the Quote number and title VENDOR AND INSURANCE AGENT STATEMENT: We understand the insurance Requirements of these specifications and that evidence of this insurance may be required within five (5) days after Pro sal opening. ~- Vendor Signature f V dor October 31 2006 RFP No 07-O6.r07 City of Miami Beach 00 ..~ r . RcQtJEST FOR PROPOSALS NO. 67'-06107 ACKNOWLEE7GMENT OF ADDENDA Directions: Complete Part f or Part {i, whichever applies. Part 1: Listed below are the dates of issue for each Addendum received in connection with this RFP: Q7-D6107 Addendum No. 1, Dated ~ ~ ~~ 3 ~ (~ Addendum No. 2, Dated ~ ~ ~ ~d ! ~~ Addendum Na. 3, Dated Addendum No. 4, Dated Addendum No. 5, Dated Part II: No addendum was received in connection with this RFP. Verified with Procurement staff Name of staff (Firm -Name) Date (Date) (Signature} October ? 1. 2DD6 Cdy of Miami Cieach RFP No- 07-06;07 25 of DECLARATION TO: City cf Miami Beach City Hal! 1700 Convention Center Drive Procurement Division Miami Beach, Florida 33139 Submitted this ~#M'"day of N~VPlN~1^ , 2003. The undersigned, as consultant, declares that the only persons interested in this proposal are named herein; that no other person has any interest in this responses or in the Contract to which this response pertains; that this response is made without connection or arrangement with any other person; and that this response is in every respect fair and made in good faith, without collusion or fraud. The consultan# agrees if this response is accepted, to execute an appropriate City of Miami Beach document for the purpose of establishing a formal contractual relationship between the consultant and the City of Miami Beach, Florida, for the performance of aii requirements to which the response pertains. The consultant states that the response is based upon the documents identified by the following number RFP No.07-06/07 SIGN T RE, -T1now~~s ~' ~~-r PRINTED NAME fires i d e~fi TITLE (IF CORPORATION) October 31 ?008 RFP No 07-06/C7 Crt; of Miami Beach 26 of 53 SWORN STATEMENT UNDER SECTIQN 287.933(3}{a}, FLORIDA STATUTES, ®N PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO 1N THE PRESENCE OF A NO T ARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMIMSTER OATHS. 1. This sworn statement is submitted to t •l [Print name of public entity] By For [Print [Print name(~of entity submitting swo1rn statement] Whose business address is r ~, ~p~ 1 ~ ~ (~.UAt ~a ~~~~ ~j ` ~ and (if applicable} its Federal Employer identification Number (FEIN} is G2 D,S~S (If the entity has no FElN, include the Social Security Number of the individual signing this sworn statement: 4. I understand that a "public entity crime" as defined in Paragraph 287.133(1 )(g}, Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any business with any public entity or with an agency or political subdivision of any other state or of the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresents#ion. ti. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime; with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. 6. I understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means: 1) A predecessor or successor of a person convicted of a public entity crime; or 2) An entity under the control of any .natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members; and agentswho are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. October 3 ; 20(76 Cdyo`Miami Beach RFP hJO 07-06!07 27 of 53 5} l understand that a "person" as defined in Paragraph 287.133(1)(e). rlorida Statutes means any natural person or entity organized under the laws of any s#ate or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of gcods or services let by a public entity, or which a#henrrise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in managemen# of an entity. 6) Based on information and belief, the statement which I have marked below is true in relation to the en~tity/submitting this sworn statement. [Indicate which statement applies.] V Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, ar agents who are active in the management of the en#ity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members or agents who are active in management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or mare of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. [Attach a copy of the final order] ! UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. !ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EKCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES FOR CATEGORY TWO OF ANY CHANGE iN THE INFORMATION CONTAINED IN THIS FORM [Signatu~ ~ ` Sworn to and subscribed before me this -~~~~ r day of ~'~'~~ ~ , 2006 Personally known OR Produced identification _ ~`~'~~ Notar`,~ Public -State of ~~ ~ ~?."t. C~_Ci~. ~-~~~'~)~ ~ ,' ~--'`'~ ~~ ~ ~~~' ~ My commission expires (Type of Identificatsou.._e - ` ` ~ r-,. u~«."•••, ALAN ,!. COTO • F~: ~ ~~~ Printed p = ~~ry Public -State of Florida ( typed or s am ed Commissioned name of No~ary Public) ;~ ~snn,,y~„~~ionExpiresApr26,2oos %~oF F~d;~P Commission # DD 422773 ,,,, October 31 20L~6 Gty of Miami [3each RFP No 07-06/0? 28 of 53 QUESTEONNAIRE Consultant's Name: Principal Office Address: ©. ~o~ ~~~ ta.W-- ~..~~c~ ~l. 311 `~ C?fficia! Representative: ~OW1 c35 ~. ~ 3.Y`- Individual Partnership (Circle One) Corporation If a Corporation, answer this: When Incorporated: 01 In what State: ~L~r + da. If a Foreign Corporation: Date of Registration with Florida Secretary of State: Name of Resident Agent: Address of Resident Agent: President's Name: t -'10 ~S ~ ~21~ Vice-President°s Name: --~° ! .J ~.W1Cs ~]e~l~~ler- Treasurer's Name: ~ < L~O ~ Zy bQr_~ Members of Board of Directors NON Octobe+ 31.2006 RFP No, 07-06107 City ~( Miami Beach 29 of 53 Questionnaire (continued) i# a Partnership: Date of organization: General or Limited Partnership*: Name and Address of Each Partner: NAME ADDRESS '` Designate general partners in a Limited Partnership 1. Number of years of in operating AIE business: 2. Have any agreements held by Consultant for a project ever been canceled? Yes () No (~ If yes, give details on a separate sheet. 3. Has the Consultant or any principals of the applicant organization failed to qualify as a responsible Bidder, refused to enter into a contract after an award has been made, failed to complete a contract during the past five (5) years, or been declared to be in default in any contract in the last 5 years? If yes, please explain: , 1~ October 31, 2DD6 RFP No 07-05/7 Cay of Miami E3each 30 of 53 Questionnaire (continued) 4. Has the Consultant ar any of its principals ever been declared bankrupt or reorganized under Chapter 11 or put into receivership? Yes (} No {~ If yes, give date, court jurisdiction, action taken, and any other explanation deemed necessary on a separate sheet. 5. Person or persons interested in this bid and Qualification Form have (~() have not ( j been convicted by a Federal, State, Gounty, or Municipal Court of any violation of law, other than traffic violations. To include stockholders aver ten percent {10%). (Strike out inappropriate words) 6. A. List all pending lawsuits: NO NCB. B. List ail judgments from lawsuits in the last five (5) years: /~ ©~ e. C. List any criminal violations andlar convictions of the Consultant andlor any of its principals: /V4N~ 7. Conflicts of Interest. The following relationships are the only potential, actual, or perceived conflicts of interest in connection with this proposal: (If none, state same.) ~~N tvlay ?9, 2006 RFP Na 23-05!06 City of Miami Beach 31 of 5° Lawsuits (any} pending or completed involving the corporation, partnership or individuals with more than ten percent (10%} interest: fluestionnaire {continued) 8. Public Disclosure. in order to determine whether the members of the Evaluation Committee far this Request for Proposals have any association or relationships which would constitute a conflict of interest, either actual or perceived, with any Consultant and/or individuals and entities comprising or representing such Consultant, and in an attempt to ensure full and complete disclosure regarding this contract, all Consultants are required to disclose all persons and entities who may be involved with this Proposal. Phis list shall include public relation firms, lawyers and lobbyists. The Procurement Division shall be notified in writing if any person or entity is added to this list after receipt of proposals. 4 G 110 May 19, 2006 RFP No 2's-O5/G6 City of Miami Beach 32 of `3 Questionnaire (continued) The Consultant understands that information contained in this Questionnaire will be relied upon by the City in awarding the proposed Agreement and such information is warranted by the Consultant to be true. The undersigned Consultant agrees to furnish such additional information, prior to acceptance of any proposal relating to the qualifications of the Consultant, as may be required by the City Manager. The Consultant further understands that the information contained in this questionnaire may be confirmed through a background investigation conducted by the Miami Beach Police Department. By submitting this questionnaire the Consultant agrees to cooperate with this investigation, including but not necessarily limited to fingerprinting and providing information for credit check. WITNESS: IF INDIVIDUAL: Signature Signature Print Name Print Name WITNESS: IF PARTNERSHIP: Signature Print Name of Firm Print Name Address By: General Partner Print Name N S: ~ IF CORPORATION: ~ C-, re ehscs arcT . ignature ~ Print Name of Corporation Print Name Address By: Pre ident (CORPORATE SEAL) Attest: May 79, 2006 RFP No 23-0;/06 City of Miami Beach ?3 of 5~ ~XHiBIT "~" COST PROPOSAL - RFP-f}7-(iG/d7 Private Lessons i Hour ~ '/~ Hour Assistant Professional _ ~ Resident Level 1 Pro ~ _ ___ _ --~ ___ - _ _ f_I~ tesident Level 2 Pro ~ I ~_ _ _~'~ ~ ~.5"' Resident Level 3 Pro ~ ~ _ __ ~ ~_ ~ ~ ~ Hcsident Level 4 Pro $ _ ~ d ~ $ __ _ --~- --- v~ ~ tJ'r o -Residents ____ _ S _ ___~ p _ _ ~ - ,_ -"-~----~-~ -~- ---- Juniors Level 1 Pro __________ ~__ ~____ ~.~ ~ ~ ___ "'~" '~ ,Juniors Level 2 Pro __ ~ _$ N f ~. - - ~ __ `^ -__-___.____.~ ~ Juniors Level 3 Pro _ ~ Juniors Level 4 Pro __ _ S ` ___]I [~J4_ ._- ~_______. ~..~ _ -'-~_---~_-- Lesson Series Discount Availabilit~~ Yes Package Hours N ~ fh Package Price _~1~__.._ No Additional Programs May 19 2006 City of Miami Beach and Schedules ~ Fees ~e~-fie~ Pra~-'a ~ s ~ , PFP Nc 23-05106 42 Of 53 Lesson Series Discount Availal3ility Yes No 1~ Package Hours N~~ Package Price __~~_~_ ..Y ~"1 CITY OF MIAI1t9i BE4CN DEC~.ARATlC1N: NONDISGRlMINATION IN C©NTRACTS AND BENEFITS Sect'son 1. Vendor Information Name of Company: ~-L~PY1S4i.t~3.Y'~ Name of Company Contact Person: _~ ~ L fit(" ~]~' ~ 'i' y~O rr- ~ Phone Number: ~1.Z_._L~?.i-Fax Number: C3O5173g"~~3~ E-mail: eehGQ~_~ tNL ~ ~C3L.~C Vendor Number (if known): Federal ID or Social Security Number: ~~" ®Jr' ~'i" g~ ~ ~J Approximate Number of Employees in the U.S.: ~ ~ (lf 50 or less, skip to last page, date and sign) Are any of your employees covered by a collective bargaining agreement or union trust fund? Yes 1~No Union name(s): Section 2. Compliance Questions t~uestian 1. Nondiscrimination -Protected Classes A. Does your company agree to not discriminate against your employees, applicants for employment, employees of the City, or members of the public on the basis of the fact or perception of a person's membership in the categories listed below? Please note: a "YES" answer means your company agrees it will not discriminate; a "NO" answer means your company refuses to agree that it will not discriminate. Please answer yes or no to each category. Race _Yes _ No ~ Sex Yes _ No Color _Yes _ No ~ Sexual orientation _Yes _ No Creed _Yes _ No Gender identity (transgender status) _Yes _ No Religion _Yes _ No Domestic partner status _Yes _ No National origin _Yes _ No Marital status _Yes _ No Ancestry _Yes _ No Disability _Yes _ No Age _Yes _ No AIDS/HIV status _Yes _ No Height _Yes _ No ! Weight Yes No B. Does your company agree to insert a similar nondiscrimination provision in any subcontract you enter into for the perfor mance of a substantial portion of the contract you have with the City? Please note: you must answer this question, even if you do not intend to enter into any subcontracts. _ Yes _ No May 19, 2006 RFP Mo: 23-05106 City of Miami Beach 51 of 53 Question Z. Nondiscrimination -Equal Benefits for Employees with Spouses and Employees with Domestic Partners ,Questions 2A and 2B should be answered YES even if your employees mus~ pay some or ail of the cost of spousal or domestic partner benefits. A. Does your company provide or offer access to any benefits to employees v~ith spouses or to spouses of employees? _ Yes _ No B. Does your company provide or offer access to any benefits to employees with {same or opposite sex) domestic partners" or to domestic partners of employees? _ Yes _No "The term Domestic Partner shall mean any two (2) adults of the same or different sex, who have registered as domestic partners with a govemmentbodypursuant to state or local law authorizing such registration, or with an internal registry maintained by the employer of at least one of the domestic partners. A Contractor may institute an internal registry to allow for the provision of equal benefits to employees with domestic partner who do not register their partnerships pursuant to a governmental body authorizing such registration, ar who are located in a jurisdiction where no such governmental domestic partnership exists. A Contractor that institutes such registry shall not impose criteria for registration that are more stringent than those required for domestic partnership registration by the City of Miami Beach Ifyou answered,"NO° to both Questions 2A and 26, go to Section 4 (at the bottom of this page), complete and sign the form, filling in all items requested. i~ou answered "YES" to either or both Questions 2A and 2B, please continue to Question 2C below. Question 2. (continued) C. Please check all benefits that apply to your answers above and list in the "other" section any additional benefits not already specified. Note: some benefits are provided to employees because they have a spouse or domestic partner, such as bereavement leave; other benefits are provided directly to the spouse or domestic partner, such as medicak insurance. BENEFIT Yes for Employees with Souses Yes for Employees with Domestic Partners No, this Benefit is Not Offered Documentation of this Benefit is Submitted with this Form Heath ~-- ~ o ^ ^ ^ Den to I ^ ,~ ^ ^ Vision ^ ~ Retirement (Pension, 401 k ,etc. ^ ^ ^ ^ Bereavement i.l ^ ^ ^ Famil Leave ^ ;_~ ^ Parental Leave ^ ^ ^ ^ Employee Assistance Pro ram ^ ^ ^ ~~ Relocation & Travel ci ^ ^ ~ Company Discount, Facilities & Events ^ ^ ,~ ^ Credit Union ^ ^ ^ Child Care ^ ^ ^ ^ Other ^ ,_, ^ Mey 141, 2000 RFP No: ?_3-05/Of City of Miami 3each 52 of 53 uoea;~ wieiW ~o ~u~ 9001 6l ~eW ES ,o £9 9C750-£1 °~ ddb ssa~ppy 6ug!eW a{;!1 ~v~ ~tS (;wld aseald) ,too;eu6!S }o aweN ...~, ~w :S ~~®~, a~n;eu6{S o ,yep -~ s!Ul Pa;noax~ a;etS ~l!~ ;e , ~ peal. aU; u! '7~~1 } ~ `~- ~ u! o azuoU;ne we { ;eyl PUe .loa~soo '~iten;oe~;uoo ~;!;ua s!y; P,a un tin(~ad }o ~;{euad ~apun a~e!oap 1 pue anal s! 6u!o6a3o} ay; ieyl eP!aol~ }o a}e;S ay; }o sane{ ay; P ;uawnooa ayl 6U!;noax~ ~ ua;oag sa ~pa~a}}o;i}auaq yoea ao} uo!;e;uawnoop 6u!uoddns pa;;{wgns nog( aneH oN 1. •uo4eue{dxa ue yoe;;e ';s!xa;ou i aua ~e{no{]~ed e ~o} uo!;e;uawnoop }{ ~~oogpuey aaf~o{dwa s,~~(d ~ eo~o oapo o~d aoue~as~s! ino/~}woo~ saop 1} q was A;ipq~6!{a ayl }o aneai ;uawnoop o; ';uawnoop ue{d ~no/+ }o uo!;.. ~auL~ed of;sawo~{ ~o};uawa~!nba~ a dwexa ~o~ aoueu!pap aadad ;wawa;e;s e;lwgns aouelnsU! i non! 6u ~idwooose Pa!}!uao aq ;ouueo l~uedwoo ~no~ 'uoge;uawnoop s;~}auae ienb3 s,l~;!~ aU3 Ul. no ;!M ~~Z uo!;sang u! pa~~ew;!}auaq yoea ~}uan a; NO11'd1N3W(1~Q4 QNII~Odd(1S lIWS~S ,~Sf1W n0~ i U a~inba~ ~, uo!;aaS uo!;e;uawnoop p aau6~sap s!y ~o '~a6eueW ~i!~ aUl ~q Aa^g1dde uo!;eo!{dde e tiessaoau {{e Ul!n^ uol;eot{ddy sa~nseaW a{geuosea~{ mop( aney PUe `s;uawyoe;; Uo ~C dwoo o~ paaa{dwoo e ;!wgns ';ua{en!nba yseo e ICed of aaa6 ew nog( (a6e~aeoo ~auUed io!;sawop aoue!{dwoo sa.nseay~ a{geucsea~ aa} a{q!6!la aq as}}o o; 6u!{UM ease 3no,t w s~ap!^oad aoue~nsw ou aye a~ay; ' 6 a) 'Io~lUOO'n°~ ap!s;no suosea~ }c asneoaq aauuew do;eU!U-wos!pu°u e u! l+}auaq e ~a}}o;oU Ueo n°~ }{ :aloN Page 1 of 3 Hernandez, Kerry From: Smith, Kevin Sent: Tuesday, February 12, 2008 11:38 AM To: Parcher, Robert Cc: Hernandez, Kerry; Magrisso, Julio; Buigas, Theresa Subject: RE: Tennis page 5 of the agreement under terms MIAMI EACF°~ Kevin Smith, Director Parks & Recreation Department 2100 Washington Avenue, Miami Beach, FL 33139 Tel: 305-673-7730 !Fax: 305-673-7725 / www.miamibeachFl.goy We are committed to providing excellent pubtic service and safety to all who live, work and play in our vibrant, tropical, historic community. From: Parcher, Robert Sent: Tuesday, February 12, 2008 11:37 AM To: Smith, Kevin Cc: Hernandez, Kerry; Magrisso, Julio; Buigas, Theresa Subject: RE: Tennis Is that written somewhere? MIAMIBEACH Robert Parcher, City Clerk CITY CLERK'S OFFICE 1700 Convention Center Drive, Miami Beach, FL 33139 Tel: 305-673-7411 ! Fax: 305-673-7254 ! www.miamibeachil.gov We are committed to providing excellent pubtic service and safety to all who five, work and play in our vibrant, tropical, historic community. From: Smith, Kevin Sent: Tuesday, February 12, 2008 11:37 AM To: Parcher, Robert Cc: Hernandez, Kerry; Magrisso, Julio; Buigas, Theresa Subject: RE: Tennis Bob: Yes, the term is fora 3 year period, but the City also has the right to renew the agreement at our sole discretion for two 1 year periods at the conclusion of the initial agreement term. Thanks MIAMIBEACH Kevin Smith, Director Parks ~ Recreation Department 2100 Washington Avenue, Miami Beach, FL 33139 Tel: 305-673-7730 !Fax: 305-673-7725 / www.mamibeachfl,gov We are canmitted to providing excellent public service and safety to ap who five, work and play in our vibrant, tropical. historic community. ~2~ 12~2~0~ Page 2 of 3 From: Parcher, Robert Sent: Tuesday, February 12, 2008 9:02 AM To: Smith, Kevin Cc: Hernandez, Kerry; Magrisso, Julio Subject: RE: Tennis One more thing --- I did not see the information in the Resolution --- please confirm that this is a Three (3) year agreement April 15, 2007 to April 15, 2010 thanks 1V~IAM1 EACH Robert Parcher, City Clerk CITY CLERK'S OFFICE 1700 Convention Center Drive, Miami Beach, FL 33139 Tel: 305-673-74111 Fax: 305-673-72541 www.miamibeachtl.gov We are conunitted to providing excellent public service and safety to all who five, work and play in our vibrant. tmp±cat. historic community. From: Smith, Kevin Sent: Tuesday, February 12, 2008 8:52 AM To: Parcher, Robert Cc: Hernandez, Kerry; Magrisso, Julio Subject: RE: Tennis All done, be to Commission, good to go. Thanks MIAMIBEACH Kevin Smith, Director Parks ~ Recreation Department 2100 Washington Avenue, Miami Beach, FL 33139 Tel: 305-673-7730 !Fax: 305-673-77251 www.miamibeachfl.gov We are committed to providing excellent public service and safety to all who live, work arui play in our vibrant, tropical. historic comirnrnity. From: Parcher, Robert Sent: Tuesday, February 12, 2008 8:51 AM To: Smith, Kevin Cc: Hernandez, Kerry Subject: Tennis Good morning Kevin --- I have received a copy of the agreements to be executed. I am assuming negotiations have been completed. Just confirming. Bob 02/12/2008 Page 3 o f~ 3 C7G A Resolution Accepting The Recommendation Of The City Manager Pertaining To The Ranking Of Proposals Pursuant To Request For Proposals (RFP) No. 07-06/07, For Comprehensive Professional Tennis Management And Operations At The City's Flamingo And North Shore Tennis 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 Negotiations With The Second Ranked Proposer Francisco Montana & Son; And Further Authorizing The Mayor And City Clerk To Execute An Agreement Upon Conclusion Of Successful Negotiations By The Administration. (Parks & Recreation) ACTION: Resolution No. 2007-26432 adopted. Kevin Smith to handle. ~IAIVII EAGFI Robert Parcher, City Clerk CITY CLERK'S OFFICE 1700 Convention Center Drive, Miami Beach, FL 33139 Tel: 305-673-7411 ! Fax: 305-673-7254 / www.miambeachfl.gov We are committed to providing excellent public service and safety to a/1 who live, work and play in our vibrant, tropical, historic conununity. 02/ 1.2/2008